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

CRITICAL

Unless the Court orders otherwise, a memorandum contra must be filed no later than the fourteenth day after the motion is filed.

Once the initial motion has been filed, any memorandum contra to the motion must be filed and served upon opposing counsel no later than the fourteenth day following the filing of the motion, unless the Court orders otherwise.

CRITICAL

Proof of compliance for assigned counsel handling dependent, neglect, or abuse cases is due by January 31 each year.

All attorneys placed on the assigned counsel list for dependent, neglect, and/or abuse cases as counsel shall provide the Court Administrator with proof of compliance of this Rule by January 31st of each year.

CRITICAL

Deadline

1 business days

Within one business day after filing an ex parte or emergency request, the Judge or Magistrate must review it and decide whether to issue an order, schedule a hearing, or deny the request.

Within one (1) business day of the filing of complaints and other pleadings wherein an ex parte hearing or order and/or emergency hearing or order is requested, the Judge or a Magistrate shall review the filings and supporting affidavit(s) and document(s) and determine whether to issue the ex parte or emergency order, whether to schedule the matter for hearing immediately or within two (2) business days to allow the Petitioner to present sworn testimony, or to deny the request.

CRITICAL

If no hearing request is received, the Court must schedule a hearing within twenty-one days from service.

In the event no request for a hearing is received, the Court shall schedule a hearing within twenty-one (21) days from the date of service.

CRITICAL

For the specified child abuse, neglect, or dependency objections, the Court Reporter must prepare and provide transcript copies to the requesting party within 14 days after the praecipe is filed.

If the Objection is to a Magistrate’s Decision adjudicating a child to be abused, neglected or dependent, or dismissing a complaint alleging same, the Court Reporter shall prepare and provide copies of the transcript to the party requesting the transcript within fourteen (14) days of the filing of a praecipe.

CRITICAL

If no loss mitigation is under review, plaintiff’s counsel must file a dispositive motion within 60 days after service on all defendants.

If no loss mitigation i~ under review, Plaintiffs counsel shall file a dispositive motion within 60 days of service on all Defendants.

CRITICAL

The incident report must be filed immediately.

The Rule requires guardians to immediately file a written incident report to inform the Court of any potentially harmful activity involving the ward.

CRITICAL

The Clerk’s timestamp, not the fax machine’s timestamp, determines the filing date and time; for filing deadlines, a pleading is deemed filed when the Clerk time-stamps it.

The date/time of filing is not determined by the facsimile machine date/time stamp, but is determined by the Clerk's time stamp. For purposes of any filing deadline imposed by the Ohio Rules of Civil Procedure, the Ohio Rules of Criminal Procedure, these rules or court order, a pleading will be deemed filed on the date and time that the Clerk time stamps such document.

CRITICAL

A request to withdraw as counsel must be made no later than fifteen days before trial.

The request must be made no later than fifteen days before trial.

CRITICAL

A response to a Motion to Set Aside is due no later than 10 days after the motion is filed unless a transcript has been requested.

Any person wishing to respond to a Motion to Set Aside a Magistrate’s Order shall do so no later than ten (10) days after the Motion is filed, unless a request for a transcript has been filed.

CRITICAL

The moving party must ensure the Court Reporter files the transcript within 30 days after the objections are filed, unless the Judge extends the timeframe in writing.

It is the moving party’s responsibility to ensure the Court Reporter has filed the transcript within thirty (30) days after the filing of the Objections, unless the Judge, in writing, extends the timeframe.

CRITICAL

If no law or other rule sets the deadline, pleadings or amended pleadings must be filed by the seventh day after the entry requiring or granting leave, unless the entry specifies otherwise.

In all cases where the time for the filing of pleadings or amended pleadings is not fixed by law or other rule, the pleadings or amended pleadings must be filed on or before the seventh day after the date of the entry requiring or granting leave for the filing of pleadings or amended pleadings, unless otherwise specified in the entry.

CRITICAL

Fiduciaries other than special administrators under Rule 60.1 must file accounts within the time required by law, or face the Rule 77 citation and compliance process.

All Fiduciaries, except special administrators under Rule 60.1, must file their accounts within the time required by law. Failure to file an account within the required time will subject the Fiduciary to the citation and compliance process in Rule 77.

CRITICAL

Deadline

10 calendar days

The Fiduciary must record a certified copy of the order in the office of the recorder in the county in which the real property is located within 10 Calendar Days after

The Fiduciary must record a certified copy of the order in the office of the recorder in the county in which the real property is located within 10 Calendar Days after

CRITICAL

A purchaser has 30 calendar days from signing the purchase contract to obtain an attorney’s title opinion, title-insurance commitment, or other evidence of title.

The purchaser of the real estate in any land sale proceeding, whether by private sale or public auction, will have 30 Calendar Days from the date of signing the purchase contract in which to obtain an attorney’s opinion of title, commitment for title insurance or other evidence of title to the property.

CRITICAL

If you miss the preceding Monday, you may still file the overdue document or apply for an extension after the grace period, up to one minute before the citation hearing begins.

If you do not get everything in by the preceding Monday, you can still file the overdue document or you can apply for an extension of time to file it after the grace period expires clear up to the minute before the citation hearing is scheduled to begin.

CRITICAL

Deadline

15 calendar days

The title examination verified by the complaint’s certification must be obtained within 15 calendar days before filing the complaint.

The certification must verify that the plaintiff obtained an examination of title to the real estate within 15 Calendar Days before filing the complaint

CRITICAL

The Fiduciary must apply for court approval of the written fee agreement within 15 days after the parties sign it.

The Fiduciary must apply to the Court for approval of the written fee agreement within 15 days after the Fiduciary and the attorney have signed the proposed fee agreement.

CRITICAL

Adults held in jail in lieu of bond must be arraigned within 24 hours of arrest or the morning of the Court’s next business day.

(E) Adults held in jail in lieu of bond shall be arraigned within twenty-four (24) hours of the date of their arrest or the morning of the next business day of the Court.

CRITICAL

Guardians appointed on or before April 22, 2022 must complete the fundamentals course by December 31, 2022; those appointed later must complete it within six months of appointment.

Guardians of mentally incompetent adults whose date of appointment as guardian is on or before April 22, 2022 must complete the guardian fundamentals course in Sup. R. 66.06 by December 31, 2022. Guardians of mentally incompetent adults whose date of appointment as guardian is after April 22, 2022 must complete the guardian fundamentals course in Sup. R. 66.06 within six months after the date of appointment.

CRITICAL

For a permanent relocation or one lasting more than 90 calendar days, the guardian must notify the Court in writing on SC Form 27.3 within 30 calendar days after relocation.

If the ward relocates to a different principal residence, and the relocation is intended to be permanent or for a period of more than 90 Calendar Days, the guardian must notify the Court in writing within 30 Calendar Days after the relocation (SC Form 27.3).

CRITICAL

The defendant and surety must show good cause against entry of judgment by the date stated in the notice.

The Defendant and surety, on or before the date set forth, shall show good cause why judgment should not be entered against them.

CRITICAL

A motion to set aside a Magistrate’s Order must be filed within ten days after the order is entered.

(A) Magistrates may issue orders and any party may file a motion with the Court to set aside a Magistrate’s Order, as provided by Juv.R. 40, which shall be heard by the Judge. The Motion shall be filed no later than ten (10) days after the Magistrate’s Order is entered.

CRITICAL

After the grace period expires, you may file the overdue document or apply for an extension at least three days before the citation hearing, paying a $15 citation cost and $50 sanction plus the normal filing fee.

As restructured, this Rule now even allows you to file the overdue document or you can apply for an extension of time to file it after the grace period expires. If you do so at least three days before the scheduled citation hearing, each responsible person must pay a $15.00 citation cost plus a $50.00 sanction, in addition to the normal document filing fee.

CRITICAL

An act is performed in a timely manner only if completed before the applicable deadline expires.

The phrase “timely manner” means that an act was performed before expiration of the time required for that act to be completed under applicable law or under these Rules.

CRITICAL

The Clerk receives electronic documents continuously, but a pleading subject to a filing deadline is deemed filed on the date it is time-stamped, using Eastern Standard time.

(C) Hours of Operation (1) The Clerk of Courts receives electronic documents 24 hours per day, seven days per week, regardless of whether or not the Clerk's office is actually open. However, for purposes of any filing deadline imposed by these rules or by court order, a pleading will be deemed filed on the date that the Clerk time stamps the document. (2) Time at the Court (Eastern Standard) governs, rather than the time zone from which the filing is made.

CRITICAL

Payment requests in abuse, neglect, or dependency cases must be submitted within thirty days of events listed in the continuation of subsection (F).

(F) Any request for payment for services rendered in an abuse, neglect, or dependency case shall be submitted within thirty (30) days of the following events:

CRITICAL

Assigned counsel handling dependent, neglect, or abuse cases must complete six hours of relevant continuing legal education during each biannual reporting period.

Attorneys placed on the court appointed list who handle dependent, neglect, and/or abuse cases shall complete six (6) hours of continuing legal education in juvenile dependency, neglect, and/or abuse law within their biannual reporting period.

CRITICAL

Deadline

14 calendar days

Unless every person and entity entitled to notice files a waiver and consents, the hearing must be held no sooner than 14 calendar days after the motion is filed.

Unless all persons and entities entitled to notice under this Rule have filed a waiver of notice and consent to abandon real property, the Court will hold a hearing on the motion no sooner than 14 Calendar Days after the date of filing the motion.

CRITICAL

After the first partial account, the fiduciary must file an account annually by the anniversary date of the thirteenth month after appointment.

After the first partial account, the Fiduciary must file an account with the Court annually, on or before the anniversary date of the thirteenth month after the Fiduciary’s appointment.

CRITICAL

If the court denies the extension application, the final and distributive account or certificate of termination is due within 60 Calendar Days after the initial six-month administration period expires.

The Fiduciary’s final and distributive account or certificate of termination is due no later than 60 Calendar Days after expiration of the initial six month administration period if the Court denies the application under subparagraph (2) above.

CRITICAL

The extension motion and supporting affidavit must be filed by the expiration of the time to move or plead.

The motion and affidavit must be filed on or before the expiration of the time to move or plead.

CRITICAL

Deadline

5 court days

The parties must submit the mediation memorandum to the mediator at least five Court Days before mediation.

At least five Court Days before the mediation, the parties must submit to the mediator a short memorandum stating the legal and factual positions of each party, as well as other material information each party believes would be beneficial to the mediator, including without limitation: (i) a summary of material facts; (ii) a summary of legal issues; (iii) the status of discovery; (iv) a list and explanation of special damages and a summary of all injuries or damages; and (v) settlement attempts to date, including demands and offers.

CRITICAL

The guardian must deposit the ward’s will by the earlier of the inventory filing date or 30 calendar days after discovering the will.

The guardian must deposit the will(s) no later than the earlier of: (i) the date of filing the inventory; or (ii) 30 Calendar Days after discovery of the ward’s will(s).

CRITICAL

Trust accounts are due every two years.

Trust accounts are also due every two years.

CRITICAL

Deadline

10 calendar days

The required fee-hearing materials must be provided to the Court within 10 calendar days before the hearing.

Within 10 Calendar Days before the hearing, the attorney must provide the Court with a copy of the fee agreement, all billing statements and all other information relating to how the attorney computed his or her requested fee.

CRITICAL

The trustee’s bond or bond-conversion verification and final guardian’s account are due within 30 days after issuance of the conversion judgment entry.

Upon the approval of an application to convert a minor guardianship to a minor trust, the guardian must file a trustee’s bond or verification of the conversion of the bond, and a final guardian’s account within 30 days following the issuance of the judgment entry converting a minor guardianship to minor trust.

CRITICAL

The guardian must file the first report by the second appointment anniversary and subsequent reports by the appointment anniversary every two years.

The guardian of an incompetent adult must file a guardian’s report under R.C. §2111.49 with the Court on or before the second anniversary of the date of the guardian’s appointment and on or before the appointment anniversary date every two years thereafter.

CRITICAL

The written address-change notice must be provided within seven days of the change.

Any party or Attorney whose address changes once the party or Attorney enters an appearance or is served, shall notify, in writing, the Court and all other parties and counsel of the new address within seven (7) days of the change. The written notification shall be docketed in the case by the clerk and all parties shall serve that party or Attorney at the new address docketed.

CRITICAL

Ordinarily, 14 days must elapse after service of an updated plan or report before fees or other proposed receivership action are approved, but the court may alter the period for good cause.

Ordinarily, no approval of fees or other proposed action in a receivership will occur unless 14 days have elapsed following service of an updated plan or report, in order to allow interested parties to comment or object. However, for good cause the court may alter this notice period.

CRITICAL

When a rule does not specify calendar or court days, count calendar days, including days the Court is closed.

“Calendar Days” includes every day, regardless of whether the Court is open that day or not. “Court Days” are only those days that the Court is open. If a Rule is silent, assume that it means “Calendar Days.”

CRITICAL

Sentencing hearings must be held within 30 days after trial concludes.

(D) All sentencing hearings shall be held within thirty (30) days after the trial has concluded.

CRITICAL

If the parties fail to dismiss a settled case within 30 days of notifying the com1 of settlement, then the court may administratively dismiss the case.

If the parties fail to dismiss a settled case within 30 days of notifying the com1 of settlement, then the court may administratively dismiss the case.

CRITICAL

If you need more time, apply for an extension before the filing due date.

If you find that you are running out of time, apply for an extension before the due date.

CRITICAL

When an ex parte or emergency order is issued, the Court must schedule a review hearing within fourteen days if requested or deemed appropriate by the Court.

When an ex parte or emergency order is issued, the Court shall schedule a review hearing within fourteen (14) days, if requested or if deemed appropriate by the Court.

CRITICAL

Time limits under the case-flow management rules are calculated from the filing date of the initial document invoking the court’s jurisdiction.

The time limits in these case-flow management rules will be calculated from the date of filing of the initial document invoking the jurisdiction of the Common Pleas Court.

CRITICAL

Court-ordered reports must be filed at least 14 days before the hearing for which they were ordered, unless the Court modifies the time frame.

Any court-ordered reports, including but not limited to, a psychological evaluation, dispositional recommendation/screen, pre-dispositional recommendation, substance abuse assessment, Department of Youth Services recommendation, and detention evaluation shall be filed with the Court at least fourteen (14) days prior to the scheduled hearing for which the report was ordered. The Court may modify this time frame at its discretion.

CRITICAL

Deadline

5 calendar days

Proof of publication must be filed no later than five calendar days before the hearing.

The applicant must file proof of publication of the notice with the Court no later than five Calendar Days before the date of hearing on the application.

CRITICAL

The guardianship plan must be filed every two years.

The guardianship plan required by Sup. R. 66.08(G) must be filed biennially as an addendum to the guardian’s report (See Local Rule 66.3(F)).

CRITICAL

The Notice to Extend Administration is due by the expiration of the initial six-month administration period.

The notice must be filed no later than the date the initial six month administration period expires.