Mercer County Court of Common Pleas, Ohio Filing Timing and Cure Windows

CRITICAL

A rejected submission must be resubmitted to meet the requirements within 48 business hours; otherwise, the document will be rejected.

If the submission is rejected, the document shall not become part of the Court Record and the file shall be required to re-submit the document to meet the requirements within 48 business hours. If not resubmitted within 48 hours, the document will be rejected.

CRITICAL

For unregistered pro se parties using the listed paper-filing methods, documents are deemed filed and become part of the Court’s official record when the Clerk enters them in the e-File system.

Pro se parties who are not registered users of the Court’s e-File system may file documents in paper form with the Clerk in person, by U.S. Mail, or by using the Clerk’s Public Access Terminal. Documents filed in accordance with this Rule shall be deemed filed and shall become the Court’s Official court Record when they are entered by the Clerk in the Court’s e-File system.

CRITICAL

A document counts as e-filed only after the electronic filing system accepts it following Clerk review.

Only documents accepted by the electronic filing system after Clerk review are e-filed documents.

CRITICAL

An electronically submitted document is filed and docketed once it has been reviewed by the Clerk and accepted.

Accepted: An electronically submitted document has been reviewed by the Clerk, filed and docketed.

CRITICAL

Affidavit 1 must be filed by each party at the same time as the dissolution petition.

Dissolutions of Marriage: In petitions for dissolutions of marriage, an Affidavit of Income and Expenses [Affidavit 1] shall be filed with the Clerk of Court by each party at the time of filing the petition.

CRITICAL

An accepted submission is filed and docketed, is deemed filed upon acceptance, and receives an electronic stamp showing when it was submitted.

If the submission is accepted, the document shall be filed and docketed. D. Upon acceptance, the submission shall be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted to document to the Court’s e-File system.

WARNING

E-filers must allow sufficient time for filing, clerk review, and any necessary resubmission.

The e-filer must allow sufficient time for filing, clerk review, and any necessary re-submission.

WARNING

If a System Error prevents receipt, the Court may, upon satisfactory proof, order that the document be filed as of its submission date.

If a submission is not received by the Court because of a System Error, the Court may, upon satisfactory proof, enter an order permitting the document to be filed as to date it was submitted.

CRITICAL

The other parent may petition for a hearing on visitation and companionship rights within 14 days after service of the notice; if no pleading is filed within that period, the relocation proceeds as stated in the notice.

Upon receipt of said notice the other parent may petitioner this Court for hearing on visitation and companionship rights. If no such pleading is filed withing fourteen (14) days from service of the notice the relocation shall proceed as set forth in the notice.

CRITICAL

The Court must receive an entry terminating the case within 14 days after settlement notification to avoid an enforcement hearing; counsel, parties, and persons with settlement authority must attend any such hearing unless the entry is received beforehand.

If the Court does not receive an entry terminating the case within fourteen (14) days after receipt of notification of settlement, the Court will assign the matter for a hearing on enforcement of settlement [CM 7] at which time all counsel of record and parties and persons with settlement authority shall be present unless a termination entry is received prior to said hearing.

CRITICAL

Applies to

Medical malpractice report

For a medical malpractice case settling before December 15, plaintiff’s counsel must submit a Medical Malpractice Report [CM 22] within 30 days of settlement.

For medical malpractice cases that settle before the fifteenth day of December, plaintiff’s counsel shall submit a Medical Malpractice Report [CM 22] within thirty (30) days of the settlement.

CRITICAL

Deadline

3 business days

Counsel requested to prepare an entry must submit it to the Court within three business days of the request.

If counsel is requested to prepare an entry, counsel shall submit it to the Court within three (3) business days of the request.

CRITICAL

Applies to

Appellee responsive brief

In an administrative appeal, the appellee’s responsive brief is due 28 days after the appellant’s brief is filed.

2. appellee’s responsive brief shall be due twenty-eight (28) days after filing of appellant’s brief; and

CRITICAL

Pretrial briefs must be submitted directly to the Court at least seven days before final pretrial unless otherwise directed, and must not be filed with the Clerk.

All pretrial briefs shall be submitted directly to the Court with copies served upon all other counsel or pro se parties not less than seven (7) days prior to final pretrial unless the Court otherwise directs. Pretrial briefs shall not be filed with the Clerk.

CRITICAL

An opposing party may file a written response within 14 days after service of the motion.

Any party opposing the motion may file a written response within fourteen (14) days of service of the motion.

CRITICAL

At the trial level, when the attorney intends to file one of the listed post-trial filings, the Motion, Entry, and Certification form is due within 90 days after the end of the month of the last action or hearing shown on the form.

Trial Level Court - If the attorney intends to file a notice of appeal, a motion for a new trial, a motion for shock probation, or a motion for judicial release, the Motion, Entry, and Certification form is due to the Office of the Ohio Public Defender within ninety (90) days after the end of the month in which the last action or hearing indicated on the form was held.

CRITICAL

The opposing party must submit the specified support-modification materials within 14 days of service.

The opposing party shall submit a completed Affidavit of Income and Expenses [Affidavit 1] directly to the court to be placed in the Family File and the above income documentation to the Court within 14 days of service upon the opposing party.

CRITICAL

Applies to

Medical malpractice report

The Medical Malpractice Report for a pending qualifying medical malpractice case must be submitted to the Clerk of Court office before December 15 each year.

Prior to the fifteenth day of December of each year, plaintiff’s counsel in a pending medical malpractice case, which includes a medical claim, dental claim, optometric claim, or chiropractic claim, shall submit to the Clerk of Court office a Medical Malpractice Report [CM 22] for reporting purposes consistent with R.C. 2303.23.

CRITICAL

Opposing counsel must submit and serve proposed findings and conclusions within seven days after receipt of the other party's proposed statement.

Within seven (7) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing counsel shall submit and serve proposed findings of fact and conclusions of law.

CRITICAL

The Official Court Reporter or Clerk of Court must commence releasing exhibits, depositions, and transcripts after sixty days have expired from the filing of final judgment.

Upon the expiration of sixty (60) days after final judgment has been filed the Official Court Reporter/Clerk of Court shall commence releasing exhibits, depositions and/or transcripts in an action, and shall:

CRITICAL

Notice of disability-related accommodation requirements is due at least 14 days before the scheduled court appearance.

Any person who requires special accommodations because of a disability shall notify the Court of his or her special requirements at least fourteen (14) days before a scheduled court appearance.

CRITICAL

If no responsive pleading or action by plaintiff’s counsel occurs, counsel must, within 60 days after service is complete, pursue default proceedings, request a scheduling or pretrial conference, or dismiss the action.

C. Sixty (60) days after the completion of service, if no responsive pleading has been filed and no action has been taken by plaintiff’s counsel, plaintiff’s counsel shall pursue default proceedings, request a scheduling conference or pretrial conference, or dismiss the action. Failure to proceed may result in the Court giving notice of pending dismissal. [CM 2]

CRITICAL

The original objection and request for an extension to supplement it must be filed within the original 14-day objection period.

The original objection and the request for extension to supplement the objections, must be filed within the original fourteen (14) days objection period.

CRITICAL

Debtor’s counsel must file the required notice and attachments immediately when a bankruptcy proceeding stays this Court’s proceedings.

If any party files a proceeding in the U.S. Bankruptcy Court which results in a stay of this Court’s proceedings, counsel for the debtor shall immediately file with the Court a notice of same with an attached file-stamped copy of the petition and a proposed order staying proceedings [CM 9] as provided by the provisions of 11 U.S.C. 362.

CRITICAL

Objections must be filed within 14 days after the Magistrate Decision or, if applicable, written findings under Civ.R. 52 are filed.

Objections shall be filed within fourteen (14) days following the filing of the Magistrate Decision, or the filing of written findings of facts and conclusions of law pursuant to Civ.R. 52, if applicable.

CRITICAL

In cases involving child custody and a request for child or spousal support, the respondent must submit an Affidavit of Income and Expenses to the Court no later than seven days before the full hearing.

No later than seven (7) days prior to the full hearing, the respondent shall submit to the Court and serve upon petitioner an Affidavit of Income and Expenses [Affidavit 1] in cases involving custody of a child and a request for child and/or spousal support.

CRITICAL

The respondent must file the affidavit within 14 days after service of summons.

The respondent shall file an Affidavit of Income and Expenses [Affidavit 1] within 14 days of service of summons.

CRITICAL

Electronic filing does not alter or extend applicable statutes of limitation.

Electronic filing does not alter or extend applicable statutes of limitation.

CRITICAL

Supplemental objections are due 14 days after the transcript is filed.

The supplemental objections become due fourteen (14) days after the filing of the transcript.

CRITICAL

The conveyance motion and proposed entry must be filed at least one week before the proceeding when the defendant is incarcerated out of the county.

If the defendant is incarcerated out-of-the-county, it is the responsibility of defense counsel to file a motion requesting the defendant be conveyed to Mercer County [CM 15] with a proposed entry at least one (1) week prior to that proceeding [CM 16].

CRITICAL

Applies to

Appellant brief

In an administrative appeal, the appellant’s brief containing assignments of error is due 42 days after the notice of appeal is filed.

1. appellant’s brief containing assignments of error shall be due forty-two (42) days after filing of the notice of appeal;

CRITICAL

The Request for Admittance must be filed with the Clerk before acceptance into the Drug Court Program.

Prior to acceptance into the Drug Court Program, each person shall have been referred by a judge, probation officer, prosecutor, or defense attorney and the participant shall have filed a Request for Admittance [CM 28] with the Clerk of Court.

CRITICAL

A party whose counsel becomes unable to represent them or formally withdraws has 14 days to obtain new counsel or request an extension; the Court may extend the period upon the party’s application and a showing of good cause.

C. If counsel should become unable to represent a party or should formally withdraw from a case, that party shall have fourteen (14) days to secure new counsel. The Court may extend that time period upon application of the party and for good cause shown. If a party fails to procure counsel or fails to request the Court for an extension within said fourteen (14) days, the Court will assign the matter as in any other case, and the case shall proceed accordingly. In such case, notice of assignment mailed to the party without counsel will be deemed notice to that party.

CRITICAL

The Prosecuting Attorney must certify any changes to the trial deadline forthwith.

Thereafter, the Prosecuting Attorney shall forthwith in writing certify to the Court any changes in the last day of the time period within which the defendant shall be brought to trial as required by R.C. 2945.71.

CRITICAL

The written certification must be provided at least 35 days before the last day to timely convene trial.

The Prosecuting Attorney shall certify in writing to the Court the last day of the time period within which the defendant shall be brought to trial as required by R.C. 2945.71 at least 35 days prior to the last day to timely convene trial.

CRITICAL

The opposing party may file opposing affidavits, other evidence, and memoranda through the day before the summary-judgment hearing.

The opposing party shall have until the day prior to the hearing to file opposing affidavits or other evidence and memoranda.

CRITICAL

The request is due within 30 days after the end of the month in which the case is finally disposed of or terminated; noncompliance reduces reimbursement, except in capital murder cases.

at the county level and the state level, the request is due to the Court within 30 days after the end of the month in which the case was finally disposed of or terminated. Failure to comply shall result in reimbursement amounts being reduced by a rate equal to the Ohio Public Defender’s current reimbursement rate, with the exception of capital murder cases.

CRITICAL

Counsel must apply for and obtain Court approval before incurring expenses above the prescribed maximums.

No fees in excess of the maximums prescribed therein shall be approved unless prior to incurring such expenses, counsel shall make application to the Court and obtain prior approval therefore by judgment entry.

CRITICAL

Opposing counsel must approve and deliver the entry to the Court within seven days thereafter.

Within seven (7) days thereof, opposing counsel shall approve and deliver the entry to the Court.

CRITICAL

If a party’s counsel dies, the party has 30 days to obtain new counsel or request an extension before the Court assigns the matter to proceed.

E. If counsel for a party dies, the party shall have thirty (30) days in which to procure new counsel. If the party fails to procure counsel within thirty (30) days, or fails to request the Court for an extension, the Court will assign the matter as in any other case, and the case shall proceed accordingly. In such case, notice of assignment mailed to the party without counsel will be deemed notice to that party.

CRITICAL

Affidavit 1 is due within 14 days after service of summons, or with an answer or counterclaim if it has not already been submitted; the text does not specify whether the 14 days are calendar, court, or business days.

Divorce, Legal Separation, or Annulment: All complaints or motions filed shall be accompanied by an Affidavit of Income and Expenses [Affidavit 1] within 14 days of service of summons or with any answer or counterclaim if one has not already been submitted.

CRITICAL

Form CM 20 must be submitted to the Court at least 14 days before the scheduled hearing.

When interpretive services are needed, the attorney or party requesting an interpreter shall complete Form CM 20 (Request for an Interpreter) and submit it to the Court at least fourteen (14) days before the scheduled hearing.

CRITICAL

If counsel does not provide an entry within fourteen days after the decision, the Court may issue a hearing notice, and counsel must appear and show cause for the failure.

If counsel fails to provide the Court with an entry within fourteen (14) days of the rendering of a decision, the Court may issue Notice of Hearing on Entry [CM 5], and counsel shall appear at said hearing and show cause why they have failed to submit the entry.

CRITICAL

Reimbursement requests to the Office of the Ohio Public Defender are due within 90 days after the end of the month in which the case is disposed of or terminated.

NOTE: Pursuant to RC 120.33(A)(4), all requests for reimbursement are due to the Office of the Ohio Public Defender within ninety (90) days after the end of the month in which the case was finally disposed of or terminated.

CRITICAL

Oral argument is waived unless the court receives a written request at least seven days before the scheduled hearing.

Oral arguments shall be considered waived and the motion submitted unless a written request for oral arguments is received no later than seven (7) days prior to the scheduled hearing.

CRITICAL

When requested to prepare an entry after a contested decision, counsel must submit the proposed entry to opposing counsel for approval within seven days.

When the Court renders a decision in a contested manner and requests counsel to prepare an entry, said counsel shall submit the proposed entry to opposing counsel for approval within seven (7) days.

CRITICAL

A written objection opposing a mediation referral or appointed mediator is due within seven days of receiving notice.

A party opposed to either the referral or the appointed mediator must file a written objection with the Court within seven days of receiving notice of the referral or provider and explain the reasons for any opposition.

CRITICAL

Deadline

1 hours

Media requests must be submitted no later than one hour before the relevant court session, unless the trial judge permits otherwise.

Requests shall be made in writing to the Court as far in advance as reasonably practical, but in any event no later than one hour prior to the Court session to be broadcast, televised, recorded, or photographed unless otherwise permitted by the trial judge.

CRITICAL

Upon the filing of any post-conviction motion pursuant to R.C. 2953.21, the Assignment Commissioner will schedule the matter for a conference or a hearing to be withheld within sixty (60) days after said motion is filed.

Upon the filing of any post-conviction motion pursuant to R.C. 2953.21, the Assignment Commissioner will schedule the matter for a conference or a hearing to be withheld within sixty (60) days after said motion is filed.

CRITICAL

Applies to

Appellant reply brief

In an administrative appeal, the appellant’s reply brief is due 14 days after service of the appellee’s answer brief.

3. appellant’s reply brief shall be due fourteen (14) days after service of appellee’s answer brief.