Shelby County Court of Common Pleas, General and Domestic Relations Divisions Filing Timing and Cure Windows

CRITICAL

A fax-filed document is accepted as the effective original filing.

A document filed by fax shall be accepted as the effective original filing.

CRITICAL

An accepted fax filing is considered filed when the Clerk time-stamps it, not when it was transmitted.

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

CRITICAL

Documents filed under Rule 38 are deemed filed and become the official court record when the Clerk enters them in the Court’s e-File system.

Documents filed in accordance with this Rule shall be deemed filed and shall become the Court’s Official Court Record when they are entered by the Clerk in the Court’s e-File system.

CRITICAL

A rejected submission is not part of the court record and must be resubmitted to meet requirements within 48 business hours; otherwise, it will be rejected.

(i) If the submission is rejected, the document shall not become part of the Court record and the filer shall be required to re-submit the 51 ===== PAGE 52 ===== document to meet the requirements within 48 business hours. If not resubmitted within 48 hours, the document will be rejected.

CRITICAL

An accepted submission is deemed filed upon acceptance and receives an electronic stamp showing when it was submitted.

4. Official Time Stamp: Upon acceptance, the submission shall be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the Court’s e-File system. Once accepted the document will be deemed filed for purposes of Ohio Law and relevant Rules of Court Procedure.

WARNING

If a fax filing lacks required cover-page information, the Clerk may file it or place it in the failed-fax file, in which case it is not considered filed.

If a document is sent by fax to the Clerk of Courts without the cover page information listed above, the Clerk may, at its discretion: 1. Enter the document in the case docket and file the document; or 2. Deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Courts.

WARNING

The Clerk need not notify the sender of a failed fax filing but may do so if practicable.

The Clerk of Courts is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Courts may inform the sending party of a failed fax filing.

WARNING

The Clerk's office is deemed open to receive fax filings only on the days and during the times the court is regularly open for business.

The office of the Clerk of Courts will be deemed open to receive facsimile transmission of documents on the same days and at the same time the court is regularly open for business.

WARNING

The sending party bears the risks of fax filing, and filers are urged to verify receipt with the Clerk using available technology.

The risks of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Courts through whatever technological means are available.

WARNING

The Clerk may reject a pleading that does not comply with the jury-demand rule.

The Clerk is authorized to reject for filing any pleading not in conformity with this rule.

WARNING

Depositions are not to be filed with the Clerk until they are needed for trial.

There shall be no distinction between a discovery deposition and a trial deposition. Depositions shall not be filed with the Clerk until needed for trial.

WARNING

The e-File system must issue a receipt confirmation showing the receipt date and time, which serves as proof of receipt.

2. Receipt: Upon receipt, the Court’s e-File system shall issue a confirmation that the submission has been received. The confirmation shall include the date and time of receipt and serve as proof of receipt.

WARNING

If a system error prevents receipt, the Court may, upon satisfactory proof, order the document filed as of its submission date.

5. System Errors: If a submission is not received by the Court because of a System Error, the Court may, upon satisfactory proof, enter an order permitting the document to be filed to the date it was submitted.

INFO

The Clerk of Court may acknowledge a fax transmission but is not required to do so.

The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission.

CRITICAL

Deadline

5 court days

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

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 document.

CRITICAL

When no other deadline applies, a pleading or amended pleading must be filed by the tenth day after the entry granting or requiring leave is filed.

In all cases where the time for filing of a pleading or an amended pleading is not fixed by law or another Rule, the pleading or amendment shall be filed on or before the tenth day after the file date of the Entry requiring or granting leave for the filing of such pleading or amended pleading.

CRITICAL

If the Court determines that a Civil Rule 12 motion to dismiss is in the nature of a summary-judgment motion, it will notify the parties and give opposing counsel 20 days to reply.

In the event a Motion to Dismiss is filed pursuant to Civil Rule l2, and the Court determines that it is in the nature of a Motion for Summary Judgment, notice of this fact will be given by the Court to the parties, and 20 days will be given opposing counsel to reply to the Motion.

CRITICAL

All parties must file pretrial statements with the Judge’s assignment commissioner at least five days before pretrial.

Pretrial statements by all parties shall be filed with the Judge’s assignment commissioner (not the Clerk of Courts) at least five days before the date of pretrial.

CRITICAL

A receiver must report to the Court within one month of appointment and submit an inventory, appraisement, and accounting of receipts and expenditures to date.

Within one (l) month after his appointment, the receiver shall report to the Court, submitting his inventory and appraisement, and include his accounting of receipts and expenditures to date.

CRITICAL

Unless the Court orders otherwise, the attorney of record must file written deposition transcripts by the pretrial-statement deadline or seven days before trial, whichever is earlier.

In addition to the requirements set forth in Civ. R. 30-32 and Sup. R. 13, unless otherwise ordered by the Court, written deposition transcripts shall be filed by the attorney of record prior to the deadline for filing the pretrial statement(s) or seven days prior to trial, whichever is earlier.

CRITICAL

Deadline

5 court days

Unless the Court orders otherwise, a party presenting an audio/video deposition must submit it to the Court, not the Clerk, five court days before trial or a hearing.

If an audio/video version of a deposition is to be presented during trial or a hearing, the attorney or pro se party presenting the audio/video version of the deposition shall submit the audio/video version of the deposition to the Court, not the Clerk, five court days prior to the trial or hearing, unless otherwise ordered by the Court.

CRITICAL

The required title opinion must be filed at least ten days before confirmation.

Such title opinion shall be filed in the proceeding at least ten days prior to the date of confirmation.

CRITICAL

The affidavit of publication must be filed before the sale.

Counsel for the party requesting any sale shall prepare any newspaper publication required, cause the same to be published at the party’s expense, and file an Affidavit of Publication with the Clerk and Sheriff prior to sale.

CRITICAL

Deadline

24 hours

Absent good cause, subpoena requests must be filed with the Clerk at least 24 hours before trial for the Clerk to be required to issue them and the Sheriff to serve them.

Except for good cause shown, the Clerk shall not be required to issue subpoenas, nor the Sheriff required to serve the same, unless requests are filed with the Clerk at least 24 hours prior to the time set for trial.

CRITICAL

Deadline

48 hours

Pretrial motions in criminal cases must be heard at least 48 hours before trial.

All such Motions shall be heard by the Court at least 48 hours before trial.

CRITICAL

Deadline

24 hours

Requests to record proceedings must be made at least 24 hours before the session, although the Judge may waive advance notice for good cause.

All requests to record proceedings shall be made in writing to the Judge; be on the appropriate from (Appendix 1) submitted through the bailiff; and as far in advance as is reasonably possible but in no event later than twenty-four hours prior to the courtroom session to be recorded. Upon a showing of good cause, the Judge may waive the advance notice provision.

CRITICAL

Deadline

24 hours

A media request must be presented at least 24 hours before a court proceeding.

NOTE: The media request must be presented at least 24 hours in advance of a court proceeding.

CRITICAL

A prospective juror requesting an excuse must take all necessary actions to obtain a ruling no later than the scheduled jury-duty appearance date.

A prospective juror who requests to be excused from jury service under this section shall take all actions necessary to obtain a ruling on that request by not later than the date on which the prospective juror is scheduled to appear for jury duty.

CRITICAL

A motion for leave to appear by video conference must be filed at least 14 days before the hearing unless the Court authorizes otherwise.

Motions requesting leave to appear via video conference must be filed no later than fourteen (14) days prior to the scheduled hearing, unless authorized by the Court.

WARNING

The moving party may file a reply memorandum within seven days after the answer memorandum is filed.

The moving party may file a Reply Memorandum within seven (7) days after the filing of such Answer Memorandum.