Napoleon Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

The jury demand, accompanied by the required deposit or an authorized affidavit in lieu, must be made at least 14 days before the hearing.

Such demand, accompanied by the proper deposit, affidavit in lieu thereof, as herein provided, shall be made at least fourteen (14) days before the date of the hearing of said case.

CRITICAL

After a complaint is filed and the required costs security is deposited, the clerk must issue the summons or other required notice forthwith, and the action is then deemed commenced.

Upon the filing of a Complaint and deposit with the clerk of proper security for costs as hereinafter provided (see Rule 20), the clerk shall forthwith issue the summons or other notice required and thereupon the action shall be deemed to be commenced.

CRITICAL

Accepted fax filings are deemed filed at the date and time received by the Clerk, whose office accepts fax transmissions 24 hours a day, seven days a week, including holidays.

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 Court as of the date and time the fax transmission was received by the Clerk of Court. The office of the Clerk of Court will be deemed open to receive facsimile transmission of documents on the basis of 24 hours per day seven days per week including holidays. Each page of any document received by the Clerk will be automatically imprinted with the date and time of receipt. The date and time imprinted on the documents will determine the time of filing, Provided the document is deemed accepted by the Clerk.

WARNING

The clerk must docket each complaint as soon after filing as possible.

Each Complaint will be docketed by the Clerk as required by law as soon after such filing as possible.

CRITICAL

The answer date is 28 days after service in forcible entry and detainer actions, excluding the service date, and 10 days in forcible entry-only actions.

Answer in forcible entry and detainer shall be twenty-eight (28) days from date of service, excluding date of service, and ten (10) days in forcible entry only.

CRITICAL

When computing time under a court rule, exclude the first day and include the last, except that a final day when the Court is closed is excluded and the next day the Court is open is counted.

The time within which an act is required to be done under any rule of this Court shall be computed by excluding the first day and including the last; but when the last day falls on Sunday, a legal holiday or other day on which t he Court shall be closed. such a day shall be excluded and the next day which is not Sunday. a legal holiday or other day on which Court is closed shall be counted.

CRITICAL

Deadline

5 court days

Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the faxed document is filed; failure may result in the document or exhibit being stricken.

Unless the court otherwise orders, the missmg 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. failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.

CRITICAL

A party must make a written jury demand at least 14 days before trial; the Court may also order a jury trial on its own motion.

All civil cases shall be tried to the Court, unles s either party shall in writing not less than fourteen (14) days prior to the trial day demand a trial by jury, or unless the Court in the interest of justi ce on its own motion orders a trial by jury .

CRITICAL

In an action for money only, the answer is due 28 days after service, excluding the date of service.

Answer date in action for money only shall be twenty-eight (28) days after service, excluding date of service.

WARNING

Motions other than motions for new trial may be assigned for hearing and decided after three days from filing.

All motions except motions for new trial, may be assigned for hearing and passed on at any time after three (3) days from the date of filing same.

WARNING

In a replevin action, the answer date will be set approximately 10 days after service.

In a replevin action, answer date will be set approximately ten (10) days from date of service.

WARNING

A case on the docket for six months without a request for default judgment or trial may be dismissed without notice at the Court’s discretion.

Any case on the docket for six (6) months without request for default judgment or trial may, at the discretion of the Court, be dismissed without notice.

WARNING

For computing time, the 90 days following judgment are considered within term; time thereafter is considered after term.

There shall be no term of court. but in accordance with Section 1901.29. Ohio Revised Code. for the purpose of computing time. ninety (90) days following judgment shall be considered within term and time thereafter shall be considered after term.