Shelby County Court of Common Pleas, General and Domestic Relations Divisions
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A continuance requires full compliance with Ohio Superintendence Rule 41; if granted, the applicant must prepare an entry stating the reason, requesting attorney, and new date certain obtained from the Assignment Commissioner.
- Continuances are discouraged.
- After a trial schedule is set, counsel with a conflict on a scheduled trial date must immediately file a Motion for Continuance and attach a file-stamped copy of the scheduling notice creating the conflict.
- +2 more
Request must include
Page & Word Limits1 rule
Facsimile filings shall not exceed 20 pages in length.
Facsimile Filing
20 pages
Document Format Requirements12 rules
All pleadings, motions, and other documents shall be single sided, legibly typewritten or printed on letter size (8-1/2” by 11”) paper, with each sheet containing only one page of text.
Transcripts are to be single-sided on an 8 ½ x 11 sheet of paper with each sheet containing only one page of a transcript. The transcript must be bound in a report folder if not E-filed. Staples may not be used to bind a transcript.
A filed document shall not contain links to other documents or references to the CMS, unless they are incorporated into the filed documents. External links are prohibited.
Typewritten or printed, double spaced, on 8 ½” x 11” paper, not less than 11-point and not greater than 12-point regular type font, paginated sequentially.
A proposed order or proposed entry shall be submitted in Word [.doc] format and reference the specific motion to which it applies.
Except as provided in Subsection (H)(2)(b) of this Rule, all e-Filed documents, pleadings, and papers shall be filed with the Clerk in .pdf.
(iv) Original Signatures: Documents requiring an original signature, such as an affidavit or other notarized documents shall be e-Filed as a .pdf.
The motion of a party to appear via video conferencing must be made in writing.
To facilitate scanning for electronic recording, the original of all pleadings and other documents shall be submitted to the clerk unbound other than by a paper clip or other easily removable clipping device.
The party presenting an audio/video deposition must ensure that its format is compatible with the Court’s video equipment.
Additionally, the attorney or pro se party presenting the audio/video version of the deposition shall ensure that the format of the audio/video version of the deposition is compatible with the Court’s video equipment.
To facilitate scanning for electronic recording, transcripts are to be single-sided on an 8 ½ x 11 sheet of paper with each sheet containing only one page of a transcript.
Copies to be file stamped and returned should be bound by staple.
Document Filing Requirements64 rules
(Attorney to do publication and file proof with Clerk)
DocumentDivorce Action With Publication Notice
To secure such approval, the attorney for the party desiring to file the affidavit shall certify that no monies have been paid to him by the party, and that to his best knowledge and belief, the party is unable to make the deposit.
DocumentAffidavit Of Inability To Pay Or Secure Costs
A fax filing must include a cover page with the listed court, case, document, transmission, filer, and cost information.
The person filing a document by fax shall also provide therewith a cover page containing the following information: 1. The name of the court; 2. The title of the case; 3. The case number; 4. The assigned judge; 7 ===== PAGE 8 ===== 5. The title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint; Plaintiff Smith’s Response to Defendant’s Motion to Dismiss); 6. The date of transmission; 7. The transmitting fax number; 8. An indication of the number of pages included in the transmission, including the cover page; 9. If a judge or case number has not been assigned, state that fact on the cover page; 10. The name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available; and 11. If applicable, a statement explaining how costs are being submitted.
DocumentFax Filing
A fax filing of a signed document must include either the signed document or an unsigned copy marked “/s/” followed by the signer’s name where the signature would appear.
A party who wishes to file a signed source document by fax shall either fax a copy of the signed source document or fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.
DocumentFax Filing Of Signed Document
Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.
DocumentFax Filing Exhibit
A party filing a missing exhibit separately must attach a cover sheet with the case title, case number, and exhibit title, and sign and serve it under the court’s pleading rules.
Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the title of the case, the case number, and the title of the exhibit being filed and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
DocumentExhibit
The caption at the top thereof, in addition to stating the name of the Court, the county and state, shall state the name and address of all parties. A blank space of at least 3” shall be left at the top of the right side of the first page for endorsement thereon by the Clerk.
Pleadings subsequent to the Complaint, including motions or applications, shall state the number of the cause, the name of the first party Plaintiff and first party Defendant on each side.
Any pleadings or other paper filed shall state in the caption the nature of the Complaint, pleading or paper, such as “Complaint for Personal Injury,” “Answer to Amended Complaint,” etc.
All pleadings must be signed by at least one attorney of record and include the attorney’s specified contact details in a signature block; pro se parties must comply as applicable.
At least one attorney of record, whether the case is civil or criminal, shall sign ===== PAGE 12 ===== all pleadings. All pleadings, whether civil or criminal, shall contain a signature block for the attorney which shall include typewritten or printed the attorney’s name, bar registration number, telephone number, telefax number, and e-mail address. If a party is pro se, the party shall comply with this rule as applicable.
DocumentPleading
A party or counsel demanding a jury shall endorse the demand on the pleading and make it a part of the caption.
DocumentPleading
Upon filing of any Motion which requires oral hearing pursuant to the Ohio Rules of Civil or Criminal Procedure or any provisions of the law, the Movant shall, upon filing said Motion, obtain a date for such hearing and prepare the process or notice for signature by the Assignment Commissioner.
DocumentMotion Requiring Oral Hearing
All Motions for Continuance due to a scheduling conflict must be accompanied by a file-stamped copy of the scheduling notice creating the conflict.
DocumentMotion For Continuance
Motions to be ruled upon by the Court shall be in writing, accompanied by a Memorandum.
DocumentMotion
Pretrial statements must include the listed facts, issues, legal authorities, witness information, exhibits, proposed jury instructions, settlement position, and trial-time estimate.
The pretrial statement shall include the following: a. Statement of the facts giving rise to the claim of defense, and/or counterclaim. b. Comprehensive statement of the issues involved. c. Propositions of law or positions supported by law with at least two or three authorities cited. d. List of witnesses with addresses who will be appearing on behalf of the party, including a short statement of testimony of witnesses. Witness lists shall be furnished to the court reporter. e. List of all demonstrative evidence or exhibits which will be offered on date of trial. f. Proposed jury instructions. g. Demand or offer for settlement. h. Estimate of trial time.
DocumentPretrial Statement
When discovery cannot be completed informally, the discovery-seeking party must advise the Court in writing and state the informal resolution efforts, remaining disputes, conference date, time and place, and participants.
At such time as discovery cannot be completed informally, the party seeking discovery shall advise the Court in writing and file such Interrogatories, Requests, Motions, Applications or Protective Order requests as may be necessary or advisable to counsel for protecting the interests of their client. Such statements shall recite efforts made to resolve differences informally. In addition, such statements shall recite those matters that remain in dispute, and in addition, the date, time and place of such conference, and names of all parties participating therein.
DocumentDiscovery Statement
A party seeking default judgment after a party fails to appear must file an affidavit showing the defaulting party is not in military service, or file an alternative document if unable to provide the affidavit.
In any action or proceeding commenced in this Court, if there shall be a default of any appearance by any party, the party seeking judgment shall file with the Court an Affidavit setting forth facts showing that the party in default is not in the military service. If unable to file such Affidavit, the party seeking judgment shall in lieu thereof file an
DocumentDefault Judgment
Such documents shall be handed to the trial Judge for his approval prior to filing with the Clerk.
DocumentReceiver Inventory Appraisement And Accounting
A party seeking to set aside a default judgment must present or offer to file a proper pleading and file an affidavit explaining the default and the facts and nature of a meritorious claim or defense.
In cases in which a Judgment, Order, or Decree has been rendered upon default, in addition to the requirements of Rule 60(B) of the Civil Rules, the Judgment, Order, or Decree shall not be set aside unless the party in default presents or offers to file a proper pleading in the case. Along with the pleading, his Affidavit or the Affidavit of his agent or attorney, setting forth the facts showing the cause of the default and that there is a meritorious cause of action or defense and the facts showing the nature of it, must be filed.
DocumentFiling To Set Aside Default Judgment
Before default judgment, the affidavit must address the defaulting party’s military-service status, and further proceedings under the cited Act are required unless the affidavit shows the party is not in military service.
Affidavit setting forth that the party in default is either in the military service or the affiant is not able to determine whether or not such defaulting party is in the service. Unless it appears from the Affidavit filed the defaulting party is not in such military service, before judgment can be entered further proceedings shall be had pursuant to Soldiers and Sailors Civil Relief Act (50 U.S.C. 520 et. seq.).
DocumentAffidavit
After the initial report, the receiver must file consecutively numbered reports semi-annually with accounts of receipts and expenditures and a summary of future plans, submitting them to the trial Judge for approval before filing with the Clerk.
Semi-annually, after filing the first report with inventory, appraisement and account, the receiver shall file with the trial Judge for his approval prior to filing with the Clerk, consecutively numbered reports with accounts, for approval by Entry by the Court, as to all receipts and expenditures made by the receiver during the reporting period and a summary of plans for the future conduct of the receivership.
DocumentReceiver Semiannual Report
An audio/video deposition may not be presented at trial or a hearing unless a written transcript has been filed in accordance with the rule.
The Court shall not accept or permit the audio/video version of the deposition transcript to be presented during trial or hearing unless a written transcript of the deposition has been filed in accordance with subsection (A) of this rule.
DocumentAudio Video Deposition For Trial Or Hearing
The Certificate of Compliance shall include a certification from counsel that the written deposition transcript is being filed in compliance with this rule.
DocumentCertificate 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.
DocumentWritten Deposition Transcript
The Notice of Filing Deposition Transcript must identify the deponent and deposition date and include the officer’s certification that the transcript is a true, unaltered record.
The Notice of Filing Deposition Transcript shall identify the deponent and the date the deposition was taken and include a certification by the officer who took the deposition that the written deposition transcript being filed is a true record of the deposition and that the testimony has not been altered in any way.
DocumentNotice Of Filing Deposition Transcript
If an audio/video deposition is presented at trial or a hearing, the presenting party must mark it as an exhibit and it must be retained as evidence.
If the audio/video version of the deposition is presented at trial or a hearing, the audio/video version of the deposition shall be marked as an exhibit of the party who presented the deposition and shall be retained as evidence from the trial or hearing.
DocumentAudio Video Deposition
In partition cases where land is sold, counsel fees shall be allowed by Court and taxed as part of the costs, but all such fees shall be allowed only upon Application to the Court, supported by Affidavits, and based upon hourly rates and other factors presented to the Court.
DocumentCounsel Fee Application
An audio/video deposition transcript must include the officer’s written certification with specified statements and the officer’s deposition log.
The audio/video version of the deposition transcript shall include an attached written certification from the officer who took the audio/video deposition. This certification shall state that the witness was fully sworn or affirmed by the officer and that the audio/video version of the deposition is a true record of the testimony given by the witness. The officer’s log of the deposition shall be included with the certification.
DocumentAudio Video Deposition Transcript
Defendant’s counsel in a partition case may receive fees taxed as costs only upon application and affidavit, on an hourly basis, with a proper showing that the services were necessary and beneficial to estate administration.
Counsel for any Defendant appearing in said partition case may be allowed counsel fees which shall be taxed as part of the costs. In such instances, all such partition fees on behalf of the attorney for the Defendant shall be upon Application, Affidavit, and upon an hourly basis and upon proper showing that such services were necessary and beneficial in the administration of the estate.
DocumentDefendant Counsel Fee Application
A proposed foreclosure judgment entry or Order of Sale must include the specified language about property access for appraisal and taxation of access expenses as costs.
Any proposed Judgment Entry of Foreclosure/Order of Sale of real estate shall contain the following language relating to access to the subject property: "It shall be the responsibility of the attorney for the party who is prosecuting this foreclosure action to provide a key to the premises or to make other suitable arrangements with the Shelby County Sheriff's Department for access to the property for appraisal purposes. The Court hereby ORDERS, ADJUDGES AND DECREES that the party who is prosecuting this foreclosure action and the Shelby County Sheriff's Department should be and they hereby are authorized to use all reasonable means necessary or appropriate to gain access to the property for appraisal purposes, including but not limited to the retention of a locksmith. Expenses for gaining access to the property shall be taxed as costs."
DocumentProposed Judgment Entry Of Foreclosure Order Of Sale
Further, the Clerk shall adjust the amounts shown due on the Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds to account for any and all court costs, Sheriff’s expenses, real estate taxes and utilities incurred up to the date of distribution.
DocumentJudgment Entry Confirming Sale Ordering Deed And Distribution Of Sale Proceeds
The Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds shall include payment of transfer tax to the Shelby County Auditor to be paid from sale proceeds at the customary rate per/thousand dollars of the sale price. This transfer tax payment shall be in addition to court costs and other charges.
DocumentJudgment Entry Confirming Sale Ordering Deed And Distribution Of Sale Proceeds
The Clerk shall no longer prepare Orders of Sale. Said Orders shall be typed by the attorney requesting the sale and filed with the Clerk, which Order shall contain the following minimal information: address and legal description of the property, amount due, interest due and date to which interest will continue to accrue.
DocumentOrder Of Sale
The Motion to Appoint the Private Selling Officer shall include an affidavit of credentials of the private selling officer to be appointed.
DocumentMotion To Appoint Private Selling Officer
The Precipe for Execution must contain a specific description of the property to be levied upon.
DocumentPraecipe For Execution
Counsel must file a praecipe for writ of possession with the judgment entry confirming sale, or the Clerk will reject the judgment-entry filing.
At the time of the filing of the Judgment Entry/Confirmation of Sale, counsel for the party requesting the sale shall also prepare and file with the Clerk’s office a Praecipe for Writ of Possession. The Clerk of Court will reject the filing of the Judgment Entry/Confirmation of Sale if the Writ of Possession is not filed in conjunction with the Judgment Entry.
DocumentJudgment Entry Confirmation Of Sale
Counsel for the party requesting any sale shall prepare any newspaper publication required, cause the same to be published at the party’s expense, and file an Affidavit of Publication with the Clerk and Sheriff prior to sale.
DocumentAffidavit Of Publication
A Motion and proposed Order must be e-filed requesting a private selling officer in lieu of public sheriff’s sale website.
DocumentMotion
A motion to suppress must state its grounds with particularity; motions lacking specific grounds, including those relying solely on constitutional violations, will be stricken.
All Motions to suppress evidence shall state with particularity the grounds upon which the Movant relies. Motions which failed to state specific grounds for suppression, including Motions claiming solely the matter is in violation of the Constitution of Ohio and the United States, shall be stricken from the files.
All Motions made, other than those made at trial, shall be in writing and shall contain a written memorandum citing the authorities relied upon by the Movant.
DocumentCriminal Motion
All requests to record proceedings shall be made in writing to the Judge; be on the appropriate from (Appendix 1) submitted through the bailiff; and as far in advance as is reasonably possible but in no event later than twenty-four hours prior to the courtroom session to be recorded.
DocumentRequest To Record Proceedings
Requests to seal records under Section 2953.31 et seq. must include the applicant’s identifying information and specified former-conviction and law-enforcement identification details.
All requests for sealing of records filed pursuant to Section 2953.31 et seq. shall contain the following information concerning the applicant: a. Exact name, including any applicable former name(s); b. Date of birth; c. Social security number; d. Former conviction information including description of crime, applicable code section, date of conviction and sentence of court; e. Bureau Criminal Investigation number; f. Uniform crime reporting number; g. FBI number.
DocumentRecord Sealing Request
Prepare and deliver instructions which are readily understood by individuals unfamiliar with the legal system;
Following jury impanelment, the Judge shall instruct jurors on their role, trial procedures, evidence, issues, and relevant legal principles.
Give instructions directly following impanelment of the jury to explain the jury’s role, the trial procedures including note taking and questioning by jurors, the nature of evidence and its evaluation, the issues to be addressed, and the basic relevant legal principles;
Before deliberations begin, the Judge shall instruct the jury on the law, deliberation procedures, and how to report its results.
Prior to the commencement of deliberations, instruct the jury on the law, on the appropriate procedures to be followed during deliberations, and on the appropriate method for reporting the results of its deliberations.
Give preliminary instructions to all prospective jurors;
A request for excuse based on a mental or physical condition must include physician documentation verifying the prospective juror is unfit for jury service.
The prospective juror, or the prospective juror’s personal representative, must provide the court with documentation from a physician licensed to practice medicine verifying that a mental or physical condition renders the prospective juror unfit for jury service for a period of up to twenty-four months.
DocumentJury Service Excuse Request
A CQE petitioner must file the specified cover sheet, include the DRC Electronic Petition Number, and attach the completed Electronic Petition.
In order to request a CQE, the Petitioner shall file the Cover Sheet (Petition for Certificate of Qualification for Employment (RC 2953.25) [Form A]) with the Clerk of Courts for the Common Pleas Court where the Petitioner resides. The Petitioner shall include the DRC Electronic Petition Number on the Cover Sheet, and shall attach a copy of the fully completed Electronic Petition.
DocumentCQE Petition
All Petitions submitted through the DRC (www.drccqe.com) shall include electronic access to the Department of Rehabilitation and Corrections CQE Summary (CQE Summary).
DocumentCQE Petition Submitted Through The DRC
e-Filed documents that require the signature of the attorney or filing party shall be signed with a conformed signature of “/s/ [name].”
DocumentE Filed Document
A proposed order or proposed entry shall be submitted in Word [.doc] format and reference the specific motion to which it applies.
DocumentProposed Order
Before e-filing a document with multiple required signatories, the filer must confirm its acceptability, indicate the agreement of other counsel or parties in the document, and identify the signatories when filing.
(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/ Jane Doe, /s/ John Smith, etc.
DocumentDocument With Multiple Signatories
In civil cases, the caption of an original complaint or specified related complaints must state the plaintiffs’ and defendants’ addresses, using “unknown” when an address is unknown.
(i) Upon filing the original complaint or any counterclaim, cross claim, or third party complaint, in addition to the Instructions for Service required by Subsection (J)(1) of this Rule, the filer shall include the address of the plaintiff(s) and defendant(s) in the caption of the document. If the address of any plaintiff or defendant is unknown, the filer shall substitute “unknown” for the address in the caption.
DocumentComplaint
The Motion and proposed Order shall designate the requested level of access.
DocumentMotion To Seal
A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.
DocumentFax Filing Of Signed Document
If applicable, said Memorandum shall include citations supporting Movant's position.
DocumentMotion Memorandum
Preliminary to the trial of the cases assigned for trial, counsel upon request of the Court shall file a brief on all questions of law, including evidence involved in the proceeding, which briefs shall be exchanged by counsel.
DocumentBrief
Filing & Service rules
Electronic Filing Rules
Fax filings must be sent through the Clerk of Courts' facsimile equipment and may not be sent directly to the court for filing.
Fax filings may NOT be sent directly to the court for filing but may only be transmitted directly through the facsimile equipment operated by the Clerk of Courts.
Page 9 | Facsimile Filings
In mandatory e-filing cases, the attorney of record must file all written deposition transcripts, attachments, and exhibits through the Court’s E-filing system.
On mandatory e-filing cases, all written deposition transcripts, including attachments and exhibits, shall be filed by the attorney of record through the Court’s E- filing system.
Page 22 | RULE 21 — Depositions
A motion and proposed order requesting a private selling officer must be e-filed.
A Motion and proposed Order must be e-filed requesting a private selling officer in lieu of public sheriff’s sale website.
Page 25 | Rule 24 — Sheriff's Sale and Private Selling Officer’s – Executions
Trial transcripts must be e-filed, but they will not be published on the e-filing website.
The trial transcript must be e-filed but will not be published on the e-filing website.
Page 28 | Rule 31: Trial Transcripts
In designated e-File case types, represented litigants must electronically file covered documents through the Court’s authorized system, subject to Subsection (K).
Except as otherwise provided in Subsection (K) of this Rule, all pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, 45 ===== PAGE 46 ===== orders or other documents submitted in designated e-File case types shall be filed electronically through the Court’s authorized electronic filing system. The Clerk shall not accept or file any document in paper form in mandatory e-File cases from litigants represented by counsel.
Page 45 | Rule 38: Electronic Filing (e-Filing) of Court Documents
After registering for e-filing, a self-represented party must file all later documents electronically; paper filings are rejected unless the Court orders otherwise.
Upon registration for e-filing, a pro se party shall be required to file all subsequent documents electronically. Any filing submitted by mail or in person after pro se e-filing registration shall be rejected unless otherwise permitted by Court Order.
Page 46 | Rule 38: Electronic Filing (e-Filing) of Court Documents
Registered Users must use the CMS to file documents electronically and may do so at any time and from any location.
A 47 ===== PAGE 48 ===== Registered User may log into his/her account 24/7 to review cases on which he/she is a party, and shall use the CMS to file any documents electronically, at any time of the day, from any location he/she chooses, use his/her User ID and password.
Page 48 | Registered User
Counsel of record must register with the Court’s e-File system to perform the listed filing and document-access functions.
All counsel of record shall register with the Court’s e-File system to file, serve, receive, review and retrieve copies of e-Filed pleadings, orders and other documents in the case.
Page 48 | Registration in e-File System
When a case type is designated for e-filing, represented parties in assigned e-File cases must promptly enable counsel to handle the listed documents electronically.
Upon an order designating any case type as an e-File case, parties to an assigned e-File case, who are represented by counsel, shall promptly take steps to allow their counsel to file, serve, receive, review, and retrieve copies of the pleadings, orders and other documents filed in the case(s) electronically.
Page 48 | Designation of Electronic Filing Cases
For designated e-File case types, parties must register and e-file documents; paper filings are not accepted except as provided in Subsection (L).
For designated e-File case types, except as provided in Subsection (L) of this Rule, the Court shall not accept or file any pleadings or instrument in paper form. Parties shall electronically file a document by registering to use the Court’s authorized electronic filing system.
Page 49 | Rule 38: Electronic Filing (e-Filing) of Court Documents
Parties may file documents on paper with the Clerk in person or by U.S. Mail; the documents are deemed filed and become the official record when the Clerk enters them in the e-File system.
parties may file documents in paper form with the Clerk in person or by U.S. Mail. Documents filed in accordance with this Rule shall be deemed filed and shall become the Court’s Official Court Record when they are entered by the Clerk in the Court’s e-File system.
Page 54 | Exceptions to E-Filing
Subpoenas to be issued by the Clerk must be filed on paper with the Clerk.
Subpoenas which are to be issued by the Clerk shall be filed in paper form with the Clerk.
Page 54 | Exceptions to E-Filing
Bonds filed in criminal cases must be filed on paper with the Clerk.
Bonds filed in criminal cases shall be filed in paper form with the Clerk.
Page 54 | Exceptions to E-Filing
Exhibits, attachments, or other documents that may not be comprehensibly viewed in a .pdf shall be filed in their physical form with the Court.
Exhibits, attachments, or other documents that may not be comprehensibly viewed in a .pdf shall be filed in their physical form with the Court.
Page 54 | Exceptions to E-Filing
Documents related to Civil Protections Orders, Certificates of Judgments, and Executions of Judgment must be filed on paper with the Clerk.
All documents related to Civil Protections Orders, Certificates of Judgments and Executions of Judgment shall be filed in paper form with the Clerk.
Page 54 | Exceptions to E-Filing
Documents requiring a filing deposit or fee must be filed in the same manner as other e-filed documents.
Any document requiring payment of a filing deposit or fee to the Clerk in order to achieve valid filing status shall be filed in the same manner as any other e-Filed document.
Page 55 | L. COLLECTION OF FILING DEPOSIT AND FEES
Documents approved for sealing at either the “No Remote Access by Public” or “No Remote or Direct Access by Public” level must be e-filed under Local Rule 38.
(i) No Remote Access by Public: The documents shall be e-Filed pursuant to Local Rule 38. (ii) No Remote or Direct Access by Public: The documents shall be e- Filed pursuant to Local Rule 38.
Page 56 | RULE 39, B. SEALED DOCUMENTS, 3. Method of Filing
Pleadings and other papers may be filed with the Clerk by fax at the listed number, subject to the rule’s conditions.
Pleadings and other papers may be filed with the Clerk of Courts by facsimile transmission to 937/498-4840 subject to the following conditions:
Page 7 | Rule 4: Facsimile Filings
The pretrial statement may be e-mailed to the assignment commissioner at akirtley@shelbycountycommonpleas.com and a copy forwarded to opposing counsel.
The pretrial statement may be e-mailed to the assignment commissioner at akirtley@shelbycountycommonpleas.com and a copy forwarded to opposing counsel.
Page 16 | Pretrial Statement
Criminal case documents filed at or before arraignment are listed as exceptions to e-filing.
Criminal case documents filed at arraignment and prior to arraignment.
Page 54 | Exceptions to E-Filing
A Motion, Entry, and Certification for Appointed Counsel Fees is listed as an exception to e-filing.
Motion, Entry, and Certification for Appointed Counsel Fees.
Page 54 | Exceptions to E-Filing
Garnishments are listed as an exception to e-filing.
Garnishments
Page 54 | Exceptions to E-Filing
Self-represented litigants who are not registered e-filing users may file paper documents with the Clerk in person or by U.S. Mail.
Litigants not represented by Counsel (Pro Se) who are not registered users of the Court’s e-File system may file documents in paper form with the Clerk in person or by U.S. Mail.
Page 46 | Rule 38: Electronic Filing (e-Filing) of Court Documents
Pro Se parties are not required to register with the Court’s e-File system.
Pro Se parties are not required to register with the Court’s e-File system.
Page 48 | Registration in e-File System
Any filing may be submitted electronically to the Clerk at any time, including weekends.
1. Submission: Any filing may be e-Filed with the Clerk 24 hours a day, 7 days a week.
Page 51 | H. TIME, EFFECT AND PROCESS OF e-Filing
Filing Timing and Cure Windows
A fax-filed document is accepted as the effective original filing.
A document filed by fax shall be accepted as the effective original filing.
Page 7 | Rule 4: Facsimile Filings
Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the fax document is filed.
Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document.
Page 8 | Rule 4: Facsimile Filings
An accepted fax filing is considered filed when the Clerk time-stamps it, not when it was transmitted.
Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the fax transmission.
Page 9 | Facsimile Filings
When no other deadline applies, a pleading or amended pleading must be filed by the tenth day after the entry granting or requiring leave is filed.
In all cases where the time for filing of a pleading or an amended pleading is not fixed by law or another Rule, the pleading or amendment shall be filed on or before the tenth day after the file date of the Entry requiring or granting leave for the filing of such pleading or amended pleading.
Page 13 | Rule 14: Rule Day
If the Court determines that a Civil Rule 12 motion to dismiss is in the nature of a summary-judgment motion, it will notify the parties and give opposing counsel 20 days to reply.
In the event a Motion to Dismiss is filed pursuant to Civil Rule l2, and the Court determines that it is in the nature of a Motion for Summary Judgment, notice of this fact will be given by the Court to the parties, and 20 days will be given opposing counsel to reply to the Motion.
Page 13 | Rule 15: Hearing and Submission of Motions
All parties must file pretrial statements with the Judge’s assignment commissioner at least five days before pretrial.
Pretrial statements by all parties shall be filed with the Judge’s assignment commissioner (not the Clerk of Courts) at least five days before the date of pretrial.
Page 16 | Pretrial Statement
A receiver must report to the Court within one month of appointment and submit an inventory, appraisement, and accounting of receipts and expenditures to date.
Within one (l) month after his appointment, the receiver shall report to the Court, submitting his inventory and appraisement, and include his accounting of receipts and expenditures to date.
Page 21 | RULE 20 — Receiverships
Unless the Court orders otherwise, a party presenting an audio/video deposition must submit it to the Court, not the Clerk, five court days before trial or a hearing.
If an audio/video version of a deposition is to be presented during trial or a hearing, the attorney or pro se 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 22 | RULE 21 — Depositions
Unless the Court orders otherwise, the attorney of record must file written deposition transcripts by the pretrial-statement deadline or seven days before trial, whichever is earlier.
In addition to the requirements set forth in Civ. R. 30-32 and Sup. R. 13, unless otherwise ordered by the Court, written deposition transcripts shall be filed by the attorney of record prior to the deadline for filing the pretrial statement(s) or seven days prior to trial, whichever is earlier.
Page 22 | RULE 21 — Depositions
The required title opinion must be filed at least ten days before confirmation.
Such title opinion shall be filed in the proceeding at least ten days prior to the date of confirmation.
Page 23 | RULE 23 — Judicial Sales
The affidavit of publication must be filed before the sale.
Counsel for the party requesting any sale shall prepare any newspaper publication required, cause the same to be published at the party’s expense, and file an Affidavit of Publication with the Clerk and Sheriff prior to sale.
Page 25 | Rule 24 — Sheriff's Sale and Private Selling Officer’s – Executions
Absent good cause, subpoena requests must be filed with the Clerk at least 24 hours before trial for the Clerk to be required to issue them and the Sheriff to serve them.
Except for good cause shown, the Clerk shall not be required to issue subpoenas, nor the Sheriff required to serve the same, unless requests are filed with the Clerk at least 24 hours prior to the time set for trial.
Page 25 | Rule 25 — Subpoenas
Pretrial motions in criminal cases must be heard at least 48 hours before trial.
All such Motions shall be heard by the Court at least 48 hours before trial.
Page 26 | Rule 26 — Motions in Criminal Cases
Requests to record proceedings must be made at least 24 hours before the session, although the Judge may waive advance notice for good cause.
All requests to record proceedings shall be made in writing to the Judge; be on the appropriate from (Appendix 1) submitted through the bailiff; and as far in advance as is reasonably possible but in no event later than twenty-four hours prior to the courtroom session to be recorded. Upon a showing of good cause, the Judge may waive the advance notice provision.
Page 29 | Rule 33: Recording of Court Proceedings
A media request must be presented at least 24 hours before a court proceeding.
NOTE: The media request must be presented at least 24 hours in advance of a court proceeding.
Page 32 | MEDIA REQUEST
A prospective juror requesting an excuse must take all necessary actions to obtain a ruling no later than the scheduled jury-duty appearance date.
A prospective juror who requests to be excused from jury service under this section shall take all actions necessary to obtain a ruling on that request by not later than the date on which the prospective juror is scheduled to appear for jury duty.
Page 42 | 2313.16(B)(1)
Documents filed under Rule 38 are deemed filed and become the official court record when the Clerk enters them in the Court’s e-File system.
Documents filed in accordance with this Rule shall be deemed filed and shall become the Court’s Official Court Record when they are entered by the Clerk in the Court’s e-File system.
Page 46 | Rule 38: Electronic Filing (e-Filing) of Court Documents
A rejected submission is not part of the court record and must be resubmitted to meet requirements within 48 business hours; otherwise, it will be rejected.
(i) If the submission is rejected, the document shall not become part of the Court record and the filer shall be required to re-submit the 51 ===== PAGE 52 ===== document to meet the requirements within 48 business hours. If not resubmitted within 48 hours, the document will be rejected.
Page 52 | H. TIME, EFFECT AND PROCESS OF e-Filing
An accepted submission is deemed filed upon acceptance and receives an electronic stamp showing when it was submitted.
4. Official Time Stamp: Upon acceptance, the 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 Court’s e-File system. Once accepted the document will be deemed filed for purposes of Ohio Law and relevant Rules of Court Procedure.
Page 52 | H. TIME, EFFECT AND PROCESS OF e-Filing
A motion for leave to appear by video conference must be filed at least 14 days before the hearing unless the Court authorizes otherwise.
Motions requesting leave to appear via video conference must be filed no later than fourteen (14) days prior to the scheduled hearing, unless authorized by the Court.
Page 57 | RULE 41 — Remote Video Proceedings
If a fax filing lacks required cover-page information, the Clerk may file it or place it in the failed-fax file, in which case it is not considered filed.
If a document is sent by fax to the Clerk of Courts without the cover page information listed above, the Clerk may, at its discretion: 1. Enter the document in the case docket and file the document; or 2. Deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Courts.
Page 8 | Rule 4: Facsimile Filings
The Clerk need not notify the sender of a failed fax filing but may do so if practicable.
The Clerk of Courts is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Courts may inform the sending party of a failed fax filing.
Page 8 | Rule 4: Facsimile Filings
The Clerk's office is deemed open to receive fax filings only on the days and during the times the court is regularly open for business.
The office of the Clerk of Courts will be deemed open to receive facsimile transmission of documents on the same days and at the same time the court is regularly open for business.
Page 9 | Facsimile Filings
The sending party bears the risks of fax filing, and filers are urged to verify receipt with the Clerk using available technology.
The risks of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Courts through whatever technological means are available.
Page 9 | Facsimile Filings
The Clerk may reject a pleading that does not comply with the jury-demand rule.
The Clerk is authorized to reject for filing any pleading not in conformity with this rule.
Page 12 | Rule 10: Jury Demand
The moving party may file a reply memorandum within seven days after the answer memorandum is filed.
The moving party may file a Reply Memorandum within seven (7) days after the filing of such Answer Memorandum.
Page 13 | Rule 15: Hearing and Submission of Motions
Depositions are not to be filed with the Clerk until they are needed for trial.
There shall be no distinction between a discovery deposition and a trial deposition. Depositions shall not be filed with the Clerk until needed for trial.
Page 22 | RULE 21 — Depositions
The e-File system must issue a receipt confirmation showing the receipt date and time, which serves as proof of receipt.
2. Receipt: Upon receipt, the Court’s 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 51 | H. TIME, EFFECT AND PROCESS OF e-Filing
If a system error prevents receipt, the Court may, upon satisfactory proof, order the document filed as of its submission date.
5. System Errors: If a submission is not received by the Court because of a System Error, the Court may, upon satisfactory proof, enter an order permitting the document to be filed to the date it was submitted.
Page 52 | H. TIME, EFFECT AND PROCESS OF e-Filing
The Clerk of Court may acknowledge a fax transmission but is not required to do so.
The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission.
Page 9 | Facsimile Filings
Service and Proof of Service Rules
Filers must not transmit service copies by fax.
The filer shall not transmit service copies by facsimile.
Page 9 | Facsimile Filings
For international service by mail, the requesting party must follow current USPS guidelines and specify the appropriate mailing method to the Clerk under Civil Rule 4.1.
B. International Service by Mail: The requesting party shall follow the current United States Postal Service guidelines and shall specify to the Clerk the appropriate mailing method to be used (e.g. registered mail), in compliance with Civil Rule 4.1.
Page 10 | Rule 6: Service
A party requesting service by process server must file a motion, affidavit, and order appointing the process server with the Clerk under Ohio Civil Rule 4.1.
E. By Process Server: The requesting party shall file a motion, affidavit and order to appoint the process server with the Clerk of Court in compliance with Rule 4.1 of the Ohio Rules of Civil Procedure.
Page 10 | Rule 6: Service
In civil filings, a plaintiff must initially choose one Civil Rule 4.1 service method and may not request an alternative until a return shows that service failed.
A. In General: In all civil filings, the plaintiff shall initially choose one method of service as provided for in Civil Rule 4.1 and may not request service by an alternate method until there is a return showing failure of service.
Page 10 | Rule 6: Service
For service by publication, counsel must submit the proposed notice to the Clerk for approval; after approval, the party transmits it to a newspaper of general circulation and pays publication costs.
C. By Publication: Counsel for a party desiring service by publication shall submit to the Clerk of Courts the proposed legal notice for approval. After approval, the Clerk will cause publication pursuant to Civil Rule 4.4 by returning said notice to the party for transmittal to a paper of general circulation. The requesting party shall be responsible for publication costs.
Page 10 | Rule 6: Service
Certified mail in a proceeding involving title to real estate must be marked for delivery restricted to the addressee.
All certified mail shall be marked that delivery is restricted to addressee if title to real estate is involved in the proceeding.
Page 12 | Rule 11: Service of Copies and Notices
Copies of all correspondence addressed to the Court by any party or counsel shall be mailed or furnished to other counsel or parties in the case, and the correspondence to the Court should disclose to whom it was furnished.
Copies of all correspondence addressed to the Court by any party or counsel shall be mailed or furnished to other counsel or parties in the case, and the correspondence to the Court should disclose to whom it was furnished.
Page 12 | Rule 12: Ex Parte Communications with the Court
Immediately after filing the continuance entry, the applicant must send opposing counsel a copy with proof of service noted on it.
The applicant shall there upon notify the opposing counsel by sending a copy of such Entry with proof of service noted thereon, immediately after filing.
Page 12 | Rule 13: Continuances
Each opposing party must serve and file an answer memorandum within fourteen days after the motion is filed.
Within fourteen (l4) days after filing of such Motion, each party opposing the Motion shall serve and file a like Answer Memorandum.
Page 13 | Rule 15: Hearing and Submission of Motions
The pretrial statement may be e-mailed to the assignment commissioner at akirtley@shelbycountycommonpleas.com and a copy forwarded to opposing counsel.
The pretrial statement may be e-mailed to the assignment commissioner at akirtley@shelbycountycommonpleas.com and a copy forwarded to opposing counsel.
Page 16 | Pretrial Statement
Upon transfer of the real estate to the purchaser, the Sheriff’s Office must serve the writ of possession on all occupants.
Upon the transfer of the real estate to the Purchaser, the Shelby County Sheriff’s Office shall serve the Writ of Possession to any and all occupants of the real estate.
Page 25 | Rule 24 — Sheriff's Sale and Private Selling Officer’s – Executions
A party must serve the motion on opposing counsel and file proof of service.
A party shall serve a copy of the Motion upon opposing counsel and file proof of service.
Page 26 | Rule 26 — Motions in Criminal Cases
Registered Users assent to email as the default service method for all documents other than Complaints.
A Registered User, by virtue of his/her registration with the CMS, expressly assents to service by email as the default method of service for all documents except Complaints.
Page 47 | Registered User
The listed documents filed electronically with the Clerk must be served by the parties and the Court in accordance with Ohio Civil Rule 5.
All pleadings (unless excluded herein), motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders and other documents filed electronically with the Clerk shall be served by the parties to a case and the Court in accordance with Ohio Civil Rule 5.
Page 48 | Service of Documents
When Clerk service is required or requested, Instructions for Service must be filed separately and identify the names and addresses of the parties to be served.
For all documents that require service by the Clerk or documents for which a party is requesting that service be made by the Clerk, Instructions for Service shall be filed as a separate document. The Clerk shall not accept Instructions for Service that do not designate the names and addresses of the parties to be served.
Page 52 | I. SERVICE
After an order or entry is signed and filed, the Court or Clerk must serve copies.
After the order or entry has been signed and filed, the Court or Clerk shall serve copies of all entries and orders.
Page 53 | Documents Filed Subsequent to Complaint or Indictment — Entries and Orders
Proof of service must be made for all documents required or permitted to be served, in compliance with the cited civil and criminal rules.
Proof of service of all documents required or permitted to be served shall be made in compliance with Civ. R. 5(B) (2) and Crim. R. 49(C).
Page 53 | Certificate of Service by attorneys or parties
The filer, rather than the Clerk, must serve documents filed after the original complaint on all parties or their attorneys.
In accordance with Civ. R. 5(B)(2) and Crim. R. 49, the filer, not the Clerk, shall be responsible for serving all documents filed subsequent to the original complaint on all parties or their attorneys.
Page 53 | Documents Filed Subsequent to Complaint or Indictment
The filer must serve paper copies of judge-access-only sealed documents on every party in the case.
The filer is required to serve paper copies of the sealed documents on all parties in the case.
Page 56 | RULE 39, B. SEALED DOCUMENTS, 3. Method of Filing
The filer must notify unregistered pro se parties when a judge-access-only document is filed.
The filer shall notify pro se parties not registered with the Court’s e-File system that a document with “Judge Access Only” was filed.
Page 56 | RULE 39, B. SEALED DOCUMENTS, 3. Method of Filing
Unless the serving party gives contrary written instructions, the Clerk may serve process by commercial carrier using delivery that requires a signed receipt with delivery details.
D. By Commercial Carrier: Unless the serving party furnishes written instructions to the Clerk that service be made pursuant to Civil Rule 4.1(A)(1)(a), the Clerk may make service of any process by a commercial carrier service utilizing any form of delivery requiring a signed receipt. The Clerk shall deliver a copy of the process and complaint or other document to be served to a commercial carrier service for delivery at the address set forth in the caption or at the address set forth in written instructions furnished to the Clerk with instructions to the carrier to return a signed receipt showing to whom delivered, date of delivery, and address where delivered.
Page 10 | Rule 6: Service
For designated e-File case types, the Clerk has discretion over service of Court Initiated Filings.
For designated e-File case types, service of Court Initiated Filings shall be made at the Clerk’s discretion.
Page 48 | Service of Court Initiated Filings
If a party’s address is unknown, the filer must enter “unknown,” and the Clerk will attempt service by certified mail unless the attorney’s instructions specify otherwise.
If the address of the party to be served is unknown, the filer shall substitute “unknown” for the address and the Clerk will attempt to serve at the unknown address by certified mail, unless specified by instructions for service by attorney.
Page 52 | I. SERVICE
Filing Fees and Waivers
Civil actions and proceedings will not be accepted for filing until a deposit is made to secure costs.
No civil actions or proceedings shall be accepted for filing by the Clerk unless the party or parties offering the same for filing shall have first deposited a sum of money to secure the payment of costs.
Page 4 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
The advance deposit for a Certificate of Qualification is $50.
Certificate of Qualification $50
Page 4 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
The advance deposit for a praecipe for an order of sale conducted by a private selling officer with court permission and a writ of possession is $600.
Praecipe for Order of Sale with Sale to be Conducted by Private Selling Officer with Court Permission with Writ of Possession $600
Page 4 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
The advance deposit for a praecipe for an order of sale conducted by real auction with a writ of possession is $1,100.
Praecipe for Order of Sale with Sale to be Conducted by Real Auction with Writ of Possession $1,100
Page 4 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
The advance deposit for a civil foreclosure is $600.
Civil Foreclosure $600
Page 4 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
The advance deposit for a civil complaint or appeal to the Court of Common Pleas, other than foreclosure, is $300.
Civil Complaint/Appeal to C.P.C. (other than foreclosure) $300
Page 4 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
The advance deposit for a praecipe for service by UPS for up to five parties is $200.
Praecipe for Service by UPS (up to 5 parties) $200
Page 4 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A qualifying plaintiff's affidavit of inability permits filing without a cost deposit or security, but the Clerk cannot accept the affidavit until the Court approves it, and it remains subject to review during the proceeding.
Where the Plaintiff makes an affidavit of inability to pay or secure costs as provided by 2323.3l O.R.C., the Clerk of Courts shall receive and file such complaint without such deposit or security, provided however, the Clerk shall not accept for filing any affidavit of a party's inability to make the required deposit for costs, unless and until the Court has indicated approval thereon. Said affidavits are subject to Court review at any stage of the proceeding.
Page 6 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
For a foreclosure sale order or a praecipe to execute on real estate, the Clerk estimates taxable costs and the initiating party or parties must deposit those costs before further proceedings.
At such time as an Order of Sale is approved by the Court on foreclosure, or when a praecipe is filed for execution on real estate, the Clerk shall estimate all costs taxable through the Clerk’s office, such as appraiser’s fees, sheriff’s fees, writ of possession fees, and poundage, etc. A deposit from the party or parties initiating the action for the sale of the real estate shall be paid before further proceedings shall take place.
Page 6 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A fax filing that requires a fee will not be accepted until costs and fees are paid, and the Clerk must be contacted before faxing to arrange payment.
No document filed by facsimile that requires a filing fee shall be accepted by the Clerk for filing until court costs and fees have been paid. The Clerk of Courts shall be contacted prior to faxing when a filing fee is due, in order to make arrangements for the payment of filing fees.
Page 9 | Facsimile Filings
A party demanding a jury in a civil case must deposit $500 with the Clerk at least 30 days before trial, or the jury demand is waived.
Any party demanding trial by jury, in a civil case, shall deposit the sum of $500 as an advance deposit to secure the costs of said jury. Said deposit shall be delivered to the Clerk at least 30 days prior to the trial. Further, failure to deliver and make such deposit within said time shall constitute a waiver of trial by jury.
Page 12 | Rule 10: Jury Demand
A subpoena requester must attach checks payable to each witness for the required fees and, when travel is outside city limits, mileage at 40 cents per mile both ways.
The Clerk of Courts shall not be required to issue subpoenas unless the party so requesting the issuance of a subpoena shall have attached checks to the subpoenas, made out to the witness called to testify, in the appropriate amount, fees plus mileage when out of the city limits, at the rate of 40 cents per mile, both ways, as required by Section 2335.06 of the Revised Code.
Page 25 | Rule 25 — Subpoenas
A $75 additional court-cost deposit is required for sheriff’s execution sales of personal property.
On all sales of personal property by the Sheriff as upon Execution, an additional deposit of Court costs in the amount of $75 shall be made.
Page 25 | Rule 24 — Sheriff's Sale and Private Selling Officer’s – Executions
A record will not be sealed until court costs are paid.
Sealing of record will not be granted until court costs have been paid.
Page 29 | Rule 32: Sealing of Records
Before action on a CQE petition, the petitioner must pay a $50 deposit in a form accepted by the court, although a judge may waive some or all of it and the petitioner may request a reduction.
Before any action is required to be taken on the Petition, the Petitioner must pay a deposit in the amount of $50. Payment of this deposit may be made in any form otherwise accepted in the court of filing. A Judge may waive some or all of the deposit otherwise required by this Rule. The Petitioner may submit an Affidavit of Indigency (Form B) or other relevant information for the Court’s consideration if requesting a reduction in the filing fees.
Page 44 | Rule 36: Certificate of Qualification for Employment
An electronically filed document requiring a fee may be rejected if the filer has not complied with the court’s fee-payment mechanism.
Any document filed electronically that requires a filing fee may be rejected by the clerk of court unless the filer has complied with the mechanism established by the court for payment of filing fees in accordance with Civ. R. 5(E)(3).
Page 49 | Rule 38: Electronic Filing (e-Filing) of Court Documents
A third-party complaint costs $150.
Third Party Complaint $150
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
An objection to intent to relocate costs $135.
Objection to Intent to Relocate $135
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
Preparation and Filing of Certificate of Judgment $25
Preparation and Filing of Certificate of Judgment $25
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
An exemplified copy of a judgment costs $4.
Exemplified copy of judgment $4
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
Preparing a certificate of judgment costs $5.
Preparation of Certificate of Judgment $5
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
Filing a foreign judgment, including a certificate of judgment, costs $185.
Foreign Judgment (includes Certificate of Judgment) $185
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
An agreed entry with a health insurance order costs $160.
Agreed Entry with Health Insurance Order $160
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A motion for contempt costs $150.
Motion for Contempt $150
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A notice of intent to relocate costs $135.
Notice of Intent to Relocate $135
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A dissolution costs $300.
Dissolution $300
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
The Clerk shall charge $5 to release a Certificate of Judgment.
Releasing of Certificate of Judgment $5
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
An application for relief from disability costs $300.
Application for Relief from Disability $300
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
Filing a certificate of judgment costs $20.
Filing of Certificate of Judgment $20
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
An agreed entry costs $135.
Agreed Entry $135
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
Service on each additional party for a judgment debtor examination costs $25.
(service of each additional party) $25
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A divorce action with publication notice costs $300.
Divorce Action with publication notice $300
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
An answer and counterclaim with service costs $150.
Answer and Counterclaim (with service) $150
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A writ of possession with sheriff fee costs $225.
Writ of Possession with Sheriff Fee $225
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
Releasing a state certificate of judgment costs $30.
Releasing a State Certificate of Judgment $30
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
Certified copies cost $1 per page plus a $1 computerization fee per document.
Certified copies $1 per page and $1 computerization fee per document
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
Each incoming or outgoing fax page costs $3.
Fax per page (incoming and out-going) $3
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
In cases with multiple parties, the Clerk may require the party requesting service to advance an amount the Clerk estimates will cover service costs.
In cases of multiple parties, the Clerk may require the party requesting service to advance an amount estimated by the Clerk to be sufficient to cover the cost thereof.
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A judgment debtor examination with service on one party costs $135.
Judgment Debtor Examination (service of one) $135
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
Sealing a record or expungement costs $100.
Sealing of Record/Expungement $100
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A court-ordered title costs $135.
Court-Ordered Title $135
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
An aid in execution costs $150.
Aid in Execution $150
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
An incoming or outgoing fax transmission costs $3.
Fax transmission (incoming and out-going) $3
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A recording of a proceeding costs $10 per flash or thumb drive.
Recording of Proceeding $10 per flash/thumb drive
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A motion to revive judgment costs $150.
Motion to Revive Judgment $150
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A notice of appeal to the Third District costs $150.
Notice of Appeal to Third District $150
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A divorce action costs $300.
Divorce action $300
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A qualified domestic relations order costs $135.
Qualified Domestic Relations Order $135
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A cognovit complaint costs $300.
Cognovit Complaint $300
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
Each non-certified copy costs 10 cents per page.
Copies per page (not certified) 10 cents
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A non-certified computer-generated report costs $1 per page.
Computer-Generated Reports (not certified) $1 per page
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A $500 jury deposit is due 30 days before trial.
Jury Deposit (Due 30 days before trial.) $500
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
A garnishment costs $135.
Garnishment $135
Page 5 | Rule 3: Deposit of Cash to Secure Costs, Bonds, etc.
Sealing & Redaction Procedures
Before filing written deposition transcripts, the attorney of record must omit or redact all personal and private information.
The attorney of records shall omit or redact all personal and private information from the written deposition transcripts prior to filing.
Page 22 | RULE 21 — Depositions
Social security numbers and other information that must be excluded from the public record must be redacted under the court’s rules and the Rules of Superintendence.
All social security numbers and other information that must be excluded from public record shall be redacted in accordance with the rules of this court and the Rules of Superintendence.
Page 44 | Rule 36: Certificate of Qualification for Employment
Personal and private information must not be included in filed documents unless necessary and relevant, or filed separately in a secure document; this rule also covers exhibits and addenda.
The filer shall not include personal and private information in any document filed with the Court unless such inclusion is necessary and relevant to the case, unless it is filed as a separate document – such as the Personal Identifier Information Sheet, which is a secure document not subject to public record. This requirement extends to and includes exhibits or addenda attached to filings, such as preliminary and financial reports which itemize state liens that use social security numbers as case numbers or medical records.
Page 53 | Personal and Private Information in Documents Filed with the Clerk — Exclusion
When personal or private information must be included, redact all but the last four digits of identifying numbers, use only a minor’s initials, and replace other such information with “[REDACTED]”.
If personal and private information is necessary and must be included in a document, the filer shall redact the personal and private information from the document in the following manner: 53 ===== PAGE 54 ===== (i) For social security numbers, financial account numbers, or other personal identification numbers, all but the last four digits of the number shall be redacted. (ii) For minors, only the child’s initials shall be included. (iii) For any other personal or private information, the information shall be replaced with “[REDACTED]”.
Page 53 | Personal and Private Information in Documents Filed with the Clerk — Redaction
A sealed filing requires a court-approved motion and proposed order identifying the requested access level, and the documents sought to be sealed must not be attached to the motion.
The Clerk shall not accept any document to be filed under seal unless a Motion to make the filing has been made and approved by the Court. The Motion and proposed Order shall designate the requested level of access. The documents that are petitioned to be filed under seal shall not be attached to the Motion, as the Motion will not be sealed.
Page 55 | RULE 39, B. SEALED DOCUMENTS, 1. Motion
At the “Judge Access Only” level, access to the documents is limited to the Judge, while only the docket is available through the e-File and Public Records Online systems.
(iii) Judge Access Only No access is permitted by Court staff, Clerk staff, counsel of record, or the public. Access to the documents will be limited to the Judge. Only the docket will be available through the Court’s e- File system and the Public Records Online system.
Page 56 | RULE 39, B. SEALED DOCUMENTS, 2. Levels of Access
Judge-access-only sealed documents must be delivered to the Clerk in a sealed envelope with specified identifying information and a conspicuous judge-access-only notation; the Clerk must file-stamp and retain the envelope and make the specified docket entry.
(iii) Judge Access Only: The documents shall be filed with the Clerk, secured in a sealed envelope, with the face of the envelope containing the case caption, a descriptive title of the document (unless the information has been included among the information sealed), the date of the order permitting the item to be sealed, and a conspicuous notation stating “DOCUMENTS UNDER SEAL – JUDGE ACCESS ONLY”. The Clerk shall file-stamp the face of the envelope, enter on the docket that the document was filed under seal with “Judge Access Only”, and retain the envelope in the Clerk’s office.
Page 56 | RULE 39, B. SEALED DOCUMENTS, 3. Method of Filing
Unless the Judge orders otherwise, in camera documents must be submitted directly to the Judge rather than filed with the Clerk; if filing with the Clerk is ordered, the judge-access-only sealed-document procedure applies.
Unless otherwise ordered by the Judge, documents submitted for in camera review shall be submitted directly to the Judge and not filed with the Clerk. If the Judge orders that documents submitted for in camera review be filed with the Clerk, the filer shall follow the procedures set forth in Subsection (B)(3)(c) of this Rule.
Page 56 | RULE 39, C. IN CAMERA DOCUMENTS
For the “No Remote Access by Public” level, online public access is restricted, while public access to documents is available through the Clerk’s office during regular business hours.
(i) No Remote Access by Public Access to documents via the Clerk’s Public Records Online is limited to Judge, Court staff, Clerk staff, and counsel of record. Public access to documents will be available only through the Clerk’s office during regular business hours. The docket and access to documents will be available through the Court’s e-File system, but only the docket will be available through the Clerk’s Public Records Online.
Page 55 | RULE 39, B. SEALED DOCUMENTS, 2. Levels of Access
For the “No Remote or Direct Access by Public” level, the public has no access to documents through the Clerk’s office or Public Records Online.
(ii) No Remote or Direct Access by Public Access to documents via the Clerk’s Public Records Online is limited to Judges, Court staff, Clerk staff and counsel of record. No public access to documents through the Clerk’s office. The docket and access to documents will be available through the Court’s e-File system, but only the docket will be available through the Public Records Online.
Page 56 | RULE 39, B. SEALED DOCUMENTS, 2. Levels of Access
Filing Bundling Requirements
Discovery demands, replies, interrogatories, depositions, and other discovery materials must be held and not filed with the Clerk until needed for trial.
Discovery demands, replies, interrogatories, depositions and other discovery material shall not be filed with the Clerk until needed for trial.
Page 19 | Rule 17 — Discovery
Pre-Motion Conference Requirements
Counsel must participate in informal pretrial discovery conferences unless circumstances clearly dictate otherwise.
Unless circumstances clearly dictate otherwise, counsel shall participate in informal pretrial discovery conferences to reduce, in every way possible, the filing of discovery demands and procedures;
Page 19 | Rule 17 — Discovery
Counsel are encouraged to explore discovery matters informally with opposing counsel before filing discovery demands, motions, applications, or protective-order requests.
to that end, it is suggested that no Interrogatories, Requests, Motions or Applications or Protective Orders shall be filed under Civil Rule 26-37, inclusive, until counsel have diligently explored such objectives with opposing counsel in an effort to informally handle all discovery matters and to reduce or clarify the issues in controversy to facilitate their presentation at trial.
Page 19 | Rule 17 — Discovery
Adjournment & Extension Requirements
A continuance requires full compliance with Ohio Superintendence Rule 41; if granted, the applicant must prepare an entry stating the reason, requesting attorney, and new date certain obtained from the Assignment Commissioner.
A continuance may be granted only upon full compliance with Rule 41 of The Rules of Superintendence for the Courts of Ohio. If the request is granted, the applicant shall prepare a Judgment Entry which shall contain the reason for the continuance, the name of the attorney who made the request and the new date certain to which the matter has been continued, which date shall be first obtained from the Assignment Commissioner.
Page 12 | Rule 13: Continuances
After a trial schedule is set, counsel with a conflict on a scheduled trial date must immediately file a Motion for Continuance and attach a file-stamped copy of the scheduling notice creating the conflict.
After a trial schedule is established, counsel who has a conflict with a scheduled trial date should immediately file a Motion for Continuance so that the case may be rescheduled and a replacement case inserted in its stead.
Page 13 | Rule 13
The Court may grant a continuance of the trial date only under special circumstances.
Continuances of the trial date may be granted by the Court only under special circumstances.
Page 17 | Pretrial conference
After counsel dies or formally withdraws, a party has 14 days to secure new counsel; the period may be extended on application of the parties, and proceedings may continue if suspension would work an injustice to the opposing party.
If counsel for a party shall die or formally enter withdrawal from a case, a party shall have l4 days in which to secure new counsel. During such time, no actions will be taken in said cause unless the Court shall determine that suspension shall work an injustice to the opposite party. Upon application of the parties, said time may be extended.
Page 27 | Withdrawal of Trial Counsel
Continuances are discouraged.
All continuances are discouraged.
Page 12 | Rule 13: Continuances
Chambers Communication Rules
The Court will disregard correspondence that does not comply with the rule on copies of correspondence.
The Court will disregard correspondence not in compliance with this rule.
Page 12 | Rule 12: Ex Parte Communications with the Court