Montgomery County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Page & Word Limits6 rules
Objections and supporting or responding memoranda may not exceed 20 pages and must comply with Rules 2.02 and 6.03.
Objections and memoranda shall not exceed 20 pages in length, and shall otherwise comply with Rules 2.02 and 6.03.
Objections And Memoranda
20 pages
Memoranda are limited to 20 pages, excluding the certificate of service, but the court may modify the limit for good cause.
(4) Limitation upon Length of Memoranda. Memoranda shall not exceed 20 pages in length, exclusive of the certificate of service, and otherwise shall comply with Rule 2.02. The page limitation may be modified by the court for good cause shown and upon such conditions as set by the court.
Memorandum
20 pages
Objections and supporting memoranda are limited to 20 pages and must comply with Rules 2.02 and 6.03.
Objections and memoranda shall not exceed 20 pages in length, and shall otherwise comply with Rules 2.02 and 6.03.
Objection And Memorandum
20 pages
A mediation conference statement may not exceed three pages unless the mediator approves otherwise and must state the parties’ positions on facts, law, damages, and settlement history, including demands and offers.
Mediation conference statements shall not exceed three pages in length, unless otherwise approved by the mediator, and shall set forth the relevant positions of the parties concerning factual issues, issues of law, damages, and the settlement negotiation history of the case, including a recitation of any specific demands and offers that have been conveyed.
Mediation Conference Statement
3 pages
Unless the mediator approves otherwise, a mediation conference statement may not exceed three pages and must address factual and legal issues, damages, settlement history, and any demands or offers.
Mediation conference statements shall not exceed three pages in length, unless otherwise approved by the mediator, and shall set forth the relevant positions of the parties concerning factual issues, issues of law, damages, and the settlement negotiation history of the case, including a recitation of any specific demands and offers that have been conveyed.
Mediation Conference Statement
3 pages
Memoranda may not exceed 20 pages, excluding the certificate of service, and the court may modify the limit for good cause and impose conditions.
Memoranda shall not exceed 20 pages in length, exclusive of the certificate of service, and otherwise shall comply with Rule 2.02. The page limitation may be modified by the court for good cause shown and upon such conditions as set by the court.
Brief
20 pages
Document Format Requirements42 rules
For an indigent criminal defendant’s appeal, the transcriptionist or stenographer must file a paper transcript copy with the Second District Court of Appeals.
The Court’s Transcriptionist or the stenographer shall file a paper copy of the transcript with the Clerk of the Second District Court of Appeals.
Paper
The presenting party must ensure that the audio/video deposition format is compatible with the court’s equipment and that the party can operate that equipment.
(b) ensure that the format of the audio/video version of the deposition is compatible with the court’s equipment; and (c) be able to operate the court’s equipment.
Court-approved forms must reserve adequate top-right space for endorsements or file stamps and use side and bottom margins proportionate to the form or document.
Forms prescribed and approved by the court shall reserve an adequate space in the top right-hand corner for endorsements or file stamps and shall have appropriate side and bottom margins proportional with the format of the form or document.
All documents combined in one e-filing submission may not exceed 30 megabytes.
Any combination of documents e-Filed in one submission shall not exceed 30 megabytes in size.
Court documents must be typewritten or printed, double spaced, on letter-size paper, use regular type between 11 and 12 points, and be paginated sequentially.
All pleadings, motions, briefs, and other documents shall be typewritten or printed, double spaced, on 8 ½ inches x 11 inches paper, not less than 11-point and not greater than 12-point regular type font, paginated sequentially.
An individual document in an e-filing submission may not exceed 10 megabytes.
Individual documents included in a submission shall not exceed 10 megabytes in size.
An e-filed document may not contain external links.
An e-Filed document shall not contain external links.
E-filed documents, pleadings, and papers generally must be filed in PDF format, while proposed orders and entries must be submitted in Word .doc format.
All e-Filed documents, pleadings, and papers shall be filed with the Clerk in .pdf format except that proposed orders and entries shall be submitted in Word [.doc] format.
DOCX
Pleading-format filings must reserve at least 2.5 inches at the top of the first page and have side and bottom margins of at least one inch.
Filings prepared in a pleading format shall reserve a blank space of at least two and one-half inches at the top of the first page for endorsements and shall have appropriate side and bottom margins of not less than one inch.
A pleading may not include photographs or digital images of persons without prior court approval supported by good cause.
No pleading shall include photographs or digital images of persons without prior court approval upon good cause shown.
A release or assignment of a judgment or certificate of judgment must be written and signed by an authorized person.
Releases and assignments of judgments or certificates of judgment shall be in writing and signed by a person authorized to execute the instrument.
Public notice of a judicial real-estate sale must run as an advertisement in a qualifying Montgomery County newspaper, which may be the designated Daily Law Journal.
The public notice of judicial sales of real estate shall be by advertisement in a newspaper of general circulation in Montgomery County that meets the requirements of R.C. 7.12. The advertisement may be made in the Daily Law Journal published by Cox Media Group, which has been designated as the journal of the court as authorized by R.C. 2701.09.
Each judicial-sale notice may cover only one case number and may not combine parcels from multiple case numbers.
Each notice shall list the parcel(s) for sale for a particular case number. Neither the Sheriff nor a private selling officer may list parcels related to multiple case numbers in a single public notice.
To cancel a judicial real estate sale, the canceling party must file either a copy of the filed bankruptcy petition or a proposed cancellation entry in Word .doc format.
the party canceling the sale shall file one of the following: (a) a copy of the filed bankruptcy petition; or (b) a proposed entry, in Word [.doc] format, canceling the sale.
A video used in lieu of a transcript must be filed in digital format.
If an objecting party is using a video in lieu of a transcript, the video shall be filed in digital format.
Every counsel notice of appearance must be in writing.
All notices of appearance by counsel shall be in writing.
Any filing, exchange, transmission, or other transfer of courtroom recordings must use a format produced by the court’s designated recording systems.
Any filing, exchange, transmission, or other transfer of the court’s courtroom recordings shall be in a format produced by the court’s designated recording systems.
For a non-indigent party's appeal transcript request, the transcriptionist or stenographer must send the Judicial Assistant an electronic PDF copy through secure file transfer after payment is received.
Once payment for the transcript is received, the Court’s Transcriptionist or the stenographer shall send an electronic copy of the completed transcript to the Judicial Assistant in .pdf format, via secure file transfer.
For an indigent criminal defendant's appeal, the transcriptionist or stenographer must send the Judicial Assistant an electronic PDF copy of the completed transcript.
If the party requesting the transcript is an indigent criminal defendant, the Court’s Transcriptionist or the stenographer shall send an electronic copy of the completed transcript to the Judicial Assistant in .pdf format.
For an indigent criminal defendant's appeal, the Judicial Assistant must send appellate counsel or the pro se defendant the completed transcript as a PDF by email, using another method if the pro se defendant lacks email.
The Judicial Assistant shall send the completed transcript to appellate counsel or the pro se defendant in .pdf format via e-mail. If the pro se defendant does not have an e-mail address, another delivery method will be used.
The Judicial Assistant must send the completed transcript to counsel or the pro se defendant by email in .pdf format, or use another delivery method if the defendant has no email address.
The Judicial Assistant shall send the completed transcript to counsel or the pro se defendant in .pdf format via e-mail. If the pro se defendant does not have an e-mail address, another delivery method will be used.
After completing the transcript, the Court’s Transcriptionist must send the Judicial Assistant an electronic copy in .pdf format.
Upon completion, the Court’s Transcriptionist shall send an electronic copy of the completed transcript to the Judicial Assistant in .pdf format.
For a stenographically recorded non-appeal transcript, the Judicial Assistant must attempt to obtain the transcript from the stenographer or by other available means and send any obtained transcript to counsel or the pro se defendant as an email PDF, using another method if the indigent pro se defendant lacks email.
If the proceeding was recorded by a stenographer, the Judicial Assistant shall attempt to submit the Request Form to the stenographer that recorded the relevant proceedings for transcription. If the stenographer is unavailable or deceased, the Judicial Assistant shall attempt to obtain the transcript by other means, if available. If a transcript is obtained, the Judicial Assistant shall send the completed transcript to counsel or the pro se defendant in .pdf format via e-mail. If the indigent defendant is pro se and does not have email, another delivery method will be used.
Documents designated “Judge Access Only” must be submitted to the Clerk in a sealed envelope bearing specified identifying information and the conspicuous notice “DOCUMENTS UNDER SEAL – JUDGE ACCESS ONLY.”
The documents shall be filed with the Clerk, secured in a sealed envelope, with the following information on the face of the envelope: the case caption; a descriptive title of the document (unless such information has been included among the information sealed); the date of the order permitting the documents to be sealed; and a conspicuous notation stating “DOCUMENTS UNDER SEAL – JUDGE ACCESS ONLY.”
Paper
A pleading may not include photographs or digital images of persons without prior court approval and a showing of good cause.
No pleading shall include photographs or digital images of persons without prior court approval upon good cause shown.
In criminal cases, counsel must provide the court's appearance form or file a notice of appearance.
In criminal cases, a notice of appearance by counsel shall be on a form provided by the court or by filing a notice of appearance.
All counsel notices of appearance must be in writing.
All notices of appearance by counsel shall be in writing.
In civil cases, counsel may make a notice of appearance by signing a pleading or motion, but must also file a notice of appearance when the appearance is made by a motion or a pleading other than the original complaint or answer.
In civil cases, a notice of appearance by counsel may be effected by signature of counsel on a pleading or motion. If the appearance is effected by the filing of a motion or by a pleading other than the original complaint or original answer to a complaint, the attorney shall also file a notice of appearance.
Before trial, joint exhibits must be marked with Roman numerals, plaintiff's exhibits with Arabic numerals, defendant's exhibits with letters, and third-party exhibits must be identified as such.
Exhibits must be marked, prior to trial, as follows: (a) Joint exhibits with Roman numerals; (b) Plaintiff's exhibits with Arabic numerals; (c) Defendant's exhibits with letters; (d) Third-party exhibits identified as such.
Requests to record court proceedings or courthouse interviews must be submitted in writing on the appropriate Appendix F or Appendix G form.
All requests to record Proceedings or interviews in the courthouse must be made in writing, on the appropriate form. See Appendix F and Appendix G.
Pleading-format filings must reserve at least 2.5 inches at the top of the first page and have side and bottom margins of at least one inch.
Filings prepared in a pleading format shall reserve a blank space of at least two and one-half inches at the top of the first page for endorsements and shall have appropriate side and bottom margins of not less than one inch.
All documents combined in a single e-filing submission may not exceed 30 megabytes.
Any combination of documents e-Filed in one submission shall not exceed 30 megabytes in size.
Document Filing Requirements135 rules
A fee-waiver application must include the Ohio Supreme Court-approved Financial Disclosure/Fee Waiver Affidavit and the complaint or other filing that requires the fee.
If a party initiating a civil action is unable to pay the applicable security deposit as provided under this Rule, the party shall apply for a fee waiver by filing a Financial Disclosure/Fee Waiver Affidavit form approved by the Ohio Supreme Court, along with the complaint or other filing which requires a filing fee.
Document Type
Financial Disclosure Fee Waiver Affidavit
In civil cases, an attorney may withdraw an appearance or have it stricken only upon written entry approved by the court.
No attorney who entered an appearance in any civil action shall withdraw the appearance, or have it stricken from the record, except upon written entry approved by the court.
Document Type
Withdrawal Of Appearance
In criminal cases, an attorney may withdraw an appearance or have it stricken only in open court in the presence of the defendant and upon written entry approved by the court.
No attorney who entered an appearance for any defendant in a criminal case shall withdraw the appearance, or have it stricken from the record, except in open court in the presence of the defendant and upon written entry approved by the court.
Document Type
Withdrawal Of Appearance
A motion to revive a dormant judgment must be accompanied by Instructions for Service to the Clerk.
Such motion shall be accompanied by Instructions for Service to the Clerk by the party seeking to revive the dormant judgment.
Document Type
Motion To Revive Judgment
A judgment by confession must be written, identify the debt or cause of action decided, and be filed with the Clerk.
(1) Requirements. All judgments by confession shall be in writing, shall state the debt or cause of action decided, and shall be filed with the Clerk.
Document Type
Judgment By Confession
Releases and assignments of judgments or judgment certificates must be written and signed by an authorized person.
Releases and assignments of judgments or certificates of judgment shall be in writing and signed by a person authorized to execute the instrument.
Document Type
Release Or Assignment
A party appealing an administrative agency order must file a Notice of Appeal with both the court and the agency, unless the Revised Code provides otherwise.
Unless otherwise provided in the Revised Code, any party appealing an order of an administrative agency shall file a Notice of Appeal with the court and the agency from which the appeal is taken.
Document Type
Notice Of Appeal
A completed video or paper-transcript request form must be delivered to the assigned judge’s Judicial Assistant in person, by email, or by regular mail.
A completed Request for Video of Proceeding or Request for Paper Transcript (“Request Form” as set forth in Appendix E) must be sent to the Judicial Assistant for the Assigned Judge in person, by e-mail, or regular mail.
Document Type
Video Or Paper Transcript Request Form
The appeal requester must send the Judicial Assistant a time-stamped transcript praecipe and completed request form by personal delivery, email, or regular mail.
A time-stamped copy of the praecipe, along with a completed Request Form, must be sent to the Judicial Assistant for the Assigned Judge in person, by e-mail, or regular mail.
Document Type
Appeal Transcript Request Documents
A video request form must identify the specific date and type of every requested proceeding.
The Request Form must indicate the specific date and type of all proceeding(s) being requested.
Document Type
Video Request Form
An appeal-transcript requester must file a transcript praecipe with the Clerk.
The party requesting a transcript for an appeal shall file a praecipe for transcript with the Clerk.
Document Type
Appeal Transcript Praecipe
An appeal transcript request form must identify the specific dates of the proceedings to be transcribed.
The Request Form must indicate the specific date(s) of the proceeding(s) to be transcribed.
Document Type
Appeal Transcript Request Form
If the Assigned Judge grants the motion and signs the order, the sender must send a time-stamped order copy and completed Request Form to the Assigned Judge’s Judicial Assistant in person, by e-mail, or regular mail.
If the Assigned Judge grants the motion and signs the order, a time-stamped copy of the order with a completed Request Form must be sent to the Judicial Assistant for the Assigned Judge in person, by e-mail, or regular mail.
Document Type
Non Appeal Transcript Order And Request Form
An indigent criminal defendant seeking a non-appeal transcript must file a motion and proposed order with the assigned judge.
If the party requesting a transcript for non-appeal purposes is an indigent criminal defendant, the party shall file a motion and proposed order with the Assigned Judge.
Document Type
Non Appeal Transcript Motion
The audio/video deposition transcript must include all required deposition-officer certifications under Sup.R. 13 and the officer’s deposition log.
The audio/video version of the deposition transcript shall include all necessary certifications of the officer who took the audio/video deposition in compliance with Sup.R. 13. The officer’s log of the deposition shall be included with the certification.
Document Type
Audio Video Deposition Transcript
The Clerk will not accept a written deposition transcript unless it is accompanied by a Notice of Filing Deposition Transcript and a Certification of Compliance.
The Clerk shall not accept any written deposition transcript unless it is accompanied by a Notice of Filing Deposition Transcript and Certification of Compliance.
Document Type
Written Deposition Transcript
The Notice of Filing Deposition Transcript must identify the deponent and deposition date and include the deposition officer’s Civ.R. 30 certification; the Certification of Compliance must certify counsel’s compliance with Rule 2.08 and Rule 6.04(D).
The Notice of Filing Deposition Transcript shall identify the deponent and the date the deposition was taken and include the certification of the officer who took the deposition in compliance with Civ.R. 30. The Certification of Compliance shall include a certification from counsel that the written deposition transcript is being filed in compliance with this Rule and Rule 6.04(D).
Document Type
Written Deposition Transcript
The court will not permit an audio/video deposition to be presented at trial or hearing unless the corresponding written transcript has been filed under Rule 2.08.
The court shall not accept or permit the audio/video version of the deposition transcript to be presented at trial or hearing unless a written transcript of the deposition has been filed in accordance with this Rule.
Document Type
Audio Video Deposition Transcript
A request to record or photograph court proceedings must include certification that the requester is familiar with the cited rules.
I certify that I am familiar with the contents of Mont. Co. C.P.R. 11.01 through Mont. Co. C.P.R. 11.04 and Rule 12 of the Rules of Superintendence for the Courts of Ohio.
Document Type
Request To Record Or Photograph Court Proceedings
A record must be made of all proceedings before the Magistrate.
A record shall be made of all proceedings before a Magistrate.
Document Type
Proceeding Record
After a jury trial, findings of fact and conclusions of law are unnecessary, but the Magistrate must file a journalized entry reporting the jury's actions.
No findings of fact and conclusions of law are required after a jury trial, but the Magistrate shall file a journalized entry reporting the actions of the jury.
Document Type
Journalized Entry
Objections and memoranda supported by a video must cite a specific time designation from the recording.
All objections and memoranda supported by a video shall cite to a specific time designation on the recording.
Document Type
Objections And Memoranda
After a hearing or trial, the Magistrate must issue a decision containing findings of fact and conclusions of law unless the Assigned Judge orders otherwise.
In accordance with Civ.R. 53, after a hearing or trial, the Magistrate shall issue a Magistrate’s Decision, including findings of fact and conclusions of law, unless otherwise ordered by the Assigned Judge.
Document Type
Magistrates Decision
If no objections to the Magistrate's Decision are filed, the Magistrate must prepare and submit a judgment entry to the Assigned Judge for approval.
If no objections to the Magistrate’s Decision are filed, the Magistrate shall prepare and submit a judgment entry to the Assigned Judge for approval.
Document Type
Judgment Entry
An attorney’s conformed signature block must include the attorney’s name, bar number, party representation, firm, address, telephone number, and any applicable facsimile and business email information.
The correct format for an attorney’s conformed signature is as follows: /s/Attorney Name Attorney Name [name] Bar Number 1234567 Attorney for [Plaintiff/Defendant] XYZ Corporation ABC Law Firm Address Telephone Number Facsimile Number (if any) Business E-mail address (if any)
Document Type
Efiled Document
Every e-filed document must have an appropriate title matching the Document Type Category selected in the e-File System.
All e-Filed documents must have an appropriate title that matches the “Document Type Category” that is selected in the e-File System.
Document Type
Efiled Document
An e-filed document requiring an attorney’s or filing party’s signature must use the conformed signature format “/s/ [name].”
e-Filed documents that require the signature of the attorney or filing party shall be signed with a conformed signature of “/s/ [name].”
Document Type
Efiled Document
A pro se party’s conformed signature block must include the party’s name, address, telephone number, and any applicable facsimile and personal email information.
The correct format for a pro se party’s conformed signature is as follows: /s/Party Name Party Name [name] Address Telephone Number Facsimile Number (if any) Personal E-mail Address (if any)
Document Type
Efiled Document
In all criminal filings, an alleged victim must be identified only as “alleged victim” or by initials.
In all criminal filings, an alleged victim shall be identified only as “alleged victim” or by initials.
Document Type
Criminal Filing
A filer seeking to file a document under seal must also submit a proposed order designating the requested level of access.
The filer shall also submit a proposed order, as provided in Rule 6.03, designating the level of access.
Document Type
Motion To Seal
An audio or video deposition transcript must include the required deposition-officer certifications and the officer’s deposition log.
(3) Certification Required. The audio/video version of the deposition transcript shall include all necessary certifications of the officer who took the audio/video deposition in compliance with Sup.R. 13. The officer’s log of the deposition shall be included with the certification.
Document Type
Audio Video Deposition
After approval of a non-appeal transcript motion, the requester must send the Judicial Assistant a time-stamped order and completed Request Form identifying the proceeding dates.
If the Assigned Judge grants the motion and signs the order, a time-stamped copy of the order with a completed Request Form must be sent to the Judicial Assistant for the Assigned Judge in person, by e-mail, or regular mail. The Request Form must indicate the specific date(s) of the proceeding(s) to be transcribed.
Document Type
Non Appeal Transcript Request
Filing & Service rules
Electronic Filing Rules
The e-File System must confirm receipt and include the receipt date and time as proof of receipt.
Upon receipt, the e-File System shall issue a confirmation that the submission has been received. The confirmation shall include the date and time of receipt and serve as proof of receipt.
Page 1 | Receipt
For an indigent criminal defendant’s appeal, the Judicial Assistant must electronically file the transcript with the Second District Court of Appeals.
The Judicial Assistant shall file an electronic copy of the transcript with the Clerk of the Second District Court of Appeals.
Page 1 | (B) Requests for Appeal Transcripts — (3) Appeal Requests by Indigent Criminal Defendants — (b)
All written deposition transcripts, including attachments and exhibits, must be filed through the court’s e-File System unless Rule 2.06 provides otherwise.
Except as otherwise provided in Rule 2.06, all written deposition transcripts, including attachments and exhibits, shall be filed through the court’s e-File System in accordance with Rule 2.01 and Civ.R. 30.
Page 1 | Rule 2.08 Deposition Testimony (A) Filing of Written Deposition Transcript
A video used in lieu of a transcript must be filed in digital format.
If an objecting party is using a video in lieu of a transcript, the video shall be filed in digital format.
Page 1 | Rule 6.14(D)(2) Filing the Record
Documents submitted for in camera review must be submitted in paper form.
Documents submitted for in camera review, as provided in Rule 2.07;
Page 10 | SECTION 2. FILING REQUIREMENTS
Attorneys must register with the e-File System.
All attorneys must register with the e-File System.
Page 10 | SECTION 2. FILING REQUIREMENTS
Documents under seal, submitted for in camera review, unable to be comprehensively viewed as a PDF, or related to certificates or executions of judgment must be submitted in paper form.
The following documents shall be submitted in paper form instead of through the e-File System:
Page 10 | SECTION 2. FILING REQUIREMENTS
Documents filed under seal and designated “Judge Access Only” must be submitted in paper form.
Documents filed under seal and designated “Judge Access Only,” as provided in Rule 2.06;
Page 10 | SECTION 2. FILING REQUIREMENTS
Unless an exception applies, all documents filed with the Clerk must be submitted through the e-File System.
Unless otherwise set forth in this Rule, all documents filed with the Clerk must be submitted through the e-File System.
Page 10 | SECTION 2. FILING REQUIREMENTS
Documents related to certificates or executions of judgment must be submitted in paper form.
Documents related to Certificates or Executions of Judgment.
Page 10 | SECTION 2. FILING REQUIREMENTS
Exhibits, attachments, and other documents that cannot be comprehensively viewed as a PDF must be submitted in paper form.
Exhibits, attachments, or other documents that cannot be comprehensively viewed as a .pdf;
Page 10 | SECTION 2. FILING REQUIREMENTS
Documents requiring an original signature must be e-filed as PDFs, retained by the filer for court production, and preserved until the case and applicable appeal and post-judgment periods are concluded.
Documents requiring an original signature, such as an affidavit or other notarized documents, shall be e-Filed as a .pdf. The filer shall maintain the signed document in the filer’s records and have it available for production upon request of the court. The signed document shall be maintained until the case is closed and the time for appeal has expired, or the appeal has been heard or denied and all opportunities for post-judgment relief are exhausted.
Page 12 | Rule 2.02 Form of Court Documents
For a document requiring multiple signatures, the filer must confirm all signers’ approval, indicate each signer’s agreement, and e-file the document while identifying the signatories through conformed signatures.
When a stipulation or other document requires two or more signatures, the filer shall: (i) confirm that the content of the document is acceptable to all persons required to sign the document; (ii) indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line; and (iii) e-File the document, indicating the signatories, e.g., /s/ Paralegal Jane Doe, /s/ John Smith, etc.
Page 12 | Rule 2.02 Form of Court Documents
During an unexpected e-file system outage, documents may be filed in paper format to meet jurisdictional deadlines.
In the event of an unexpected e-File System outage, documents may be filed in paper format to comply with jurisdictional deadlines.
Page 13 | Rule 2.04 e-File System Errors
Unless Rule 2.06 provides otherwise, written deposition transcripts, including attachments and exhibits, must be filed through the court’s e-File System.
(2) e-Filing and Redaction. Except as otherwise provided in Rule 2.06, all written deposition transcripts, including attachments and exhibits, shall be filed through the court’s e-File System in accordance with Rule 2.01 and Civ.R. 30.
Page 16 | Rule 2.08
Criminal-case indictments must be electronically filed under the court's rules and served on defendants under the Ohio Rules of Criminal Procedure.
Indictments in criminal cases shall be submitted for e-Filing in compliance with these Rules and shall be served on defendants according to the Ohio Rules of Criminal Procedure.
Page 20 | Rule 4.01 Service
All filings signed by a judge or other judicial officer must be filed electronically.
Subject to the provisions of these Rules, all filings signed by a Judge or other judicial officer shall be eFiled.
Page 21 | (C) Judicial Filings
CQE petitions must use the prescribed Division of Parole and Community Services form and be filed through the designated website.
All petitions for a certificate of qualification for employment (“CQE”) shall be made on the form prescribed by the Division of Parole and Community Services under Ohio Adm.Code 5120-15-01 and filed through the designated website at https://drccqe.com.
Page 41 | Rule 6.13 Certification of Qualification for Employment — (A) Filing of Petition
For an indigent criminal defendant's appeal, the transcriptionist or stenographer must file a paper transcript copy with the Second District Court of Appeals clerk.
The Court’s Transcriptionist or the stenographer shall file a paper copy of the transcript with the Clerk of the Second District Court of Appeals.
Page 73 | SECTION 10. TRANSCRIPTS AND RECORDING OF COURT PROCEEDINGS
For an indigent criminal defendant's appeal, the Judicial Assistant must file an electronic transcript copy with the Second District Court of Appeals clerk.
The Judicial Assistant shall file an electronic copy of the transcript with the Clerk of the Second District Court of Appeals.
Page 73 | SECTION 10. TRANSCRIPTS AND RECORDING OF COURT PROCEEDINGS
Criminal indictments must be electronically filed in compliance with the governing rules and served on defendants under the Ohio Criminal Rules.
Indictments in criminal cases shall be submitted for e-Filing in compliance with these Rules and shall be served on defendants according to the Ohio Rules of Criminal Procedure.
Page 1 | Indictments in Criminal Cases
Documents designated for “No Remote Access by Public” must be filed electronically under Rule 2.01.
“No Remote Access by Public” means the documents shall be e-Filed pursuant to Rule 2.01.
Page 1 | (D)(1) Method of Filing
Documents designated for “No Remote or Direct Access by Public” must be filed electronically under Rule 2.01.
“No Remote or Direct Access by Public” means the documents shall be e-Filed pursuant to Rule 2.01.
Page 1 | (D)(2) Method of Filing
Mediation conference statements must not be filed with the court.
Mediation conference statements are not to be filed.
Page 1 | Rule 7.05 Mediation Conference Statement
During an unexpected e-File System outage, documents may be filed in paper to meet jurisdictional deadlines.
In the event of an unexpected e-File System outage, documents may be filed in paper format to comply with jurisdictional deadlines.
Page 1 | Rule 2.04 e-File System Errors (C) Paper Filing
Filings signed by a judge or other judicial officer must be electronically filed.
Subject to the provisions of these Rules, all filings signed by a Judge or other judicial officer shall be eFiled.
Page 1 | Rule 4.02(C) Judicial Filings
CQE petitions must be filed electronically through the designated website at https://drccqe.com.
All petitions for a certificate of qualification for employment (“CQE”) shall be made on the form prescribed by the Division of Parole and Community Services under Ohio Adm.Code 5120-15-01 and filed through the designated website at https://drccqe.com.
Page 1 | Rule 6.13 Certification of Qualification for Employment (A) Filing of Petition
The Clerk must accept a judicial filing despite an allegedly inappropriate e-filing category, contact the judicial officer for clarification, add appropriate distribution queues, and file the submission.
In accordance with R.C. 2303.08 and State ex rel. Office of the Montgomery Cty. Pub. Defender v. Siroki, 2006-Ohio-1065, the Clerk shall not reject any decision, order, or entry submitted by any judge or other judicial officer of this court on the basis that Clerk staff believes that the filing was submitted under an inappropriate “Document Type Category” in the e-Filing system. In such event, Clerk staff shall contact the judicial officer for clarification, add any appropriate e-Filing queues for distribution, and accept the submission for filing.
Page 1 | Rule 2.02 Form of Court Documents (E) No Rejection of Judicial Filings
All attorneys must register with the e-File System.
All attorneys must register with the e-File System.
Page 1 | Rule 2.01 Filing of Court Documents — (A) e-Filing Generally — (3) Registration
Each registered user must maintain a confidential username and password and is responsible for their security and use.
An individual registered with the e-File System shall maintain a confidential user name and password that will be used to file, serve, receive, review, and retrieve e-Filed documents in a case. Each person registered with the e-File System shall be responsible for the security and use of such user name and password.
Page 1 | Rule 2.01 Filing of Court Documents — (B) Confidential User Name and Password
The e-File System must be used to file, serve, receive, review, and retrieve copies of all e-filed documents in civil and criminal cases unless the rules specifically provide otherwise.
The e-File System shall be used to file, serve, receive, review, and retrieve copies of all e-Filed documents in civil or criminal cases, except as otherwise specifically provided in these Rules.
Page 1 | Rule 2.01 Filing of Court Documents — (A) e-Filing Generally — (3) Registration
Filing Timing and Cure Windows
An accepted submission is docketed, filed, and added to the official court record.
If the submission is accepted, the document shall be docketed and filed and become part of the official court record.
Page 1 | Clerk Review
A rejected document does not enter the official record and must be resubmitted to satisfy the requirements, resulting in a new submission date and time.
If the submission is rejected, the document shall not become part of the official court record and the filer shall be required to resubmit the document to meet the requirements. The resubmitted document shall receive a new submission date and time.
Page 1 | Clerk Review
A submission is deemed filed upon acceptance and receives an electronic stamp showing its submission date, submission time, and unique confirmation number.
An accepted submission shall be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the e-File System as well as the unique confirmation number of the filing.
Page 1 | Official Time Stamp
After Clerk Review, the Clerk must notify the filer whether the submission was rejected or accepted.
After Clerk Review, a filer will receive notification from the Clerk that the submission has been rejected or accepted by the Clerk.
Page 1 | Clerk Review
If the appropriate party does not prepare and present the proposed judgment entry within 30 days after a verdict, decree, or decision, the Assigned Judge must prepare and file it.
If a proposed judgment entry under Civ.R. 58 or Crim.R. 32 is not prepared and presented by the appropriate party within 30 days of a verdict, decree or decision, the entry shall be prepared and filed by the Assigned Judge.
Page 1 | Rule 6.07 Judgment — (C) Entry of Judgment
A judgment becomes effective when its judgment entry is filed and journalized with the Clerk.
The judgment of the court shall be effective upon the filing and journalization of a judgment entry with the Clerk.
Page 1 | Rule 6.07 Judgment — (C) Entry of Judgment
The Clerk must reject a motion to revive a dormant judgment for filing if Instructions for Service are not filed with it.
Failure to file Instructions for Service with a motion to revive a dormant judgment shall result in the motion being rejected for filing by the Clerk.
Page 1 | Rule 6.07 Judgment — (E) Motions to Revive Judgment
If the appellee files a memorandum, it must do so within 30 days after service of the appellant's memorandum.
The appellee shall file a memorandum, if any, within 30 days after service of appellant’s memorandum.
Page 1 | Rule 6.12 Appeal from Administrative Agencies
The appellant must file the assignment of errors, memorandum, and all other essential papers within 40 days after the transcript is filed, and failure to timely file the memorandum and assignment of errors may result in dismissal.
The appellant shall file an assignment of errors, memorandum, and all other essential papers within 40 days of the filing of the transcript. Failure to file a memorandum and assignment of errors within the requisite period of time may result in dismissal of the appeal.
Page 1 | Rule 6.12 Appeal from Administrative Agencies
The party who removed a case to federal court must file a complete federal docket and copies of all substantive federal decisions within 10 days after issuance of the remand order.
In any matter remanded to this court following removal of any case to federal court, the party who removed the action shall, within 10 days of the issuance of the remand order, file: (1) a complete copy of the case docket from the federal court, and (2) copies of all substantive decisions issued by the federal court while the matter was pending there.
Page 1 | Rule 6.11 Procedure After Remand — (B) Remand from Federal Court
Parties must file a Notice of Remand with a copy of the appellate remand decision within 10 days after the decision issues.
To advise the court that a matter has been remanded, the parties shall file a Notice of Remand within 10 days after the appellate decision is issued, along with a copy of that decision.
Page 1 | Rule 6.11 Procedure After Remand — (A) Remand from State Appellate Courts
Unless the court orders otherwise, written deposition transcripts must be filed before the pretrial-statement deadline or seven days before trial, whichever is earlier.
In addition to the requirements set forth in Civ.R. 30, 31, and 32, and in Sup.R. 13, unless otherwise ordered by the court, written deposition transcripts shall be filed prior to the deadline for filing the pretrial statement(s) or seven days prior to trial, whichever is earlier.
Page 1 | Rule 2.08 Deposition Testimony (A) Filing of Written Deposition Transcript
An audio/video deposition intended for trial or a hearing must be submitted to the court, rather than the Clerk, at least five Court Days before the proceeding unless the court orders otherwise.
If an audio/video version of a deposition is to be presented at trial or a hearing, the party presenting the audio/video version of the deposition shall submit the audio/video version of the deposition to the court, not the Clerk, five Court Days prior to the trial or hearing, unless otherwise ordered by the court.
Page 1 | Rule 2.08 Deposition Testimony (B) Use of Audio/Video Version of Deposition at Trial or Hearing
Any party must timely file objections and supporting memoranda in accordance with the applicable civil rule.
Objections and memoranda in support of objections shall be timely filed by any party in accordance with Civ.R. 53 or Civ.R. 65.1, as applicable.
Page 1 | Rule 6.14(D)(1) Timely Filing
An objecting party filing a transcript must do so within 30 days after filing the objections.
If an objecting party files a transcript, it must be filed within 30 days from the filing of the objections.
Page 1 | Rule 6.14(D)(2) Filing the Record
A party must file a memorandum in opposition to objections within 14 days after the objections are filed.
A memorandum in opposition to objections must be filed by a party within 14 days after objections are filed.
Page 1 | Rule 6.14(D)(1) Timely Filing
Clerk staff may not reject a judicial officer’s decision, order, or entry because of an allegedly inappropriate e-filing category and instead must seek clarification, add appropriate distribution queues, and accept the filing.
In accordance with R.C. 2303.08 and State ex rel. Office of the Montgomery Cty. Pub. Defender v. Siroki, 2006-Ohio-1065, the Clerk shall not reject any decision, order, or entry submitted by any judge or other judicial officer of this court on the basis that Clerk staff believes that the filing was submitted under an inappropriate “Document Type Category” in the e-Filing system. In such event, Clerk staff shall contact the judicial officer for clarification, add any appropriate e-Filing queues for distribution, and accept the submission for filing.
Page 11 | Rule 2.02 Form of Court Documents
An accepted e-file submission is deemed filed and receives an electronic stamp showing the submission date, submission time, and unique confirmation number.
An accepted submission shall be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the e-File System as well as the unique confirmation number of the filing.
Page 13
For an unexpected e-file system outage, the Clerk must post notice on the Clerk’s website and e-file portal as soon as practicable and no later than one hour after the outage.
If an e-File System outage is unexpected, the Clerk shall, as soon as practicable, but no later than one hour after the outage, post a message on the Clerk’s website and on the e-File System’s portal to alert filers of the outage.
Page 13 | Rule 2.04 e-File System Errors
After Clerk Review, a rejected submission must be resubmitted and receives a new submission date and time, while an accepted submission is docketed, filed, and added to the official record.
After Clerk Review, a filer will receive notification from the Clerk that the submission has been rejected or accepted by the Clerk. If the submission is rejected, the document shall not become part of the official court record and the filer shall be required to resubmit the document to meet the requirements. The resubmitted document shall receive a new submission date and time. If the submission is accepted, the document shall be docketed and filed and become part of the official court record.
Page 13
A newly e-filed non-confidential civil complaint is available for viewing immediately upon receipt, but it is not docketed, filed, or part of the official record until Clerk Review.
Immediately upon receipt of a newly e-Filed, non-confidential civil complaint, the Clerk will make the complaint available for viewing. Any document available for viewing as a pending submission has not undergone a Clerk Review and is not docketed and filed and has not become part of the official record.
Page 13
An audio or video deposition intended for presentation at trial or hearing must be submitted to the court, rather than the Clerk, at least five court days beforehand unless the court orders otherwise.
(1) Submission to Court. If an audio/video version of a deposition is to be presented at trial or a hearing, the party presenting the audio/video version of the deposition shall submit the audio/video version of the deposition to the court, not the Clerk, five Court Days prior to the trial or hearing, unless otherwise ordered by the court.
Page 16 | Rule 2.08
Unless the court orders otherwise, written deposition transcripts must be filed before the pretrial-statement deadline or seven days before trial, whichever is earlier.
(A) Filing of Written Deposition Transcript (1) Deadline for Filing. In addition to the requirements set forth in Civ.R. 30, 31, and 32, and in Sup.R. 13, unless otherwise ordered by the court, written deposition transcripts shall be filed prior to the deadline for filing the pretrial statement(s) or seven days prior to trial, whichever is earlier.
Page 16 | Rule 2.08
If a motion for default judgment is not filed within a court-determined reasonable time, the filing party must be notified to file one within 14 days.
If a motion for default judgment is not filed within a reasonable time, as determined by the court, the filing party shall be notified to file a motion for default judgment within 14 days.
Page 27 | SECTION 6. CIVIL PROCEEDINGS
If the appropriate party does not prepare and present a proposed judgment entry within 30 days after a verdict, decree, or decision, the Assigned Judge must prepare and file the entry.
If a proposed judgment entry under Civ.R. 58 or Crim.R. 32 is not prepared and presented by the appropriate party within 30 days of a verdict, decree or decision, the entry shall be prepared and filed by the Assigned Judge.
Page 32 | Rule 6.07(C) Entry of Judgment
Failure to timely file the required certificate is grounds to deny confirmation of the judicial sale.
Failure to timely file the Certificate of Service required by this Subsection shall constitute grounds for denial of the confirmation of sale.
Page 34 | Rule 6.09(D)(2) Required Filing
The Certificate of Service of Notice of Sale Date is due no later than 14 days before the scheduled sale date.
Not less than 14 days prior to the scheduled sale date, the party requesting the sale shall file a Certificate of Service of Notice of Sale Date specifying the date and manner of service of the notice required by R.C. 2329.26(A)(1)(a)(i), the names and addresses of all record owner(s) and interested parties or counsel of record for the record owner(s), and interested parties who were sent the notice.
Page 34 | Rule 6.09(D)(2) Required Filing
A Confirmation Entry that has not been approved by the successful bidder or bidders may not be filed until the 30-day title examination period has expired.
A Confirmation Entry not approved by the successful bidder(s) shall not be filed until the 30-day period has expired.
Page 35 | Confirmation of Sale
Within 30 days after completing receiver duties, the receiver must file a final account with supporting records, receipts, or vouchers for approval by the appointing judge.
(e) Within 30 days after a receiver’s duties are completed, the receiver shall file a final account and appropriate records, receipts, or vouchers. All accounts must be approved by the Judge who appointed the receiver.
Page 39 | Receiver Duties
No receivership property sale may be made to a former owner or an interested person until notice fixing a sale-confirmation date is served on all creditors, and the receiver must file the required affidavit within 10 days after the sale.
(2) Property Sale. No sale shall be made to a former owner or any person interested in the business or operation of the receivership until notice is served on all creditors fixing a date for confirmation of the sale. Sales of property shall be for the best price obtainable. A receiver must file an affidavit to this effect within 10 days after the sale.
Page 39 | Receiver Sale of Property
The Clerk must notify the court and public of every e-File System outage.
The Clerk shall notify the court and the public of any outage within the e-File System.
Page 1 | Rule 2.04 e-File System Errors
Service and Proof of Service Rules
All filed Discovery Documents must be served in accordance with Rule 4.02 and Civ.R. 5.
All Discovery Documents filed shall be served in accordance with Rule 4.02 and Civ.R. 5.
Page 2 | Rule 6.04 Discovery, (D)(2) Service
When a party’s request for service by publication is granted, notice must be served by publication under Civ.R. 4.4 unless otherwise provided by law; publication may be made in the Daily Law Journal, the court-designated journal.
If a party requests service by publication, and such request is granted by the court, service of notice shall be made by publication in accordance with Civ.R. 4.4, unless otherwise provided by law. Publication may be made in the Daily Law Journal published by Cox Media Group, which has been designated as the journal of the court as authorized by R.C. 2701.09.
Page 1 | Rule 4.03 Service by Publication
The filing party, not the Clerk, must serve a copy of a signed judgment-by-confession entry in accordance with Civil Rule 5.
When a proposed judgment entry is submitted to the Assigned Judge for signature via the court’s e-Filing system, the filing party, not the Clerk, shall be responsible for serving a copy of the signed judgment entry in accordance with Civ.R. 5.
Page 1 | Rule 6.07 Judgment — (B) Judgment by Confession — (2) Judgment Entry
The summons for a motion to revive a dormant judgment must be served in accordance with Civil Rule 4.
Summons of a motion to revive a dormant judgment shall be served in accordance with Civ.R. 4.
Page 1 | Rule 6.07 Judgment — (E) Motions to Revive Judgment
The filing party, rather than the Clerk, must serve a copy of the signed proposed default judgment entry in accordance with Civil Rule 5.
When a proposed default judgment entry is submitted to the Assigned Judge for signature pursuant to Rule 6.03(B)(1), the filing party, not the Clerk, is responsible for serving a copy of the signed default judgment entry in accordance with Civ.R. 5.
Page 1 | Rule 6.07 Judgment — (A) Default Judgment
The filing party must serve documents filed after the original complaint or indictment, other than summons-requiring filings, and include the applicable certificate of service.
It is the responsibility of the filing party to serve all documents filed subsequent to the original complaint or Indictment, except for those filings that require service of summons. The party must include a certificate of service in accordance with the applicable Rule of Civil Procedure or Rule of Criminal Procedure.
Page 20 | Rule 4.02 Service of Filings Subsequent to the Original Complaint or Indictment
Defendants must be served with criminal-case indictments in accordance with the Ohio Rules of Criminal Procedure.
Indictments in criminal cases shall be submitted for e-Filing in compliance with these Rules and shall be served on defendants according to the Ohio Rules of Criminal Procedure.
Page 20 | Rule 4.01 Service
The filer must serve a paper copy of subsequent filings on pro se parties who are not registered users of the court's e-File System.
The filer shall serve a paper copy of any filing subsequent to the Indictment or original complaint on pro se parties who are not registered users of the court’s e-File System, in accordance with Civ.R. 5 and Crim.R. 49.
Page 20 | Rule 4.02 Service of Filings Subsequent to the Original Complaint or Indictment
The Clerk defaults to service by commercial carrier, and the Instructions for Service must identify any other Civil Procedure service method requested.
The default method of service by the Clerk is by commercial carrier. If service is to be made by any method of service permitted by the Ohio Rules of Civil Procedure other than commercial carrier, the Instructions for Service must so specify.
Page 20 | Rule 4.01 Service
Automatic electronic service is provided to registered participants when a document is e-filed, and the electronic-filing notification constitutes service under the applicable Civil and Criminal Rules.
Once a document is e-Filed, a Notification of Electronic Filing will be automatically served on all parties who are registered case participants in the e-File System. The Notification of Electronic Filing shall constitute service under Civ.R. 5 and Crim.R. 49.
Page 20 | Rule 4.02 Service of Filings Subsequent to the Original Complaint or Indictment
All pleadings and other documents requiring service under the Ohio Rules of Civil Procedure must be served in compliance with Civil Rules 4 through 5.
All pleadings and other documents required to be served under the Ohio Rules of Civil Procedure shall be served in accordance with Civ.R. 4 through Civ.R. 5.
Page 20 | Rule 4.01 Service
Unregistered pro se parties served by regular U.S. mail or a commercial carrier receive a three-day response extension, while parties and counsel served electronically do not receive that extension.
In accordance with Civ.R. 6, pro se parties who are not registered users of the court’s e-File System and who are served by regular U.S. mail or commercial carrier shall receive a three-day extension of time to respond or perform any right, duty, or act. Parties and counsel of record served via the Notification of Electronic Filing are not entitled to the three-day extension.
Page 21 | (E)(1) Three-Day Extension
Electronic service is complete when the court generates the notification, but electronic documents served after 5:00 p.m. local time are deemed served the next day.
For pro se parties who are registered users of the court’s e-File System and counsel of record, service of all documents filed subsequent to the Indictment or original complaint shall be deemed complete at the time the Notification of Electronic Filing is generated by the court’s e-File System. However, documents served in this manner after 5:00 p.m. local time shall be deemed served on the next day.
Page 21 | (E) Service Date and Time to Respond or Act
A proof of service complying with the applicable civil or criminal procedural rules must accompany documents filed after the indictment or original complaint that require service.
Proof of service of all documents filed subsequent to the Indictment or original complaint that are required to be served shall be made in compliance with Civ.R. 5 and Crim.R. 49.
Page 21 | (D) Certificate of Service
The court’s electronic filing notification constitutes service on parties registered to use the court’s e-File System.
The court’s e-File System shall generate a Notification of Electronic Filing for all such judicial filings, which shall constitute service under Civ.R. 5 and Crim.R. 49, to parties who are registered users of the court’s e-File System.
Page 21 | (C) Judicial Filings
When the court signs an entry or order, the submitting filer must serve it on unregistered pro se parties in accordance with the applicable procedural rules.
If the court signs an entry or order submitted by a filer for signature, the filer, not the court or Clerk, shall serve the signed entry or order on pro se parties who are not registered users of the court’s e-File System in accordance with Civ.R. 5 and Crim.R. 49.
Page 21 | (C) Judicial Filings
A filing party notified that service failed must reissue service within 14 days after the notice is filed.
If service fails on any defendant or party, the filing party shall be notified to reissue service within 14 days of the filing of such notification.
Page 27 | SECTION 6. CIVIL PROCEEDINGS
A plaintiff must file a returned waiver of service by the time provided by Civ.R. 4.7 or, after notice, must file the waiver or issue service within 14 days.
If a plaintiff has requested that a defendant waive service of summons, the plaintiff shall file the waiver of service that was signed and returned by the defendant. If the plaintiff fails to file the defendant’s waiver of service within the time provided by Civ.R. 4.7, the court shall notify the plaintiff to either file the waiver of service or to issue service on the defendant within 14 days of the filing of such notification.
Page 27 | SECTION 6. CIVIL PROCEEDINGS
A motion that may not be heard ex parte must include proof of service under Civ.R. 5 and Rule 4.02(D).
Unless the motion may be heard ex parte, proof of service in accordance with Civ.R. 5 and Rule 4.02(D).
Page 28 | SECTION 6. CIVIL PROCEEDINGS
All discovery documents that are filed must be served in accordance with Rule 4.02 and Civil Rule 5.
(2) Service. All Discovery Documents filed shall be served in accordance with Rule 4.02 and Civ.R. 5.
Page 30 | Rule 6.04(D)(2)
A proponent must provide copies of written materials intended for introduction into evidence to the court and opposing counsel at the final pretrial conference.
If written materials are to be read into evidence, copies of such materials shall be provided by the proponent to the court and opposing counsel at the final pretrial conference.
Page 31 | Rule 6.05(C) Written Materials Read Into Evidence
The filing party, rather than the Clerk, must serve a copy of the signed judgment entry in accordance with Civil Rule 5 when the entry is submitted through the court’s e-Filing system.
When a proposed judgment entry is submitted to the Assigned Judge for signature via the court’s e-Filing system, the filing party, not the Clerk, shall be responsible for serving a copy of the signed judgment entry in accordance with Civ.R. 5.
Page 32 | Rule 6.07(B)(2) Judgment Entry
The filing party, rather than the Clerk, must serve a copy of the signed proposed default judgment entry in accordance with Civil Rule 5.
When a proposed default judgment entry is submitted to the Assigned Judge for signature pursuant to Rule 6.03(B)(1), the filing party, not the Clerk, is responsible for serving a copy of the signed default judgment entry in accordance with Civ.R. 5.
Page 32 | Rule 6.07(A) Default Judgment
The summons for a motion to revive a dormant judgment must be served under Civil Rule 4.
Summons of a motion to revive a dormant judgment shall be served in accordance with Civ.R. 4.
Page 33 | (E) Motions to Revive Judgment
When the Sheriff is conducting the sale, the requesting party must serve the file-stamped cancellation entry or bankruptcy petition on the Sheriff before the sale.
If the sale was to be conducted by the Sheriff, the party requesting the cancellation shall serve a copy of the file-stamped entry or bankruptcy petition on the Sheriff prior to the sale.
Page 36 | (H) Cancellation of Sale
For a receiver hearing involving a real-estate sale, the moving party must serve hearing notice on the property owner no later than three days before the hearing.
If the hearing on the motion to appoint a receiver involves an action for the sale of real estate, the moving party shall serve notice of the hearing on the property owner no later than three days before the hearing.
Page 37 | Rule 6.10 Special Remedies – Receiverships
The moving party must serve hearing notice on interested parties by attachment to the complaint and original summons or by certified mail, unless notice would cause irreparable harm to the plaintiff.
The moving party shall serve notice of the hearing on interested parties either by attachment to the complaint and original summons, or by certified mail in accordance with the Ohio Rules of Civil Procedure, unless the court finds that the time taken to give notice will result in irreparable harm to the plaintiff.
Page 37 | Rule 6.10 Special Remedies – Receiverships
A receiver appointed under R.C. 2735.01(A)(6) must provide written notification to all public authorities that may have claims against the receivership within 30 days.
Provide written notification to all public authorities that may have claims against the receivership;
Page 38 | Rule 6.10 Special Remedies – Receiverships
A receiver appointed under R.C. 2735.01(A)(6) must notify all known creditors by mail or publication, as directed by the court, of the claims deadline and the consequence of missing it.
Give notice by mail or by publication, as directed by the court, to all known creditors that the creditors must file any claims within a certain time and that, unless a creditor files its claims by the specified time, the creditor will not be permitted to file any claim without an order of the court;
Page 38 | Rule 6.10 Special Remedies – Receiverships
Notice of a receivership property sale must be provided to all creditors who filed claims and all interested parties.
(1) Notice. When it becomes necessary to sell property, notice of such sale shall be given to all creditors who have filed claims and to all interested parties. The notice must include the time, place and terms of the sale.
Page 39 | Receiver Sale of Property
The receiver must serve notice of the final account hearing on anyone who may have an interest in the receivership estate.
The receiver must serve notice of the hearing on any person who may have an interest in the receivership estate.
Page 4 | Discharge of Receivership — Settling Accounts
Filing Fees and Waivers
The filing fee for release of a certificate of judgment is $5.00, although additional fees may apply when an execution case is pending against the party on an Ohio state lien.
Release of Certificate of Judgment (Note: If a party filing for release of a certificate of judgment has an execution case pending against the party on an Ohio state lien, there may be additional fees. Please contact the Clerk to calculate any additional fee.) $5.00
Page 1 | Certificates of Judgment
The filing fee for a Certification of Qualification for Housing is $50.00.
Certification of Qualification for Housing $50.00
Page 1 | Civil Complaints
The filing fee for an Ohio state lien is $40.00.
Filing of Ohio state lien $40.00
Page 1 | Miscellaneous
The fee for photocopies is $0.10 per page.
Photocopies (per page) $0.10
Page 1 | Miscellaneous
The fee for a full-day witness is $12.00.
Witness Fee – full day $12.00
Page 1 | Miscellaneous
The filing fee for a motion to revive a dormant judgment is $50.00.
Motion to Revive Dormant Judgment $50.00
Page 1 | Miscellaneous
The fee for preparing a certificate of judgment for a foreign county is $5.00.
Prepare Certificate of Judgment for Foreign County $5.00
Page 1 | Certificates of Judgment
The filing fee for an order in aid of discovery in debtor examinations is $50.00.
Order in Aid Proceedings (Debtor Exams) $50.00
Page 1 | Executions
The filing fee for an Order in Aid Proceeding involving a bank attachment is $50.00, and a separate proceeding is required for each bank attachment.
Order in Aid Proceedings (Bank Attachment) (Note: In addition to the filing fee, the filing party must include a $1 check made payable to the bank (“Bank Charge”). A separate Order in Aid Proceeding, including the filing fee and Bank Charge, is required for each bank attachment.) $50.00
Page 1 | Executions
A bank-attachment Order in Aid Proceeding requires an additional $1 check payable to the bank, with a separate proceeding and charges required for each bank attachment.
In addition to the filing fee, the filing party must include a $1 check made payable to the bank (“Bank Charge”). A separate Order in Aid Proceeding, including the filing fee and Bank Charge, is required for each bank attachment.
Page 1 | Executions
The filing fee for executions against chattels is $50.00.
Executions Against Chattels $50.00
Page 1 | Executions
The filing fee for a Certification of Qualification for Employment is $50.00.
Certification of Qualification for Employment $50.00
Page 1 | Civil Complaints
The filing fee for a Writ of Restitution is $65.00.
Writ of Restitution $65.00
Page 1 | Miscellaneous
The fee for a certified copy is $1.00 per page.
Certified Copies (per page) $1.00
Page 1 | Miscellaneous
The fee for a praecipe for an authenticated judgment is $5.00.
Praecipe for Authenticated Judgment $5.00
Page 1 | Miscellaneous
The filing fee for filing a certificate of judgment is $30.00.
Filing of Certificate of Judgment $30.00
Page 1 | Certificates of Judgment
The filing fee for a notice of appeal to the Second District Court of Appeals is $100.00.
Second District Court of Appeals – Notice of Appeal $100.00
Page 1 | Civil Complaints
The fee for preparing a certificate of judgment for Montgomery County is $35.00.
Prepare Certificate of Judgment for Montgomery County $35.00
Page 1 | Certificates of Judgment
The fee for the Official Public Sheriff Sale Website or Integrated Auction Management System license for all foreclosure complaints is $500.00.
Official Public Sheriff Sale Website / Integrated Auction Management System License (all $500.00 Foreclosure Complaints)
Page 1 | Civil Complaints
The filing fee for a Notice of Filing Auxiliary Case or Issuance of Subpoenas under O.R.C. 2319.09 is $50.00.
Notice of Filing Auxiliary Case/Issuance of Subpoena(s) Pursuant to O.R.C. 2319.09 $50.00
Page 1 | Civil Complaints
The fee for an Order of Sale is $500.00.
Order of Sale $500.00
Page 1 | Miscellaneous
The fee for a half-day witness is $6.00.
Witness Fee – half day $6.00
Page 1 | Miscellaneous
The filing fee for a foreclosure complaint is $525.00.
Foreclosure Complaints $525.00
Page 1 | Civil Complaints
The filing fee for a foreign certificate of judgment is $40.00.
Foreign Certificate of Judgment $40.00
Page 1 | Certificates of Judgment
The filing fee for other civil complaints is $325.00.
Other Civil Complaints $325.00
Page 1 | Civil Complaints
The filing fee for an Order in Aid Proceeding involving garnishment is $50.00.
Order in Aid Proceedings (Garnishment) $50.00
Page 1 | Executions
A non-refundable convenience fee must be added when a listed civil filing fee is paid by e-check, credit card, or debit card.
Pursuant to Mont. Co. C.P.R. 3.03 a non-refundable convenience fee shall be added in addition to the filing fees set forth below for payments that are made by e-check, credit card, or debit card.
Page 1 | CIVIL FILING FEES
The fee for service by publication in a non-foreclosure case is $750.00.
Service by Publication (non-foreclosure cases) $750.00
Page 1 | Miscellaneous
A civil-action initiator unable to pay the applicable security deposit must submit the Ohio Supreme Court Financial Disclosure/Fee Waiver Affidavit with the filing requiring a fee; an approved waiver eliminates the deposit, while a denial permits payment within 30 days.
If a party initiating a civil action is unable to pay the applicable security deposit as provided under this Rule, the party shall apply for a fee waiver by filing a Financial Disclosure/Fee Waiver Affidavit form approved by the Ohio Supreme Court, along with the complaint or other filing which requires a filing fee. The action or proceeding shall be accepted by the Clerk for filing, and the Financial Disclosure/Fee Waiver Affidavit shall be reviewed by the court in accordance with R.C. 2323.311. If the application for a fee waiver is approved by the court, the Clerk shall waive the security deposit required by this Rule, and the court shall proceed with the civil action or proceeding. If the application for a fee waiver is denied, the Clerk shall retain the filing of the civil action or proceeding, and the court shall issue an order granting the applicant 30 days to make the payment required by this Rule.
Page 1 | Rule 3.04 Indigent Litigant Application (A) Financial Disclosure/Fee Waiver Affidavit
A civil action or proceeding must be accompanied by the applicable Appendix A deposit for security for costs and fees unless otherwise provided by law.
Unless otherwise provided by law, no civil action or proceeding shall be accepted for filing unless there is deposited as security for costs and fees the applicable sums set forth in Appendix A.
Page 1 | Rule 3.02 Security Deposits
Sealing & Redaction Procedures
Documents submitted for in camera review must be sent directly to the Assigned Judge and not filed with the Clerk unless the judge directs filing under the “Judge Access Only” procedures in Rule 2.06.
Unless otherwise ordered by the Assigned Judge, documents submitted for in camera review shall be submitted directly to the Assigned Judge and shall not be filed with the Clerk. If the Assigned Judge orders that documents submitted for in camera review be filed with the Clerk, the filer shall follow the procedures for “Judge Access Only” filings as set forth in Rule 2.06.
Page 1 | Rule 2.07 In Camera Documents
Before filing a written deposition transcript, the filing party must omit or redact all personal identifying information defined under Sup.R. 44(H).
Pursuant to Rule 2.05, the filing party shall omit or redact all personal identifying information as defined under Sup.R. 44(H) from a written deposition transcript prior to filing.
Page 1 | Rule 2.08 Deposition Testimony (A) Filing of Written Deposition Transcript
When personal identifying information is redacted or omitted, the filer must provide it to the court on a separate form identifying the information and its location.
If personal identifying information is redacted or omitted from a document, the information shall be provided to the court on a separate form that indicates what information has been redacted or omitted, and provides the location of the redacted or omitted information.
Page 14 | Rule 2.05 Personal Identifiers in Documents Filed with Clerk
Social security numbers and other personal identifying information must be redacted from documents before filing with the court.
Social security numbers and other personal identifying information shall be redacted from documents before the documents are filed with the court in accordance with Sup.R. 45(D).
Page 14 | Rule 2.05 Personal Identifiers in Documents Filed with Clerk
The Clerk will not accept a document for filing under seal unless a party has filed and obtained approval of a motion from the Assigned Judge.
The Clerk shall not accept any document to be filed under seal unless a party has filed a motion which has been approved by the Assigned Judge.
Page 14 | Rule 2.06 Filing Sealed Documents
Documents designated for no remote public access must be filed electronically under Rule 2.01.
(1) “No Remote Access by Public” means the documents shall be e-Filed pursuant to Rule 2.01.
Page 15 | Rule 2.06
Documents designated for judge access only must be filed with the Clerk in a sealed envelope using the specified procedure.
(3) “Judge Access Only” means the documents shall be filed as set forth below:
Page 15 | Rule 2.06
Documents designated for neither remote nor direct public access must be filed electronically under Rule 2.01.
(2) “No Remote or Direct Access by Public” means the documents shall be e-Filed pursuant to Rule 2.01.
Page 15 | Rule 2.06
The Clerk will not accept a document for filing under seal unless a party files a sealing motion and the Assigned Judge approves it.
The Clerk shall not accept any document to be filed under seal unless a party has filed a motion which has been approved by the Assigned Judge.
Page 1 | (B) Motion to File Sealed Documents
Under “Judge Access Only,” document access is limited to the Assigned Judge, while only the docket remains visible through PRO and the e-File System.
“Judge Access Only” means that access to documents will be limited to the Assigned Judge. Only the docket will be available through PRO and the e-File System.
Page 1 | (C)(3) Levels of Access
For a “Judge Access Only” filing, the Clerk must stamp the sealed envelope, docket the filing as sealed with judge-only access, and retain the envelope in the Clerk’s office.
The Clerk shall file stamp the face of the envelope, enter on the docket that the documents were filed under seal with “Judge Access Only,” and retain the envelope in the Clerk’s office.
Page 2 | (D)(3)(b) Method of Filing
Redacted or omitted personal identifying information must be supplied to the court on a separate form identifying the information and its location.
If personal identifying information is redacted or omitted from a document, the information shall be provided to the court on a separate form that indicates what information has been redacted or omitted, and provides the location of the redacted or omitted information.
Page 1 | Rule 2.05 Personal Identifiers in Documents Filed with Clerk — (A) Redaction of Personal Identifiers
Filing parties must redact social security numbers and other personal identifying information before filing, and the Clerk will not review filings to verify that the information was removed.
Social security numbers and other personal identifying information shall be redacted from documents before the documents are filed with the court in accordance with Sup.R. 45(D). The responsibility for redacting personal identifying information rests solely with the parties who file the documents. The Clerk will not review the documents to confirm that personal identifying information has been excluded.
Page 1 | Rule 2.05 Personal Identifiers in Documents Filed with Clerk — (A) Redaction of Personal Identifiers
Under “No Remote Access by Public,” remote access is limited to court personnel, counsel of record, and registered pro se users, while everyone else must obtain documents from the Clerk’s office during regular business hours.
“No Remote Access by Public” means that access to documents via the Clerk’s Public Records Online system (“PRO”) and the e-File System will be limited to Judges, court staff, Clerk staff, counsel of record, and pro se parties who are registered users of the e-File System. For all other persons, access to documents will be available only through the Clerk’s office, during regular business hours;
Page 1 | (C)(1) Levels of Access
Under “No Remote or Direct Access by Public,” remote access is limited to court personnel, counsel of record, and registered pro se users; unregistered pro se parties must use the Clerk’s office during business hours, and all other persons have no document access.
“No Remote or Direct Access by Public” means that access to documents via PRO and the e-File System will be limited to Judges, court staff, Clerk staff, counsel of record, and pro se parties who are registered users of the e-File System. For pro se parties who are not registered users of the e-File System, access to documents will be available only through the Clerk’s office, during regular business hours. For all other persons, there will be no access to documents available through the Clerk’s office; and
Page 1 | (C)(2) Levels of Access
A party may move for leave to redact personal identifying information that was omitted or unredacted in a previously filed document.
A party may file a motion for leave to redact a previously filed document if personal identifying information was not omitted or redacted when the document was initially filed.
Page 1 | Rule 2.05 Personal Identifiers in Documents Filed with Clerk — (B) Leave to Redact
The sealing rule does not limit the court’s authority to restrict public document access under Sup.R. 45.
This Rule shall not be construed to limit the means by which the court may restrict public access to documents pursuant to Sup.R. 45.
Page 2 | (E) Means of Restricting Public Access to Documents
Filing Bundling Requirements
Applications to seal or expunge records in multiple cases must be consolidated before the Assigned Judge with the highest case number, except for applications filed under R.C. 5953.521.
Except for applications filed under R.C. 5953.521, in instances where a defendant files applications to seal or expunge the record in multiple cases, those applications shall be consolidated for determination by the Assigned Judge with the highest case number.
Page 69 | Rule 8.15 Consolidation of Motions to Seal or Expunge
Adjournment & Extension Requirements
If a bound-over criminal case receives no final Grand Jury action within 28 days, it must be dismissed without prejudice, unless unavailable complaining-witness testimony permits a definite continuance that is noted in the Grand Jury report and approved by the Grand Jury Judge.
Criminal cases bound over to the court on which the Grand Jury takes no final action within 28 days shall be dismissed forthwith and without prejudice. However, if the complaining witness’ testimony is not available within the 28-day period, the case may be continued for a definite period of time, and such continuance shall be noted in the report of the Grand Jury. Continuances must be presented to and approved by the Grand Jury Judge.
Page 1 | Rule 8.02(B) Deadline for Action
The Assigned Judge must approve more than one mediation continuance and any continuance that would negatively affect the scheduled trial date.
The approval of the Assigned Judge is required for more than one continuance of a mediation conference and for any continuance that would negatively affect the scheduled trial date.
Page 46 | Rule 7.06(D) Continuance of Mediation Conference
A continuance request must be made in writing and filed under Rule 2.01 or made in open court before the Assigned Judge; a written request must include a proposed order, an orally granted request must be followed by a proposed order filed within three days, and the continuance order must state the new date.
Requests for continuance of a conference, hearing, or trial shall be in writing and filed in accordance with Rule 2.01 or made in open court before the Assigned Judge. If the request is made in writing, it shall be accompanied by a proposed order granting the request. If the request is made in open court before the Assigned Judge and the request is granted, the party making the request shall file a proposed order in compliance with Rule 2.02 within three days. Any order granting a continuance shall set forth the date to which the conference, hearing, or trial is continued.
Page 49 | Rule 8.07 Continuance of A Criminal Case
A continuance request for a conference, hearing, or trial must be made in writing and filed under Rule 2.01, or made in open court before the Assigned Judge.
Requests for continuance of a conference, hearing, or trial shall be in writing and filed in accordance with Rule 2.01 or made in open court before the Assigned Judge.
Page 1 | Rule 8.07 Continuance of A Criminal Case
A continuance of a scheduled mediation conference is governed by Rule 7.06(D).
A continuance of a scheduled mediation conference shall be considered subject to Rule 7.06(D).
Page 1 | Rule 7.03(D) Mediation Scheduling Order
For good cause, the mediator may approve one mediation continuance that will not negatively impact the scheduled trial date; more than one continuance or any continuance affecting the trial date requires Assigned Judge approval.
For good cause shown, the mediator may approve a continuance of a mediation conference if such continuance will not negatively impact the scheduled trial date. The approval of the Assigned Judge is required for more than one continuance of a mediation conference and for any continuance that would negatively affect the scheduled trial date.
Page 1 | Rule 7.06 Mediation Conference
The mediator may approve a mediation continuance for good cause only when the continuance will not negatively affect the scheduled trial date.
For good cause shown, the mediator may approve a continuance of a mediation conference if such continuance will not negatively impact the scheduled trial date.
Page 46 | Rule 7.06(D) Continuance of Mediation Conference
If the complaining witness is unavailable within 28 days, the criminal case may be continued for a definite period, the continuance must be noted in the Grand Jury report, and Grand Jury Judge approval is required.
However, if the complaining witness’ testimony is not available within the 28-day period, the case may be continued for a definite period of time, and such continuance shall be noted in the report of the Grand Jury. Continuances must be presented to and approved by the Grand Jury Judge.
Page 48 | SECTION 8. CRIMINAL PROCEEDINGS
Chambers Communication Rules
Unless the Assigned Judge grants relief under the specified criminal rules, the e-File system must send notice that “Judge Access Only” documents were filed.
Unless the Assigned Judge grants the filer’s motion under Crim.R. 12(C)(6), Crim.R. 12(C)(7), or Crim.R. 42(E)(2) to the contrary, the court’s e-File system shall send a notice that documents with “Judge Access Only” were filed.
Page 2 | (D)(3)(c) Method of Filing