Athens County Court of Common Pleas, Ohio Electronic Filing Rules

CRITICAL

Subsequent filings in an initiated case that is a mandatory e-File case type must be e-filed unless the rules provide an exemption.

All subsequent filings in any case so initiated, where the case is a mandatory e-File case type, must be e-Filed unless exempted by the rules.

CRITICAL

Applies to

Proposed cognovit judgment entry and copy of original cognovit note

Counsel in a cognovit action must e-file the proposed cognovit judgment entry and a copy of the original cognovit note.

Cognovit actions, which are subject to the mandatory e-Filing requirements of this Order, present a situation where the original cognovit notes need to be reviewed prior to the signing of the proposed cognovits judgment entries. Counsel in a cognovit action shall e-File the proposed cognovits judgment entry and shall e-File a copy of the original cognovit note.

CRITICAL

Applies to

Motion to intervene

An attorney who is not a party must be added to the e-Filing System as a non-party filer before filing a motion to intervene in that case.

An attorney/filer who needs to file a motion to intervene in a case in which he/she is not a party, shall first contact the Clerk of Courts and request that he/she be added in the e-Filing System as a non-party filer to that case. Otherwise, the attorney/filer will not be able to file the motion to intervene in that case.

CRITICAL

When an indigent party mails documents accompanied by an affidavit, the Clerk must register the party, scan and upload the documents, and e-file them on the party’s behalf as the filing party.

When an indigent party mails to the Clerk documents to be filed, and the documents are accompanied by an affidavit of indigency, the Clerk shall: 1.) register the indigent party as a user of the e-Filing System; 2.) scan-in and upload in PDF format the submitted documents on the indigent party's behalf; and 3.) e-File the same through the e-Filing System on the indigent party's behalf, listing the indigent party as the filing party.

CRITICAL

Non-pro-se filers presenting paper documents in person who are not registered must be directed to register if they have an accessible email address, and their documents will then be submitted through the e-Filing System.

Other than pro se persons, if an attorney representing a party, or any other person/filer presents a document in person to the Clerk's office for filing in hard-copy/paper format, and that person/filer is not a registered user of the e-Filing System, the filer shall be directed to a computer station in the Law Library for registration purposes provided they have an email address that they can readily access and view documents. The Clerk or other designated person shall provide assistance to the filer during the registration process, if needed, but the Clerk shall not be designated as a filer of any of these documents. Once the filer is a registered user of the e-Filing System, their documents) will be submitted through the e-Filing System.

CRITICAL

Applies to

Civil protection order

Civil protection orders for the general or domestic relations division must be filed in conventional paper format.

Any civil protection orders for the general division or domestic relations division shall be filed by conventional paper format.

CRITICAL

Applies to

Documents with third party signatures and waivers of service

Documents with third-party signatures or signatures on waivers of service must be electronically filed as scanned images.

Documents containing signatures of third parties (i.e., affidavits, stipulations, etc.) and signatures on waiver of service shall be electronically filed only as scanned-in' images with actual physical signatures.

CRITICAL

The Clerk will not accept facsimile filings in the listed case types as of their specified go-live dates.

As of the dates listed below, the Clerk shall no longer accept for filing or file any documents via facsimile in these case types: Case Type 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 Annulments Complaint for Child Support Complaint for Custody/Parentage January 1, 2021 Athens County CSEA filings January 1, 2021 All Other Filings January 1, 2021

WARNING

Appointed counsel must follow the Court website's periodically updated instructions regarding billing and e-filing.

Appointed Counsel shall follow the instructions contained on the Court's website regarding billing and e-Filing, which will be updated periodically as necessary.

WARNING

Applies to

Subpoena

Subpoenas currently cannot be e-filed and may be filed on paper; electronic filing may become available when the case management system has that capability.

Subpoenas currently cannot be filed electronically. Therefore, they may continue to be filed conventionally in paper format. Subpoenas may be permitted to be filed electronically once the capability is available in the case management system.

WARNING

The Clerk may process pro se documents, including notices of appeal initiating an appeal, subject to review and payment of required deposits or filing fees; subsequent filings in an initiated case may be filed similarly.

However, the Clerk may process, subject to Clerk review, pro se documents including Notices of Appeals to initiate an appeal, provided that the required deposit and/or filing fees have been paid. All subsequent filings in any case so initiated, may be similarly filed.

WARNING

Pro se litigants may file in conventional paper format and are exempt from mandatory e-filing.

Pro se litigants shall be permitted to file in conventional paper format and are exempted from mandatory e-Filing.

WARNING

An unregistered filer presenting an attorney's paper filing in person is directed to register at the Law Library if they can access an email account, after which the document may be submitted electronically.

If an attorney representing a party, or an attorney's employee, or any other person/filer on behalf of an attorney presents a document in person to the Clerk's office for filing in hard- copy/paper format, and that person/filer is not a registered user of the e-Filing System, the filer shall be directed to a computer station in the Law Library for registration purposes provided they have an email address that they can readily access and view documents. Once the filer is a registered user of the e-Filing System, the documents) can be submitted through the e-Filing System.

WARNING

Applies to

Notice of appeal

Notices of appeal may be either e-Filed or filed in conventional paper format. Counsel and pro se filers shall consult the Local Rules of the Fourth District Court of Appeals to determine the proper means of filing a specific notice of appeal.

Notices of appeal may be either e-Filed or filed in conventional paper format. Counsel and pro se filers shall consult the Local Rules of the Fourth District Court of Appeals to determine the proper means of filing a specific notice of appeal.

WARNING

Pro se litigants may e-file after registering with the Clerk and following the rules for mandatory filers.

4. Pro se litigants may use the E-Filing system by registering as an e-Filer with the Clerk of Courts and following the local rules set forth for mandatory filers.

WARNING

2. However, the Clerk may process, subject to Clerk Review, pro se filings, and Notices of Appeals to initiate an appeal, provided that the required deposit and/or filing fees have been paid.

2. However, the Clerk may process, subject to Clerk Review, pro se filings, and Notices of Appeals to initiate an appeal, provided that the required deposit and/or filing fees have been paid.

WARNING

Each registered user is responsible for the security, use, and confidentiality of their username and password.

Each person who is a registered user of the e-Filing System shall be responsible for the security, use and confidentiality of his/her unique username and password.

WARNING

Vision-impaired attorney filers may petition for leave to file on paper, and a motion seeking exemption from mandatory e-filing may itself be filed on paper.

Due to limitations associated with the electronic readers used by some vision-impaired filers, vision-impaired attorney filers may petition the Court for leave to file in paper format. A motion seeking exemption from the mandatory e-Filing requirements may be filed in paper format.

WARNING

Applies to

Filings by vision impaired attorneys

A vision-impaired attorney filer may petition the Court for leave to file on paper because of limitations with electronic readers.

Due to limitations associated with the electronic readers used by some vision-impaired filers, vision-impaired attorney filers may petition the Court for leave to file in paper format.

WARNING

After the last permitted fax-filing day, an attorney whose filing is received by fax in a mandatory e-File case type is sent notice that fax filing is no longer accepted and instructions for electronic filing.

If the Court or Clerk receives, via facsimile, documents to be filed from an attorney, a fax will be sent back to the attorney informing him/her that facsimile filing in the applicable mandatory e-File case type(s) will no longer be accepted once the last day for facsimile filing date has passed. Instructions on how to register as a user of the e-Filing System and how to submit the documents electronically will also be provided in that fax.

WARNING

An e-filer experiencing technical issues may file by fax but must promptly e-file the documents once the issues are resolved.

For an e-filer experiencing technical issues, the filing may be made by fax, provided that the filer promptly e-files the documents upon resolution of the technical issues.

WARNING

The Clerk may similarly process subsequent filings in a case initiated under this procedure, subject to Clerk review.

All subsequent filings in any case so initiated, subject to the Clerk's review, may be similarly process by the Clerk.

WARNING

Applies to

Notice of appeal

A notice of appeal may be filed electronically or on paper depending on whether e-filing is mandatory for the appealed case type, and counsel must consult the appellate court's local rules to determine the proper method.

The Local Rules of the Fourth District Court of Appeals allows notices of appeal to be filed either electronically or in paper form, depending on whether the case type of the case being appealed is subject to mandatory e-Filing. Counsel shall consult the Local Rules of the Fourth District Court of Appeals to determine the proper means of filing a specific notice of appeal.

WARNING

Applies to

Exhibits

Every reasonable effort should be made to submit exhibits electronically when practicable, but items that cannot be captured or stored electronically may be filed and served conventionally.

Every reasonable effort shall be made to submit all exhibits electronically whenever practicable. However, exhibits or other items that cannot be captured or stored in an electronic format may be filed and served conventionally.

WARNING

Applies to

Exhibits transcripts or other items

Exhibits, transcripts, or other items that cannot be stored electronically or are too large to file practically may be filed and served conventionally.

However, exhibits, transcripts or other items that cannot be captured or stored in an electronic format or that are too large, so it is impractical to file, may be filed and served conventionally.

WARNING

An electronic filing is deemed authorized by the party assigned to its unique identifier unless that party proves otherwise by clear and convincing evidence.

All documents filed electronically will be deemed to be made with the authorization of the party who is assigned to the specific unique electronic identifier, unless the party demonstrates to the Court otherwise, by clear and convincing evidence.

WARNING

A pro se party who provides an email address will be registered in the e-Filing System and receive electronic notification and service; otherwise, the Clerk will accept the paper filing.

If the Court or Clerk receives, via mail, documents to be filed from a pro se party, the Clerk's office will register the party as a user in the e-Filing System, if the party has provided an email address, and that party will receive electronic notification and service. If the party has NOT provided an email address, the Clerk's office will accept the paper filing for processing.

WARNING

Applies to

Motion seeking exemption from mandatory e filing

A motion seeking an exemption from mandatory e-filing may be filed on paper.

A motion seeking exemption from the mandatory e-Filing requirements may be filed in paper format.

WARNING

Registered users must choose a password for electronic filing and case-document access and activity.

Registered users will also choose a password that will be used, along with the username, to file, serve, receive, review and retrieve electronically filed pleadings, orders and other documents filed in the assigned case.

WARNING

Applies to

Exhibits and transcripts

Every reasonable effort shall be made to submit all exhibits and transcripts electronically whenever practicable.

Every reasonable effort shall be made to submit all exhibits and transcripts electronically whenever practicable.

WARNING

Applies to

Motion to continue

Attorneys and pro se litigants may file motions to continue on paper or remotely prepare and present continuances through the e-Filing System.

Attorneys and pro se litigants may file motions to continue conventionally in paper form or may remotely prepare and present continuances through the e-Filing System.

INFO

Parties who file electronically or receive electronic service of filed documents become participants in the e-Filing System.

By definition, parties filing electronically or receiving electronic service of any documents filed shall become participants in the e-Filing System.

INFO

The Clerk may similarly process subsequent filings in a case initiated this way, subject to the Clerk’s review.

3. All subsequent filings in any case so initiated, subject to the Clerk's review, may be similarly process by the Clerk.

INFO

The Clerk should advise pro se litigants that they may register and use the e-Filing System at a public computer if they have an accessible email address; otherwise, pleadings will continue to be mailed to their address on file.

The Clerk should advise the pro se party that there is a public access computer station, located in the Law Library, from which the pro se litigant (and any other litigant or filer) may register and use the e-Filing System provided the e-filer has an email address that they can readily access and view documents. If they do not such an email address the pleadings will continue to be mailed to their physical address on file.

INFO

Applies to

Deposition transcript

A party who reasonably believes a deposition transcript will be needed as evidence may file it electronically or on paper; a transcript too large to e-file may be submitted on paper.

If a party reasonably believes that deposition transcripts will be needed as evidence pertaining to any motions or other proceeding, those deposition transcripts may be filed electronically or conventionally in paper form. If the transcript is too large to file electronically it may be submitted in paper form.

INFO

Electronic filing was encouraged, but not mandatory, for domestic relations cases other than CSEA cases while paper filings continued to be accepted during the transition to mandatory e-filing for attorneys.

On January 1, 2020, the Athens County Clerk of Courts and the Athens County Common Pleas Court Division of Domestic Relations began encouraging e-Filing for all domestic relations cases except Athens County Child Support Enforcement Agency ("CSEA") cases. Paper filings were still being accepted during this transition period to mandatory e-Filing tor attorneys.

INFO

Electronic filing is permitted but not mandatory in criminal cases at this time.

Criminal: E-filings may be made in criminal cases but are non-mandatory at this time.

INFO

Pro se litigants may e-file their documents through the e-Filing System.

The pro se litigant may e-File his/her documents through the e-Filing System.

INFO

Applies to

Document

Documents may be submitted to the Clerk for electronic filing at any time, seven days a week.

Documents may be submitted to the Clerk for e-Filing 24 hours a day, seven days a week.

INFO

A mandatory filer without internet access may use the Clerk's public access computers to register and file electronically.

If a mandatory filer does not have internet access, the filer can use the Clerk's public access computer stations to register to use the e-Filing System and to then file his/her/its documents electronically.

INFO

Applies to

Pro se document

A pro se document may instead be submitted in conventional paper format, signed by the pro se party, to the assigned Judge’s office for review.

Otherwise, the pro se document may be submitted signed by the pro se party in conventional paper format and given to the assigned Judge's office for the Judge's review.

INFO

Applies to

Criminal proceeding filing

Parties in criminal proceedings may file electronically beginning August 1, 2020, subject to the Order and further modification.

In criminal proceedings, the parties may file electronically as of August 1, 2020 in accordance with the provisions set forth herein and subject to further modification.