Stark County Court of Common Pleas, General Division Filing Timing and Cure Windows
49 rules from official source documents
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures. This page is scoped to Stark County Court of Common Pleas, General Division; use the court rules overview to switch categories without leaving this court.
Unless the court orders otherwise, depositions must be filed no later than one day before trial begins.
Unless otherwise ordered by the Court, depositions must be filed no later than one day prior to the commencement of trial.
A transcript of a video deposition must be filed simultaneously unless it was filed previously.
if a video deposition is filed, then a transcript of the deposition must be filed simultaneously unless the transcript has been filed previously.
The effective filing date and time of a fax filing is when the Clerk accepts it.
"Effective date and time of filing" means the date and time that facsimile filing is accepted by the Clerk of Courts for filing.
A fax lacking required cover-page information or containing an incomplete document is not considered filed and is retained by the Clerk for 90 days.
If a document is sent by fax to the Clerk of Courts without the cover page information listed above or the document is incomplete, it will be deposited in a file of failed faxed documents with a notation of the reason for the failure and the document shall not be considered filed with the Clerk of Courts. Failed faxed documents will be retained by the Clerk of Courts for 90 days.
- Deadline
- 5 court days
A missing exhibit that cannot be accurately transmitted by fax must be filed as a separate document within five court days after the facsimile document is filed, unless the court orders otherwise.
Unless the court otherwise orders, the missing exhibit shall be filed with the Clerk of Courts, as a separate document, not later than five court days following the filing of the facsimile document.
A fax document accepted by the Clerk is considered filed when the Clerk receives the fax transmission.
Subject to the provisions of the rule, 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 fax transmission was received by the Clerk of Courts.
A fax document exceeding the page limit is placed in the failed-fax file and is not considered filed; the Clerk retains it for 90 days.
If the facsimile document received by the Clerk of Courts exceeds the page limit, it will be deposited in a file of failed faxed documents with a notation of the reason for the failure and the document shall not be considered filed with the Cleric of Courts. The Clerk of Courts will retain failed faxed documents for 90 days.
The appellee must file its brief and any assignments of error within 20 days after the appellant's brief is filed.
(B) Within twenty (20) days after the appellant's brief has been filed, the appellee shall file its brief and assignments of error, if any.
The receiver's initial report is due within two months after appointment.
(B) Within two (2) months after the appointment, the receiver shall report to the Court, submitting the inventory and appraisement, and including an account of receipts and expenditures to date.
After the first report, the receiver must file the required reports semiannually.
(C) Semiannually after filing the first report with inventory, appraisement and account, the receiver shall file with the Clerk, consecutively numbered reports, with accounts, for approval by entry by the Court as to all receipts and expenditures made by the receiver during the reporting period and a summary of plans for the future conduct of the receivership.
The pre-sale expenditure report must be filed before a public or private sale of receivership property appraised above $1,000.
(E) In all receiverships in which property appraised in excess of One Thousand Dollars ($1,000) is to be put up for public or private sale, the receiver shall file in advance of such sale a report with the Court showing the amount of expenditures incurred or to be incurred prior to the time the sale is to be conducted.
The plaintiff must file evidence of record title with the Clerk within 30 days after filing the complaint, except in actions involving registered lands.
In actions to quiet title, partition and for the marshaling and foreclosure of liens on real property, except those involving registered lands, the plaintiff shall procure and file with the Clerk, within thirty (30) days after the filing of the complaint, evidence of the record title to the property in question
The Sheriff must return the sale documentation to the court on the first Monday after the sale date.
On the first Monday following the date of sale, the Sheriff shall make the return to the court.
If no written objection is presented within fourteen days after the sale, the court must approve the confirmation of sale and it must be filed with the clerk forthwith.
Unless proper written objection to the proposed confirmation entry is presented to the court by a party or the party's attorney within fourteen (14) days after the date of sale, a confirmation of sale shall be approved by the Court and filed with the Clerk of Courts forthwith.
- Applies to
- Proposed stipulated protective order
A proposed Stipulated Protective Order should be filed within 30 days after issuance of the Court's Case Management Order.
If so, a proposed Stipulated Protection Order should be submitted within 30 days of the Court’s Case Management Order.
Absent a showing of good cause, parties must use the trial and final pretrial dates established in the initial pretrial order.
Please note that absent a showing of good cause, the Court expects parties to utilize the Trial and Final Pre-trial dates established in the Initial Pre-trial order.
Motions in limine should be filed two weeks before trial unless good cause requires filing closer to trial.
Motions in Limine: 2 weeks prior to trial (unless good cause necessitates filing closer to the time of trial)
Video-deposition transcripts and objection logs stating each objection and citing relevant authority must be filed no later than one week before trial.
Transcripts of video depositions to be used at trial, along with objection logs stating the reasons for each objection and citations of any relevant authority, shall be filed no later than one week prior to trial.
Trial briefs must be filed at least one week before the scheduled trial date.
Counsel shall file trial briefs at least ONE (1) week prior to the scheduled trial date listed above. Trial briefs shall include the following:
Motions in limine must be filed four weeks before trial unless good cause requires filing closer to trial.
Motions in Limine: 4 weeks prior to trial (unless good cause necessitates filing closer to the time of trial)
- Deadline
- 75 calendar days
A dispositive-motion deadline must fall at least 75 days before trial.
Dispositive motion deadlines must be at least 75 days prior to trial.
An objection to closing a proceeding publicly and to the media must be filed within 10 days after docket notice.
Any objections to the closing of such proceeding shall be filed, in accordance with this Order, within TEN (10) days of the notice of the proceeding appearing on the Clerk's Docket, and in no event less than FIVE (5) days prior to the scheduled hearing.
- Deadline
- 2 working days
The agreed-upon statement must be submitted to the court at least two working days before trial.
Said agreed upon statement shall be submitted to the Court at least TWO (2) working days before the scheduled trial.
Counsel must file trial briefs at least one week before the scheduled trial date.
Counsel shall file trial briefs at least ONE (1) week prior to the scheduled trial date listed above.
Dispositive motion deadlines must be set at least 75 days before trial.
Note: Dispositive motion deadlines must be at least 75 days prior to trial.
A response brief on a summary judgment motion must be filed within 28 days after service of the motion.
Response briefs shall be filed within 28 days after service of the motion.
A reply brief on a summary judgment motion must be filed within seven days after service of the response brief.
Reply briefs shall be filed within seven days after service of the response briefs.
A response brief on a motion to dismiss must be filed within 14 days after service of the motion.
Response briefs shall be filed within 14 days after service of the motion.
Motions in limine should be filed under the Court's Case Management Order and no later than one week before trial.
Motions in limine should be filed in accordance with the Court’s Case Management Order, and in no event later than one week before trial.
- Deadline
- 1 working days
Counsel must confer and submit an agreed-upon statement to the court one working day before trial.
Counsel are expected to confer with one another and submit the agreed-upon statement to the Court one (1) working day before trial.
- Deadline
- 2 working days
Video deposition transcripts with objection logs must be delivered to the court at least two working days before trial.
Transcripts with objection logs shall be delivered to the Court at least two (2) working days prior to the trial.
Motion responses are due under Ohio Civil Rule 6 unless the Court orders otherwise.
Responses to motions are due within the time set forth in Ohio Civil Rule 6, unless otherwise ordered by the Court.
A motion to add parties generally must be filed within 60 days after the complaint, unless the party first obtains written leave of court.
Motions to add parties shall not be made more than sixty days after the filing of the complaint unless written leave of Court is first obtained.
Counsel must confer at least 10 days before the final pre-trial hearing to determine whether factual or issue stipulations are possible.
Counsel shall confer at least ten (10) days prior to the scheduled FINAL PRE-TRIAL HEARING to determine whether they can enter into stipulations relative to the facts or issues.
Any written stipulations must be submitted to the court no later than the final pre-trial hearing date.
Written stipulations, if any, shall be submitted to the Court no later than the date of the final pre-trial hearing.
- Deadline
- 2 working days
The court must receive the proposed-witness list and descriptions of expected testimony at least two working days before trial.
A list of proposed witnesses, together with a description of their expected testimony, shall be furnished to the Court no later than two (2) working days before the scheduled trial date.
- Deadline
- 2 working days
One copy of all proposed trial exhibits and the exhibit index must be furnished to the court no later than two working days before trial.
One (1) copy of all exhibits proposed to be introduced at trial, along with an index of the exhibits containing a brief description of each exhibit, shall be furnished to the Court no later than two (2) working days before the scheduled trial date.
- Deadline
- 2 working days
Counsel must exchange all exhibits and exhibit indices no later than two working days before trial.
Counsel shall exchange copies of all exhibits and exhibit indices no later than two (2) working days before the scheduled trial date.
- Deadline
- 1 working days
In all jury cases, proposed jury instructions, interrogatories, and verdict forms must be submitted to the court at least one week before the scheduled trial by email.
(20) In all jury cases, any proposed jury instructions, interrogatories, and verdict forms shall be submitted to the Court at least one (1) week before the scheduled trial via e-mail to Magistrate Stephan Babik at spbabik@starkcountyohio.gov in Microsoft Word format.
- Deadline
- 2 working days
The agreed-upon statement of the case must be submitted to the court at least two working days before trial.
(21) In all jury cases, counsel shall confer and agree upon a short statement of the case to be read by the court to the jury during jury selection. Said agreed upon statement shall be submitted to the Court at least two (2) working days before the scheduled trial.
- Deadline
- 1 working days
A deposition requiring a court ruling must be submitted to the court one week before the scheduled trial date.
(22) Any deposition to be ruled on by the Court shall be submitted to the Court one (1) week prior to the scheduled trial date and shall include reference to objections and the reason therefore.
The Clerk accepts fax transmissions 24 hours a day, seven days a week, including holidays, but fax availability does not accelerate filing deadlines.
The office of the Clerk of Courts will be deemed open to receive facsimile transmission of documents on the basis of 24 hours per day seven days per week including holidays. [...] The fact that fax filing may be available to file certain documents at times when the office of the Clerk of Courts is not otherwise open for business DOES NOT accelerate the time for filing.
The appellant may file a reply brief within 10 days after the appellee files its brief.
(C) Within ten (10) days after filing of the appellee's brief, the appellant may file a reply brief.
After notice to a noncompliant plaintiff, another interested party may seek leave and, if granted, file the required title evidence within the ensuing 30 days.
Upon failure of the plaintiff to timely comply with the foregoing requirements, any other interested party upon notice to plaintiff, may procure leave to furnish and file such evidence of title within the ensuing thirty (30) days.
- Deadline
- 7 calendar days
A request for a hearing on an attorney’s withdrawal affidavit must be completed and filed within seven days after receipt of the application to withdraw.
If you desire to have a hearing regarding your attorney’s affidavit to withdraw as attorney of record, this Request for Hearing form must be completed and filed with the Court within seven (7) days after receiving the Application To Withdraw as Attorney of Record.
The court will hold a non-oral motion hearing on or after the day following filing of the reply brief unless the court orders otherwise.
The court will hold a NON-ORAL hearing on the motion on or after the day following the filing of the Reply Brief unless otherwise ordered by the Court.
- Deadline
- 1 working days
Proposed jury instructions submitted outside the one-week deadline will not be accepted absent a showing that unexpected testimony or issues necessitated late filing.
(20) In all jury cases, any proposed jury instructions, interrogatories, and verdict forms shall be submitted to the Court at least one (1) week before the scheduled trial via e-mail to Magistrate Stephan Babik at spbabik@starkcountyohio.gov in Microsoft Word format. Proposed jury instructions filed outside the foregoing time limit will not be accepted by this Court absent a showing that unexpected testimony and/or issues necessitated a later filing.
Civil exhibits are retained for one year after final judgment, may be requested during that period, and will be destroyed afterward unless the court orders otherwise.
Exhibits in civil cases will be held for a period of one (1) year from the date of the final entry of judgment in the case. Parties desiring return of exhibits should make application to the Court within the one year period. All civil exhibits will be destroyed after the one (1) year time period, unless otherwise ordered by the Court.
- Deadline
- 1 working days
Counsel are encouraged to file trial briefs at least one week before the scheduled trial date.
(23) Counsel are encouraged to file trial briefs at least one (1) week before the scheduled trial date.
When is a filing treated as filed in Stark County Court of Common Pleas, General Division?
The rule addresses filing timing, filing status, or cure windows. A proposed Stipulated Protective Order should be filed within 30 days after issuance of the Court's Case Management Order.
When is a filing treated as filed in Stark County Court of Common Pleas, General Division?
The rule addresses filing timing, filing status, or cure windows. Absent a showing of good cause, parties must use the trial and final pretrial dates established in the initial pretrial order.
When is a filing treated as filed in Stark County Court of Common Pleas, General Division?
The rule addresses filing timing, filing status, or cure windows. Motions in limine should be filed two weeks before trial unless good cause requires filing closer to trial.
When is a filing treated as filed in Stark County Court of Common Pleas, General Division?
The rule addresses filing timing, filing status, or cure windows. Video-deposition transcripts and objection logs stating each objection and citing relevant authority must be filed no later than one week before trial.
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