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

Applies to

Entry of appearance

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.

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.

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.

Applies to

Criminal discovery documents

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.

Applies to

E filing

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.

Applies to

Motion to seal

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.

Applies to

Filing

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.

Applies to

Entry of appearance

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.

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.

Applies to

Criminal discovery document

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.

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.

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.

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.

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.

Applies to

Motion to seal

A motion to seal documents must be filed and served electronically.

A motion to file documents under seal must be filed and served electronically.

Applies to

Notice of documents submitted for in camera review

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.

Applies to

Indictment or criminal complaint

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.

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.

Applies to

Proposed order

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.

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.

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.

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.

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.

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.

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

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.

Applies to

Proposed order or agreed judgment entry

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.

A properly filed revision supersedes and withdraws the original, which the court will not consider.

The revised document properly filed under this rule will supersede the original and the original will be considered withdrawn. The court will not consider the original.

Self-represented filers may use the court's E-Filing system but are not required to do so.

Self-represented filers may, but are not required to, utilize the E-Filing system.

The e-filing system issues a confirmation when it receives a submitted document.

(2) Upon receipt of document submitted for E-Filing, the E-Filing system will issue a confirmation that the submission has been received.

Applies to

Indictment or criminal complaint

Indictments and criminal complaints may be filed through the Justice Matters portal without also using E-Filing.

(c) 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.

Electronic filings may be submitted to the clerk 24 hours a day, seven days a week.

Documents may be submitted to the clerk for E-Filing twenty four hours a day, seven days a week.

An E-filer may file a revised document before any party responds to the original filing.

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.

Applies to

Exhibits

Exhibits and 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.