Franklin County Court of Common Pleas Electronic Filing Rules

Applies to

Continuance motion

Electronic motions for continuance are not accepted.

We do not accept electronic motions for continuance.

The required proposed entry must be uploaded through the e-filing system.

Such proposed entry shall be prepared in Word and uploaded in the e-filing system.

Applies to

Continuance

Electronic motions for continuance are not accepted.

We do not accept electronic motions for continuance.

Applies to

Proposed entry

The proposed entry must be prepared in Word and uploaded through the e-filing system.

Such proposed entry shall be prepared in Word and uploaded in the e-filing system.

Parties must serve Civ. R. 33 interrogatories, Civ. R. 34 production or inspection requests, and Civ. R. 36 admission requests under those rules, but must not file them with the Court.

Interrogatories under Civ. R. 33, requests for production or inspection under Civ. R. 34, and requests for admissions under Civ. R. 36 shall be served upon other counsel or parties in accordance with those rules but shall not be filed with the Court.

Applies to

Motion for continuance

Electronic motions for continuance are not accepted in criminal cases.

We do not accept electronic motions for continuance.

Applies to

Proposed entry

The proposed entry must be uploaded through the court’s e-filing system.

Such proposed entry shall be prepared in Word and uploaded in the e-filing system.

Electronic filing became mandatory for all foreclosure case types on October 5, 2011.

On October 5, 2011, the Franklin County Clerk of Courts and the Franklin County Common Pleas Court began mandatory e-Filing for all foreclosure case types.

Applies to

Civil document

Electronic filing is mandatory for the listed remaining civil case types, subject to the listed exclusions and exceptions.

The Franklin County Common Pleas Court then implemented mandatory e-Filing for the following remaining civil case types as outlined below:

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

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

Case types designated as mandatory e-file types by a supplemental administrative order or local rule must be filed electronically after that order or rule's effective date.

Case types so designated shall be filed electronically after the effective date of such supplemental order or local rule.

All pleadings, motions, briefs, memoranda, transcripts, orders, and other documents in designated mandatory e-file civil case types must be filed electronically through the e-filing system.

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

Except for the listed exceptions, the clerk may not accept or file paper-format documents in mandatory e-file civil case types.

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

Parties and non-party filers must register for the court e-filing system before e-filing, and filers without internet access may use the clerk’s public computer stations.

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

Every person filing a document in a mandatory e-File case type must be registered in the e-Filing System.

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

An unregistered filer presenting paper documents in person must register at a Clerk’s Office computer station.

If a pro se party, an attorney representing a party, or any other person/filer presents a document in person to the Clerk’s office for filing in hard- copy/paper format, and that person/filer is not a registered user of the e-Filing System, the filer shall be directed to a computer station in the Clerk’s office for registration purposes.

Documents submitted by an in-person filer must be submitted through the e-Filing System after registration.

Once the filer is a registered user of the e-Filing System, his/her document(s) will be submitted through the e-Filing System.

Applies to

Court document

Facsimile filing by an attorney is not accepted in a mandatory e-File case type.

If the Court or Clerk receives, via facsimile, documents to be filed from a licensed attorney, a fax will be sent back to the attorney informing him/her that facsimile filing in the applicable mandatory e-File case type(s) will no longer be accepted.

Applies to

Subsequent filing

All filings after initiation of a mandatory e-File appeal must be filed electronically.

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

Applies to

Court document

After payment of required deposits or fees, the Clerk must electronically file the pro se party’s documents and list that party as filer.

Provided that the required deposit and /or filing fees have been paid, the Clerk will then e-File the same through the e-Filing System, listing the pro se party as the filer.

Applies to

Court document

A represented party must promptly authorize counsel to electronically file, serve, receive, review, and retrieve case documents.

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

An in-person pro se filer must register using a secured public-access computer station provided by the Clerk.

The Clerk shall first provide and direct the pro se party to a secured public access computer station, from which the pro se litigant (and any other litigant or filer) will be permitted to register to use the e-Filing System.

The Court must electronically issue, file, and serve Court-created notices, decisions, orders, and other documents in e-File cases.

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

Applies to

In camera document

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

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

Applies to

Notice of appeal

Before August 1, 2012, notices of appeal were required to be filed in paper form with the Franklin County Clerk of Courts under App.R. 3.

Therefore, in light of Louden v. A.O. Smith Corporation, 121 Ohio St.3d 95, 2009-Ohio-319, 902 N.E.2d 458, and until August 1, 2012, notices of appeal must be filed in paper form with the Franklin County Clerk of Courts pursuant to App.R. 3.

Applies to

Record of proceeding

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

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

A person declared a vexatious litigator may not file documents electronically.

Individuals who have been declared vexatious litigators pursuant to R.C. §2323.52 will not be permitted to file documents electronically.

The e-Filing System will not provide system credentials to a declared vexatious litigant.

The e-Filing System will not provide an individual who has been declared a vexatious litigator with a username and password to access the system.

A vexatious litigator may file only in paper and must first obtain permission from the assigned judge.

A vexatious litigator may only file in paper format, provided he/she has first obtained permission from the assigned Judge to file in that case.

A filer subject to court-ordered computer or internet restrictions may not e-file and may file only conventionally in paper.

In the event a filer has court ordered restrictions preventing him/her from being able to use or access a computer and/or the internet (ex: person found guilty of a sexually oriented offense with court-imposed computer restrictions), that filer will not be able to e-file but may only file conventionally, in paper format.

Applies to

Deposition transcript

Deposition transcripts reasonably believed to be needed as evidence must be filed electronically.

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

Applies to

Non party document or form

A non-party recipient must complete the requested act, make the appropriate notations, and scan and electronically upload the document back to the court or clerk.

It is that entity’s responsibility to carry out the requested act, make the appropriate notations on the document/form, and then scan-in and upload the same for electronic filing back to the Court/Clerk.

Applies to

Summons

A plaintiff filing a restitution-of-property forcible-entry-and-detainer complaint must complete and electronically file the Chapter 1923 summons for service.

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

Applies to

Proposed cognovit judgment entry and cognovit note

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

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

Applies to

Motion to consolidate

A motion to consolidate must be filed in every case that will be consolidated.

Pursuant to our Local Rules, motions to consolidate must be filed in all cases that are to be consolidated.

Applies to

Motion to consolidate

A filer must electronically file the consolidation motion in every case in which the filer is a party and attach a note asking the clerk to file it in the remaining cases.

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

Applies to

Proposed consolidation order

Every proposed consolidation order must be submitted electronically.

All proposed consolidation orders shall be submitted electronically.

Applies to

Motion or filing

Every motion or filing made after consolidation must be filed in all consolidated cases.

All motions/filings subsequent to a consolidation must be filed in all cases that have been consolidated.

An attorney or other filer must first be added to the e-Filing System as a non-party filer before filing a motion to intervene.

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

Format

PDF

When a filer-end problem prevents electronic filing, the filer must submit a PDF through the Clerk’s public-access computer stations.

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

When a filer’s own technical problems prevent electronic submission, the filer must use the Clerk’s public access computer stations.

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

Applies to

Notice

The Franklin County Prosecutor's Office must electronically file the Realauction.com invoice using the Notice document type.

The Franklin County Prosecutor's Office will pay any fees applicable to it directly to Realauction.com and will e-File a copy of the invoice using document type Notice.

All continuance or case-schedule amendment requests must be made by written motion and e-filed with the Clerk of Courts.

All requests for a continuance or amendment to the case schedule shall be made by written motion e-filed with the Clerk of Courts.

Applies to

Media permission form

Media outlets may submit a media permission form through e-Filing, subject to the Judge’s review and approval before media technology is placed in the courtroom.

Media outlets may submit a media permission form through e-Filing in which the Judge will review and approve prior to media technology being placed in the courtroom.

Applies to

Proposed entry

A proposed entry for an agreed or unopposed motion must be uploaded through e-filing in Microsoft Word format.

Agreed/unopposed motions should be accompanied by a proposed entry uploaded in Microsoft Word format through e-filing.

Applies to

Proposed entry

The proposed entry accompanying an agreed or unopposed motion should be uploaded through e-filing in Microsoft Word format.

Agreed/unopposed motions should be accompanied by a proposed entry uploaded in Microsoft Word format through e-filing.

Applies to

Media permission form

A media outlet may submit its media permission form through e-filing, but the Judge must review and approve it before media technology enters the courtroom.

Media outlets may submit a media permission form through e-filing which the Judge will review and approve prior to media technology being placed in the courtroom.

Criminal continuance motions may be filed electronically, but all parties must execute the continuance entry in paper form.

In criminal cases, motions for a continuance may be filed electronically; however, entries for continuance must be executed by all parties in paper form.

Applies to

Motion for continuance

Criminal continuance motions may be filed electronically, but continuance entries must be executed by all parties in paper form.

In criminal cases, motions for a continuance may be filed electronically; however, entries for continuance must be executed by all parties in paper form.

Applies to

Proposed order

Whenever possible and reasonable, the proposed entry accompanying a motion must be filed electronically.

Whenever possible and reasonable, parties shall e-file a proposed entry with motions.

The Clerk may assist with registration but will not be designated as the filer for documents submitted in person.

The Clerk shall provide assistance to the filer during the registration process, if needed, but the Clerk shall not be designated as a filer of any of these documents.

Applies to

Court document

Mailed documents from attorneys are returned with electronic-filing registration and submission instructions.

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

Applies to

Registration and submission instructions

The fax returned for an attorney’s facsimile filing must include registration and electronic-submission instructions.

Instructions on how to register as a user of the e-Filing System and how to submit the documents electronically will also be provided in that fax.

Applies to

Notice of appeal

The Clerk may process a notice of appeal to initiate an appeal after Clerk review and payment of required deposits or fees.

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

The Clerk’s office must first register the party as an e-Filing System user and note that the party will not receive electronic notification.

The Clerk’s office will first register the party as a user in the e-Filing System, noting that this party will not receive electronic notification.

Applies to

Court document

A pro se litigant may electronically file the scanned PDF version through the e-Filing System.

The pro se litigant can then e-File his/her documents, now scanned in and saved in a PDF format, through the e-Filing System.

Applies to

Proposed order

Proposed orders and entries are transmitted electronically to the assigned judge or magistrate, except entries withdrawing properties from a sheriff’s sale, which go to the duty judge.

Proposed orders/entries will be transmitted by the e-Filing System to the assigned Judge or Magistrate, with the exception of entries withdrawing properties from a Sheriff’s Sale, which shall be forwarded to the Duty Judge.

Applies to

Exhibit

Exhibits and other items should be submitted electronically when practicable, but items incapable of electronic capture or storage may be filed and served conventionally.

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

Applies to

Notice of appeal

After August 1, 2012, notices of appeal may be filed electronically or in paper form.

After August 1, 2012, notices of appeal may be either e-Filed or filed in paper form.

A vision-impaired filer may petition the court for leave to file in paper format.

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

Applies to

Exemption motion

A motion seeking exemption from mandatory e-filing may itself be filed in paper format.

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

For an in-person filing accompanied by an affidavit of indigence, the Clerk directs the indigent party to a public access computer station to register for e-filing.

When an indigent party presents to the Clerk, in person, documents to be filed, and those documents are accompanied by an affidavit of indigence, the Clerk will direct said party to a public access computer station to register as a user of the e-Filing System.

For an in-person indigent filing, the Clerk scans and uploads the documents in PDF, after which the indigent party e-files the documents and affidavit of indigence.

The Clerk will scan in and upload in PDF format the documents to be e-Filed. The indigent party will then e-File his/her documents, including the affidavit of indigence.

When an indigent party mails documents with an affidavit of indigence, the Clerk registers the party, scans the documents in PDF, and e-files them on the party’s behalf.

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

Electronic filing or receipt of electronic service makes a party a participant in the e-Filing System.

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

The Clerk must note when a pro se litigant will not receive electronic notification because no email address was provided.

If the pro se litigant has not provided an e-mail address for himself/herself, the Clerk will note in the e-Filing System that the pro se party will not receive electronic notification.

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

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

Applies to

Vexatious litigant filing

The clerk accepts paper filings submitted by vexatious litigants as needed.

The Clerk’s office will accept the filings from the vexatious litigators in paper format, as needed.

Applies to

Restricted computer filer filing

The clerk accepts paper filings from a filer subject to qualifying court-ordered computer or internet restrictions.

The Clerk’s office will accept the filings from such a filer in paper format.