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

CRITICAL

An electronically submitted document is not filed until Court staff review and accept it.

Documents submitted electronically are pending and are not considered filed until reviewed and accepted by Court staff.

CRITICAL

Filings that require a new case number or payment receipt must be filed by 3:45 p.m.

All filings requiring a new case number or payment receipt must be filed by 3:45 p.m.

CRITICAL

After approval of the application, the placement-and-consent hearing must occur at least 72 hours after the later of the child’s birth or the parents’ meeting with the adoption assessor.

Once the application has been approved by the Court, a hearing shall be held not less that seventy-two (72) hours after the birth of the child or after the parents have met with the adoption assessor, whichever occurs later, for the placement and consent by the parents.

CRITICAL

The Clerk must receive the lower-court transcript and accompanying documents but may not docket them until an indictment or information is filed.

When a Court holds or recognizes a person to appear before this Court for said pending indictment by the Grand Jury, the Clerk shall receive the transcript of the lower Court’s preceding and accompanying documents but shall not docket them until an indictment or information is filed.

CRITICAL

The receiving fax machine’s imprint establishes the receipt date and time, but fax copies received after 4:00 p.m. on a business day or on a weekend or holiday are considered filed on the next business day.

The date and time of receipt of any faxed document shall be the date and time imprinted on the document by the facsimile machine receiving the transmission. Although faxes will be received 24 hours a day, seven days a week, any fax copy received by the clerk after 4:00 p.m. on a regular business day or on a weekend or holiday shall be considered filed on the next business day by the clerk.

CRITICAL

A fax filing is considered filed when the Clerk stamps it; the Clerk’s file clock, not the fax machine timestamp, controls.

All documents submitted will be considered filed when the date/time has been stamped by the Clerk. For the purposes of this section, the date/time of filing is not determined by the facsimile machine date/time stamp, but is determined by the Clerk’s file clock stamp.

CRITICAL

A faxed document is effective as the original in the Court file upon receipt, but the original document must be filed within three business days.

The Court will accept fax documentation, which is source of information by a facsimile machine. The Court will accept documents by fax as the effective original document in the Court file at the time of receipt; however, the Court requires the original document to be filed with the Court within three (3) business days.

CRITICAL

Deadline

1 business days

The Juvenile Clerk must fax an acknowledgment to the attorney identified on the cover page by the next business day, stating whether the filing was accepted and identifying any copy costs and payment instructions.

Receipt of fax submission will be acknowledged by the Juvenile Clerk via fax communication to the attorney identified on the cover page no later than the next business day. Acknowledgment of receipt will indicate either acceptance of filing or reason for non acceptance, and identification of any copy costs that will be assessed and instructions for payment of those copy costs.

WARNING

The Probate Court is open for business from 8:00 a.m. to 4:00 p.m. Monday through Friday, except holidays and specified closed paid days.

The Probate Court shall be open for business from 8:00 a.m. to 4:00 p.m., Monday through Friday, except holidays and any closed paid days filed at the County Commissioners office.

WARNING

The clerk will notify the e-filer of a rejection by email or phone, and the rejected document will not enter the official record.

If a clerk rejects a submitted document, the clerk will notify the E-Filer of the rejected submission via their e-mail address or phone number, and the document will not become part of the official Court record.

CRITICAL

The final distribution account for an estate is due six months after the fiduciary is appointed.

For all estates filed in this Court, the final distribution account is due six months after the appointment of the fiduciary.

CRITICAL

Attorneys on the appointment list must provide the Court documentation of their required annual juvenile-law CLE by December 31 each year.

6.2 The Court shall maintain a list of attorneys approved by the presiding Judge for appointment to indigent parties or to serve as guardian ad litem. Attorneys on the appointment list shall complete six hours of CLE, specific to juvenile law, each calendar year and provide documentation of the same by December 31 of each year to the Court.

CRITICAL

An entry approved by counsel or an unrepresented adverse party must be endorsed and presented to the assigned judge; if signed, it must be filed with the Clerk forthwith.

When the entry is approved by counsel, or an unrepresented adverse party, it shall be so endorsed and presented to the judge to whom the case is assigned for approval, and if signed by the Judge, shall be forthwith filed with the Clerk.

CRITICAL

A written GAL report amendment must be filed seven days before a hearing unless the presiding Judge or Magistrate permits otherwise.

D) Any written amendment to a GAL Report must be filed seven (7) days before a hearing unless otherwise permitted by the presiding Judge or Magistrate, and shall be provided to all counsel by the GAL.

CRITICAL

The psychologist’s report is due within 60 days of the Court’s order, unless the presiding Judge or Magistrate directs otherwise.

13.1 In any case in which the Court orders a psychological evaluation, the report of the psychologist shall be submitted to the Court within sixty (60) days from the Court’s order, or as directed by the presiding Judge or Magistrate.

CRITICAL

All estates must comply with the six-month administration schedule under Ohio Revised Code 2109.301(B).

All estates being filed must comply with the six month administration schedule set forth by the Ohio R.C. 2109.301 (B).

CRITICAL

After judicial approval, the Court is to set the emergency hearing within seven days of the request.

Upon approval of the judicial officer, the Court shall set a time for the hearing within one-week (7) days from the request.

CRITICAL

For a land sale not concluded within one year of filing, plaintiff’s counsel must set a status conference within 30 days after that year expires.

All land sales which have not been concluded within one year from the date of filing shall be set for a status conference by the plaintiff’s attorney within thirty days following the expiration of the one year.

CRITICAL

The 24-month track sets case milestones, measured in weeks, from case filing through trial.

The 24 month track shall consist of the following: Case Filed 0 Default Motion if No Answer 8 Pretrial Conference and Disclosure of Witnesses 12 Supplemental Joint Disclosure 50 Trial Confirmation Date 52 Dispositive Motions 88 Discovery Cutoff 90 Decision on All Motions 96 Trial Date 104

CRITICAL

Unless the Court prepares the entry or directs otherwise, prevailing counsel must prepare and submit the entry within 10 days after the order, decree, or judgment, and the recipient must approve or reject it within 10 days of receipt.

Except as to matters in which the Court prepares a property entry or unless the Court otherwise directs, counsel for the party in whose favor an order, decree or judgment is rendered shall within ten (10) days thereafter prepare the proper entry and submit it to counsel for the adverse party, or, if the adverse party is unrepresented, to the adverse party directly, who shall approve or reject the same within ten (10) days after the receipt thereof.

CRITICAL

The certificate of service of notice of probate must be filed within two months after the fiduciary’s appointment, or, if none has been appointed, within two months after the will is admitted to probate.

The Certificate of Service of Notice of Probate of Will needs to be filed not later than two months after the appointment of the fiduciary, if no fiduciary has been appointed, not later than two months after the will has been admitted to probate.

CRITICAL

The agency must file the Complaint and Motion for Shelter Care within the Court-designated time frames; an untimely Motion will not be heard until the following day.

B) The children services agency shall file the Complaint and Motion for Shelter Care within the time frames designated by the Court. If the Motion for Shelter Care is not filed timely, it will not be heard until the following day.

CRITICAL

Appointment of a successor fiduciary resets the estate to a six-month administration schedule unless an application to extend administration is filed.

When a successor fiduciary is appointed, the estate will be rescheduled for a six month administration unless there is an application to extend administration.

CRITICAL

A motion is deemed submitted to the Court on the 28th day after it is filed.

On the twenty-eighth day after the motion is filed, the motion shall be deemed submitted to the Court.

CRITICAL

If counsel for the prevailing party does not prepare an entry within the ten (10) day period, counsel for the adverse party shall do so and submit it to counsel for the prevailing party who shall approve or reject the same within ten (10) days after the receipt thereof.

If counsel for the prevailing party does not prepare an entry within the ten (10) day period, counsel for the adverse party shall do so and submit it to counsel for the prevailing party who shall approve or reject the same within ten (10) days after the receipt thereof.

CRITICAL

Applies to

Proposed jury instructions and verdict forms

Counsel must file proposed jury instructions and verdict forms one week before trial in all jury trials.

Proposed jury instructions and verdict forms shall be filed by counsel in all jury trials one (1) week before trial.

CRITICAL

The GAL must file the permanent-custody report before the permanent-custody pre-trial.

B) In all proceedings on motions for permanent custody, a written report by the GAL shall be filed with the Court prior to the permanent custody pre-trial. The GAL permanent custody report shall cover any time period(s) not previously covered in a written GAL report.

CRITICAL

Consent judgment entries must be filed within 30 days after the hearing, unless the presiding Judge or Magistrate orders or allows otherwise; delinquency cases are excluded.

4.4 Consent judgment entries shall be prepared by counsel as directed by the Court, other than in delinquency cases, and shall be filed within thirty (30) days after the hearing, or as otherwise ordered/allowed by the presiding Judge or Magistrate.

CRITICAL

Payment for a fee-bearing fax or email submission is due within three days after filing.

Any facsimile or email submission that requires a filing fee must be paid by cash, check, or money order within three days of the filing.

CRITICAL

The 12-month track sets case milestones, measured in weeks, from case filing through trial.

The 12-month track shall consist of the following: Latest Date of Occurrence in Weeks Case Filed 0 Default Motion if No Answer 8 Pretrial Conference and Disclosure of Witnesses 12 Supplemental Trial Date Assigned 14 Joint Disclosure of All Witnesses 26 Dispositive Motions 35 Discovery Cutoff 48 Trial Date 52

CRITICAL

The Court must set the pretrial for a date no more than 14 days before trial.

The Court shall set the date for the pretrial and shall not be more than fourteen days before the trial.

CRITICAL

The verification form must be filed within 30 days after issuance of the entry.

obtain a verification of receipt and deposit from the financial institution and file the form with the Court within thirty days of the issuance of the entry.

CRITICAL

A guardian must notify the Court of an address change for the ward or guardian within 30 days of the change.

It is the responsibility of the guardian to keep the Court informed on any address changes of the ward and/or guardian. The notification must be made within 30 days of the address change.

CRITICAL

For an emergency hearing request to remove a child from an allegedly dangerous placement, the Court must set the hearing for the next business day or no later than 72 hours after the request.

A) In any case in which an emergency hearing is requested for removal of a child from a placement alleged to be dangerous pursuant to ORC 2151.31, the Court shall set a time for emergency hearing the next business day or no later than seventy-two (72) hours from the request. It is the responsibility of the attorney filing the Complaint and Motion to notify all necessary parties and attorney(s) of record.

CRITICAL

Writings required by Canon 3(A)(7) and Rule 22 must be filed no later than two weeks before the relevant proceeding.

All writings required by Canon 3(A)(7) and this Rule of Court shall be filed on or before two weeks prior to the date set for the relevant court proceeding.

CRITICAL

Deadline

7 business days

A party requesting a jury trial must post the required deposit no later than seven business days after entry scheduling the matter for jury trial.

In every case in which a jury demand is filed, the requesting party shall be required to post a deposit no later than seven (7) business days after the date of the entry scheduling the matter for jury trial.

CRITICAL

For guardianships and trusts, the first account is due within one year of the fiduciary's appointment, with later accounts due on each anniversary unless the Court orders otherwise.

For guardianships and trusts, the first account is due no later than one year following the date of appointment of fiduciary and on the anniversary date thereafter unless otherwise ordered by the Court.

CRITICAL

Applies to

Motion response or objection

Responses or objections to motions are due within fourteen days after the motion is filed, unless a Rule provides more time.

Response and/or objections to any motions shall be made within fourteen (14) days after said motion is filed unless a greater time is provided by Rule.

CRITICAL

The agency must file a Complaint or Motion to Dismiss on the next business day after issuance of a telephone ex parte order.

On the next business day following the issuance of a telephone ex parte order, the agency shall file either a Complaint or a Motion to Dismiss the telephone ex parte order.

CRITICAL

The preplacement application in a private placement adoption must be filed at least 15 days before placement.

In private placement adoptions, a preplacement application in a form prescribed by the Court shall be filed by the proposed adopting parents not less than fifteen (15) days prior to placement.

CRITICAL

A party may file written objections to a Magistrate Decision within fourteen days of its filing.

Within fourteen (14) days of the filing of a Magistrate Decision, a party may file written objections to the decision.

CRITICAL

Counsel seeking payment in a criminal case must submit their statements within 30 days after the case terminates or their fee application will not be approved.

Counsel who wishes to be paid for their services in criminal cases involving defendants will sub mit their statements to the Court within thirty (30) days from the date of termination of said case. Otherwise, applications for fees will not be approved by the Court.

CRITICAL

All dissolutions shall be settled, tried, or otherwise completed within 90 days of filing, while all motions as required by the Rules of Superintendence shall be heard within 90 days and terminated within 90 days after hearing.

All dissolutions shall be settled, tried, or otherwise completed within 90 days of filing, while all motions as required by the Rules of Superintendence shall be heard within 90 days and terminated within 90 days after hearing.

CRITICAL

A summary-judgment motion is set for a non-oral hearing on the 28th day after filing and is subject to the preceding motion procedures.

Motions for summary judgments are subject to the preceding paragraph and will be set for a non-oral hearing on the twenty-eight day following the filing of the motion for summary judgment.

CRITICAL

A defendant or counsel must demand a jury trial at least 10 days before the assigned trial date by notifying the Court in person or in writing; failure may result in a continuance without consent or a bench trial.

5.3 In cases in which the defendants have a right to a trial by jury, the defendant or his counsel shall demand a trial by jury no less than ten (10) days prior to the date assigned for trial. Failure to notify the Court either in person or in writing may be deemed just cause for entering a continuance without the consent of the defendant, or the Court may order the matter to proceed to trial before the Court without a jury.

CRITICAL

The GAL's written report is due before the first hearing, unless the presiding Judge or Magistrate directs otherwise.

A) Following the appointment as Guardian ad Litem (GAL) in a dependency, neglect, abuse, delinquency, unruly, or private custody case, the GAL shall file a written report with the Court prior to the first hearing unless otherwise directed by the presiding Judge or Magistrate.

CRITICAL

Services charged in an indigent case must be billed to the Court within 15 months after they are rendered; payment is discretionary with the Court.

All services charged in an indigent case must be billed to the Court within fifteen (15) months from the date the service was rendered. Payment will be made at the discretion of the Court.

CRITICAL

Plaintiff’s counsel must set a status hearing within 30 days after the final answer.

The case shall be set by plaintiff’s counsel for a status hearing within thirty days after the final answer.

CRITICAL

A married adoption petitioner must have been married for at least 12 months before filing the adoption.

In all adoptions, married petitioner(s) must be married for not less than twelve months prior to filing an adoption.

CRITICAL

Requested proposed findings and conclusions must be presented within seven days of the request; failure to do so is deemed withdrawal of the request.

If an attorney of record requests findings of fact and conclusions of law, he or she shall, if requested, present proposed findings and conclusions to the Magistrate within seven (7) days of the request. Failure to present proposed findings and conclusions within seven (7) days of the request will be deemed withdrawal of the request.