Oakwood Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

For evening or weekend proceedings, the Court accepts filings only in cases scheduled for that specific hearing.

(B) For the purpose of any evening or weekend Court proceedings the Court willaccept documents for filing only in those cases that are scheduled for that specific hearing.

CRITICAL

An e-filing's effective filing date and time are the date and time the Clerk approves it.

(B) The electronic timestamp, and the effective date and time of filing, will correspond to the date and time the e-Filing was approved by the Clerk.

CRITICAL

A document filed by fax is deemed received for filing when it is received by the Clerks.

A pleading, motion, or other document filed with the Court by facsimile transmission shall be deemed received for filing when received by file stamped [ See "p" below] the Clerks will have the same force and effect as the original of the document being transmitted.

CRITICAL

A rejected document is not part of the official court record, and the Clerk emails the filer the rejection and its reason.

(B) If the Clerk rejects a submitted document, the document will not become part of the official court record. The Clerk will notify the e-Filer by email if the e-Filer's submission has been rejected and the reason why.

CRITICAL

After an acknowledged system outage, an affected filer may submit the filing by the next business day and may seek a properly supported order deeming it filed as of the attempted electronic submission date.

3. Motion to Deem Filed as of Date Electronically Submitted. 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 was electronically submitted.

CRITICAL

Documents generally must be received during regular Clerk office hours; those received after 4:00 p.m. Monday through Friday are deemed received the next business day, subject to the stated weekend and holiday exception.

All documents which are submitted to the Court must be received by the Clerks during the regular office hours of the Clerk of Court as set out in these rules. Any document received after 4:00 p.m. Monday through Friday, shall be deemed received for filing the next business day. For the purpose of this local rule, 4:00 p.m. shall be determined by the notation on the Court's facsimile machine unless otherwise ordered by the Court. Documents filed on weekends or holidays due to the time constraints imposed by law or necessity (e.g. incarcerated suspects, search warrants, Court orders for electronic records) may be filed outside normal hours as deemed necessary by the Clerks or by the Judge.

CRITICAL

Documents filed by mail are deemed filed on the date the Clerks receive them.

All pleadings, motions or other documents filed by mail shall be deemed filed as of the date of receipt by the Clerks.

CRITICAL

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

4. Order to Deem Filed as of Date Electronically Submitted. If the Court determines from the motion described in these Rules that a system failure prevented a filer from e-Filing a document, the Court must enter an order deeming the document filed as of the date of the attempted electronic submission.

WARNING

Deadline

1 business days

For paper filings by unrepresented filers, the Clerk must accept, docket, and scan the filing by the end of the next business day or as soon as practicable, and retain the original for the case file.

The Clerk must accept the paper document 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

A filer may timely request rejection of a document before the Clerk accepts it for filing.

(A) Prior to acceptance for filing, the Clerk may reject document from the E-Filing Portal upon timely request by the e-Filer.

WARNING

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

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

WARNING

An e-filing may be rejected for errors including incorrect docketing codes or file forms, unpaid fees, multiple documents in one upload, or inaccurate party or case information.

(A) Reasons for rejection of an e-Filed document include, but are not limited to, incorrect case docketing codes; the use of incorrect electronic file forms; failure to pay correct filing fees, including those for a requested jury demand; submitting multiple documents in one uploaded file; incomplete or inaccurate party information; and incorrect case numbers.

CRITICAL

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

(A) Reporting of Court actions to the BMV shall be done within 7 days as prescribed by law.

CRITICAL

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

1. Technical failures, whether the fault of the E-Filing Portal or otherwise, cannot extend jurisdictional deadlines (such as statutes of limitation or deadlines for appeal).

CRITICAL

A stricken, improperly formatted document is treated as unfiled, and the filer must seek leave to refile if the deadline has expired.

(B) If the improperly formatted document is stricken, it will be treated as if it were not filed. If the deadline has expired for filing the document in question, the filer must seek leave of court to re-file it.

CRITICAL

Applies to

Opposing affidavits and memorandum

The adverse party must serve and file opposing affidavits and a memorandum before the scheduled non-oral hearing date.

The adverse party shall serve and file opposing affidavits and memorandum prior to the day set for non-oral hearing.

CRITICAL

Opposition papers must be served and filed within 14 days after the motion unless the Court orders another period.

(C) Each party opposing the motion shall serve and file within fourteen (14) days thereafter, unless another period of time is ordered by the Court, a brief written statement of reasons in opposition to the motion and a list of citations of the authorities on which he or she relies. If the motion requires the consideration of facts not appearing of record, he or she shall also serve and file copies of all affidavits, depositions, photographs or other documentary evidence which he or she desires to submit in opposition to the motion.

CRITICAL

A request for a court-appointed interpreter or translator is due at least one week before the trial or hearing.

In a criminal or civil case, the party requesting a Court appointed interpreter or translator shall make a written request to the Court at least one week before the date of the trial or hearing.

CRITICAL

A final settlement must be filed with the Court before the hearing or trial date.

Final settlement, by agreed judgment entry, dismissal or other, must be fully executed and filed with the Court prior to the date of the hearing or trial.

CRITICAL

A party who misses a non-jurisdictional deadline because of technical problems may move to file the document instanter by the next business day after resolving the problems; the judge decides the motion in his or her discretion.

1. Non-jurisdictional Deadlines. 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. a. The motion must be accompanied by a signed declaration explaining the failure to meet the deadline. b. The judge assigned to the case may grant or deny such motion in his or her discretion.

CRITICAL

Applies to

Trial brief

In civil jury cases, each party's attorney must furnish the Court a brief of the issues and law expected to be presented to and used to instruct the jury at least five days before trial.

In all civil jury cases, attorneys for all parties to the action shall, at least five (5) days before date of trial, furnish to the Court a brief of the issues and the law they expect the judge to present to and instruct the jury.

CRITICAL

The time to respond to a properly filed revised document runs from the date the revised document is filed.

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

CRITICAL

Applies to

Trial brief

When the Court orders trial briefs, each party's counsel must file and serve the brief at least one weekday before trial unless the Court orders otherwise.

When a trial brief is required by order of Court, counsel for each party shall file the brief with the Court and serve all other counsel at least one (1) weekday prior to commencement of trial unless otherwise ordered by Court.

CRITICAL

Criminal motions must meet the deadlines in the Ohio Rules of Criminal Procedure unless the Court orders a different time.

Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure, unless a different time is ordered by the Court.

CRITICAL

A Civil Rule 56 motion for summary judgment is taken under review on the fifteenth day after service unless the Court orders a different time.

All motions for summary judgment filed pursuant to Civil Rule 56 will be taken under review on the fifteenth day following service of the motion upon the adverse party, unless a different time is set by Court Order.

WARNING

A filer may file a revised document if no party has responded to the original, but must do so within the time allowed for the original filing.

(A) An e-Filer who wishes to make corrections or additions to a previously 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

WARNING

A summary judgment motion receives no oral hearing unless ordered; oral-argument assignment does not change briefing deadlines unless specifically ordered, and a cross-motion's hearing date runs from service of the later motion.

An oral hearing on a motion for summary judgment will not be conducted unless by order of Court. Assignment of a summary judgment motion for oral argument shall not alter time periods for serving and filing briefs and permitted evidentiary materials unless specifically ordered by the Court. If the adverse party also files a motion for summary judgment, the hearing date shall be from the service upon the opposing party of the latter motion.