Defiance County Court of Common Pleas, General Division Filing Timing and Cure Windows

CRITICAL

If the plan administrator does not file the notice of qualification, the parties or their attorneys must file the approval or qualification letter with the clerk within 30 days after receipt.

If the Plan Administrator fails to file Notice of Qualification, the parties or attorneys for the parties shall file a copy of the letter of approval/qualified issued by the Plan Administrator with the Clerk of Courts within thirty (30) days of receipt.

CRITICAL

A praecipe directing the clerk to serve the plan administrator must be filed simultaneously with the qualified domestic relations order.

Upon the filing of a Qualified Domestic Relations Order, Counsel or self-represented party shall simultaneously file a praecipe directing the Clerk to serve the Plan Administrator with the Qualified Domestic Relations Order.

CRITICAL

All pleadings filed by self-represented litigants must be reviewed by the Judge, Magistrate, or designee before the Clerk time-stamps them.

A. All pleadings filed by self-represented litigants shall first be reviewed by the Judge, Magistrate or his/her designee before being time-stamped by the Clerk.

CRITICAL

The Clerk reviews every electronic submission; only accepted documents are filed, docketed, and time-stamped, while rejected documents do not enter the court record.

The Clerk reviews all electronically filed documents for compliance with court rules, policies, procedures and practices. After review, the document becomes accepted, pending or rejected. Only accepted documents will be filed, docketed and time stamped. If the submission is rejected, the document shall not become part of the Court record.

CRITICAL

Electronic filings that do not comply with court rules, policies, procedures, or practices may be rejected, not docketed, and not filed.

Documents which do not fully comply may be rejected, not docketed, and not filed.

CRITICAL

Electronic filers must leave sufficient time for filing, clerk review, and any necessary resubmission.

The e-filer must allow sufficient time for filing, clerk review, and any necessary re-submission.

CRITICAL

An electronic submission is deemed filed upon acceptance and receives an electronic stamp showing the date and time it was submitted to the e-filing system.

Upon acceptance, the submission will be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the Court's e-filing system.

WARNING

The Division of Property Order must be prepared as soon as possible after the final hearing for submission to the Court.

C. The DOPO shall be prepared as soon as possible following the final hearing for submission to the Court.

WARNING

The e-filing system must confirm receipt and include the receipt date and time as proof of receipt.

Upon receipt, the Court's e-filing system shall issue a confirmation that the submission has been received. The confirmation shall include the date and time of receipt and serve as proof of receipt.

CRITICAL

In abuse, neglect, dependency, unruly, and delinquency cases, the GAL must submit the full written report and recommendations at least seven days before the specified hearings.

In abuse, neglect, dependency, unruly, and delinquency cases, not less than seven days prior to any initial dispositional hearing, permanent custody hearing, and any hearing upon a motion requesting a change in disposition; and

CRITICAL

A Guardian ad Litem’s written report must be filed at least seven days before the final hearing and, in specified cases, at least seven days before the listed dispositional and change-in-disposition hearings.

G. Pursuant to Sup. R. 48.06, a written report shall be prepared by the Guardian ad Litem and filed with the Court not less than seven (7) days before the final hearing and, in abuse, neglect, dependency, unruly and delinquency cases, not less than seven days prior to any initial dispositional hearing, permanent custody hearing, and any hearing upon a motion requesting a change in disposition.

CRITICAL

The receiver's first plan and activity report must be submitted no later than two months after appointment.

The first plan (and report of activity to date) must be submitted no later than two months after appointment of the receiver.

CRITICAL

The deed must be filed with the County Recorder within 14 days after receipt of payment.

L. The deed shall be filed with the County Recorder within fourteen (14) days of receipt of payment.

CRITICAL

Plaintiff's counsel must submit the proposed judgment entry confirming the sale within 30 days after the sale.

I. Plaintiff's counsel shall submit proposed judgment entry confirming sale within thirty (30) days of the sale.

CRITICAL

Within 14 days after mediation concludes, the mediator must file an appropriate report concerning the result and make it available to all counsel.

It is further ORDERED, ADJUDGED AND DECREED that within fourteen (14) days after the conclusion of the mediation services the mediator shall file with the Court and make available to counsel for all parties an appropriate mediation report concerning the result of the mediation.

CRITICAL

Electronic filing does not extend any applicable statute of limitations, savings statute, or similar time limit.

Electronic filing does not alter or extend applicable statutes of limitation.

CRITICAL

The QDRO must be prepared as soon as possible after the final hearing for submission to the Court.

C. The QDRO shall be prepared as soon as possible following the final hearing for submission to the Court.

CRITICAL

Unless another law or rule fixes the time, a response must be filed and served within 14 days after service of the pleading, motion, amended pleading, or other paper requiring a response.

In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law or applicable rule, a response to a pleading, motion, amended pleading, or other paper shall be filed and served on or before the fourteenth (14th) day after the date of service of the pleading, motion or other paper, requiring the response.

CRITICAL

A reply to a response must be filed and served within 7 days after service of the response.

Any reply to said response shall be filed and served on or before the seventh (7th) day after the date of service of the response.

CRITICAL

The written settlement memorandum is due 10 days before the settlement pretrial conference.

Trial counsel shall be required to submit a written settlement memorandum to the Court ten (10) days prior to the settlement pretrial conference.

CRITICAL

The GAL's written summary is due to the court at least five days before the GAL pre-trial conference.

The GAL shall provide a one page written summary to the Court at least five (5) days prior to the GAL pre-trial conference.

CRITICAL

The court may stay all filing deadlines for up to 60 days after referring a case to mediation.

Upon referral of a case to mediation, the court may elect to stay all filing deadlines for up to 60 days.

CRITICAL

In proceedings allocating parental rights and responsibilities, the GAL must submit the full written report and recommendations at least seven days before the final hearing.

In proceedings involving the allocation of parental rights and responsibilities, not less than seven days before the final hearing date.

CRITICAL

The investigator's report must be filed at least seven days before any scheduled trial and must include the stated notice in bold in the report body.

D. The investigator shall file his or her report of the investigation at least seven (7) days before any scheduled trial date. The report shall include the following NOTICE in BOLD print in the body of the report:

CRITICAL

If counsel cannot agree on an entry or order within 28 days of the original submission, both the original and response drafts must be submitted to the Court.

If counsel cannot agree on an entry or order within twenty-eight (28) days of the original submission then copies of both the original and response order or entry drafts shall be submitted to the Court.

CRITICAL

If no response is made to the original preparing counsel within 14 days, the preparing counsel must submit the entry or order and submitting letter to the Court.

If no response is made to original preparing counsel within fourteen (14) days, preparing counsel shall submit the entry or order along with the submitting letter to the Court

CRITICAL

The custody evaluator report must be filed at least 30 days before the final hearing.

A custody evaluator shall prepare and file with the court a written report at least 30 days prior to the final hearing.

CRITICAL

Plaintiff's counsel must file the proposed deed with the Sheriff within 7 days after the order confirming the sale.

K. Plaintiff's counsel shall file the proposed deed with the Sheriff within seven (7) days of the order confirming sale.

WARNING

If no objection to the Notice of Completion of Limited Appearance is filed and served within 10 days, the attorney's withdrawal is complete without leave of court.

If no objection to the Notice of Completion of Limited Appearance is filed and served within 10 days, the attorney's withdrawal is complete without the need for leave of court.