Ottawa County Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

An accepted fax or email filing is filed as of the clerk's receipt timestamp, not its transmission time; filings received after closing are deemed filed when the clerk's office opens the next business day.

Subject to the provisions of these rules, all documents sent by fax or email 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 or email transmission. The office of the clerk of court will be deemed open to receive facsimile or email transmission of documents on the same days and at the same time the court is regularly open for business. Therefore, a fax or email filing received after the court closes on a given business day will be deemed filed with the clerk of court as of the opening of the next business day. On a fax or email filing, at least one page of any document received by the clerk will be imprinted with the date and time of receipt. The date and time imprinted on the document will determine the time the filing was received, provided the document is deemed accepted by the clerk.

CRITICAL

Documents will not be filed if costs and fees are unpaid, charge authorization or request information is incomplete, or the documents do not comply with applicable rules.

Documents tendered to the clerk without payment of court cost and fees, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules will not be filed.

WARNING

If a fax is missing 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.

If a document is sent by fax to the clerk without the cover page information listed above, the clerk may do either of the following: a. enter the document in the case docket and file the document; b. deposit the document in a file of failed faxed documents with a notation of the reason for the failure (omission of cover page). The document shall not be considered filed with the clerk.

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 costs and deposit requirements must be met within 14 days of entry of the venue-change order or the action may be dismissed.

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

A motion to transfer without a counterclaim or crossclaim exceeding $3,000 must be filed seven days before trial; transfer to the regular docket may occur.

A motion to transfer (without a counterclaim or crossclaim in excess of $3,000.00) must be filed seven days before trial and may be transferred to the regular docket.

CRITICAL

Deadline

2 hours

A courtroom recording or broadcast request is due no later than two hours before the session, unless the trial judge permits otherwise.

Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing to the judge to whom the case is assigned as far in advance as reasonably practical, but no later than two (2) hours prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.

CRITICAL

When default judgment is available, the motion must be filed within 90 days after the plaintiff receives notice of the default; failure to file results in dismissal for want of prosecution.

In all cases in which default judgment is available to a party by reason of failure of defendant to answer or appear, the motion for default judgment must be filed within 90 days from the time that plaintiff has notice of such default. Failure to file a motion for default shall result in dismissal of the complaint for want of prosecution.

CRITICAL

The applicant must file the pro hac vice notice and permission order within 30 days after permission is granted.

If the judge or magistrate grants the applicant's motion for permission to appear pro hac vice, the applicant must file a Notice of Permission to Appear Pro Hac Vice and a copy of the order granting permission with the Office of Attorney Services at the Ohio Supreme Court within 30 days.

CRITICAL

The certification requirements must be met within 30 days after filing the qualifying pleading or the case may be dismissed.

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

Deadline

5 court days

Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the fax or email filing, or the court may strike the document or exhibit.

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 or email document. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.

CRITICAL

When a judgment is more than 30 but less than 60 days old, the plaintiff must file a motion for leave to purchase a writ.

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 Purchase a Writ and serve a copy of the motion on the defendant(s).

CRITICAL

The required cost deposit must be made within 14 days after receipt of the file or it may be returned 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

A jury demand must be filed within the timeframe provided by the applicable rule.

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

CRITICAL

After transfer, the defending party has 28 days from judicial assignment to move or plead.

After transfer, the defending party shall have 28 days from judicial assignment, to move or plead.

WARNING

A party may file a complete set of jury instructions and a trial brief seven full days before trial.

Each party may file, seven (7) full days in advance of trial, a complete set of instructions suitable for charging the jury in the captioned matter. Parties may file a trial brief seven (7) full days in advance of trial.

INFO

A defendant may enter a not-guilty plea by letter before the scheduled arraignment.

B. Not Guilty Plea by letter: A defendant may enter a plea of not guilty by letter prior to defendant's scheduled arraignment.