Stark County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A party may obtain one stipulated extension of up to 30 days by filing a written stipulation approved by all counsel when no prior extension has been granted.
- The extension stipulation must expressly state that no prior extension has been granted.
- An initial stipulated extension does not require submission to the Court.
- +5 more
Request must include
Page & Word Limits3 rules
A fax transmission may not exceed 10 pages.
Fax transmissions shall not exceed 10 pages.
Fax Transmission
10 pages
A document submitted for fax filing may not exceed 10 pages.
any document exceeding 10 pages in length (see IX, Length of Document)
Fax Filing
10 pages
A facsimile filing, including attachments, may not exceed ten pages, excluding the cover page.
Facsimile filings, including attachments, shall not exceed ten pages in length, excluding the cover page.
Facsimile Filing
10 pages
Document Format Requirements15 rules
All pleadings and motions must be legible, double-spaced, and submitted on letter-size paper.
All pleadings and motions must be legible, double-spaced and formatted in letter size (8 ½ X 11).
Attorneys must include their Ohio Supreme Court attorney registration number on every document filed with the General Division.
Attorneys are required to include their attorney registration number issued by the Supreme Court of Ohio on all documents filed with the General Division.
Every filed pleading, motion, brief, or other document must identify the filing attorney or party and provide the stated counsel contact information.
Every pleading, motion, brief or other document filed in a cause shall be identified by title and shall bear the name of the individual attorney; the attorney registration number assigned by the Clerk of the Supreme Court of Ohio; the firm, if any; office address; email address; and telephone number and fax number of counsel filing the same.
A self-represented party must provide the applicable filing and contact information when no counsel is present.
If there is no counsel, the same applicable information is required of the party filing the document.
A signed source document may be faxed with the signature or, if in the filer's possession or control, with an /s/ notation followed by the signer's name.
A party who wishes to file a signed source document by fax shall do either of the following: 1. fax a copy of the signed source document; or 2. 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 and it is in his or her possession or control.
A single pleading cannot be divided among multiple facsimile transmissions to comply with the ten-page facsimile-filing limit.
A single pleading may not be divided into multiple facsimile transmissions in order to qualify under the ten page limit for facsimile filings.
A civil stalking protection-order action must be commenced by filing a fully completed petition that is typed or legibly printed.
An action for a Civil Stalking Protection Order pursuant to R.C. 2903.214 shall be commenced by the filing of a fully completed petition, typed or legibly printed.
The transcript’s right margin must be five spaces from the right edge.
(D) the right hand margin is to be 5 spaces from the right hand edge;
Transcripts prepared by official court reporters must have 25 lines per page and use pica type or Times New Roman for computer-aided transcription.
(A) 25 lines to a page, pica type or Times New Roman if prepared by computer aided transcription;
Question-and-answer text must begin 15 spaces from the left margin, and speaker identifications must use uppercase letters.
(B) Q & A to be 15 spaces from the left hand margin and identification of the speaker should be in upper case letters;
Every transcript must include an index of proceedings and exhibits.
(E) an index to proceedings and exhibits is to be included in all transcripts.
The body of a question or answer must be indented 21 spaces from the left margin, and paragraph indentation must be 30 spaces.
(C) the indentation for the body of the question or answer should be 21 spaces from the left hand margin and paragraph indentation should be 30 spaces from the left hand margin;
A transcript or proceeding filed with the court must bear the name and address of the court reporter who prepared it.
Transcripts or proceedings filed in the Court shall bear the name and address of the reporter making up the same.
Motions, responses, and replies must be titled according to the prescribed motion, response, and reply formats.
All motions, responses, and replies shall be filed and titled in the following manner:
Discussion of an interrogatory objection must be submitted on a separate page with an appropriate caption, while the objection itself is noted below the interrogatory.
An objection to an interrogatory will be noted as such below the particular interrogatory, but discussion thereon, must be submitted on a separate page with appropriate caption.
Document Filing Requirements31 rules
Every complaint caption must state each party’s name and address when known.
The caption in every Complaint shall state the name and address, if known, of each party.
Document Type
Complaint
Subsequent pleadings and motions must include the case number, assigned judge’s name, and the first plaintiff and defendant on each side.
Subsequent pleadings and motions shall state the number of the case, the name of the Judge to whom the case is assigned, the name of the first Party Plaintiff and the first Party Defendant on each side.
Document Type
Subsequent Pleading Or Motion
The same filing condition and compliance-certificate procedure applies to discovery documents.
The same procedure shall be followed for discovery documents.
Document Type
Discovery Document
The clerk will not accept a deposition transcript without counsel’s certificate stating that it is filed under court order, for evidentiary use, or for motion consideration.
The Clerk of Court shall not accept for filing the transcript of a deposition unless it is accompanied by a certificate of compliance by counsel that the deposition is being filed on order of the Court or for use as evidence or for consideration of a motion to a proceeding.
Document Type
Deposition Transcript
An original pleading or motion, and any prior amendment, may not be withdrawn from the court files without leave of court.
Upon the filing of an amended pleading or motion, the original or any prior amendment thereof, shall not be withdrawn from the files except upon leave of Court.
Document Type
Amended Pleading Or Motion
The clerk will not accept a deposition unless counsel certifies that it complies with the applicable local rules.
The Clerk shall not accept for filing any deposition unless it is accompanied by a certification from counsel that it is being filed in compliance with this rule and Local Rule Gen R 9.05.
Document Type
Deposition
Every filed deposition must include either an index of objections or a separate objection transcript.
Every deposition filed must contain either an index of objections or a separate objection transcript.
Document Type
Deposition
Objections must include the entire interrogatory immediately before the discussion and citation of authority to which the objection relates.
Objections shall include, immediately preceding the discussions and citation of authority, the interrogatory in full to which objection is made.
Document Type
Deposition Objections
A fax filing must include a cover page with the court, case, document, transmission, page-count, assignment, and filer information specified by the rule.
The person filing a document by fax shall also provide therewith a cover page containing the following information: [See Appendix A for sample cover page form.] 1. the name of the court; 2. the title of the case; 3. the case number; 4. the assigned judge; 5. the title of the document being filed (e.g. Defendant Jones' Answer to Amended Complaint; Plaintiff Smith's Response to Defendants' Motion to Dismiss; Plaintiff Smith's Notice Filing Exhibit "G" to Plaintiff Smith's Response to Defendants' 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.
Document Type
Fax Cover Page
A missing exhibit must have a case caption cover sheet identifying the court, case title, case number, judge, and exhibit title, and the exhibit must be signed and served under the court's pleading rules.
Any missing exhibits filed under section VII. A of this rule shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff Smith's Notice of Filing Exhibit "G" to Plaintiff Smith's Response to Defendants' Motion to Dismiss) and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
Document Type
Missing Exhibit
Within 14 days after service, an opposing party must serve and file a brief statement of opposition and a citation list, with supporting evidentiary materials when facts outside the record must be considered.
Within fourteen (14) days after service, each party opposing the motion shall serve and file a brief written statement of reasons in opposition to the motion and a list of citations of the authorities on which the party relies. If the motion requires the consideration of facts not appearing of record, the party shall also serve and file copies of all affidavits, depositions, photographs or documentation evidence which the party desires to submit in opposition to the motion.
Document Type
Opposition
A moving party must serve and file a brief statement of supporting reasons and an authorities citation list with the motion, plus specified evidentiary materials when facts outside the record must be considered.
The moving party shall serve and file with the party's motion a brief written statement of reasons in support of the motion and a list of citations of the authorities on which the party relies. If the motion requires the consideration of facts not appearing of record, the party shall also serve and file copies of all affidavits, depositions, photographs or documentary evidence the moving party desires to present in support of the motion.
Document Type
Motion
An arraignment entry, including the arraignment details and defense counsel's name, must be filed with the Clerk upon the defendant's arraignment.
Upon arraignment of a defendant, an entry shall be filed with the Clerk reflecting the arraignment and the details thereof including the name of the defendant's counsel.
Document Type
Arraignment Entry
The receiver must file consecutively numbered semiannual reports with accounts, receipts and expenditures, and a plan for future receivership operations.
(C) Semiannually after filing the first report with inventory, appraisement and account, the receiver shall file 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.
Document Type
Receiver Semiannual Report
Within two months of appointment, the receiver must submit a report, inventory, appraisement, and receipts-and-expenditures account to the Court.
(B) Within two (2) months after the appointment, the receiver shall report to the Court, submitting the inventory and appraisement, and including an account of receipts and expenditures to date.
Document Type
Receiver Initial Report
Before selling receivership property appraised above $1,000, the receiver must file a report showing prior and anticipated expenditures.
(E) In all receiverships in which property appraised in excess of One Thousand Dollars ($1,000) is to be put up for public or private sale, the receiver shall file in advance of such sale a report with the Court showing the amount of expenditures incurred or to be incurred prior to the time the sale is to be conducted.
Document Type
Receiver Pre Sale Report
A partial or final fee application for the receiver or the receiver's counsel must be filed with the Clerk for Court approval.
(F) An application for payment of receiver's and counsel for receiver's fee (partial or final) shall be filed with the Clerk for approval by the Court.
Document Type
Receiver Fee Application
A receiver fee application must state enumerated time and financial information, creditor-claim status, prior authorized fees, and an estimate of time needed to complete the receivership and final distribution.
Such applications shall show time spent on enumerated items, amounts of money collected, dispersed and on hand, the status of secured and unsecured creditors' claims, including amounts claimed, payments made thereon and balances due, the amounts and dates of prior fees authorized in the case and an estimate of the amount of time necessary to complete work in the receivership and make final distribution.
Document Type
Receiver Fee Application
In quiet-title, partition, lien-marshaling, and foreclosure actions not involving registered lands, the plaintiff must procure and file specified evidence of record title within 30 days after filing the complaint.
In actions to quiet title, partition and for the marshaling and foreclosure of liens on real property, except those involving registered lands, the plaintiff shall procure and file with the Clerk, within thirty (30) days after the filing of the complaint, evidence of the record title to the property in question including but not limited to the names of the owners of the property, the record volume and page numbers of the next preceding recorded instrument by or through which the owners claim title, and the names of all lien holders of record, and any other parties claiming an interest in the real property.
Document Type
Evidence Of Record Title
The title opinion or judicial report must be dated as of service on the last titleholder and include all title-affecting matters through that date.
Such opinion or report shall be rendered as of the last date upon which all titleholders have been served the complaint and shall include all matters affecting the title up to and including the last date upon which all titleholders have been served the complaint.
Document Type
Preliminary Judicial Report
A civil stalking protection-order action requires a fully completed, typed or legibly printed petition that includes Form 10-A and the Protection Order Notice to NCIC with identifying information.
An action for a Civil Stalking Protection Order pursuant to R.C. 2903.214 shall be commenced by the filing of a fully completed petition, typed or legibly printed. A petition for a Civil Stalking Protection Order is not fully complete unless it includes a Form 10-A. Protection Order Notice to NCIC (National Crime Information Center) with all identifying information included therein.
Document Type
Civil Stalking Protection Order Petition
A Stark County resident must print the completed CQE petition, file the CQE cover sheet with the clerk, include the DRC electronic petition number, and attach the completed electronic petition.
After notification from DRC of a determination that the Petition is complete, the Petitioner is to print the Petition and file the Cover Sheet (Petition for Certificate of Qualification for Employment Ohio Revised Code 2953.25) with the Clerk of Courts for the Stark County Court of Common Pleas if the Petitioner is a resident of Stark County. The Petitioner shall include the DRC Electronic Petition Number on the Cover Sheet, and shall attach a copy of the fully completed Electronic Petition.
Document Type
Cqe Cover Sheet
Failure to comply with the deposition-filing rule may result in waiver of all objections.
Failure to comply with this rule may result in the waiver of any and all objections.
Document Type
Deposition
A standing-process-server application must be supported by an affidavit containing the listed applicant information.
A person may apply to be designated as a “standing process server” for cases filed in this court by filing an application supported by an affidavit setting forth the following information:
Document Type
Standing Process Server Application
The standing-process-server applicant must submit an order with the specified caption and appointment language.
The applicant requesting designation shall also submit an order captioned “In re: the appointment of (name of applicant) as standing process server” and stating as follows:
Document Type
Standing Process Server Order
Although the source document need not be filed, the fax filer must retain the signed source document and fax cover sheet and produce them when the court requests them.
The person making a fax filing need not file any source document with the Clerk of Courts but must, however, maintain in his or her records and have available for production on request by the court the source document filed by fax, with original signatures as otherwise required under ===== PAGE 20 ===== the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing.
Document Type
Fax Filing Source Document
A facsimile filing cover page must identify the court and fax number, sending party, case and document, judge, fax transmission date, and total number of pages including the cover page.
FACSIMILE FILING COVER PAGE RECIPIENT INFORMATION: NAME OF COURT: FAX NUMBER: SENDING PARTY INFORMATION: NAME: SUPREME COURT REGISTRATION NUMBER.(if applicable): OFFICE/FIRM: ADDRESS: TELEPHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS (if available): CASE INFORMATION: TITLE OF THE CASE: CASE NUMBER: TITLE OF THE DOCUMENT: JUDGE: FILING INFORMATION: DATE OF FAX TRANSMISSION: NUMBER OF PAGES (including this page):
Document Type
Facsimile Filing Cover Page
An exhibit that could not be accurately transmitted by fax must be timely filed as a separate document under Local Rule 9.09.
Plaintiff Smith, through counsel, hereby files Exhibit “G” to Plaintiff Smith’s Response to Defendant’s Motion to Dismiss. The referenced pleading was filed by facsimile transmission with the Court on [date]. Exhibit “G” could not be accurately transmitted by fax and is therefore being timely filed as a separate document with the Court pursuant to Local Rule 9.09.
Document Type
Notice Of Filing Exhibit
A party opposing a mediation referral or appointed mediator must file a written objection with the court within seven days after receiving notice and explain the opposition.
A party opposed to either the referral or the appointed mediator must file a written objection with the court within seven days of receiving notice of the referral or provider and explain the reasons for any opposition.
Document Type
Written Objection To Mediation Referral Or Mediator
At least five days before mediation or arbitration, each party must submit a mediation statement to the mediator and opposing parties identifying the legal and factual issues, damages, discovery status, and settlement positions; the statement is not filed in the case.
Each party shall submit to the Mediator and opposing parties a mediation statement setting forth the legal and factual issues in the case, the damages, the status of discovery, and settlement positions. This statement will not be filed in the case.
Document Type
Mediation Statement
Every CQE petition submitted through the DRC must include electronic access to the DRC CQE Summary.
All Petitions submitted through the DRC shall include electronic access to the Department of Rehabilitation and Correction CQE Summary (CQE Summary).
Document Type
Cqe Petition
Filing & Service rules
Electronic Filing Rules
A fax filing is accepted as the effective original court filing.
A document filed by fax shall be accepted as the effective original filing.
Page 19 | IV. ORIGINAL FILING
A proposed order transmitted by fax is not filed until signed by the court.
If a proposed order is transmitted as part of a fax filing, it will be forwarded to the court for consideration and will not be filed until it is signed by the court.
Page 19 | III. APPLICABILITY
The listed categories of documents and documents exceeding 10 pages cannot be filed by fax.
The following documents will NOT be accepted for fax filing: 1. original complaints; 2. any document that requires a filing fee or deposit for cost; 3. any document that requires the Clerk's Office to provide service; 4. any document that requires a judge's signature; 5. any document requiring to be certified or authenticated; 6. any liens; 7. registration of a notary; 8. trial exhibits or evidentiary materials that are not on 8 1/2 x 11 paper; 9. transcripts of depositions; 10. any notice of appeal. 11. any document exceeding 10 pages in length (see IX, Length of Document)
Page 19 | III. APPLICABILITY
Fax filings are prohibited in the specifically listed proceedings.
This rule does NOT apply to Order in Aid, objections to the attachment of property other than personal earnings, objections to garnishment of personal earnings, objections to prejudgment attachments, objections to orders of possession in replevin actions, probable cause hearings, and forcible entry and detainer proceedings. In these proceedings no facsimile transmission of documents will be accepted.
Page 19 | III. APPLICABILITY
Fax filings must be transmitted through the Clerk's 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 21 | VIII. TIME OF FILING
Attorneys and pro se litigants must file all documents electronically and receive electronic filing notices unless good cause, a court order, or the Procedures for Electronic Filing provides otherwise.
Attorneys and pro se litigants shall file all documents electronically and receive notice of filings electronically, absent a showing of good cause and unless otherwise ordered by the Court or otherwise excused by the Procedures for Electronic Filing.
Page 25 | 9.11 Filing by Electronic Means
All six pages of the CQE Petition must be completed and officially submitted electronically to the DRC for review.
All six (6) pages of the CQE Petition must be completed and officially submitted to the Department of Rehabilitation and Correction (DRC) for review.
Page 46 | GEN RULE 30.01(B) Filing a CQE
Civil proceedings must be faxed to 330-451-7853 and criminal proceedings to 330-451-7066.
Civil proceedings shall be filed by facsimile transmission to 330-451-7853. Criminal Proceedings shall be filed by facsimile transmission to 330-451-7066.
Page 18 | 9.09 Facsimile Filing, I. Provisions of the Rule
The Clerk need not notify a sender of a failed fax filing, and the sender bears the burden of confirming receipt.
The Clerk of Courts is not required to send any form of notice to the sending party of a failed fax filing. The burden of confirming the receipt of a complete facsimile transmission is on the sending party.
Page 20 | V. COVER PAGE
The Clerk of Court must follow the Court's Procedures for Electronic Filing and any amendments to that Administrative Order.
The Clerk of Court shall be governed by the Court’s “Procedures for Electronic Filing” as set forth in Administrative Order and any amendment thereto, filed in case number 20___MI_______ and published on the website of the Stark County Court of Common Pleas.
Page 25 | 9.11 Filing by Electronic Means
Pleadings and other papers may be filed with the clerk by facsimile transmission subject to the rule’s conditions.
Subject to the following conditions, pleadings and other papers may be filed with the Clerk of Courts by facsimile transmission.
Page 18 | 9.09 Facsimile Filing, I. Provisions of the Rule
Filing Timing and Cure Windows
A transcript of a video deposition must be filed simultaneously unless it was filed previously.
if a video deposition is filed, then a transcript of the deposition must be filed simultaneously unless the transcript has been filed previously.
Page 17 | 9.06(B) Filing of Deposition Testimony for Use at Trial
Unless the court orders otherwise, depositions must be filed no later than one day before trial begins.
Unless otherwise ordered by the Court, depositions must be filed no later than one day prior to the commencement of trial.
Page 17 | 9.06(A) Filing of Deposition Testimony for Use at Trial
The effective filing date and time of a fax filing is when the Clerk accepts it.
"Effective date and time of filing" means the date and time that facsimile filing is accepted by the Clerk of Courts for filing.
Page 19 | II. DEFINITIONS
A fax lacking required cover-page information or containing an incomplete document is not considered filed and is retained by the Clerk for 90 days.
If a document is sent by fax to the Clerk of Courts without the cover page information listed above or the document is incomplete, it will be deposited in a file of failed faxed documents with a notation of the reason for the failure and the document shall not be considered filed with the Clerk of Courts. Failed faxed documents will be retained by the Clerk of Courts for 90 days.
Page 20 | V. COVER PAGE
A fax document accepted by the Clerk is considered filed when the Clerk receives the fax transmission.
Subject to the provisions of the rule, 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 fax transmission was received by the Clerk of Courts.
Page 21 | VIII. TIME OF FILING
A missing exhibit that cannot be accurately transmitted by fax must be filed as a separate document within five court days after the facsimile document is filed, unless the court orders otherwise.
Unless the court otherwise orders, the missing exhibit shall be filed with the Clerk of Courts, as a separate document, not later than five court days following the filing of the facsimile document.
Page 21 | VII. EXHIBITS
A fax document exceeding the page limit is placed in the failed-fax file and is not considered filed; the Clerk retains it for 90 days.
If the facsimile document received by the Clerk of Courts exceeds the page limit, it will be deposited in a file of failed faxed documents with a notation of the reason for the failure and the document shall not be considered filed with the Cleric of Courts. The Clerk of Courts will retain failed faxed documents for 90 days.
Page 22 | IX. LENGTH OF DOCUMENT
The pre-sale expenditure report must be filed before a public or private sale of receivership property appraised above $1,000.
(E) In all receiverships in which property appraised in excess of One Thousand Dollars ($1,000) is to be put up for public or private sale, the receiver shall file in advance of such sale a report with the Court showing the amount of expenditures incurred or to be incurred prior to the time the sale is to be conducted.
Page 39 | GEN RULE 22 - RECEIVERSHIPS
The appellee must file its brief and any assignments of error within 20 days after the appellant's brief is filed.
(B) Within twenty (20) days after the appellant's brief has been filed, the appellee shall file its brief and assignments of error, if any.
Page 39 | Appeals
After the first report, the receiver must file the required reports semiannually.
(C) Semiannually after filing the first report with inventory, appraisement and account, the receiver shall file 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.
Page 39 | GEN RULE 22 - RECEIVERSHIPS
The receiver's initial report is due within two months after appointment.
(B) Within two (2) months after the appointment, the receiver shall report to the Court, submitting the inventory and appraisement, and including an account of receipts and expenditures to date.
Page 39 | GEN RULE 22 - RECEIVERSHIPS
The plaintiff must file evidence of record title with the Clerk within 30 days after filing the complaint, except in actions involving registered lands.
In actions to quiet title, partition and for the marshaling and foreclosure of liens on real property, except those involving registered lands, the plaintiff shall procure and file with the Clerk, within thirty (30) days after the filing of the complaint, evidence of the record title to the property in question
Page 40 | 24.01 Preliminary Judicial Report
If no written objection is presented within fourteen days after the sale, the court must approve the confirmation of sale and it must be filed with the clerk forthwith.
Unless proper written objection to the proposed confirmation entry is presented to the court by a party or the party's attorney within fourteen (14) days after the date of sale, a confirmation of sale shall be approved by the Court and filed with the Clerk of Courts forthwith.
Page 42 | 25.02 Post Sale Proceedings
The Sheriff must return the sale documentation to the court on the first Monday after the sale date.
On the first Monday following the date of sale, the Sheriff shall make the return to the court.
Page 42 | 25.02 Post Sale Proceedings
The Clerk accepts fax transmissions 24 hours a day, seven days a week, including holidays, but fax availability does not accelerate filing deadlines.
The office of the Clerk of Courts will be deemed open to receive facsimile transmission of documents on the basis of 24 hours per day seven days per week including holidays. [...] The fact that fax filing may be available to file certain documents at times when the office of the Clerk of Courts is not otherwise open for business DOES NOT accelerate the time for filing.
Page 21 | VIII. TIME OF FILING
The appellant may file a reply brief within 10 days after the appellee files its brief.
(C) Within ten (10) days after filing of the appellee's brief, the appellant may file a reply brief.
Page 39 | Appeals
After notice to a noncompliant plaintiff, another interested party may seek leave and, if granted, file the required title evidence within the ensuing 30 days.
Upon failure of the plaintiff to timely comply with the foregoing requirements, any other interested party upon notice to plaintiff, may procure leave to furnish and file such evidence of title within the ensuing thirty (30) days.
Page 40 | 24.01 Preliminary Judicial Report
A request for a hearing on an attorney’s withdrawal affidavit must be completed and filed within seven days after receipt of the application to withdraw.
If you desire to have a hearing regarding your attorney’s affidavit to withdraw as attorney of record, this Request for Hearing form must be completed and filed with the Court within seven (7) days after receiving the Application To Withdraw as Attorney of Record.
Page 45 | Attorney Withdrawal
Civil exhibits are retained for one year after final judgment, may be requested during that period, and will be destroyed afterward unless the court orders otherwise.
Exhibits in civil cases will be held for a period of one (1) year from the date of the final entry of judgment in the case. Parties desiring return of exhibits should make application to the Court within the one year period. All civil exhibits will be destroyed after the one (1) year time period, unless otherwise ordered by the Court.
Page 46 | GEN RULE 29 - COURT RECORDS - MANAGEMENT AND RETENTION
Service and Proof of Service Rules
When service is by publication, the party must file the required affidavit and notice of publication, arrange and pay publication costs directly with the publisher, and file the newspaper affidavit and notice copy after the last publication.
If service is to be perfected by publication pursuant to Rule 4.4(A)(1) of the Rules of Civil Procedure, the party or counsel for the party shall file with the Clerk of Courts an affidavit stating that service of summons cannot be made, together with a Notice of Publication stating a legal notice has been sent to a newspaper of general circulation. The party or counsel shall make arrangements and be responsible for all publication costs directly with the publisher. After the last publication, the party or counsel for the party shall file with the court an affidavit from the newspaper together with a copy of the notice of publication.
Page 25 | 9.10 Service by Publication
When required by the assigned judge, a pretrial statement summarizing the issues and damages must be filed with the clerk and served on opposing counsel.
(C) If a pretrial statement with summarization of the issues and damages is required by the assigned Judge, such shall be filed with the Clerk of Court, with a copy served upon opposing counsel.
Page 27 | Pretrial Conferences
Notice of assignment to a pretrial conference must be provided to counsel of record or pro se litigants at least two weeks before the conference.
(B) Notice of assignment of cases for pretrial conference shall be provided to counsel of record and/or pro se litigators at least two (2) weeks prior to such conference.
Page 27 | Pretrial Conferences
Pretrial and trial assignment notices must be served through e-filing on counsel of record and by the last-known-address method on parties not registered in the e-filing system.
14.03 Trial Dates The Assigned Judge shall select trial dates upon which a case shall be heard. Notice of pretrial and trial assignments shall be served via e-Filing on counsel of record, and to parties who are not registered users in the e-Filing system at their last known address.
Page 27 | GEN RULE 14 - ASSIGNMENT OF CASES FOR TRIAL
The Clerk must mail notice of arraignment to each defendant not in jail and provide copies to the defendant's lawyer and bondsman.
By mailing a notice of arraignment to each Defendant who is not in jail with a copy to the Defendant's lawyer and bondsman.
Page 34 | 17.04 Criminal Case Filing and Court Designation
Upon request by the prosecuting attorney, the Clerk must issue a warrant or summons for each defendant named in an indictment, attach a copy of the indictment, and obtain a return of service in accordance with Ohio Criminal Rule 9.
Upon the request of the prosecuting attorney, the Clerk shall forthwith issue a warrant (capias) or summons for each Defendant named in every indictment. A copy of the indictment shall be attached thereto containing an appropriate place for the return by the Sheriff of the service of the indictment. The warrant (capias) or summons shall be executed or served and a return to the court made therein in accordance with Rule 9 of the Ohio Rules of Criminal Procedure.
Page 34 | 17.04 Criminal Case Filing and Court Designation
Notice of a continuance motion must be served on opposing counsel, who may promptly file an opposing affidavit.
Notice of the filing of such motion shall be served upon opposing counsel who may forthwith file an affidavit in opposition.
Page 36 | 17.10 Continuance of a Trial
When the defendant has no counsel and the prosecuting attorney files a continuance motion, notice must be served on the defendant.
If the defendant has no counsel and a motion for continuance is filed by the prosecuting attorney such notice shall be served on the defendant.
Page 36 | 17.10 Continuance of a Trial
Each judgment entry must be provided to all parties, and the preparing party must serve a copy on all non-e-filing parties; the time for acts resulting from filing does not begin until notice is given.
The time for the doing of any other act resulting, caused or required by the filing of such judgment entry shall not commence until such notice has been given. All non e-Filing parties shall be served with a copy of the judgment entry by the preparing party.
Page 37
If the title evidence shows that necessary parties were not made defendants, the filing party must proceed without delay to add and serve them.
Where the evidence of title indicates that necessary parties have not been made defendants, the party filing the same shall proceed without delay to cause such new parties to be added and served.
Page 40 | 24.01 Preliminary Judicial Report
Notice that a receiver fee application has been filed must be provided to all counsel and unrepresented parties.
Notice of filing shall be provided to all counsel and unrepresented parties.
Page 40 | GEN RULE 22 - RECEIVERSHIPS
Even when the Treasurer is not a party, the plaintiff must serve the Stark County Prosecutor a copy of the proposed and final confirmation or dismissal entry.
Even when the Treasurer is not named a party in the action, the Plaintiff shall serve the Stark County Prosecutor a copy of the proposed and final confirmation entry or dismissal entry.
Page 41 | 24.05 Service of Treasurer
Within seven days after the sale, the plaintiff must deliver the proposed confirmation entry to the clerk and serve the specified recipients by regular mail.
The plaintiff shall prepare and deliver a proposed entry confirming the sale to the Clerk of Courts, and serve copies upon all parties or their attorneys of record and the Stark County Prosecutor on behalf of the Stark County Treasurer, if not a party, and the Civil Sheriff’s Department by regular mail within seven (7) days after the date of sale.
Page 42 | 25.02 Post Sale Proceedings
If certified-mail notice to a client cannot be completed, the attorney must certify the efforts made or explain why service is impracticable, and the court may grant leave to withdraw.
If an attorney who is required to give notice by certified mail to a client(s) under this Rule is unable to effect service of the notice upon such client(s), the attorney shall certify to the Court all efforts made to notify such client as required under this Rule, or the reasons why service of the notice is impracticable, and the Court, in its discretion, may grant the attorney leave to withdraw as attorney or record.
Page 45 | (C) Failure of Service
The assigned judge must send notice of the petition to the Stark County Prosecutor through the courthouse mailbox, allowing thirty days to comment.
The assigned Judge shall also send notice of the Petition to the Stark County Prosecutor, providing him or her with the opportunity to comment upon the Petition within thirty (30) days of the notice. Notice to the Stark County Prosecutor shall be sent via courthouse mailbox.
Page 47 | GEN RULE 30
The assigned judge must send notice of the petition to each identified court by ordinary U.S. mail, allowing thirty days to comment.
The Assigned Judge shall send notice of the Petition to each court so identified, providing said courts with the opportunity to comment upon the petition within thirty (30) days of the notice. Such Notice shall be sent via ordinary U.S. mail.
Page 47 | GEN RULE 30
The notice of filing Exhibit “G” includes a certificate of service certifying service by ordinary U.S. mail on opposing counsel.
CERTIFICATE OF SERVICE I certify that a copy of this Notice of Filing Exhibit “G” was sent by ordinary U.S. mail on [date] to counsel for defendant Bill Jones, [name and address of recipient].
Page 24 | Appendix B — Certificate of Service
When the Stark County Treasurer is not a party, the Clerk must deliver a copy of the complaint to the Treasurer but not a summons.
The Clerk shall deliver a copy of the complaint but not a summons to the Treasurer in all cases in which the Treasurer is not named a party.
Page 41 | 24.05 Service of Treasurer
The clerk accepts the service methods under Civil Rule 4.1, including certified mail sent using advanced postal technology.
The Stark County Clerk of Courts shall accept service of process methods as outlined in Civil Rule 4.1 Process: methods of service, which methods shall include service of process utilizing advanced postal technology for service by certified mail.
Page 18 | 9.08 Certified Mail Electronic Return of Service
The date of service for process is available through the e-filing system.
with confirmation of service process date being made available through the e-Filing system.
Page 18 | 9.08 Certified Mail Electronic Return of Service
Use of the advanced postal technology does not modify the existing Civil Rules governing certified-mail service.
all in accordance with now-existing Civil Rules.
Page 18 | 9.08 Certified Mail Electronic Return of Service
Juror summonses must be delivered by ordinary mail.
The juror summons shall be delivered by ordinary mail.
Filing Fees and Waivers
An oversized or noncompliant fax incurs the same per-page charge but will not be accepted for filing.
If an incoming fax transmission exceeds the 10-page limit, or fails to comply with the provisions of this rule, costs will still be assessed at the rate of $2.00 for the first page and $.25 for each additional page to the case in which the documents were to be filed. However, because the transmission exceeded the required page limit or fails to comply with the provisions of this rule, it will not be accepted for filing.
Page 18 | 9.09 Facsimile Filing, I. Provisions of the Rule
Required court costs for a jury demand must be paid within five days of the standard pretrial order; unpaid jury demands will be struck and do not constitute a valid jury demand.
All required court cost deposits for jury demands must be paid within five (5) days of the standard pretrial order. Should costs for a jury demand not be paid, the Court will strike the jury demand. The fact that one party has made a jury demand does not act as a valid jury demand unless court costs have been paid.
Page 7 | RULE 5 - JURY MANAGEMENT PLAN, 5.01 General Administration
Beginning September 1, 2012, incoming fax transmissions cost $2.00 for the first page and $0.25 for each additional page.
Commencing September 1, 2012, costs will be charged for incoming fax transmissions at the rate of $2.00 for the first page and $.25 for each additional page.
Page 18 | 9.09 Facsimile Filing, I. Provisions of the Rule
Fax-transmission costs are charged to the case in which the documents are filed.
The fax transmission cost shall be charged to the case in which the documents are to be filed.
Page 18 | 9.09 Facsimile Filing, I. Provisions of the Rule
A voluntarily dismissed case that is refiled is assessed a fee, and an additional fee applies if counsel does not designate the refiling when filing the complaint.
14.02 Companion and Re-Filed Cases Cases voluntarily dismissed under Civil Rule 41 and subsequently re-filed shall be assigned to the same Judge to whom the case was originally assigned and assessed a fee. Any re-filed case not designated as such by counsel at the time of filing of the Complaint, shall be assessed an additional fee.
Page 27 | GEN RULE 14 - ASSIGNMENT OF CASES FOR TRIAL
A $50 deposit is required when filing the CQE petition, but a judge may waive some or all of it, and the petitioner may submit an affidavit of indigency or other relevant information to request a waiver or reduction.
A deposit of $50.00 is required at the time of filing. A Judge may waive some or all of the deposit otherwise required by this Local Rule. The Petitioner may submit an Affidavit of Indigency or other relevant information for the Court’s consideration if requesting a waiver or reduction of the filing fee.
Page 46 | GEN RULE 30.01(C) Filing a CQE
Sealing & Redaction Procedures
Social security numbers and other information that must be excluded from public records 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 records shall be redacted in accordance with the rules of this Court and the Rules of Superintendence.
Page 46 | GEN RULE 30.01(E) Filing a CQE
After the clerk completes processing, the petitioner may move on Form 10-B to seal the confidential information sheet and Form 10-A.
Petitioner may move the Court on Form 10-B to seal the Domestic Violence Petitioner’s Confidential Information Sheet and Form 10-A upon completion of processing by the Clerk of Courts.
Page 45 | GEN RULE 28 - CIVIL STALKING PROTECTION ORDERS
Filing Bundling Requirements
Each fax cover page may cover only one pleading, and every pleading requires a separate cover sheet.
Only one pleading shall be filed by fax under each cover page. Each pleading requires a separate cover sheet.
Page 20 | V. COVER PAGE
Adjournment & Extension Requirements
A party must obtain court approval when no qualifying stipulation is obtained or when seeking an extension beyond the initial stipulated period.
If no such stipulation is obtained, or if an additional extension beyond the initial stipulated period is requested, the party desiring an extension must obtain the approval of the Court.
Page 16 | GENERAL DIVISION — GEN RULE 9- PLEADINGS AND MOTIONS, 9.02 Leave to Plea
The extension stipulation must expressly state that no prior extension has been granted.
The stipulation shall affirmatively state that no prior extension has been granted.
Page 16 | GENERAL DIVISION — GEN RULE 9- PLEADINGS AND MOTIONS, 9.02 Leave to Plea
A party may obtain one stipulated extension of up to 30 days by filing a written stipulation approved by all counsel when no prior extension has been granted.
However, parties may obtain an extension of time, not to exceed thirty (30) days in which to answer, plead or otherwise move, when no such prior extension has been granted, by filing with the Clerk a written stipulation approved by all counsel providing for such extension.
Page 16 | GENERAL DIVISION — GEN RULE 9- PLEADINGS AND MOTIONS, 9.02 Leave to Plea
A continuance motion must be written, state the reasons for the request, and may be granted only by the trial judge with jurisdiction over the case.
14.06 Motions to Continue Motions for continuance must be in writing and shall contain the reasons for the request for continuance. Any continuance shall be granted only by the trial Judge having jurisdiction of the case.
Page 28 | GEN RULE 14 - ASSIGNMENT OF CASES FOR TRIAL
A continuance must be requested by written motion supported by an affidavit showing just cause and filed as soon as possible before trial.
All requests for continuance shall be made by written motion supported by an affidavit showing just cause as soon as possible prior to the trial.
Page 36 | 17.10 Continuance of a Trial
A continuance of a scheduled mediation requires good cause and a mutually acceptable future date, must be requested in writing with specific reasons, and is referred to the assigned mediator when made at least two weeks before mediation or to the assigned judge or magistrate when made within two weeks.
Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The mediation may be continued by the mediator or the judge or magistrate who referred the case. Except as authorized by the court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial. Continuances of Mediation are counter-productive and requests are discouraged absent exigent circumstances. Requests for continuances of scheduled mediations must be in writing with specific reasons and directed to the Mediation Office. Requests made at least two (2) weeks before the scheduled date will be referred to the assigned mediator for a decision. Requests made within two (2) weeks of the scheduled date must go to the assigned Judge/Magistrate for a decision.
Page 32 | 16.12 Continuances
The Court may extend the brief-and-assignment-of-error filing deadline upon a motion showing good cause.
(D) For good cause, the Court may, upon motion, extend the time for filing the brief and assignments of error.
Page 39 | Appeals
An initial stipulated extension does not require submission to the Court.
Neither the stipulation nor any entry to that effect need be submitted to the Court for the initial extension.
Page 16 | GENERAL DIVISION — GEN RULE 9- PLEADINGS AND MOTIONS, 9.02 Leave to Plea