Paulding County Court of Common Pleas, Ohio Filing Timing and Cure Windows

CRITICAL

An accepted fax filing is deemed filed when the Clerk receives it.

All documents sent by fax and accepted by the Clerk of Courts shall be considered filed with the Clerk of Courts as of the date and time the Clerk receives the document.

CRITICAL

All civil protective matters shall be heard at such times as are required by ORC Sec. 3113.31. An ex parte hearing shall be held the same day the petition is filed, if filed before 2:00 p.m. If the petition is filed after 2:00 p.m., it may not be possible to conduct a hearing on the same day. In that case, the ex parte hearing shall be held the next business day.

All civil protective matters shall be heard at such times as are required by ORC Sec. 3113.31. An ex parte hearing shall be held the same day the petition is filed, if filed before 2:00 p.m. If the petition is filed after 2:00 p.m., it may not be possible to conduct a hearing on the same day. In that case, the ex parte hearing shall be held the next business day.

CRITICAL

Fax and email filings received after 4:30 p.m. or on a weekend or holiday are deemed filed on the next regular business day.

The Clerk of Courts will be deemed to be open to receive facsimile transmission and email filing of documents on the same days and at the same time the Court is regularly open for business. Documents received after 4:30 pm on a regular business day or anytime on a weekend or holiday will be considered to be filed on the next ensuing regular business day for the Clerk.

WARNING

A child-support modification generally takes effect on the motion’s filing date, subject to party agreement, a different Court order, or the date in an adopted administrative determination.

All Court orders modifying a child support obligation shall be effective the date of filing the motion to modify, unless otherwise agreed to by the parties or otherwise ordered by the Court. In cases in which an administrative modification is adopted by the court, unless otherwise ordered, the effective date shall be as set forth in the administrative determination.

WARNING

The Court will not accept exhibits before the hearing.

The Court will not accept any exhibits prior to the hearing.

WARNING

A judge, magistrate, or designee must review a self-represented litigant’s pleading before the Clerk file-stamps it.

All pleadings filed by self-represented litigants shall first be reviewed by the Judge, Magistrate, or his/her designee before being file-stamped by the Clerk.

CRITICALCivil cases

The Notice of Intent to Relocate must be filed immediately when a parent intends to move.

If a parent intends to move, he/she shall immediately file a Notice of Intent to Relocate with the Court.

CRITICAL

Parties in actions involving allocation of parental rights must complete A-OK within 75 days of the initiating filing, subject to the stated alternatives or waiver.

Parties to any action in which the allocation of parental rights and responsibilities for their child(ren) is being considered shall complete the Assisting Our Kids ("A-OK") within seventy-five (75) days after filing a complaint or motion initiating the action, or within such time as established by the Ohio Supreme Court, unless the same is waived by the Court or a court-approved substitute program is completed.

CRITICAL

Counsel-prepared judgment entries and dismissal orders must be approved by all counsel of record and submitted within 28 days after notice of settlement, unless the Court agrees otherwise.

Judgment entries and orders of dismissal prepared by counsel shall be approved by all counsel of record, and submitted to the Court within twenty-eight (28) days after notice to the Court of settlement or as otherwise agreed by the Court.

CRITICAL

A court-ordered mediation referral stays the case until the next scheduled hearing; motions and hearings are barred during the stay without leave, except those concerning care of minor children.

Cases referred to mediation by court order shall be stayed. The period of stay shall be from the date the case is referred to mediation to the next scheduled hearing date. All court orders shall remain in effect during the stay period. No motions may be filed or hearings may be held during the stay period without leave of Court, except those pertaining to the care of the minor children.

CRITICAL

If the Plan Administrator does not file its notice of qualification, the parties or counsel must file its approval letter within 30 days of receipt.

If the Plan Administrator fails to file Notice of Qualification, the parties or attorneys for the parties shall file a copy of the letter of approval/qualification issued by the Plan Administrator with the Clerk of Courts within thirty (30) days of receipt.

CRITICAL

Deadline

2 court days

For an incarcerated defendant, the initial appearance must be set within two court days after arrest following the felony complaint.

Following the filing of a felony complaint, the matter shall be set for an initial appearance within two (2) court days of the Defendant’s arrest, if the Defendant is incarcerated.

CRITICAL

Unless the Court orders otherwise, each party must file an exhibit and witness list seven days before trial.

Unless otherwise ordered, each party shall file an exhibit and witness list seven (7) days prior to trial.

CRITICALCivil cases

The moving parent must file the notice immediately upon intending to move.

If a parent intends to move, the moving parent shall immediately file a Notice of Intent to Relocate with the Court.

CRITICAL

A reply to a response must be filed and served within 14 days after service of the response.

Any reply to said response shall be filed and serviced on or before the fourteenth (14th) day after the date of service of the response.

CRITICAL

When no other deadline controls, a response is due 21 days after service and a reply is due 14 days after service of the response.

Rule Days: In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law, applicable rule, or court order, a response to a pleading, motion, amended pleading, or other paper shall be filed and served on or before the twenty-first (21st) day after the date of service of the pleading, motion or other paper, requiring the response. Any reply to said response shall be filed and serviced on or before the fourteenth (14th) day after the date of service of the response.

CRITICAL

After the enjoined party requests a hearing, the Court must schedule a hearing on the merits within 28 days, and will not delay it absent extraordinary circumstances.

Upon a filing for a request for hearing by the enjoined party, the court shall schedule a hearing on the merits within twenty-eight day (28) days to consider modifying the initial temporary order. No hearing will be delayed absent extraordinary circumstances.

WARNING

Potential jurors must complete and return the questionnaire within three days after receiving it.

The potential jurors are instructed to complete and return the questionnaire within three (3) days of receipt.

WARNING

If the defendant proceeds to trial without a resolution, the Court mails instructions to potential jurors at least 14 days before trial.

If a resolution is not reached and the Defendant wishes to proceed to trial, the Court will mail letters with instructions to potential jurors at least fourteen (14) days prior to the trial date.

WARNING

If no further order of sale is pursued within 90 days after cancellation, the Court may stay and close the case; reopening to proceed requires an additional cost deposit.

If the parties fail to proceed with further order of sale within ninety (90) days of cancellation, the Court may issue an Order of Stay and, upon such Order of Stay, the Clerk of Courts shall calculate all court cost, return the balance of deposits and close the case. Thereafter, should the parties wish to re-open the case and proceed with the Order of Sale, an additional cost deposit will be required.

WARNING

After appeal time expires, the Clerk may dispose of remaining exhibits, depositions, or transcripts after notice unless an application for return is made within 60 days.

After all appeal time has expired, the Clerk of Courts may dispose of any exhibits, depositions or transcripts remaining in his/her office. The Clerk, after notice to the parties or their attorneys, shall dispose of these items unless application is made for their return within sixty days of the date of the notice.

WARNING

The Court mails juror reporting letters at least 14 days before trial and provides questionnaires to attorneys before trial.

Letters to report are mailed at least fourteen (14) days in advance of trial, with questionnaires provided to the attorneys prior to trial.

WARNING

If counsel cannot agree on an entry within 28 days of its original submission, both the original and response drafts must be submitted to the Court.

If counsel cannot agree on a Judgment Entry or Order within twenty-eight (28) days of the original submission, then copies of both the original and the response order or entry drafts shall be submitted to the Court.