Painesville Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

The clerk must reject an electronically filed document submitted without a complete Document Description Form and notify the filer by email.

I. In the event a document is electronically filed without or with an incomplete Document Description Form, the clerk shall reject said document and the clerk shall notify the filer via electronic mail of said rejection.

CRITICAL

A corrective filing is a new filing that does not relate back unless the filer seeks and obtains relief through a motion based on technical errors.

A corrective filing may be sent at a later time if the filer elects to do so, but such a filing will be considered a new filing and will not relate back to the date and time of the original attempt to file the document. If a document is rejected due to technical errors and the filer wishes to have the corrective filing relate back as to date and time, the filer must file a motion with the court seeking such relief.

CRITICAL

The electronic filing service is available continuously, but filings must be completed by 4:00 p.m. to be timely that day.

E. The electronic filing service shall be available twenty-four hours per day, seven days a week. All electronic filing of documents must be completed by 4:00 pm to be considered timely filed that day.

CRITICAL

A faxed document is considered filed when the Clerk time-stamps its receipt, not when it was transmitted.

Subject to the provisions of these rules, all documents sent by fax and received by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the fax transmission.

CRITICAL

Documents transmitted outside regular court hours are deemed filed on the clerk’s next normal business day.

Documents transmitted outside of regular court hours shall be deemed filed on the next normal business day of the clerk.

INFO

The court 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 on the basis of 24 hours per day seven days per week including holidays.

CRITICAL

Trials are scheduled before the Court unless the defendant files a timely jury demand or otherwise has a legal right to a jury trial.

All trials shall be scheduled before the Court unless the defendant files a timely jury demand or otherwise is accorded a right to trial by jury pursuant to law.

CRITICAL

Deadline

5 court days

Unless the court orders otherwise, a missing exhibit must be filed as a separate document within five court days after the faxed 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.

WARNING

If a defendant has not answered or further pleaded 90 days after the complaint is filed, the Court gives the plaintiff notice; if the plaintiff does not seek default judgment or show good cause, the action is dismissed without prejudice after six months.

In all civil cases where the defendant(s) have failed to answer or further plead ninety (90) days after the filing of the complaint, the Court shall cause to be served upon the plaintiff a Notice pursuant to Civil Rule 41 that the Court will dismiss the case for want of prosecution unless good cause is shown. If the plaintiff fails to move the Court for an Order granting judgment by default pursuant to Rule 55(A) or otherwise show good cause why it should not be dismissed, then, in that case, the Court shall dismiss the action without prejudice, for want of prosecution after six (6) months.