Cuyahoga County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Mediation continuances require good cause, generally cannot be based solely on pending motions, and will not be granted unless mediation can be scheduled before the next court event.
- If the Court cannot rule by the scheduled ruling date for any reason, the trial date must be continued for at least 60 days.
- An automatic trial-date continuance does not apply when a party obtains an extension of the briefing schedule that requires extending the ruling date, although the Court may continue the trial date in its discretion.
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Request must include
- A written continuance motion stating the reason and endorsed by both the party and counsel must be filed with the Clerk and received at least seven days before the scheduled trial or hearing, unless the trial judge waives the written-motion requirement for good cause.
- A continuance motion based on a conflicting trial assignment will not be considered unless it includes a copy of the conflicting assignment and is filed at least 30 days before the scheduled trial.
- A continuance motion must be filed with the Clerk of Courts and received by the Court no later than seven days before the scheduled trial or hearing.
- The court should not consider a conflicting-assignment continuance motion unless it includes the conflicting assignment and is filed at least 30 days before trial.
Communication
Phone
Clerk
Document Format Requirements35 rules
Counsel's entry of appearance must be in writing.
All entries of appearance of counsel must be in writing and e-filed.
Permanent-record exhibits are limited to letter size, measuring 8½ by 11 inches.
Any exhibits which are part of the permanent record of the case are limited to 8 ½" x 11" in size (letter size).
All pleadings, motions, and other filings must be typewritten or legibly handwritten on white letter-sized paper, with typed documents double-spaced in 12-point font, subject to stylistic exceptions for block quotations and footnotes.
All pleadings, motions and other filings, e-filed or otherwise, must be typewritten or legibly hand-written on letter sized (8.5'' x 11") white paper. Typed documents must be double-spaced with 12 point font. Where stylistically appropriate, such as in block quotations and in footnotes, the spacing and font size may vary from this standard.
All e-filed documents must, to the extent practicable, comply with Local Rule 8 and Civ.R.10; external links are prohibited, and internal links must be incorporated into the filed document.
(D) E-FILED DOCUMENTS (1) Format. All E-Filed documents must, to the extent practicable, be formatted in accordance with Local Rule 8 and Civ.R.10. A filed document may not contain internal links to other documents or references in the court’s case management system, unless the links are incorporated into the filed document. External links are prohibited.
An electronic submission and any aggregate of PDF files in one transmission may not exceed 20 megabytes; oversized submissions are rejected and must be filed in paper format.
(4) Size of Filing. Submissions are limited to twenty megabytes in size. No combination of PDF files in one transmission may aggregate to more than twenty megabytes in size. Filings that exceed this size limit will be rejected by the clerk and must be filed as a paper document.
An electronic filing may contain only one captioned document, although attachments to a motion, brief, or other filed document may be included in the same electronic filing.
(6) One Document per Filing. Only one captioned document may be filed per E-Filing. This provision does not preclude the inclusion of attachments to a motion, brief, or other filed document in the same E-Filing.
Proposed orders must be submitted in Microsoft Word .doc or .docx format.
(3) Proposed Orders. Proposed orders must be submitted in Microsoft Word (.doc or .docx) format,
DOCX
All e-filed documents except proposed orders must be filed in PDF format.
(2) Portable Document Format. With the exception of proposed orders, all E-Filed documents must be filed as a portable document format (PDF) file.
Electronic documents may bear a judge’s or magistrate’s signature as a digitized image, with the same effect as a conventional paper signature entered on the journal.
(5) Judge and Magistrate Signatures. Electronic documents may be signed by a judge or magistrate via a digitized image of his or her signature.
E-filed documents requiring an attorney’s or filing party’s signature must use a signature representation such as “/s/ (name).”
(1) Attorney and Filing Party Signature. E-Filed documents that require an attorney’s or filing party’s signature must be signed with a representation of a signature such as "/s/ (name)."
A signature representation on an e-filed document has the same effect as an original signature for purposes of applicable procedural rules.
(2) Effect of Signature on E-filed Pleading. The representation of a signature on an e-filed document has the same effect as an original signature for purpose of signature requirements imposed by all applicable Rules of Procedure.
Documents bearing signatures of someone other than the filing party, including affidavits and depositions, may be e-filed only as hand-signed scanned PDF documents.
(4) Third-Party Signatures. Documents containing signatures of someone other than the party filing the document (such as: affidavits, depositions, etc.) may be E-Filed only as a hand signed scanned PDF document.
When two or more individuals must sign a stipulation or other document, the e-filer must indicate the agreement of the other counsel or parties at the appropriate place, usually the signature line, using a signature representation.
(3) Multiple Signatures. When a stipulation or other document requires the signature of two or more individuals, the E-Filer must indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line, using the representation of a signature as detailed in Sec. E(2).
Documents submitted for in camera review must be delivered to the assigned judge in paper outside the E-Filing system, and the submitting party must e-file a notice of the submission.
Any documents submitted for in camera review must be submitted to the assigned judge in paper form outside the E-Filing system. The party submitting the documents for in camera review must e-file a Notice of Documents Submitted for In Camera Review.
Paper
All pleadings, motions, and other filings must use letter-sized white paper, with typed documents double-spaced in 12-point font, subject to stylistic variation in block quotations and footnotes.
All pleadings, motions and other filings, e-filed or otherwise, must be typewritten or legibly hand-written on letter sized (8.5'' x 11") white paper. Typed documents must be double-spaced with 12 point font. Where stylistically appropriate, such as in block quotations and in footnotes, the spacing and font size may vary from this standard.
Pleadings may not be amended through interlineation or obliteration.
No pleadings may be amended by interlineation or obliteration.
E-filed documents must be submitted as PDF files, except proposed orders.
With the exception of proposed orders, all E-Filed documents must be filed as a portable document format (PDF) file.
Each electronic submission and any combined PDF transmission is limited to 20 megabytes; oversized filings must be filed in paper form.
Submissions are limited to twenty megabytes in size. No combination of PDF files in one transmission may aggregate to more than twenty megabytes in size. Filings that exceed this size limit will be rejected by the clerk and must be filed as a paper document.
The E-filing title and docket type must exactly match the document caption and document type.
The title of a filing entered into the E-Filing system must match exactly the title in the caption of the filed document. c. The docket type selected on the E-Filing system must match exactly the type of document filed.
When two or more signatures are required, the e-filer must indicate the other parties' agreement at the appropriate location using represented signatures.
When a stipulation or other document requires the signature of two or more individuals, the E-Filer must indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line, using the representation of a signature as detailed in Sec. E(2).
Documents bearing a non-filer's signature, including affidavits and depositions, may be e-filed only as hand-signed scanned PDFs.
Documents containing signatures of someone other than the party filing the document (such as: affidavits, depositions, etc.) may be E-Filed only as a hand signed scanned PDF document.
An e-filed document requiring an attorney's or filing party's signature must use a signature representation such as "/s/ (name)."
E-Filed documents that require an attorney’s or filing party’s signature must be signed with a representation of a signature such as "/s/ (name)."
An oversize or three-dimensional exhibit must be reduced by photograph or duplication and approved by the judge or hearing officer before inclusion in the permanent record.
The party responsible for the exhibit will ensure that oversize or three- dimensional exhibits are reduced by photograph or duplication and approved by the judge or hearing officer for inclusion into the permanent record as an exhibit.
The court may strike filings that do not comply with the document-format rule.
The Court may strike any filings that do not comply with this rule.
Hardcopy filings may be bound only with a paper clip, binder clip, or three-ring binder, and filings using another binding method may be rejected by the clerk.
To permit easy scanning of documents, any filing submitted as a hardcopy may be bound only by a paper clip, binder clip or three-ring binder. A filing bound in any other manner may be rejected by the clerk.
Hardcopy filings may be bound only with a paper clip, binder clip, or three-ring binder, and other binding may lead to clerk rejection.
To permit easy scanning of documents, any filing submitted as a hardcopy may be bound only by a paper clip, binder clip or three-ring binder. A filing bound in any other manner may be rejected by the clerk.
Exhibits included in the permanent record must be letter size, and oversize or three-dimensional exhibits must be reduced by photograph or duplication and approved by the judge or hearing officer.
(E) Form of Exhibits. Any exhibits which are part of the permanent record of the case are limited to 8 ½" x 11" in size (letter size). The party responsible for the exhibit will ensure that oversize or three- dimensional exhibits are reduced by photograph or duplication and approved by the judge or hearing officer for inclusion into the permanent record as an exhibit.
Proposed orders must be submitted in Microsoft Word .doc or .docx format.
Proposed orders must be submitted in Microsoft Word (.doc or .docx) format
DOCX
Every filed document must have an appropriate title.
All filed documents must have an appropriate title.
Filed documents may contain internal links only when incorporated into the document, and external links are prohibited.
A filed document may not contain internal links to other documents or references in the court’s case management system, unless the links are incorporated into the filed document. External links are prohibited.
E-filed documents must be formatted in accordance with Local Rule 8 and Civ.R.10 to the extent practicable.
All E-Filed documents must, to the extent practicable, be formatted in accordance with Local Rule 8 and Civ.R.10.
The court may strike an accepted filing that does not substantially comply with formatting rules, either sua sponte or on a party's motion.
If, despite the clerk’s review, a document accepted for filing does not substantially comply with this court’s formatting rules, the court may, either sua sponte or on the motion of any party, strike the improperly formatted document.
Exhibits or other items incapable of electronic capture or storage may be filed and served in paper form.
Exhibits or other items that cannot be captured or stored in an electronic format may be filed and served in paper form.
Paper
A signature representation on an e-filed document has the same legal effect as an original signature under applicable procedural rules.
The representation of a signature on an e-filed document has the same effect as an original signature for purpose of signature requirements imposed by all applicable Rules of Procedure.
A judge or magistrate may electronically sign a document using a digitized signature image.
Electronic documents may be signed by a judge or magistrate via a digitized image of his or her signature.
Document Filing Requirements56 rules
A notice of limited appearance must use the prescribed title, describe the representation’s scope and justification, and state that the limited representation was communicated to the client in writing.
Notice of appearance of counsel who has a limited scope of representation must: (a) Be titled “Notice of Limited Appearance”; (b) Describe the scope of the representation; (c) Set forth the circumstances that justify the limited appearance; (d) Indicate that the limited nature of counsel’s representation has been communcated to the client in writing.
Document Type
Notice Of Appearance
An application for a standing order designating a Special Process Server must be supported by an affidavit containing the stated applicant information and agreements.
A person may apply for a standing order to be designated as a "Special Process Server" for cases filed in this Court by filing an application supported by an affidavit setting forth the following information:
Document Type
Special Process Server Application
The applicant must submit a proposed standing order with the specified caption and language designating the applicant to serve process and subpoenas for the stated one-year term or until further court order.
The applicant requesting the designation shall also submit a proposed standing order captioned "In Re The Appointment of (name of applicant) As Special Process Server," and stating as follows: "It appearing to the Court that the following applicant has complied with the provisions of Local Rule 38, (name of applicant) is hereby designated as a Special Process Server authorized to make service of process and subpoenas in all cases filed with this Court, to serve for one year, such year beginning on January 1st of the year filed and ending on December 31st, of that year, or until further order of the Court."
Document Type
Proposed Standing Order
When one or more parties agree to continue the trial date, the motion caption must reflect that agreement.
If all parties, or certain parties, agree to the motion to continue the trial date, such agreement shall be reflected in the caption.
Document Type
Motion To Continue
A motion seeking to continue the trial date must be in writing and use the caption “Motion to Continue the Trial Date.”
All motions to continue the trial date shall be made in writing and captioned as “Motion to Continue the Trial Date.”
Document Type
Motion To Continue
For a docket with a volunteerism component, a Participation Agreement must be executed before admission.
Additionally, some of the docket may have a volunteerism component and a Participation Agreement would need to be executed prior to admission.
Document Type
Participation Agreement
Offenders assigned to the BJA Grant Court must execute a Participation Agreement.
Participation Agreement required
Document Type
Participation Agreement
An investigator must submit an itemized statement of services rendered in every compensated case.
In every case, the investigator shall submit an itemized statement of services rendered.
Document Type
Investigator Compensation Submission
Counsel for a defendant must file a specific application identifying the sought expert's name and credentials, proposed services, hourly rate and estimated hours, additional expenses, and total projected expense before the court will consider approval or payment.
This Court shall not consider approval of or payment for and shall not approve or pay any amount for any expert or specialist relating to psychological, mitigation or similar services under R.C. 2929.024 or otherwise in a criminal action unless there is filed with the Clerk of Courts or Court an application by counsel for the defendant which expressly provides, with specificity, the following information: (1) The name of the individual(s) sought to be appointed, his/her professional qualifications or credentials demonstrated by an attached resume or curriculum vitae; (2) The services sought to be provided including, but not limited to, research, investigation, testimony and/or consultation; (3) The hourly rate to be charged by such individual for each service and the estimated number of hours; (4) Any additional expense anticipated in connection with such services; and (5) The total projected expense anticipated for each individual.
Document Type
Expert Appointment Application
All legal papers filed in an asbestos civil action must include the caption designation "Civil Action -- Asbestos."
The caption of all legal papers filed in the action shall contain the designation "Civil Action -- Asbestos."
Document Type
Legal Papers
A receiver must file an inventory of all property and assets as soon as practical and no later than 30 days after taking possession, unless the court orders otherwise.
(A) As soon as practical after his appointment, and not more than thirty (30) days after taking possession of property, a receiver shall file an inventory of all property and assets in his possession unless otherwise ordered by the Court.
Document Type
Inventory Of Property And Assets
A receiver must file reports of receipts and disbursements with supporting documentation within three months of appointment and every three months thereafter until discharge or as the court directs.
(B) A receiver shall file reports of receipts and disbursements with supporting documentation of his acts and transactions as receiver within three (3) months after the date of appointment and at regular intervals every three (3) months thereafter until discharged or at such other times as the Court may direct.
Document Type
Receiver Report
Every complaint caption must identify each party's name and known address, identify the document as a complaint, and state the general nature of the action.
The caption in every complaint must state the name and address, if known, of each party. The complaint should be titled as such and should state in the caption the general nature of the action.
Document Type
Complaint
Every filing must include the filing party's name, address, telephone number, and email address; attorney filings must also include the attorney's Ohio Supreme Court registration number.
All filings must include the filing party's name, address, telephone number and e-mail address. If the filing party is an attorney, the filing must also include the attorney's Ohio Supreme Court registration number.
Document Type
Filing
Every complaint must be accompanied by a case designation sheet identifying the case category, related pending or closed cases, and any prior dismissal; mortgage foreclosure cases must also provide the field service representative's contact information when applicable.
A case designation sheet must be filed with every complaint. The case designation sheet must indicate the appropriate category of the case, disclose any related cases, pending or closed, and must indicate if the case has been previously filed and dismissed. In mortgage foreclosure cases, the case designation sheet must also provide the name and telephone number, or other contact information, for the property's field service representative, if any.
Document Type
Case Designation Sheet
Self-represented parties and counsel of record must file notices of address changes with the clerk.
Self-represented parties or counsel of record must file any notice of change of address with the clerk.
Document Type
Notice Of Change Of Address
Filings submitted after the complaint must include the case number, assigned judge and magistrate names when applicable, first plaintiff and defendant names, and the filing title.
All filings subsequent to the complaint must state the case number, the assigned judge's name, the assigned magistrate's name, if any, the name of the first plaintiff, the name of the first defendant and the title of the filing.
Document Type
Filing Subsequent To Complaint
Every motion concerning a discovery dispute must include the disputed discovery request and any responses to that request.
All motions related to discovery disputes must include a copy of the disputed discovery request and any responses to the request.
Document Type
Discovery Motion
A motion to amend a pleading must state the substance of the proposed amendment and its grounds and attach the proposed amended pleading as an exhibit.
A motion to file an amended pleading must indicate the substance of the proposed amendment and the grounds for the amendment. The proposed amended pleading must be submitted as an exhibit to the motion.
Document Type
Motion To File Amended Pleading
A proposed order must identify the specific motion to which it applies.
Proposed orders must be submitted in Microsoft Word (.doc or .docx) format, must reference the specific motion to which they apply, and must be contemporaneously served on all parties.
Document Type
Proposed Order
Every filed document must have an appropriate title, including using the proper title for motions, briefs in opposition, replies, and other filings.
(5) Title of Filing and Docket Type. a. All filed documents must have an appropriate title.
Document Type
Filed Document
The electronic filing-system title and docket type must exactly match the filed document’s caption title and document type.
b. The title of a filing entered into the E-Filing system must match exactly the title in the caption of the filed document. c. The docket type selected on the E-Filing system must match exactly the type of document filed.
Document Type
E Filing
When a judge orders an electronic filing stricken, the clerk must annotate the docket with that fact and the reason.
c. When the clerk strikes a document upon the order of a judge, the clerk must annotate the docket to show that it has been stricken and the reason therefore.
Document Type
Docket
A revised document's title must identify it as revised and state the original filing date.
c. The revised document must be so identified and must reference the date of filing of the document being revised in its title. For example, a document submitted in place of a motion to dismiss that was filed on June 1, 2015, should be titled "Revised Motion to Dismiss (original filed on June 1, 2015)."
Document Type
Revised Document
An instanter-filing motion based on technical failure must include a signed declaration explaining why the deadline was missed.
b. The motion must be accompanied by a signed declaration explaining the failure to meet the deadline.
Document Type
Instanter Motion
An electronically filed claim requiring summons must be submitted with service instructions as required by the Rules of Procedure.
(1) Service of claims that require service of summons. When submitting any complaint, third-party complaint, or other claim requiring summons for E-Filing the filing party must also submit instructions for service as required by the Rules of Procedure.
Document Type
Complaint
Every filing subsequent to the complaint must include a certificate of service.
a party must include a certificate of service in
Document Type
Filing Subsequent To Complaint
A party unable to pay court costs must submit the prescribed poverty affidavit to request a waiver of those costs.
If a party is unable to pay court costs, then the party must submit a poverty affidavit requesting to have such charges waived on the form prescribed by the court.
Document Type
Poverty Affidavit
Post-complaint filings must state the case number, assigned judge, assigned magistrate if any, first plaintiff, first defendant, and filing title.
All filings subsequent to the complaint must state the case number, the assigned judge's name, the assigned magistrate's name, if any, the name of the first plaintiff, the name of the first defendant and the title of the filing.
Document Type
Filing Subsequent To Complaint
The Clerk may reject a complaint that lacks the required case designation sheet.
The clerk may reject any complaint that is not accompanied by a case designation sheet.
Document Type
Complaint
Every complaint must be accompanied by a case designation sheet.
A case designation sheet must be filed with every complaint.
Document Type
Complaint
Every filing must identify the filing party, including name, address, telephone number, and email address, and attorney filings must also include the Ohio Supreme Court registration number.
All filings must include the filing party's name, address, telephone number and e-mail address. If the filing party is an attorney, the filing must also include the attorney's Ohio Supreme Court registration number.
Document Type
Filing
Every complaint must identify in its caption the name and known address of each party and the general nature of the action.
The caption in every complaint must state the name and address, if known, of each party. The complaint should be titled as such and should state in the caption the general nature of the action.
Document Type
Complaint
A notice of limited appearance must use the specified title, describe the representation and its justification, and state that the limited scope was communicated to the client in writing.
Notice of appearance of counsel who has a limited scope of representation must: (a) Be titled “Notice of Limited Appearance”; (b) Describe the scope of the representation; (c) Set forth the circumstances that justify the limited appearance; (d) Indicate that the limited nature of counsel’s representation has been communcated to the client in writing.
Document Type
Notice Of Limited Appearance
All legal papers in asbestos actions must include “Civil Action -- Asbestos” in the caption.
(B) The caption of all legal papers filed in the action shall contain the designation "Civil Action -- Asbestos."
Document Type
Legal Paper
Filing & Service rules
Electronic Filing Rules
Counsel must submit every entry of appearance in writing through electronic filing.
All entries of appearance of counsel must be in writing and e-filed.
Page 1 | 10.0 ENTRY OF APPEARANCE AND WITHDRAWAL OF COUNSEL
Documents may not be filed by fax; electronic filings must use the method specified in the court's e-filing rule.
Documents may not be submitted for filing via fax. The only permissible method for submitting filings electronically is detailed in the court's e filing rule. See Local Rule 39.0.
Page 1 | 8.0 PLEADINGS AND OTHER FILINGS — (A) Document Format
Attorneys must use the court's E-Filing system except in the expressly designated non-E-File case types.
All attorneys must use the court's E-Filing system. All cases, except for those listed below, are designated as E-File cases.
Page 1 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS (A) E-FILING GENERALLY
Criminal discovery documents must be submitted through the criminal discovery portal rather than E-Filed.
Discovery-related documents in criminal cases must be submitted electronically through the court’s criminal discovery portal and may not be E-Filed.
Page 1 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS (A) E-FILING GENERALLY
If two captioned documents are submitted in one electronic filing, only the document named in the assigned docket entry is considered filed; the other is not filed.
(7) Multiple Documents per Filing. If two captioned documents are included in the same E-Filing, the docket entry assigned to the filing will determine which document is filed. The document not named in the docket entry will not be considered filed.
Page 3 | E-FILED DOCUMENTS
The motion to seal and its service must be electronic, while sealed documents must be filed in paper unless the court directs otherwise.
A motion to file documents under seal must be filed and served electronically. However, the documents to be filed under seal must be filed in paper form unless otherwise directed by the court.
Page 7 | PAPER FILING OF DOCUMENTS
Filings may not be submitted by fax; any electronic submission must follow the court's electronic-filing rule.
Documents may not be submitted for filing via fax. The only permissible method for submitting filings electronically is detailed in the court's e filing rule. See Local Rule 39.0.
Page 12 | 8.0 PLEADINGS AND OTHER FILINGS
Counsel must submit every entry of appearance in writing through electronic filing.
All entries of appearance of counsel must be in writing and e-filed.
Page 16 | 10.0 ENTRY OF APPEARANCE AND WITHDRAWAL OF COUNSEL
Criminal discovery documents must be submitted through the criminal discovery portal rather than the E-Filing system.
(b) Discovery-related documents in criminal cases must be submitted electronically through the court’s criminal discovery portal and may not be E-Filed.
Page 95 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS — (A)(1)(b)
All attorneys must use the court's E-Filing system, subject to the listed case-type exceptions.
(1) All attorneys must use the court's E-Filing system. All cases, except for those listed below, are designated as E-File cases.
Page 95 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS — (A) E-FILING GENERALLY
Only one captioned document may be included as the filing in each e-filing, although attachments may be included.
Only one captioned document may be filed per E-Filing. This provision does not preclude the inclusion of attachments to a motion, brief, or other filed document in the same E-Filing.
Page 97 | (D) E-FILED DOCUMENTS (6) One Document per Filing
When two captioned documents are submitted together, only the document identified by the docket entry is considered filed.
If two captioned documents are included in the same E-Filing, the docket entry assigned to the filing will determine which document is filed. The document not named in the docket entry will not be considered filed.
Page 97 | (D) E-FILED DOCUMENTS (7) Multiple Documents per Filing
During an E-filing system failure, users may file in paper to meet jurisdictional deadlines.
When the court's E-Filing system is subject to a technical failure, system users may file documents in paper format to comply with jurisdictional deadlines.
Page 100 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS
A user whose own technical problems prevent E-filing may use the clerk's public terminals to meet a jurisdictional deadline.
When a system user cannot E-File because of the user's technical problems, the user may use the clerk's public terminals to file documents in order to comply with jurisdictional deadlines.
Page 100 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS
The submitting party must electronically file a notice identifying documents submitted for in camera review.
The party submitting the documents for in camera review must e-file a Notice of Documents Submitted for In Camera Review.
Page 101 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS
A motion to seal documents must be filed and served electronically.
A motion to file documents under seal must be filed and served electronically.
Page 101 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS
Indictments and criminal complaints may be submitted through the Justice Matters portal without being E-Filed.
Indictments and criminal complaints may be submitted electronically through the Justice Matters portal. Indictments and criminal complaints submitted in this manner need not be E-Filed.
Page 1 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS (A) E-FILING GENERALLY
Self-represented filers who do not use E-Filing must submit documents by mail, commercial carrier, or personal delivery to the clerk's office.
Self-represented filers who do not utilize the E-Filing system must file all documents with the clerk by mail, commercial carrier service, or personal delivery to the clerk’s office.
Page 1 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS (A) E-FILING GENERALLY
Proposed orders and party-signed agreed judgment entries requiring judicial signature should be submitted through the proposed-submission or proposed-agreed-entry icons, or filed in paper format, rather than docketed as ordinary filings.
These entries must be E- Filed through the proposed submission icon or the proposed agreed entry icon or submitted to the court in paper format.
Page 3 | E-FILED DOCUMENTS
The clerk must notify the e-filer by email of a successful submission.
(6) The clerk will notify the E-Filer by e-mail of the successful submission.
Page 4 | FILING DATE AND TIME OF E-FILED DOCUMENTS
An E-filer may file a revised document before any party responds to the original filing.
a. An E-Filer who wishes to make corrections or additions to a previously filed document may file a revised document if no response has been made to the original filing by any party.
Page 5 | FILING ERRORS — Filings Amended After Submission
Before acceptance, the clerk may reject an electronic filing on the filer's timely request if the request includes the case number or E-File ID.
a. Prior to acceptance for filing, the clerk may reject a document from the E-Filing system upon timely request by the filer. The request for rejection must contain either the case number or the E-File ID of the E-Filing sought to be rejected.
Page 5 | FILING ERRORS — Documents Filed in Error
When the court's e-filing system fails, users may file in paper format to meet jurisdictional deadlines.
b. When the court's E-Filing system is subject to a technical failure, system users may file documents in paper format to comply with jurisdictional deadlines.
Page 6 | SYSTEM ERRORS — Jurisdictional Deadlines
A user unable to e-file because of user-side technical problems may use a clerk's public terminal to meet a jurisdictional deadline.
c. When a system user cannot E-File because of the user's technical problems, the user may use the clerk's public terminals to file documents in order to comply with jurisdictional deadlines.
Page 6 | SYSTEM ERRORS — Jurisdictional Deadlines
Self-represented filers may use E-Filing but must instead submit paper documents by mail, commercial carrier, or personal delivery if they do not use the system.
(2) Self-represented filers may, but are not required to, utilize the E-Filing system. The Clerk of Courts will provide secure public access terminals from which self-represented filers will be permitted to use the court’s E-Filing system and electronically file documents. Self-represented filers who do not utilize the E-Filing system must file all documents with the clerk by mail, commercial carrier service, or personal delivery to the clerk’s office.
Page 95 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS — (A)(2)
Cognovit, foreign judgment, civil stalking protection order, replevin, CQE, and arbitration de novo appeal cases are exempt from E-Filing.
(a) Case types not subject to E-Filing are: (1) Cognovit (2) Foreign Judgment (3) Petition for Civil Stalking Protection Order (4) Replevin (5) Certificate for Qualification of Employment (CQE) (6) Arbitration Appeals De Novo
Page 95 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS — (A)(1)(a)
Party-signed proposed orders and agreed judgment entries requiring judicial signature should not be docketed as ordinary filings and must use the designated proposed-entry submission process or paper format.
Proposed orders and agreed judgment entries signed by the parties and requiring a judge or magistrate’s signature should not be filed on the docket. These entries must be E- Filed through the proposed submission icon or the proposed agreed entry icon or submitted to the court in paper format.
Page 97 | (D) E-FILED DOCUMENTS (3) Proposed Orders
Filing Timing and Cure Windows
A motion for extraordinary assigned-counsel compensation must be filed with the usual affidavit and entry requesting assigned-counsel fees.
Motions for extraordinary compensation shall be filed simultaneously with the usual affidavit and entry for assigned counsel fees.
Page 9 | JUVENILE COURT — Assigned Counsel
Assigned counsel must apply in writing for an investigator at least 30 days before trial.
In these cases, counsel shall make application for the use of such investigator in writing at least 30 days before trial.
Page 10 | 33.0 ASSIGNMENT AND COMPENSATION OF COUNSEL TO DEFEND — PART I(A)
A defendant must enter an appearance within 28 days after service of the complaint.
Within twenty-eight (28) days after service of the complaint, the defendant shall enter an appearance
Page 1 | 16.0 ASBESTOS LITIGATION SPECIAL PROVISION (C)
Within seven days after the hearing, the arbitration panel or single arbitrator must file the report and award with the dispute resolution administrator.
(a) Within seven days following the hearing, the arbitration panel or single arbitrator must file the report and award in the office of the dispute resolution administrator and provide copies to all parties or their counsel.
Page 3 | (F) Conduct of Hearing — (6) Report and Award
A party may file an arbitrator-misconduct or corruption objection within 30 days after the report and award is filed.
Objections to the decision of the arbitration panel or the single arbitrator based on either misconduct or corruption of the arbitration panel or single arbitrator may be field by any party within 30 days from the filing of the report and award.
Page 4 | (G) Appeal of Arbitration Award — (3) Objections as to Arbitrator Misconduct (a)
Filing an arbitrator-misconduct or corruption objection tolls the 30-day appeal period until the court rules on the objection.
The filing of an objection will toll the running of the 30 day appeal period until the court has ruled upon the objection.
Page 4 | (G) Appeal of Arbitration Award — (3) Objections as to Arbitrator Misconduct (c)
A de novo appeal of an arbitration award must be filed within 30 days after the report and award is filed with the clerk.
The appeal must be filed within 30 days after the report and award is filed with the clerk in compliance with the following conditions:
Page 4 | (G) Appeal of Arbitration Award — (1) Appeal De Novo
The inventory must be filed as soon as practical and within 30 days after the receiver takes possession, subject to a contrary court order.
(A) As soon as practical after his appointment, and not more than thirty (30) days after taking possession of property, a receiver shall file an inventory of all property and assets in his possession unless otherwise ordered by the Court.
Page 1 | 26.0 RECEIVERSHIP
Failure to file a required receiver report within 30 days after it is due or ordered is grounds for removal without notice and without compensation.
Failure to file any report within thirty (30) days after the report is due or ordered shall be grounds for removal without notice and without compensation.
Page 1 | 26.0 RECEIVERSHIP
The first receiver report is due within three months after appointment, followed by reports at regular three-month intervals until discharge or at other times directed by the court.
(B) A receiver shall file reports of receipts and disbursements with supporting documentation of his acts and transactions as receiver within three (3) months after the date of appointment and at regular intervals every three (3) months thereafter until discharged or at such other times as the Court may direct.
Page 1 | 26.0 RECEIVERSHIP
When the clerk accepts an electronic submission, the document is entered into the court’s case-management system and receives an electronic filing timestamp.
(4) If a document submitted for E-Filing is accepted by the clerk, the document will be entered into the court’s case management system and will receive an electronic timestamp indicating the date and time of the E-Filing.
Page 4 | FILING DATE AND TIME OF E-FILED DOCUMENTS
A rejected electronic submission does not become part of the official court record, and the clerk notifies the e-filer by email of the rejection.
(7) If the clerk rejects a submitted document, the document will not become part of the official court record. The clerk will notify the E-Filer by e-mail if the E-Filer’s submission has been rejected.
Page 4 | FILING DATE AND TIME OF E-FILED DOCUMENTS
The electronic timestamp and effective filing date and time correspond to the date and time the document was submitted to the e-filing system.
(5) The electronic timestamp, and the effective date and time of filing, will correspond to the date and time the E-Filing was submitted to the E-Filing system.
Page 4 | FILING DATE AND TIME OF E-FILED DOCUMENTS
The response period for a properly filed revised document begins on that document's filing date.
e. The time for filing a response to a revised document properly filed under this rule begins to run from the date the revised document is filed.
Page 5 | FILING ERRORS — Filings Amended After Submission
For a planned or anticipated outage, the clerk must post an outage alert on the clerk's website and e-filing portal.
a. Anticipated Outage. If the system outage is planned or anticipated ahead of time, the Clerk must post a message on the Clerk’s website and on the E-Filing portal - alerting filers of a possible system outage.
Page 5 | SYSTEM ERRORS — Technical Malfunctions with the E-Filing System
After acceptance, a filer cannot withdraw, delete, or alter an electronic document; only a judge may strike a document filed in error.
b. After the clerk accepts an E-Filing, the E-Filed document cannot be withdrawn, deleted, or altered. After acceptance, only a judge can strike an E-Filing in the event it has been filed in error.
Page 5 | FILING ERRORS — Documents Filed in Error
Electronic submission or clerk rejection does not extend or otherwise alter the applicable filing deadline.
(8) Filing a document electronically or the clerk's rejection of a document does not alter the filing deadline for that document.
Page 5 | FILING ERRORS
A revised document must be filed within the same time allowed for the original document.
b. The revised document must be filed within the time permitted for the filing of the original document.
Page 5 | FILING ERRORS — Filings Amended After Submission
A filing stricken for improper formatting is treated as never filed, and a late refiling requires leave of court.
b. If the improperly formatted document is stricken, it will be treated as if it were not filed. If the deadline has expired for filing the document in question, the filer must seek leave of court to re-file it.
Page 5 | FILING ERRORS — Formatting Errors
The clerk must notify the court and public whenever an e-filing malfunction lasts more than one hour.
(1) Technical Malfunctions with the E-Filing System. The Clerk must notify the court and the public of any malfunction with the E-Filing system greater than one hour.
Page 5 | SYSTEM ERRORS — Technical Malfunctions with the E-Filing System
Technical failure does not extend jurisdictional deadlines, including statutes of limitation or appeal deadlines.
a. Technical failures, whether the fault of the court's E-Filing system or otherwise, cannot extend jurisdictional deadlines (such as statutes of limitation or deadlines for appeal).
Page 6 | SYSTEM ERRORS — Jurisdictional Deadlines
For an unexpected outage, the clerk must post a notice on the clerk's website and e-filing portal.
b. Unexpected Outage. If the system outage is unexpected, the Clerk must post a message on the Clerk’s website and on the E-Filing portal.
Page 6 | SYSTEM ERRORS — Technical Malfunctions with the E-Filing System
If the court finds that an e-filing system failure prevented submission, it must deem the document filed on the attempted submission date.
d. Order to Deem Filed as of Date Electronically Submitted. If the court determines from the motion described in Part c of this Section that a system failure prevented a filer from E-Filing a document, the court must enter an order deeming the document filed as of the date of the attempted electronic submission.
Page 6 | SYSTEM ERRORS — Technical Malfunctions with the E-Filing System
An order transferring a previously filed or related case to another judge must be entered within 120 calendar days after the new complaint is filed.
filed case or related case to another judge must be entered within 120 calendar days from the date of the filing of the new complaint in the new case.
Page 24 | 15.0 ASSIGNMENT OF CIVIL CASES FOR TRIAL
A judge- or magistrate-signed document transmitted electronically in compliance with the Court's procedures constitutes filed when the Clerk completely receives it.
Electronic transmission of a document with an electronic signature by a Judge or Magistrate that is sent in compliance with procedures adopted by the Court shall, upon the complete receipt of the same by the Clerk of Court, constitute filing of the document for all purposes of the Ohio Civil Rules, Ohio Criminal Rules, Rules of Superintendence, and the Local Rules of this Court.
Page 30 | 19.1 ELECTRONICALLY SIGNED DOCUMENTS
An electronically signed indictment transmitted by a Grand Jury Foreperson in compliance with the Court's procedures constitutes filed when the Clerk completely receives it.
Electronic transmission of an indictment with an electronic signature by a Grand Jury Foreperson that is sent in compliance with procedures adopted by the Court shall, upon the complete receipt of the same by the Clerk of Court, constitute filing of the document for all purposes of the Ohio Civil Rules, Ohio Criminal Rules, Rules of Superintendence, and the Local Rules of this Court.
Page 30 | 19.1 ELECTRONICALLY SIGNED DOCUMENTS
The arbitration panel or single arbitrator must file the report and award with the dispute resolution administrator and provide copies to all parties or counsel within seven days after the hearing.
Within seven days following the hearing, the arbitration panel or single arbitrator must file the report and award in the office of the dispute resolution administrator and provide copies to all parties or their counsel.
Page 34 | 21.0 ARBITRATION
Service and Proof of Service Rules
Within seven days after the hearing, copies of the report and award must be provided to all parties or their counsel.
(a) Within seven days following the hearing, the arbitration panel or single arbitrator must file the report and award in the office of the dispute resolution administrator and provide copies to all parties or their counsel.
Page 3 | (F) Conduct of Hearing — (6) Report and Award
After judgment is entered, the clerk must serve the judgment as prescribed by Civil Rules 58 and 5.
After entry of judgment, the clerk must serve the judgment as prescribed by Civ.R. 58 and Civ.R 5.
Page 3 | (F) Conduct of Hearing — (6) Report and Award
Copies of an objection must be served on each arbitrator and the dispute resolution administrator within 48 hours after filing.
Copies of the objection must be served upon each arbitrator and the dispute resolution administrator within 48 hours after filing and will be heard by the assigned judge
Page 4 | (G) Appeal of Arbitration Award — (3) Objections as to Arbitrator Misconduct (b)
An application for receiver or receiver's-attorney compensation may be made only after notice to creditors and other interested persons in the manner directed by the court.
(C) Applications for compensation of receivers or attorneys for receivers shall be made only upon prior notice to creditors and other persons in interest as the Court may direct.
Page 1 | 26.0 RECEIVERSHIP
Proposed orders must be contemporaneously served on all parties.
Proposed orders must be submitted in Microsoft Word (.doc or .docx) format, must reference the specific motion to which they apply, and must be contemporaneously served on all parties.
Page 3 | E-FILED DOCUMENTS
The filing party is responsible for serving every filing made after the complaint.
(2) Service of filings subsequent to the complaint. It will be the responsibility of the filing party to serve all filings subsequent to the complaint
Page 6 | ELECTRONIC SERVICE OF DOCUMENTS — Service of filings subsequent to the complaint
The clerk must issue summons using the requested service method in compliance with the applicable procedural rules.
The clerk must issue a summons by the method of service requested in accordance with the applicable rules of procedure.
Page 6 | ELECTRONIC SERVICE OF DOCUMENTS — Service of claims that require service of summons
Electronic service constitutes service and satisfies the certificate-of-service requirement unless the filer knows of a technical failure causing nonreceipt.
Electronic service of the filing constitutes service of the filed document and satisfies the certificate of service requirement, unless the filing party has actual knowledge of a technical failure resulting in non-receipt of a document.
Page 7 | E-FILED DOCUMENTS
Self-represented parties and other interested parties not subscribed to the E-Filing system must receive paper service under the applicable procedural rules.
Self-represented parties and other interested parties who may be served with a filing (such as receivers and other court appointees) but who are not subscribed to the court’s E-Filing system must be served with a paper copy in accordance with the applicable rules of procedure.
Page 7 | E-FILED DOCUMENTS
Copies of an objection must be served on each arbitrator and the dispute resolution administrator within 48 hours after filing.
Copies of the objection must be served upon each arbitrator and the dispute resolution administrator within 48 hours after filing and will be heard by the assigned judge
Page 35 | 21. ARBITRATION
The requesting party must mail notice of the sheriff's sale date, time, and place to the last known address or attorney of record of every party who has appeared.
The party requesting the sale must send notice of the date, time, and place of the sheriff's sale by ordinary mail to the last known address or attorney of record of all parties who have appeared in the case.
Page 49 | 27.0 JUDICIAL SALES
Proposed orders must be served contemporaneously on all parties.
Proposed orders must be submitted in Microsoft Word (.doc or .docx) format, must reference the specific motion to which they apply, and must be contemporaneously served on all parties.
Page 97 | (D) E-FILED DOCUMENTS (3) Proposed Orders
An E-filed complaint, third-party complaint, or other summons-bearing claim must include required service instructions.
When submitting any complaint, third-party complaint, or other claim requiring summons for E-Filing the filing party must also submit instructions for service as required by the Rules of Procedure.
Page 100 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS
The filing party is responsible for serving all filings after the complaint, and a party must include a certificate of service.
It will be the responsibility of the filing party to serve all filings subsequent to the complaint and a party must include a certificate of service in
Page 100 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS
If the title evidence shows that necessary parties were not made defendants, the filing attorney must proceed without delay to add and serve them.
Where the evidence of title indicates that necessary parties have not been made defendants the attorney for the party filing the case shall proceed without delay to cause such new parties to be added and served.
Page 1 | 24.0 FORECLOSURE, QUIET TITLE AND PARTITION ACTIONS
The court and clerk will electronically issue, journalize, and serve notices, orders, and other documents.
The court and the clerk will issue, journalize, and serve notices, orders, and other documents electronically.
Page 1 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS (A) E-FILING GENERALLY
The clerk will provide postcard notices to parties without an email address in the case-management system and for cases exempted from E-Filing.
The clerk will issue postcard notices to those parties that do not have an email address in the case management system and on exempted cases listed in (A)(1).
Page 1 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS (A) E-FILING GENERALLY
When the court requires a client to attend a withdrawal hearing, counsel must notify the client of the hearing date and time by certified mail with return receipt requested.
If the court requires the attendance of client at the hearing, counsel must inform the client of the hearing date and time by certified mail, return receipt requested.
Page 16 | 10.0 ENTRY OF APPEARANCE AND WITHDRAWAL OF COUNSEL
After judgment is entered, the clerk must serve the judgment as prescribed by Civil Rule 58 and Civil Rule 5.
After entry of judgment, the clerk must serve the judgment as prescribed by Civ.R. 58 and Civ.R 5.
Page 34 | 21.0 ARBITRATION
The Sheriff must issue jury summonses by mail to persons whose names have been drawn, as provided by law.
(E) The Sheriff shall issue summons by mail in the manner provided by law to persons whose names are drawn.
Page 89 | 35.0 SELECTION AND GOVERNANCE OF PROSPECTIVE JURORS
The court and clerk electronically issue, journalize, and serve documents, with postcard notice for parties lacking an email address and for exempted cases.
(3) The court and the clerk will issue, journalize, and serve notices, orders, and other documents electronically. The clerk will issue postcard notices to those parties that do not have an email address in the case management system and on exempted cases listed in (A)(1).
Page 95 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS — (A)(3)
The clerk must issue summons by the requested service method in compliance with the procedural rules.
The clerk must issue a summons by the method of service requested in accordance with the applicable rules of procedure.
Page 100 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS
Electronic service constitutes service and satisfies the certificate-of-service requirement unless the filer knows of a technical failure causing nonreceipt.
Electronic service of the filing constitutes service of the filed document and satisfies the certificate of service requirement, unless the filing party has actual knowledge of a technical failure resulting in non-receipt of a document.
Page 101 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS
Self-represented parties and other interested parties not subscribed to the E-Filing system must receive paper service.
Self-represented parties and other interested parties who may be served with a filing (such as receivers and other court appointees) but who are not subscribed to the court’s E-Filing system must be served with a paper copy in accordance with the applicable rules of procedure.
Page 101 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS
Registered users may electronically serve other registered users through the court’s authorized E-Filing system.
All parties who are registered users of the court’s authorized E-Filing system may electronically serve all other registered users of the E- Filing system through the court’s authorized E-Filing system.
Page 7 | E-FILED DOCUMENTS
Electronic service is complete when a registered user receives the notice on the E-Filing system’s E-Service notifications page.
E-Service of an E-Filed document will be deemed complete when a registered user receives the notice on the E-Service notifications page through the E-Filing system.
Page 7 | E-FILED DOCUMENTS
An electronic filing automatically serves a notice of electronic filing electronically on all registered case participants.
Once a document is E-Filed, a notice of electronic filing will be automatically served electronically on all parties who are registered case participants.
Page 7 | E-FILED DOCUMENTS
Filing Fees and Waivers
The fee for a Common Pleas certificate of judgment is $25.
Certificate of Judgment - Common Pleas $25.00
Page 1 | 7.0 SECURITY FOR COSTS
The fee for a release of lien is $5.
Release of Lien $5.00
Page 1 | 7.0 SECURITY FOR COSTS
The fee for a certificate for transfer is $15.
Certificate for Transfer $15.00
Page 1 | 7.0 SECURITY FOR COSTS
The security deposit for an administrative appeal is $250.
Administrative Appeal $250.00
Page 1 | 7.0 SECURITY FOR COSTS
The security deposit for a third-party or intervening complaint is $75.
Third Party/Intervening Complaint $75.00
Page 1 | 7.0 SECURITY FOR COSTS
The security deposit for a replevin filing is $250.
Replevin $250.00
Page 1 | 7.0 SECURITY FOR COSTS
The fee for an order in aid is $40.
Order in Aid $40.00
Page 1 | 7.0 SECURITY FOR COSTS
The security deposit for a counterclaim, crossclaim, or amended complaint is $75.
Counter Claim/ Cross Claim/ Amend Complaint $75.00
Page 1 | 7.0 SECURITY FOR COSTS
The fee for garnishment other than personal earnings is $80 for one bank, with an additional $10 for each additional bank.
Garnishment - Other Than $80.00 **
Page 1 | 7.0 SECURITY FOR COSTS
The security deposit for service by publication is $150 for a civil action and $250 for a foreclosure case.
Service by Publication (Civil Action / Foreclosure) $150.00 / $250.00
Page 1 | 7.0 SECURITY FOR COSTS
The fee for a writ of execution is $3.
Writ of Execution $3.00
Page 1 | 7.0 SECURITY FOR COSTS
The security deposit for a foreign judgment is $125.
Foreign Judgment $125.00
Page 1 | 7.0 SECURITY FOR COSTS
The fee for a personal-earnings garnishment is $85.
Garnishment - Personal Earnings $85.00
Page 1 | 7.0 SECURITY FOR COSTS
The fee for a foreign-court certificate of judgment is $20.
Certificate of Judgment - Foreign Court $20.00
Page 1 | 7.0 SECURITY FOR COSTS
A security-for-costs deposit must be made before filing a civil action or proceeding unless otherwise provided by law.
Unless otherwise provided by law, no civil action or proceeding will be accepted by the Clerk of Courts for filing unless the party or parties filing the action have first deposited a sum to secure the payment of the costs.
Page 1 | 7.0 SECURITY FOR COSTS
The fee for an exemplified copy is $1.
Exemplified Copy $1.00
Page 1 | 7.0 SECURITY FOR COSTS
The security deposit for a foreclosure civil complaint is $475, including special project fees.
Civil Complaint - Foreclosure $475.00 *
Page 1 | 7.0 SECURITY FOR COSTS
The security deposit for a civil complaint is $250, including special project fees.
Civil Complaint $250.00 *
Page 1 | 7.0 SECURITY FOR COSTS
The security deposit is $1,100 for the first order of sale in a case and $600 for each subsequent order of sale.
$1,100.00 for the first order of sale in a case and $600.00 for all subsequent orders of sale.
Page 1 | 7.0 SECURITY FOR COSTS
The fee for a motion to modify, revive, or vacate is $30.
Motion to Modify, Revive, Vacate $30.00
Page 1 | 7.0 SECURITY FOR COSTS
The security deposit for a cognovits filing is $175.
Cognovits $175.00
Page 1 | 7.0 SECURITY FOR COSTS
The fee for a certified copy is $1.
Certified Copy $1.00
Page 1 | 7.0 SECURITY FOR COSTS
A newly filed case with more than ten defendants requires the standard deposit plus $5 for each defendant beyond ten.
In newly filed cases where the number of defendants exceeds ten, the Clerk of Courts will require the standard deposit and a deposit of $5.00 for each additional defendant.
Page 2 | 7.0 SECURITY FOR COSTS
A party unable to pay court costs must submit the court-prescribed completed poverty affidavit, after which the Clerk accepts the filing without costs, subject to possible further inquiry by the trial judge.
If a party is unable to pay court costs, then the party must submit a poverty affidavit requesting to have such charges waived on the form prescribed by the court. The completed affidavit must be submitted to the Clerk of Courts who will accept the filing without costs. Once the case is assigned, the trial judge may make further inquiry into the party’s ability to pay costs and order payment where appropriate.
Page 2 | 7.0 SECURITY FOR COSTS
A cross-claimant in a transferred municipal case must post security equal to the amount required for an original filing in Common Pleas court when the prayer exceeds the municipal court’s jurisdiction.
On cases transferred to this court from the municipal court in which the prayer of the cross-claimant exceeds that court’s monetary jurisdiction, the cross-claimant must post security for costs in a sum equal to the amount required as if the case was originally filed in this court.
Page 2 | 7.0 SECURITY FOR COSTS
Upon filing the de novo appeal notice and affidavit, the appellant must repay the clerk all fees received by the arbitration panel or single arbitrator.
Upon filing the notice of appeal de novo and affidavit, the appellant must repay the clerk for all fees received by members of the arbitration panel or the single arbitrator.
Page 4 | (G) Appeal of Arbitration Award — (1) Appeal De Novo (b)
A civil action or proceeding must be accompanied by a security deposit unless otherwise provided by law.
(A) Unless otherwise provided by law, no civil action or proceeding will be accepted by the Clerk of Courts for filing unless the party or parties filing the action have first deposited a sum to secure the payment of the costs.
Page 10 | 7.0 SECURITY FOR COSTS
Sealing & Redaction Procedures
Information omitted through redaction must separately be submitted or filed on the clerk's form and held in a format unavailable for public viewing.
Pursuant to Sup.R. 45(D)(2), when personal identifiers are redacted from a document submitted to a court or filed with the clerk, the party must submit or file that information on a separate form provided by the clerk and this information will be held in a format that cannot be viewed by the public.
Page 2 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS (C) PERSONAL AND PRIVATE INFORMATION IN ELECTRONICALLY FILED COURT DOCUMENTS
Social security numbers and other personal identifying information must be redacted before filing, including from attached exhibits and addenda.
In accordance with Sup.R. 45(D), social security numbers and other personal identifying information, whether relevant to the case or not, must be redacted from documents before the documents are filed with the court. This requirement includes exhibits or addenda attached to filings such as preliminary judicial reports, financial reports, and medical records, etc.
Page 2 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS (C) PERSONAL AND PRIVATE INFORMATION IN ELECTRONICALLY FILED COURT DOCUMENTS
Social security numbers and all other personal identifying information must be redacted before filing, including from attached exhibits and addenda.
(1) In accordance with Sup.R. 45(D), social security numbers and other personal identifying information, whether relevant to the case or not, must be redacted from documents before the documents are filed with the court. This requirement includes exhibits or addenda attached to filings such as preliminary judicial reports, financial reports, and medical records, etc.
Page 96 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS — (C)(1)
Parties and counsel alone must redact personal identifiers, and any removed information must be submitted on the clerk's separate form and kept from public view.
(3) Pursuant to Sup.R. 45(D)(3), the responsibility for redacting personal identifiers rests solely with the parties and their counsel. The court and clerk will not review each document for compliance with this rule. (4) Pursuant to Sup.R. 45(D)(2), when personal identifiers are redacted from a document submitted to a court or filed with the clerk, the party must submit or file that information on a separate form provided by the clerk and this information will be held in a format that cannot be viewed by the public.
Page 96 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS — (C)(3)-(4)
Documents filed under seal must be submitted in paper form unless the court directs otherwise.
However, the documents to be filed under seal must be filed in paper form unless otherwise directed by the court.
Page 101 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS
The expert appointment application may be filed under seal and/or ex parte only with the prior permission of the assigned trial judge.
The above described application may be filed under seal and/or ex parte with the prior permission of the trial judge to whom the case is assigned.
Page 84 | Local Rules
Parties and counsel alone are responsible for redacting personal identifiers because the court and clerk will not review documents for compliance.
Pursuant to Sup.R. 45(D)(3), the responsibility for redacting personal identifiers rests solely with the parties and their counsel. The court and clerk will not review each document for compliance with this rule.
Page 2 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS (C) PERSONAL AND PRIVATE INFORMATION IN ELECTRONICALLY FILED COURT DOCUMENTS
Personal identifying information includes financial account numbers, minor children's names, driver's license numbers, and information protected by law from public disclosure.
(2) Personal identifying information includes but is not limited to: a. Financial account numbers; b. Names of minor children; c. Driver’s license numbers; d. Information protected by law from public disclosure.
Page 96 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS — (C)(2)
Filing Bundling Requirements
The investigator’s bill must be filed with assigned counsel’s attorney-fee application and paid as part of counsel’s expenses.
Bills for such investigation shall be filed with defense counsel's application for attorney fees and shall be paid as part of counsel's expenses.
Page 10 | 33.0 ASSIGNMENT AND COMPENSATION OF COUNSEL TO DEFEND — PART I(A)
Pre-Motion Conference Requirements
For anticipated motions for summary judgment, the Case Management Order must include a briefing schedule with filing deadlines and an expected ruling date at least 30 days before trial, or at least 30 days before any subsequently scheduled trial date when no trial date is set at the CMC.
If any of the parties anticipates filing a Motion for Summary Judgment, a briefing schedule shall be incorporated into the Case Management Order which shall include filing deadlines and a ruling date by which parties can expect the Court’s ruling. Such ruling date shall be set for the ruling to be made no less than thirty (30) days prior to the scheduled trial date. In the event no trial date is set at the CMC, any subsequent trial date will be scheduled to occur at least thirty (30) days after the ruling date.
Page 2 | Part II: Motions for Summary Judgment
When discovery disputes reach an impasse, a judge may require a court hearing before the parties may file a motion to compel.
In instances where parties have reached an impasse, judges may, in the Case Management Order, require parties to contact the Court for a hearing on the dispute prior to filing a Motion to Compel.
Page 4 | PART VI: Discovery Disputes
Before contacting the court about a discovery dispute, attorneys must attempt to resolve it with opposing counsel as required by the cited rules.
The Court expects attorneys to adhere to their obligations under Civil Rule 37, Local Rule 11 (F) and Local Rule 21.3 to attempt to resolve discovery disputes with opposing counsel prior to contacting the Court.
Page 4 | PART VI: Discovery Disputes
Adjournment & Extension Requirements
Mediation continuances require good cause, generally cannot be based solely on pending motions, and will not be granted unless mediation can be scheduled before the next court event.
(B) Continuances. Continuances will be granted only for good cause shown. Except as authorized by the court, the existence of pending motions will not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the next court event.
Page 1 | I. ALL MEDIATION, (B) Continuances
If the Court cannot rule by the scheduled ruling date for any reason, the trial date must be continued for at least 60 days.
Automatic Continuance: In any instance where the Court, for any reason, is unable to rule by the ruling date the Court shall continue the trial date for at least sixty (60) days.
Page 2 | Part II: Motions for Summary Judgment
A party seeking an extension must obtain leave of court when no stipulation is obtained or when an additional extension beyond the initial stipulated period is requested.
If no stipulation is obtained or if an additional extension beyond the initial stipulated period is requested, the party seeking an extension must request and obtain leave of court for an extension of time to plead.
Page 2 | 8.0 PLEADINGS AND OTHER FILINGS — (D) Leave to Plead
A party must obtain court leave when no stipulated extension is available or when seeking an extension beyond the initial stipulated period.
If no stipulation is obtained or if an additional extension beyond the initial stipulated period is requested, the party seeking an extension must request and obtain leave of court for an extension of time to plead.
Page 13 | 8.0 PLEADINGS AND OTHER FILINGS
When no prior extension has been granted, a party may obtain up to 30 additional days to answer, plead, or move through a stipulation approved by the party who filed the underlying pleading; the stipulation must affirmatively state that no prior extension exists and need not receive court approval.
When no prior extension to plead has been granted, parties may obtain an extension of time to answer, plead or otherwise move by filing a stipulation providing for an extension. (a) The stipulation must be approved by the party who filed the pleading to which the extension to plead applies. (b) This extension may not exceed 30 days. (c) The stipulation must affirmatively state that no prior extension has been granted. (d) The stipulation need not be approved by the court.
Page 13 | 8.0 PLEADINGS AND OTHER FILINGS
A continuance motion based on a conflicting trial assignment will not be considered unless it includes a copy of the conflicting assignment and is filed at least 30 days before the scheduled trial.
The court should not consider any motion under this Rule unless a copy of the conflicting assignment is attached to the motion and the motion is filed not less than thirty (30) days prior to the scheduled trial.
Page 27 | 17.0 PASSING AND DELAY OF CASES
A written continuance motion stating the reason and endorsed by both the party and counsel must be filed with the Clerk and received at least seven days before the scheduled trial or hearing, unless the trial judge waives the written-motion requirement for good cause.
No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance, endorsed in writing by the party as well as counsel; however, the trial judge may waive this requirement upon a showing of good cause. Such motion shall be filed with the Clerk of Courts and received by the Court not later than seven (7) days before the date set for trial or hearing.
Page 27 | 17.0 PASSING AND DELAY OF CASES
A continuance may be granted only after a definite new trial or hearing date is set.
No continuance shall be granted without first setting a definite date for the trial or hearing.
Page 27 | 17.0 PASSING AND DELAY OF CASES
A continuance must be granted when a party, counsel, or subpoenaed witness is scheduled to appear on the same date at a specified Supreme Court disciplinary proceeding in one of the listed capacities.
A continuance shall be granted upon request when a party, counsel or witness under subpoena is scheduled to appear on the same date at a hearing before the Board of Commissioners on Grievances and Discipline of the Supreme Court as a member of the Board, as a party, as counsel for a party, or as a witness under subpoena for such hearing.
Page 27 | 17.0 PASSING AND DELAY OF CASES
Criminal-case continuances require a written motion approved by the assigned judge and reflected in the docket; the motion must be signed by counsel and, when requested by the defense, by the defendant.
(H) No continuances will be granted except by way of written motions approved by the assigned judge and reflected in the Court's docket. Requests for continuances shall be signed by the counsel and, if requested by the defense, signed by the defendant.
Page 44 | 23.0 CRIMINAL CASE MANAGEMENT — CONTINUANCES
All arraignment continuance motions must be written and may be granted by the arraignment room judge when good cause is shown.
All motions to continue an arraignment must be made in writing and may be granted by the arraignment room judge for good cause shown.
Page 1 | 30.0(B) Arraignment Continuances
A second or subsequent arraignment continuance motion must be submitted in writing to the administrative judge.
Any second or subsequent motions for arraignment continuance must be made in writing to the administrative judge.
Page 1 | 30.0(B) Arraignment Continuances
The court should not consider a conflicting-assignment continuance motion unless it includes the conflicting assignment and is filed at least 30 days before trial.
The court should not consider any motion under this Rule unless a copy of the conflicting assignment is attached to the motion and the motion is filed not less than thirty (30) days prior to the scheduled trial.
Page 1 | 17.0 PASSING AND DELAY OF CASES
A continuance must be granted upon request when a party, counsel, or subpoenaed witness is scheduled to appear on the same date at a Supreme Court Board of Commissioners on Grievances and Discipline hearing in one of the listed capacities.
(2) A continuance shall be granted upon request when a party, counsel or witness under subpoena is scheduled to appear on the same date at a hearing before the Board of Commissioners on Grievances and Discipline of the Supreme Court as a member of the Board, as a party, as counsel for a party, or as a witness under subpoena for such hearing.
Page 1 | 17.0 PASSING AND DELAY OF CASES
A continuance motion must be filed with the Clerk of Courts and received by the Court no later than seven days before the scheduled trial or hearing.
Such motion shall be filed with the Clerk of Courts and received by the Court not later than seven (7) days before the date set for trial or hearing.
Page 1 | 17.0 PASSING AND DELAY OF CASES
A continuance requires a written motion stating the reason and endorsed by both the party and counsel, although the trial judge may waive that requirement for good cause.
(1) Motion to Continue. No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance, endorsed in writing by the party as well as counsel; however, the trial judge may waive this requirement upon a showing of good cause.
Page 1 | 17.0 PASSING AND DELAY OF CASES
A continuance may not be granted unless the court first sets a definite date for the rescheduled trial or hearing.
No continuance shall be granted without first setting a definite date for the trial or hearing.
Page 1 | 17.0 PASSING AND DELAY OF CASES
Continuances are permitted only through written motions approved by the assigned judge and reflected in the docket; requests must be signed by counsel and, when requested by the defense, also signed by the defendant.
No continuances will be granted except by way of written motions approved by the assigned judge and reflected in the Court's docket. Requests for continuances shall be signed by the counsel and, if requested by the defense, signed by the defendant.
Page 1 | CONTINUANCES
An automatic trial-date continuance does not apply when a party obtains an extension of the briefing schedule that requires extending the ruling date, although the Court may continue the trial date in its discretion.
However, if either party moves for, and is granted, an extension of the briefing schedule which necessitates extending the Court’s ruling date then no automatic continuance of the trial date will be given because of the Court's inability to rule by the original ruling date. The court may nonetheless, in its discretion, on motion of any party or on its own motion, continue the trial date in such circumstances.
Page 2 | Part II: Motions for Summary Judgment
An agreed extension is eligible for liberal treatment only when requested before the deadline and when it will not require postponing the original trial date.
The Court shall liberally grant agreed-upon extensions of deadlines incorporated into the Case Management Order if the parties adhere to the following precepts: (1) the parties request the proposed extension in advance of the deadline; and (2) the proposed extension will not necessitate a continuance of the original trial date.
Page 3 | PART III: Motions to Continue
A party seeking an arbitration continuance may communicate with the panel or single arbitrator, but any request extending beyond the judge-ordered arbitration deadline requires a written motion to the assigned judge.
Parties may communicate with the panel or single arbitrator when requesting a continuance of the hearing. If a party requests a continuance beyond the arbitration deadline ordered by the judge, the party must file a written motion to the judge assigned to the case.
Page 2 | (D) Communications with Arbitrators
When no prior pleading extension exists, a party may obtain an extension by filing a stipulation approved by the party whose pleading is affected; the stipulation may extend the deadline for no more than 30 days, must state that no prior extension was granted, and does not require court approval.
When no prior extension to plead has been granted, parties may obtain an extension of time to answer, plead or otherwise move by filing a stipulation providing for an extension. (a) The stipulation must be approved by the party who filed the pleading to which the extension to plead applies. (b) This extension may not exceed 30 days. (c) The stipulation must affirmatively state that no prior extension has been granted. (d) The stipulation need not be approved by the court.
Page 2 | 8.0 PLEADINGS AND OTHER FILINGS — (D) Leave to Plead
A lawyer must cooperate when the opposing side requests postponement and rescheduling of a deposition unless the postponement would adversely affect the client’s rights.
If, after a deposition has been scheduled, a postponement is requested by the other side, cooperate in the rescheduling unless the requested postponement would be one of those rare instances that would adversely affect your client’s rights.
Page 2 | APPENDIX A — DEPOSITIONS
A continuance of a scheduled trial or hearing is discretionary and requires good cause.
The continuance of a schedule trial or hearing is a matter within the sound discretion of the trial Court for good cause shown.
Page 27 | 17.0 PASSING AND DELAY OF CASES
When counsel has conflicting trial assignments, the case set first retains priority, and criminal cases take priority over civil cases.
When a continuance of trial or hearing is requested for the reason that counsel of record is scheduled to appear in another case or assigned for trial on the same date in the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date assigned. Criminal cases assigned for trial have priority over civil cases assigned for trial.
Page 27 | 17.0 PASSING AND DELAY OF CASES
If a continuance motion is denied, the case proceeds on its originally scheduled date.
If the motion is not approved by the trial judge, the case shall proceed as originally scheduled.
Page 27 | 17.0 PASSING AND DELAY OF CASES
For a continuance requested because a witness is unavailable, the court must consider whether the testimony can be recorded under Civil Rule 30(B) and used under Civil Rule 32(A)(3).
When a continuance is requested due to unavailability of a witness at the time scheduled for trial or hearing, the Court shall consider the feasibility of recording that testimony permitted by Civil Rule 30(B), and authorized for use by Civil Rule 32(A)(3).
Page 27 | 17.0 PASSING AND DELAY OF CASES
Chambers Communication Rules
A request for the assigned judge to conduct the final pretrial in person must be made through the judicial staff attorney at least 24 hours in advance.
Therefore, if the attorneys believe it is absolutely necessary that the assigned judge conduct the final pre-trial in person, the parties are directed to contact the judicial staff attorney twenty-four (24) hours or more in advance to make such a request.
Page 4 | PART V: Final Pre-trials
The clerk’s help desk provides telephone support for E-Filing users from 8:30 a.m. to 4:30 p.m. on each business day.
The help desk will have dedicated staff available to provide telephone support from 8:30 a.m. to 4:30 p.m. each business day.
Page 7 | HELP DESK
E-Filing help-desk telephone support is available from 8:30 a.m. to 4:30 p.m. on each business day.
The help desk will have dedicated staff available to provide telephone support from 8:30 a.m. to 4:30 p.m. each business day.
Page 101 | 39.0 ELECTRONIC FILING OF COURT DOCUMENTS