New Philadelphia Municipal Court, Ohio Electronic Filing Rules

CRITICAL

Applies to

Document filed under seal

Documents filed under seal must be filed on paper unless the Court directs otherwise.

However, the documents to be filed under seal must be filed in paper form unless otherwise directed by the court.

CRITICAL

Criminal discovery-related documents must be submitted to the Clerk of Courts and may not be e-filed.

Discovery-related documents in criminal cases must be submitted to the Clerk of Courts and may not be e-filed.

CRITICAL

Attorneys must use the Court’s e-filing system, except for the listed case types and documents that are not subject to e-filing.

All attorneys must use the court's e-filing system. All cases, except for those listed below, are designated as e-file cases. 2. Case types/documents not subject to e-filing are: i. Cognovits ii. Foreign judgments iii. Motions for Protection Orders iv. Replevin actions v. Garnishments

CRITICAL

If an e-filing contains two captioned documents, only the document named in the docket entry is considered filed.

If two captioned documents are included in the same e- filing, the docket entry assigned to the filing will determine which document is filed. The document not named in the docket entry will not be considered filed.

CRITICAL

A person deemed a vexatious litigator may not e-file without leave of Court.

4. Filings from Vexatious Litigators. An individual that has been deemed a vexatious litigator pursuant to R.C. 2323.52 shall not be permitted to e-file without leave of Court.

CRITICAL

Applies to

Motion to seal

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

1. Documents Filed under Seal. A motion to file documents under seal must be filed and served electronically.

CRITICAL

Only one captioned document may be included in each e-filing, but attachments to a motion, brief, or other filed document may be included with it.

Only one captioned document may be filed per e-filing. This provision does not preclude the inclusion of attachments to a motion, brief, or other filed document in the same e-filing.

CRITICAL

Applies to

Jurisdictional deadline document

A user unable to e-file because of personal technical problems may use the Clerk's public terminals to meet jurisdictional deadlines.

v. When a system user cannot e-file because of the user’s technical problems, the user may us the Clerk’s public terminals to file documents in order to comply with the jurisdictional deadlines.

CRITICAL

Applies to

Proposed order

Proposed orders and agreed judgment entries signed by the parties and requiring a judge or magistrate’s signature should not be filed on the docket. These entries must be e-filed through the proposed submission icon or the proposed agreed entry icon or submitted to the court in paper format.

Proposed orders and agreed judgment entries signed by the parties and requiring a judge or magistrate’s signature should not be filed on the docket. These entries must be e-filed through the proposed submission icon or the proposed agreed entry icon or submitted to the court in paper format.

CRITICAL

Counsel of record who wish to file with the Court must register to use the e-filing system’s filing and document-access functions.

All counsel of record who wish to file with the Court shall register with the Court to file, serve, receive, review and retrieve copies of e-filed pleadings, orders and other documents in the case.

CRITICAL

Applies to

Jurisdictional deadline document

When the Court's e-filing system has a technical failure, users may file documents on paper to meet jurisdictional deadlines.

iv. When the Court’s e-filing system is subject to a technical failure, system users may file documents in paper format to comply with jurisdictional deadlines.

CRITICAL

A person assigned a unique identifier must use it for e-filing and related service and document-access functions.

The unique identifier shall be used to file, serve, receive, review, and retrieve e-filed pleadings, orders, and other documents in the case.

CRITICAL

Applies to

Reimbursement bill

Counsel must use CABS to enter and generate reimbursement bills electronically for court submission.

Counsel will use the Ohio Public Defender Court Appointed Counsel Billing System (CABS) to electronically enter and generate bills for court submission for reimbursement.

CRITICAL

Registration through the Court’s web portal is required for electronic filing service.

Registration via the Court’s web portal is required.

WARNING

A document filed by fax is accepted as the effective original filing.

2. A document filed by fax shall be accepted as the effective original filing.

WARNING

Each person assigned a unique identifier is responsible for its security and use.

Each person to whom a unique identifier has been assigned shall be responsible for the security and use of such identifier.

WARNING

Applies to

Pro hac vice motion

Motions to be admitted pro hac vice are listed as an exception to e-filing.

3. Motions to be admitted Pro Hac Vice.

WARNING

Applies to

Criminal complaint and summons

Criminal complaints and summons may be used and filed electronically only if they conform in all substantive respects to the Ohio Rules of Criminal Procedure and Ohio Criminal Rule 4(G).

The use and filing of criminal complaints and summons by computer or other electronic means, must conform in all substantive respects to the Ohio Rules of Criminal Procedure and Ohio Crim. R. 4(G).

WARNING

Fax filings must be sent to the Clerk’s dedicated fax equipment and may not be sent directly to the Court.

5. Facsimile filings may NOT be sent directly to the Court for filing but may only be transmitted directly to the dedicated facsimile equipment operated by the Clerk of Court.

WARNING

Self-represented filers may e-file but are not required to; those who do not e-file must submit documents by mail, commercial carrier, email, or personal delivery to the Clerk’s Office.

Pro-se filers may, but are not required to, utilize the e-filing system. The Clerk of Courts will provide secure public access terminals from which self-represented filers will be permitted to use the court’s e-filing system and electronically file documents. Self-represented filers who do not utilize the e-filing system must file all documents with the Clerk by mail, commercial carrier service, email, or personal delivery to the Clerk’s Office.

WARNING

Applies to

Exhibits

Exhibits or other items that cannot be stored electronically may be filed and served on paper.

2. Exhibits. Exhibits or other items that cannot be captured or stored in an electronic format may be filed and served in paper form.

WARNING

Applies to

Pleadings and other documents

Pleadings and other documents may be filed by fax with the Clerk, but cognovit promissory note actions must be filed as original documents.

A. Applicability: These rules apply to all proceedings in the New Philadelphia Municipal Court, except cognovit promissory note actions which must be filed as the original document. C. Procedure: 1. Pleadings and other documents may be filed with the Clerk of Court by facsimile transmission to 330-364-6885.

WARNING

Applies to

Exhibits

Exhibits may be delivered to the Clerk by fax or email, or, if neither is available, by U.S. mail or hand delivery.

2. The Exhibits may be delivered to the Clerk via facsimile as described in Rule 1.13(G) or via email to bailiff@npmunicipalcourt.org. If facsimile or email is not available, then via regular U.S. mail to the Clerk of Court, New Philadelphia Municipal Court, 166 East High Avenue, New Philadelphia, Ohio 44663, or hand delivered to the Clerk’s office at the courthouse.

INFO

When an administrative order authorizes electronic filing, the electronically filed document becomes part of the official court record.

In matters where electronic filing is authorized by administrative order, the electronically filed document will be part of the official court record.

INFO

Applies to

Criminal complaint

Criminal complaints may be submitted electronically or at the Clerk’s Office.

Criminal complaints may be submitted either electronically or at the Clerk’s Office.

INFO

Applies to

Exhibits

Exhibits in civil cases may be submitted at the Clerk’s Office.

Exhibits in civil cases may be submitted at the Clerk’s Office.

INFO

If paper records are maintained, they are considered copies of the official court record.

Paper records, if maintained, will be considered a copy of the official court record.

INFO

Applies to

Traffic ticket

Computer- or electronically produced traffic tickets may be used and filed if they conform to Ohio Traffic Rule 3.

The use and filing of tickets produced by computer or other electronic means, which conform to the requirements of Ohio Traffic Rule 3 are hereby authorized.

INFO

The clerk shall provide electronic filing service to all court users for all documents in any category of cases or any case as designated by an administrative order or local rule.

The clerk shall provide electronic filing service to all court users for all documents in any category of cases or any case as designated by an administrative order or local rule.

INFO

Self-represented parties may register with the Court’s e-filing system but are not required to do so.

Pro Se parties may, but are not required to, register with the Court’s e-file system

INFO

Pleadings and other papers may be filed electronically with the Clerk, subject to this rule.

In conformity with the Ohio Revised Code, Civ.R. 5(E), and Crim.R. 12(B), pleadings and other papers may be filed with the Clerk of Court electronically, subject to the provisions of this rule.