Middletown Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

An electronically transmitted document accepted for filing is considered filed when the Clerk receives the complete transmission, unless rejected; the receipt date and time appear on the sender's screen after upload.

B. All documents sent by electronic transmission and accepted for filing shall be considered filed with the Clerk of Courts as of the date and time the Clerk of Courts has received the entire transmission of the filing, unless rejected. The date and time of receipt will be indicated on the sender's computer screen after the document has been uploaded to the Clerk of Courts.

INFO

The schedule lists 2026 court closure dates and the next court date for each closure.

2026 COURT CLOSURES (revised) Court Closed Next Court Date New Year's Day January 1 Friday, Jan. 2 MLK, Jr. Day January 19 Tuesday, Jan. 20 President's Day February 16 Tuesday, Feb. 17 Good Friday April 3 Monday, April 6 Memorial Day May 25 Tuesday, May 26 Juneteenth June 19 Monday, June 22 Independence Day July 3 Monday, July 6 Labor Day September 7 Tuesday, Sept. 8 Veterans Day November 11 Thursday, Nov. 12 Thanksgiving Nov. 26 & 27 Monday, Nov. 30 Christmas Dec. 24 & 25 Monday, Dec. 28 New Year's (2027) Jan. 1 Monday, Jan. 4

CRITICAL

Deadline

7 working days

Without a substitution of counsel, a withdrawal application made within seven working days before trial or a hearing will not be approved absent good cause.

Unless accompanied by a substitution of counsel, withdrawal of counsel shall not be approved on cases where said application has been made within seven (7) working days prior to the trial or hearing date, except for good cause shown.

CRITICAL

The plaintiff must provide the proper address within ten days after the clerk’s mailed notice or the claim may be dismissed, unless service by another proper method is commenced.

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

CRITICAL

When a set-out is required, the plaintiff must file a request for a writ with the Clerk after the hearing date.

In cases where a set out is required, the following procedure will apply: the Plaintiff shall file with the Clerk a request for a Writ after the date of the hearing.

CRITICAL

A written plea must be filed within three days after counsel's telephone notification for that appearance and continuance request to be effective.

When counsel notifies the Assignment Commissioner or Clerk by telephone of an appearance and request for a continuance, such appearance and notification must be followed by a written plea within three (3) days to be effective.

CRITICAL

A party that delays a set-out beyond 30 days must comply with the procedure in Paragraph D.

Should a party delay the set out beyond thirty (30 days, the party must comply with Paragraph D above.

CRITICAL

Requests for jury-service exemptions, excuses, and deferrals must be made before the date of service.

Prospective jurors shall make all requests for exemptions, excuses and deferrals prior to the date of jury service by returning the Jury Excuse Form to the Clerk of Court's office.

CRITICAL

Objections to the Magistrate’s Decision must be filed within the stated fourteen-day period.

The Magistrate's Decision shall be filed with the Clerk of Court and served upon the parties with notice of the fourteen (14) day period to file objections to the Court.

CRITICAL

A written response to a motion is due no later than 14 days after service and, if a hearing is requested, no later than three days before the hearing.

Parties wishing to respond in writing to such motions shall do so not later than the fourteenth (14h) day following service of the motion, but not later than three (3) days prior to the hearing date, if a hearing has been requested.

CRITICAL

Deadline

10 business days

When a not guilty plea is entered at arraignment, the arresting agency must provide the Prosecutor’s office with the Criminal Rule 16 materials in its possession within 10 business days after the arresting officer files the complaint.

For those cases where a not guilty plea is entered at arraignment, all materials set forth in Criminal Rule 16 in possession of the arresting agency shall be provided to the Prosecutor's office within 10 business days of filing of the complaint by the arresting officer.

CRITICAL

Except for motions normally made at trial, motions must be written, served on opposing counsel, and made within the Ohio Rules of Criminal Procedure deadlines unless the Court orders a different time.

All motions, except those normally made at trial, shall be in writing, served on opposing counsel, and made within the time limits proscribed in the Ohio Rules of Criminal Procedure unless a different time is ordered by the Court.

CRITICAL

A request for a jury trial of eight persons must be made at least fourteen days before the scheduled trial date.

A. Request for a Trial by Jury of eight persons must be made in writing, not less than fourteen (14) days prior to the date scheduled for trial.

CRITICAL

Deadline

24 hours

In cited criminal misdemeanor and traffic cases, the affidavit must be filed with the Clerk at least 24 hours before the appearance, unless the defendant is incarcerated.

In all criminal misdemeanor and traffic cases where a citation has been issued, except where the defendant is incarcerated, the affidavit shall be filed with the Clerk of Courts at least 24 hours prior to the time for appearance.

CRITICAL

A party must file a written request with the Clerk within seven days after service of a motion to request oral hearing; otherwise, the motion is submitted without oral hearing and the right to a hearing is waived.

Any motion filed without a specific request for oral hearing shall be deemed submitted by the movant to the Court for disposition without oral hearing. Any party shall have the right to request oral hearing on any motion provided written request therefor is filed with the Clerk within seven (7) days after service of the motion. Failure to request oral hearing shall be deemed a waiver of same.

CRITICAL

In Forcible Entry and Detainer cases on the issue of possession of the premises, said summons shall notify the defendant that defendant must answer or appear on the first Tuesday following the fifth day after defendant has been served with the summons;

In Forcible Entry and Detainer cases on the issue of possession of the premises, said summons shall notify the defendant that defendant must answer or appear on the first Tuesday following the fifth day after defendant has been served with the summons;

CRITICAL

A request for a set-out after the 30-day period requires a motion hearing for issuance of the writ.

A request for set out after the thirty (30) day period will require a motion hearing for issue of the Writ.

CRITICAL

said summons shall notify each defendant that he or she must (1) answer or otherwise plead not later than the first Tuesday immediately following the 28 day after the date upon which said defendant was served with summons and copy of the Complaint, or (2) appear on defendant's own behalf, or by counsel, in Court on such Tuesday.

said summons shall notify each defendant that he or she must (1) answer or otherwise plead not later than the first Tuesday immediately following the 28 day after the date upon which said defendant was served with summons and copy of the Complaint, or (2) appear on defendant's own behalf, or by counsel, in Court on such Tuesday.

WARNING

A written not guilty plea may be entered before arraignment, and if entered, neither counsel nor the defendant needs to appear at arraignment.

A written not guilty plea may be entered prior to the date of arraignment. If the written plea is entered, neither counsel nor the defendant need to appear at the arraignment.

WARNING

A writ may remain active for no more than 30 days from the originally scheduled set-out date.

A Writ may stay active for no more than thirty (30) days from the date of the originally scheduled set out.