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

CRITICAL

A fax filing accepted by the Clerk is considered filed on the date the Clerk timestamps receipt, not when it was transmitted.

(A) Subject to the provisions of this Rule, all documents sent by fax and accepted by the Clerk shall be considered filed with the Court as of the date the Clerk timestamps the document received, as opposed to the date and time of the fax transmission.

CRITICAL

A fax received after 4:00 p.m. on a regular business day or at any time on a weekend or holiday is deemed filed on the next regular business day, even though fax transmission is available 24/7.

Although facsimiles may be transmitted 24 hours per day, seven days per week, regardless of whether or not the Clerk's office is actually open, any facsimile received by the Clerk after 4:00 p.m. on a regular business day or anytime on a weekend or holiday, will be deemed filed on the next regular business day.

CRITICAL

A fax filing is accepted as the original and is effective on the date the Court receives both the document and full payment of applicable fees.

A document filed by fax will be accepted as the original filing and will be effective as of the date in which the Court receives the document and full payment of applicable filing fees.

CRITICAL

A written consent filed in an adoption case must be no more than six months old when the petition is filed.

Any written consent filed with Court must be signed and dated not more than six months before the date of filing the petition for adoption.

CRITICAL

Background checks for a minor trustee appointment must be dated no more than 90 days before the application date.

All background checks must be dated not more than 90 days before the date of the application for appointment as trustee.

CRITICAL

A Juvenile Domestic Violence Civil Protection Order petition must be promptly filed when presented to the Clerk of Courts.

A petition for a Juvenile Domestic Violence Civil Protection Order shall be promptly filed when it is presented to the Clerk of Courts.

CRITICAL

New cases and filings requiring a fee must be submitted by 3:30 p.m.; filings submitted after that time will not be reviewed and filed until the following Court Day.

New cases and any filing that requires payment of a fee must be submitted for filing by 3:30 p.m. Filings on or before 3:30 p.m. will be processed that day. Filings after 3:30 p.m. will not be reviewed and filed until the following Court Day.

CRITICAL

Deadline

3 court days

The Court has three Court Days after submission to review the account; if complete, it is deemed filed on the submission date regardless of the file-stamp date.

The Court will have three Court Days from the date the guardian submits the account in which to review the account and the supporting documentation to determine whether the account is complete and acceptable for filing. If the Court determines that the account is complete, the account will be deemed filed as of the date of submission, regardless of the date file stamped on the account.

CRITICAL

If the residential parent intends to move to a residence outside Portage County, he/she shall immediately file a Notice of Intent to Relocate with the Clerk of Courts and shall serve copies upon the Court, CSEA and the other parent.

If the residential parent intends to move to a residence outside Portage County, he/she shall immediately file a Notice of Intent to Relocate with the Clerk of Courts and shall serve copies upon the Court, CSEA and the other parent.

CRITICAL

If the Court finds an account incomplete, the guardian has five Court Days to correct it unless the Court grants more time.

If the Court determines that the account is not complete, the Guardian will have five Court Days to correct the problem, unless the Court grants additional time.

CRITICAL

Adoption criminal background checks must be dated no more than 90 days before the petition is filed, except when a completed home study is filed simultaneously.

Criminal background check results must be dated no more than 90 days before the filing of the petition for adoption. The 90 day requirement does not apply in cases in which a completed home study is being filed simultaneously with the petition for adoption.

WARNING

The sender bears the risk that a fax is successfully transmitted to and received by the Court.

The sender bears the risk of successful transmission to and receipt by the Court.

WARNING

You must monitor filing due dates and create your own calendar alerts because the Court does not send reminders.

It is your responsibility to manage and monitor your calendar for due dates. You need to create your own calendars and alerts. The Court does not send you reminders.

WARNING

Anyone choosing electronic filing bears the risk that transmission disruptions or readability problems may prevent proper filing.

(6) Any attorney, party or other person who elects to file any document electronically will be responsible for any delay, disruption, interruption of electronic signals and readability of the document and, accepts the full risk that the document may not be properly filed with the clerk of courts as a result.

WARNING

The sending party bears the risks and responsibility for confirming receipt, and is urged to verify receipt through available technology.

(B) The risks of transmitting a document by fax to the Clerk’s Office shall be borne entirely by the sending party. Burden of confirming receipt of a fax filing is on the sending party. Anyone using fax filing is urged to verify receipt of such filing by the Clerk through whatever technological means are available.

WARNING

Motion time requirements under this rule yield to a different time requirement in the Ohio Rules of Civil Procedure or a contrary court order.

This Rule governs time requirements relating to motions, unless a different time requirement is specifically stated in the Ohio Rules of Civil Procedure or unless the Court orders otherwise.

INFO

The Court may hold a submitted document for as long as it deems necessary for additional review.

The Court reserves the right to hold any document submitted for filing for as long as the Court deems necessary for additional review.

INFO

The Court may schedule truly uncontested guardianship cases more quickly without waiting for service of hearing notice, subject to the Court Investigator’s availability.

Local Rule 66.5 establishes a process in which the Court will schedule a truly uncontested guardianship case more quickly because there is no need to wait for service of notice of the hearing. While scheduling is still dependent upon the Court Investigator’s availability, this expedited process may help facilitate a faster guardianship appointment in many cases.

CRITICAL

An untimely motion, response, or reply may not be accepted unless the late-filing party establishes exceptional circumstances caused the delay and no prejudice to the opposing party.

Failure to file any motion, response or reply within the required time may result in the Court not accepting the pleading for filing, unless the party late in filing can establish that the delay was a result of exceptional circumstances and that the opposing party will not be prejudiced by the filing delay.

CRITICAL

Filings must be received within the time required by law, subject to an extension under Rule 56, and late filings may subject the Fiduciary and attorney to compliance enforcement under Rule 77.

All filings must be received by the Court within the time required by law, subject to extension under Rule 56. Late filings will subject the Fiduciary and the Fiduciary’s attorney to compliance enforcement under Rule 77.

CRITICAL

A motion for leave to exceed the page limits must be made no later than seven days before the filing time, except for good cause shown.

Requests for leave to file memoranda in excess of the page limits must be made by motion no later than seven days prior to the time for filing the document, except for good cause shown.

CRITICAL

The default-judgment affidavit must be filed no later than the day the motion is filed.

The affidavit must be filed no later than the day of filing the motion for default judgment.

CRITICAL

Deadline

2 business days

The Clerk must deliver the post-conviction petition to the trial judge within two business days after filing.

The Clerk will deliver the post-conviction petition to the trial judge no later than two business days after it has been filed.

CRITICAL

An adult charged with a misdemeanor offense may demand a jury in writing, and this demand shall be filed no later than thirty (30) days prior to the date set for trial or before the third (3rd) day following the receipt of notice of the date for trial, whichever is later. A Defendant’s failure to demand a jury trial as stated in this Rule shall be deemed a complete waiver of the rights thereto.

An adult charged with a misdemeanor offense may demand a jury in writing, and this demand shall be filed no later than thirty (30) days prior to the date set for trial or before the third (3rd) day following the receipt of notice of the date for trial, whichever is later. A Defendant’s failure to demand a jury trial as stated in this Rule shall be deemed a complete waiver of the rights thereto.

CRITICAL

The guardian must file an interim plan disclosing material plan changes within 30 calendar days after first becoming aware of the relevant circumstances.

If the guardian becomes aware of any changes in circumstances affecting the ward that necessitate material changes in the most recently filed guardianship plan, the guardian must file an interim guardianship plan disclosing the plan changes within 30 Calendar Days after first becoming aware of the changes in the ward’s circumstances.

CRITICAL

Deadline

10 court days

The plaintiff must file the status report at least 10 court days before the status conference.

At least 10 Court Days before the status conference, the plaintiff must file a status report

CRITICAL

A decedent’s estate Fiduciary must file a final and distributive account or certificate of termination within six months of appointment, subject to an exception whose terms are cut off in the provided text.

The Fiduciary of a decedent’s estate must file a final and distributive account or a certificate of termination within six months after the date of appointment, unless the circumstances of

CRITICAL

Requests for payment for services rendered shall be submitted to the Court within thirty (30) days of the last court appearance.

Requests for payment for services rendered shall be submitted to the Court within thirty (30) days of the last court appearance.

CRITICAL

The objecting party may file a supplemental memorandum no later than 10 days after the transcript is filed with the Court.

The party objecting to the Magistrate’s Decision may file a memorandum supplementing their Objection no later than ten (10) days after the filing of a transcript with the Court.

CRITICAL

The moving party must ensure the Court Reporter has filed the transcript within thirty (30) days after the filing of the Motion, unless the Judge, in writing, extends the timeframe.

The moving party must ensure the Court Reporter has filed the transcript within thirty (30) days after the filing of the Motion, unless the Judge, in writing, extends the timeframe.

CRITICAL

The transcript-cost balance is due within 10 days after transcript completion.

The balance of the transcript cost must be paid to the Court Reporter within ten (10) days of the completion of the transcript.

CRITICAL

Unless terminated sooner, special administration must be converted to regular administration on or before the account’s due date.

If not terminated sooner, the special administration must be converted to a regular administration on or before the due date of the account. In the absence of any other suitable application, the special administrator must file all necessary documents for appointment as the administrator or administrator with will annexed.

CRITICAL

The GAL must respond to the complaint and provide the response to the Court Administrator within fourteen days of the written instruction.

(F) The Court Administrator shall provide a copy of the complaint to the Judge and send a copy to the GAL with written instruction that the GAL shall have fourteen (14) days to respond to the complaint and provide said response to the Court Administrator.

CRITICAL

Untimely filing of an interim guardianship plan is grounds for removal of the guardian.

Failure to file an interim guardianship plan in a timely manner is grounds for removal of the guardian.

CRITICAL

A recoupment motion must be filed within 90 days after counsel or a public defender is appointed, absent substantial good cause.

(C) Absent a showing of substantial good cause, any motion seeking recoupment pursuant to the Portage County Indigent Assigned Counsel Recoupment Policy shall be filed within ninety (90) days following the appointment of assigned counsel or the public defender.

CRITICAL

An emergency guardianship initially lasts 72 hours.

Even though it only lasts for 72 hours initially, it is still a very intrusive measure.

CRITICAL

Deadline

10 calendar days

The opposing party has 10 calendar days after the objections or a supplement is filed to file an opposition memorandum.

The opposing party will have 10 Calendar Days after the objecting party files its objections, or supplement to objections, in which to file a memorandum in opposition to the objections.

CRITICAL

Deadline

5 court days

Unless the Court orders otherwise, missing exhibits must be filed within five Court days after the faxed document is filed.

Unless the Court otherwise orders, the missing exhibit(s) shall be filed with the Court, not later than five (5) Court days following the filing of the facsimile document.

CRITICAL

The transcript deposit is due within 14 days after the written cost estimate is issued.

A deposit of one-half (1/2) the estimated cost of the transcript must be paid by the requesting party to the Court Reporter within fourteen (14) days of the issuance of the written cost estimate or the request will be considered withdrawn.

CRITICAL

An objection to a Magistrate’s Decision must be filed no later than 14 days after the decision is entered.

The Objection shall be filed no later than fourteen (14) days after the Magistrate’s Decision is entered.

CRITICAL

Deadline

30 calendar days

The photocopy of the recorded order is due within 30 calendar days after the order date.

The Fiduciary must also file a photocopy of the recorded order with the Court within 30 Calendar Days after the date of the order.

CRITICAL

Deadline

60 calendar days

When a wrongful-death-only or survival-only estate settlement allocates any proceeds to survival claims, the final and distributive account is due within 60 Calendar Days after the settlement entry is filed.

When an estate for wrongful death or survival purposes only is settled, and all or a portion of the settlement proceeds are allocated to survival claims in the entry approving settlement, the Fiduciary must file a report of distribution as required in the entry and must file a final and distributive account within 60 Calendar Days after the date of filing the entry approving settlement.

CRITICAL

Dispositive motions must be filed by the date set in the case schedule or a court order.

All dispositive motions must be filed no later than the date specified in the case schedule or court order.

CRITICAL

If an ex parte order is issued, a full hearing must be scheduled within 10 days after the order is granted.

If the Court issues an ex parte order, a full hearing must be scheduled within ten (10) days of the ex parte order being granted.

CRITICAL

The first plan and report of activity to date must be submitted no later than two months after the receiver's appointment.

(C) The first plan (and report of activity to date) must be submitted no later than two months after appointment of the receiver.

CRITICAL

Adult trials must be held within 90 days after the complaint is filed.

(C) All adult trials shall be held within ninety (90) days from the date the complaint is filed.

CRITICAL

For the specified child abuse, neglect, or dependency objections, a responsive memorandum must be filed within 10 days after the supporting memorandum is filed.

Any responsive memorandum shall be filed within ten (10) days of the filing of the memorandum in support of the Objection;

CRITICAL

The written receivership plan must be provided at the outset or as soon thereafter as information becomes reasonably available.

(A) At the outset of the receivership, or as soon thereafter as information becomes reasonably available, the court must be provided with a written plan for the receivership.

CRITICAL

Only one 30-day extension is allowed, and it follows a hearing.

The statute allows only one 30-day extension after a hearing.

CRITICAL

The application fee is due upon application or within seven days thereafter.

The Juvenile’s parent(s), legal guardian(s), or legal custodian(s) shall pay a nonrefundable application fee to the Clerk upon application or within seven (7) days thereafter.