Van Wert County Court of Common Pleas, Ohio Filing Timing and Cure Windows

CRITICAL

Deadline

24 hours

To have a rejected filing treated as tendered on the rejection date, the e-filer must resubmit it within 24 hours of the rejection email, including on weekends and holidays; later corrective filings are rejected, and a new attempt will not relate back.

A rejected filing will be treated by the court as having been tendered to the clerk for filing on the date of the rejection if the e-filer resubmits the rejected document through the e-filing system within 24 hours after the rejection email was sent by the clerk. That 24-hour window is a firm deadline, and it applies even on weekends and holidays. Any corrective filing submitted after the 24-hour period expires will be rejected. If an e-filer wishes to file the rejected document electronically after the 24-hour correction period, that e-filer may initiate a new e-filing attempt, but the document will not be treated by the court as having been tendered to the clerk on the date of the initial rejection.

CRITICAL

If opposing counsel does not approve the entry within seven days, prevailing counsel must submit it to the Court without that approval.

If opposing counsel fails to approve the same within the seven days, prevailing counsel shall submit the entry to the Court without the approval of opposing counsel.

CRITICAL

The dissolution final hearing must be set 30 to 90 days after the petition is filed.

Said hearing will be set not less than thirty (30) days nor more than ninety (90) days following the date of the filing of the petition.

CRITICAL

An accepted document receives an electronic file stamp, and the document is considered filed on the date and time shown on that stamp.

Upon acceptance by the clerk, a document will receive an electronic file stamp. (ii) This stamp will include the date and time when the clerk originally received the transmission. A document received electronically will be considered to have been filed on the date and time in the time stamp.

CRITICAL

The required memorandum and exhibit packet must be submitted one week before the arbitration hearing.

One week prior to the arbitration hearing, the parties shall submit to each arbitrator and the opposing party a memorandum not exceeding 10 pages stating the legal and factual positions of the parties, together with an organized packet containing documentary exhibits the party intends to offer at the hearing.

CRITICAL

The clerk’s timestamp determines the filing date and time; faxes received after 4:00 p.m. on a regular business day or anytime on a weekend or holiday are filed the next regular business day.

The date/time of filing is not determined by the facsimile machine date/time stamp but is instead determined by the clerk’s time-stamp clock. Although facsimiles may be transmitted 24 hours per day, seven days per week, regardless of whether or not the clerk’s office is open, any facsimile received by the clerk after 4:00 p.m. on a regular business day or anytime on a weekend or holiday will be filed on the next regular business day. For purposes of any filing deadline imposed by these Local Rules, court order, statute, or otherwise, a document will be deemed filed on the date and time when the clerk time stamps the document.

CRITICAL

To have a corrective filing relate back to the date and time of a rejected filing caused by technical failures, the e-filer must file a motion seeking relief.

If a document is not filed due to technical failures and the e-filer wishes to have the corrective filing relate back to the date and time of the rejected filing, the e-filer must file a motion with the court seeking relief.

WARNING

Upon filing a dissolution petition, the Court will immediately schedule a final hearing.

Immediately upon the filing of a Petition for Dissolution of Marriage, the Court will schedule a final hearing and cause notice to be sent to all parties.

WARNING

The clerk must immediately notify the attorney if a faxed document cannot be filed.

The clerk will immediately notify the attorney if the transmitted document cannot be filed for any reason.

WARNING

An e-filer whose filing becomes untimely because of a technical failure on the clerk’s system or the e-filer’s end may seek appropriate relief from the court.

An e-filer whose filing is made untimely as a result of a Technical Failure of the clerk’s system or site, or as a result of problems on the e-filer’s end, may seek appropriate relief from the court.

WARNING

The clerk may deem the site to have a technical failure if it cannot accept filings continuously or accepts them intermittently for more than one hour after 10:00 a.m.; known outages will be posted if possible.

The clerk may deem the e-filing site to be subject to a technical failure on a given day if the site is unable to accept filings continuously or only accepts filings intermittently over the course of any period of time greater than one hour after 10:00 a.m. that day. Known system outages will be posted on the clerk’s website, if possible.

WARNING

Parties filing outside the stated business hours assume the risk of technical failures that prevent e-filing.

Parties filing after normal business hours (8:00 a.m. to 4:00 p.m. Monday through Friday, excluding holidays) assume the risk of technical failures that prevent the e-filing of their document.

WARNING

The court’s Eastern Time zone governs filing times, not the filer’s time zone.

Time at the court (Eastern Time zone) governs, rather than the time zone from which the filing is made.

INFO

After the clerk successfully processes an e-filed document, the e-filer will receive an email confirming acceptance and filing, with the confirmation number and any assigned case number.

Upon successful processing by the clerk of the document submitted for e-filing, an email will be sent to the e-filer stating that the document was accepted and filed. The email will also contain the confirmation number and case number assigned, if any.

CRITICAL

The assigned Judge must designate the arbitration panel chairman and/or third arbitrator within 45 days after the arbitration order is filed.

The Judge to whom the case is assigned shall designate, within forty-five (45) days after the order to arbitration has been filed, the arbitration panel chairman and/or the third arbitrator.

CRITICAL

The judgment entry terminating a settled case must be presented for approval within 14 days after settlement.

Upon settlement of any action, counsel will immediately notify the Court of such settlement and present a judgment entry terminating the case for approval within fourteen (14) days.

CRITICAL

Memoranda Contra may be filed within seven days after the objections are filed.

Memoranda Contra may be filed within seven (7) days of the filing of such objections

CRITICAL

The residential parent may relocate after 14 days have expired from service of the notice, unless the Court orders otherwise.

The residential parent may relocate after the expiration of fourteen (14) days once the other party is served with said notice in the absence of further court order.

CRITICAL

Opposing counsel must approve or reject the entry within seven days.

Opposing counsel shall approve or reject the entry within seven (7) days, and if approved, forthwith submit the same to the Court.

CRITICAL

A party rejecting a binding arbitration report and award must serve notice on all other parties and file it with the clerk within 30 days after the report and award is filed.

If a party desires to reject the report and award, notice of such rejection must be served upon all other parties and filed with the clerk within thirty (30) days after the report and award was filed with the Court.

CRITICAL

If opposing counsel does not approve the entry within seven days, prevailing counsel must submit it to the Court without that approval.

If opposing counsel fails to approve the same within the seven days, prevailing counsel shall submit the entry to the Court without the approval of opposing counsel.

CRITICAL

A Shared Parenting Plan may not be ordered until it has been on file for 30 days unless a written waiver is submitted.

A Shared Parenting Plan will not be ordered until the plan has been on file for thirty (30) days unless a written waiver is submitted.

CRITICAL

Requests for hearings shall be promptly and timely made so that hearings can be set within the time limits set by law.

Requests for hearings shall be promptly and timely made so that hearings can be set within the time limits set by law.

CRITICAL

A transcript request must be submitted to the Court Reporter within three days after objections are filed.

A request for a transcript shall be submitted to the Court Reporter within three (3) days after the filing of said objections.

CRITICAL

When ordered by the Court, plaintiffs and defendants must each deposit $800 within 20 days after receipt of the assignment notice.

If Ordered by the Court - To guarantee the arbitrators fees the plaintiff (s) shall deposit the sum of eight hundred dollars ($800.00) with the Clerk of Courts within twenty (20) days of receipt of the assignment notice and the defendant (s) shall deposit a like sum of eight hundred dollars ($800.00) within twenty (20) days of receipt of the assignment notice.

CRITICAL

Opposing counsel must approve or reject the judgment entry within seven days after receiving it.

After submission to opposing counsel, that counsel shall approve or reject same within seven (7) days, and if approved, immediately submit same to the Court.

CRITICAL

In an administrative appeal, a written request for oral argument must be filed no later than seven days before the matter is considered submitted or oral argument is waived.

Oral argument will be considered waived unless a written request for such argument is filed not later than seven (7) day before the matter is considered submitted.

CRITICAL

Opposing counsel must approve or reject the entry within seven days and, if approving it, submit it to the Court forthwith.

Opposing counsel shall approve or reject the entry within seven (7) days, and if approved, forthwith submit the same to the Court.

CRITICAL

If the Court orders briefs after the evidence, the Plaintiff or moving party must submit a brief within 14 days, the opposing party has 14 additional days, and a reply may be filed within 7 days thereafter.

Upon the conclusion of the evidence, the Court on its own motion, or upon motion of either party may order briefs to be filed. Briefs shall be submitted by the Plaintiff, or moving party within fourteen (14) days, and by the opposing party within fourteen (14) additional days thereafter. A reply brief shall be filed within seven (7) days thereafter if desired.

CRITICAL

A request for a record of proceedings before the magistrate must be made at least seven days before the hearing.

A record will be made of any proceedings before the magistrate only if a request is made therefor in writing and filed and served upon the Court Reporter seven (7) days prior to hearing.

CRITICAL

The panel chair must file the written report and award with the clerk within 30 days after the hearing.

Within thirty (30) days after the hearing, the chairman of the panel shall file a written report and award with the Clerk of the Court of Common Pleas

CRITICAL

If ordered by the Court, the required deposit must be made no later than 15 days before the arbitration date.

Upon the case being assigned to arbitration, and no later than 15 days prior to the date set for arbitration before the arbitrators, the plaintiffs and defendants must each deposit with the Clerk $800.00 (total of $1600.00) as security for the payment of the arbitrators "IF ORDERED BY THE COURT. "

CRITICAL

Prevailing counsel must submit the prepared judgment, decree, or order to opposing counsel within seven days of the hearing.

All judgments, decrees and orders shall be prepared by prevailing counsel, accurately reflecting the Court’s decision, and submitted to opposing counsel within seven (7) days of the hearing.

CRITICAL

If all parties timely accept the non-binding arbitration report and award, the pleadings must be amended and filed with the clerk within 15 days after acceptance.

If the report and award of the Arbitrators is timely accepted by all parties, the pleadings shall be amended and filed with the Clerk of Courts within fifteen (15) days following said acceptance.

CRITICAL

The arbitrators must file the award with the Clerk of Courts promptly after the hearing and no later than seven days after it closes.

The arbitrators shall file the award with the Clerk of Courts promptly following the close of the hearing and in any event not more than 7 days following the close of the hearing.

CRITICAL

A party must file and serve a demand for trial de novo within 30 days after the award is filed; otherwise, the award becomes a judgment of the Court.

Unless a party has filed with the clerk and with service upon all parties a demand for trial de novo within 30 days following the filing of the award, the award shall become the judgment of the Court and shall have the same force and effect as a judgment of the Court in any other civil action.

CRITICAL

Objections to arbitration must be raised by written motion within 10 days after the notice of assignment is mailed.

Valid objections to the arbitration must be raised by written motion filed no later than 10 days from the mailing of notice of assignment of the case to arbitration.

CRITICAL

If needed to support objections, the moving party must file the transcript within thirty days after filing objections, unless the Court extends the time in writing.

If a transcript of the trial or hearing is necessary to support objections, the transcript must be filed by the moving party within thirty (30) days after the filing of objections unless the Court, in writing, extends the time.

CRITICAL

The participant must file a Request for Admittance before acceptance into the Recovery Court Program.

Prior to acceptance into the Recovery Court Program, each person shall have been referred to a judge, probation officer, prosecutor, or defense attorney and the participant shall have filed a Request for Admittance with the Clerk of Court.

CRITICAL

The notice of intent to relocate must be filed at least 30 days before relocation, except in emergency circumstances.

Said notice must be filed at least thirty (30) days in advance of the relocation, absent emergency circumstances.

CRITICAL

Plaintiff’s and defendant’s counsel must furnish their respective arbitrator selections to the Assignment Commissioner within 30 days after the arbitration order is filed.

Counsel for the Plaintiff and Defendant shall furnish to the Assignment Commissioner the name of the member of the panel to be appointed by them respectively within thirty (30) days after the order to arbitration has been filed by the Court.

CRITICAL

The dissolution matter will be dismissed without further notice if the parties fail to appear or no hearing is held within 90 days after filing.

If the parties fail to appear for the hearing or if no hearing is held within ninety (90) days following the date of the filing of the petition, the matter will be dismissed, pursuant to law, without further notice.

CRITICAL

Any party may appeal the award to the Court if, within thirty days after the filing of the award with the Clerk of the Court, he files a “Demand for a Trial De Novo” with the Clerk of Courts and serves a copy thereof on the adverse party or parties accompanied by an affidavit that the appeal is not taken for delay.

Any party may appeal the award to the Court if, within thirty days after the filing of the award with the Clerk of the Court, he files a “Demand for a Trial De Novo” with the Clerk of Courts and serves a copy thereof on the adverse party or parties accompanied by an affidavit that the appeal is not taken for delay.

CRITICAL

A party accepting a non-binding arbitration report and award must serve notice on all other parties and file it with the clerk within 30 days after the report and award is filed.

If a party desires to accept the report and award, notice of such acceptance must be served upon all other parties and filed with the clerk within thirty (30) days after the report and award was filed with the Court.

CRITICALCivil cases

The notice of intent to relocate must be filed at least 30 days before relocation unless emergency circumstances apply.

Said notice must be filed at least thirty (30) days in advance of the relocation, absent emergency circumstances.

CRITICAL

After the Court makes a judgment, decree, or order, prevailing counsel must prepare a judgment entry accurately reflecting the decision within seven days.

counsel for the prevailing party shall, within seven (7) days prepare and submit to opposing counsel a judgment entry accurately reflecting the Court’s decision.

CRITICAL

A party may file objections to the magistrate’s decision and supporting memoranda within fourteen days.

Objection and memoranda in support thereof to the magistrate’s decision may be filed by any party within fourteen (14) days pursuant to Civil Rule 53(E)(2).

CRITICAL

Objections to an arbitrator must be raised by written motion within 10 days after the notice assigning the arbitrators is mailed.

Objections to any arbitrator must be raised by written motion filed no later than 10 days from the mailing of notice of assignment of the arbitrators to a case.

CRITICAL

Parents in covered domestic cases must attend the parenting class; for post-decree relief, attendance must have occurred within the two years before the motion or the parents must attend again.

All parents involved in a new or pending domestic case or in any case seeking post-decree relief in this Court which involves the designation of residential parent and allocation of parental rights and responsibilities for their children or the modification of the same shall be required to attend the parenting class. When post-decree relief is sought, the parents must have attended the parenting class within the two years immediately preceding the filing of the motion for relief; if over two years, the parties shall attend the parenting class again.

CRITICAL

Prevailing counsel must prepare judgments, decrees, and orders that accurately reflect the Court’s decision and submit them to opposing counsel within seven days of the hearing.

All judgments, decrees and orders shall be prepared by prevailing counsel, accurately reflecting the Court’s decision, and submitted to opposing counsel within seven (7) days of the hearing.