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

CRITICAL

Applies to

Pleading

The Court must order the missing pleadings filed immediately or within a time the Court designates.

The Court shall order the pleadings for want of which the default existed to be filed forthwith, or within such time as the Court may designate.

CRITICAL

Applies to

Trial brief

When ordered by the Court, trial briefs must be filed with the Clerk two weeks before trial; noncompliance may result in dismissal or sanctions.

Trial briefs, when ordered by the Court, shall be filed with the Clerk of Court two (2) weeks before trial. Failure to comply may result in dismissal of said cause or appropriate sanctions.

CRITICAL

Electronic filing or rejection by the clerk does not change the document’s filing deadline.

Filing a document electronically or the clerk’s rejection of a submitted document does not alter the filing deadlines for that document.

CRITICAL

An executor or similar official may not file an estate refund application after December 31, 2021.

An executor or similar official may no longer file an application for an estate refund after December 31, 2021.

WARNING

On the 12-month track, the pretrial conference and disclosure of witnesses are scheduled by week 12.

Pretrial Conference and Disclosure of Witnesses 12

WARNING

Custody and visitation matters use the 9-month track.

The 9-month track is for custody and visitation matters.

WARNING

On the 12-month track, discovery closes by week 48.

Discovery Cutoff 48

WARNING

Divorce actions with children use the 18-month track.

The 18-month track is for divorce actions with children.

WARNING

On the 12-month track, joint disclosure of all witnesses is scheduled by week 26.

Joint Disclosure of all Witnesses 26

WARNING

Divorce actions without children and child support cases are assigned to the primary 12-month track.

The 12-month time is the primary, standard track for the resolution of divorce actions without children and child support cases.

WARNING

If approval or rejection is not communicated to the preparing counsel, that counsel may immediately present the entry to the Trial Court without approval.

If approval or rejection of an entry is not communicated to the counsel preparing the entry, such counsel may forthwith present an entry to the Trial Court for signature and filing without such approval.

WARNING

UIFSA cases use the 90-day track.

The 90-day track is for UIFSA’s.

WARNING

On the 12-month track, dispositive motions are scheduled by week 35.

Dispositive Motions 35

WARNING

A pretrial statement binds the submitting party; amendments are permitted up to seven days before trial and later only with court leave and good cause.

The pretrial statement shall be binding on the party submitting it. Amendments to the said statement are permitted up to seven days prior to trial and thereafter with leave of Court and for good cause shown.

WARNING

An attorney may not withdraw less than 20 days before trial absent extraordinary circumstances and the Court’s permission.

No attorney will be permitted to withdraw from a case less than twenty days prior to a trial unless there are extraordinary circumstances that will then require the Court’s permission.

WARNING

If detention continues after the initial hearing, the plan provides for an adjudication hearing 10 days from complaint filing when the complaint was not filed upon entry to detention, or 10 days from the start of detention when the complaint was filed on or before that date.

An adjudication hearing will be scheduled i. Ten (10) days from the filing of the complaint, if the complaint was not filed when the child entered detention (Juv. R. 29 (A)). ii. Ten (10) days from the date detention began, if the complaint was filed on or before the detention date.

WARNING

The plan provides for relinquishment-of-jurisdiction hearings to be held 3 to 10 days after the detention hearing; the plan states that its timeframes are guidelines only.

Relinquishment of jurisdiction hearings will be held not less than three (3) days nor more than ten (10) days from the date of the detention hearing.

WARNING

The plan provides for detention hearings within 72 hours after admission to JDC or on the next business day, whichever is earlier; the plan states that its timeframes are guidelines only.

Detention hearings will be held within seventy-two (72) hours after admission to JDC or on the next business day, whichever is earlier (ORC 2151.314).

WARNING

The plan provides for final disposition of a child in detention within 90 days after the child is taken into custody; the plan states that its timeframes are guidelines only.

Final disposition for a child in detention will be completed within ninety (90) days of the child being taken into custody.

WARNING

Accounts that are not filed as required are subject to citation.

Accounts not filed in compliance with this rule shall be subject to citation.

WARNING

On the 12-month track, temporary orders are scheduled by week 3.

Temporary Orders 3

WARNING

The plan provides for trials to be held within 60 days of filing; the plan states that its timeframes are guidelines only.

Trials shall be held within sixty (60) days of filing.

WARNING

The plan provides for dispositions to be held within 90 days of filing; the plan states that its timeframes are guidelines only.

Dispositions shall be held within ninety (90) days of filing.

WARNING

On the 12-month track, the trial date is scheduled for week 52.

Trial Date 52

WARNING

The plan provides for pre-trials to be scheduled within 14 days of arraignment; the plan states that its timeframes are guidelines only.

Pre-trials shall be scheduled within fourteen (14) days of arraignment.

WARNING

If the child admits the charges or is found delinquent, the Court may proceed to disposition or continue for a social history and investigation; in that case, disposition is scheduled two weeks after adjudication, subject to the plan’s guideline-only timeframes.

If the child admits the charges or is found delinquent at trial, the Court may proceed to disposition or continue the matter for completion of a social history and investigation; in such case, the disposition will be scheduled two (2) weeks after adjudication.

WARNING

The case-management plan’s timeframes are guidelines only, and missing them does not affect the Court’s jurisdiction or provide grounds for dismissal.

Time frames set forth in this plan are guidelines only; failure to follow such time frames in individual cases shall not affect the Court’s jurisdiction or be grounds for dismissal.

WARNING

On the 12-month track, the supplemental trial date is scheduled to be assigned by week 14.

Supplemental Trial Date Assigned 14

WARNING

Calculate the time limits under these case-flow rules from the filing date of the initial documents invoking the Court’s jurisdiction.

The time limits established in these case flow management rules, shall be calculated from the date of filing of the initial documents invoking the jurisdiction of the Common Pleas Court.

WARNING

Case-flow-management time limits are calculated from the arraignment date of the initial document invoking the court’s jurisdiction.

The time limits established in these case flow management rules, shall be calculated from the date of arraignment of the initial document invoking the jurisdiction of the Common Pleas Court.

INFO

It shall be the goal of the case flow rules and the overall management of the docket by the Common Pleas Court that 90% of all domestic relations cases should be settled, tried or otherwise concluded with 12 months of filing and 100% within 18 months, except for individual cases where the Court determines exceptional circumstances exist.

It shall be the goal of the case flow rules and the overall management of the docket by the Common Pleas Court that 90% of all domestic relations cases should be settled, tried or otherwise concluded with 12 months of filing and 100% within 18 months, except for individual cases where the Court determines exceptional circumstances exist.