Court Rules

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

68 rules from official source documents

Rules 51 to 68, page 2 of 2

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Filing deadlines

CRITICAL

Counsel must immediately file the bankruptcy-stay notice and the required file-stamped attachment with the Court.

If any party to any pending civil litigation files a proceeding in the U.S. Bankruptcy Court which results in a stay of this Court’s proceedings, counsel for such party shall immediately file with the Court a notice of same with an attached file stamped copy of either the petition or stay order.

CRITICAL

The other parent must file a written hearing request within 20 days after receiving the election.

If the other parent does not file a written request for a hearing within twenty (20) days of the receipt of the election

CRITICAL

The further hearing must be set 7 to 28 days after the judgment entry is filed.

No judgment entry will be signed by the Court unless there is endorsed on the entry, a notice setting the motion for further hearing not sooner than seven (7) nor later than twenty-eight (28) days from the date of the filing of the entry.

CRITICALCivil cases

The notice 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

Video tape depositions with objections and requests for rulings must be filed with the Court at least one week before trial.

Video tape depositions containing objections and requests to rule on the objections shall be filed with the Court no later than one week before trial to allow the Court to rule on the objections and consider the means of editing the deposition, if necessary.

CRITICAL

If any party timely rejects the binding arbitration report and award, the pleadings must be amended and filed with the clerk within 15 days after the rejection.

If the report and award of the Arbitrators is timely rejected by any party, the pleadings shall be amended and filed with the Clerk of Courts within fifteen (15) days following said rejection.

CRITICAL

A party may file exceptions based on arbitrator misconduct or corruption within 30 days after the report is filed.

Exceptions to the decision of the board or single arbitrator based on either misconduct or corruption of the board or single arbitrator may also be filed by any party within thirty days after the filing of the report, and, if sustained, the report shall be vacated.

CRITICAL

A Demand for Trial De Novo is not timely filed unless the required payment accompanies it.

The "Demand for trial De Novo" shall not be deemed timely filed unless said payment accompanies the Demand.

CRITICAL

The other parent must file a written hearing request within 20 days of receiving the election; absent a timely request, the election is automatically granted.

If the other parent does not file a written request for a hearing within twenty (20) days of the receipt of the election serving a copy of the request on the party who gave the notice or that party’s counsel by regular mail, the request will be automatically granted.

WARNING

Failure to attend the parenting class within 60 days of a final entry may result in loss of custody or visitation, as determined by the Court.

FAILURE TO ATTEND THE PARENTING CLASS WITHIN 60 DAYS OF A FINAL ENTRY MAY RESULT IN LOSS OF CUSTODY AND/OR VISITATION AS DETERMINED BY THE COURT.

WARNING

The Court will schedule the pre-trial conference no earlier than 42 days after the action is filed.

The Court will schedule a pre-trial conference no sooner than forty-two (42) days after the filing of an action.

WARNING

If neither the court nor the non-moving parent files a motion, the moving parent may relocate when the 30-day period ends.

If neither the Court nor the non-moving parent files a motion with the Court, the moving parent is entitled to relocate at the conclusion of the thirty (30) day period.

WARNING

If no entry is furnished to the Court within the required time, the Court may dismiss the action for want of prosecution or issue another appropriate order.

If no entry is furnished to the Court within the time provided, the Court may dismiss the action for want of prosecution or make such other Order as the Court deems appropriate under the circumstances.

WARNING

Absent a further court order, the residential parent may relocate after 14 days have elapsed from service of the notice on the other party.

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.

WARNING

Further pre-trials will be scheduled as necessary at 30-day intervals until a trial date is set.

Further pre-trials will be scheduled as necessary on thirty-day intervals until a trial date has been set.

WARNING

The arbitration panel chair must determine at least five days before the hearing whether the required deposit has been made.

The chairman of the arbitration panel shall determine not less than five (5) days prior to the hearing that the proper deposit has been made.

WARNING

If no entry is furnished within the required time, the Court may dismiss the action or make another appropriate order.

If no entry is furnished to the Court within the time provided, the Court may dismiss the action for want of prosecution or make such other Order as the Court deems appropriate under the circumstances.

WARNING

If either party misses the deadline for a brief, the Court may dispose of the case at its discretion.

Upon failure of either party to file a brief within time the cause may be disposed of at the discretion of the Court.