Butler County Court of Common Pleas, General Division Electronic Filing Rules

Once a motion to seal is granted, the documents must be provided to the clerk with a copy of the sealing order and are exempt from electronic filing.

(B) If the motion is granted by the trial judge, the filing of the documents will be exempt from e-Filing. The party filing under seal shall provide the Clerk of Courts the document(s) to be filed, along with a copy of the entry permitting the document(s) to be filed under seal and the Clerk shall then do all of the following:

E-filing is required in designated case types, and attorneys and self-represented parties must consult the Clerk's website before initiating a case to determine whether it applies.

(1) The Court’s goal is to make e-Filing available and required in all cases and case types, with limited exceptions. However, to assure a smooth transition between e-Filing and paper filing, e-Filing will be available and required in some case types prior to others. The Clerk shall maintain on the Clerk’s website a list of all case types that are required to be e-Filed. Counsel and persons representing themselves pro se shall consult the Clerk’s website before initiating a case to determine whether e-Filing is required. If required, all documents to be filed are subject to the requirements, exceptions and limitations set forth in these rules.

Applies to

All documents

After e-filing is implemented for a case type, all documents must be submitted through the e-Filing Portal, and the Clerk generally may not accept paper filings.

(2) Once e-Filing is implemented for a particular case type, all pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders and other documents submitted in a mandatory e-File case type shall be submitted electronically through the e-Filing Portal. Subject to applicable exceptions, the Clerk shall not accept for filing or file any document in paper form in mandatory e-Filing case types.

Applies to

All documents

Fax submissions are discarded and not filed in cases using mandatory e-filing, without notice to the submitting party.

(3) Fax filings will not be accepted for cases for which e-Filing has been implemented. Any documents for such cases submitted by fax will be discarded and not filed, without notice to the submitting party.

Every person filing in a designated mandatory e-file case type must register as an e-Filing Portal user.

(1) All persons filing documents in the case types designated as mandatory e-File cases shall be registered as users in the e-Filing Portal.

Licensed attorneys are expected to use the e-Filing Portal; documents submitted in person, by mail, or by fax are returned unfiled and are not considered filed until electronically submitted.

(a) All licensed attorneys are expected to use the e-Filing Portal. Any documents received in person, by mail, or fax from a licensed attorney will be returned to the attorney, unfiled, with instructions on how to register as a user of the E-Filing Portal and how to submit documents electronically. No such Page 14 ===== PAGE 20 ===== documents shall be considered filed until they are submitted through the e-Filing Portal.

An unregistered pro se filer appearing in person must register through a Clerk's Office computer station, may receive registration assistance, and must thereafter submit documents through the portal.

(i) Pro se parties filing in person who are not already registered users shall be directed to a computer station in the Clerk of Courts’ office to allow them to register as a user of the e-Filing Portal. The Clerk’s office will provide assistance to the filer during the registration process, if needed, but the Clerk shall not be designated as the filer of any of the documents. Once the filer becomes a registered user, his/her documents shall be submitted through the e-Filing Portal.

For mailed filings from an unregistered pro se party, the Clerk registers the party and, after required deposits and fees are paid, scans and electronically files the documents in the party's name.

(ii) If the Clerk receives documents via US mail to be filed from a pro se party, who is not a registered user, the Clerk’s office will register the party as a user in the e-Filing Portal. Pro se parties providing an email address with their filings shall be registered to receive subsequent electronic notification. a. Provided all required deposits and filing fees have been paid, the Clerk will scan the pro se party’s documents and e-File them, listing the pro se party as the filer.

After the Clerk's initial registration and filing assistance, all subsequent pro se filings must be submitted through the e-Filing Portal or they will be returned unfiled.

c. All subsequent filings not submitted through the e-Filing Portal will be returned to the pro se party, unfiled, and no such documents shall be considered filed until they are submitted through the e-Filing Portal.

Applies to

CQE petition

A requester must file the DRC Electronic Petition for a Certificate of Qualification for Employment with the Clerk of Courts, and the form must include the DRC Electronic Petition Number.

In order to request a CQE, the DRC Electronic Petition for Certificate of Qualification for Employment shall be filed with the Clerk of Courts by the Petitioner, as instructed by the DRC. The form shall contain the DRC Electronic Petition Number.

Applies to

Proposed judgment entry

All proposed judicial-sale entries requiring a judge's signature must be submitted through the e-Filing portal.

All entries requiring a judge's signature, including but not limited to decrees of foreclosure and orders confirming sale and distribution, must be submitted to the trial judge through the e-Filing portal.

Applies to

Deposition transcript

For deposition transcripts intended for motion proceedings or trial, the Clerk may accept an original paper copy instead of an electronic filing.

(B) Transcripts of Depositions. To the extent that a party to any case seeks to file an original, paper or “hard copy” transcript of a deposition for use in motion proceedings or at trial, rather than e-File an electronic copy of the transcript, the Clerk of Courts may accept the original in lieu of e- Filing.

An attorney or pro se party may seek excused relief from mandatory e-filing by filing a motion stating the reasons for noncompliance, although leave is expected to be rare and granted only in exceptional circumstances.

(2) At the Court’s discretion, any attorney or pro se party may be excused from mandatory e-Filing. Leave to file other than through the e-Filing Portal may be granted only by the filing of a motion with the judge assigned to the case, specifically stating the reasons the attorney/party cannot comply with e-Filing procedures. The Court’s expectation, however, is that leave will be granted rarely, and except under exceptional circumstances.

Electronic documents may be submitted to the Clerk at any time, including weekends.

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

Applies to

Search warrant application

The court permits search-warrant applications to be accepted and issued electronically during non-business hours and other appropriate times.

Pursuant to authority granted by, and in conjunction with, Crim. R. 41, the Court has adopted processes and procedures via which applications for search warrants may be accepted and issued electronically, during non-business hours and at other times deemed necessary and appropriate.

Applies to

Search warrant and return

The court's direct electronic filing of warrants and returns satisfies the Criminal Rules filing requirements, and officers need not personally file documents the court has filed electronically.

The Court’s direct filing of warrants and returns via the electronic warrant system shall constitute compliance with the Rules of Criminal Procedure relative to the filing of warrants and returns. Law enforcement officers are not required to personally file warrants and returns electronically filed by the Court.