Court Rules

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

118 rules from official source documents

Rules 51 to 100, page 2 of 3

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Filing deadlines

CRITICAL

Clerks must report disposition information to BCI weekly for the specified cases.

Once a case is disposed, clerks of court are required to report disposition information to BCI weekly for cases involving felonies, certain misdemeanors specified in R.C. 109.572, and offenses of violence committed by a juvenile.

CRITICAL

The Juvenile Clerk must docket the traffic entry and report it to the BMV immediately, and no later than 10 days as prescribed by law.

The Juvenile Clerk will docket the traffic entry into the court’s case management system and report to the BMV immediately. (The reporting of court actions to the BMV shall be done no later than 10 days as prescribed by law.)

CRITICALCivil cases

The parties must submit a formal Entry signed by them within 15 days after the Memorandum of Agreement for the Judge and Magistrate to sign.

A formal Entry shall be submitted and signed by the parties within fifteen (15) days after the Memorandum of Agreement for the Judge and Magistrate to sign.

CRITICALCivil cases

The completed attached form must be filed at the same time as the abuse, neglect, or dependency complaint.

IT IS THERFORE ORDERED, ADJUDGED, AND DECREED that any person or agency who files a complaint pursuant to R.C. 2151.27 alleging a child or children to be abused, neglected, or dependent, shall contemporaneously file a completed copy of the form attached hereto and incorporated herein to inform the Clerk of the Juvenile Court regarding the identity of the child, the parents, guardian, custodian, and any other persons who appear to be proper or necessary parties to the case for the purpose of facilitating the proper service of the summons and complaint.

CRITICAL

Deadline
24 hours

A recording request must be made as far in advance as reasonably possible and no later than 24 hours before the session, but the judge may waive that notice for good cause.

All requests for authorization to record proceedings shall be made: (a) to the assigned Common Pleas Judge in writing; (b) on the appropriate form available through the Court Administrator of the Common Pleas Court; and (c) as far in advance as is reasonably possible, but in no event later than 24 hours prior to the courtroom session to be recorded. Upon a showing of good cause, the Judge may waive the advance notice provision.

CRITICAL

Deadline
3 business days

Subpoena requests must be filed at least three business days before the witness’s appearance, absent good cause.

Except for good cause shown, the Clerk shall not be required to issue subpoenas, nor shall the Sheriff be required to serve the same, unless requests are filed with the Clerk at least three (3) business days prior to the time when the witness is to appear.

CRITICAL

The required lien-release documents must be submitted to the Clerk of Courts within seven days after filing of the entry confirming the sale.

Within seven (7) days after the filing of the entry confirming the sale, the party on whose request the sale was ordered shall cause to be prepared and submitted to the Clerk of Courts all release of lien documents which are required to be filed or recorded at various offices for the purpose of removing all liens and encumbrances relating to the real estate foreclosed upon.

CRITICAL

Unless the Court directs otherwise, counsel for the prevailing party must prepare the journal entry within five days after the decision and submit it to opposing counsel, who must approve or reject it within five days after receipt.

Unless the Court otherwise directs, counsel for the party in whose favor an order, decision, decree, or judgment is rendered, shall, within five (5) days after the rendering of such, prepare the proper journal entry of judgment, and submit it to counsel(s) for the adverse party(s), who shall approve or reject the same within five (5) days after the receipt thereof.

CRITICAL

Proposed findings must be submitted within 14 days after the request is filed.

Counsel(s) and Attorneys shall, within 14 days after the filing of the request, submit their proposed findings.

CRITICAL

For the specified criminal discovery motions, a hearing must be requested within 10 days after filing or the motion is granted without a hearing.

In all criminal cases where Rule 16 of the Ohio Rules of Criminal Procedure is utilized with regard to discovery requested by the Defendant and with regard to reciprocal discovery requested by the State, all Motions requesting a Court Order to comply with the demands for discovery shall be granted without hearing, unless a hearing is requested by either party within ten (10) days after the filing of a Motion for Discovery or a Motion for Reciprocal Discovery.

CRITICAL

The Journal Entry and Judgment must be filed within 30 days after the verdict, decree, order, or decision is rendered.

Within 30 days after a verdict, decree, order or decision is rendered; the Journal Entry and Judgment shall be filed.

CRITICAL

The continuation report or opinion is due within 45 days after service is completed on all parties.

Within 45 days of completion of service upon all parties, counsel for the Plaintiff shall file a continuation of the previously filed Preliminary Judicial Report or attorney's opinion, stating that the report or opinion has been extended to the lis pendens date (R.C. §2703.26) and that no third party has acquired an interest since the date of the original report or opinion.

CRITICAL

Submit video-deposition materials by the final pretrial or no later than seven days before trial, whichever comes first.

22.00 If testimony is to be presented by video deposition, the video tape and a written transcript with page and line (as opposed to time) index to objections shall be submitted to the Court for ruling on objections at the time of the final pretrial, but not later than seven (7) days prior to trial, whichever is earlier.

CRITICALCivil cases

The supplemental form must be filed within 7 days after learning of the interested party, in time for the Clerk to provide timely hearing notice.

This shall be done within 7 days of learning of the interested party and in a manner that enables the Clerk to send timely notice to the interested party regarding any scheduled hearing.

CRITICAL

An opposing party must respond within 14 days after service unless a different time is specified; after the response period expires, the matter is deemed submitted, and failure to file a Memorandum Contra waives the response and consents to submission for decision.

Within 14 days after service of such Motion, unless a greater or lesser time is specified, each party opposing the Motion shall respond. Upon expiration of the time for filing Memoranda Contra, the matter shall be deemed submitted. Failure to file a Memorandum Contra within the time required is a waiver and consent to submit the issue or case to the Court forthwith for decision.

CRITICALCivil cases

The physician’s statement about the child’s medical condition must be supplied to the Court before the placement hearing.

Prior to the placement hearing, the Court shall be supplied with a statement from the child’s physician as to the medical condition of the child to be placed.

CRITICAL

If the entry is not returned within five days, it must be tendered to the Court.

If an entry is not returned to the preparing counsel within five (5) days, it shall be tendered to the Court with the notation “submitted” regarding other counsel(s).

CRITICALCivil cases

After disposition, clerks must report qualifying case disposition information to BCI weekly.

Once a case is disposed, clerks of court are required to report disposition information to BCI weekly for cases involving felonies, certain misdemeanors specified in R.C. 109.572, and offenses of violence committed by a juvenile. [R.C. 109.57(A)(2)]

CRITICAL

The mediator must file a report within seven days after mediation ends, stating whether agreement was reached and, if so, its content and details.

Pursuant to Ohio Revised Code Section 3109.052(B) a mediation report, indicating whether or not an agreement had been reached on any of the issues that were subject of the mediation, shall be filed with the Court by the mediator within seven (7) days after mediation is completed or terminated. The report shall contain the content and details the agreement if an agreement had been reached.

CRITICALCivil cases

If no response is filed within 14 days after an affidavit is filed, the requesting party must file a Notice to the Clerk, and the court will enter an order based on the affidavits.

If fourteen days have elapsed from the filing of an affidavit and no response has been filed, the party requesting the temporary order shall file a Notice to the Clerk, and the court shall enter an order based upon the affidavits filed.

CRITICALCivil cases

The certificate must be filed no later than two months after the fiduciary’s appointment or, if no fiduciary has been appointed, two months after the Will’s admission to probate.

The applicant for the admission of a Will to probate or other person listed in Section 2107.19 (A)(4) of the Ohio Revised Code shall file a Certificate of Service of Notice of Probate Of Will (Standard Probate Form 2.4) not later than two months after the appointment of the fiduciary or, if no fiduciary has been appointed, not later than two months after the admission of the Will to probate.

CRITICALCivil cases

If placement is approved, the adoption petition must be filed before the Court issues a Hospital Release.

If the placement is approved, the adoption petition must be filed before the Court will issue a Hospital Release for the release of the child to the petitioners or the attorney for the petitioners.

CRITICALCivil cases

Each party must file the required income-and-expenses affidavit upon filing of a motion to modify child or spousal support.

Upon a filing of a motion requesting modification of child or spousal support, each party shall file an affidavit setting forth their current income and itemized expenses.

CRITICALCivil cases

For guardianships and trusts, the first account is due no later than one year after the fiduciary's appointment.

For guardianships and trusts, the first account shall be filed not later than one (1) year following the date of the appointment of the fiduciary.

CRITICAL

The Probate Judge must transmit the form to BCI within 7 days after the adjudication or civil commitment and mail it to the specified address.

The Probate Judge who made the adjudication must transmit the form to BCI not later than 7 days after the adjudication or civil commitment. [R.C. 5122.311] and mailed to the Ohio Bureau of Criminal Investigation, P.O. Box 365, London, OH 43140.

CRITICALCivil cases

In a divorce or legal separation case, an answer, motion, or stipulation for leave to plead must be filed within 28 days after service is completed to avoid the case being deemed uncontested.

Failure to Answer. A divorce or legal separation case shall be deemed to be uncontested unless an answer, motion or stipulation for leave to plead, is filed within twenty-eight (28) days after completion of service.

CRITICAL

After notice of failed certified-mail service is deposited in the mail, further instructions to the Clerk must be filed within 30 days or the case may be dismissed without further notice.

If an attorney or other person attempting to obtain service is notified of failure of service by certified mail and fails to file further instructions for the Clerk to obtain service within 30 days after notice has been deposited in the U.S. mails, the case may be dismissed for want of prosecution, without further notice.

CRITICALCivil cases

The completed summons-information form must be filed contemporaneously with the abuse, neglect, or dependency complaint.

IT IS THERFORE ORDERED, ADJUDGED, AND DECREED that any person or agency that files a complaint pursuant to R.C. 2152.27 alleging a child or children to be abused, neglected, or dependent, shall contemporaneously file a completed copy of the form attached hereto and incorporated herein to inform the Clerk of the Juvenile Court regarding the identity of necessary or proper parties to the case and to facilitate the proper service of the summons and complaint.

CRITICAL

The required lien-release documents must be submitted to the Clerk of Courts within seven days after filing of the entry confirming the sale.

Within seven(7) days after the filing of the entry confirming the sale, the party on whose request the sale was ordered shall cause to be prepared and submitted to the Clerk of Courts all release of lien documents which are required to be filed or recorded at various offices for the purpose of removing all liens and encumbrances relating to the real estate foreclosed upon.

CRITICAL

An investigation must be completed before the hearing in every expungement proceeding.

In all expungement proceedings, an investigation must be completed prior to the hearing.

CRITICAL

Deadline
5 business days

Counsel must raise any questions or concerns directly with the Court within five business days after receiving the proposed entry.

Within five (5) business days of receipt of the proposed entry, counsel shall communicate any questions or issues of concern to the court directly.

CRITICALCivil cases

Applicants who reside in Morrow County must file the preplacement application at least 15 days before placement.

not less than fifteen (15) days prior to placement, if applicants are residents of Morrow County, Ohio

CRITICALCivil cases

Applicants who do not reside in Morrow County must file the preplacement application at least 30 days before placement.

not less than thirty (30) days prior to placement, if applicants are not residents of Morrow County, Ohio.

CRITICALCivil cases

Counsel or a party has 14 days to file written objections to the Magistrate’s Decision.

Counsel and/or a party have fourteen (14) days in which to file written objections to the Magistrate’s Decision.

CRITICALCivil cases

The Juvenile Clerk must report the traffic entry to the BMV immediately, and reporting may not be later than 10 days as prescribed by law.

The Juvenile Clerk will docket the traffic entry into the court’s case management system and report to the BMV immediately. (The reporting of court actions to the BMV shall be done no later than 10 days as prescribed by law.)

CRITICAL

A judge must decide the petition within sixty days after receiving all requested information, subject to a requested and granted extension.

Once all information requested has been received, a Judge shall decide whether to Grant (Form H) or Deny (Form I) the Petition within sixty days, unless Petitioner requests and is granted an extension of time.

CRITICAL

Court actions must be reported to the BMV within 7 days.

Reporting of court actions to the BMV shall be done within 7 days as prescribed by law.

CRITICAL

Applies to
Investigative report

After notification, the Adult Parole Authority investigator must complete an investigative report and deliver it to the Court within six weeks of filing.

Further, upon notification, the Adult Parole Authority investigator shall initiate and complete an investigative report which shall be delivered to the Court within six weeks from the date of filing.

CRITICAL

The application for leave must be made before the rule date expires, and any later leave after the first 30 days must be filed before the prior leave expires; failure to comply risks default judgment.

23.00 A party who desires to move, pleads, or otherwise answers a complaint on a pleading after the rule date shall apply to the Court for leave to file such before the rule date expires. Up to 30 days may be granted without approval of opposing counsel. All other leaves to plead after the first 30 days must have the written approval of opposing counsel and be filed before the expiration date of the former leave to plead. Failure to comply with this Rule will be at the risk of default judgment being granted pursuant to Rule 55 of the Ohio Rules of Civil Procedure.

CRITICALCivil cases

Unless an exception or contrary direction applies, prevailing-party counsel must prepare and submit the journal entry within five days, and adverse counsel must approve or reject it within three days of receipt.

Unless subject to the Uniform Judgment Entry and Magistrate Report forms promulgated by the Supreme Court, or unless the Trial Judge or Magistrate otherwise directs, counsel for the party in whose favor an order, decree, or judgment is rendered, shall within five (5) days thereafter prepare the proper journal entry, and submit it to the counsel for the adverse party, who shall approve or reject the same within three (3) days after the receipt thererof.

CRITICALCivil cases

The Probate Judge must transmit the form to BCI within seven days after the adjudication or civil commitment and mail it to the stated address.

The Probate Judge who made the adjudication must transmit the form to BCI not later than 7 days after the adjudication or civil commitment. [R.C. 5122.311] and mailed to the Ohio Bureau of Criminal Investigation, P.O. Box 365, London, OH 43140.

CRITICAL

The Court Constable must report compliances to the BMV within 48 hours after receiving the journal entry.

1. Compliances shall be reported by the Court Constable to the BMV within 48 hours of receipt of the journal entry.

CRITICAL

Deadline
5 business days

After the specified hearings, the Prosecutor’s Office must prepare a proposed journal entry within five business days.

After all sentencing, intervention in lieu, revocation and judicial release hearings, a copy of a proposed journal entry shall be prepared by the Prosecutor’s Office within five (5) business days of the hearing

CRITICAL

File the transcript request with the Deputy Clerk within three days after filing objections and deliver a copy to the Transcriber’s Office.

Within three (3) days after the filing of objections, the request for the transcript of the record shall be filed with the Deputy Clerk, with a copy to be delivered to the Transcriber’s Office.

CRITICAL

The Preliminary Judicial Report must be filed simultaneously with the complaint.

Unless the Court should direct otherwise, in actions to quiet title, partition and for the marshaling and foreclosure of liens on real property, except those involving registered lands, the Plaintiff shall procure and file with the Clerk of Courts simultaneously with the filing of the complaint, evidence of the record title (Preliminary Judicial Report) covering a period of at least 42 years immediately preceding the date of filing such complaint.

CRITICALCivil cases

For guardianships and trusts, subsequent accounts must be filed every two years unless the Court orders otherwise.

All subsequent accounts shall be filed on a two (2) year basis, unless otherwise ordered by the Court.

CRITICALCivil cases

The proposed child support worksheet must be filed with the divorce complaint.

Each party shall file a proposed child support worksheet with the complaint for divorce.

CRITICAL

Applies to
Warrant to convey motion

A warrant-to-convey motion must be filed at least ten days before the proceeding unless the Court allows a shorter period.

This motion must be filed in not less than ten (10) days prior to the scheduled court proceeding, unless the Court allows lesser time.

CRITICALCivil cases

The listed child support materials must be filed at the same time as the specified pleadings, requests, or post-decree motions.

Proposed child support worksheets, along with affidavits, memoranda or documents in support or opposition to child support motions, shall be filed by each party at the time of filing a Divorce, Legal Separation, Answer or Counterclaim, Requests for Temporary Orders or any Post-Decree Motions involving the issue of child support.

CRITICALCivil cases

If counsel is unable to agree upon the entry, each counsel shall prepare his/her version. Counsel who prepared the initial entry shall forthwith notify the other counsel of when he intends to submit the entry to the Judge or Magistrate, which entry shall be submitted within fourteen (14) days after the Decision is rendered. The Judge shall direct which entry shall be filed.

If counsel is unable to agree upon the entry, each counsel shall prepare his/her version. Counsel who prepared the initial entry shall forthwith notify the other counsel of when he intends to submit the entry to the Judge or Magistrate, which entry shall be submitted within fourteen (14) days after the Decision is rendered. The Judge shall direct which entry shall be filed.