New Philadelphia Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

A rejected submission does not become part of the official court record.

If the Clerk rejects a submitted document, the document will not become part of the official court record.

CRITICAL

If the Court finds that a system failure prevented e-filing, it will deem the document filed as of the attempted submission date.

5. Order to Deem Filed as of Date Electronically Submitted. If the Court determines from the motion that a system failure prevented a filer from e-filing a document, the Court will enter an order deeming the document filed as of the date of the attempted electronic submission.

CRITICAL

A Clerk’s rejection does not change the filing deadline.

The Clerk’s rejection of a document does not alter the filing deadline for that document.

CRITICAL

A fax filing’s effective filing date and time is when the Clerk accepts it for filing.

6. An “effective date and time of filing” means the date and time that a facsimile document is accepted by the Clerk of Court for filing.

CRITICAL

The effective filing date and time are the date and time the e-filing is accepted.

The electronic timestamp, and the effective date and time of filing, will correspond to the date and time the e-filing was accepted to the E-Filing system.

CRITICAL

An accepted fax filing is considered filed when the Clerk time-stamps it as received, not when it 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 Court 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

Filers who are unable to electronically submit their filings due to a system outage, and who then submit their filings no later than the next business day after an official acknowledgement of the system outage, may file a properly supported motion for an order permitting the document to be deemed filed as of the date it would have ordinarily been accepted by the Clerk.

Filers who are unable to electronically submit their filings due to a system outage, and who then submit their filings no later than the next business day after an official acknowledgement of the system outage, may file a properly supported motion for an order permitting the document to be deemed filed as of the date it would have ordinarily been accepted by the Clerk.

WARNING

The Clerk reviews e-filing submissions during normal business hours and accepts or rejects them.

The Clerk will perform a review of the submission during normal business hours and will either accept or reject the submission.

WARNING

The Clerk must notify the Court and the public of an e-filing system malfunction that causes a delay of more than one hour.

The Clerk must notify the Court and the public of any malfunction with the e-filing system causing a delay of more than one hour.

WARNING

For an unexpected outage, the Clerk must post an official outage message on the Clerk’s website and e-filing portal identifying the affected time frame.

If the system outage is unexpected, the Clerk must post a message on the Clerk’s website and on the e-filing portal. This message is an official acknowledgement of a system outage that may have prevented some filers from submitting their filings within a certain time frame as identified in the message.

WARNING

Fax documents received outside normal Clerk business hours are queued in receipt order based on the receiving machine’s imprinted date and time, and time-stamped accordingly.

Documents received outside of normal business hours of the Clerk of Court will be queued in the order of their receipt as documented by the date and time imprinted by the receiving facsimile machine and time-stamped accordingly.

WARNING

An accepted filing is one received and reviewed by the Clerk as compliant; acceptance occurs during business hours and the document is file-stamped.

Accepted filing. A document which the Clerk has received, reviewed, and deemed in compliance with Court rules, policies, procedures, and practices. This will occur during business hours, and the document will be file-stamped by the Clerk.

WARNING

If a fax filing lacks required cover-page information, the Clerk may file it or place it in the failed-fax file, in which case it is not considered filed.

3. If a document is sent by fax to the Clerk without the cover page information listed above, the Clerk may, at its 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, and the document shall not be considered filed with the Clerk of Court.

WARNING

Deadline

1 business days

For paper filings by self-represented filers, the Clerk must accept, docket, and scan the document by the end of the next business day or as soon as practicable, and retain the original.

The Clerk must accept the paper document for filing, docket the document, and scan the document before the end of the next business day or as soon as practicable, and retain the original for placement in the case file.

WARNING

For a planned or anticipated outage, the Clerk must post an alert on the Court’s website and e-filing portal; the message officially acknowledges the outage and identifies the affected time frame.

If the system outage is planned or anticipated ahead of time, the Clerk must post a message on the Court’s website and on the e-filing portal alerting filers of a possible system outage. This message is an official acknowledgment of a system outage that may have prevented some filers from submitting their filing within a certain time frame, as identified in the message.

INFO

Documents may be submitted to the Clerk for e-filing at any time, including outside business hours.

Documents may be submitted to the Clerk for e-filing twenty four hours a day, seven days a week.

INFO

The fax machine is available to receive documents 24 hours a day, seven days a week, including holidays.

However, the fax machine will be available to receive facsimile transmission of documents 24 hours per day, seven days a week, including holidays.

INFO

The e-filing system issues a receipt confirmation when it receives a submitted document.

Upon receipt of document submitted for e-fling, the e-filing system will issue a confirmation that the submission has been received.

INFO

For receiving faxed documents, the Clerk’s office is considered open on the court’s regular business days and hours.

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

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

The scheduled set-out must occur within fifteen business days after the Clerk’s office issues the Writ.

3. Writs must be executed upon (the scheduled set-out must occur) within fifteen (15) business days of issuance by the Clerk’s office.

CRITICAL

Pretrial motions, including motions in limine, must be filed at least 14 days before the final pretrial.

Pretrial motions, including motions in limine, shall be filed at least fourteen (14 days) before the final pretrial.

CRITICAL

Failure to comply with the venue-transfer cost and deposit requirements within fourteen days after entry of the venue-change order may be grounds for dismissal.

Failure to comply with this rule within fourteen (14) days from the date of entry as to change of venue may form the basis for dismissal of the action.

CRITICAL

When a judgment is more than thirty but less than sixty days old, the plaintiff must file a motion for leave to apply for a Writ and serve it on the defendants.

2. Where the judgment is more than thirty (30) days old, but less than sixty (60) days old, plaintiff must file a Motion for Leave to Apply for a Writ and serve a copy of the motion on the defendant(s).

CRITICAL

A civil jury demand must be filed within the time frame set by the applicable Ohio Rule of Civil Procedure, including Rule 38.

Any party desiring a jury trial in a civil case must demand the same in accordance with Rule 38 of the Ohio Rules of Civil Procedure. The jury demand must be in writing by separate instrument. The jury demand must be filed in compliance with the time frame set forth in the applicable Rule.

CRITICAL

A jury demand must be filed within the time frame set by the applicable rule.

The jury demand must be filed in compliance with the time frame set forth in the applicable Rule.

CRITICAL

A paper ticket filed after the arraignment date will be returned.

If a paper ticket is filed after the arraignment date, the ticket will be returned.

CRITICAL

The Civil Jury Cost must be paid 10 days before trial.

The party demanding the jury in a civil case shall pay the Civil Jury Cost ten (10) days prior to the trial.

CRITICAL

The completed questionnaire is due within 10 days of receipt.

You must complete this questionnaire and return it to the Court, at the above address, within ten (10) days of receipt.

CRITICAL

Completed transcriptions must be filed with the Court immediately.

All transcriptions must be filed with the Court immediately upon completion.

CRITICAL

A party whose technical problems cause it to miss a non-jurisdictional deadline may move to file instanter by the next business day after the problems are resolved.

6. Missed Deadline as the Result of e-filers Technical Failure. A party who misses a non- jurisdictional deadline because of technical problems with the filer's equipment, software, or internet access, may move the Court to file a document instanter no later than the next business day following the resolution of the party's technical problems.

CRITICAL

Technical failures cannot extend jurisdictional deadlines, including statutes of limitations and appeal deadlines.

iii. Technical failures, whether the fault of the Court’s e-filing system or otherwise, cannot extend jurisdictional deadlines (such as statutes of limitations or deadlines for appeal).

CRITICAL

Failure to deposit sufficient costs within fourteen days after receipt of the file may result in its return to the transferor court.

Failure to comply with this rule within fourteen (14) days from receipt of the file from the transferor court may form the basis for returning the file to the transferor court.

CRITICAL

Motions and responses must be filed within the time guidelines in the Ohio Rules of Civil Procedure.

Motions and responses must be filed within the time guidelines set forth in the Ohio Rules of Civil Procedure.

CRITICAL

Written objections to the jury-selection procedure must be filed before the final pretrial.

Written objections to this procedure shall be filed with the Court prior to the final pretrial.

CRITICAL

Requests must be made as far in advance as reasonably practical and no later than 30 minutes before the courtroom session, unless the trial Judge permits otherwise.

Requests for permission to broadcast, record, photograph or televise in the courtroom shall be made in writing to the Judge or Magistrate to whom the case is assigned as far in advance as reasonably practical by a motion form available at the Court, but no later than one-half (1/2) hour prior to the courtroom session unless otherwise permitted by the trial Judge.

CRITICAL

The certification and security-cost requirements must be completed within thirty days after filing the counterclaim, crossclaim, or third-party complaint, or the action may be dismissed under Civil Rule 41(B).

Failure to comply within thirty (30) days of the filing of such counterclaim, crossclaim or third-party complaint shall be grounds for dismissal under Civil Rule 41(B).

CRITICAL

The signed jury service questionnaire must be returned to the Court within 10 days of receipt.

ALL QUESTIONS MUST BE ANSWERED. SIGN AND RETURN TO THE COURT WITHIN TEN (10) DAYS OF RECEIPT.

CRITICAL

Jury instructions are due no later than the day of the scheduled Final Pretrial.

Each party shall file a complete set of instructions suitable for charging the jury in the captioned matter no later than the day of the scheduled Final Pretrial.

CRITICAL

An E-ticket must be filed by the arraignment date and time or the case will be dismissed.

If the E-ticket is not filed by the arraignment date and time, the case will be dismissed.

CRITICAL

When ordered by the Court, the Journal Entry must be submitted within 14 days of the order.

However, when ordered by the Court, counsel for the party in whose favor an entry, order, judgment, or decree is entered, shall prepare a proper Journal Entry and submit it to the Court within fourteen (14) days of the order.

CRITICAL

Proposed jury instructions must be filed at least 7 days before the final pretrial.

Proposed jury instructions shall be filed at least seven (7 days) before the final pretrial.

CRITICAL

A motion to withdraw must be filed at least seven days before the next scheduled hearing.

Said motion shall be filed at least seven (7) days prior to the next scheduled hearing.

CRITICAL

The response period for a properly filed revised document begins on the date the revised document is filed.

The time for filing a response to a revised document properly filed under this ruled begins to run from the date the revised document is filed.

CRITICAL

A Writ must be applied for within thirty days after judgment unless the judgment orders otherwise.

1. Within thirty (30) days of the date of the judgment unless the judgment orders otherwise.

CRITICAL

The Clerk must receive exhibits at least three business days before the hearing.

1. Exhibits shall be pre-marked and RECEIVED BY the Clerk and served by the proponent on opposing party/counsel at least three business days prior to the hearing.

WARNING

Upon notice to the plaintiff, failure to file a motion for default results in dismissal of the complaint for want of prosecution.

Upon notice to the plaintiff, failure to file a motion for default shall result in dismissal of the complaint for want of prosecution.

WARNING

For offenses not listed in section E, a defendant may enter a written not guilty plea before the scheduled arraignment if counsel sends it.

A defendant may enter a written plea of not guilty prior to defendant’s scheduled arraignment provided that the written not guilty plea is sent by counsel for offenses other than those listed in section (E) of this rule.

WARNING

An e-filer may revise an electronically filed document if no party has responded, subject to the stated timing for the original filing or a party’s response.

An e-filer who wishes to make corrections or additions to an electronically filed document may file a revised document if no response has been made to the original filing by any party. b. The revised document must be filed within the time permitted for the filing of the original or a party files a response to the original filing.

WARNING

The Court establishes discovery and dispositive-motion deadlines at the scheduling pretrial.

Discovery and dispositive motion deadlines will be established by the Court at the scheduling pretrial.