Niles Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

A motion’s effective filing date is the date it is received and uploaded as shown by the date stamp, subject to the Clerk’s regular business days and hours for receiving electronic transmissions.

“Effective Date of Filing a Motion” – means the date the electronic filing was received and uploaded to the Court as noted on the date stamp on the submitted document. However, the office of the clerk of courts will be deemed open to receive electronic transmission of documents only on the same days and at the same time the court is regularly open for business.

CRITICAL

A new complaint’s effective filing date is the date it is received and uploaded as shown by the date stamp, subject to the Clerk’s regular business days and hours for receiving electronic transmissions.

“Effective Date of Filing of a New Complaint” – means the date the electronic filing was received and uploaded to the Court as noted on the date stamp on the submitted document. However, the office of the clerk of courts will be deemed open to receive electronic transmission of documents only on the same days and at the same time the court is regularly open for business.

WARNING

A filing party whose filing is untimely because of a technical failure of the Court’s system or website 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 may seek appropriate relief from the Court.

WARNING

The Clerk of Court may deem the website to have a technical failure if it cannot accept filings, continuously or intermittently, for a period greater than one hour after 10:00 a.m. that day.

The Clerk of 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. on that day.

CRITICAL

The journal entry must be submitted to the judge within fifteen days of the decision; afterward, 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

After notice of default 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 the default and that a failure to submit an entry within fifteen (15) days may result in the case being dismissed.

CRITICAL

Prevailing counsel must submit an application for default judgment within fifteen days after notice of default 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 for default judgment within fifteen (15) days or the case will be dismissed for want of prosecution.

CRITICAL

An attorney challenging the authenticity of an electronically filed document or its signature must file an objection within ten days after receiving the notice of electronic filing.

Any attorney challenging the authenticity of an electronically filed document or signature on that document must file an objection to that document within ten (10) days of receiving the notice of electronic filing.

CRITICAL

Counsel must obtain service within six months of filing; after notice, the case may be dismissed in ten days unless good cause is shown.

If counsel fails to obtain service of summons within (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 then (10) days unless good cause if shown to the contrary.

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

If a promised settlement entry is not received within thirty days, the party has ten days after notice to submit it before dismissal.

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

CRITICAL

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

All motions must be filed within the time limits established the Ohio Rules of Criminal Procedure.

CRITICAL

After service is perfected, counsel must submit an entry within fifteen days to avoid possible dismissal of the case.

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

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

A settlement may avoid trial without an immediate entry, but the entry must be filed within thirty 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.

WARNING

If an entry is not received within thirty days after a file is marked “settlement to come,” the clerk will notify the party that the case will be dismissed unless the entry is received within ten 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 case will be dismissed unless the entry is received within then (10) days.

WARNING

If no action is taken on a file for six months and the case is not set for trial, the clerk will notify the party that the matter will be dismissed within one week 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, then the clerk shall notify the party that the matter will be dismissed within one (1) week unless good cause it shown.

INFO

A settlement entry may be filed at any time.

Entries of settlement may be filed at any time.