Willoughby Municipal Court, Ohio Filing Timing and Cure Windows

CRITICAL

A new complaint is deemed filed at the date and time it is received and accepted by the Clerk, as shown by the submitted document’s timestamp.

Effective Date and Time of Filing of a New Complaint - means the date and time the electronic filing was received and accepted by the Clerk of Court as noted on the time stamp on the submitted document.

CRITICAL

The clerk receives fax filings during regular public business hours; fax filings received after the court closes, including after 4:30 PM, are considered filed when the court next opens for business.

The Office of the Clerk of Court will be deemed open to receive facsimile transmission of documents on the same days and at the same time the court is regularly open to the public for business. Therefore, a fax filing received after the court closes on a given business day will be deemed filed with the Clerk of Court as of the opening of the next business day. 2. If received after 4:30 PM, that filing would be considered filed as of the following day the court is open for business.

CRITICAL

The submitting party must correct rejected documents until they are accepted.

Rejected documents must be corrected by the submitting party until they are accepted.

CRITICAL

The proposed journal entry must be submitted when the motion is filed.

1. All attorneys, at the time of filing a motion, must submit with that motion a separate filing of a proposed journal entry granting the motion and setting forth the requested relief.

CRITICAL

A document is timely if received by 11:59 p.m. Eastern Standard Time on its due date, unless the assigned judge orders a different filing time or date.

A document will be deemed timely when received by 11:59 p.m. the evening of the due date, unless the assigned judge has ordered the document filed by a different time/date. Time at the Court (Eastern Standard) governs, rather than the time zone from which the filing is made.

CRITICAL

An accepted fax document is considered filed at the date and time the clerk time-stamps its receipt, not when it was transmitted.

Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Court as of the date and time the Clerk time-stamps the document received as opposed to the date and time of the fax transmission.

CRITICAL

To retain the original filing date, time, and confirmation number, an email-resubmitted rejected filing must reach the Clerk within 24 hours after the rejection email was sent.

Rejected filings which are resubmitted via electronic mail must be received by the Clerk of Court within twenty-four (24) hours of the time that the rejection electronic mail message was sent by the Clerk of Court in order to retain the original date and time of filing and confirmation number.

CRITICAL

The motion must be docketed before the proposed journal entry is submitted to the judge.

2. The motion shall be docketed prior to submitting the proposed journal entry to the judge, and the proposed journal entry shall contain, by reference, the case number of the case

CRITICAL

rejected filing, the filer must file a motion with the Court seeking relief.

rejected filing, the filer must file a motion with the Court seeking relief.

CRITICAL

A motion is deemed filed at the date and time it is received and accepted by the Clerk, as shown by the submitted document’s timestamp.

Effective Date and Time of Filing of a Motion - means the date and time the electronic filing was received and accepted by the Clerk of Court as noted on the time stamp on the submitted document.

WARNING

The Clerk of Court will not retain rejected documents.

The Clerk of Court shall not retain the rejected documents.

WARNING

A rejected filing may be resubmitted to the Clerk to retain its original filing date and time.

A rejected filing may be resubmitted to the Clerk of Court in order to retain the original date and time of filing.

WARNING

Accepted electronically filed documents must receive an acknowledgment showing the confirmation date and time of successful filing.

All electronically filed documents accepted by the Clerk’s Office shall receive a confirmation date and time acknowledgement of successful filing.

WARNING

The Clerk of Court’s Office may deem the website to have a technical failure on a given day if it cannot accept filings continuously or intermittently for a period greater than one hour.

1. The Clerk of Court's Office may deem the internet web site to be subject to a technical failure on a given day if the site is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour.

WARNING

A filing party may seek appropriate relief if a technical failure of the Court’s system or site makes a filing untimely.

4. A filing party whose filing is made untimely as a result of a technical failure of the Court's system or site may seek appropriate relief from the Court.

WARNING

Filers are notified by email if a filing is rejected.

Filers will be notified via electronic mail if the filing is rejected for any reason.

WARNING

A filer may submit a corrective filing later, but after the 24-hour period it is treated as a new filing and the prior confirmation number expires.

A corrective filing may, however, be sent at a later time if the filer elects to do so, but after the twenty-four (24) hour period expires, this filing will be considered a new filing and the prior confirmation number will have expired.

WARNING

A confirmation number is assigned when the Clerk’s receiving device receives a filing in its entirety.

A confirmation number will be assigned to each filing when it is received in its entirety by the Clerk of Court's receiving device.

WARNING

Upon successful transmission, the filer’s screen displays the confirmation number and the filing date and time.

The confirmation number and the date and time of the filing will be displayed on the screen of the filer's computer upon successful transmission of the filing.

WARNING

If a fax is sent without the required cover-page information, the clerk may file it or place it in the failed-fax file, in which case it is not considered filed.

If a document is sent by fax to the clerk without the cover page information listed above, the clerk may do either of the following: a. enter the document in the case docket and file the document; b. deposit the document in a file of failed faxed documents with a notation of the reason for the failure (omission of cover page). The document shall not be considered filed with the clerk.

INFO

After the Clerk completes acceptance processing, an electronically filed document receives a stamp showing the acceptance date and time and assigned case number.

Upon successful completion of acceptance processing by the Clerk of Court, a document filed electronically will be electronically file stamped. This stamp will include the date and time that the Clerk of Courts accepted the e-filing, and the case number of the filing that is assigned.

INFO

Known system outages will be posted on the website if possible.

2. Known system outages will be posted on the website, if possible.

CRITICAL

Proposed jury instructions must be submitted seven full days before trial.

Counsel shall submit to the Court, seven (7) full days in advance of trial, proposed instructions for all charges, specifications and affirmative defenses.

CRITICAL

A motion to transfer without a counterclaim or crossclaim exceeding $6,000 must be filed seven days before trial and may be transferred to the regular docket.

A motion to transfer (without a counterclaim or crossclaim in excess of $6,000.00) must be filed seven days before trial and may be transferred to the regular docket.

CRITICAL

When an interim report is filed, the completed reports and recommendations are due within 30 days after the trial or hearing unless the Court approves an extension by Order.

In cases where such report is filed with the Clerk, the magistrate shall file the completed reports and recommendations not later than thirty (30) days after conclusion of the trial or hearing, unless the Court, by Order, approves an extension of time.

CRITICAL

If a move-out is stayed or canceled and more than 15 business days pass before the new move-out date, the plaintiff must file a new writ.

If a move-out is stayed or canceled, and more than fifteen (15) business days pass between the date the writ issued and the new move-out date, the plaintiff must file a new writ.

CRITICAL

Deadline

5 court days

Unless the Court orders otherwise, a missing exhibit must be filed separately within five court days after the fax or email document is filed; failure may result in the document or exhibit being stricken.

Unless the Court otherwise orders, the missing exhibit shall be filed with the Court, as a separate document, not later than five (5) court days following the filing of the facsimile or email document. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.

CRITICAL

Applies to

Objection

An attorney or party challenging the authenticity of an electronically filed document or its signature must file an objection within ten days after receiving the notice of electronic filing.

3. Any attorney or party challenging the authenticity of an electronically filed document or signature on that document must file an objection to that document within ten (10) days of receiving the notice of electronic filing.

CRITICAL

The settlement or plea agreement must be on the record two days before trial.

The settlement or plea agreement shall be on the record two days prior to trial.

CRITICAL

A. COURT AS TRANSFEROR: The Clerk shall not transfer any case pursuant to venue change in application of Civ.R. 3(C) until all costs are paid, and, in addition, a check made payable to the transferee court in the sum sufficient to secure its costs is deposited with the Clerk to accompany the file upon transfer. It shall be the responsibility of the plaintiff's attorney to ascertain the filing cost in the transferee court. Failure to comply with this rule within fourteen (14) days from the date of entry as to change of venue may form the basis for dismissal of the action.

A. COURT AS TRANSFEROR: The Clerk shall not transfer any case pursuant to venue change in application of Civ.R. 3(C) until all costs are paid, and, in addition, a check made payable to the transferee court in the sum sufficient to secure its costs is deposited with the Clerk to accompany the file upon transfer. It shall be the responsibility of the plaintiff's attorney to ascertain the filing cost in the transferee court. Failure to comply with this rule within fourteen (14) days from the date of entry as to change of venue may form the basis for dismissal of the action.

CRITICAL

The motion to certify and required security-cost payment must be filed within thirty days after the counterclaim, crossclaim, or third-party complaint is filed, or dismissal may follow.

C. CERTIFICATION TO COMMON PLEAS COURT: It shall be the responsibility of any party filing a counterclaim, crossclaim or third-party complaint exceeding the monetary jurisdiction of the Court to also file a motion to certify the case to the Court of Common Pleas. The motion shall be accompanied by a check or money order made payable to the Court of Common Pleas, in a sum of not less than the amount specified as security costs for that court. Failure to comply within thirty (30) days of the filing of such counterclaim, crossclaim or third-party complaint shall be grounds for dismissal under Civ.R. 41(B).

CRITICAL

After transfer, the defending party has 28 days from judicial assignment to move or plead.

After transfer, the defending party shall have 28 days from judicial assignment, to move or plead.

CRITICAL

Applies to

Default judgment motion

When default judgment is available because the defendant failed to answer or appear, the motion must be filed within 90 days after the plaintiff has notice of the default or the complaint will be dismissed for want of prosecution.

In all cases in which default judgment is available to a party by reason of failure of defendant to answer or appear, the motion for default judgment must be filed within 90 days from the time that plaintiff has notice of such default. Failure to file a motion for default shall result in dismissal of the complaint for want of prosecution.

CRITICAL

The scheduled move-out must occur within 10 days after the Clerk’s Office issues the writ.

Writs must be executed upon (the scheduled move-out must occur) within ten (10) days of issuance by the Clerk’s Office.

CRITICAL

A jury demand must be filed within the time frame set by the applicable rule.

The jury demand must be filed in compliance with the time frame set forth in the applicable Rule.

CRITICAL

Applies to

Objection

A non-filing signatory or party disputing the authenticity of an electronically filed document with multiple signatures, or of the signatures themselves, must object within ten days after receiving the notice of electronic filing.

a. A non-filing signatory or party who disputes the authenticity of an electronically filed document containing multiple signatures or the authenticity of the signatures themselves must file an objection to the document within ten (10) days of receiving the notice of electronic filing.

CRITICAL

A motion to withdraw must be filed at least seven days before the next scheduled hearing.

Said motion shall be filed at least seven (7) days prior to the next scheduled hearing.

CRITICAL

Counsel must present exhibits to the Bailiff for marking at least one day before trial.

Counsel shall present exhibits to the Bailiff for marking at least one (1) day before trial.

CRITICAL

A writ must be timely filed within 30 days after the judgment hearing unless the judgment orders otherwise.

Within thirty (30) days of the date of the hearing in which judgment was rendered, unless the judgment orders otherwise.

CRITICAL

Motions must be timely filed in accordance with Ohio Rules and Statutes.

All motions shall be in writing and timely filed and served on all appropriate parties in accordance with Ohio Rules and Statutes.

CRITICAL

Magistrates must file reports and recommendations within 15 days after a trial or hearing, unless unusual complexity requires more time, in which case an interim report explaining the delay must be filed.

Magistrates shall file their reports and recommendations with the Clerk within fifteen (15) days after conclusion of the trial or hearing before them, except in rare and unusual cases in which the complexity of the facts of the law requires additional time for consideration by the magistrate, in which case the magistrate shall file an interim report setting forth the reasons for the delay.

CRITICAL

Parties must file a trial brief at least seven days before trial.

Parties shall file a trial brief at least seven (7) days in advance of trial.

CRITICAL

The pro hac vice notice and granting order must be filed within 30 days after permission is granted.

If the judge or magistrate grants the applicant’s motion for permission to appear pro hac vice, the applicant must file a Notice of Permission to Appear Pro Hac Vice and a copy of the order granting permission with the Office of Attorney Services at the Ohio Supreme Court within 30 days.

CRITICAL

Completed transcripts must be filed with the court immediately.

All transcriptions must be filed with the court immediately upon completion.

CRITICAL

The required cost deposit must be made within fourteen days after receipt of the file from the transferor court or the file may be returned.

B. COURT AS TRANSFEREE: The Clerk shall not file and docket any case transferred to this Court pursuant to venue change in application of Civ.R. 3(C) until a sum sufficient to secure costs has been deposited. Failure to comply with this rule within fourteen (14) days from receipt of the file from the transferor court may form the basis for returning the file to the transferor court.

CRITICAL

Deadline

3 business days

If a jury trial is resolved, the jury waiver and plea agreement must be filed three business days before trial.

If a jury trial is resolved, the jury waiver and plea agreement shall be filed three (3) business days before the trial date.

CRITICAL

A not-guilty plea letter must be sent before the defendant’s scheduled arraignment.

A defendant may enter a plea of not guilty by letter prior to defendant’s scheduled arraignment

CRITICAL

If the judgment is more than 30 but less than 60 days old, the plaintiff must file a motion for leave to file a writ.

Where the judgment is more than thirty (30) days old, but less than sixty (60) days old, plaintiff must file a Motion for Leave to file a Writ and serve a copy of the motion on the defendant(s).

CRITICAL

Applies to

Motion

Motions must be filed within the Ohio Rules of Civil Procedure deadlines unless the Court modifies the deadline for good cause upon motion.

Motions must be filed within the time guidelines set forth in the Ohio Rules of Civil Procedure unless modified for good cause upon motion.

WARNING

To have official court reporter fees taxed as costs, a timely motion must be made before trial or hearing and the request for cost taxation must be made in advance.

makes a timely motion prior to trial or hearing for the appointment of an official court reporter and requests in advance that such fees be taxed as costs.