Struthers Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

A corrective filing after rejection is a new filing and does not relate back unless the filer obtains relief by motion when the rejection resulted from technical errors.

Filers will be notified via electronic mail if the filing is rejected for any reason. A corrective filing may be sent at a later time if the filer elects to do so, but such a filing will be considered a new filing and will not relate back to the date and time of the original attempt to file the document. If a document is rejected due to technical errors and the filer wishes to have the corrective filing relate back as to date and time, the filer must file a motion with the court seeking such relief.

WARNING

The judge must rule within seven days thereafter, unless a responsive pleading is filed or the court grants leave for one to be filed.

the judge shall enter his ruling thereon within seven (7) days thereafter, unless a responsive pleading is filed, or the Court grants leave for a responsive pleading to be filed.

WARNING

Thirty days after the complaint is issued, the clerk must check the docket to determine whether service was perfected on all parties.

Thirty (30) days after the complaint is issued, the clerk shall check the docket to determine whether service was perfected on all parties.

WARNING

The clerk must deliver any motion to the judge within two days after filing.

The clerk of Court shall deliver any motion to the judge within two (2) days after the filing

INFO

Upon complete receipt and successful transmission, the system assigns a transaction number and displays the filing date and time and an image of the document.

A transaction number will be assigned to each document when it is received in its entirety by the receiving device of the clerk. The transaction number and the date and time of filing will be displayed on the screen of the filer's computer, with an image of the document filed, upon successful transmission of the document.

CRITICAL

A summary-judgment motion may not be filed after the dispositive-motion date set at the initial pretrial hearing unless the court determines there is good cause.

No motion for summary judgment shall be filed in any case after the dispositive motion date set at the initial pre-trial hearing unless the court, for good cause, determines otherwise.

CRITICAL

When a complaint includes a forcible-entry-and-detainer count, the clerk must set that count within the time prescribed by law and the breach-of-contract count more than 30 days thereafter.

Upon the filing of a complaint which includes a count in forcible entry and detainer, the clerk shall bifurcate the hearings by way of setting the forcible entry and detainer count within the time prescribed by law and setting the breach of contract count more than 30 days thereafter.

CRITICAL

Prevailing counsel must prepare and submit the judgment entry within 10 days of the court's order or direction, unless the court extends the time.

When ordered or directed by the court, counsel for the party in whose favor an entry, order, judgment or decreed is entered in a civil case shall, within ten (10) days thereafter, unless the time is extended by the court, prepare an appropriate Judgment Entry and submit the same to counsel for the opposite party who shall approve or reject the same within three (3) days after its receipt and may in case of rejection, file objections thereto in writing with the court.

CRITICAL

A defendant must answer within 28 days after service; if the defendant does not, the court must promptly set the matter for trial.

In the event a party defendant fails, refises and/or neglects to answer a complaint within twenty-eight (28) days after service, the Court shall promptly set the matter for trial.

CRITICAL

A small-claims hearing must be set no earlier than 15 days and no later than 40 days after filing.

The law requires that all small claim hearings shall be set no less than fifteen (15) days nor more than forty (40) days after the date of the filing.

CRITICAL

The plaintiff may file a default-judgment motion after the defendant’s answer date through seven days before trial; failing to file it timely may result in sua sponte dismissal of the action against the defendant.

The plaintiff or plaintiffs counsel is granted leave to file a motion for default judgment upon the passing of Defendant's Answer date through the date seven days prior to the scheduled trial date. Additionally, the failure to timely file a motion for default judgment may result in the court sua sponte dismissing plaintiff's action against the defendant.

CRITICAL

A party seeking default judgment must apply in writing or orally to the trial judge at least seven days before trial.

When a party against whom a judgment for affirmative relief is sought, has failed to plead or otherwise defend as provided by the civil rules, the party entitled to a judgment by default shall promptly apply in writing or orally to the trial judge at least seven (7) days prior to the date the matter is set for trial.

CRITICAL

A motion to withdraw must be filed more than ten days before the next scheduled appearance.

Said motion shall be filed more than ten (10) days before the next scheduled appearance date.

CRITICAL

Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.

Motions shall be filed within the time limits established by the Ohio Rules of Criminal Procedure.

CRITICAL

A jury-trial demand in a forcible-entry-and-detainer case must be made in writing and filed with the Clerk's office at least three days before trial.

A demand for a jury trial in forcible entry and detainer cases shall be made in writing and filed with the clerk's office not less than three (3) days prior to the date of trial.

CRITICAL

A counterclaim or crossclaim must be filed with the Clerk of Courts at least seven days before trial of the plaintiff's original claim.

Any person who files a counterclaim or crossclaim shall file it with the Clerk of Courts and serve it on all other parties at least seven days prior to the date of the trial of the plaintiff's claim in the original action.

CRITICAL

A settlement judgment entry must be presented to the court no later than 10 days after the parties report the settlement.

In the event a matter set for trial is settled, counsel for the parties shall prepare and sign a judgment entry. Such judgment entry shall be presented to the court no later than ten (10) days after the parties reported to the court that the case had been settled.

WARNING

A defendant with an offense processable by the traffic violations bureau may, within seven days after ticket issuance, appear and plead guilty and pay, or mail the signed ticket and payment.

(1) Within seven (7) days after the date of issuance of the ticket, a defendant charged with an offense that can be processed by a traffic violations bureau may do either of the following: (a) Appear in person at the traffic violations bureau, sign a plea of guilty and waiver of trial provision of the ticket, and pay the total amount of the fines and costs; (b) Sign the guilty plea and waiver of trial provision of the ticket and mail the ticket and money order, or other approved form of payment for the total amount of the fine and costs to the traffic violation bureau.

WARNING

A defendant with an offense processable by the traffic violations bureau may, within seven days after ticket issuance, plead guilty, waive trial, and pay by credit or debit card online or at the window.

(2) Within seven days after the date of issuance of the ticket, a defendant charged with an offense that can be processed by a traffic violation bureau may enter his plea of guilty to the offense, waive his right to trial, and pay the total amount of the fine and costs with a credit and/or debit card either over the internet or at the window.