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

CRITICAL

The required written advice to the Court must be given at the time of filing.

When an estate is opened for purposes of admitting the will only or filing an estate tax only or both and no further administration is contemplated, the attorney shall so advise the Court in writing at the time of filing.

CRITICAL

An accepted fax filing is deemed filed when the Clerk time-stamps receipt, not when it was transmitted.

Subject to the provisions of these rules, all documents sent by fax and accepted by 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 must be submitted to the Clerk during regular business hours, and the Clerk files only documents received timely and in compliance with the rules.

Documents shall be filed with the Pickaway County Common Pleas Court by submitting the documents to the Clerk of Courts during the regular business hours of the Clerk’s office. Only documents that are timely received and in compliance with these rules shall be filed by the Clerk.

CRITICAL

A document is considered filed when the Clerk stamps it; the transmission time does not determine the filing date or time.

All documents submitted will be considered filed when the date/time has been stamped by the Clerk. The date and time of filing is not determined by the time of transmission, but is determined by the Clerk’s file stamp.

CRITICAL

A fax-filed document is accepted as the effective filing.

A document filed by fax shall be accepted as the effective filing.

CRITICAL

A Children Services case worker or CASA/GAL who receives the form must promptly file it with the court.

The Children Services case worker or CASA/GAL who receives such form shall promptly file the form with the court upon receipt.

CRITICAL

Fax filings received by the Clerk are considered filed at the date and time imprinted by the Clerk’s fax machine, which is available at all times, including holidays.

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 Court as of the date and time automatically imprinted by the fax machine of the Clerk of Court. The fax machine will be available to receive facsimile filings on the basis of 24 hours per day seven (7) days per week including holidays.

CRITICAL

If required cover-page information is missing, the Clerk may docket and file the document or place it in the failed-fax file; a document placed in the failed-fax file 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: 1. Enter the document in the case docket and file the document; 2. Deposit the document in a file of failed faxed documents with a notation of the reason for the failure. 3. If the Clerk acts pursuant to division (2) of this section, the document shall not be considered filed with the Clerk.

CRITICAL

An account submitted pursuant to a citation may be filed no later than 2:00 p.m. on the day before the citation hearing.

(B) An account that is being submitted pursuant to a citation may be filed no later than 2:00 p.m. the day prior to the citation hearing date.

CRITICAL

Electronic documents received when the Clerk's office is closed or after 1:00 p.m. on a business day are considered for filing the next business day; same-day filing requires arrival before 1:00 p.m.

Documents transmitted electronically and received on a Saturday, Sunday, or any other day on which the Clerk’s office is closed to the public, or after 1:00 p.m. on a business day, shall be considered for filing the next business day. To ensure that a document is filed the same day as it is transmitted, a party must ensure that it arrives before 1:00 p.m.

WARNING

For guardianships and trusts, the Court considers establishment-fee applications upon filing the inventory and additional fee applications upon filing each later account.

For guardianships and trusts, the Court shall consider applications for attorney fees for the establishment of the guardianship or trust upon the filing of the inventory, and shall consider additional fees upon the filing of each account thereafter.

WARNING

The Clerk’s office is deemed open to receive fax filings only on the days and during the times the Court is regularly open for business.

The office of the Clerk of Court will be deemed open to receive facsimile transmission of documents on the same days and at the same time the Court is regularly open for business.

WARNING

If a fax filing lacks the 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 of Courts without the cover page information listed above, the Clerk, may at its discretion: (A) Enter the document in the Case Docket and file the document; or (B) Deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Courts.

CRITICAL

If mediation settles the case, one party’s attorney must file an entry reflecting the resolution within 30 days.

If the case is settled through the mediation process, the attorney for one of the parties shall file an entry within thirty (30) days reflecting the resolution of the case.

CRITICAL

Deadline

5 court days

Unless the Court orders otherwise, a missing exhibit must be filed separately within five Court days after the fax document is filed; failure may result in the document or exhibit being struck.

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

CRITICAL

If service of process is not completed within six months after the complaint is filed, plaintiff’s counsel will be issued a show-cause order.

If service of process is not completed within six months following the filing of a complaint, counsel for plaintiff(s) shall be issued a show cause order.

CRITICAL

Documents with a statutory filing deadline must be filed within that time unless the judge grants an extension after notice to opposing counsel or the party.

Where the time for filing is fixed by statute, documents shall be filed within such time unless an extension is granted by the judge after notice to opposing counsel or party.

CRITICAL

When an agency demand or request is a prerequisite to preparing or filing the transcript, the appellant must file it with the agency when filing the notice of appeal.

In all cases in which demand or request to the agency by the appellant is a prerequisite to the preparation or filing of the transcript by the agency, such demand or request shall be filed by the appellant with the agency at the time of filing the notice of appeal.

CRITICAL

A party may file a Motion to Set Aside within 10 days after the Magistrate’s Order is issued.

A party may file a Motion to Set Aside a Magistrate’s Order within ten (10) days after the date of its issuance.

CRITICAL

The affidavit for publication and posting-and-mail service must be submitted at least seven weeks before the hearing date and time stated in the notice.

The affidavit for service by publication and by posting and mail shall be submitted at least seven (7) weeks before the date and time of the hearing stated in the notice.

CRITICAL

Deadline

1 court days

A confidentiality request must be submitted at least one Court day before the report is due.

Such request shall be submitted to the Court by the guardian ad litem at least one (1) Court day prior to the day that the written report is required to be filed.

CRITICAL

A party needing a transcript must file objections within the initial 14-day period and file a Notice of Intent to supplement after the transcript is completed; leave to supplement is automatic.

A party filing objections that require a transcript must file his or her objections within the fourteen (14) day period set forth above and must file a Notice of Intent to supplement objections after the transcript has been completed, for which leave will be automatically granted. See Court’s Website.

CRITICAL

Unless the Trial Judge directs otherwise, prevailing counsel must prepare and submit the journal entry within five days, and opposing counsel must approve or reject it within three days of receipt.

Unless the Trial Judge otherwise directs, counsel for the party in whose favor an order, decree, or judgment is rendered shall within five (5) days thereafter prepare the proper journal entry and submit it to the counsel for the adverse party, who shall approve or reject the same within three (3) days after the receipt thereof.

CRITICAL

The transcript must be filed at the same time as the supplemental objections.

A party must file the transcript contemporaneously with the filing of the supplemental objections.

CRITICAL

The Guardian ad Litem must provide the annual certification and training report on or before March 1.

On or before March 1st of each year, the Guardian ad Litem must certify that he/she is unaware of any circumstances that would disqualify him/her from serving and to report the training he/she has attended to comply with this rule.

CRITICAL

The final report must be submitted to the Court and made available to the parties at least seven days before the final hearing, unless the Court extends the due date.

The final report shall be submitted to the Court and made available to the parties for inspection no less than seven (7) days before the final hearing, unless the due date is extended by the Court.

CRITICAL

The guardian ad litem appointment request must be filed no later than 30 days before the custody or visitation hearing.

A party requesting the appointment of a guardian ad litem in a parentage action shall file a written request no later than thirty (30) days prior to the hearing scheduled to determine custody or visitation issues.

CRITICAL

Deadline

1 business days

This form shall be completed or updated and submitted to the Clerk’s Office the next business day following the initial placement

This form shall be completed or updated and submitted to the Clerk’s Office the next business day following the initial placement

CRITICAL

The fiduciary or attorney of record must file an Annual Report on the anniversary of the estate opening.

The fiduciary of an estate or the attorney of record, shall file an Annual Report with the Court on the anniversary date of the estate opening, explaining the status of the estate and the reason for the continuation of administration.

CRITICAL

Applies to

Pre placement application

In a private placement adoption, resident applicants must file the pre-placement application at least 15 days before placement.

not less than fifteen (15) days prior to placement if applicants are residents of Pickaway County, Ohio

CRITICAL

The Notice of Substitution of Counsel is due within seven days after the attorney is retained or appointed.

If an attorney has been retained to represent a party who was previously represented by another attorney, the current attorney shall file a Notice of Substitution of counsel within seven (7) days of being retained by the client or appointed by the Court.

CRITICAL

Applies to

Pre placement application

In a private placement adoption, nonresident applicants must file the pre-placement application at least 30 days before placement.

not less than thirty (30) days prior to placement if applicants are not residents of Pickaway County, Ohio.

CRITICAL

The written custody evaluation report must be provided at least 30 days before the final status conference.

The written report shall be provided at least 30 days prior to the final status conference.

CRITICAL

Applies to

Adoption petition

Married petitioners must have been married for at least one year before filing an adoption petition.

Married petitioners must be married for not less than one (1) year prior to the filing of the petition for adoption.

CRITICAL

An interested party or person may file an objection within fourteen days after service of the notice.

(2) If any party or person having an interest in the property to be sold or leased files an objection within fourteen days of service of the notice, the court may set the receiver’s request for hearing or may rule based on the material on record.

CRITICAL

Failure to file required documents within statutory or rule-based time frames may result in dismissal of the appeal or another disposition directed by the judge.

Failure to file required documents within the time frames required by statute or rule shall be cause for dismissal of the appeal for want of prosecution or other disposition as directed by the judge.

CRITICAL

Applies to

Adoption hearing submissions

The additional adoption-hearing materials must be filed at least one week before the hearing.

The following additional items shall be filed with the Court at least one (1) week prior to the date of the adoption hearing:

CRITICAL

When no statute fixes the filing time, documents must be filed within the times set by App.R. 18 unless the judge grants an extension after notice to opposing counsel or the party.

Where the time for filing is not fixed by statute, the Ohio Rules of Appellate Procedure shall apply. Documents shall be filed within the times indicated by App.R. 18 unless an extension is granted by the judge after notice to opposing counsel or party.

CRITICAL

The Guardian ad Litem must submit an affidavit of fees to the court no later than seven days after the final hearing.

No later than seven days after final hearing in the matter on which the Guardian ad Litem has been appointed, the Guardian ad Litem shall submit an affidavit of fees to the court.

CRITICAL

Applies to

Report of distribution

An applicant for summary release or an appointed commissioner must file a report of distribution within 30 days after application approval or the commissioner’s appointment.

Every applicant for summary release or every appointed commissioner of an estate released from administration shall file a report of distribution within thirty (30) days of approval of the application or appointment of commissioner.

CRITICAL

Deadline

5 court days

Unless the Court orders otherwise, a missing exhibit must be filed separately within five Court days after the faxed document is filed; the Court may strike the document, exhibit, or both if the exhibit is not timely 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. The Court may strike any document or exhibit, or both, if missing exhibits are not filed as required by this section.

CRITICAL

The affidavit of fees must be submitted no later than seven days after the final hearing.

No later than seven (7) days after final hearing in the matter on which the guardian ad litem has been appointed, the attorney/guardian ad litem shall submit an affidavit of fees to the Court.

CRITICAL

Unless otherwise ordered, a trial attorney may not withdraw within 20 days before trial or the setting of a hearing on a motion; substitution of counsel is not a basis to postpone trial or a hearing.

Unless otherwise ordered, a trial attorney shall not be permitted to withdraw at any time later than twenty (20) days in advance of trial or the setting of a hearing on any motion, and unless otherwise ordered, the substitution of a trial attorney shall not serve as the basis for postponement of the trial or any hearing.

CRITICAL

Deadline

24 hours

A courtroom media-permission request must be submitted no later than 24 hours before the session, unless the trial judge permits otherwise; it should be submitted as far in advance as reasonably practical.

Requests for permission to broadcast, televise, record, or photograph in the courtroom shall be in writing to the judge of the Court of Common Pleas to whom the case is assigned as far in advance as reasonably practical, but in no event later than twenty-four (24) hours prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.

CRITICAL

A summary-judgment motion may not be filed after the case is set for pretrial or trial unless the trial judge's leave is first obtained.

No motion for summary judgment shall be filed in any case after it has been set for pre-trial or trial without leave of the trial judge first obtained.

CRITICAL

A response to a written motion other than a summary-judgment motion must be filed within 14 days after service of the motion.

Responses to a written motion, other than motions for summary judgment, shall be filed within fourteen (14) days after service of the motion.

CRITICAL

The settlement entry must be received within 10 days after the party is notified to avoid dismissal.

unless the entry is received within ten (10) days of being notified.

CRITICAL

An opposition brief may be filed within 14 days after objections or supplemental objections; if supplemental objections are filed, the opposing party should file only one opposition brief.

A party opposing the objections and/or supplemental objections may file a brief in opposition within fourteen (14) days from the date of objections or supplemental objections. If supplemental objections are filed, the opposing party should file only one brief in opposition.

CRITICAL

The party filing objections must order the transcript from the Court Administrator and file a Praecipe with the Clerk within the initial 14-day period after the Decision is filed.

The party filing objections shall order the transcript from the Court Administrator and shall file a Praecipe with the Clerk of Courts within the initial fourteen (14) day period after the date the Magistrate’s Decision is filed. See Court’s Website.

CRITICAL

An opposing party must file any objections within 10 days after the first objections are filed.

Any objections by an opposing party shall be filed within ten (10) days after the first objections are filed.