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

CRITICAL

The certificate of service of account must be filed before or simultaneously with the account.

Prior to or simultaneously with filing the account, the Fiduciary must file with the Court a certificate of service of account (SC Form 13.9), as required under R.C. §2109.32(B)(2).

CRITICAL

Deadline

1 working days

If requested, an ex parte hearing must be held by the next working day after filing and supported by sufficient testimony.

An ex parte hearing, if requested, shall be held no later than the next working day after the petition is filed, and shall be supported by sufficient testimony in support of the petition.

CRITICAL

An attorney may not withdraw later than 20 days before trial or a dispositive hearing except in extraordinary circumstances.

No attorney will be pennitted to withdraw from a case later than 20 days prior to a trial or dispositive hearing except for extraordinary circumstances.

CRITICAL

The plaintiff must prepare and deliver a proposed entry confirming the sale to the judge for signature and serve copies upon all parties or their attorneys of record by regular mail within seven days after the date of sale.

The plaintiff must prepare and deliver a proposed entry confirming the sale to the judge for signature and serve copies upon all parties or their attorneys of record by regular mail within seven days after the date of sale.

CRITICAL

The Notice of Intent to Relocate must be filed immediately and at least 30 days before the move, unless the parties previously agree otherwise in writing or the Court orders otherwise.

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. Notice shall be filed no less than thirty (30) days prior to the anticipated relocation, unless otherwise previously agreed in writing by the parties or ordered by this Court.

CRITICAL

Deadline

15 calendar days

Title evidence verified by the updated certification must be updated within 15 calendar days before filing the motion for an order of sale.

This certification, performed in the same manner as in the preceding subparagraph, must verify that the plaintiff has updated its title evidence within 15 Calendar Days before filing the motion

CRITICAL

The final account is due within 30 days after the Court orders termination of the testamentary trust.

A final and distributive trustee’s account must be filed within 30 days of after the Court orders termination of the testamentary trust.

CRITICAL

The Court must receive proof of educational compliance by the applicable final due date unless it grants an extension.

The Court must receive the proof of compliance no later than the final due date under Rule 66.3(H)(1) or (2) above, unless the Court has granted an extension of the due date.

CRITICAL

Counsel shall file and serve upon opposing counsel proposed jury instructions, which contain at least ten (I 0) days prior to the commencement of trial.

Counsel shall file and serve upon opposing counsel proposed jury instructions, which contain at least ten (I 0) days prior to the commencement of trial.

CRITICAL

Deadline

30 calendar days

Notice of a beneficiary’s death is due within 30 calendar days after the death.

If a beneficiary dies, the trustee must notify the Court in writing within 30 Calendar Days after the death.

CRITICAL

Deadline

30 calendar days

The commissioner must file a report of distribution in all release from administration cases within 30 Calendar Days after completing all distributions, but not longer than 90 Calendar Days after filing of the entry relieving the estate from administration.

The commissioner must file a report of distribution in all release from administration cases within 30 Calendar Days after completing all distributions, but not longer than 90 Calendar Days after filing of the entry relieving the estate from administration.

CRITICAL

The Court must be notified of a child’s placement change by the next business day, but no later than seven days from placement.

Portage County Job and Family Services shall notify the Court of any change in placement of a child by the next business day, but no later than seven (7) days from the date of placement, pursuant to R.C. 2151.424, by submitting a new confidential pleading that contains the name, address, and telephone number of the certified foster caregiver, kinship caregiver, or prospective adoptive parent with whom a child has been subsequently placed. (See Appendix D).

CRITICAL

The Notice of Intent to Relocate must be filed at least 30 days before the anticipated relocation, unless the parties previously agree in writing otherwise or the Court orders otherwise.

Notice shall be filed no less than thirty (30) days prior to the anticipated relocation, unless otherwise previously agreed in writing by the parties or ordered by this Court.

CRITICAL

A party filing a motion must comply with the applicable deadline under law, the Rules of Civil Procedure, or a court order.

A party desiring to file a motion must do so within the time required by law, by the Rules of Civil Procedure or by Court order.

CRITICAL

The inventory and appraisal is due no later than three months after the special administrator’s appointment.

The special administrator must file an inventory and appraisal with the Court no later than three months after the date of appointment as special administrator.

CRITICAL

Guardian’s accounts are due every two years; annual accounts are permitted but not required, and an off-year filing does not change the biennial due date.

The time for filing guardian’s accounts has changed from every year to every two years. This is consistent with the statute. If you want to file accounts annually, you may still do so, but you are not required to do annual accounts. Filing an account in an off year does not change the biennial due date.

CRITICAL

The verification of receipt and deposit is due no later than 30 days after entry approving the minor settlement.

In lieu of a report of distribution, the applicant must file a verification of receipt and deposit with the Court no later than 30 days after the entry approving the minor settlement.

CRITICAL

A response to an objection is due no later than 14 days after the objection is filed unless a transcript has been requested.

Any person wishing to respond to an Objection to a Magistrate’s Decision shall do so no later than fourteen (14) days after the Objection to the Magistrate’s Decision is filed, unless a request for a transcript has been filed.

CRITICAL

Deadline

5 court days

The Application to Extend Administration must be filed at least five Court Days before the initial six-month administration period expires.

The application must be filed no later than five Court Days before the date the initial six month administration period expires to enable the Court adequate time to consider and rule on the application.

CRITICAL

If the fiduciary files a notice to extend or the court approves an extension application, the first account or certificate of termination is due no later than 13 months after appointment.

The Fiduciary’s first account or certificate of termination is due no later than 13 months after the date of appointment if the Fiduciary files a notice under subparagraph (1) above, or if the Court approves an application under subparagraph (2) above.

CRITICAL

If a transcript is requested, it must be ordered when the objection, motion to set aside, or appeal is filed.

If a transcript is requested, it must be ordered at the time the Objection to a Magistrate’s Decision, Motion to Set Aside a Magistrate’s Order, or an appeal is filed.

CRITICAL

The mediator or the parties jointly must file a notice of scheduled mediation within 30 days after the referral order.

Within 30 days after the date of that order, the mediator or the parties jointly must file a notice of scheduled mediation, which must, at a minimum indicate the date, time, place and contact information for the mediation.

CRITICAL

A guardian must file an application at least 14 calendar days before a planned relocation to a more restrictive setting.

A guardian who desires to change the residence of a ward to a more restrictive setting under Sup. R. 66.08(E)(2) must file an application with the Court at least 14 Calendar Days before the proposed date of relocation.

CRITICAL

The Sheriff must file the return with the clerk no later than the first Monday after the sale.

Not later than the first Monday following the date of the sale, the Sheriff will file the return with the clerk.

CRITICAL

The initial contact information form must be filed at the commencement of the proceeding.

Every trustee must file an initial contact information form at the commencement of any proceeding and keep the Court informed of any changes in their contact information or beneficiary’s contact information.

CRITICAL

Deadline

30 calendar days

The transcript must be filed within 30 calendar days after the objections are filed, unless the Court grants an extension; late filing may result in dismissal.

The transcript must be filed with the Court no later than 30 Calendar Days after filing the objections, unless the Court grants an extension. Failure to file the transcript within the required time is grounds for dismissal of the objections.

CRITICAL

A party seeking to appear by videoconference must file a request no later than five days before the scheduled event.

Any party desiring to appear for a hearing or conference by videoconference must make a request by filing, no later than five days before the scheduled event.

CRITICAL

An applicant for appointed counsel must pay the application fee when applying or within seven days thereafter.

Each person applying for counsel shall pay a nonrefundable application fee to the Clerk upon application or within seven (7) days thereafter.

CRITICAL

If the parties cannot by written agreement agree that the move is in the best interest of the child(ren), then either the residential parent or nonresidential parent shall file a motion and schedule a hearing to revise the companionship schedule prior to relocating.

If the parties cannot by written agreement agree that the move is in the best interest of the child(ren), then either the residential parent or nonresidential parent shall file a motion and schedule a hearing to revise the companionship schedule prior to relocating.

CRITICAL

The guardian must file an interim report disclosing reportable changes or material circumstances within 30 calendar days after first becoming aware of them.

If the guardian becomes aware of any changes or other material circumstances affecting the ward that would otherwise be required to be disclosed on a guardian’s report, the guardian must file an interim guardian’s report disclosing the change or other material circumstances within 30 Calendar Days after first becoming aware of the changes or circumstances.

CRITICAL

The certificate must be filed within the required time, as extended under Rule 56.1; failure may subject the fiduciary and attorney to citation under Rule 77.

Failure to file the certificate within the required time, as modified by any extension under Rule 56.1, will subject the Fiduciary and the Fiduciary’s attorney to citation under Rule 77.

CRITICAL

The Mediator must respond to the complaint and provide the response to the Court Administrator within fourteen days.

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

CRITICAL

Deadline

48 hours

A party may file an opposition to physical restraints for a subsequent hearing no later than 48 hours before the hearing.

Any party may file an opposition to physical restraints for a subsequent hearing of a child in detention at any time prior to 48 hours before the hearing.

CRITICAL

The citation will give you 20 Calendar Days to file your overdue documents with a very nominal citation cost. Make good use of that grace period because the Court will not extend it.

The citation will give you 20 Calendar Days to file your overdue documents with a very nominal citation cost. Make good use of that grace period because the Court will not extend it.

CRITICAL

A fiduciary must file the status report simultaneously with each partial account or waiver of partial account.

All Fiduciaries of a decedent’s estate must file a status report with the Court simultaneously with filing each partial account or waiver of partial account.

CRITICAL

Proof of compliance for assigned counsel handling delinquency and unruly cases is due by January 31 each year.

All attorneys placed on the assigned counsel list for delinquency and unruly cases as counsel shall provide the Court Administrator with proof of compliance of this Rule by January 31st of each year.

CRITICAL

After dismissal for an untimely judgment entry, counsel wishing to submit an entry must do so within 14 days with a motion to vacate and a proposed entry granting that motion.

Should a judgment entry not be timely filed in accordance with this Rule, the Court may dismiss the pending complaint, counterclaim, or motion without further hearing. Should a matter be so dismissed, and the parties wish to submit an entry thereafter, counsel shall, within fourteen (14) days, submit the judgment entry with a Motion to Vacate the Dismissal and a proposed entry granting the same.

CRITICAL

Deadline

10 calendar days

The objecting party has 10 calendar days after the transcript is filed to supplement the objections with transcript information or citations.

The objecting party will have 10 Calendar Days after the date of filing the transcript in which to supplement its objections with additional information in or citations to the transcript.

CRITICAL

A request for an in camera interview must be filed at least ten days before the pretrial hearing.

Any requests for an in camera interview shall be filed at least ten (10) days before the pretrial hearing.

CRITICAL

When an attorney is required to submit an entry after a settlement, the entry is due within 14 days of the hearing unless the Court orders otherwise.

(A) In cases where complaints, counterclaims and motions have been settled and an attorney has been required to submit a judgment entry, the judgment entry shall be submitted to the Court within fourteen (14) days of the hearing, unless otherwise ordered.

CRITICAL

Adults charged with a criminal offense within the Juvenile Court’s jurisdiction must be arraigned within 21 days after service of the complaint.

(A) All adults charged with a criminal offense for which the Juvenile Court has jurisdiction shall be arraigned within twenty-one (21) days from the date of service of the complaint.

CRITICAL

Deadline

10 court days

The applicant must provide the proposed trust to the Court at least 10 court days before the settlement hearing if the trust will receive settlement proceeds.

If a wrongful death trust under R.C. §2125.03(A)(2) is to receive any settlement proceeds, the applicant must provide the Court with a complete copy of the proposed trust at least 10 Court Days before the settlement hearing.

CRITICAL

An emergency guardianship may last no more than 33 days.

It takes some time to establish a permanent guardianship, and the statute only permits an emergency guardianship to last for 33 days, at most.

CRITICAL

A request to independently record court proceedings must be filed at least five days before the hearing.

Any requests to independently record the proceedings of the Court shall be made in writing and filed with the Court at least five (5) days before the hearing.

CRITICAL

Assigned counsel handling delinquency or unruly cases must complete six hours of relevant continuing legal education during each biannual reporting period.

Attorneys placed on the assigned counsel list who handle delinquency or unruly cases shall complete six (6) hours of continuing legal education in juvenile delinquency or unruly law within their biannual reporting period.

CRITICAL

Deadline

30 calendar days

A guardian must file a final account within 30 Calendar Days after filing notice of the ward’s death or other termination of guardianship, unless the Court requires otherwise.

Every guardian of the estate must file a final account within 30 Calendar Days after filing a notice of the death of ward or other termination of guardianship, unless the Court requires otherwise.

CRITICAL

After filing the first plan and report, the receiver must file updated plans and reports at least semi-annually.

(G) After filing the first plan and report, the receiver must file updated plans and reports no less often than semi-annually.

CRITICAL

The scheduled discovery cutoff is the last date to seek court involvement in discovery absent extraordinary circumstances, but voluntary agreed discovery may continue if it does not delay another scheduled event.

The discovery cutoff date specified in the case schedule will be the last date for any party to seek the involvement of the trial judge in the discovery process by way of motion seeking a ruling, an order, sanctions, or other court action, absent extraordinary circumstances. Voluntary, mutually agreed-upon discovery, including perpetuation of trial testimony by video recording or otherwise, may continue after the discovery cutoff in a manner that does not delay any other event on the case schedule.

CRITICAL

Deadline

30 calendar days

The report or verification is due within 30 calendar days after the Court files its entry approving the application.

The attorney representing the minor, or the responsible party under Rule 67.1(A), is responsible for filing with the Court a report of distribution, or a verification of receipt and deposit of the minor’s funds (SC Form 22.3), within 30 Calendar Days after the Court files its entry approving the application to dispense with a guardianship for a minor.

CRITICAL

A guardian must file the first account by the first appointment anniversary and subsequent accounts every two years by the appointment anniversary, unless the Court orders more frequent accountings.

Every guardian of the estate must file an account on or before the first anniversary of the date of appointment. After filing the first account, the guardian must file an account every two years on or before the appointment anniversary date. The Court may order periodic accountings more frequently.