Van Wert Municipal Court, Ohio Filing Timing and Cure Windows

A submitted document is considered filed only after the Clerk stamps it with the date and time and it is properly docketed.

All documents submitted will be considered filed only when the date/time has been stamped by the Clerk and the document has been properly docketed.

The Clerk must not accept pleadings, motions, or other documents that do not comply with this court rule.

Pleadings, motions, or other documents not complying with this rule of Court shall not be accepted for filing by the Clerk.

The journal entry must be submitted to the judge for signature within 21 days of the decision.

Within twenty-one (21) days of the decision, the journal entry shall be submitted to the judge for signature.

Deadline

5 business days

Praecipes for witnesses must be filed at least five business days before trial unless the case is set for trial less than five days in advance.

All praecipe for witnesses shall, unless the case is set for trial less than five (5) days in advance, be filed not less than five (5) business days prior to trial date.

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

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

The opposing party must move or plead within 14 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 filed on or before the fourteenth (14th) day after such pleading or amended pleading is filed, unless otherwise ordered by the Court.

The final pre-trial statement form must be completed and filed with the Clerk by the date and time set at the second pre-trial conference.

Said form shall be completed and filed with the Clerk of this Court on or before the date and time given in the second pre-trial conference.

Settlement may occur without an entry, but an entry must be filed within 30 days or the case will be dismissed for want of prosecution.

The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution.

If a case not set for trial has had no activity for six months, the Clerk must notify the party that it will be dismissed within 30 days unless good cause is shown.

If no action has been taken on a file 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.

If a settlement entry has not been received within 30 days after the file is marked “settlement entry to come,” the Clerk must notify the party that the cause will be dismissed unless the entry is received within a further 30 days.

When a file has been marked “settlement entry to come” and the entry has not been received within thirty (30) days, then the Clerk shall notify the party that his cause will be dismissed unless the entry is received within thirty (30) days.

Deadline

5 business days

Praecipes for witnesses must be filed at least five business days before trial unless the case is set for trial less than five business days in advance.

All praecipe for witnesses shall, unless the case is set for trial less than five (5) business days in advance, be filed not less than five (5) business days prior to trial date.

A criminal jury-trial demand must be filed by the later of the stated Rule 23(A) deadlines; missing the deadline completely waives the jury-trial right, with no exceptions.

In criminal cases the demand for jury trial must be filed 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.

After a written jury demand, any waiver must be in writing at least eight days before trial.

Once a written demand for jury has been filed, any subsequent waiver of jury trial shall be made in writing at least eight (8) days prior to the trial date.

In a case transferred from small claims court to the regular docket under the cited statute, the defendant’s answer must be filed within 14 days after 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 filed within fourteen (14) days of the date of the entry ordering such transfer.

Counsel must notify the court by 12:00 pm on the seventh day before trial of any change in plea or jury-demand status.

Counsel for the parties shall notify the court by 12:00 pm 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.

Jury questionnaires must be submitted to potential jurors and available for review by any party or counsel one week before trial.

Jury questionnaires shall be submitted to potential jurors and shall be available for review by any party or their counsel one (1) week prior to trial date.

Applies to

Stenographer request motion

A written motion requesting a stenographer must be filed within ten days before the hearing date.

If a stenographer is requested for any hearing, the party requesting the stenographer must file a motion with the court in writing within ten (10) days before the hearing date requesting a stenographer be scheduled by the Court.

Opposing counsel must approve or reject the journal entry within seven days; otherwise, it must be 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”.