Lake County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Trial Documents, Trial Exhibits
- At Least 2 Working Days Before Trial
Adjournments
- A trial-continuance motion must include a proposed order leaving blank space for the court to insert the next appropriate court date.
- A party seeking a trial date continuance must file a written motion signed by the client, with supporting affidavits or other appropriate documentation.
- A trial continuance requires a written motion signed by the client and supported by affidavits or other appropriate documentation.
- +11 more
Request must include
Page & Word Limits4 rules
For all parties, the body or text of any document filed after the pleadings is limited to ten pages.
the parties, without exception, are to abide by Lake Co.C.P.R. 3.01(A), specifically limiting to ten pages the length of the body or text of any document filed after the pleadings.
Post Pleading Document
10 pages
The body or text of any document filed after the pleadings is limited to ten pages.
The parties, without exception, are to abide by Lake Co.C.P.R. 3.01(A), specifically limiting to ten pages the length of the body or text of any document filed after the pleadings.
Document After Pleadings
10 pages
Objections, opposition briefs, and reply briefs are each limited to 10 pages unless the court grants prior leave.
(4) Objections, briefs in opposition, and reply briefs shall not exceed ten (10) pages in length without prior leave of court.
Objection
10 pages
Opposition
10 pages
Reply Brief
10 pages
The body or text of a document generally may not exceed ten pages without leave of court, but complaints, counterclaims, cross-claims, and third-party complaints are excepted.
The body or text of any document, except complaints, counterclaims, cross-claims, and third party complaints, shall not exceed ten pages in length without leave of court.
Document Except Complaints Counterclaims Cross Claims And Third Party Complaints
10 pages
Document Format Requirements20 rules
Plaintiff exhibits must be marked with numbers, while defendant exhibits must be marked with letters.
The plaintiff shall mark exhibits using numbers and the defendant shall mark exhibits using letters.
All trial documents and exhibits must be marked for identification and accompanied by an index.
All documents and exhibits shall be marked for identification purposes, along with an index
Document text must use a noncondensed 12-point type style, such as Times New Roman, with no more than 80 characters per line.
Text shall be typed using a 12 point noncondensed type style such as Times New Roman or any type style that has no more than 80 characters to a line of text.
Pleadings, motions, and documents must have one-inch margins and 1.5 line spacing, although footnotes and quotations may be single-spaced.
All pleadings, motions, and documents shall be formatted with 1” margins on all sides, and 1.5 line spacing, except footnotes and quotations, which may be single spaced.
Pleadings and motions must be legibly typewritten on white 8½-by-11-inch paper and bound or stapled at the top or upper-left corner, subject to Civil Rule 5(D).
All pleadings and motions shall be legibly typewritten on white paper, 8½” x 11”, bound or stapled at the top or left upper corner and filed in accordance with the provisions and exceptions set forth in Civil Rule 5(D).
Paper
Electronically filed documents, pleadings, and papers must be submitted to the clerk in PDF, except proposed orders.
All electronically filed documents, pleadings, and papers shall be filed with the clerk in portable document format (PDF) with the exception of proposed orders.
Filers must leave a top-left area at least 2.5 inches wide and 0.75 inches high on every page for date and time stamps.
Filers must leave a marginal location at the top left of each page for date and time stamps. This blank space must be no less that 2-1/2 inches wide and 3/4 inch high.
Electronically filed pleadings must follow applicable paper-pleading formats to the extent practicable, may be subject to additional court-required formats, cannot be scanned images, must use searchable PDF, and cannot contain external links or unincorporated internal-system references.
All electronically filed pleadings shall, to the extent practicable, be formatted in accordance with the applicable rules governing formatting of paper pleadings, and in any other format as the court may require from time to time. A filed pleading shall not be filed as a scanned image document. Such pleadings shall be filed in a PDF format that permits word searches. A filed document shall not contain links to other documents or references in the court’s case management system, unless they are incorporated into the filed document. External links are prohibited.
Proposed orders must be submitted in a supported word-processing format and identify the specific motion to which they apply.
Proposed orders must be submitted in Word [.doc or .docx] or WordPerfect [.wpd] and reference the specific motion to which it applies.
DOCX
Documents bearing third-party signatures, including unopposed motions, affidavits, and stipulations, may be filed electronically only as scanned images.
(c) THIRD-PARTY SIGNATURES. Documents containing signatures of third-parties (i.e., unopposed motions, affidavits, stipulations, etc.) shall be electronically filed only as a scanned image.
Each electronically filed document is limited to 10MB, and a single transmission of combined PDF files may not exceed 30MB.
(4) SIZE OF FILING. Documents shall be limited to ten megabytes (10MB) in size. No combination of PDF files in one transmission may accumulate to more than thirty megabytes (30MB) in size.
Electronically filed documents must have a resolution of at least 300 DPI.
(5) RESOLUTION OF FILING. Documents shall be submitted in a resolution not less than 300 dots per inch (DPI).
When multiple plaintiffs or multiple defendants intend to present exhibits, the party’s abbreviated name or initials should precede each exhibit number or letter.
If more than one party plaintiff or defendant intends to proffer exhibits, the exhibit numbers or letters should be preceded by the party's name, in abbreviated form or initials.
Plaintiffs must number their trial exhibits, while defendants must letter their trial exhibits.
The plaintiff shall mark exhibits using numbers and the defendant shall mark exhibits using letters.
When multiple plaintiffs or defendants offer exhibits, each exhibit number or letter should be preceded by that party's abbreviated name or initials.
If more than one party plaintiff or defendant intends to proffer exhibits, the exhibit numbers or letters should be preceded by the party’s name, in abbreviated form or initials.
Pleadings, motions, and documents may not attach nonessential exhibits or appendages, and extraneous material may be stricken.
Pursuant to Lake Co.C.P.R. 3.04(C), pleadings, motions, and documents shall not have attached exhibits or appendages which are not absolutely necessary. Extraneous material will be stricken from the file.
The e-filing portal must warn filers that removing document metadata is their responsibility and that remaining metadata may become part of the public record.
(3) The following warning shall be posted on the court’s e-filing portal: “WARNING: Removal of document metadata is the responsibility of the filer. Any document metadata remaining may become part of the public record.”
Transcripts must use 8.5-by-11-inch pages, 25 numbered lines per page, specified margins, a 10-characters-per-inch or 12-point Courier typeface, and volumes of no more than 250 approximately equal pages.
(F) All transcripts shall conform to the following specifications: be on an 8.5 x 11 inch page; 25 numbered lines per page excluding a line devoted to the title and page number; with indentations of 1-3/4 inches from the left-hand edge of the page and the right-hand margin 3/4 inch from the right-hand edge; with 10-type characters per inch, or 12 point courier font; bound in volumes of up to 250 pages of approximately equal size.
A judge or judicial officer may electronically sign a document using a digitized image of the signature.
(d) JUDGE/JUDICIAL OFFICER SIGNATURE. Electronic documents may be signed by a judge or judicial officer via a digitized image of his or her signature.
Judges and judicial staff should remove metadata from orders, judgment entries, and other filings when the judge deems it advisable.
(5) Judges and judicial staff should remove metadata from any orders, judgment entries, or other filings where the judge deems it advisable to remove all prior versions of or any other information about that document.
Document Filing Requirements114 rules
A motion for default judgment must include evidence establishing default or liability and damages.
Motions for default judgment will not be granted without supporting evidence as to default or liability and as to damages.
Document Type
Default Judgment Motion
A motion for distribution must include sufficient evidence establishing the remaining balance of the movant’s protected interest.
The motion shall be supported by sufficient evidence to establish the remaining balance of said protected interest.
Document Type
Distribution Motion
If the plaintiff enters a forbearance agreement with the debtor-defendants, the parties must file a joint motion to stay further proceedings.
If the plaintiff enters into a forbearance agreement with the debtor-defendants, then the plaintiff and the debtor-defendant(s) shall file a joint motion to stay further proceedings.
Document Type
Joint Stay Motion
A party seeking affirmative relief must complete every applicable checklist item for the court to entertain a motion for default judgment or summary judgment.
No motion for default judgment or summary judgment for the party seeking affirmative relief will be entertained by the court unless the movant fulfills all of the items set forth on the relevant portion of the checklist of compliance that is attached to this order.
Document Type
Default Judgment Or Summary Judgment Motion
All trial documents and exhibits must be identified, indexed, and shared with opposing counsel at least two working days before trial.
All documents and exhibits shall be marked for identification purposes, along with an index, and shared with opposing counsel at least two working days prior to trial
Document Type
Trial Exhibits
A proposed confirmation entry must accompany the motion to confirm sale when filed.
A proposed confirmation entry must be submitted simultaneously with the filing of the motion to confirm sale.
Document Type
Confirmation Entry
Upon a federal bankruptcy filing, counsel must file notice with the common pleas clerk identifying the bankruptcy case number and filing date.
Upon a party filing a petition for bankruptcy in the federal court, counsel is to file with the clerk of the court of common pleas a notice of said filing indicating the bankruptcy case number and the date of filing.
Document Type
Notice Of Bankruptcy Filing
A proposed judgment entry granting a decree of foreclosure must be sent to the court.
A proposed judgment entry granting a decree of foreclosure has been sent to the court.
Document Type
Proposed Judgment Entry
Every person listed on the PJR must be added as a party.
All persons listed on the PJR have been added as a party and have been properly served with service of process.
Document Type
Dispositive Motion
The FJR must have an effective date later than the date the last necessary party was served.
The FJR has an effective date more recent than the date on which the last necessary party was served with process.
Document Type
Final Judicial Report
The FJR must begin from the PJR's effective date.
The FJR begins from the effective date of the PJR.
Document Type
Final Judicial Report
If the PJR did not identify the plaintiff as the real party in interest, the FJR must do so.
The FJR lists the plaintiff as the real party in interest if the PJR did not.
Document Type
Final Judicial Report
A Final Judicial Report must be filed in conjunction with the party’s dispositive motion.
A Final Judicial Report (FJR) has been filed.
Document Type
Final Judicial Report
The proposed judgment entry must award damages matching the damages established in the affidavit of damages.
The entry finds an amount of damages that matches the damages established in the above-mentioned affidavit of damages.
Document Type
Proposed Judgment Entry
The PJR must identify the complete and correct property being foreclosed.
The PJR covers the complete and correct property being foreclosed.
Document Type
Preliminary Judicial Report
The FJR must identify the complete and correct property being foreclosed.
The FJR covers the complete and correct property being foreclosed.
Document Type
Final Judicial Report
The PJR must identify the plaintiff as the real party in interest and show any complete chain of assignments.
The PJR lists the plaintiff as the real party in interest by showing a complete chain of assignments, if any.
Document Type
Preliminary Judicial Report
The PJR must have an effective date within the 30 days before the complaint was filed.
The PJR has an effective date current within 30 days prior to the filing of the complaint.
Document Type
Preliminary Judicial Report
A dispositive motion must be supported by an affidavit of damages stating the principal balance, default date, and applicable interest rate.
In support of any dispositive motion, an affidavit of damages has been filed establishing: (1) the principal balanced owed; (2) the date of default on the note; and (3) and the applicable interest rate.
Document Type
Dispositive Motion
A debt pleading involving a promissory note must attach the note, an affidavit describing the material terms of a lost note, or a signed statement identifying when the note or lost-note affidavit will be filed.
If the debt involves a promissory note, the complaint, counterclaim, or cross-claim has attached to it: (1) a legible copy of the promissory note, or (2) an affidavit of lost note that establishes the material terms of the unavailable note, or (3) a signed statement indicating when a copy of the note or the affidavit of lost note will be filed.
Document Type
Complaint Counterclaim Or Cross Claim
The proposed foreclosure judgment entry must account for every remaining party in the case.
The entry accounts for all of the remaining parties in the case.
Document Type
Proposed Judgment Entry
A motion for confirmation of sale must be filed together with a proposed entry confirming the sale.
☐ A motion for confirmation of sale has been filed, together with a proposed entry confirming the sale:
Document Type
Motion For Confirmation Of Sale
The motion must provide the charges to be sealed, dismissal or not-guilty dates, current address, telephone number, email address, last four digits of the applicant's SSN, and date of birth.
Defendant hereby provides the following information: 1) Charge(s) to be sealed: ____________________________________________________________ 2) Date(s) of dismissal/not guilty: ____________________________________________________________ 3) Current Address of Applicant: ____________________________________________________________ 4) Applicant’s Telephone:_____________Applicant’s E-mail:________________ 5) Applicant’s Last 4 digits of SSN: _____________ D.O.B. __________________
Document Type
Motion For Expungement Sealing
The motion must state that the applicant is an eligible offender with no pending criminal proceedings, is rehabilitated, has satisfied the statutory waiting period, and that the applicant's interests in sealing the records outweigh legitimate governmental needs to maintain them.
Defendant states that he/she is an eligible offender and has no criminal proceedings pending; is rehabilitated; that the applicable amount of time, pursuant to Ohio Revised Code §2953.33, has passed since his/her final discharge; and, that the interests of defendant in having the records pertaining to this conviction, dismissal and/or finding of not guilty are not outweighed by any legitimate governmental needs to maintain those records.
Document Type
Motion For Expungement Sealing
Each applicant seeking appointment must submit a separate application and judgment entry.
(3) A separate application and judgment entry shall be required for each person seeking appointment as a "Standing Special Process Server."
Document Type
Standing Special Process Server Application And Judgment Entry
The application must be supported by an affidavit stating that the applicant meets the eight specified eligibility requirements.
(1) The application shall be supported by the following information in affidavit form: - (a) Not less than eighteen years of age; - (b) Not a party to the proceeding, related to a party to the proceeding, or having a financial interest in the outcome of the proceeding; - (c) A United States citizen or a legal resident of the United States; - (d) Hold a valid government-issued identification card, passport, or driver's license; - (e) Not convicted in the last ten years of any felony, offense of violence, or offense involving dishonesty or false statement, and not currently under community control sanctions, probation, post-release control, or parole; - (f) Not currently a respondent under any civil protection order; - (g) Familiar with the required procedure for service of process; - (h) Will conduct themselves in a professional manner.
Document Type
Standing Special Process Server Application
The applicant must submit a proposed judgment entry with the specified caption and appointment language to a judge.
(2) The applicant shall submit a judgment entry to a judge captioned "In re: Appointment of ____ [insert name] ____ As Standing Special Process Server" and stating, "It appearing to the court that ____ [applicant's name] ____ has complied with the provisions of Lake Co.C.P.R. 3.02(B), the court hereby appoints ____ [applicant's name] ____ as a Standing Special Process Server authorized to make service of process in all civil cases filed in the general division of this court for a period of one year after this judgment entry is signed and filed."
Document Type
Standing Special Process Server Judgment Entry
Every motion or request for relief must include a proposed judgment entry, and failure to submit one may result in denial.
All motions or requests for relief must be accompanied by a proposed judgment entry. A failure to submit a proposed entry may result in the court’s denial of the matter submitted.
Document Type
Motion Or Request For Relief
A motion for default judgment cannot be granted without supporting evidence establishing default or liability and damages.
Motions for default judgment will not be granted without supporting evidence as to default or liability and as to damages.
Document Type
Default Judgment Motion
A party seeking affirmative relief must satisfy every item on the applicable checklist of compliance before the court will entertain its motion for default judgment or summary judgment.
No motion for default judgment or summary judgment for the party seeking affirmative relief will be entertained by the court unless the movant fulfills all of the items set forth on the relevant portion of the checklist of compliance that is attached to this order. (In addition, a copy of the checklist of compliance can be downloaded from the court’s website.) The checklist of compliance is incorporated into this order by reference.
Document Type
Default Judgment Or Summary Judgment Motion
If the plaintiff enters a forbearance agreement with the debtor-defendants, they must jointly file a motion to stay further proceedings.
If the plaintiff enters into a forbearance agreement with the debtor-defendants, then the plaintiff and the debtor-defendant(s) shall file a joint motion to stay further proceedings.
Document Type
Joint Motion To Stay
A proposed judgment entry must be signed by or circulated to every party who is not in default.
Proposed judgment entries shall be signed by, or circulated to, all parties not in default.
Document Type
Proposed Judgment Entry
A proposed confirmation entry must accompany a motion to confirm sale when the motion is filed.
A proposed confirmation entry must be submitted simultaneously with the filing of the motion to confirm sale.
Document Type
Confirmation Of Sale Motion
A continuance motion must include an order reserving a blank space for the court to insert the next appropriate court date.
The motion must be accompanied by an order with a blank space for the court to insert the next appropriate court date.
Document Type
Continuance Motion
Trial documents and exhibits must include an index.
All documents and exhibits shall be marked for identification purposes, along with an index
Document Type
Trial Documents And Exhibits
A distribution motion must include sufficient evidence of the protected interest's remaining balance, and failure to file the timely motion waives protected status.
The motion shall be supported by sufficient evidence to establish the remaining balance of said protected interest. A failure to take such action will result in the protected status of the interest being waived.
Document Type
Distribution Motion
A settlement judgment entry should dispose of every claim, cross-claim, counterclaim, and third-party complaint.
The judgment entry of settlement is to be submitted to the court by the scheduled trial date and should dispose of all claims, cross claims, counterclaims, and third-party complaints.
Document Type
Judgment Entry Of Settlement
After a federal bankruptcy petition is filed, counsel must file with the common pleas clerk a notice stating the bankruptcy case number and filing date.
Upon a party filing a petition for bankruptcy in the federal court, counsel is to file with the clerk of the court of common pleas a notice of said filing indicating the bankruptcy case number and the date of filing.
Document Type
Notice Of Bankruptcy Filing
The Final Judicial Report must begin from the Preliminary Judicial Report's effective date.
The FJR begins from the effective date of the PJR.
Document Type
Final Judicial Report
Every person listed on the Preliminary Judicial Report must be added as a party and properly served with process.
All persons listed on the PJR have been added as a party and have been properly served with service of process.
Document Type
Case Pleading
A debt involving a promissory note requires the pleading to attach the note, an affidavit of lost note establishing its material terms, or a signed statement identifying when one of those documents will be filed.
If the debt involves a promissory note, the complaint, counterclaim, or cross-claim has attached to it: (1) a legible copy of the promissory note, or (2) an affidavit of lost note that establishes the material terms of the unavailable note, or (3) a signed statement indicating when a copy of the note or the affidavit of lost note will be filed.
Document Type
Complaint Counterclaim Or Cross Claim
The proposed foreclosure judgment entry must award damages matching those established by the affidavit of damages.
The entry finds an amount of damages that matches the damages established in the above-mentioned affidavit of damages.
Document Type
Proposed Order
The Preliminary Judicial Report must cover the complete and correct property being foreclosed.
The PJR covers the complete and correct property being foreclosed.
Document Type
Preliminary Judicial Report
A Final Judicial Report must be filed.
A Final Judicial Report (FJR) has been filed.
Document Type
Final Judicial Report
A dispositive motion must be supported by a filed affidavit of damages establishing the principal balance, default date, and applicable interest rate.
In support of any dispositive motion, an affidavit of damages has been filed establishing: (1) the principal balanced owed; (2) the date of default on the note; and (3) and the applicable interest rate.
Document Type
Affidavit Of Damages
If the Preliminary Judicial Report did not identify the plaintiff as the real party in interest, the Final Judicial Report must do so.
The FJR lists the plaintiff as the real party in interest if the PJR did not.
Document Type
Final Judicial Report
Filing & Service rules
Electronic Filing Rules
If the settlement entry cannot be provided by the trial date, the parties must fax settlement confirmation to the court and provide the entry as soon as practicable but no later than fourteen days later.
If the entry cannot be provided by the scheduled trial date, the parties shall fax confirmation of the settlement to the court, and provide the entry as soon as practicable, but within fourteen days.
Page 4 | SETTLEMENT
Filings designated as prohibited eFile case types may not be filed electronically and must be submitted in paper by U.S. Mail or at the clerk’s counter.
These are case types and filings that may not be filed electronically and shall be presented in paper form via traditional means via U.S. Mail or at the clerk’s counter.
Page 32 | III. Pleadings and Motions
Filings designated as mandatory eFile case types must be submitted through the eFiling system.
These are case types and filings that shall be submitted via the eFiling system.
Page 32 | III. Pleadings and Motions
When a case type becomes designated for e-filing, represented parties must promptly enable counsel to electronically file, serve, receive, review, and retrieve case documents.
Upon the designation of any particular case type as an eFile case or filing, the parties to that case who are represented by counsel shall promptly take steps to allow their counsel to file, serve, receive, review, and retrieve copies of their pleadings, notices, orders, and other documents filed in the case electronically.
Page 33 | D. DESIGNATION OF ELECTRONIC FILING CASES
The clerk will not accept paper filings from represented litigants in mandatory eFile case types.
The clerk shall not accept or file any document in paper form in mandatory eFile case types from litigants represented by counsel.
Page 33 | Clerk of Courts
The designated representative’s confidential electronic identifier must be used for all listed electronic filing, service, receipt, review, and retrieval functions in the case.
The court’s electronic filing system shall assign the party’s designated representative(s) a confidential and unique electronic identifier that must be used to file, serve, receive, review, and retrieve electronically filed pleadings, orders, and other documents filed in the assigned case.
Page 33 | E. CONFIDENTIAL AND UNIQUE ELECTRONIC IDENTIFIER
A party that electronically files or receives electronic service must participate in the court’s electronic filing system.
By definition, parties filing electronically or receiving electronic service of any documents filed must become participants in the court’s electronic filing system.
Page 33 | D. DESIGNATION OF ELECTRONIC FILING CASES
In designated eFile case types, the listed documents must be filed electronically through the court’s electronic filing system.
All pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders, or other documents submitted in designated eFile case types shall be filed electronically through the court’s electronic filing system.
Page 33 | Clerk of Courts
Paper filings are prohibited in mandatory designated eFile case types, and represented parties must register to use the court’s electronic filing system.
For designated eFile case types as mandatory, the court shall not accept or file any pleadings or instrument in paper form. Parties represented by counsel shall eFile a document by registering to use the court’s electronic filing system.
Page 33 | D. DESIGNATION OF ELECTRONIC FILING CASES
Pro se parties must conventionally file and serve in paper unless the court permits electronic filing after the party petitions.
All filings by parties appearing pro se shall be filed and served conventionally in paper form, unless the party petitions the court, and the court allows the party, to file and serve electronically, in which case the party may do so through the court’s electronic filing system.
Page 34 | F. PRO SE LITIGANTS
Parties must electronically file the enumerated documents in case types designated for electronic filing.
For case types designated for electronic filing, parties shall file all pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, notices, orders, or other documents electronically through the court’s electronic filing system.
Page 34 | G. OFFICIAL COURT RECORD
A motion to file documents under seal must be filed and served electronically, while the documents proposed for sealing must be handled under section 2.06.
(b) DOCUMENTS FILED UNDER SEAL. A motion to file documents under seal shall be filed and served electronically. However, the documents to be filed under seal shall be filed in accordance with section 2.06 of these rules.
Page 39 | (M)(1)(b) DOCUMENTS FILED UNDER SEAL
A document that requires a filing security deposit or fee for valid filing must be filed and paid electronically through the same process used for other eFile documents.
(2) Any document requiring payment of a filing security deposit or a fee to the clerk of courts in order to achieve valid filing status shall be filed and paid electronically in the same manner as any other eFile document.
Page 40 | (N)(2) COLLECTION OF FILING DEPOSIT AND FEES
CQE petitions must be completed electronically through the ODRC website on the prescribed form, and paper petitions will not be accepted.
All petitions for a certificate of qualification for employment shall be completed electronically online, through the ODRC website, on the form prescribed by the division of parole and community services. The court will not accept the paper filing of a petition for CQE.
Page 77 | XIV. CERTIFICATION OF QUALIFICATION FOR EMPLOYMENT
Electronically filed documents remain subject to civil, criminal, appellate, local, and court-order rules unless modified by approved stipulation or court order.
Unless otherwise modified by approved stipulation or court order, all rules of civil, criminal, and appellate procedure, local rules, and orders of the court shall continue to apply to all documents electronically filed.
Page 33 | APPLICATION OF RULES AND ORDERS
The clerk must scan a pro se litigant’s paper document and return the paper copy.
The clerk of courts shall scan the paper document and return the paper copy to the pro se litigant.
Page 34 | F. PRO SE LITIGANTS
The electronic version is the official court record for electronically filed documents and for paper documents scanned and uploaded to the system.
For documents that have been electronically filed or documents filed in paper format that have been scanned and uploaded to the electronic filing system, the electronic version constitutes the official court record.
Page 34 | G. OFFICIAL COURT RECORD
Exhibits or other items that cannot be comprehensibly viewed electronically may be filed and served conventionally.
(d) EXHIBITS. Exhibits or other items that may not be comprehensibly viewed in an electronic format may be filed and served conventionally.
Page 39 | (M)(1)(d) EXHIBITS
The listed documents may be filed conventionally unless the court expressly requires electronic filing.
(1) Notwithstanding the foregoing, the following types of documents may be filed conventionally, unless expressly required to be filed electronically by the court:
Page 39 | (M)(1) CONVENTIONAL FILING OF DOCUMENTS
Filings designated as discretionary eFile case types may be submitted through the eFiling system.
These are case types and/or filings that may be submitted via the eFiling system.
Page 32 | III. Pleadings and Motions
Complaints, pleadings, and other documents may be filed electronically over the Internet subject to the governing rule.
In conformity with the Revised Code, Civil Rule 5(E) and Criminal Rule 12(B) and, as approved (provisionally) by the Ohio Supreme Court Commission on Technology and the Courts, complaints, pleadings and other documents may be filed with the clerk of court electronically via the Internet, subject to the provisions in this rule.
Page 33 | Clerk of Courts
Electronically filed papers have the same legal force and effect as traditionally filed papers.
Electronically filed papers have the same force and effect as those filed by traditional means.
Page 34 | G. OFFICIAL COURT RECORD
Filing Timing and Cure Windows
Opposition papers in a summary-judgment motion must be filed no later than the twenty-eighth day after the motion is filed.
so that any brief in opposition and any affidavit, or other evidentiary material in opposition shall be filed on or before the twenty-eighth day after the filing of the motion
Page 3 | NOTICE OF HEARING ON MOTIONS FOR DEFAULT JUDGMENT OR SUMMARY JUDGMENT
Summary-judgment reply papers must be filed no later than the seventh day after the opposition is filed.
and any brief, affidavit, or other evidentiary material in reply to the opposition shall be filed on or before the seventh day after the filing of the opposition
Page 3 | NOTICE OF HEARING ON MOTIONS FOR DEFAULT JUDGMENT OR SUMMARY JUDGMENT
Untimely summary-judgment briefs, affidavits, and other evidentiary material will not be considered.
No brief, affidavit, or other evidentiary material shall be considered if not timely filed.
Page 3 | NOTICE OF HEARING ON MOTIONS FOR DEFAULT JUDGMENT OR SUMMARY JUDGMENT
A summary-judgment motion is deemed submitted for consideration and ruling on the thirty-sixth day after filing.
and such motion shall be deemed submitted for consideration and ruling on the thirty-sixth day.
Page 3 | NOTICE OF HEARING ON MOTIONS FOR DEFAULT JUDGMENT OR SUMMARY JUDGMENT
A party with a protected interest in remaining sale proceeds has sixty days from entry of confirmation to move for distribution.
All parties with a protected interest in the remaining proceeds of sale shall have sixty (60) days from the entry of confirmation in which to file a motion for distribution.
Page 4 | After the Sheriff's Sale
The judgment entry of settlement must be submitted by the scheduled trial date and dispose of all claims, cross-claims, counterclaims, and third-party complaints.
The judgment entry of settlement is to be submitted to the court by the scheduled trial date and should dispose of all claims, cross-claims, counterclaims, and third-party complaints.
Page 5 | SETTLEMENT
If the settlement entry cannot be provided by the trial date, the parties must fax settlement confirmation and provide the entry as soon as practicable and no later than fourteen days later.
If the entry cannot be provided by the scheduled trial date, the parties shall fax confirmation of the settlement to the court, and provide the entry as soon as practicable, but within fourteen days.
Page 5 | SETTLEMENT
A Preliminary Judicial Report must be filed within 30 days after the complaint or other pleading that requires it.
A Preliminary Judicial Report (PJR) has been filed no more than 30 days after the filing of the complaint, or other pleading requiring a PJR.
Page 6 | Pleading Stage
Judgment entries may be rejected if the applicable items on the foreclosure checklist are not addressed promptly.
Although the provisions of Civil Rule 11 do not apply to the completion of this checklist, judgment entries will be rejected if any of the relevant items shown on this checklist are not addressed promptly.
Page 7 | After the Sheriff's Sale
All Standing Special Process Server affidavits and appointing orders expire one year after filing.
(6) All affidavits and orders appointing standing special process servers shall expire one year from the date of filing.
Page 2 | 3.02(B)(6)
Motions, discovery, and other documents filed outside the time limits in the order are untimely and may be refused by the court.
Motions, discovery, and other documents not filed within the time limits set forth in this order shall be deemed untimely and may result in the court’s refusal to consider any such filing.
Page 1 | PRETRIAL PROCEDURES
Untimely opposition or reply briefs, affidavits, and other evidentiary material in summary judgment proceedings will not be considered.
No brief, affidavit, or other evidentiary material shall be considered if not timely filed.
Page 2 | NOTICE OF HEARING ON MOTIONS FOR DEFAULT JUDGMENT OR SUMMARY JUDGMENT
A summary judgment motion is set for a non-oral, non-appearing hearing 36 days after filing; opposition materials are due by day 28, reply materials by day 7 after the opposition, and the motion is submitted on day 36.
In the event that a claimant files a motion for summary judgment under Civil Rule 56, the court hereby fixes the day for non-oral non-appearing hearing on the motion as thirty-six days after the day the motion was filed, so that any brief in opposition and any affidavit, or other evidentiary material in opposition shall be filed on or before the twenty- eighth day after the filing of the motion, and any brief, affidavit, or other evidentiary material in reply to the opposition shall be filed on or before the seventh day after the filing of the opposition, and such motion shall be deemed submitted for consideration and ruling on the thirty-sixth day.
Page 2 | NOTICE OF HEARING ON MOTIONS FOR DEFAULT JUDGMENT OR SUMMARY JUDGMENT
Discovery must begin immediately upon filing and be completed within eight months of filing the action.
Discovery shall commence immediately upon filing the action and shall be completed within eight months of filing the action.
Page 2 | PRETRIAL PROCEDURES
The action must be prosecuted to conclusion within one year of filing, and default or summary judgment motions must be brought within a reasonable time after the grounds arise and sufficiently early to obtain relief before the one-year expiration.
As the time limit set by the Supreme Court for disposition of foreclosure cases is one year, the action shall be prosecuted so as to conclude within one year from filing. Motions for default judgment or for summary judgment shall be filed within a reasonable time after the grounds therefor come to the attention of the claimant, and within a sufficient time to obtain the relief requested before the expiration of one year after filing the action.
Page 2 | PRETRIAL PROCEDURES
A party with a protected interest in remaining sale proceeds must file a distribution motion within sixty days after entry of confirmation.
All parties with a protected interest in the remaining proceeds of sale shall have sixty (60) days from the entry of confirmation in which to file a motion for distribution.
Page 3 | NOTICE OF HEARING ON MOTIONS FOR DEFAULT JUDGMENT OR SUMMARY JUDGMENT
When a settlement entry is delayed, it must be provided as soon as practicable and within fourteen days.
If the entry cannot be provided by the scheduled trial date, the parties shall fax confirmation of the settlement to the court, and provide the entry as soon as practicable, but within fourteen days.
Page 4 | SETTLEMENT
The judgment entry settling a case must be submitted by the scheduled trial date and should dispose of all claims, cross-claims, counterclaims, and third-party complaints.
The judgment entry of settlement is to be submitted to the court by the scheduled trial date and should dispose of all claims, cross claims, counterclaims, and third-party complaints.
Page 4 | SETTLEMENT
A Preliminary Judicial Report must be filed within 30 days after the complaint or other pleading requiring it is filed.
A Preliminary Judicial Report (PJR) has been filed no more than 30 days after the filing of the complaint, or other pleading requiring a PJR.
Page 5 | Pleading Stage
Civil Rule 11 does not govern completion of the foreclosure checklist, but a judgment entry will be rejected if applicable checklist items are not addressed promptly.
Although the provisions of Civil Rule 11 do not apply to the completion of this checklist, judgment entries will be rejected if any of the relevant items shown on this checklist are not addressed promptly.
Page 6 | After the Sheriff’s Sale
Filings due on the Friday after Thanksgiving are preserved until the following Monday.
(B) All filings which need to be filed by the Friday after Thanksgiving Day shall be preserved until the Monday following Thanksgiving Day.
Page 18 | 1.11 PAID HOLIDAY
A transcript of an oral proceeding on the record is necessary to support objections to findings of fact and must be filed with the clerk within 30 days after the objections are filed.
(1) A transcript of any oral proceeding on the record is necessary to support any objections to findings of fact. The transcript shall be filed with the clerk within thirty (30) days after the filing of the objections.
Page 18 | 1.12 MAGISTRATES (E) OBJECTIONS CONCERNING MAGISTRATE'S DECISIONS
The Suggestion of Complex Litigation is due within 60 days after filing the complaint or any third-party complaint.
However, counsel shall, within sixty days of the filing of the complaint or any third party complaint, file a separate “Suggestion of Complex Litigation”
Page 22 | 2.03(B) Filing of Documents
Opposition briefs, affidavits, and other evidentiary material in a summary-judgment motion must be filed by the twenty-eighth day after the motion is filed.
Any brief, affidavit, or other evidentiary material in opposition to the motion shall be filed on or before the twenty-eighth day after the filing of the motion.
Page 29 | VIII. Criminal
Counsel seeking an earlier ruling must notify the court immediately upon filing, certify service on all adverse parties, and specify the requested advanced rule day.
Counsel filing motions which require ruling prior to the normally anticipated rule day shall bring such motions to the attention of the court immediately upon filing same, and shall certify upon the motion, and copies thereof, service upon all adverse parties, and shall specify the advanced rule day requested of the court.
Page 29 | VIII. Criminal
A party must file any reply brief, affidavit, or other evidentiary material on or before the seventh day after the opposition is filed.
Any brief, affidavit, or other evidentiary material in reply to the opposition shall be filed on or before the seventh day after the filing of the opposition.
Page 29 | VIII. Criminal
A summary-judgment motion is set for a non-oral, non-appearing hearing thirty-six days after filing.
In the event that a claimant files a motion for summary judgment under Civ.R. 56, the court hereby fixes the day for non-oral non-appearing hearing on the motion as thirty-six days after the day the motion was filed.
Page 29 | VIII. Criminal
A summary-judgment motion is deemed submitted for consideration and ruling on the thirty-sixth day.
The motion for summary judgment shall be deemed submitted for consideration and ruling on the thirty-sixth day.
Page 29 | VIII. Criminal
Untimely briefs, affidavits, and other evidentiary material in a summary-judgment motion will not be considered.
No brief, affidavit or other evidentiary material shall be considered if not timely filed.
Page 29 | VIII. Criminal
Appellee's response brief is due within fifteen days after service of the appellant's brief and must satisfy the same brief-content requirements.
Within fifteen days after service of said brief, counsel for appellee shall file and serve a response brief subject to the same requirements
Page 30 | VIII. Criminal
Appellant's brief must be filed within thirty days after the later of the notice-of-appeal filing or the required transcript filing.
Counsel for appellant, within thirty days after filing a notice of appeal, or filing the transcript of proceedings, if required, whichever is later, shall file with the clerk of court a brief
Page 30 | VIII. Criminal
An electronic filing is effective when system transmission is complete and any required payment is successfully tendered; filings are due by 11:59 p.m. on the deadline date, and later filings are deemed filed the next day.
Any document filed electronically shall be considered as filed with the court when the transmission of the court’s electronic filing system is complete (“effective date and time”) and payment, if required, has been successfully tendered electronically. An electronic filing may be submitted to the clerk twenty-four hours a day, seven days a week. Nonetheless, the ability to file seven days a week shall not advance the date within which any document must be filed to a date on which the clerk of courts is not open pursuant to section 1.04(B) of these rules (that is, on a weekend, legal holiday, or other closure). Further, on the date on which a document must be filed, the document may be electronically filed up until 11:59 p.m. Eastern Standard Time or Eastern Daylight Saving Time, whichever is in effect on that date. Any document filed after 11:59 p.m. Eastern Standard Time or Eastern Daylight Saving Time shall be deemed to have been filed on the next day.
Page 37 | J. TIME FOR FILING AND EFFECT OF USE OF EFILE
A filing placed in PENDING status for a missing element must be completed within two business days; timely completion can make it effective on the original filing date, while failure results in REJECTED status.
If a filing is found to have any missing element, the clerk of courts may place the document in a PENDING status and transmit a notice to the filer. The filer will have two business days to complete the filing. If the filing is completed within two business days, it may be ACCEPTED, and Click to return to Contents page 32 ===== PAGE 38 ===== the filing will be deemed effective and completed on the date on which it originally was electronically filed. If the filing is not completed within two business days, it will be moved from PENDING status to REJECTED status.
Page 37 | J. TIME FOR FILING AND EFFECT OF USE OF EFILE
For an e-filing interface failure lasting more than one hour, the clerk may post an outage notice and may require or permit paper filing temporarily.
In the event of a technical failure which renders the clerk of court’s eFiling interface non-functional for more than one hour, the clerk may provide notice on its website indicating the anticipated resolution time and what steps filers should take in the interim. In the discretion of the clerk or by order of a judge of the court, these steps may include a period of time where paper filing is required or permitted.
Page 38 | K. SYSTEM FILING ERRORS
A document rejected after review is not filed, does not become part of the court record, and must be resubmitted to meet filing requirements and deadlines.
In the event that the submitted document is REJECTED following review, the document is not filed and shall not become part of the official court record, and the filer will be required to re-submit and file the document to meet any filing requirements or deadlines.
Page 38 | J. TIME FOR FILING AND EFFECT OF USE OF EFILE
Service and Proof of Service Rules
Every person listed on the PJR must be properly served with service of process.
All persons listed on the PJR have been added as a party and have been properly served with service of process.
Page 6 | In Conjunction with Any Dispositive Motion Filed by the Party Seeking Affirmative Relief
A Standing Special Process Server's authority to serve process ends if the server fails to satisfy the rule's requirements during the appointment period.
If ____ [applicant's name] fails to satisfy the requirements set forth under Lake Co.C.P.R. 3.02(B) during the period of appointment, the authority to serve process under this order shall cease.
Page 1 | 3.02(B)(2)
For later-filed cases, the clerk must accept a time-stamped copy of the appointing judgment entry as satisfying the court-designation requirement for an eligible process server.
(5) In any case filed thereafter, the clerk of court shall accept a time stamped copy of the appointing judgment entry as satisfying the requirements of Civ.R. 4.1(B) for designation by this court of a person eligible to make service of process.
Page 1 | 3.02(B)(5)
Trial documents and exhibits must be shared with opposing counsel at least two working days before trial, with a copy also provided to the judge's office.
All documents and exhibits shall be marked for identification purposes, along with an index, and shared with opposing counsel at least two working days prior to trial, and a copy shall be provided to the judge’s office.
Page 3 | TRIAL PROCEDURES
A party that filed a praecipe for sheriff's sale must notify the sheriff in writing before the sale if it wants to withdraw the property unilaterally.
Should a party which filed a praecipe for sheriffs sale desire to withdraw that property from the sale, it shall notify the sheriff in writing prior to the sale that it is unilaterally withdrawing the property from sale.
Page 4 | WITHDRAWAL FROM SHERIFF’S SALE
Every person listed on the Preliminary Judicial Report must be properly served with process.
All persons listed on the PJR have been added as a party and have been properly served with service of process.
Page 5 | In Conjunction with Any Dispositive Motion Filed by the Party Seeking Affirmative Relief
When the party against whom default judgment is sought has appeared, written notice of the motion must be served on that party at least seven days before the hearing.
If the party against whom judgment by default is sought has appeared in the action, the court may enter judgment after a hearing, with written notice of the motion for default judgment being served on said party at least seven days prior to said hearing, as provided in Civ.R. 55.
Page 1 | (G) RULE DAY
A default-judgment motion must include proof of service on all parties who have appeared.
Motions for default judgment, with proof of service on all parties who have appeared, shall be in writing and shall be accompanied by a proposed judgment entry and all necessary documentation, including an affidavit of damages and an affidavit of military status pursuant to 50 U.S.C. 3931(b)(1).
Page 1 | 6.01 DEFAULT JUDGMENT
The court must give counsel at least fourteen days' notice of the trial date and time by mail, computer, and/or telephone, unless good cause supports a shorter period, and counsel must track the scheduled date.
Notice of the date and time for trial shall be given to all counsel of record by mail, computer, and/or telephone by the court not less than fourteen days prior to trial, unless good cause requires a lesser time period. The court will make every reasonable effort to notify counsel, but it shall be counsel’s responsibility to be aware of the date and time of said trial.
Page 10 | 1.06 Trial
The filing party, rather than the clerk, must arrange publication and submit proof of publication after service by publication is completed.
The clerk of court no longer performs service by publication. It shall be the responsibility of the person filing the complaint to arrange for publication with the newspaper. Upon completion of service by publication, proof of same shall be submitted to the clerk of court for filing.
Page 23 | 2.05 SERVICE BY PUBLICATION
Counsel must register as counsel of record and provide proof of service showing notice to all other attorneys.
Counsel shall be responsible to register as counsel of record, with proof of service indicating notice to all other attorneys.
Page 26 | III. Pleadings and Motions, 3.01(C) Caption
For the listed discovery papers and responses, proof of service must be filed instead of the original papers.
Proof of service of interrogatories, requests for documents, notices of depositions, requests for admissions, and any responses thereto, shall be filed in lieu of such original papers.
Page 26 | III. Pleadings and Motions, 3.01(B) Proof of Service
If the opposing party has appeared, written notice of a default-judgment motion must be served at least seven days before the hearing.
written notice of the motion for default judgment being served on said party at least seven days prior to said hearing, as provided in Civ.R. 55.
Page 29 | VIII. Criminal
Copies of the appellant's brief must be served on all other counsel with proof of service.
Copies, with proof of service, shall be served on all other counsel.
Page 30 | VIII. Criminal
In designated eFile case types, the filer must use courier, mail, or electronic means to file and serve the listed documents and must file proof of service with the clerk.
For all designated eFile case types, the filer shall file and serve Civ.R. 5 notices, orders, and other documents using courier, mail, or electronic means. Proof of service must be filed with the clerk.
Page 33 | C. ELECTRONIC FILING AND SERVICE OF ORDERS AND OTHER PAPERS
In designated eFile case types, the court must issue, file, and serve pleadings, notices, orders, and other documents by traditional certified mail, subject to the rule.
For all designated eFile case types, the court shall issue, file, and serve pursuant to Civ.R. 4 all pleadings, notices, orders, and other documents using traditional certified mail service, subject to the provisions of this rule.
Page 33 | C. ELECTRONIC FILING AND SERVICE OF ORDERS AND OTHER PAPERS
An electronic filing must include a certificate of service identifying the manner of service for each party entitled to service and using the specified certificate language.
A certificate of service on all parties entitled to service is still required when a party files a document electronically. The certificate must state the manner in which service was accomplished on each party so entitled. The certificate of service shall contain the following language: I hereby
Page 38 | L. ELECTRONIC SERVICE OF FILINGS AND OTHER DOCUMENTS
Electronic service of subsequent documents in eFile cases is valid and effective on all parties, but unregistered pro se parties or attorneys must receive a paper copy served by the filing party.
The electronic service of a subsequent pleading, filing or other documents in eFile cases shall be considered as valid and effective service on all parties and shall have the same legal effect as an original paper document served under former rules. Pro se parties or attorneys who have not registered with the court’s electronic filing system shall be served a paper copy by the filing party, not the court or clerk, in accordance with the applicable rules of civil procedure.
Page 38 | L. ELECTRONIC SERVICE OF FILINGS AND OTHER DOCUMENTS
When electronically filing an original complaint, third-party complaint, or pleading adding a new party, the filing party must also file instructions for electronic service.
Upon electronically filing the original complaint, third party complaint, or any pleading that adds a new party, the filing party shall also file instructions for service electronically.
Page 38 | L. ELECTRONIC SERVICE OF FILINGS AND OTHER DOCUMENTS
Electronic service is complete when the electronic filing system receives the document, applicable court rules govern response periods, and electronically served parties receive the same three-day response extension as parties served by mail.
(3) SERVICE ON PARTIES–TIME TO RESPOND OR ACT. eService shall be deemed complete at the time a document has been received by the court’s electronic filing system as reflected by the effective date and time appearing on the electronic transmittal. Effective with the commencement date of electronic filing, any period of time to respond to the served document or perform any right, duty, or act shall be strictly governed by the applicable rules of the court. Parties served electronically are entitled to the same three-day extension of time to respond as if they had been served by mail.
Page 39 | (L)(3) SERVICE ON PARTIES–TIME TO RESPOND OR ACT
A motion to file documents under seal must be served electronically.
(b) DOCUMENTS FILED UNDER SEAL. A motion to file documents under seal shall be filed and served electronically. However, the documents to be filed under seal shall be filed in accordance with section 2.06 of these rules.
Page 39 | (M)(1)(b) DOCUMENTS FILED UNDER SEAL
The filing party, rather than the court or clerk, must serve proposed entries and orders on all parties, and the proposed orders should include a certificate of service.
(c) SERVICE OF PROPOSED ENTRIES AND ORDERS. It shall be the responsibility of the filing party, not the court or clerk, to serve all proposed entries and orders submitted to the court for signature on all parties. Proposed orders should include a certificate of service as set forth in section (L)(2)(b) of this rule.
Page 39 | (L)(2)(c) SERVICE OF PROPOSED ENTRIES AND ORDERS
Failure to electronically serve a party may result in an extension of the response or action period or the striking of the pleading from the record.
(4) FAILURE OF ELECTRONIC SERVICE. If service on a party does not occur, the party to be served may be entitled to an order extending the date for any response or the period within which any right, duty or act must be performed or the court may strike the pleading from the record.
Page 39 | (L)(4) FAILURE OF ELECTRONIC SERVICE
Movants may be required to serve the motion on all adverse parties or notify other parties that leave was received.
Nothing herein shall preclude the requirement that movant serve a copy of such motion upon all adverse parties or notify other parties of leave received.
Page 41 | CHAPTER IV - TEMPORARY RESTRAINING ORDERS AND EX PARTE HEARINGS, 4.02 SERVICE
When leave results in filing a pleading or motion requiring an adverse party to respond to protect their interests, the filing party must serve it on all adverse parties after filing and leave is granted.
Where leave results in the filing of a pleading or motion to which an adverse party must respond in order to protect his or her interests, the party filing same is required to serve a copy of such pleading or motion, once filed after leave is granted, and apart from any exhibit of same previously served along with request for leave, upon all adverse parties.
Page 41 | CHAPTER IV - TEMPORARY RESTRAINING ORDERS AND EX PARTE HEARINGS, 4.02 SERVICE
A defendant must deliver written medical reports and the substance of unwritten reports from specified doctors who examined or consulted concerning the claimant.
written medical reports, and the substance of unwritten medical reports, of any doctor who examined the claimant on behalf of any defendant, and of any other doctor who examined the claimant or was consulted by the first doctor in connection with the alleged injuries; and,
Page 42 | CHAPTER V - DISCOVERY, 5.01(B)(2) DEFENDANT
An expert witness may not testify unless counsel procures a written report and provides it to opposing counsel.
An expert witness shall not testify unless a written report has been procured from the witness and provided to opposing counsel.
Page 42 | CHAPTER V - DISCOVERY, 5.01(C)(2) EXPERT WITNESS TO SUBMIT REPORT
Trial witness reports must be delivered by the case-management-order deadline and before the pretrial conference.
Said reports shall be delivered in accordance with the deadlines set forth in the case management order and prior to the pretrial conference.
Page 42 | CHAPTER V - DISCOVERY, 5.01 DOCUMENT DELIVERY
A plaintiff, counterclaimant, cross-claimant, or third-party claimant must make the listed disclosures to every other party.
The plaintiff, counter-claimant, cross-claimant, or a third party claimant shall deliver to all other parties:
Page 42 | CHAPTER V - DISCOVERY, 5.01(A) PLAINTIFF
The claiming party must deliver written reports and the substance of unwritten reports for nonmedical experts whose opinions are expected at trial.
written reports, and the substance of unwritten reports, of any expert witness other than medical expert witnesses whose opinion is expected to be offered in evidence at the time of trial, whether such reports are formal or informal, written or verbal.
Page 42 | CHAPTER V - DISCOVERY, 5.01(A)(3) PLAINTIFF
A defendant must deliver estimates or reports of the claimant's property damage to all other parties.
estimates or reports of property damages sustained by the claimant;
Page 42 | CHAPTER V - DISCOVERY, 5.01(B)(1) DEFENDANT
A claiming party must disclose intended special damages and specified supporting details, with employer verification or self-employment documentation for lost earnings, and may be ordered to furnish tax returns.
all items of special damages which the party intends to prove, including medical bills, property damage bills (or evidence if there is no bill) and loss of earnings or income. As to loss of earnings or income, the information supplied shall include the name of employers, dates of absences, and rates of pay, and shall further include written verification by the employer of such facts. In the case of a self-employed person, sufficient documentation shall be supplied to support the claim of loss of earnings or impairment of working capacity. The court may order such copies of the claimant’s income tax returns as the court deems appropriate to be furnished other parties;
Page 42 | CHAPTER V - DISCOVERY, 5.01(A)(1) PLAINTIFF
After the burden-bearing party's initial expert reports, the responding party must submit opposing expert reports.
Thereafter, the responding party shall submit opposing expert reports.
Page 42 | CHAPTER V - DISCOVERY, 5.01(C)(1) EXPERT WITNESSES, BURDEN
The party bearing the burden on an issue must initially submit expert reports at least 30 days before the pretrial conference unless the court orders otherwise.
The party with the burden of proof to a particular issue shall be required to first submit expert reports as to that issue at least thirty days before any pretrial conference, unless otherwise ordered by the court.
Page 42 | CHAPTER V - DISCOVERY, 5.01(C)(1) EXPERT WITNESSES, BURDEN
Filing Fees and Waivers
Submitting the Financial Disclosure Form triggers a non-refundable $25 application fee unless the court waives or reduces it; any assessed fee must be paid to the clerk of courts within seven days, and inability to pay cannot result in denial of counsel.
By submitting this Financial Disclosure Form, you will be assessed a non-refundable $25.00 application fee unless waived or reduced by the court. If assessed, the fee is to be paid to the clerk of courts within 7 days of submitting this form to the entity that will make a determination regarding your indigency. No applicant may be denied counsel based upon failure or inability to pay this fee.
Page 2 | VIII. $25.00 APPLICATION FEE NOTICE
A $25 filing fee is required for the affidavit and order, payable into and applied to Common Pleas Court General Division Special Project No. 1.
(8) The fee for filing the affidavit and order is twenty-five dollars ($25.00), which shall be paid into and applied to Common Pleas Court General Division Special Project No. 1.
Page 2 | 3.02(B)(8)
Civil actions and proceedings require a security-for-costs deposit in the amount set by the court's adopted fee schedule before filing, subject to stated exceptions.
Excepted as provided herein, no civil action or proceedings shall be accepted by the clerk of courts for filing unless there is deposited with the clerk of courts, as security for costs, the amount set forth in the schedule of filing fees and security deposits adopted by the court.
Page 20 | 2.02 SECURITY FOR COSTS; FEE SCHEDULE
Failure to pay costs ordered by the judge is grounds for dismissal of the action under Civil Rule 41(B)(1).
Failure to pay costs as ordered by the judge shall be grounds for dismissal of the action pursuant to Civ.R. 41(B)(1).
Page 20 | 2.02(A)(4) SECURITY FOR COSTS; FEE SCHEDULE
A party owing court costs from a prior action must pay all costs before the clerk may accept a subsequent civil action for filing.
If a party owes costs to the court from a prior action, all such costs must be paid before the clerk of courts may accept for filing any subsequent civil actions.
Page 20 | 2.02(A)(5) SECURITY FOR COSTS; FEE SCHEDULE
If the clerk determines that a deposit is insufficient, the party must deposit additional sums on demand, and failure to do may result in discretionary sua sponte dismissal.
When the clerk deems a deposit insufficient, a demand for additional sums to be deposited shall be made. If a party fails to deposit on demand, the court shall, in its discretion, dismiss the case sua sponte.
Page 20 | 2.02(B) DEPOSIT FEE SCHEDULE
An inmate initiating a civil action must comply with R.C. §2969.25, and failure to comply may result in dismissal under Civil Rule 41(B)(1).
If the party initiating the civil action is an inmate, the party must comply with the provisions of R.C. §2969.25. Failure to comply with R.C. §2969.25 shall be grounds for dismissal of the action pursuant to Civ. R. 41(B)(1).
Page 20 | 2.02(A)(1) SECURITY FOR COSTS; FEE SCHEDULE
The clerk must charge and collect filing fees and security deposits for court costs according to the court's adopted schedule.
The clerk of courts shall charge and collect a filing fee and security deposit for court costs according to the schedule adopted by the court.
Page 20 | 2.02(B)(1)-(2) DEPOSIT FEE SCHEDULE
A complete affidavit of indigency permits filing without costs, but the trial judge may later assess costs if the judge determines the party can pay.
If the affidavit set forth in Rule 2.02(A)(2) is complete, the clerk shall accept the complaint for filing without costs. Once the case is assigned, the trial judge may make further inquiry into the party’s ability to pay costs, or a part thereof. If the trial judge determined that the party has the ability to pay costs, or a part thereof, such may be assessed and payment shall be made as directed by the trial judge.
Page 20 | 2.02(A)(3) SECURITY FOR COSTS; FEE SCHEDULE
A non-inmate who believes he or she cannot pay filing costs must submit an affidavit of indigency with specified financial information and a preceding-year federal income tax return.
If the party initiating the civil action is not an inmate and believes that he/she is unable to pay the costs, an affidavit of indigency, listing the party’s: (a) employment and salary for the past twelve months; (b) public assistance for the past twelve months; (c) total assets, excluding family furnishings; (d) bank balances; and (e) number of dependents. Attached to the affidavit shall be the party’s federal income tax return for the year preceding the filing of the complaint.
Page 20 | 2.02(A)(2) SECURITY FOR COSTS; FEE SCHEDULE
The clerk assesses normal filing fees, and case deposits are collected electronically through a financial transaction device when the filing is processed.
(1) The clerk of courts shall assess normal filing fees, and case deposits will be collected via a financial transaction device (electronic means) at the time the filing is processed.
Page 40 | (N)(1) COLLECTION OF FILING DEPOSIT AND FEES
The electronic filing system must provide electronic payment for deposits and fees and include a process for filing an affidavit of indigence.
(4) The electronic filing system will establish a means to accept payment of deposits and fees electronically, including the process for filing an affidavit of indigence.
Page 40 | (N)(4) COLLECTION OF FILING DEPOSIT AND FEES
Any filing security deposit or fee required for valid filing must be paid electronically through the same process used for other eFile documents.
(2) Any document requiring payment of a filing security deposit or a fee to the clerk of courts in order to achieve valid filing status shall be filed and paid electronically in the same manner as any other eFile document.
Page 40 | (N)(2) COLLECTION OF FILING DEPOSIT AND FEES
A miscellaneous case seeking a court order for issuance of a motor-vehicle title carries a $50 filing fee.
The clerk of courts shall direct any person seeking a court order for the issuance of a title to a motor vehicle to obtain an inspection to be completed by the Ohio State Highway Patrol prior to filing with the court for an order to issue title. The filing fee for such miscellaneous case shall be $50.00.
Page 53 | 7.09 COURT-ORDERED TITLE TO MOTOR VEHICLE
An appellant must pay a $500 appeal fee to the clerk of courts.
The appellant shall pay an appeal fee of Five Hundred Dollars ($500.00) to the clerk of courts
Page 65 | 11.22 RIGHT OF APPEAL (A) NOTICE OF APPEAL AND COST
A party settling or dismissing under Civil Rule 41(A) on the day before or morning of trial must pay the jury-summoning cost if a jury was summoned.
If a case is settled or dismissed pursuant to Civil Rule 41(A), on the day before trial or the morning of trial and as a result a jury is summoned, the party filing the dismissal must bear the cost of summoning the jury.
Page 5 | SETTLEMENT
A party filing a Civil Rule 41(a) dismissal on the day before or morning of trial must bear the jury-summoning cost if a jury is summoned.
If a case is settled or dismissed pursuant to Civil Rule 41 (A), on the day before trial or the morning of trial and as a result a jury is summoned, the party filing the dismissal must bear the cost of summoning the jury.
Page 4 | SETTLEMENT
Effective July 1, 2013, the clerk must charge and collect filing fees and security deposits under the court’s adopted schedule.
(5) The deposit fee schedule for the general division of this court has been revised and amended, effective July 1, 2013. The clerk of courts shall charge and collect a filing fee and security deposit for court costs according to the schedule adopted by the court. (Eff. 7/1/2013, V.22, P.0657).
Page 21 | II. Clerk of Courts
Effective June 1, 2009, the clerk must charge and collect filing fees and security deposits under the court’s adopted schedule.
(3) The deposit fee schedule for the general division of this court has been revised and amended, effective June 1, 2009. The clerk of courts shall charge and collect a filing fee and security deposit for court costs according to the schedule adopted by the court. (Eff. 6/1/2009, V.17, P.248).
Page 21 | II. Clerk of Courts
A plaintiff must deposit sufficient funds to satisfy the clerk’s initial deposit requirement when a case is transferred because of limited jurisdiction or a change of forum.
(E) TRANSFERRED CASES. In matters of transfer due to limited jurisdiction of the original proceedings or due to change of forum, it shall be the obligation of the plaintiff to deposit sufficient funds to satisfy the initial deposit requirement of the clerk of court, who shall follow a uniform and nondiscriminatory policy in that regard.
Page 21 | II. Clerk of Courts
In cases with multiple parties, the clerk may require the requesting party to advance an estimated amount sufficient to cover service costs.
(D) MULTIPLE PARTIES. In cases with multiple parties, the clerk of court may require the party requesting service to advance an amount estimated by the clerk to be sufficient to cover the costs thereof.
Page 21 | II. Clerk of Courts
A party seeking to reopen a case must deposit security for costs in the court-determined amount unless the party files an affidavit of poverty.
(F) SECURITY FOR REOPENING CASES. A party not filing an affidavit of poverty in an action shall be required to deposit a security for costs, in an amount as determined by the court and posted in the clerk’s office, for any motion to reopen a case.
Page 21 | II. Clerk of Courts
Effective June 1, 2011, the clerk must charge and collect filing fees and security deposits under the court’s adopted schedule.
(4) The deposit fee schedule for the general division of this court has been revised and amended, effective June 1, 2011. The clerk of courts shall charge and collect a filing fee and security deposit for court costs according to the schedule adopted by the court. (Eff. 6/1/2011, V.19, P.1142).
Page 21 | II. Clerk of Courts
Filing the affidavit and order for appointment of a standing special process server requires a $25.00 fee payable to Common Pleas Court General Division Special Project No. 1.
(8) The fee for filing the affidavit and order is twenty-five dollars ($25.00), which shall be paid into and applied to Common Pleas Court General Division Special Project No. 1.
Page 28 | 3.02 STANDING SPECIAL PROCESS SERVER
The clerk assesses a non-refundable surcharge or convenience fee for electronic payments to help defray the cost of accepting them.
(3) Pursuant to §301.28(E) and (F) of the Revised Code, a non-refundable surcharge or convenience fee for electronic payment type will be assessed by the clerk of courts. The fee structure will include said surcharge or convenience fee to help defray the costs of accepting payments electronically.
Page 40 | (N)(3) COLLECTION OF FILING DEPOSIT AND FEES
Public users are charged at the clerk's posted per-page rates for printed copies of electronically filed documents.
(O) PUBLIC ACCESS TERMINAL. The public can view electronically filed documents in the clerk’s office. Users shall be charged for printed copies of documents at the page rates as posted in the clerk of courts fee schedule.
Page 40 | (O) PUBLIC ACCESS TERMINAL
The clerk charges for printed pleadings, notices, orders, and other service copies at the page rates in the fee schedule effective when the document is filed.
(5) The clerk shall charge for the printing of pleadings, notices, orders, and other copies for service at the page rates as posted in the clerk of courts fee schedule current as of the effective date and time of filing.
Page 40 | (N)(5) COLLECTION OF FILING DEPOSIT AND FEES
A party unable to pay appeal fees may seek permission to appeal without repayment by submitting a poverty motion and affidavit and obtaining a court order.
A party desiring to appeal an award may apply by a written motion and affidavit to the court, averring that by reason of poverty the party is unable to make payments required for an appeal. If, after due notice to the opposing parties, the judge is satisfied of the truth of the statements in the affidavit, the judge may order that the appeal of such party be allowed without repayment of the fees.
Page 65 | 11.22 RIGHT OF APPEAL (B) POVERTY AFFIDAVIT AND NOTICE
A filing fee must be paid when the CQE filer appears to complete filing.
After the petition for a certificate of qualification for employment has been submitted electronically online and is determined to be complete, the individual who filed the petition shall appear at the office of the clerk of courts, within 28 days of electronic submission, to complete filing and pay the filing fee.
Page 77 | XIV. CERTIFICATION OF QUALIFICATION FOR EMPLOYMENT
The certification or notarization fee for veterans’ bonus applications is waived.
(C) VETERANS BONUS APPLICATIONS (Eff. 8/25/2010, V.18, P.1137). In an effort to support the veterans of Ohio who present their application for veteran bonus for certification/notarization by the clerk of court or deputy clerks of court, any fee for said certification/notarization shall be waived.
Page 21 | II. Clerk of Courts
The clerk may not bill or refund costs totaling less than $3.00.
(H) COSTS LESS THAN $3.00 (Eff. 4/1/2006, V.14, P.1028). The Clerk of Courts shall not bill and shall not refund any costs less than $3.00.
Page 21 | II. Clerk of Courts
Courtesy Copy Requirements
A copy of the trial documents and exhibits must be provided to the judge's office.
and a copy shall be provided to the judge’s office.
Page 3 | TRIAL PROCEDURES
Paper courtesy copies are prohibited for documents filed electronically.
Paper courtesy copies of documents filed electronically shall not be delivered to the court.
Page 33 | COURTESY COPIES
A copy of the identified and indexed trial documents and exhibits must be provided to the judge’s office.
and a copy shall be provided to the judge's office.
Page 4 | TRIAL PROCEDURES
Sealing & Redaction Procedures
The clerk will not redact stamp-filed documents without a court order and may refuse documents containing unredacted personal information or information not submitted as required.
The clerk of courts will not remove any personal and private information from a stamp-filed document, including records or transcripts transmitted to this court from another court, without a court order to do so. The clerk of courts may refuse to accept for filing any document that contains personal and private information that has not been redacted or submitted in accordance with this order.
Page 24 | 2.06(F) PERSONAL AND PRIVATE INFORMATION IN RECORDS
Social security numbers, full financial account numbers, and other information designated as personal and private by federal or state law may not be included in a public record.
The following information is deemed “personal and private” and may not be included in a public record:
Page 24 | 2.06(A) PERSONAL AND PRIVATE INFORMATION IN RECORDS
A journal entry containing personal and private information must be submitted in two copies: one for the non-public envelope and a redacted public copy marked at each redaction location; both copies are signed by the court.
Journal entries that necessarily include personal and private information must be submitted to the clerk of court’s office as follows: a copy that includes the personal and private information for placement in the non-public envelope and a copy with personal and private information redacted for placement in the public file. The copy not containing the personal and private information (for the public file) will have the notation “personal and private information redacted” at all places in the document where such information was removed. The court will sign both journal entries.
Page 24 | 2.06(E) PERSONAL AND PRIVATE INFORMATION IN RECORDS
The filing party and counsel must redact personal and private information from filed documents, including attached exhibits and addenda.
It is the responsibility of the filing party and counsel to remove personal and private information from a document filed with the clerk of court’s office. The responsibility of the filing party and counsel to remove personal and private information extends to and includes exhibits or addenda attached to filings, such as preliminary and final judicial reports which itemize state tax liens that use social security numbers as case numbers, or medical records.
Page 24 | 2.06(B) PERSONAL AND PRIVATE INFORMATION IN RECORDS
Personal and private information must be submitted separately in a filing that the court treats as non-public and keeps in a separate envelope with the prescribed notice.
Personal and private information must be submitted in a separate filing which will be deemed by the court as a non-public record. The information will be kept in a separate envelope within the case filed marked as follows:
Page 24 | 2.06(D) PERSONAL AND PRIVATE INFORMATION IN RECORDS
The CQE filer must remove personal and private identifying information from public documents, and any such information must be submitted separately as a non-public record opened only by court order.
It is the responsibility of the individual filing the petition for CQE to remove personal and private information, such as the individual’s social security number, from the petition and any exhibits or addenda attached to the petition or from documents later filed in the proceeding. If feasible, the ODRC should provide the petition for CQE to the court with personal and private identifying information redacted. The clerk of courts and deputy clerks shall have no responsibility for the removal of any personal and private information filed in a public document in the Lake County clerk of court’s office. Personal and private information must be submitted in a separate filing which will be deemed by the court as a non-public record. The information will be kept in a separate envelope within the case file and appropriately marked as containing personal and private information, and opened only upon an order of the court.
Page 77 | XIV. CERTIFICATION OF QUALIFICATION FOR EMPLOYMENT
All documents and information assembled in considering a CQE petition are confidential, kept sealed, transmitted sealed to the court of appeals, and opened only by court order.
All documents and information assembled by the court in its consideration of the petition for CQE shall be deemed confidential and not a public record. Such documents and information shall be treated with the same level of confidentiality as a pre-sentence report and shall be kept sealed and transmitted in a sealed condition to the court of appeals in the event of appellate review, and shall not be opened except upon an order of the court.
Page 78 | XIV. CERTIFICATION OF QUALIFICATION FOR EMPLOYMENT
Personal information in earlier filings and records or transcripts transmitted from another court is public unless removal is requested by petition and granted by the court.
Any personal and private information in documents filed prior to the implementation of this rule is considered public. Any personal and private information in records or transcripts transmitted to this court from another court is considered public. A party or an attorney in a case, or any other person whose personal and private information is contained in a public record of this court may petition the court for the removal of personal and private information, and if the request is granted, the personal and private information will be removed from a
Page 24 | 2.06(G) PERSONAL AND PRIVATE INFORMATION IN RECORDS
Adjournment & Extension Requirements
A party seeking a trial date continuance must file a written motion signed by the client, with supporting affidavits or other appropriate documentation.
No continuance of a trial date will be granted without filing a written motion with the signature of the client along with supporting affidavits or other appropriate documentation.
Page 4 | TRIAL PROCEDURES
A trial-continuance motion must include a proposed order leaving blank space for the court to insert the next appropriate court date.
The motion must be accompanied by an order with a blank space for the court to insert the next appropriate court date.
Page 4 | TRIAL PROCEDURES
A trial continuance requires a written motion signed by the client and supported by affidavits or other appropriate documentation.
No continuance of a trial date will be granted without filing a written motion with the signature of the client along with supporting affidavits or other appropriate documentation.
Page 3 | TRIAL PROCEDURES
The extension stipulation must affirmatively state that no prior extension was granted and remains subject to court approval.
Such stipulation shall affirmatively state that no prior extension has been granted and shall be subject to the court’s approval.
Page 28 | 3.03 EXTENSIONS
A party may obtain an extension of up to thirty days to answer, plead, or move only when no prior extension has been granted, by filing a written stipulation approved by all counsel and the court.
3.03 EXTENSIONS. Parties may obtain an extension of time, not to exceed thirty days, in which to answer, plead, or otherwise move, when no such prior extension has been granted, by filing with the clerk of court a written stipulation approved by all counsel and the court providing for such an extension.
Page 28 | 3.03 EXTENSIONS
A party seeking a continuation of arbitration must arrange the continuance, obtain written permission from opposing counsel and the arbitrators, and establish a new date convenient to the arbitrator and counsel.
(B) If, for any reason, the plaintiff(s) and/or defendant(s) wish to seek a continuation of the arbitration of the case, the party seeking same shall make all necessary arrangements for the continuance, including written permission from the opposing counsel, the arbitrators, and also establishment of a new date convenient to the arbitrator and all counsel in the pending case.
Page 61 | 11.09 INABILITY OF PARTY TO PROCEED
Requests to continue a case beyond ninety days from submission must be made by written motion to the assigned judge.
(B) Requests for continuance beyond the ninety days from the date of submission by the judge must be made by written motion to the judge assigned to the case.
Page 61 | 11.10 CASE CONTINUED TWICE CERTIFIED TO COURT
Pending motions are not good cause for a mediation continuance, and a continuance will not be granted unless mediation is scheduled before the earlier of the final pretrial or 30 days before trial.
Except as authorized by the court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial or more than thirty days before trial, whichever is earlier.
Page 69 | 12.08 INABILITY OF PARTY TO PROCEED
A party seeking a mediation continuance must obtain written permission from opposing counsel and the mediator and select a convenient new date within the applicable mediation time limits.
If, for any reason, the plaintiff(s) and/or defendant(s) wish to seek a continuation of the mediation of the case, the party seeking same shall make all necessary arrangements for the continuance, including written permission from the opposing counsel and the mediator, and also the selection of a new date convenient to the mediator, all counsel, and all parties required to attend in the pending case, to occur within the time limits established in these rules.
Page 69 | 12.08 INABILITY OF PARTY TO PROCEED
A request to continue mediation beyond 75 days from submission must be made by written motion to the assigned judge.
Requests for continuance beyond seventy-five days from the date of submission by the judge must be made by written motion to the judge assigned to the case.
Page 70 | 12.09 CASE CONTINUED TWICE CERTIFIED TO COURT
A party may request a trial continuance only by written motion complying with Superintendence Rule 41 and subject to court approval.
No case assigned for trial may be continued at the request of a party except on written motion, and in compliance with Superintendence Rule 41, subject to approval of the court.
Page 10 | 1.06 Trial
Additional extensions may be requested under the procedures established by the respective judges.
Additional extensions may be requested in accordance with the procedures of the respective judges.
Page 28 | 3.03 EXTENSIONS
After two continuances following assignment to mediation, the mediator must certify the case to the assigned judge, who must summon the parties or counsel.
Whenever any case has been continued two times after assignment to mediation, the case shall be certified by the mediator to the judge to whose docket the case has been assigned, who shall summon the parties or their counsel.
Page 70 | 12.09 CASE CONTINUED TWICE CERTIFIED TO COURT
An extension of a deadline not involving a court hearing requires a showing that the extension will not interrupt the case's scheduled progression.
Extension of time for compliance with deadlines not involving a court hearing will be permitted only on a showing to the court that the extension will not interrupt the scheduled movement of the case.
Page 70 | 12.08 INABILITY OF PARTY TO PROCEED
Chambers Communication Rules
The court must be called as soon as possible after a case settles.
Settled cases should be brought to the court's attention immediately by calling or e-mailing the court at the earliest opportunity.
Page 5 | SETTLEMENT
A settled case should be reported to the court immediately by telephone at the earliest opportunity.
Settled cases should be brought to the court’s attention immediately by calling ore-mailing the court at the earliest opportunity.
Page 4 | SETTLEMENT
Counsel and self-represented filers must configure their email systems to accept messages from the judge, clerk of courts, and LakeCountyOhio.gov email domain.
It is the responsibility of counsel or the party filing any document to configure his or her e-mail filter or program to accept e-mail from the judge and the clerk of courts and the county’s e-mail domain (i.e. LakeCountyOhio.gov).
Page 26 | III. Pleadings and Motions, 3.01(C) Caption