Morgan County Court, Ohio Filing Timing and Cure Windows

CRITICAL

Electronic filings must be completed during regular hours; documents received outside those hours will be filed the next business day.

All electronic filings must be completed during regular hours. Any document received outside of regular hours will be filed the next business day.

WARNING

Criminal and traffic judgments and orders must be shown on the docket as entered on the date the court announced them.

All Criminal and Traffic judgments and orders of this Court shall be shown as entered on the dockets of the Court as of the date the said judgments were announced by the Court.

WARNING

A party whose filing is untimely because of a Court-system failure or problems on the filer's end may seek appropriate relief from the Court.

A filing party whose filing is made untimely as a result of a technical failure of the Court's system or site, or as a result of the problems on the filer's end, may seek appropriate relief from the Court.

WARNING

The Court may deem its website to have a technical failure if it cannot accept filings continuously or intermittently for more than one hour after 10:00 a.m.; known outages will be posted when possible.

The Court may deem the internet web site to be subject to a technical failure on a given day if the site is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour after 10: 00 a.m. that day. Known system outages will be posted on the website, if possible.

INFO

A settlement entry may be filed at any time.

Entries of settlement may be filed at any time.

INFO

After acceptance processing, an electronically filed document is file-stamped with the receipt date and time and the filing's case number.

Upon successful completion of acceptance processing by the Court, a document filed electronically will be electronically file stamped . This stamp will include the date and time that the receiving device of the Court received the entire transmission as well as the case number of the filing.

CRITICAL

Adverse counsel must approve or reject the judgment entry within five days; if it is not returned within that period, it goes to the trial judge for approval in the judge's chosen form.

submit the same to counsel for the adverse party who shall approve or reject the entry within five (5) days. If opposing counsel fails to return the entry within five (5) days, it shall be submitted to the trial judge who shall approve the entry in the form he considers proper.

CRITICAL

Opposing counsel must approve or reject the journal entry within five days.

Opposing counsel shall approve or reject the entry within five (5) days.

CRITICAL

Counsel for the prevailing party must prepare a judgment entry within five days of the court's order.

Counsel for the prevailing party shall prepare a judgment entry within five (5) days of an order of the court

CRITICAL

The journal entry must be submitted to opposing counsel within five days of the decision.

That entry shall be submitted to opposing counsel within five (5) days of the decision.

CRITICAL

Counsel of record or the parties, as appropriate, must tell the court at least 10 working days before trial whether a jury will be required.

The cou nsel of record or the parties, whichever is appropriate , at least ten ( 1 0) working d ays before the sched uled trial d ate shall advise the cou rt that a jury either will or will not be req uired .

CRITICAL

Proposed written jury instructions are due no later than seven days before trial.

Proposed written instructio ns shall be subm itted not later than seven (7) days before trial.

CRITICAL

A settlement may avoid trial without an entry initially, 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

Requested jury instructions and supporting authority must be provided at least ten days before trial.

Each counsel shall provide in writing the text of, and citations of authority for, any instructions requested at least ten (10) days before the date of the jury trial.

CRITICAL

After a file is marked “settlement to come,” the entry must be received within thirty days; otherwise, the clerk will notify the party of dismissal unless the entry is received within ten more days.

When a file has been marked "settlement to come " and the entry has not been received within thirty (30) days, then the Clerk shall notify the party that his/her case will be dismissed unless the entry is received within ten (10) days.

CRITICAL

The prosecutor and defense must submit jury instructions by the pretrial; for pretrials scheduled before the rule's effective date, they are due at least seven days before trial.

Jury instructions for the offense charged and any defense are due from the Prosecutor and the defense attorneys, respec­ tively, no later than at the time of the pre-trial. For those cases where the pretrial has already been scheduled, before the effective date of this Rule, the aforesaid jury instructions are due no later than seven (7) days before the scheduled trial date.

CRITICAL

Motions requiring an oral hearing must be set within 15 days after filing, and each party must secure the attendance of necessary witnesses.

All motions requiring oral hearing shall be set within fifteen (15) days of the date such filing is made and it shall be the responsibility of each party to secure the attendance of all witnesses necessary to establish their position.

CRITICAL

If a case has had no action for six months and is not set for trial, the party must show good cause within the one-week dismissal period to avoid dismissal.

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 within one (1) week unless good cause is shown.

CRITICAL

The journal entry must be submitted to the judge within 15 days of the decision; otherwise, the court will prepare it.

Within fifteen (15) days of the decision, the journal entry shall be submitted to the Judge or thereafter, the Court will prepare the journal entry.

CRITICAL

All written statements must be filed no later than the pretrial hearing.

All written statements shall be filed at or before the pretrial hearing.

CRITICAL

After the clerk's notice following perfected service, counsel must submit an entry within fifteen days to avoid possible dismissal.

Upon perfection of service, the Clerk shall notify counsel of said default and that a failure to submit an entry within fifteen (15) days may result in the case being dismissed.

CRITICAL

Counsel seeking payment for services in criminal cases must submit their statements within 30 days after the case ends or their fee applications will not be approved.

Counsel who wish to be paid for their services in criminal cases involving defendants will submit their statements to the Court within thirty (30) days from the date of the termination of said case. Otherwise, applications for fees will not be approved by the Court.

CRITICAL

A witness-subpoena return must be filed with the Clerk before trial.

The Return for subpoenas of witnesses shall be filed with the Clerk before the date of trial.

CRITICAL

After the Clerk’s dismissal notice for failure to obtain service, good cause must be shown within ten days to avoid dismissal.

If counsel fails to obtain service of a summons within six (6) months from the date the cause of action has been filed, then the Clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

CRITICAL

After service is perfected, counsel should submit a motion for default judgment with an entry within 15 days to avoid possible dismissal.

Upon perfection of service, the Clerk shall notify counsel of the Default and that a failure to submit a Motion for Default Judgment with an Entry within fifteen (15) days may result in the case being dismissed.

CRITICAL

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.

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

After the clerk gives notice that a case has defaulted, prevailing counsel must submit an application for default judgment within 15 days or the case will be dismissed for want of prosecution.

Upon notification from the Clerk that the case has defaulted, prevailing counsel shall submit an application of default judgment within fifteen (15) days or the case will be dismissed for want of prosecution.

CRITICAL

A jury demand must be filed by the later of ten days before trial or the third day after receipt of notice of the trial date.

Demand for a jury must be filed at least ten (10) days prior to trial date, or on or before the third day following receipt of notice of the date set for trial, whichever is later.

CRITICAL

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

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

WARNING

Proceeding recordings must comply with Criminal Rule 22, and any request required by that rule must be made before trial begins.

Any and all recording of proceedings shall be done only in accordance with Criminal Rule 22 and where a request is required by said rule. Such request must be made prior to the commencement of trial.

WARNING

The court must receive written notice of a stenographic-recording request at least 15 days before the hearing.

Either party to the cause of action may request the court proceeding be recorded by stenographic means if the court has received written notice of the request at least fifteen (15) days prior to the hearing.

WARNING

If a case not set for trial has had no activity for six months, the Clerk will notify the party that it will be dismissed within two weeks 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, the Clerk shall notify the party that the matter will be dismissed within two (2) weeks unless good cause is shown.

WARNING

A settlement entry is due within 30 days after the file is marked “settlement entry to come.”

When a file has been marked "settlement entry to come" and the Entry has not been received within thirty (30) days,

WARNING

After the Clerk’s notice, the settlement entry must be received within ten days to avoid dismissal.

the Clerk shall notify the party that his case will be dismissed unless the entry is received within ten (10) days.