Portsmouth Municipal Court, Ohio Filing Timing and Cure Windows

WARNING

The clerk must immediately forward a responsive pleading and the file to the judge after the pleading is filed.

(3) After any responsive pleading is filed, the clerk shall immediately forward said pleading and file to the judge so the matter may be set for hearing.

INFO

Settlement entries may be filed at any time.

Entries of Settlement may be filed at any time.

CRITICAL

All praecipes for witnesses shall, unless the case is set for trial less than three (3) days in advance, be filed not less than three (3) days prior to trial date.

All praecipes for witnesses shall, unless the case is set for trial less than three (3) days in advance, be filed not less than three (3) days prior to trial date.

CRITICAL

If a case has been inactive for six 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.

(4) If no action has been taken on a file for a six (6) 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.

CRITICAL

Deadline

72 hours

A subpoena duces tecum must be filed 72 hours before the hearing date.

Subpoena Duces Tecum…………………………. 15.00 - paid to witness (must file 72 hrs. prior to hearing date)

CRITICAL

A criminal jury demand must be filed by the later of at least 10 days before trial or the third day after notice of the trial date; otherwise the jury right is completely waived, with no exceptions.

In criminal cases the demand for jury trial must be filed within the time limits set forth in Ohio Criminal Rule 23(A), that is, not less than ten (10) days prior to trial date, or on or before the third day following receipt of notice of the day set for trial, whichever is later. Failure to demand a jury trial within the time limits set forth is a complete waiver of the right to trial by jury, and absolutely no exceptions to this rule will be allowed.

CRITICAL

Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.

Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.

CRITICAL

Parties may file written objections to the magistrate’s findings within 14 days.

inform the parties that they may file objections to the Magistrate's findings within fourteen (14) days, in writing.

CRITICAL

Parties may file written objections to the magistrate’s findings within 14 days.

inform the parties that they may file objections to the Magistrate's findings within fourteen (14) days in writing.

CRITICAL

The bailiff may not proceed with the requested action until the praecipe has been filed with the Court.

When a judgment has been rendered ordering a defendant to vacate premises, the bailiff shall not proceed until there is filed with the Court a praecipe requesting such action, and the praecipe shall be accompanied by a deposit in accordance with the Court's Court Costs Schedule.

CRITICAL

After service is perfected, the clerk must notify counsel that failure to submit an entry within fifteen days may result in dismissal.

(2) Upon perfection of service, the clerk shall notify counsel of the default and that a failure to submit an entry within fifteen (15) days may result in the case being dismissed.

CRITICAL

After a failure of service of summons, the complainant or attorney must make additional service efforts within 90 days.

In the event there is a failure of service of summons, the complainant or his attorney shall make additional effort within ninety (90) days of the original failure of service.

CRITICAL

The journal entry must be submitted to the judge for signature within 21 days of the decision; otherwise, the Court will prepare it.

Within twenty-one (21) days of the decision, the journal entry shall be submitted to the judge for signature, or, hereafter, the Court will prepare the journal entry and may charge a Court cost of $50.00 to the party in whose favor an order of judgment is rendered.

CRITICAL

In all new cases, if counsel fails to obtain service of summons within six (6) months, the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

In all new cases, if counsel fails to obtain service of summons within six (6) months, the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

CRITICAL

The opposing party must move or plead in response within 14 days after the pleading or amended pleading is filed, unless the Court orders otherwise.

The opposing party shall move or plead to the pleading or amended pleading so filed on or before the fourteenth (14th) day after such pleading or amended pleading is filed, unless otherwise ordered by the Court.

CRITICAL

The jury-demand fee is due when the demand is filed or no later than five business days before the pre-trial date.

- due at time of filing demand or no later than 5 business days prior to pre-trial date

CRITICAL

After service is perfected and the clerk gives notice of default, failure to submit an entry within 21 days may result in dismissal.

Upon perfection of service, the clerk shall notify counsel of said default and that a failure to submit an entry within twenty-one (21) days may result in the case being dismissed.

CRITICAL

If a settlement entry has not been received within thirty days after the file is marked accordingly, the clerk must notify the party that dismissal will follow unless the entry is received within ten days.

(5) When a file has been marked "settlement entry to come" and the entry has not been received within thirty (30) days, then the clerk shall notify the party that his case will be dismissed unless the entry is received within ten (10) days.

CRITICAL

A mandatory suspension under Ohio Revised Code § 4507.16 may not be modified during its first 30 days.

Mandatory suspensions required by Section 4507.16 of the Ohio Revised Code shall not be modified for the first thirty day period of such suspension.

CRITICAL

After a case is transferred from small claims court to the regular docket under the cited statute, the defendant’s answer must be filed within 14 days after the transfer entry.

Where a case is transferred from small claims court to the regular docket of the Court pursuant to Section 1925.10, Ohio Revised Code, the answer of the defendant or defendants shall be filed within fourteen (14) days of the date of the entry ordering such transfer.

CRITICAL

A defendant must reduce the affidavit to an answer or move as though served with the complaint within 14 days of filing.

If a defendant, the same shall reduce his affidavit to an answer or move as though served with complaint within fourteen (14) days of the date of his filing.

CRITICAL

If the stated six-month summons period is not met, the clerk must notify counsel that dismissal will follow in ten days unless good cause is shown.

summons within six (6) months from the date the cause of action has been filed, then the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

CRITICAL

A subsequent jury-trial waiver must be made at least eight days before trial.

Once a written demand for jury has been filed, any subsequent waiver of the jury trial shall be made in writing at least eight (8) days prior to the trial date.

CRITICAL

The Magistrate must file written findings within seven days after the hearing concludes.

The Magistrate shall, at the conclusion of the hearing, file his or her written findings within seven (7) days and cause a copy to be served on the plaintiff and defendant.

CRITICAL

After the clerk notifies counsel that a case has defaulted, prevailing counsel must submit an application for default judgment within 15 days or the case will be dismissed for want of prosecution.

Upon notification from the clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within fifteen (15) days or the case will be dismissed for want of prosecution.

CRITICAL

Settlement may avoid trial without an entry, but an entry must be filed within 30 days or the case will 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 thirty (30) days or the case will be dismissed for want of prosecution.

CRITICAL

Opposing counsel must approve or reject the entry within 7 days; otherwise, it must be transmitted to the Court marked “unapproved.”

Opposing counsel shall approve or reject the entry within seven (7) days or the same shall be transmitted to the Court marked "unapproved".

CRITICAL

Objections to the Judge's or Magistrate's Decision must be filed within 14 days after the Decision is filed.

Copies of the Judge's or Magistrate's Decision shall be served upon the parties or their attorneys by the Clerk, such notice to contain language the Objections to the Judge's or Magistrate's Decision must be filed within fourteen (14) days of the filing of the Decision.

CRITICAL

Deadline

72 hours

A subpoena must be filed 72 hours before the hearing date.

Subpoena…………………………………………. 12.00 - paid to witness (must file 72 hrs. prior to hearing date)

CRITICAL

Defense-witness praecipes must be filed at least three weeks before trial unless the case is set for trial less than three days in advance.

All praecipes for witnesses shall, unless the case is set for trial less than three (3) days in advance, be filed not less than three (3) weeks prior to trial date.

WARNING

Parties may file written objections to the Magistrate's findings within fourteen days.

The magistrate shall, at the conclusion of each case serve a copy of his/her findings upon the plaintiff and defendant and inform the parties that they may file objections to the Magistrate's findings within fourteen (14) days in writing.

WARNING

If a settlement entry has not been received within 30 days after the file is marked for settlement, the clerk will notify the party that the case will be dismissed unless the entry is received within 10 days.

When a file has been marked "Settlement to Come" or "Settled/attorney to send entry" and the entry has not been received within thirty (30) days, then the clerk shall notify the party that the case will be dismissed unless the entry is received within ten (10) days.

WARNING

The Court must rule on objections within 14 days after they are filed.

The Court shall, after consideration of the reasons in the objections to the Magistrate's findings, rule on said objections to Magistrate's findings within fourteen (14) days of the filing of the objections.