Rocky River Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

An accepted fax or email filing is deemed filed at the date and time the clerk time-stamps its receipt, not when it was transmitted.

Subject to the provisions of these rules, all documents sent by fax or email and accepted by the clerk shall be considered filed with the clerk of court as of the date and time the clerk time-stamps the document received as opposed to the date and time of the fax or email transmission.

CRITICAL

A document is timely if filed before 4:30 p.m. Court time on its due date, unless the assigned judge orders a different time or date; Court time is Eastern Standard/Daylight Savings time.

A document will be deemed timely when filed prior to 4:30 p.m. the afternoon of the due date, unless the assigned judge has ordered the document filed by a different time /date. Time at the Court (Eastern Standard/Daylight Savings) governs, rather than the time zone from which the filing is made.

CRITICAL

Fax and email filings received after the court closes, including filings received after 4:30 PM, are deemed filed when the court next opens for business.

The office of the clerk of court will be deemed open to receive facsimile or email transmission of documents on the same days and at the same time the court is regularly open for business. Therefore, a fax or email filing received after the court closes on a given business day will be deemed filed with the clerk of court as of the opening of the next business day. 2. If received after 4:30 PM, that filing would be considered filed as of the following day the court is open for business.

CRITICAL

Motions and responses must be filed within the time guidelines in the Ohio Rules of Civil Procedure.

Motions and responses must be filed within the time guidelines set forth in the Ohio Rules of Civil Procedure.

CRITICAL

The effective filing date and time for a motion is the receipt-and-upload timestamp shown on the submitted document.

Effective Date and Time of Filing of a Motion – means the date and time the electronic filing was received and uploaded to the Clerk of Court as noted on the time stamp on the submitted document.

CRITICAL

The motion must be docketed before the proposed journal entry is submitted to the judge.

The motion shall be docketed prior to submitting the proposed journal entry to the judge

CRITICAL

The effective filing date and time for a new complaint is the receipt-and-upload timestamp shown on the submitted document.

Effective Date and Time of Filing of a New Complaint – means the date and time the electronic filing was received and uploaded to the Clerk of Court as noted on the time stamp on the submitted document.

CRITICAL

Motions must be filed timely in accordance with the applicable Ohio Rules and Statutes.

All motions shall be in writing and timely filed

CRITICAL

For a rejection caused by technical errors, a filer seeking relation back must file a motion for relief.

If a document is rejected due to technical errors and the filer wishes to have the corrective filing relate back to the date and time of the rejected filing, the filer must file a motion with the Court seeking relief.

CRITICAL

A rejected filing may retain its original filing date and time if resubmitted by email within 24 hours after the rejection email was sent.

A rejected filing may be resubmitted to the Clerk of Court in order to retain the original date and time of filing. f. Rejected filings which are resubmitted via electronic mail must be received by the Clerk of Court within twenty-four (24) hours of the time that the rejection electronic mail message was sent by the Clerk of Court in order to retain the original date and time of filing and confirmation number.

WARNING

A document filed by fax or email shall be accepted as the effective original filing. The person making a fax or email filing need not file any source document with the Clerk of Court but must, however, maintain in his/her records and have available for production on request by the court the source document filed by fax or email, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The source document filed by fax or email shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

A document filed by fax or email shall be accepted as the effective original filing. The person making a fax or email filing need not file any source document with the Clerk of Court but must, however, maintain in his/her records and have available for production on request by the court the source document filed by fax or email, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The source document filed by fax or email shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

WARNING

A corrective filing sent after the 24-hour resubmission period is treated as a new filing, and the prior confirmation number expires.

A corrective filing may, however, be sent at a later time if the filer elects to do so, but after the twenty-four (24) hour period expires, this filing will be considered a new filing and the prior confirmation number will have expired.

WARNING

A filing party whose filing becomes untimely because of a court-system or filer-side technical failure may seek appropriate relief from the Court.

A filing party whose filing is made untimely as a result of a technical failure of the Court’s system or site, or as a result of the problems on the filer’s end, may seek appropriate relief from the Court.

WARNING

For a fax sent without the required cover-page information, the clerk may file it or place it in the failed-fax file, in which case it is not filed.

If a document is sent by fax to the clerk without the cover page information listed above, the clerk may do either of the following: a. enter the document in the case docket and file the document; b. deposit the document in a file of failed faxed documents with a notation of the reason for the failure (omission of cover page). The document shall not be considered filed with the clerk.

INFO

A confirmation number is assigned when the Clerk’s receiving device receives the entire filing.

A confirmation number will be assigned to each filing when it is received in its entirety by the Clerk of Court’s receiving device.

INFO

After acceptance processing, an electronically filed document is stamped with the time the Clerk's receiving device received the full transmission and the case number.

Upon successful completion of acceptance processing by the Clerk of Court, a document filed electronically will be electronically file stamped. b. This stamp will include the date and time that the receiving device of the Clerk of Court received the entire transmission as well as the case number of the filing.

INFO

Upon successful transmission, the filer’s computer screen displays the confirmation number and filing date and time.

The confirmation number and the date and time of the filing will be displayed on the screen of the filer’s computer upon successful transmission of the filing.

INFO

Each electronically filed document receives an acknowledgment showing a confirmation date and time.

All electronically filed documents shall receive a confirmation date and time acknowledgement.

WARNING

The Clerk’s Office may deem the website to have a technical failure if it cannot accept filings continuously or intermittently for more than one hour after 10:00 a.m. that day.

The Clerk of Court’s Office may deem the internet web site to be subject to a technical failure on a given day if the site is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour after 10:00 a.m. that day.

CRITICAL

The adverse party must file its opposition brief within 14 days after service of a summary judgment motion.

The adverse party shall file a brief in opposition within fourteen (14) days after service of the motion.

CRITICAL

Deadline

5 court days

Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the fax or email document is filed, or the court may strike the document or exhibit.

Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile or email document. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.

CRITICAL

A motion to transfer without an over-limit counterclaim or crossclaim must be filed 7 days before trial and may be transferred to the regular docket.

A motion to transfer (without a counterclaim or crossclaim in excess of $6,000.00) must be filed seven days before trial and may be transferred to the regular docket.

CRITICAL

The pro hac vice notice and order must be filed within 30 days after permission is granted.

If the judge or magistrate grants the applicant’s motion for permission to appear pro hac vice, the applicant must file a Notice of Permission to Appear Pro Hac Vice and a copy of the order granting permission with the Office of Attorney Services at the Ohio Supreme Court within 30 days.

CRITICAL

The transfer requirements must be satisfied within 14 days of entry of the change-of-venue order, or the action may be dismissed.

Failure to comply with this rule within fourteen (14) days from the date of entry as to change of venue may form the basis for dismissal of the action.

CRITICAL

Jury demands must be filed within the time frame set by the applicable Ohio civil or criminal rule.

A. Any party desiring a jury trial in a civil case must demand the same in accordance with Rule 38 of the Ohio Rules of Civil Procedure. Any party desiring a jury trial in a criminal/traffic case shall demand the same in accordance with Criminal Rule 23. The jury demand must be in writing either by separate instrument or by prominent endorsement in the caption of a pleading. The jury demand must be filed in compliance with the time frame set forth in the applicable Rule.

CRITICAL

An attorney or party challenging an electronically filed document or signature must file an objection within 10 days after receiving the filing notice.

Any attorney or party challenging the authenticity of an electronically filed document or signature on that document must file an objection to that document within ten (10) days of receiving the notice of electronic filing.

CRITICAL

A defendant may enter a plea of not guilty by letter prior to defendant’s scheduled arraignment provided that the letter is sent by retained or court appointed counsel.

A defendant may enter a plea of not guilty by letter prior to defendant’s scheduled arraignment provided that the letter is sent by retained or court appointed counsel.

CRITICAL

Trial briefs must be filed seven full days before trial.

Parties shall file a trial brief seven (7) full days in advance of trial.

CRITICAL

After transfer, the defending party has 28 days from judicial assignment to move or plead.

After transfer, the defending party shall have 28 days from judicial assignment, to move or plead.

CRITICAL

The certification requirements must be met within 30 days after filing the counterclaim, crossclaim, or third-party complaint, or dismissal may be sought under Civil Rule 41(B).

Failure to comply within thirty (30) days of the filing of such counterclaim, crossclaim or third-party complaint shall be grounds for dismissal under Civil Rule 41(B).

CRITICAL

Transcriptions must be filed with the court immediately after completion.

All transcriptions must be filed with the court immediately upon completion.

CRITICAL

Jury instructions must be filed seven full days before trial.

C. Each party shall file, seven (7) full days in advance of trial, a complete set of instructions suitable for charging the jury in the captioned matter.

CRITICAL

The completed questionnaire must be returned within 10 days.

RETURN IT WITHIN 10 DAYS.

CRITICAL

A courtroom broadcast, recording, photography, or television request must be made no later than one-half hour before the session unless the trial judge permits otherwise.

Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing to the judge to whom the case is assigned as far in advance as reasonably practical, but no later than one-half (1/2) hour prior to the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.

CRITICAL

A party opposing a motion other than summary judgment must serve and file its opposition brief within 7 days after service, unless the Ohio Rules of Civil Procedure provide a longer period.

Each party opposing a motion other than Motion for Summary Judgment shall serve and file a brief in opposition within seven (7) days of service of said Motion, unless a longer time period is provided in the Ohio Rules of Civil Procedure.

CRITICAL

A motion to withdraw must be filed at least seven days before the next scheduled hearing.

Said motion shall be filed at least seven (7) days prior to the next scheduled hearing.

CRITICAL

When default judgment is available because the defendant failed to answer or appear, the plaintiff must file the motion within 90 days after receiving notice of the default.

In all cases in which default judgment is available to a party by reason of failure of defendant to answer or appear, the motion for default judgment must be filed within 90 days from the time that plaintiff has notice of such default.

CRITICAL

Complete and return the form to the Clerk of Court within two days of receipt.

Instructions: Complete this form and return it to the Rocky River Municipal Court Clerk of Court within two (2) DAYS OF RECEIPT (Court Fax Number: (440) 356-5613).

CRITICAL

A non-filing signatory or party disputing the authenticity of a multi-signature electronic filing or its signatures must object within ten days of receiving the electronic filing notice.

A non-filing signatory or party who disputes the authenticity of an electronically filed document containing multiple signatures or the authenticity of the signatures themselves must file an objection to the document within ten days of receiving the notice of electronic filing.

CRITICAL

The required cost deposit must be made within 14 days after receipt of the file, or the file may be returned to the transferor court.

Failure to comply with this rule within fourteen (14) days from receipt of the file from the transferor court may form the basis for returning the file to the transferor court.