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

CRITICAL

The Clerk may reject noncompliant filings; an initially timely filing remains timely if corrected and accepted within 24 hours after rejection notice, excluding Saturdays, Sundays, and holidays.

The Clerk is authorized to reject a submitted filing if it fails to comply with any requirement of this or any other of the Court’s Local Rules, policies, procedures, or practices, or any other applicable Ohio Rule of Probate/Civil Procedure. If a submitted filing is rejected, the eFiler will receive an email notification indicating the reason for the rejection. eFilers may make changes to rejected filings and resubmit them. If a rejected filing was timely filed initially, it will still be considered timely if re-submitted and accepted within twenty-four hours of the time of the notice of rejection, excluding Saturdays, Sundays, and holidays. If the compliance issues are not timely resolved in accordance with this Rule, the submitted filing shall be rejected and the document shall NOT become part of the Court’s record.

CRITICAL

An accepted filing is docketed and deemed filed at the date and time the Clerk manually time stamps it.

If the submitted filing is Accepted, it shall be time stamped manually and docketed by the Clerk at the time of Acceptance. For purposes of any filing deadline imposed by these Rules, any applicable Ohio Rules, or Court Order, a pleading will be deemed filed on the date and time when the Clerk manually time stamps the document.

CRITICAL

An accepted fax filing is deemed filed when the Clerk or Deputy Clerk time-stamps receipt, not when it was transmitted.

6. Subject to the provisions of these rules, all documents sent by fax and accepted by the Juvenile Court Clerk or Deputy Clerk shall be considered filed with the Juvenile Court Clerk’s Office as of the date and time the Clerk or Deputy Clerk time-stamps the document received, as opposed to the date and time of the fax transmission.

CRITICAL

The Clerk may reject noncompliant filings; rejected filings may be corrected and resubmitted, and an initially timely filing remains timely if accepted within 24 hours of the rejection notice, excluding Saturdays, Sundays, and holidays.

The Clerk is authorized to reject a submitted filing if it fails to comply with any requirement of this or any other of the Court’s Local Rules, policies, procedures, or practices, or any other applicable Ohio Rule of Juvenile/Civil Procedure. If a submitted filing is rejected, the filer will receive an email notification indicating the reason for the rejection. Filers may make changes to rejected filings and resubmit them. If a rejected filing was timely filed initially, it will still be considered timely if re-submitted and accepted within twenty-four hours of the time of the notice of rejection, excluding Saturdays, Sundays, and holidays. If the compliance issues are not timely resolved in accordance with this Rule, the submitted filing shall be rejected, and the document shall NOT become part of the Court’s record.

CRITICAL

Petitions requesting ex parte relief must be filed before 2:30 p.m.

All petitions requesting ex parte relief must be filed before 2:30 p.m.,

CRITICAL

An e-filing becomes part of the official record only when accepted, and its filing date and time are determined by the Court’s manual timestamp after Clerk Review and Acceptance, not by submission time.

Electronic Filing (eFiling): The electronic submission of documents to the Court via its eFiling System. Only Accepted submissions will become part of the Court’s official record. The date/time of a filing is not determined by the time of submission via the eFiling system but is always determined by the Court’s manual time stamp after Clerk Review and Acceptance of the submitted document.

CRITICAL

An accepted facsimile filing is filed when the Clerk or Deputy Clerk time-stamps receipt, not when it was transmitted.

7. Subject to the provisions of these rules, all documents sent by facsimile and accepted by the Probate Court Clerk or Deputy Clerk shall be considered filed with the Probate Court Clerk’s Office as of the date and time the Clerk or Deputy Clerk time-stamps the document received, as opposed to the date and time of the facsimile transmission.

CRITICAL

An accepted filing is deemed filed when the Clerk manually time stamps it, and eFiling does not extend deadlines, so filers must allow time for review and any resubmission.

If the submitted filing is accepted, it shall be time stamped manually and docketed by the Clerk at the time of acceptance. For purposes of any filing deadline imposed by these Rules, any applicable Ohio Rules, or Court Order, a pleading will be deemed filed on the date and time when the Clerk manually time stamps the document. The eFiler must allow sufficient time for Clerk review and any necessary re- submission. eFiling does NOT alter or extend applicable time limits!

CRITICAL

The system issues a receipt confirmation, but the filing date and time are determined by the Court’s manual timestamp after Clerk Review and acceptance, not by submission time.

Upon receipt, the Court’s eFiling system shall issue a Receipt Confirmation that the submission has been received. The date/time of a filing is not determined by the time of submission via the eFiling system but is always determined by the Court’s manual time stamp after Clerk Review and acceptance of the submitted document.

WARNING

Attorneys must be diligent in filing requests for service by the Clerk of Court.

Attorneys shall be diligent in filing requests for service by the Clerk of Court.

WARNING

The Juvenile Court is deemed open to receive faxed documents on the same days and at the same times it is regularly open for business under Local Rule 1.01.

The office of the Juvenile Court will be deemed open to receive facsimile transmission of documents on the same days and time the Juvenile Court is regularly open for business as set forth in Local Rule 1.01.

WARNING

After the Clerk reviews a submission during normal Court business hours, the eFiler will be notified whether it was accepted or rejected.

After the Clerk’s review of a submitted filing (during the Court’s normal business hours), the eFiler will receive notification from the Clerk that the submission has been either Accepted or Rejected.

WARNING

The Probate Court receives facsimile transmissions only on the same days and during the same times that it is regularly open for business under Rule 53.1.

The office of the Probate Court will be deemed open to receive facsimile transmission of documents on the same days and time the Probate Court is regularly open for business as set forth in Rule 53.1.

WARNING

The sending party bears all risks of faxing a document to the Clerk’s Office and is urged to verify that the Clerk received it.

The risks of transmitting a document by facsimile to the Clerk’s Office shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk.

WARNING

The Clerk’s Office need not notify a sender of a failed fax filing, but the Clerk or Deputy Clerk may do so if practicable, and the sender is responsible for confirming receipt.

6. The Clerk’s Office is not required to send any form of notice to the sending party of a failed facsimile filing. However, if practicable, the Clerk or Deputy Clerk may inform the sending party of a failed facsimile filing. The burden of confirming receipt of facsimile is on the sending party.

WARNING

The Clerk’s Office need not notify a sender of a failed fax filing, may do so if practicable, and leaves confirmation of receipt to the sender.

5. The Clerk’s Office is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk or Deputy Clerk may inform the sending party of a failed fax filing. The burden of confirming receipt of fax is on the sending party.

WARNING

For an eFiled document not received because of a system error or failure, the Court may, upon satisfactory proof, permit filing nunc pro tunc to the date of submission and acceptance.

If an eFiled document is not received because of a system error or failure, the Court may, upon satisfactory proof, enter an order permitting the document to be filed nunc pro tunc to the date it was submitted and accepted.

INFO

After reviewing a filing during normal business hours, the Clerk will notify the filer whether it was accepted or rejected.

After the Clerk’s review of a submitted filing (during the Court’s normal business hours), the filer will receive notification from the Clerk that the submission has been either accepted or rejected.

WARNING

Filers bear responsibility for electronic delays, disruptions, interruptions, and document readability, and accept the risk that technical failures may prevent proper filing.

Technical Failures: All filers are responsible for any delay, disruption, interruption of electronic signals, and readability of the document and accept the full risk that the document may not be properly filed with the Court as a result.

WARNING

Filers bear responsibility and the risk of filing problems caused by delays, disruptions, interrupted electronic signals, or document readability issues.

Technical Failures: All filers are responsible for any delay, disruption, interruption of electronic signals, and readability of the document and accept the full risk that the document may not be properly filed with the Court as a result.

WARNING

If a system error or failure prevents receipt of an eFiled document, the Court may, upon satisfactory proof, permit nunc pro tunc filing as of the date it was submitted and accepted.

If an eFiled document is not received because of a system error or failure, the Court may, upon satisfactory proof, enter an order permitting the document to be filed nunc pro tunc to the date it was submitted and accepted.

CRITICAL

In guardianships based on incompetence, the first Statement of Expert Evaluation is due one year after appointment and subsequent statements are due annually.

In all guardianships, based on incompetence, a Statement of Expert Evaluation prepared by a Licensed Physician, Licensed Clinical Psychologist, Licensed Social Worker or Developmental Disability Team shall be filed by the guardian one year after the appointment of the guardian. Subsequent statements of expert evaluation are due annually thereafter.

CRITICAL

The written home-study report must be filed with the Court at least 20 days before the adoption petition is heard.

A written report of the home study shall be filed with the Court at least twenty days before the petition for adoption is heard.

CRITICAL

A continuance motion based on conflicting trial assignment dates must be filed at least ten days before the hearing to satisfy the stated condition for avoiding denial.

The Court may, unless good cause is shown, deny any motion for continuance due to conflict of trial assignment dates unless a copy of the conflicting assignment is attached to the motion and the motion is filed not less than ten days prior to hearing.

CRITICAL

The application for authority to enter a contingent-fee contract must be filed before the fiduciary enters into the contract, unless a local rule orders otherwise.

Prior to a fiduciary entering into a contingent fee contract with an attorney for services, an application for authority to enter into the fee contract shall be filed with the Court, unless otherwise ordered by Local Court Rule.

CRITICAL

The list of the ward’s important legal papers must be filed within three months after the guardian’s appointment.

In addition to filing an inventory, if applicable, pursuant to R.C. 2111.14(A)(1) and within three months after the guardian's appointment, a guardian shall file with this Court a list of all of the ward's important legal papers, including but not limited to estate planning documents, advance directives, and powers of attorney, and the location of such legal papers, if known at the time of the filing.

CRITICAL

In nonemergency cases, a motion or request for a remote hearing must be filed at least seven days before the scheduled hearing.

Parties who wish to appear via telephone shall file a motion or request for remote hearing at least seven days prior to the scheduled hearing in nonemergency cases.

CRITICAL

The Child Placement Form must be filed with the Clerk on the business day of, or no later than seven days after, an initial placement or change in placement.

To facilitate the Court in fulfilling its duty to provide proper notice of hearings to foster and kinship caregivers, a Child Placement Form shall be completed and filed with the Clerk the business day of or no later than 7 days following the initial placement and any change in placement of the child(ren).

CRITICAL

A guardian must file the guardianship plan annually with the Probate Clerk.

A guardian of a person or the estate shall file annually with the Probate Clerk a guardianship plan as an addendum to the guardian's report.

CRITICAL

Deadline

5 calendar days

The Verification of Service must be filed no later than five calendar days before the hearing.

The applicant must file the Verification of Service (Appendix M) with the Court no later than five (5) calendar days before the hearing.

CRITICAL

The report must be submitted to the Court no later than 30 days from the date of the Entry.

decendent to the Court, no later than 30 days from the date of this Entry. The report shall be

CRITICAL

The attorney’s written notice of representation is due immediately upon beginning the representation.

(A) It is the duty of any attorney upon representation of a juvenile or a party in any civil or criminal action to immediately notify the Court of such representation in writing.

CRITICAL

A party may move to set aside a Magistrate’s Order, and the motion must be filed no later than ten days after the order is entered.

Parties may file a Motion to Set Aside Magistrate’s Order, which shall be heard by a Judge or Magistrate. The Motion shall be filed no later than ten (10) days after the Magistrate’s Order is entered.

CRITICAL

When a transcript is necessary to support an objection based on factual findings or the weight of the evidence, the moving party must file it within thirty days after filing the objections, unless the Judge extends the time in writing.

If a finding of fact or weight of the evidence argument is part or all of the basis for the objection, a transcript of testimony is necessary to support the objection to the Magistrate’s Decision or Magistrate’s Order and must be filed with the Court by the moving party within thirty (30) days after the filing of the objections, unless the Judge, in writing, extends the time period.

CRITICAL

The guardian’s report must be filed one year after appointment and annually thereafter.

a. Seneca County Local Rule 66.08 requires that the guardian’s report be filed one year after the appointment of the guardian and is due annually thereafter.

CRITICAL

The Court will cite the attorney if the certificate is not filed within 75 days after the fiduciary's appointment.

If the certificate is not filed within 75 days after the appointment of the fiduciary, the Court will issue a citation to the attorney.

CRITICAL

The guardian of the estate must file the inventory within three months of appointment.

Within three months of appointment, a guardian of the estate shall file an inventory of the ward’s assets and income.

CRITICAL

Unless all parties waive the requirement or the Court extends the due date, the Final Report must be filed at least seven days before the Final Hearing.

Unless waived by all parties, or unless the due date is extended by the Court, the Final Report shall be filed with the Court no less than 7 days before the Final Hearing.

CRITICAL

The affidavit of posting must be filed no later than five days after the last posting date.

Said affidavit of posting shall be filed with the Court not later than five (5) days after the last date of posting.

CRITICAL

In nonemergency cases, parties seeking to appear by telephone must file a motion or request for a remote hearing at least seven days before the scheduled hearing.

Parties who wish to appear via telephone shall file a motion or request for remote hearing at least seven days prior to the scheduled hearing in nonemergency cases.

CRITICAL

The mediation case summary is due to the Mediator no later than two weeks before the scheduled mediation.

Each party shall submit to the Mediator a summary of facts and circumstances of the Dispute, together with any arguments in support of that party’s case, no later than two weeks prior to the scheduled mediation.

CRITICAL

The schedule must be filed with the Court at the time the trustee-compensation fee is paid.

A separate schedule of the computation of trustee’s compensation shall be filed conforming to the form in Appendix D and filed with the Court at the time of payment of said fee.

CRITICAL

The notice of intent to relocate must be filed within 30 days of the move.

(A) A residential parent shall file a notice of intent to relocate with the deputy clerk of this Court and the Child Support Enforcement Agency (herein CSEA) within thirty (30) days of said move, the notice shall contain the name and address of the residential parent, names of the child(ren), proposed residence, and the name and address of non-residential parent.

CRITICAL

The jury demand deposit is due no later than 14 days before the trial date.

The first party to make a jury demand in a civil action before this Court shall make a jury demand deposit of $500.00 with the Clerk of this Court no later than 14 days before the date set for trial.

CRITICAL

An objection to a Magistrate’s Decision must be filed within fourteen days of the decision’s file-stamped date.

The filing date of the Objection shall be within fourteen (14) days of the file stamped date of the Magistrate’s Decision.

CRITICAL

A shared parenting plan must be filed with the Court 30 days before the hearing.

The plan is to be filed with the Court thirty days prior to the hearing date.

CRITICAL

The first Guardian’s Report is due one year after appointment, with later reports due annually.

The first Guardian’s Report is due one year after the appointment of the guardian and due annually thereafter.

CRITICAL

A written request for a hearing before a Judge instead of the assigned Magistrate must be made seven days before the originally scheduled hearing.

Where any party of interest may request a hearing by a Judge rather than by a Magistrate to whom such case has been previously assigned, such request must be in writing seven (7) days before the date originally set for the hearing.

CRITICAL

After denial of a fee-waiver motion, the movant has fourteen days to pay the filing fee or the accompanying pleading will be returned.

If the Motion is not granted, the party moving for waiver will have fourteen days after the denial to remit the filing fee to the Court. If the party fails to do so, the substantive pleading submitted with the Motion to Waive Filing Fee will be returned to the party without further action.

CRITICAL

Fiduciaries must file the inventory, account, and applicable guardian’s report and statement of expert evaluation within the statutory or court-ordered time periods.

Each fiduciary shall adhere to the statutory or Court-ordered time period for filing the inventory, account, and, if applicable, guardian’s report and statement of expert evaluation.