Athens County Court of Common Pleas, Ohio Electronic Filing Rules

CRITICAL

Documents received by mail from a licensed attorney will be returned with instructions for registering and submitting them electronically.

If the Court or Clerk receives, via mail, documents to be filed from a licensed attorney, the documents will be returned to the filer with instructions on how to register as a user of the e-Filing System and how to submit the documents electronically.

CRITICAL

A filer unable to file electronically because of a problem on the filer’s end must file through the public access computer station in the Law Library.

A filer who cannot file a document electronically because of a problem on the filer's end must file the document, through the public access computer station, located in the Law Library.

CRITICAL

B. Alternatively, the Clerk shall accept and process paper filings from pro se filers as they have traditionally done prior to e-filing being required.

B. Alternatively, the Clerk shall accept and process paper filings from pro se filers as they have traditionally done prior to e-filing being required.

CRITICAL

A non-party entity asked to act on an electronic court document must complete the requested act, make appropriate notations, and scan and upload the document for electronic filing back to the Court or Clerk.

If a non-party entity receives an electronic document from the Court or the Clerk, and is asked to perform an act with respect to the same (serve it, obtain a signature, fill it out and submit it back to the Court/Clerk, etc.), it is that entity's responsibility to carry out the requested act, make the appropriate notations on the document/form, and then scan-in and upload the same for electronic filing back to the Court/Clerk.

CRITICAL

Applies to

Petition for civil protection order and related documents

Attorneys and pro se litigants may not remotely e-file a Petition for Civil Protection Order or its related necessary documents.

Neither attorneys nor pro se litigants will remotely e-File the Petition for Civil Protection Order and related necessary documents.

CRITICAL

Facsimile filing stopped for the listed civil case types as of the dates shown, subject to the stated exclusions.

As of the dates listed below, the Clerk stopped accepting any documents for filing via facsimile in these case types: Civil Case Type Last Day for Facsimile Filing Foreclosure January 1, 2021 Professional Tort January 1, 2021 Products Liability January 1, 2021 Personal Injury January 1, 2021 Other Civil including any commercial January 1, 2021 docket and cognovit, but excluding civil stalking, domestic violence, or sexually- oriented offense protection orders Workers Compensation January 1, 2021 Administrative Appeals January 1, 2021 Complex Litigation January 1, 2021 All other case types except for petitions for January 1, 2021 court ordered motor vehicle and watercraft titles, and garnishment proceedings

CRITICAL

Applies to

Pleading or paper

Pleadings and other papers must be e-filed according to the Clerk of Courts website directions and separate administrative orders, unless exempted or required to be filed by hand.

Pleadings and other papers shall be filed with the Clerk of Courts by e-filing by following the directions on the Athens Common Pleas Clerk of Courts website and complying with the requirements of e-filing set forth by separate administrative orders unless exempted or required to be filed by hand.

CRITICAL

If a non-party entity receives an electronic document from the Court or the Clerk, and is asked to perform an act with respect to the same (serve it, obtain a signature, fill it out and submit it back to the Court/Clerk, etc.), it is that entity's responsibility to carry out the requested act, make the appropriate notations on the document/form, and then scan-in and upload the same for electronic filing back to the Court/Clerk if represented by an attorney or if proceeding pro se (not represented by an attorney) to present the document to the clerk for filing.

If a non-party entity receives an electronic document from the Court or the Clerk, and is asked to perform an act with respect to the same (serve it, obtain a signature, fill it out and submit it back to the Court/Clerk, etc.), it is that entity's responsibility to carry out the requested act, make the appropriate notations on the document/form, and then scan-in and upload the same for electronic filing back to the Court/Clerk if represented by an attorney or if proceeding pro se (not represented by an attorney) to present the document to the clerk for filing.

CRITICAL

Parties and non-party filers must register to use the e-Filing System; filers without internet access may use the Clerk’s public access computer station to register and file.

Parties (and non-party filers) shall electronically file their documents by registering to use the Court's e-File System. If a filer does not have internet access, the filer can use the Clerk's public access computer station, located in the Law Library, to register to use the e-Filing System and to then file his/her/its documents electronically.

CRITICAL

For pro se litigants who provide an email address and make the required payment, the Clerk will process, upload, and e-file their documents listing the litigant as filer.

2.. For those pro se litigants who have provided an email address AND have submitted proper payment of deposit and/or filing fees, the Clerk will process the documents and scan-in and upload the submitted documents to the Clerk's case management system on the pro se party's behalf. The Clerk will then e-File the same through the e-Filing System, listing the pro se party as the filer.

CRITICAL

Attorneys must e-file in the listed domestic relations case types beginning January 1, 2021.

The Athens County Common Pleas Court Division of Domestic Relations shall implement mandatory e-filing for attorneys for the following case types as outlined below: Case lype Mandatory e-File "Go-Live" Date Divorce Cases-with and without children January 1, 2021 Dissolutions-with and without children January 1, 2021 Legal Separations January 1, 2021 Annulments January 1, 2021 Complaint for Child Support January 1, 2021 Complaint for Custody/Parentage January 1, 2021 Athens County CSEA filings January 1, 2021 All Other Filings January 1, 2021

CRITICAL

Applies to

Summons

In a forcible entry and detainer action requesting restitution, the plaintiff must complete and e-file the summons required for service.

When filing a complaint in a forcible entry and detainer action that requests restitution of property, it shall be the plaintiff's responsibility to also fill out and submit for e-Filing the summons required to be served pursuant to Ohio Revised Code Chapter 1923.

CRITICAL

Facsimile filing stopped for all criminal cases as of the listed last day, December 31, 2020.

Criminal Case Type Last Day for Facsimile Filing All cases December 31, 2020

CRITICAL

A declared vexatious litigator may not e-file and may file on paper only after obtaining the assigned Judge's permission for that case.

Individuals who have been declared vexatious litigators pursuant to RC. §2323.52 will not be permitted to file documents electronically. The e-Filing System will not provide an individual who has been declared a vexatious litigator with a username and password to access the system. A vexatious litigator may only file in paper format, provided he/she has first obtained permission from the assigned Judge to file in that case.

CRITICAL

Applies to

Record of proceeding

Records of proceedings in administrative appeal case types must be filed in conventional paper format.

Currently, the records of proceedings filed in administrative appeal case types shall be filed in conventional paper format.

CRITICAL

Applies to

In camera submission

Documents for in camera inspection must be submitted to the assigned Judge or Magistrate outside the e-Filing System.

Any documents submitted for in camera inspection shall be submitted to the assigned Judge or Magistrate outside the e-Filing System.

CRITICAL

Civil: All civil cases designated as follows shall be mandatory e-File cases: Professional tort, product liability, other torts, workers' compensation, foreclosure, administrative appeal, complex litigation and other civil cases; excluding civil stalking, domestic violence or sexually-oriented offense protection orders.

Civil: All civil cases designated as follows shall be mandatory e-File cases: Professional tort, product liability, other torts, workers' compensation, foreclosure, administrative appeal, complex litigation and other civil cases; excluding civil stalking, domestic violence or sexually-oriented offense protection orders.

CRITICAL

Represented parties in assigned e-File cases must promptly enable counsel to perform the listed electronic case-document actions, and parties filing electronically or receiving electronic service become system participants.

Parties to an assigned e-File case, who are represented by counsel, shall promptly take steps to allow their counsel to file, serve, receive, review and retrieve copies of the pleadings, orders and other documents filed in the case(s) electronically. By definition, parties filing electronically or receiving electronic service of any documents filed shall become participants in the e-Filing System.

CRITICAL

All party and non-party filers must e-file documents in mandatory e-File case types unless specifically excluded by the Order.

This Administrative Order applies to all filers (party filers and non-party filers). Any and all persons or entities who need to file anything in a mandatory e-File case type, unless specifically excluded herein, shall file their documents electronically, as outlined herein.

CRITICAL

A filer unable to e-file because of a problem on the filer's end must file the document in PDF format through the Clerk's public access computer stations.

A filer who cannot file a document electronically because of a problem on the filer's end must file the document, in PDF format, through the public access computer stations in the Clerk's office.

CRITICAL

Case types designated as mandatory e-File by a supplemental order or local rule must be filed electronically after that designation takes effect.

If necessary, the Court may issue additional administrative orders or adopt local rules that supplement this Order and designate various other case types as mandatory e-File case types. Case types so designated shall be filed electronically after the effective date of such supplemental order or local rule.

CRITICAL

Applies to

Pleadings motions and other documents

The Clerk must not accept paper filings in mandatory e-File case types, subject to the stated exceptions.

Pursuant to the schedule listed in Section I and as of the "go-live" date listed therein, all pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders and other documents submitted in designated mandatory e-File case types shall be filed electronically through the e-Filing System. Subject to the exceptions listed in Section XI, the Clerk shall not accept for filing or file any documents in paper format in mandatory e-File case types, except as provided otherwise in the rules.

CRITICAL

The signer must be the person whose username and password file the document, except that someone else may e-file a pro se inmate’s civil filing after the inmate signs it by hand.

The attorney/filer who signs the electronically filed document shall be the attorney/filer whose unique username and password are used to file the document, with the exception of a pro se inmate filing in a civil action, who may have someone else electronically file the document on their behalf, after the document has been signed by hand by the inmate litigant.

CRITICAL

Documents mailed by an attorney for filing are returned with instructions to register and submit them electronically.

If the Court or Clerk receives, via mail, documents to be filed from an attorney, the documents will be returned to the filer with instructions on how to register as a user of the e-Filing System and how to submit the documents electronically.

CRITICAL

Applies to

Court documents

A vexatious litigator may file on paper only after obtaining permission from the assigned Judge, and the Clerk's office will accept paper filings as needed.

A vexatious litigator may only file in paper format, provided he/she has first obtained permission from the assigned Judge to file in that case. The Clerk's office will accept the flings form the vexatious litigator in paper format, as needed.

CRITICAL

Filers must comply with the Domestic Relations Division's electronic-filing administrative order and its amendments.

Filers must also comply with Athens County Court of Common Pleas Domestic Relations Division Administrative Order Re: Electronic Filing of Court Documents, filed 2020, and any amendments thereto which are incorporated herein as if fully rewritten.

CRITICAL

People represented by an attorney must register to use the Court's e-Filing System and file their documents electronically in mandatory e-File cases.

Persons represented by an attorney are mandatory filers and shall electronically file their documents by registering to use the Court's e-Filing System.

CRITICAL

Applies to

Document with third party signature

Documents bearing a nonparty’s signature must be electronically filed as hand-signed, scanned PDFs.

Third-Party Signatures. A document containing the signature of a third party who is not a party to the action (i.e., affidavit signed by a doctor, military affidavit signed by a staff member or company representative, etc.) shall be electronically filed only as a hand-signed scanned-in PDF document.

CRITICAL

Applies to

Deposition transcript

Deposition transcripts must be filed electronically when a party reasonably believes they will be needed as evidence in a motion or other proceeding.

If a party reasonably believes that deposition transcripts will be needed as evidence pertaining to any motions or other proceeding, those deposition transcripts shall be filed electronically.

CRITICAL

For the in-person indigency process, the Clerk directs the party to register for the e-Filing System, assists if necessary, scans and uploads the documents, and the party then e-files them.

When an indigent party presents to the Clerk, in person, documents to be filed, and those documents are accompanied by an affidavit of indigency, the Clerk will direct said party to a public access computer station to register as a user of the e-Filing System. If necessary, the Clerk will assist said party with the registration process. The Clerk will scan in and upload in PDF format the documents to be e-Filed. The indigent party will then e-File his/her documents, including the affidavit of indigency and application to delay payment of the required deposit.

CRITICAL

Applies to

In camera documents

Documents submitted for in camera inspection must be submitted to the assigned Judge outside the e-Filing System.

Any documents submitted for in camera inspection shall be submitted to the assigned Judge outside the e-Filing System.

CRITICAL

A filer whose court-ordered restrictions prevent computer or internet access cannot e-file but may file on paper, including subsequent filings.

In the event a filer has court ordered restrictions preventing him/her from being able to use or access a computer and/or the internet (ex: person found guilty of a sexually oriented offense with court-imposed computer restrictions), that filer will not be able to e-file but may file conventionally, in paper format. The Clerk's office will accept the filings from such a filer in paper format as well as any subsequent filings.

CRITICAL

Applies to

Motion to consolidate

A filer who is a party to only some of the cases must e-file the motion in the first case or all cases in which the filer is a party and include a note asking the Clerk to file it in the remaining cases.

In the event a filer is a party to one case that is to be consolidated but is not a party to the other case(s) to be consolidated, the motion to consolidate shall be filed electronically in the first case (or in all cases to which the filer is a party) and a note to the Clerk shall accompany that motion, requesting that the motion also be filed in the remaining case(s) to be consolidated.

CRITICAL

The Court must issue, file, and serve court-created documents electronically through its e-Filing System in all e-File case types, subject to local rules.

In all e-File case types, the Court shall issue, file and serve all notices, decisions, orders and other documents that are created by the Court electronically, through the Court's e-Filing System, subject to the applicable provisions in the Court's local rules.

CRITICAL

The other cases, including those docketed BR, TL, TF, CQE, and CJ, must be e-filed, except title petitions and garnishment proceedings.

All other cases including those docketed 'as BR, TL, TF, CQE, CJ shall also be mandatory e-File cases (except for petitions for court-ordered motor vehicle and watercraft titles, and garnishment proceedings).

CRITICAL

All party and non-party filers must file electronically in mandatory e-File case types unless excluded elsewhere in the order.

This Administrative Order applies to all filers (party filers and non-party filers). Any and all persons or entities who need to file anything in a mandatory e-File case type, unless specifically excluded from that requirement elsewhere in this Order, shall file their documents electronically, as outlined herein.

CRITICAL

Applies to

Pleadings motions and other documents

Documents in designated mandatory e-File case types must be filed electronically through the Court’s e-Filing System; parties and non-party filers must register, and filers without internet access may use the Clerk’s public access computer station.

Pursuant to the schedule listed in Section I and as of the "go-live" date listed therein, all pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders and other documents submitted in designated mandatory e-File case types shall be filed electronically through the e-Filing System. Subject to the exceptions listed in Section XI, the Clerk shall not accept for filing or file any documents in paper format in mandatory e-File case types, except as provided otherwise in the rules. Parties (and non-party filers) shall electronically file their documents by registering to use the Court's e-File System. If a filer does not have internet access, the filer can use the Clerk's public access computer station, located in the Law Library, to register to use the e-Filing System and to then file his/her/its documents electronically.

CRITICAL

Parties in an assigned e-File case who are represented by counsel must promptly enable counsel to manage case documents electronically.

Parties to an assigned e-File case, who are represented by counsel, shall promptly take steps to allow their counsel to file, serve, receive, review and retrieve copies of the pleadings, orders and other documents filed in the cases) electronically.

CRITICAL

The listed document types must be filed conventionally unless the Court expressly requires electronic filing.

Notwithstanding the foregoing, the following types of documents shall be filed conventionally, unless expressly required to be filed electronically by the Court.

CRITICAL

Anyone filing in a mandatory e-File case type must be registered in the e-Filing System unless a local rule exempts them.

All persons filing documents in case types designated as mandatory e-File case types shall be registered as users in the e-Filing System unless exempted by local rule.

CRITICAL

The Clerk must file documents mailed by an indigent party when they are accompanied by an affidavit of indigence.

When an indigent party mails to the Clerk documents to be filed, and the documents are accompanied by an affidavit of indigence, the Clerk shall file the documents;

CRITICAL

Pro se litigants are exempt from mandatory e-filing and may file paper documents with the Clerk.

Pro-se litigants (persons representing themselves without an attorney) are exempted from mandatory e-Filing and may file in the traditional method of providing their paper documents to the Clerk for filing.

CRITICAL

Applies to

Divorce case filing

Mandatory e-filing began for all divorce case types, with and without children, on June 1, 2020.

On June 1, 2020, the Athens County Clerk of Courts and the Athens County Common Pleas Court Division of Domestic Relations began mandatory e-Filing for all divorce case types (with and without children).

CRITICAL

Applies to

Civil case filing

Mandatory e-filing was to begin January 1, 2021, for the listed civil case types, subject to the stated exclusions.

The Athens County Common Pleas Court will then implement mandatory e-Filing for the following case types as outlined below: Civil Case Type Mandatory e-File "Go-Live" Date Foreclosure January 1, 2021 Professional Tort January 1, 2021 Products Liability January 1, 2021 Personal Injury January 1, 2021 Other Civil including any commercial January 1, 2021 docket and cognovit, but excluding civil stalking, domestic violence, or sexually- oriented offense protection orders Workers Compensation January 1, 2021 Administrative Appeals January 1, 2021 Complex Litigation January 1, 2021 All other case types except for petitions for January 1, 2021

CRITICAL

Applies to

Proposed consolidation order

Proposed consolidation orders must be submitted electronically and include the captions of every case to be consolidated.

All proposed consolidation orders shall be submitted electronically and shall bear the case captions for all cases to be consolidated.

CRITICAL

Beginning on the applicable go-live dates, the listed documents in designated mandatory e-File cases must be filed through the e-Filing System.

Pursuant to the schedule listed in Section I and as of the "go-live" dates listed therein, all pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders and other documents submitted in designated mandatory e-File case types shall be filed electronically through the e-Filing System.

CRITICAL

Applies to

Court documents

Individuals declared vexatious litigators under R.C. 2323.52 may not file electronically and will not receive e-Filing System login credentials.

Individuals who have been deemed vexatious litigators pursuant to R.C. 2323.52 will not be permitted to file documents electronically. The e-Filing System will not provide an individual who has been declared a vexatious litigator with a username and password to access the system.

CRITICAL

Except for the Section XI exceptions, the Clerk will not accept paper filings in mandatory e-File case types.

Subject to the exceptions listed in Section XI, the Clerk shall not accept for filing or file any documents in paper format in mandatory e-File case types.

CRITICAL

The Clerk will accept documents presented in person by an indigent party when they are accompanied by an affidavit of indigency.

When an indigent party presents to the Clerk, in person, documents to be filed, and those documents are accompanied by an affidavit of indigency, the Clerk will file said documents.

CRITICAL

Applies to

Pleading or other paper

Pleadings and other papers must be e-filed according to the Clerk’s website directions and the applicable administrative order, unless exempted or required to be filed by hand.

Pleadings and other papers, shall be filed with the Clerk of Courts by e-filing by following the directions on the Athens Common Pleas Clerk of Courts website and complying with the requirements of e-filing set forth by the Athens County Common Pleas Court, Domestic Relations Division Administrative Order Re: Electronic Filing of Court Documents unless exempted or required to be filed by hand.