Summit County Court of Common Pleas, General Division

Pleadings and papers in general civil and criminal cases must be filed electronically via the Internet, while electronic filing is permitted for other civil cases, subject to the rule’s exceptions.

Except as provided in this rule, in conformity with Ohio Revised Code, Civ.R. 5(E) and Crim.R. 12(B), pleadings and other papers in all general civil cases and criminal cases shall be filed with the Clerk of Courts electronically via the Internet. Pleadings and other papers in other civil cases may be filed with the Clerk of Courts electronically via the Internet.

Page 1 | 7.04 Form of Pleadings (H) Electronic Filing of Court Documents

Written deposition transcripts intended for trial, hearing, or motion support, including attachments and exhibits, must be electronically filed by the attorney of record.

All written deposition transcripts that are to be used in trial or hearing or in support of any motion, including attachments and/or exhibits, shall be electronically filed by the attorney of record through the Clerk’s electronic filing system.

Page 1 | 7.04 Form of Pleadings (F) Written Deposition Transcripts Filed Electronically

A party unable to file electronically must request an electronic-filing exemption, state the reason, and obtain approval from the duty or assigned judge.

A party who cannot file their cause electronically must file a request to be exempt from electronic filing and must state the reason for the requested exemption. The request must be approved by the duty judge or judge of assignment.

Page 1 | 7.02 Civil Cases

Vexatious litigators cannot use electronic filing and may file only in paper format after obtaining permission from the assigned judge.

Individuals who have been declared vexatious litigators, as defined below, will not be permitted to file documents electronically. The e-filing System will not provide an individual who has been declared a vexatious litigator with a user id and password to access the system. A vexatious litigator may only file in paper format, provided he/she has first obtained permission from the assigned Judge to file in that case.

Page 1 | 7.04 Form of Pleadings (H) Internet Electronic Filings

Unregistered pro se parties may file paper documents in person or by U.S. Mail, and those documents become official court records when the Clerk accepts them into the eFile system.

Pro se parties who are not registered users of the Court’s eFile system 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 accepted by the Clerk in the Court’s eFile system.

Page 1 | 7.04 Form of Pleadings (H) Exceptions to eFiling

When a complaint is filed, the Clerk must accept the civil case electronically and assign a judge through random selection; the judge’s name will be stamped on electronically submitted documents.

At the time of filing a complaint, the Clerk shall, through its electronic filing system, accept for filing all civil cases and cause an assignment of judge by the electronic random selection process. The assigned judge’s name will be stamped on all documents submitted through the electronic filing system.

Page 1 | 7.02 Civil Cases

A petitioner must first submit a CQE petition to ODRC and may file it with the Summit County Clerk only after ODRC has reviewed it and found it complete.

All petitions for Certificates for Qualification for employment (“CQE”) must be filed first time with the Ohio Department of Rehabilitation and Correction (“ODRC”). Once ODRC has determined the content of a petition to be complete, it will then electronically forward notice of its review of the completeness of the petition to the Summit County Clerk of Courts. ODRC will also provide the petitioner with a paper copy of the ODRC-reviewed petition, bearing notice thereon that the petition has been reviewed and found to be complete. Upon receipt of this notice from the ODRC, the petitioner must then file the petition with the Clerk of Courts.

Page 1 | 26. CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT — 24.02 Jury Source List (1)

Exhibits, attachments, and other documents not comprehensibly viewable as PDFs must be filed physically with the Clerk.

Exhibits, attachments, or other documents that may not be comprehensibly viewed in a .pdf shall be filed in their physical form with the Clerk.

Page 1 | 7.04 Form of Pleadings (H) Exceptions to eFiling

When a transcript is necessary to support objections or an appeal, the moving party must file it within 30 days after filing the objections or appeal, unless the assigned judge extends that time in writing because the court reporter cannot complete the transcript.

If a transcript of the trail or hearing is necessary to support objections or appeal to the magistrate's decision or order, it must be filed with the Court by the moving party within thirty (30) days after the filing of objections or appeal unless the assigned judge, in writing, extends the time due to the inability of the court reporter to complete the transcript of the testimony.

Page 1 | 18.05 Objections/Appeal to Magistrate's Orders/Decisions

An order to withdraw or cancel a sheriff's sale must be filed at least 72 hours before the scheduled sale.

An Order to Withdraw/Cancel a Sheriff's Sale must be filed at least seventy-two (72) hours prior to the scheduled Sheriff's Sale.

Page 1 | 11.11 - ORDERS TO WITHDRAW/CANCEL SALE

For Friday mortgage sales, the withdrawal or cancellation order must be filed by 10:00 a.m. on the preceding Tuesday.

For Mortgage Sales held on Fridays, the Order to Withdraw/Cancel must be filed no later than 10:00 a.m. on the Tuesday prior to the sale.

Page 1 | 11.11 - ORDERS TO WITHDRAW/CANCEL SALE

The Clerk will not accept a foreclosure complaint for filing if the required Preliminary Judicial Report or Title Commitment, Certificate of Readiness, and supporting documentation are not presented with the complaint.

If a Preliminary Judicial Report and the Certificate of Readiness, along with all supporting documentation, are not presented to be filed at the time of the filing of the complaint, the Clerk of Courts shall not accept such complaint for filing,

Page 1 | 11.02 Failure to Provide Evidence

For Tuesday delinquent-tax sales, the withdrawal or cancellation order must be filed by 10:00 a.m. on the preceding Thursday.

For Delinquent Tax Sales held on Tuesdays, the Order to Withdraw/Cancel must be filed by 10:00 a.m. on the Thursday prior to sale.

Page 1 | 11.11 - ORDERS TO WITHDRAW/CANCEL SALE

Filing exceptions tolls the 30-day appeal period until the court rules on the exceptions.

The filing of exceptions shall toll the running of the thirty (30) day period for appeal as provided in Rule 10.17 (A) herein until a ruling on the exceptions has been made by the Court.

Page 1 | 10.18 Exceptions — Procedure

A party seeking to appeal an arbitration award must complete both stated appeal requirements within 30 days after the award is filed.

Any party may appeal an award of the Board of Arbitration to the Common Pleas Court of Summit County, if within thirty days (30) after filing of the award with the Clerk, the party does both of the following:

Page 1 | 10.17 Appeals — Right of Appeal De Novo and Filing Requirements

Exceptions to an arbitration decision must be filed within 30 days after the report and award and may concern only improper conduct or arbitrator misconduct or corruption.

Any party may file exceptions with the Clerk from a decision of the Board of Arbitration within thirty (30) days from the filing of the report and award for either or both of the following reasons and for no other: (1) that the arbitrators behaved improperly in the conduct of the case; and/or (2) that the action of one or more of the arbitrators was procured by misconduct or corruption.

Page 1 | 10.18 Exceptions — Reasons for Exceptions

Within 20 days after the hearing, the arbitration chair must file the report and award and send copies to all parties or counsel that same day.

Within twenty (20) days after the hearing, the chairman of the Board of Arbitration shall prepare and file a report and award with the Clerk, and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

Page 1 | 10.14 Report and Award - Not a Judgment

A motion for leave to appeal de novo after nonparticipation must be filed within 30 days after the report and award is filed and demonstrate good cause.

The Court to whom a case is assigned may, upon motion filed within thirty (30) days of filing of the report and award, and for good cause shown, grant leave to a party who has failed to appear and participate in a hearing, to file an appeal de novo as hereinafter provided.

Page 1 | 10.09 Default of a Party

A Notice of Appeal and a copy of the praecipe for the record of proceedings must be filed with the Court within the time prescribed by law.

The Notice of Appeal filed with the officer, agency, commission, board or other entity whose final order is being appealed, together with a copy of the praecipe for the record of proceedings, shall be filed with the Court within the time prescribed by law for such appeal.

Page 1 | 19.02 Notice

Within 30 days after the appellant's brief is filed, the appellee must file its brief and any assignments of error.

(B) Appellee's Brief Within thirty (30) days after the filing of the appellant's brief, the appellee shall file its brief and assignments of error, if any.

Page 1 | 19.03 Time Table for Appeal

When additional evidence is required or permitted by law, a motion to supplement the record must be filed within 14 days after the record of proceedings is filed, supported by an affidavit requesting the evidence and specifying its nature, type, and reasons.

In all appeals where the submission of additional evidence is required or permitted by law, a motion to supplement the record shall be filed within fourteen (14) days after the filing of the record of proceedings, supported by affidavit requesting the submission of additional evidence and specifying the nature and type of additional evidence to be submitted and the reasons therefor.

Page 1 | 19.04 Additional Evidence

If the appellant fails to timely file its brief and assignments of error, the Court may dismiss the appeal or otherwise dispose of the case as justice requires.

If the appellant fails to file its brief and assignments of error within the time provided, the Court may dismiss the appeal or otherwise dispose of the case as justice requires.

Page 1 | 19.03 Time Table for Appeal

Within 30 days after the Record of Proceedings is filed with the Clerk, the appellant must file its assignments of error and brief.

(A) Appellant's Brief Within thirty (30) days after the filing of the Record of Proceedings with the Clerk, the appellant shall file its assignments of error and brief;

Page 1 | 19.03 Time Table for Appeal

A rejected electronic submission does not enter the court record and must be resubmitted to meet requirements, with a new submission date and time.

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 document to meet the requirements. The re-submitted document shall receive a new submission date and time.

Page 1 | 7.04 Form of Pleadings (H) Time, Effect and Process of eFiling

A filer may seek relief for an untimely filing caused by a specified technical failure by filing a motion with an affidavit no later than noon on the first Clerk business day after the deadline, but jurisdictional deadlines are not extended automatically.

Any e-filer whose filing is made untimely as the result of a technical failure of the Clerk of Court’s system, or of the filer’s computer hardware or software, phone lines or internet service provider (ISP), may move for leave to file instanter or for other appropriate relief from the court. Such technical failures cannot extend jurisdictional deadlines. The motion shall be accompanied by an affidavit stating the circumstances of and reason for missing the deadline, and must be filed no later than noon of the first day on which the Clerk of Courts is open for business following the original filing deadline.

Page 1 | 7.04 Form of Pleadings (H) User or Technical Errors

Electronic filings may be submitted at any time and are considered filed when the Clerk receives the entire transmission, with confirmation of the date and time.

Electronic filings may be submitted at any time. The electronically filed document will be considered filed as of the date and time that the Clerk of Courts receives the entire transmission. All electronically filed documents shall receive a confirmation date and time acknowledgement.

Page 1 | 7.04 Form of Pleadings (H) Hours of Operation

Except for summary-judgment motions, opposing counsel must file a response within 10 days after receiving the motion.

Within ten (10) days after receipt of a copy of a motion, except a motion for summary judgment, opposing counsel shall prepare and file a response to the motion setting forth statements relied upon in opposition.

Page 1 | 7.14 Motions (A) Form of Motions

The assigned judge may rule on a motion after 14 days from filing and may rule earlier when required in the interest of justice.

At any time after fourteen (14) days from the date of filing of the motion, the assigned judge may rule upon the motion. In the interest of justice, the assigned judge may enter a ruling at an earlier date if so required.

Page 1 | 7.14 Motions (A) Form of Motions

The receiver must file an initial report with the court within two months after appointment, including an inventory, appraisement, and accounting of receipts and expenditures.

Within two (2) months after appointment, the receiver shall report to the Court, submitting an inventory and appraisement, including an accounting of receipts and expenditures to date.

Page 1 | 9.02(B) Initial Report to Court

After the first report, the receiver must file consecutively numbered semiannual reports containing accounts of receipts and expenditures and plans for future receivership operations.

Semi-annually, after filing the first report with inventory, appraisement and account, the receiver shall file consecutively numbered reports with accounts for approval of the Court by entry 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 1 | 9.02(C) Semi-Annual Report

The appellant may file a reply brief within 10 days after the appellee's brief is filed.

(C) Reply Brief Within ten (10) days after the filing of appellee's brief, the appellant may file a reply brief.

Page 1 | 19.03 Time Table for Appeal

Electronic filings may be submitted with the Clerk twenty-four hours a day, seven days a week.

Any filing may be eFiled with the Clerk 24 hours a day, 7 days a week.

Page 1 | 7.04 Form of Pleadings (H) Time, Effect and Process of eFiling

A written praecipe for transcript must be served on the chief court reporter within three days after filing objections, an appeal, contra-objections, or an appeal reply.

A praecipe for transcript shall be served in written form on the chief court reporter within (3) days after the filing of said objections, appeal, contra objections or appeal reply.

Page 1 | 18.05 Objections/Appeal to Magistrate's Orders/Decisions

If the court so orders, counsel must provide opposing counsel of record, in writing and within a reasonable time before trial, the names and addresses of additional witnesses and the general nature of their testimony, except for rebuttal witnesses.

if the Court so orders, counsel shall not be permitted to call additional witnesses at trial, except rebuttal witnesses, unless the names and addresses of said witnesses and the general nature of their testimony are furnished, in writing, to opposing counsel of record within a reasonable time prior to trial;

Page 1 | 8.01(D)(6) Attorney Preparation

At least seven calendar days before the sale, the judgment creditor must file with the Clerk a copy of the written notice bearing proof of service.

At least seven (7) calendar days prior to the date of the sale, the judgment creditor shall file with the Clerk of Courts a copy of such written notice with proof of service endorsed thereon.

Page 1 | 11.06 Notification of Sheriff's Sale

The Sheriff or designated deputies must make at least three service attempts on each in-county defendant listed in the complaint.

The Summit County Sheriff and/or his designated Deputies shall make at least three (3) attempts of service upon each of the designated defendants within the complaint who reside within Summit County, Ohio.

Page 1 | 11.10 Service of In-County Foreclosure Complaints by the Summit County Sheriff and/or his Deputies - Excluding Tax Foreclosure Complaints

Upon receipt, the Sheriff's Office must file the Proof of Publication, or a corrected copy if the advertisement was corrected or cancelled, with the Clerk.

The Sheriff's Office will, upon receipt, file the Proof of Publication, or a copy if a correction/cancellation was made to the Advertisement, with the Clerk of Courts.

Page 1 | 11.06 Notification of Sheriff's Sale

For non-tax civil foreclosure complaints, in-county party defendants and listed unknown defendants must be served by the Summit County Sheriff or designated deputies.

All civil foreclosure complaints (EXCLUDING TAX FORECLOSURE COMPLAINTS) filed with the Summit County Clerk of Courts shall only be served upon party defendants, including any Unknown Defendants who are listed in the complaint in accordance with Civ.R. 15(D), who reside within Summit County by the Summit County Sheriff and/or his designated Deputies.

Page 1 | 11.10 Service of In-County Foreclosure Complaints by the Summit County Sheriff and/or his Deputies - Excluding Tax Foreclosure Complaints

Out-of-county party defendants must be served under Civil Rule 4.1 and related rules; if sheriff service cannot be made, the plaintiff may use publication or other previously specified methods.

All party defendants who reside outside of Summit County, Ohio shall have service made in accordance with the Civ.R. 4.1 and those related Rules which are applicable. If service is not able to be made by the Sheriff under this Rule, the plaintiff may then avail itself of service by publication and/or by other methods of service as previously set out.

Page 1 | 11.10 Service of In-County Foreclosure Complaints by the Summit County Sheriff and/or his Deputies - Excluding Tax Foreclosure Complaints

The judgment creditor must serve written notice under Civil Rule 5 on the judgment debtor and each other action party no later than two weeks before the sheriff's sale.

The judgment creditor who has requested that an Order of Sale be issued, shall no later than two (2) weeks prior to the sale scheduled thereon, serve written notice in accordance with Civ.R. 5 upon the judgment debtor and upon each other party to the action in which the judgment giving rise to the execution was rendered.

Page 1 | 11.06 Notification of Sheriff's Sale

At least one week before arbitration, a party offering a repair estimate must give the adverse party notice, a copy of the estimate, and a statement whether repairs were completed fully or partly.

In the case of an estimate, the party intending to offer the estimate into evidence shall, at least one (1) week prior to the arbitration, forward to the adverse party notice of such intention, together with a copy of the estimate and a statement indicating whether or not the property was repaired in full or in part.

Page 1 | 10.11 Specific Powers — Property Repair Bills or Estimates

The Arbitration Clerk must set the hearing date and time and notify the arbitrators.

The Arbitration Clerk in the Civil Assignment office shall fix a time and date of hearing and shall notify the arbitrators and all parties and/or attorneys to the suit.

Page 1 | 10.05 Hearings — Time and Place

To offer covered medical or property-damage bills or estimates without further foundational proof, the party must give the adverse party one week's written notice with copies of the bills.

In actions involving personal injury and/or damage to property, bills or estimates as described herein may be offered and received in evidence without further proof, for the purpose of proving the value and reasonableness of charges for services, labor and materials, or items contained therein, and where applicable, the necessity for such expenses, on condition that one (1) week's written notice has been given to the adverse party, accompanied by copies of the bills to be offered in evidence.

Page 1 | 10.11 Specific Powers — Medical Expenses; Property Damage

Counsel must immediately notify the Arbitration Clerk of any settlement or dismissal.

Counsel for the parties are required to notify the Arbitration Clerk immediately of any settlement or dismissal.

Page 1 | 10.16 Compensation of Arbitrators — Settlement/Dismissal of Claim

A copy of the arbitration notice of appeal must be served on each adverse party.

Files a notice of appeal with the Clerk and serves a copy on the adverse party or parties and assigned judge accompanied by an affidavit that the appeal is not being taken for delay.

Page 1 | 10.17 Appeals — Right of Appeal De Novo and Filing Requirements

Copies of filed arbitration exceptions must be served on each arbitrator within 48 hours after filing.

Copies of said exceptions shall be served upon each arbitrator within forty-eight (48) hours after filing and the matter shall forthwith be set for hearing before the assigned judge.

Page 1 | 10.18 Exceptions — Procedure

On the day the arbitration report and award is filed, the chair must mail or otherwise forward copies to every party or counsel.

Within twenty (20) days after the hearing, the chairman of the Board of Arbitration shall prepare and file a report and award with the Clerk, and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

Page 1 | 10.14 Report and Award - Not a Judgment

The filer must serve paper copies on all pro se parties who are not registered users of the court’s eFile system.

The filer shall serve a paper copy of the document on all pro se parties who are not registered users of the Court’s eFile system in accordance with Civ. R. 5 and Crim. R. 49.

Page 1 | 7.04 Form of Pleadings (H) Documents Filed Subsequent to Complaint

Documents requesting Clerk service must include separate Instructions for Service identifying each party’s name and address, using “unknown” when an address is unavailable.

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. If the address of the party to be served is unknown, the filer shall substitute “unknown” for the address.

Page 1 | 7.04 Form of Pleadings (H) Service Instructions for Service

Electronic filing generates a notification to the filer and registered users that constitutes service under the Ohio civil and criminal rules.

When a submission is deemed filed pursuant to this Rule, the eFile system shall generate a Notification of Electronic Filing to the filer and any other party who is a registered user of the eFile system. The Notification of Electronic Filing shall constitute service under Civ. R. 5 and Crim. R. 49.

Page 1 | 7.04 Form of Pleadings (H) Documents Filed Subsequent to Complaint

For registered pro se parties and counsel of record, electronic service is complete when the court’s eFile system generates the Notification of Electronic Filing.

For pro se parties who are registered users of the Court’s eFile system and counsel of record, service shall be deemed complete at the time the Notification of Electronic Filing is generated by the Court’s eFile system.

Page 1 | 7.04 Form of Pleadings (H) Service Date and Time to Respond or Act

Written pleadings, motions, briefs, memoranda, and arguments must be served on opposing counsel or unrepresented parties with proof of service, except agreed non-exchanged trial briefs.

Every written pleading, motion, brief, memorandum or argument, filed with the Court or judge, shall be served upon all opposing counsel or upon all parties not represented by counsel, and proof of such service shall be shown on or attached to such written pleading, motion, brief, memorandum, or argument. No such paper filed with the Court or judge without such Certificate of Service, shall be considered by any judge, except trial briefs where it has been agreed by counsel that they shall not be exchanged.

Page 1 | 7.04 Form of Pleadings (C) Certificate of Service

The Court must sign and serve all pretrial orders and rulings on motions upon all counsel of record.

All pretrial orders and rulings upon motions shall be signed by the Court and served upon all counsel-of-record.

Page 1 | 20.03 (D) Pretrial Orders

The clerk must serve ODRC with a time-stamped copy of the judgment granting the CQE petition.

The clerk shall serve a time-stamped copy of the judgment entry upon ODRC.

Page 1 | 26. CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT — 24.02 Jury Source List (6)

The clerk must serve the order denying a CQE petition on both the petitioner and ODRC.

An order of denial shall be served by the clerk both upon the petitioner and ODRC.

Page 1 | 26. CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT — 24.02 Jury Source List (7)

The Clerk must serve orders confirming or vacating a sale on the Summit County Sheriff, Civil Division, electronically or by hand delivery.

The Clerk of Courts shall ensure that all Orders of Confirmation of Sale and Orders Vacating Sale are served upon the Summit County Sheriff, Civil Division, either electronically or via hand delivery.

Page 1 | 12.04 – CONFIRMATION OF SALE OR VACATED SALE

The Court must give notice to all parties when setting post-judgment or post-sentence proceedings.

All post-judgment and post-sentence proceedings shall be set by the Court with notice to all parties, pursuant to C.P.Sup.R. 8(D) and the Ohio Revised Code where post-judgment proceedings are allowed.

Page 1 | 21.08 Post-Judgment Proceedings

At case assignment, the Notice of Assignment must be served on the defendant and must identify the assigned trial judge.

(A) At the time of assignment of the case under Local Rule 21.03, the Criminal Assignment Administrator shall cause the Notice of Assignment to be served upon the defendant. Said notice shall contain the name of the assigned Trial Judge.

Page 1 | 21.04 Service of Notice of Assignment, Indictment and Arraignment

Upon receiving the Notice of Assignment, the clerk must serve the indictment on the defendant and provide counsel of record with a copy of the service.

(B) Upon receipt of the Notice of Assignment, the Clerk of Courts shall serve a copy of the Indictment upon the Defendant, and provide a copy of said service to the Defendant's counsel of record, as appointed by the Designated Assignment Judge pursuant to Local Rule 21.09

Page 1 | 21.04 Service of Notice of Assignment, Indictment and Arraignment

At criminal case assignment, the Order of Appointment of Counsel must be prepared, filed with the Clerk of Courts, and served on defense counsel and the Summit County Prosecutor's Office.

(A) At the time a Common Pleas Court criminal case number is assigned by the Clerk of Courts, the Criminal Assignment Administrator shall prepare an Order of Appointment of Counsel for the Designated Assignment Judge. That order shall be filed with the Clerk of Courts and served upon defendant's counsel and teh Summit County Prosecutor's Ogfice.

Page 1 | 21.03 Assignment of Cases

At case assignment, the Criminal Assignment Administrator must provide the Notice of Assignment to the clerk for service of the indictment on the defendant.

(C) At the time of such assignment, the Criminal Assignment Administrator shall prepare a Notice of Assignment and provide it to the clerk of Courts for service of the indictment upon the Defendant by the Clerk.

Page 1 | 21.03 Assignment of Cases

For a receiver fee application exceeding $500, written hearing notice must be served personally or by mail on all creditors or their counsel of record, unless the court orders otherwise.

Written notice of the hearing on application for fees in excess of Five Hundred Dollars ($500.00), shall be served personally or by mail on all creditors or their counsel-of-record, unless otherwise provided by court order.

Page 1 | 9.02(F) Application for Fees

The state will serve the approved CQE on the petitioner and notify the court that the certificate was issued.

The state, as the issuing authority, will serve the petitioner with the CQE and provide notice to the court that the certificate was issued.

Page 1 | 26. CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT — 24.02 Jury Source List (6)

Upon filing of a CQE petition, the clerk must provide a time-stamped copy to the Summit County prosecutor.

Upon a filing of a petition, the clerk shall provide a time-stamped copy to the Summit County prosecutor.

Page 1 | 26. CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT — 24.02 Jury Source List (3)

When the Fiscal Officer is a party and taxes are not disputed and no personal-property tax lien exists, the Fiscal Officer need not answer but must be served with the Confirmation of Sale or dismissal entry.

In all actions in which the Fiscal Officer has been named a party, and in which the taxes are not in dispute nor is there a personal property tax lien, the Fiscal Officer need not file an answer to the complaint or to any cross-claims, but shall be served with a copy of the Confirmation of Sale or the dismissal entry.

Page 1 | 11.05 Treasurer as Party Defendant

The Summit County Fiscal Officer need not be named as a party in a foreclosure action unless real-estate taxes are contested or the Fiscal Officer holds a personal-property tax lien.

In all foreclosure actions it shall not be necessary to name the Summit County Fiscal Officer as a party unless a party is contesting the amount of real estate taxes or the Fiscal Officer holds a personal property tax lien on the premises.

Page 1 | 11.05 Treasurer as Party Defendant

Any Sheriff's-sale publication fee exceeding the deposit must be taken from sale proceeds and paid to the publisher within 30 days after the sale.

If the fees for such publication exceed the amount of the deposit, the additional amount shall be taken from the proceeds of the sale and paid to the publisher no later than thirty (30) days after the date of the sale.

Page 1 | 6.06(A) Deposit for Notice of Sheriff's Sale

For each case requiring publication of calendars or notices whose fees are not fixed by law, the filing party must pay The Akron Legal News $14.50.

For publication of such calendars and notices for which the fees are not fixed by law, the publisher of The Akron Legal News shall receive the sum of $14.50 for each case, to be paid by the party filing the complaint, petition, administrative appeal, notice of appeal, or lien.

Page 1 | 6.05 Fees for Publication

The Clerk must collect a $20 advance deposit for publication of notice of a chattel sale by the Summit County Sheriff's Office.

The Clerk shall collect an advance deposit of $20.00 for publication of Notice of a Chattel Sale by the Summit County Sheriff's Office.

Page 1 | 6.06(B) Deposit for Notice of Chattel Sale

Publication of an abstract of legal advertising costs $5.00 per case, matter, or proceeding and is collected as part of court costs by the Clerk of Courts.

For the publication of abstracts of legal advertising, the publisher of The Akron Legal News shall receive the sum of $5.00 for each case, matter, or proceeding requiring such advertisement, all to be taxed and collected as part of the court costs by the Clerk of Courts.

Page 1 | 6.05 Fees for Publication

The Clerk must collect a $220 advance deposit to publish notice of a Sheriff's sale.

The Clerk shall collect an advance deposit in the amount of Two Hundred Twenty Dollars ($220.00) for publication of Notice of a Sheriff's sale.

Page 1 | 6.06(A) Deposit for Notice of Sheriff's Sale

A notice of appeal from an arbitration award must be accompanied by a $50 fee payable to the Clerk.

The appellant's notice of appeal shall be accompanied by an appeal fee of Fifty Dollars ($50.00), payable to the Clerk.

Page 1 | 10.17 Appeals — Right of Appeal De Novo and Filing Requirements

Civil actions and proceedings require a security-for-costs deposit in the scheduled amount unless the Court orders otherwise.

No civil action or proceeding shall be accepted for filing without a deposit as security for costs in the sum set forth on the following Schedule of Filing Fees unless otherwise ordered by the Court.

Page 1 | 7.06 Security for Costs

Documents or court actions requiring filing fees must be paid by valid credit card through the Clerk’s electronic filing system.

Any document and/or court action that requires payment of a Filing Fee will be made by using a valid credit card through the Clerk’s E-Filing System.

Page 1 | 7.04 Form of Pleadings (H) Internet Electronic Filings

A civil plaintiff unable to pay filing costs for a complaint, counterclaim, or third-party claim must submit the court-prescribed Poverty Affidavit requesting a waiver.

If the party initiating a civil action believes that he/she is unable to pay the costs of filing a complaint in a civil action, a counterclaim and/or a third-party claim, then such person shall submit a Poverty Affidavit on the form prescribed by the Court requesting to have such charges waived.

Page 1 | 7.06 (B) Poverty Affidavit

The Clerk of Courts must collect a $250 filing fee for an ODRC-reviewed CQE petition, which is considered filed when the fee is paid.

Upon receipt of a petition for CQE that has been reviewed and been found sufficient for filing by ODRC, a filing fee in the amount of $250.00 shall be charged and collected by the Clerk of Courts. The clerk shall file an ODRC-reviewed petition as a civil case filing, and assign a civil case number and judge. A petition shall be considered filed upon payment of the filing fee.

Page 1 | 26. CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT — 24.02 Jury Source List (2)

The Order of Sale Publication deposit filing fee is $620.00 effective October 1, 2007.

The filing fee for the Order of Sale Publication deposit is Six Hundred Twenty and No/100 dollars ($620.00) effective October 1, 2007.

Page 1 | 11.09 Foreclosure Order of Sale Publication Deposit

The online sheriff-sale licensing fee is a one-time charge of $220.00 per case.

a. Licensing Fee is a One-Time charge of $220.00 per Case.

Page 1 | 11.09 Foreclosure Order of Sale Publication Deposit

Proof of legal-advertising publication must be delivered to the Clerk after the advertising concludes and the publisher receives the fee.

Proof of said publication will be delivered to the Clerk at the conclusion of the advertising, upon receipt of the fee by the publisher.

Page 1 | 6.06 Invoice for Publication

The Clerk holds the Sheriff's-sale publication deposit and pays it to the publisher upon receiving proof of publication after the advertising concludes.

This fee shall be held by the Clerk and paid to the publisher upon receipt of proof of publication at the conclusion of the advertising.

Page 1 | 6.06(A) Deposit for Notice of Sheriff's Sale

If collection appears problematic, the publisher may require payment before typesetting and publication begin.

Under certain circumstances where the publisher feels that collection of such fees may be a problem, the publisher is authorized to collect the fees prior to typesetting and starting the publication.

Page 1 | 6.06 Invoice for Publication

Payment for chattel-sale notice publication follows the payment procedure stated in Rule 6.06(A).

Payment to the publisher shall be made in the same manner as in Rule 6.06(A).

Page 1 | 6.06(B) Deposit for Notice of Chattel Sale

Except for Sheriff's Sales, the publisher must bill legal-advertising fees directly to the responsible attorney or other responsible person.

Publishing fees for legal advertising, other than for Sheriff's Sales, will be billed by the publisher directly to the attorney or person responsible for the same.

Page 1 | 6.06 Invoice for Publication

For an indigent appellant, the assigned judge may allow the appeal to proceed without the required payments upon a proper motion or affidavit of indigency.

If the party appealing is indigent, then upon proper motion or affidavit of indigency, the assigned judge may allow the appeal to proceed without the payments as required herein.

Page 1 | 10.17 Appeals — If the Party Appealing Is Indigent

The Sheriff charges a $75 administrative fee for processing each conveyance form and recording each deed.

The Sheriff will charge a fee of Seventy-Five Dollars ($75) as an associated administrative cost to process each Conveyance Form and to record each Deed.

Page 1 | 12.04 – CONFIRMATION OF SALE OR VACATED SALE

Governmental agencies and payment for government legal advertising are exempt from Rule 6.06.

Governmental agencies are excluded from the provisions of this rule and payment for government legal advertising.

Page 1 | 6.06(C) Exceptions

A dismissal must be exchanged among the parties and counsel, including pro se parties, with one courtesy copy provided to the mediator.

Copies of such dismissal will be exchanged between the parties and their counsel, including pro se parties, with a courtesy copy to the mediator.

Page 1 | 22.05 Final Agreement

The Clerk may refuse unredacted documents containing personal or private information.

The Clerk of Courts may refuse to accept for filing any document that contains personal and private information that has not been redacted or submitted in accordance with this rule.

Page 1 | 7.04 Form of Pleadings (E) Personal and Private Information in Documents filed with the Clerk of Courts

When necessary personal information is included, use only the last four digits of Social Security and financial account numbers and only a minor child’s initials.

If personal and private information is necessary and must be included in a document, the filing party shall partially redact the following personal and private information from the pleadings as follows: ocial Security Numbers: If the individual’s Social Security number must be included in a document, only the last four digits of that number should be used. Financial Account Numbers: If financial account numbers are relevant, only the last four digits of these numbers should be used. Names of Minor Children: If the involvement of a minor child must be mentioned, only the initials of the child should be used.

Page 1 | 7.04 Form of Pleadings (E) Personal and Private Information in Documents filed with the Clerk of Courts

E-filers must redact all but the last four digits of listed identifiers, use only minors’ initials, and replace other personal 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: For social security numbers, financial account numbers, and driver’s license or other personal identification numbers, all but the last four digits of the number shall be redacted. For minors, only the child’s initials shall be included. For any other personal or private information, the information shall be replaced with “[REDACTED]”.

Page 1 | 7.04 Form of Pleadings (H) Personal and Private Information in Documents Filed with the Clerk

A document filed under seal must identify the sealing order and date in the e-filing document title.

A document may be filed under seal. The Order and its date must be noted on the e-filing under the document title (e.g., “Document filed under seal pursuant to Court Order of mm/dd/yyyy”).

Page 1 | 7.04 Form of Pleadings (H) Sealed Documents

A final mediation agreement may be filed under seal only if the parties request sealing and the court approves it.

If a final agreement is reached during the conference that agreement may be filed under seal to preserve confidentiality, provided that the parties request that the agreement be sealed and the court approves.

Page 1 | 22.06 Confidentiality

For appeals involving additional evidence, the Court must set a conference to determine whether evidence is needed and whether a hearing should be scheduled, then establish the Rule 19.03 briefing schedule after the conference or hearing.

The Court shall set such cases for conference in order to determine whether additional evidence is required, and to schedule a hearing, if necessary. After such conference or hearing, the Court shall set a schedule for the submission of briefs as provided in Rule 19.03.

Page 1 | 19.04 Additional Evidence

A summary-judgment movant may file a reply brief within 10 days after service of the opposition brief, but may not add evidentiary materials without party agreement or court permission.

The movant may file a reply brief in support of the motion within ten (10) days of service of the brief in opposition. The movant's reply brief shall not refer to or include any additional evidentiary materials without agreement of the parties or leave of the Court.

Page 1 | 7.14 Motions (C) Motion for Summary Judgment (1)

Summary-judgment motions are generally heard on briefs and permitted evidentiary materials without oral argument unless the Court orders otherwise.

Unless otherwise ordered by the Court, motions for summary judgment shall be heard on briefs and accompanying evidentiary materials (as permitted by Civil Rule 56(C) without oral argument.

Page 1 | 7.14 Motions (C) Motion for Summary Judgment (2)

Counsel may request oral argument on any motion, but the assigned judge alone decides whether to grant it.

Counsel may request oral argument on any motion. However, the granting of such oral argument will be at the sole discretion of the assigned judge.

Page 1 | 7.14 Motions (B) Oral Argument

The assigned judge may extend the deadline for filing objections to a magistrate's order or decision only through a written application supported by an affidavit stating facts showing practical impossibility of compliance.

The time limit established by Civ.R. 53 and Crim.R. 19 for the filing of objections to the magistrate's order/decision may be extended by the assigned judge only upon written application supported by an affidavit stating facts indicating a practical impossibility of compliance.

Page 1 | 18.05 Objections/Appeal to Magistrate's Orders/Decisions

A trial continuance will not be granted on lack of readiness when counsel failed to attend the pretrial conference.

No trial continuance will be granted on the grounds that counsel is not prepared to go forward if such counsel has failed to attend the pretrial conference.

Page 1 | 8.01(B) Appearance of Counsel; Continuance

Only the judge scheduled to preside at the pretrial conference may grant a continuance.

Continuances may be granted only by the judge scheduled to preside at the pretrial conference.

Page 1 | 8.01(B) Appearance of Counsel; Continuance

A party may obtain one automatic leave to plead by filing a certification of no prior extensions, serving opposing counsel; the leave may not exceed 21 days.

When no previous leave to plead has been taken, a party may obtain one automatic leave to plead by filing a certification stating that no previous extensions or leaves to plead have been obtained by that party in that particular case. Such leave to plead may not be for more than twenty-one (21) days, and a copy of the certification must be served upon opposing counsel.

Page 1 | 7.13 Leaves to Plead (A) First - By Certification

After trial assignment, a continuance requires a showing of good cause to the assigned judge.

If a case has been assigned a trial date, no continuances may be granted except upon showing good cause to the assigned judge.

Page 1 | 7.12 Continuances

Additional leave-to-plead extensions require a written motion stating the number and total length of prior extensions.

Application for such leaves to plead shall be made by written motion setting forth the number of previous extensions obtained by the moving party and the total length of time of those extensions.

Page 1 | 7.13 Leaves to Plead (C) Additional Extensions

One additional leave to plead of no more than 21 days may be obtained by filing a stipulation showing opposing counsel’s consent.

One additional leave to plead may be obtained by a party for a period of not more than twenty-one (21) days by the filing of a stipulation indicating consent by opposing counsel to the leave to plead.

Page 1 | 7.13 Leaves to Plead (B) Second - By Stipulation

A continuance request may be submitted to the Administrative Judge when the assigned judge has been unavailable for more than 24 hours, and the Administrative Judge may grant it upon good cause.

If the assigned judge is ill, absent from the county, or otherwise unavailable for a period of more than twenty-four (24) hours, to consider a request for continuance, the request may then be made to the Administrative Judge. The Administrative Judge may, upon showing of good cause, grant the continuance.

Page 1 | 7.12 Continuances

If counsel cannot proceed on the assigned date, the chairman may continue the case and reset it for hearing within 90 days after referral unless the assigned judge orders otherwise.

In the event that counsel for any party is unable to proceed on the date assigned, unless otherwise ordered by the assigned judge, the chairman may mark the case ≴continued≵ and reset it for hearing within ninety (90) days from the date of referral.

Page 1 | 10.06 Inability of Party to Proceed

The Court may extend or otherwise modify the appellate briefing schedule upon a motion showing good cause.

For good cause shown, the Court may, upon motion, extend or otherwise modify the foregoing schedule.

Page 1 | 19.03 Time Table for Appeal

A request to continue mediation to a date more than 120 days after the initial referral must be submitted to the assigned judge.

If the requested date is more than 120 days after the referral to mediation, then the request must be made to the judge assigned to the case.

Page 1 | 22.08 Continuances

A request to continue mediation to a date within 120 days of the initial referral must be submitted to the mediator.

If a continuance of a scheduled mediation is requested and the proposed new date is within 120days of the initial referral to mediation, then the request shall be made to the mediator.

Page 1 | 22.08 Continuances