Wyandot County Court of Common Pleas Filing Timing and Cure Windows

CRITICAL

A document accepted by the Clerk is considered filed on its submission date.

c. Documents accepted by the Clerk shall be considered filed upon date of submission.

CRITICAL

The filing party bears responsibility for timeliness after rejection, and a rejected document is considered filed upon resubmission if its deficiencies are corrected in a timely manner.

If the document is rejected, the burden for timeliness falls on the filing party. A rejected document will be considered filed upon resubmission, provided any deficiencies are corrected in a timely manner.

CRITICAL

If service is incomplete, plaintiff's counsel must be notified that the case will be dismissed unless service is obtained; the case shall be dismissed if no effort to obtain service is made within 14 days.

If service is incomplete, notice shall be served on plaintiff's counsel directing that unless service is obtained, the case will be dismissed. If after fourteen (14) days no effort has been made to obtain service, the case shall be dismissed.

CRITICAL

A fax received outside normal business hours is considered filed on the next day the office is open.

Transmissions received during other than normal business hours will be considered filed on the next day the office is open.

CRITICAL

Documents submitted by fax, mail, or personal delivery are considered filed with the date and time stamped by the Clerk.

All documents submitted via fax, mail or personal will be considered filed with date/time stamped by the Clerk.

CRITICAL

A portal filing is considered filed when submitted, provided the Clerk accepts it.

Electronic filing via the portal will be considered filed when submitted once accepted by the Clerk.

WARNING

Counsel of record shall be notified of any complaint that has been dormant for three months. If, after notification to counsel of record, the case file reflects nothing has been done or no pending court date has been set, the case may be dismissed by the court without prejudice.

Counsel of record shall be notified of any complaint that has been dormant for three months. If, after notification to counsel of record, the case file reflects nothing has been done or no pending court date has been set, the case may be dismissed by the court without prejudice.

WARNING

For a technical transmission error, the Court may allow filing nunc pro tunc upon satisfactory proof and good cause.

f. Effect of Technical Error. If a submission is not received by the Clerk due to an error caused by the hardware or software of either the Clerk or the submitting party, upon satisfactory proof and for good cause shown, the Court may enter an order permitting the document to be filed nunc pro tunc to the date the submitter intended the document to be filed.

INFO

Documents may be submitted to the Clerk for e-filing at any time, including 24 hours a day, seven days a week.

b. Documents may be submitted to the Clerk for e-Filing 24 hours per day, 7 days per week.

CRITICAL

Deadline

5 court days

Unless the Court orders otherwise, the omitted exhibit must be filed as a separate document within five court days after receipt of the faxed document.

Unless otherwise ordered by the Court, the exhibit must then be filed, as a separate document, no later than five (5) court days following the receipt of the faxed document.

CRITICAL

Each party opposing a motion must respond within fourteen days after service of the motion.

Within fourteen (14) days after service of such Motion, each party opposing the Motion shall respond.

CRITICAL

Failure to file a memorandum on time constitutes a waiver and consent to immediate submission of the issue or case for decision.

Failure to file a memorandum at the time required is a waiver and consent to submit the issue or case to the Court forthwith for decision.

CRITICAL

In a partition case any party shall have five days after the return of the order to file objections to said appraisement. If no objections are filed, said appraisement may be confirmed by the Court at the expiration of said five-day period.

In a partition case any party shall have five days after the return of the order to file objections to said appraisement. If no objections are filed, said appraisement may be confirmed by the Court at the expiration of said five-day period.

CRITICAL

An interested party must file an election to take the premises at appraised value within fourteen days after confirmation of the appraisement.

Any interested party having a right to elect to take said premises or any part thereof at the appraised value shall do so within fourteen days after the confirmation of said appraisement, and notice of such election shall be given by such parties so electing to counsel of record for all parties.

CRITICAL

If an election is made within the initial fourteen-day period and notice is given to all counsel of record, other parties entitled to elect have an additional fourteen days to file a similar election.

Should such an election be made within said fourteen-day period and notice given to all counsel of record, then any other parties entitled to elect shall have an additional fourteen-day period to file a similar election.

CRITICAL

A real-estate sale confirmation may not be entered earlier than ten days after the sale unless all interested parties or their counsel consent in writing.

Confirmation of any sale of real estate by the Sheriff or by any master or receiver appointed by the Court shall not be entered any earlier than ten (10) days from the date of sale, unless consented to by all interested parties or their counsel, in writing.

CRITICAL

A party seeking an oral hearing must notify the Court in writing within five days after receiving the briefing schedule and state why the hearing is necessary.

A party desiring an oral hearing shall notify the Court in writing within five (5) days after receipt of the Briefing Schedule stating why an oral hearing is necessary.

CRITICAL

Within five days after the entry is mailed, opposing counsel must review it and sign and return it, contact opposing counsel to resolve discrepancies, or contact the court for direction.

Opposing counsel shall then have five (5) days, after the entry was mailed by drafting counsel, to review the same, and within the same period opposing counsel shall do one of the following: - a. Sign the entry and return it to preparing counsel, who is to file it with the court; or - b. Contact opposing counsel to attempt to resolve any discrepancies; or - c. Contact the court for further direction.

CRITICALCivil cases

A report of sale cannot be confirmed and distribution cannot be ordered until one week from the Monday after the report is filed, unless all interested parties consent.

No report of sale of real estate will be confirmed, nor any distribution ordered until one week from the Monday following the date of fi1 ing the report of sale, unless consented to by all in­ terested parties.

CRITICALCivil cases

The affidavit evidencing notice of probate of a will must be filed 14 days from the date of probate.

The obligation of fiduciarys attorneys to give notice of probate of will shall be evidenced by affidavit filed fourteen (14) days from date of probate guar of the wi11

WARNING

The matter is deemed submitted when the time for filing memoranda expires.

Upon expiration of the time for filing memoranda, the matter shall be deemed submitted.