Pike County Court, Ohio Filing Timing and Cure Windows

CRITICAL

After a complaint is filed, a summons must be issued forthwith, signed by the Clerk or Deputy Clerk, and bear the Court's seal.

Upon filing of a complaint, summons shall be forthwith issued, signed by the Clerk or Deputy Clerk, and shall bear the seal of the Court.

WARNING

Upon receiving papers for filing, the Clerk must docket them and place the originals in the file jacket without delay.

The Clerk shall, upon receiving papers for filing, docket same and place the original of said papers in the file jacket without delay.

INFO

Settlement entries may be filed at any time.

9.11 SETTLEMENT ENTRIES. Entries of settlement may be filed at any time.

CRITICAL

A witness-subpoena precipe must be filed with the Clerk at least five days before trial, excluding intervening Saturdays, Sundays, and holidays.

9.08 SUBPOENA. A precipe for subpoena of witnesses shall be filed with the Clerk no later than five (5) days (excluding intervening Saturdays, Sundays, and holidays) before the date of trial.

CRITICAL

The prosecuting attorney must make a discovery motion within 7 days after the defendant obtains discovery or 3 days before trial, whichever comes first.

The prosecuting attorney shall make his motion for discovery within seven (7) days after the defendant obtains discovery or three days before trial, whichever is earlier.

CRITICAL

After receiving the precipe or court order, the Clerk must issue the Writ of Execution to the Sheriff, who must execute it within ten days unless a written motion for stay has been filed.

Upon the receipt of the precipe or order of the Court, the Clerk shall issue to Sheriff a Writ of Execution for the premises and the Sheriff shall execute the Writ within ten (10) days, unless a written motion for stay has been filed.

CRITICAL

Opposing counsel must approve or reject the judgment entry within five days.

Opposing counsel shall approve or reject the entry within five (5) days.

CRITICAL

Deadline

7 calendar days

A motion to withdraw must be filed at least seven calendar days before the hearing unless the Court allows a shorter period.

(e) the motion is filed seven (7) calendar days prior to the hearing date or such shorter period as the Court may allow

CRITICAL

A witness-subpoena precipe must be filed with the Clerk at least 5 days before trial, excluding intervening Saturdays, Sundays, and holidays.

A precipe for subpoena of witnesses shall be filed with the Clerk no later than five (5) days (excluding intervening Saturdays, Sundays, and holidays) before the date of trial.

CRITICAL

A jury demand must be filed at least 10 days before trial or by the third day after notice of the trial date, whichever is later; failure to demand a jury waives the right.

A demand for trial by jury must be in writing and filed with the Clerk of Courts not less than ten (10) days prior to the date set for trial, or on or before the third day following receipt of notice of the date set for trial, whichever is later. (b) Failure to demand a jury trial as provided herein is a complete waiver of the right thereto.

CRITICAL

A settlement may avoid trial without an entry, but the settlement entry must be filed within 30 days or the case may be dismissed for want of prosecution.

The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within 30 days or the case may be dismissed for want of prosecution.

CRITICAL

Trial counsel must file a pretrial statement at least seven days before the pretrial conference.

At least seven (7) days prior to the pretrial conference, trial counsel shall file a pretrial statement.

CRITICAL

Unless the Magistrate or Judge issues the writ at the hearing, the plaintiff must file a precipe for a Writ of Restitution within 15 days after judgment.

The plaintiff shall file with the Clerk a precipe for a Writ of Restitution within 15 days after the date of the judgment unless the Magistrate or Judge issues the Writ at the time of the hearing.

CRITICAL

Defects in instituting the prosecution or in the charging document, motions to suppress illegally obtained evidence, and severance requests must be raised before trial.

The following must be raised before trial: (a) Defenses and objections based on defects in the institution of the prosecution (b) Defenses and objections based on defects in the indictment, information, or complaint (c) Motions to suppress evidence, including but not limited to statements and identification testimony, on the ground that it was illegally obtained (d) Requests for severance of charges or defendants

CRITICAL

A defendant must make a discovery motion within 21 days after arraignment or 7 days before trial, whichever comes first.

A defendant shall make his motion for discovery within twenty-one days after arraignment or seven (7) days before the date of trial, whichever is earlier.

CRITICAL

Discovery disputes must be brought to the Court by written motion within 7 days after the pre-trial conference or 7 days before trial, whichever comes first.

All discovery disputes shall be brought to the attention of the Court by written motion within seven (7) days after the pre-trial conference, or seven (7) days before trial, whichever is earlier

CRITICAL

After service fails, the Clerk must notify the plaintiff that the case will be dismissed within 60 days unless the plaintiff provides a new address for the defendant.

Upon failure of service on defendant, the Clerk shall notify the plaintiff that the case will be dismissed within 60 days unless plaintiff provides the Clerk a new address for defendant.

CRITICAL

For jury cases, trial briefs and jury instructions must be filed in the Clerk’s office seven days before trial, and requested instructions must include their text and supporting authority citations.

9.15 TRIAL BRIEFS AND JURY INSTRUCTIONS. Trial briefs and jury instruction's shall be filed in the Clerk's office on all jury cases seven (7) days prior to trial and shall include the text of, and citations of authority for any instructions requested by counsel.

CRITICAL

The judgment entry must be submitted to the Judge within 15 days of the decision; otherwise, the Court will prepare it.

Within 15 days of the decision, the judgment entry shall be submitted to the Judge or the Court will prepare the judgment entry.

CRITICAL

Pre-trial motions other than discovery or bill-of-particulars requests must be made within 35 days after arraignment or 7 days before trial, whichever comes first.

All pre-trial motions except for requests for discovery and/or bill of particulars shall be made within 35 days after arraignment or seven (7) days before trial, whichever is earlier.

CRITICAL

When appropriate under the Rules of Civil Procedure, counsel must submit a default-judgment application within 15 days or the case may be dismissed for want of prosecution.

9.12 DEFAULT JUDGMENT. Where appropriate under the Rules of Civil Procedure, counsel shall submit an application for default judgment within 15 days or the case may be dismissed for want of prosecution.

WARNING

If a case is inactive for three months and is not set for trial, the Clerk must notify the party that it will be dismissed within one week unless good cause is shown.

9.14 DORMANT CASES. If no action has been taken on a file for a three (3) month period and the case is not set for trial, then the Clerk shall notify the party that the matter will be dismissed within one (1) week unless good cause is shown.

WARNING

A defendant may file a written Not Guilty plea before the arraignment date.

A plea of Not Guilty may be entered in writing prior to the date of arraignment.

INFO

Before trial, a party may raise by motion any defense, objection, evidentiary issue, or request that can be decided without trying the general issue.

Prior to a trial, any party may raise by motion any defense, objection, evidentiary issue, or request that is capable of determination without the trial of the general issue.