South Euclid Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

An accepted fax filing is deemed filed when the clerk time-stamps it, not when it is transmitted; the clerk receives faxes only on the court’s regular business days and hours.

(H) Subject to the provisions of these rules, all documents sent by fax and accepted by the clerk shall be considered filed as of the date and time the clerk time-stamps the document received, rather than as of the date and time of the fax transmission. The clerk’s office shall be deemed open to receive facsimile transmission of documents on the same days and times that the court is regularly open for business.

WARNING

The clerk may accept a fax filing missing required cover-page information or place it in the failed-fax file, in which case it is not considered filed.

(E) In the event a document is sent by fax to the clerk without the cover page information listed above, the clerk may, in his sole discretion enter the document in the docket and file the document, or deposit it in a file of failed faxed documents with a notation of the reason for the failure. In the later event, the document shall not be considered filed with the clerk.

CRITICAL

Applies to

Pretrial motion

Small-claims pretrial motions must be filed and served at least three days before trial; untimely motions are stricken and timely motions are heard at trial.

All pretrial motions shall be filed and served upon the opposing parties at least three days before the scheduled trial date. Motions which are not timely filed shall be stricken from the file. Pretrial motions shall be heard at the time of trial. The filing of pretrial motions shall not excuse any party’s failure to appear at trial.

CRITICAL

Applies to

Subpoena

Subpoenas and praecipes must be filed at least seven days before trial, with filing and witness fees paid when filed.

All subpoenas or praecipes for subpoenas must be filed seven days prior to the scheduled trial date with the filing fee and witness fees paid at the time of filing.

CRITICAL

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

(1) Unless otherwise directed by court order, the missing exhibit shall be filed as a separate document not later than five days following the transmission of the fax document. Failure to file the same shall result in the court striking the document and/or exhibit in its sole discretion.

CRITICAL

Applies to

Motion

A motion to transfer a small-claims case to the regular civil docket must be filed at least three days before trial.

(A) A motion to transfer a small claims matter to the regular civil docket shall be filed at least three days before the scheduled trial date.

CRITICAL

Applies to

Third party complaint

A party seeking to join a new party in small claims must file a third-party complaint at least seven days before trial.

(A) Any party seeking to join a new party to a pending case must file a third party complaint at least seven days before the scheduled trial date.

CRITICAL

Applies to

Objections to magistrate decision

A party may file objections within 14 days after the magistrate’s decision; another party then has 10 days, and when findings are requested the objection period starts upon filing the decision with findings and conclusions.

(B) Any party may file written objections to a magistrate’s decision within fourteen days of the filing of the decision. Thereafter, any other party shall have a period of ten days to file objections. If a party makes a request for findings of fact and conclusions of law, the time for filing objections begins to run when the magistrate files a decision including findings of fact and conclusions of law.

CRITICAL

Applies to

Trial brief

When ordered, each party’s trial brief must be filed and served at least seven days before trial.

(A) Where a trial brief is required by order of court, counsel for each party shall file a copy with the clerk at least seven days prior to the commencement of trial and serve copies on all opposing counsel or parties not represented by counsel.

CRITICAL

Applies to

Jury instructions

(C) In all jury cases, all parties, or the attorneys for the same desiring specific jury instructions shall, at least fourteen days prior to trial, file proposed jury instructions with the clerk, and serve the same upon opposing counsel.

(C) In all jury cases, all parties, or the attorneys for the same desiring specific jury instructions shall, at least fourteen days prior to trial, file proposed jury instructions with the clerk, and serve the same upon opposing counsel.

CRITICAL

Applies to

Jury instructions

In criminal jury cases, proposed jury instructions must be filed and served on opposing counsel at least seven days before trial.

In jury cases, all parties desiring specific jury instructions shall, at least seven days prior to trial, file proposed jury instructions with the court and serve the same upon opposing counsel.

CRITICAL

Applies to

Counterclaim or cross claim

Small-claims counterclaims and cross-claims must be filed at least seven days before trial.

(A) All counterclaims and cross-claims must be filed at least seven days before the scheduled trial.