Miamisburg Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

If required cover-page information is missing, the clerk may file the faxed document or place it among failed faxed documents, in which case it is not considered filed.

If a document is sent by fax to the Clerk of Court without the cover page information listed above, the Clerk may, at his/her discretion; (a) Enter the document in the Case Docket and file the document; or (b) deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Courts.

CRITICAL

An accepted fax filing is deemed filed when the Clerk time-stamps receipt, not when the fax was transmitted.

Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the fax transmission.

WARNING

The Clerk’s office is deemed open to receive fax filings on the days and during the hours the court is regularly open for business.

The office of the Clerk of Court will be deemed open to receive facsimile transmissions of documents on the same days and at the same time the court is regularly open for business.

WARNING

The sending party bears all risks of transmitting a document to the Clerk by fax.

The risks of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sending party.

INFO

Fax filers are urged, but not required, to verify receipt with the Clerk using available technological means.

Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available.

INFO

An entry of settlement may be filed at any time.

An entry of settlement may be filed at any time.

CRITICAL

If the bondsman does not show cause or bring the defendant before the Court within 45 days, the bondsman must remit the forfeited sum by the 60th day after the original notice.

In the event the bondsman has failed to show cause or bring the Defendant before the Court within the required forty-five (45) days, said bondsman shall remit the forfeited sum to the Court on or before the sixtieth (60th) day after the original notice of forfeiture.

CRITICAL

A bondsman has 45 days to show cause or present the defendant before the Court.

The notice shall be sent by ordinary mail to the bondsman advising said bondsman that he has forty-five (45) days within which to show cause or present the Defendant before the Court.

CRITICAL

Deadline

5 working days

A subsequent jury-trial waiver must be made no later than five working days after the final jury pretrial date.

In a criminal case, once a written demand for a jury trial has been filed, any subsequent waiver of the jury trial shall be made in writing no later than five (5) working days after the final Jury pre-trial date.

CRITICAL

After the clerk’s notice, the case will be dismissed in ten days unless good cause is shown.

In all new cases, if counsel fails to obtain service of summons within six (6) months, the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

CRITICAL

Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.

Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.

CRITICAL

A jury-trial demand is due by the earlier of 10 days before trial or the third day after notice of the trial date, and failure to meet the deadline waives the jury-trial right.

A demand for a trial by jury must be in writing and filed with the Clerk of Court not less than ten (10) days prior to the date set for trial, or on or before the third (3rd) day following receipt of notice of the date set for trial, whichever is earlier. Failure to demand a jury trial as provided herein is a complete waiver of the right thereto.

CRITICAL

Settlement may avoid trial without an entry, but an entry must be filed within 30 days or the case will be dismissed for want of prosecution.

The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days, or the case will be dismissed for want of prosecution.

CRITICAL

Objections to a magistrate’s report must be filed within 14 days after service, except in restitution-of-premises forcible-entry-and-detainer matters.

In all cases other than restitution of premises in forcible entry and detainer matters, the party objecting to the report of the magistrate shall file his objections within fourteen (14) days of the service of the magistrate’s report on said party.

CRITICAL

The renewed power of attorney must be filed by August 1 in each odd-numbered year.

The bail bond agent shall keep his or her registration current by filing a certified copy of a renewed power of attorney by the first day of August of each odd-numbered year.

CRITICAL

If a case not set for trial has had no action for six months, the clerk must notify the party that it will be dismissed unless good cause is shown.

If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the clerk shall notify the party that the matter will be dismissed unless good cause is shown.

CRITICAL

An act due on a court holiday or a day the court is closed must be performed the next day the court is in session.

When the day on which any act is required to be performed falls on a court holiday or a day the court is declared closed, then the act shall be performed the following day the court is in session.

CRITICAL

If a settlement entry marked “to come” is not received within 21 days, the clerk must notify the party that dismissal will follow unless the entry is received within 10 days.

When a file has been marked “settlement entry to come” and the entry has not been received within twenty-one (21) days, then the clerk shall notify the party that the case will be dismissed unless the entry is received within ten (10) days.

CRITICAL

If the defendant cannot be located at the address supplied, the Court will notify the plaintiff by mail, and the claim will be dismissed unless a proper address is provided within 10 days.

If the defendant cannot be located at the address given to the court by the plaintiff, the court will notify the plaintiff by mail of its inability to serve the defendant and the claim will be dismissed unless proper address is provided within ten (10) days.

CRITICAL

Compute the time to perform an act by excluding the first day and including the last, except when the last day falls on a Sunday or holiday.

The time within which an act is required to be done shall be computed by excluding the first day and including the last, except when the last day falls on a Sunday or on a holiday.

CRITICAL

Deadline

5 court days

Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the facsimile document is filed.

Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document.

CRITICAL

Special proceedings with statutory hearing deadlines must be set within those deadlines; other special proceedings must be set within a reasonable time, no later than ninety days.

Cases that have time limits established by the Ohio Revised Code shall be set within those time limits for hearing. In all other special proceedings, the case shall be set for hearing within a reasonable time not to exceed ninety (90) days.

CRITICAL

If requested, first- through fourth-degree misdemeanor cases must be set for pretrial within 30 days after arraignment.

After arraignment, if requested, all first, second, third, and fourth degree misdemeanors shall be set for pre-trial by the assignment commissioner within thirty (30) days.

CRITICAL

The journal entry must be submitted to the judge or magistrate within 15 days of the decision.

Within fifteen (15) days of the decision, the journal entry shall be submitted to the judge or magistrate.

CRITICAL

Parties may file objections to the magistrate’s findings within 14 days.

The magistrate shall, at the conclusion of each case, serve a copy of his or her finding upon the plaintiff and defendant and inform the parties that they may file objections to the magistrate’s findings within fourteen (14) days, in writing.

WARNING

A party may have a transcript prepared within 30 days after filing objections, unless the court extends the time in writing or there is other good cause.

A party may have a full or partial transcript prepared from the electronic recordings of proceedings within 30 days after filing objections unless the court extends the time in writing for preparation of the transcript or other good cause.

WARNING

When a file is marked “settlement to come,” the settlement entry must be received within fourteen days after the clerk’s notice to avoid dismissal.

When a file has been marked “settlement to come”, the clerk shall notify the parties that their case will be dismissed unless the entry is received within fourteen (14) days.