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

CRITICAL

The Clerk will reject Instructions for Service that omit the names or addresses of parties to be served.

The Clerk will not accept Instructions for Service that do not designate the names and addresses of the parties to be served.

CRITICAL

An accepted e-file submission is deemed filed and receives an electronic stamp showing the submission date, submission time, and unique confirmation number.

An accepted submission shall be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the e-File System as well as the unique confirmation number of the filing.

CRITICAL

An accepted submission is docketed, filed, and added to the official court record.

If the submission is accepted, the document shall be docketed and filed and become part of the official court record.

CRITICAL

Failure to timely file the required certificate is grounds to deny confirmation of the judicial sale.

Failure to timely file the Certificate of Service required by this Subsection shall constitute grounds for denial of the confirmation of sale.

CRITICAL

A rejected document does not enter the official record and must be resubmitted to satisfy the requirements, resulting in a new submission date and time.

If the submission is rejected, the document shall not become part of the official court record and the filer shall be required to resubmit the document to meet the requirements. The resubmitted document shall receive a new submission date and time.

CRITICAL

Clerk staff may not reject a judicial officer’s decision, order, or entry because of an allegedly inappropriate e-filing category and instead must seek clarification, add appropriate distribution queues, and accept the filing.

In accordance with R.C. 2303.08 and State ex rel. Office of the Montgomery Cty. Pub. Defender v. Siroki, 2006-Ohio-1065, the Clerk shall not reject any decision, order, or entry submitted by any judge or other judicial officer of this court on the basis that Clerk staff believes that the filing was submitted under an inappropriate “Document Type Category” in the e-Filing system. In such event, Clerk staff shall contact the judicial officer for clarification, add any appropriate e-Filing queues for distribution, and accept the submission for filing.

CRITICAL

For a planned or anticipated e-File System outage, the Clerk must post advance notice on the Clerk’s website and the e-File System portal.

If an e-File System outage is planned or anticipated, the Clerk shall post advance notice on the Clerk’s website and on the e-File System’s portal to alert filers of a possible system outage.

CRITICAL

The Clerk must notify the court and public of every e-File System outage.

The Clerk shall notify the court and the public of any outage within the e-File System.

CRITICAL

A judgment becomes effective when its judgment entry is filed and journalized with the Clerk.

The judgment of the court shall be effective upon the filing and journalization of a judgment entry with the Clerk.

CRITICAL

After Clerk Review, a rejected submission must be resubmitted and receives a new submission date and time, while an accepted submission is docketed, filed, and added to the official record.

After Clerk Review, a filer will receive notification from the Clerk that the submission has been rejected or accepted by the Clerk. If the submission is rejected, the document shall not become part of the official court record and the filer shall be required to resubmit the document to meet the requirements. The resubmitted document shall receive a new submission date and time. If the submission is accepted, the document shall be docketed and filed and become part of the official court record.

CRITICAL

The Clerk must reject a motion to revive a dormant judgment for filing if Instructions for Service are not filed with it.

Failure to file Instructions for Service with a motion to revive a dormant judgment shall result in the motion being rejected for filing by the Clerk.

CRITICAL

A submission is deemed filed upon acceptance and receives an electronic stamp showing its submission date, submission time, and unique confirmation number.

An accepted submission shall be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the e-File System as well as the unique confirmation number of the filing.

CRITICAL

For an unexpected e-File System outage, the Clerk must post notice as soon as practicable and no later than one hour after the outage.

If an e-File System outage is unexpected, the Clerk shall, as soon as practicable, but no later than one hour after the outage, post a message on the Clerk’s website and on the e-File System’s portal to alert filers of the outage.

CRITICAL

After Clerk Review, the Clerk must notify the filer whether the submission was rejected or accepted.

After Clerk Review, a filer will receive notification from the Clerk that the submission has been rejected or accepted by the Clerk.

CRITICAL

A newly e-filed non-confidential civil complaint is available for viewing immediately upon receipt, but it is not docketed, filed, or part of the official record until Clerk Review.

Immediately upon receipt of a newly e-Filed, non-confidential civil complaint, the Clerk will make the complaint available for viewing. Any document available for viewing as a pending submission has not undergone a Clerk Review and is not docketed and filed and has not become part of the official record.

WARNING

A party may seek an extension of a response or performance period when the e-File System fails to generate the required electronic-filing notification.

If the e-File System fails to generate a Notification of Electronic Filing, the party to be served may be entitled to an order extending the date for any response or the period within which any right, duty, or act must be performed.

WARNING

A newly received non-confidential civil complaint may be viewed immediately, but pending submissions have not been reviewed, docketed, filed, or added to the official record.

Immediately upon receipt of a newly e-Filed, non-confidential civil complaint, the Clerk will make the complaint available for viewing. Any document available for viewing as a pending submission has not undergone a Clerk Review and is not docketed and filed and has not become part of the official record.

WARNING

If the e-File System fails to generate a notification, the party may seek an order extending the response or action period.

If the e-File System fails to generate a Notification of Electronic Filing, the party to be served may be entitled to an order extending the date for any response or the period within which any right, duty, or act must be performed.

INFO

The e-File System must issue a receipt confirmation stating the submission’s receipt date and time, and the confirmation serves as proof of receipt.

Upon receipt, the e-File 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.

INFO

The Clerk may review electronically submitted materials for compliance before creating a docket entry or docketing the case.

The Clerk may review the data and documents electronically submitted to ensure compliance with these Rules, policies, procedures, and practices before creating a docket entry or before docketing the case.

CRITICAL

For an unexpected e-file system outage, the Clerk must post notice on the Clerk’s website and e-file portal as soon as practicable and no later than one hour after the outage.

If an e-File System outage is unexpected, the Clerk shall, as soon as practicable, but no later than one hour after the outage, post a message on the Clerk’s website and on the e-File System’s portal to alert filers of the outage.

WARNING

For a planned or anticipated e-file system outage, the Clerk must post advance notice on the Clerk’s website and the e-file portal.

If an e-File System outage is planned or anticipated, the Clerk shall post advance notice on the Clerk’s website and on the e-File System’s portal to alert filers of a possible system outage.

CRITICAL

After a federal remand, the removing party must file the federal docket and all substantive federal decisions within 10 days after issuance of the remand order.

In any matter remanded to this court following removal of any case to federal court, the party who removed the action shall, within 10 days of the issuance of the remand order, file: (1) a complete copy of the case docket from the federal court, and (2) copies of all substantive decisions issued by the federal court while the matter was pending there.

CRITICAL

Within 30 days after completing receiver duties, the receiver must file a final account with supporting records, receipts, or vouchers for approval by the appointing judge.

(e) Within 30 days after a receiver’s duties are completed, the receiver shall file a final account and appropriate records, receipts, or vouchers. All accounts must be approved by the Judge who appointed the receiver.

CRITICAL

Deadline

3 calendar days

Unregistered pro se parties served by regular U.S. mail or a commercial carrier receive a three-day extension to respond or act.

In accordance with Civ.R. 6, pro se parties who are not registered users of the court’s e-File System and who are served by regular U.S. mail or commercial carrier shall receive a three-day extension of time to respond or perform any right, duty, or act.

CRITICAL

Within 10 days after an appellate remand decision issues, the parties must file a Notice of Remand accompanied by a copy of the decision.

To advise the court that a matter has been remanded, the parties shall file a Notice of Remand within 10 days after the appellate decision is issued, along with a copy of that decision.

CRITICAL

If a motion for default judgment is not filed within a court-determined reasonable time, the filing party must be notified to file one within 14 days.

If a motion for default judgment is not filed within a reasonable time, as determined by the court, the filing party shall be notified to file a motion for default judgment within 14 days.

CRITICALCivil cases

Any party must timely file objections and supporting memoranda in accordance with the applicable civil rule.

Objections and memoranda in support of objections shall be timely filed by any party in accordance with Civ.R. 53 or Civ.R. 65.1, as applicable.

CRITICALCivil cases

If the appellee files a memorandum, it must do so within 30 days after service of the appellant's memorandum.

The appellee shall file a memorandum, if any, within 30 days after service of appellant’s memorandum.

CRITICAL

No receivership property sale may be made to a former owner or an interested person until notice fixing a sale-confirmation date is served on all creditors, and the receiver must file the required affidavit within 10 days after the sale.

(2) Property Sale. No sale shall be made to a former owner or any person interested in the business or operation of the receivership until notice is served on all creditors fixing a date for confirmation of the sale. Sales of property shall be for the best price obtainable. A receiver must file an affidavit to this effect within 10 days after the sale.

CRITICAL

If the appropriate party does not prepare and present the proposed judgment entry within 30 days after a verdict, decree, or decision, the Assigned Judge must prepare and file it.

If a proposed judgment entry under Civ.R. 58 or Crim.R. 32 is not prepared and presented by the appropriate party within 30 days of a verdict, decree or decision, the entry shall be prepared and filed by the Assigned Judge.

CRITICALCivil cases

Unless the court orders otherwise, written deposition transcripts must be filed before the pretrial-statement deadline or seven days before trial, whichever is earlier.

In addition to the requirements set forth in Civ.R. 30, 31, and 32, and in Sup.R. 13, unless otherwise ordered by the court, written deposition transcripts shall be filed prior to the deadline for filing the pretrial statement(s) or seven days prior to trial, whichever is earlier.

CRITICALCivil cases

Parties must provide notice of settlement to the Assigned Judge and file an agreed final dismissal entry for approval within 30 days after the notice.

Parties shall provide the notice of settlement to the Assigned Judge and shall file an agreed final dismissal entry for approval by the Assigned Judge within 30 days of the Notice.

CRITICAL

An agreed final dismissal entry resulting from mediation must be filed within 30 days after the notice of settlement.

Parties shall provide the notice of settlement to the Assigned Judge and shall file an agreed final dismissal entry for approval by the Assigned Judge within 30 days of the Notice.

CRITICAL

The appellant must file the assignment of errors, memorandum, and other essential papers within 40 days after the transcript is filed.

The appellant shall file an assignment of errors, memorandum, and all other essential papers within 40 days of the filing of the transcript.

CRITICAL

The Certificate of Service of Notice of Sale Date is due no later than 14 days before the scheduled sale date.

Not less than 14 days prior to the scheduled sale date, the party requesting the sale shall file a Certificate of Service of Notice of Sale Date specifying the date and manner of service of the notice required by R.C. 2329.26(A)(1)(a)(i), the names and addresses of all record owner(s) and interested parties or counsel of record for the record owner(s), and interested parties who were sent the notice.

CRITICAL

Deadline

5 court days

An audio or video deposition intended for presentation at trial or hearing must be submitted to the court, rather than the Clerk, at least five court days beforehand unless the court orders otherwise.

(1) Submission to Court. If an audio/video version of a deposition is to be presented at trial or a hearing, the party presenting the audio/video version of the deposition shall submit the audio/video version of the deposition to the court, not the Clerk, five Court Days prior to the trial or hearing, unless otherwise ordered by the court.

CRITICAL

An objecting party choosing to file a transcript must file it within 30 days after filing the objections.

If an objecting party files a transcript, it must be filed within 30 days from the filing of the objections.

CRITICAL

Parties and counsel of record served by Notification of Electronic Filing do not receive the three-day extension.

Parties and counsel of record served via the Notification of Electronic Filing are not entitled to the three-day extension.

CRITICALCivil cases

The party who removed a case to federal court must file a complete federal docket and copies of all substantive federal decisions within 10 days after issuance of the remand order.

In any matter remanded to this court following removal of any case to federal court, the party who removed the action shall, within 10 days of the issuance of the remand order, file: (1) a complete copy of the case docket from the federal court, and (2) copies of all substantive decisions issued by the federal court while the matter was pending there.

CRITICALCivil cases

The party requesting the sale must file a Certificate of Service of Notice of Sale Date not less than 14 days before the scheduled sale date.

Not less than 14 days prior to the scheduled sale date, the party requesting the sale shall file a Certificate of Service of Notice of Sale Date

CRITICALCivil cases

The appellant must file the assignment of errors, memorandum, and all other essential papers within 40 days after the transcript is filed, and failure to timely file the memorandum and assignment of errors may result in dismissal.

The appellant shall file an assignment of errors, memorandum, and all other essential papers within 40 days of the filing of the transcript. Failure to file a memorandum and assignment of errors within the requisite period of time may result in dismissal of the appeal.

CRITICAL

The appellant may file a reply memorandum within 14 days after service of the appellee’s memorandum.

The appellant may file any reply memorandum within 14 days after appellee’s memorandum has been served.

CRITICALCivil cases

Deadline

5 court days

An audio/video deposition intended for trial or a hearing must be submitted to the court, rather than the Clerk, at least five Court Days before the proceeding unless the court orders otherwise.

If an audio/video version of a deposition is to be presented at trial or a hearing, the party presenting the audio/video version of the deposition shall submit the audio/video version of the deposition to the court, not the Clerk, five Court Days prior to the trial or hearing, unless otherwise ordered by the court.

CRITICALCivil cases

Parties must file a Notice of Remand with a copy of the appellate remand decision within 10 days after the decision issues.

To advise the court that a matter has been remanded, the parties shall file a Notice of Remand within 10 days after the appellate decision is issued, along with a copy of that decision.

CRITICAL

Unless the court orders otherwise, written deposition transcripts must be filed before the pretrial-statement deadline or seven days before trial, whichever is earlier.

(A) Filing of Written Deposition Transcript (1) Deadline for Filing. In addition to the requirements set forth in Civ.R. 30, 31, and 32, and in Sup.R. 13, unless otherwise ordered by the court, written deposition transcripts shall be filed prior to the deadline for filing the pretrial statement(s) or seven days prior to trial, whichever is earlier.

CRITICAL

A party opposing objections must file its opposition memorandum within 14 days after the objections are filed.

A memorandum in opposition to objections must be filed by a party within 14 days after objections are filed.

CRITICALCriminal cases

The prosecuting attorney and defendant must each file a written witness list no later than seven days before trial.

No later than seven days before trial, the prosecuting attorney and defendant shall each file a written list of witnesses.

CRITICAL

The appellee may file a memorandum within 30 days after service of the appellant's memorandum.

The appellee shall file a memorandum, if any, within 30 days after service of appellant’s memorandum.

CRITICALCivil cases

An objecting party filing a transcript must do so within 30 days after filing the objections.

If an objecting party files a transcript, it must be filed within 30 days from the filing of the objections.

CRITICAL

The court must set a final hearing within 30 days after the receiver files the final inventory.

The court shall set a final hearing within 30 days of the filing of the receiver’s final inventory.

CRITICALCivil cases

Deadline

2 business days

The joint final pretrial statement must be filed at least two business days before the scheduled final pretrial conference.

The joint final pretrial statement shall be filed at least two business days prior to the date and time of the scheduled final pretrial conference.

CRITICALCivil cases

Failure to timely file the required Certificate of Service is grounds for denying confirmation of the sale.

Failure to timely file the Certificate of Service required by this Subsection shall constitute grounds for denial of the confirmation of sale.

CRITICALCriminal cases

When an open-court continuance request is granted, the requesting party must file a proposed order under Rule 2.02 within three days.

If the request is made in open court before the Assigned Judge and the request is granted, the party making the request shall file a proposed order in compliance with Rule 2.02 within three days.

CRITICAL

Deadline

7 calendar days

The written witness lists are due no later than seven days before trial.

No later than seven days before trial, the prosecuting attorney and defendant shall each file a written list of witnesses.

CRITICALCivil cases

A party must submit its mediation conference statement directly to the mediator no later than 10 days before the conference.

No later than 10 days prior to the mediation conference, a party shall submit its mediation conference statement directly to the mediator.

CRITICAL

Within 60 days after appointment, a receiver must apply to the court for authority to cancel or reject unprofitable contracts.

(d) Within 60 days after appointment, all receivers shall apply to the court for authority to cancel or reject unprofitable contracts.

CRITICALCivil cases

A party must file a memorandum in opposition to objections within 14 days after the objections are filed.

A memorandum in opposition to objections must be filed by a party within 14 days after objections are filed.

CRITICAL

If the appropriate party does not prepare and present a proposed judgment entry within 30 days after a verdict, decree, or decision, the Assigned Judge must prepare and file the entry.

If a proposed judgment entry under Civ.R. 58 or Crim.R. 32 is not prepared and presented by the appropriate party within 30 days of a verdict, decree or decision, the entry shall be prepared and filed by the Assigned Judge.

CRITICAL

A party may file a reply memorandum within seven days after the memorandum in opposition is filed.

A party may file a reply memorandum within seven days after the memorandum in opposition is filed.

CRITICALCivil cases

The Assigned Judge may administratively dismiss the case if the parties do not timely file the agreed final dismissal entry.

If the parties fail to file an agreed final dismissal entry within the specified time, the Assigned Judge may administratively dismiss the case.

CRITICAL

A Confirmation Entry that has not been approved by the successful bidder or bidders may not be filed until the 30-day title examination period has expired.

A Confirmation Entry not approved by the successful bidder(s) shall not be filed until the 30-day period has expired.

WARNING

Deadline

24 hours

A request to record or photograph court proceedings should be submitted no later than 24 hours before the courtroom session.

PLEASE NOTE: This request should be submitted no later than 24 hours prior to the courtroom session to be recorded.

WARNING

Deadline

24 hours

The request should be submitted at least 24 hours before the courthouse interview.

PLEASE NOTE: This request should be submitted no later than 24 hours prior to the interview.

WARNINGCivil cases

A party may file a reply memorandum within seven days after filing the memorandum in opposition.

A party may file a reply memorandum within seven days after the memorandum in opposition is filed.

WARNING

Deadline

24 hours

A request to record or photograph court proceedings must be submitted no later than 24 hours before the courtroom session.

PLEASE NOTE: This request should be submitted no later than 24 hours prior to the courtroom session to be recorded.

WARNING

Deadline

24 hours

PLEASE NOTE: This request should be submitted no later than 24 hours prior to the interview.

PLEASE NOTE: This request should be submitted no later than 24 hours prior to the interview.

WARNINGCivil cases

The appellant may file a reply memorandum within 14 days after the appellee's memorandum has been served.

The appellant may file any reply memorandum within 14 days after appellee’s memorandum has been served.