Tiffin-Fostoria Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

The court will not entertain motions on the day of trial, except motions it must consider by law or rule.

No motions shall be entertained by the court the day of trial, except those which the court must consider by law or by rule of procedure.

CRITICAL

Electronically transmitted documents will be received by the Court and will be considered led when submitted via e- ling portal.

Electronically transmitted documents will be received by the Court and will be considered led when submitted via e- ling portal.

CRITICAL

Counsel for the parties shall notify the court by 12:00 p.m. of the seventh (7th) day preceding their trial of any change in plea, or jury demand status by a jury waiver in writing signed by the defendant or jury costs will be attached to their case.

Counsel for the parties shall notify the court by 12:00 p.m. of the seventh (7th) day preceding their trial of any change in plea, or jury demand status by a jury waiver in writing signed by the defendant or jury costs will be attached to their case.

CRITICAL

Proposed jury instructions must be submitted by the assigned date and time.

Such proposed jury instructions shall not be submitted past the assigned date and time.

CRITICAL

After a responsive pleading is filed, the Clerk must immediately forward the pleading and file to the Judge so a hearing may be set.

After any responsive pleading is led, the Clerk shall immediately forward said pleading and le to the judge so the matter may be set for a hearing.

CRITICAL

The Clerk must notify the filer if a transmitted document cannot be filed, and a submitted document is considered filed only when stamped by the Clerk and properly docketed.

The Clerk shall notify the attorney or other parties if the transmitted document cannot be led for any reason. All documents submitted will be considered led only when the date/time has been stamped by the Clerk and the document has been properly docketed.

WARNING

The Court may require trial briefs and, if it does, will set their filing date.

In addition, the Court may determine whether or not trial briefs should be submitted and shall x a date when they are to be led.

CRITICAL

If no action is taken on a file for 6 months and the case is not set for trial, the Clerk must notify the party that dismissal will follow within 30 days unless good cause is shown.

If no action has been taken on a le for a six (6) month period and the case is not set for trial, then the Clerk shall notify the party that the matter will be dismissed within thirty (30) days unless good cause is shown.

CRITICAL

The additional $250 civil jury deposit must be tendered at least three weeks before trial.

An additional deposit of $250.00 shall be tendered no less than three weeks before the trial date.

CRITICAL

The final pretrial statement form must be completed and filed with the Clerk by the date and time set at the pretrial with the Court.

Said form shall be completed and led with the Clerk of this Court on or before the date and time given in the pretrial with the court.

CRITICAL

For represented defendants charged with jailable misdemeanors, the Clerk or deputy Clerk must set a pretrial within 20 days after arraignment, except when the time allowed under R.C. 2945.71 is less than 30 days.

After arraignment, all jailable misdemeanors wherein the defendant is represented by a defense counsel shall be set for pretrial by the Clerk or deputy Clerk within twenty (20) days except in those cases wherein the time allowed by R.C. 2945.71 is less than thirty (30) days.

CRITICAL

After the stated notice date, the Court will accept only a plea to the original charge.

After this date, the court will not accept any plea except to the original charge.

CRITICAL

Applies to

Jury trial demand

A criminal jury-trial demand must be filed by the later of the stated deadline measured from trial or receipt of trial-date notice; missing the deadline waives the jury-trial right with no exceptions.

In criminal cases the demand for jury trial must be led within the time limits set forth in Ohio Criminal Rule 23(A) that is not less than ten (10) days prior to trial date, or on or before the third day following receipt of notice of the day set for trial, whichever is later. Failure to demand a jury trial within the time limits set forth is a complete waiver of the right to trial by jury, and absolutely no exceptions to this rule will be allowed.

CRITICAL

The defendant must reduce the affidavit to an answer or move as though served with the complaint within 14 days of filing.

If a defendant, the same shall reduce his af davit to an answer or move as though served with complaint within fourteen (14) days of the date of his ling.

CRITICAL

Opposing counsel must approve or reject the entry within 7 days; otherwise, it is sent to the court marked unapproved.

Opposing counsel shall approve or reject the entry within seven (7) days or the same shall be transmitted to the court marked "unapproved".

CRITICAL

Unless law, another rule, or the entry specifies otherwise, serve a pleading or amended pleading by the fourteenth day after the specified entry.

In all cases where the ling of a pleading or amended pleading is not xed by law or another rule, the pleading or amended pleading shall be served on or before the fourteenth (14th) day after the date of the entry requiring or granting leave for the ling of such pleading or amended pleading, or overruling or sustaining a motion, unless otherwise speci ed in the entry.

CRITICAL

Forcible entry and detainer cases must be set for hearing within the time limits established by the Ohio Revised Code.

All forcible entry and detainer cases shall be set for hearing before the Court pursuant to the time limits set forth in the Ohio Revised Code.

CRITICAL

The first $500 of the civil jury deposit is due when the complaint or responsive pleading demanding a jury is filed.

$500.00 of the deposit due at the time of the ling of the complaint or responsive pleading demanding said trial by jury.

CRITICAL

The application for default judgment is due within 15 days after the Clerk notifies counsel that the case has defaulted.

Upon noti cation from the clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within fteen (15) days or the case will be dismissed for want of prosecution.

CRITICAL

The Clerk must summon jurors at least ten days before the scheduled trial.

The Clerk shall summons jurors a minimum of ten (10) days prior to the scheduled trial.

CRITICAL

Other special proceedings must be set for hearing within a reasonable time, no later than 90 days.

In all other special proceedings, the case shall be set for hearing within a reasonable time not to exceed ninety (90) days.

CRITICAL

A settlement may avoid trial without an immediate entry, but the entry must be filed within 30 days or the case will be dismissed for want of prosecution.

Entries of settlement may be led at any time. The avoidance of trial by settlement shall be allowed without the ling of an entry, but such entry shall be led within thirty (30) days or the case will be dismissed for want of prosecution.

CRITICAL

The opposing party must move or plead within fourteen days after the pleading or amended pleading is filed, unless the Court orders otherwise.

The opposing party shall move or plead to the pleading or amended pleading so led on or before the fourteenth (14th) day after such pleading or amended pleading is led, unless otherwise ordered by the Court.

CRITICAL

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

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

CRITICAL

After a written jury demand, a waiver must be made at least eight days before trial; failure to comply results in the defendant paying the resulting jury fees and expenses unless the Court orders otherwise.

Once a written demand for jury has been led, any subsequent waiver of the jury trial shall be made in writing at least eight (8) days prior to the trial date. Failure to abide by this rule will result in defendant's paying all jury fees and expenses incurred by reason of such demand, unless otherwise ordered by the Court.

CRITICAL

The journal entry must be submitted to the Judge within 21 days or as directed by the Court; the Court may prepare it thereafter.

Within twenty-one (21) days of the decision or as directed by the Court, the journal entry shall be submitted to the judge for signature, or, hereafter, the Court will prepare the journal entry, and may charge a court cost of $50.00 to the party in whose favor an order of judgment is rendered.

CRITICAL

After a case is transferred from small claims to the regular docket under the cited statute, the defendant must file an answer within fourteen days of the transfer entry.

Where a case is transferred from small claims court to the regular docket of the Court pursuant to Section 1925.10, Ohio Revised Code, the answer of the defendant or defendants shall be led within fourteen (14) days of the date of the entry ordering such transfer.

CRITICAL

If a file marked “Settlement to Come” has no entry after 30 days, the Clerk must notify the party that the case will be dismissed unless the entry is received within the next 30 days.

When a le has been marked "Settlement to Come" and the entry has not been received within thirty (30) days, then the Clerk shall notify the party that his case will be dismissed unless the entry is received within thirty (30) days.

CRITICAL

Special proceedings with hearing time limits established by the Ohio Revised Code must be set within those limits.

Cases that have time limits established by the Ohio Revised Code shall be set within those time limits for hearing.

CRITICAL

Applies to

Witness praecipe

Witness praecipes must be filed at least five days before trial unless the case was set for trial less than five days in advance.

All praecipes for witnesses shall, unless the case is set for trial less than ve (5) days in advance, be led not less than ve (5) days prior to trial date.

CRITICAL

Deadline

5 court days

Withdrawal of counsel is prohibited within five court days of any hearing assignment.

Withdrawal of counsel within ve (5) court days of any hearing assignment shall not be permitted.

CRITICAL

If service of summons is not obtained within 6 months, the Clerk must notify counsel that dismissal will follow in 30 days unless good cause is shown.

In all new cases, if counsel fails to obtain service of summons within six (6) months, the Clerk shall notify counsel that the case will be dismissed in thirty (30) days unless good cause is shown to the contrary.

WARNING

A request for a court reporter must be filed in writing at least five court days before trial, and provision of a reporter remains within the Court’s discretion.

A court reporter may be supplied upon the written request of either party or his/her counsel and at the discretion of the Court, provided such request is led in writing at least ve court days prior to trial.