Tuscarawas County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Dispositive Motion, Responsive Memorandum
- Upon Filing
Reply
- On Friday Before Hearing
- On Friday Before Hearing Or Non Oral Consideration
Response
Adjournments
- Continuance requests are discouraged absent exigent circumstances and must state reasons and be directed to the Mediation Department.
- Counsel may agree to an extension of up to 28 days for a party to move or plead, provided all counsel sign the consent and it is filed with the clerk.
- An extension beyond 28 days requires an appropriate motion and may be granted upon a proper showing of good cause.
- +7 more
Request must include
Communication
Phone
Clerk
Page & Word Limits2 rules
The motion, together with the brief or memorandum, whether supporting or opposing a motion, shall not exceed 15 pages, exclusive of any supporting documents.
Motion And Brief
15 pages
The motion, together with the brief or memorandum, whether supporting or opposing a motion, shall not exceed 15 pages, exclusive of any supporting documents.
Motion And Brief Or Memorandum
15 pages
Document Format Requirements15 rules
All pleadings, motions and other court filings shall be legibly typewritten or printed and be double spaced on a single-sided 8 ½” x 11” paper and shall have a 2” top margin on the first page and a 1” top margin on subsequent pages.
Motions must be bound only by a staple and free of dividers or tabs. If dividers or tabs are submitted, the clerk of courts is authorized to remove them prior to filing, docketing and scanning.
All source documents emailed shall be in the form of a pdf file.
The Court will not consider the contents of the subject line or body of an email or any documents that are not submitted in a pdf format.
2. Portable Document Format. With the exception of proposed orders, all e-filed documents must be filed as a portable document format (PDF) file.
3. Proposed Orders. Proposed orders must be submitted in Microsoft Word (.doc or .docx) format, must reference the specific motion to which they apply, and must be contemporaneously served on all parties.
DOCX
A submission or combined PDFs in one transmission may not exceed 20 MB; oversized filings are rejected and must be filed on paper or divided into additional PDFs of 20 MB or less.
4. Size of Filing. Submissions are limited to twenty megabytes in size. No combination of PDF files in one transmission may aggregate to more than twenty megabytes in size. Filings that exceed this size limit will be rejected by the Clerk and must be filed as a paper document. Larger submissions must be broken down in additional PDF’s of 20 MB or less.
Documents bearing another person’s signature may be e-filed only as a scanned PDF containing a holographic signature.
Documents containing signatures of someone other than the party filing the document (such as: affidavits, depositions, etc.) may be e-filed only as a scanned PDF document containing a holographic signature.
All pleadings, motions and other court filings shall be legibly typewritten or printed and be double spaced on a single-sided 8 ½” x 11” paper and shall have a 2” top margin on the first page and a 1” top margin on subsequent pages.
Motions must be bound only by a staple
All source documents emailed shall be in the form of a pdf file.
The Court disregards email subject lines and bodies and will not consider emailed documents unless they are submitted in PDF format.
The Court will not consider the contents of the subject line or body of an email or any documents that are not submitted in a pdf format. If a document is not submitted in a pdf format, the clerk of courts will not open, print or maintain the document in the Court’s file.
E-filed documents must follow Local Rules to the extent practicable; internal links are barred unless incorporated into the document, and external links are prohibited.
1. Format. All e-filed documents must, to the extent practicable, be formatted in accordance with Local Rules. A filed document may not contain internal links to other documents or references in the court’s case management system, unless the links are incorporated into the filed document. External links are prohibited.
and free of dividers or tabs. If dividers or tabs are submitted, the clerk of courts is authorized to remove them prior to filing, docketing and scanning.
Case numbers on pleadings, motions, and other filings must use the stated year, court, month, and case designations in the specified sequence.
All case numbers on pleadings, motions and other court filings shall appear as follows: Supreme 4 digit year 2 digit month 4 digit case space Court space space designation designation designation designation 2001 CR 03 0042 Examples: 2001 CR 03 0042 1998 TC 06 0166 1997 CV 12 0876
Document Filing Requirements170 rules
The Mediation Outcome Report must state whether and to what extent the case settled, whether another conference is needed and its proposed date, and any party or attorney failure to attend.
The Mediation Outcome Report shall state: 1. Whether the case settled and, if a settlement involves less than all parties or issues in the case, which parties or issues have settled; 2. Whether an additional mediation conference is needed and the proposed ===== PAGE 8 ===== date to reconvene; and 3. Any failure of a party or the party’s attorney to attend the mediation conference.
DocumentMediation Outcome Report
The appointment shall be reflected in a judgment entry.
DocumentCounsel Appointment
Counsel may withdraw only with court permission, by written motion, and withdrawal is not effective until reflected in a judgment entry.
An attorney may not withdraw from representation without the permission of the Court. An attorney who desires to withdraw from representation of the defendant shall file a written motion with the Court. An attorney is not deemed to have withdrawn from the representation until it is reflected in a judgment entry.
DocumentWithdrawal Motion
The Preliminary Judicial Report must comply with the requirements found in R.C. 2329.191(B) and must be effective within 30 days prior to the filing of the complaint or other pleading requesting a judicial sale.
DocumentPreliminary Judicial Report
Before submitting an order or judgment entry ordering a real-estate sale, the submitting party must file an updated Final Judicial Report containing the specified lis pendens and third-party-interest statements.
Prior to submitting any order or judgment entry to the Court that would order the sale of the real estate, the party submitting the order or entry shall file a Final Judicial Report that updates the Preliminary Judicial Report and complies with the requirements found in R.C. 2329.191(B). The Final Judicial Report shall state that the report has been extended through the date of lis pendens found in R.C. 2703.26 and that no third party has acquired an interest since the date of the original report.
DocumentFinal Judicial Report
Any party filing a Praecipe for Order of Sale with the clerk of courts shall attach to it a completed “Tuscarawas County Sheriff’s Office Property Description Approval Form” that has been approved by the Tuscarawas County Map Office and Tuscarawas County Auditor’s Office.
DocumentPraecipe For Order Of Sale
The party ordering a sheriff’s sale must file a certificate of service stating how notice of sale was sent to appearing parties.
The Court will not confirm any sheriff’s sale until the party ordering the sale has filed a certificate of service of notice of the sale stating that the notice of the sale has been sent to all parties who have appeared in the action, by ordinary mail to their last known address, or their attorney of record.
DocumentCertificate Of Service
Within a time period specified by the Court after being appointed, the receiver shall file a report to the Court, submitting the inventory and appraisal, including an account of receipts and expenditures to date.
DocumentReceiver Report
The proposed Confirmation of Sale Entry must state the statutory amounts, prorated taxes and assessments matching the sheriff’s Tax Verification Worksheet, discharge those amounts from sale proceeds, and include court costs.
The proposed Confirmation of Sale Entry shall provide the amounts provided in R.C. 323.47(B)(1), including the amount of any assessments and taxes pro-rated to date of sale, and provide that these amounts be discharged out of the proceeds of the sale. The amount of pro-rated taxes and assessments shall be the same as the amounts on the Tax Verification Worksheet “Per Parcel,” which shall be obtained from the sheriff. The proposed Confirmation of Sale Entry must also include Court costs.
DocumentProposed Confirmation Of Sale Entry
The deed shall conform to the requirements of R.C. 2329.36 and shall be delivered to the Sheriff’s Office for signature by the sheriff.
DocumentDeed
An application to become a standing process server must be supported by an affidavit stating the applicant’s contact details, age, specified relationship restrictions, and agreement to follow applicable service rules and court instructions.
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: a. The name, address, and telephone number of the applicant; b. That the applicant is 18 years of age or older; c. That the applicant agrees not to attempt service of process in any case in which the applicant is a party, counsel for a party, or related to a party by blood or marriage; d. That the applicant agrees to follow the requirements of Ohio Civ.R. 4 through 4.6, any applicable Local Rules, and specific instructions for service of process as ordered by the Court in individual cases.
DocumentStanding Process Server Application And Affidavit
A receiver shall file reports of ===== PAGE 4 ===== receipts and disbursements with supporting documentation of the receiver’s actions and transactions within three months after the date of appointment or at such other times as the Court may direct.
DocumentReceiver Report
A party seeking personal service by a special process server must file a motion and proposed entry identifying the server and stating that the server is at least 18 and is not a party or counsel.
If a party wants personal service to be made by a special process server under Ohio Civil Rule 4.1, that party must file a motion to appoint a special process server. The party must also submit a proposed entry. The motion and the entry must state the following: 1. The name of the person to be appointed as process server; 2. That the person to be appointed as process server is 18 years of age or older; and 3. That the person to be appointed as process server is not a party or counsel for a party in the action.
DocumentMotion And Proposed Entry
The order must contain the specified language designating the applicant as a standing special process server.
The Order shall state as follows: “It appearing to the Court that the following applicant has complied with Local Rule 12.04, (name of applicant) is hereby designated as a Standing Special Process Server authorized to make service of process in all cases filed with the Court for one year from the filing of this Order.”
DocumentProposed Order
proposed standing Order captioned “In Re The Appointment of (name of applicant) As Special Process Server.”
DocumentProposed Order
The Order shall be signed by the Administrative Judge.
DocumentOrder
All case numbers on pleadings, motions and other court filings shall appear as follows:
DocumentCourt Filing
The attorney signature blocks of all pleadings, motions and filings shall include the attorney registration number assigned by the Supreme Court of Ohio.
DocumentPleading Motion Or Filing
The clerk of courts shall refuse to accept for filing any case that does not conform to this rule.
DocumentInitial Non Criminal Filing
For all complaints, post- decree motions filed in domestic relation matters or motions that reopen a domestic case, the form shall include the caption, related pending or closed cases, and indicate one of the case types provided on the form.
DocumentCase Designation Form
Every initial, non-criminal filing shall be accompanied by a Case Designation Form, which can be obtained in the office of the clerk of courts.
DocumentInitial Non Criminal Filing
All individuals who are not represented by legal counsel shall include their telephone number and email address on all pleadings and motions filed with the Court.
DocumentPleading Or Motion
On all pleadings and motions to reopen a case, the address, phone number, and email address of the parties shall be listed in the caption.
DocumentPleading Or Motion To Reopen
If a party’s address changes while the case is pending, the party shall report the change to the clerk of courts by filing a written Notice of Change of Address.
DocumentNotice Of Change Of Address
The Request for Service may be filed as a separate document or at the end of the pleading or motion. Every Request for Service must state the full names and addresses of those to be served.
DocumentRequest For Service
All motions on the non-oral docket shall also be accompanied by a proposed judgment entry in accordance with Local Rule 2.15.
DocumentMotion
The pleading or motion must contain a Proof of Service, which is a statement notifying the Court that the opposing counsel or unrepresented parties have been sent or given a copy of the document. Every Proof of Service must state the full names and addresses of those served.
DocumentPleading Or Motion
All motions shall be accompanied by a brief or memorandum stating the grounds for the motion and citing relevant authorities.
DocumentMotion
A party seeking oral argument must make a written request; the motion must state why a hearing is necessary in its body and place “Oral Hearing Requested” in its caption.
Oral argument upon a motion will not be held unless written request is made by the party submitting or opposing the motion. The reasons for the necessity of an oral hearing shall be stated in the body of the motion, and the words “Oral Hearing Requested” shall be placed in the caption of the motion.
DocumentMotion
No filing without a correct Request for Service, Proof of Service, or Waiver of Service will be considered by the Court.
No pleading or motion shall be amended by interlineation or obliteration. A party filing an amended pleading shall re-file the entire amended pleading.
DocumentAmended Pleading
The affidavit shall include a status report from the Department of Defense Manpower Data Center showing whether the party against whom judgment is sought is in active status in the military based on the information provided in the search fields.
DocumentDefault Judgment Motion
At the hearing, the moving party shall be prepared to offer testimonial and documentary evidence in support of the claim
DocumentDefault Judgment Hearing
Motions for default judgment shall be accompanied by an affidavit in support of the requested judgment.
DocumentDefault Judgment Motion
Motions for default judgment shall also be accompanied by an affidavit stating whether the party against whom the judgment is sought is in active military status or not.
DocumentDefault Judgment Motion
and if the claim is for damages, the moving party shall present evidence in support of damages.
DocumentDefault Judgment Hearing
Submitted entries must list all recipients below the signature block on the left, including the specified recipients when relevant.
All submitted entries must include a listing of all individuals and entities who should receive a copy of the judgment entry. The listing must appear on the left side of the page below the signature block and aligned with the left margin. The listing shall include the following: • All attorneys; • Self-represented parties; • The court administrator; • The Mediation Department (if relevant); • The Child Support Enforcement Agency (CSEA) (in domestic matters if relevant); • The Guardian ad Litem (in domestic matters if relevant); and • Any other individual or entity who should receive a copy.
DocumentJudgment Entry
Every non-oral motion filed with the Court shall be accompanied by a proposed judgment entry suitable for use if the motion is granted.
DocumentNon Oral Motion
The legal notice shall be prepared and submitted to the clerk of courts for endorsement prior to publishing.
DocumentLegal Notice
For all motions, the clerk of courts requires that the original be filed plus one copy for scheduling purposes and one copy for each party being served.
DocumentMotion
The requesting party is required to submit proof of payment and proof of publishing to the clerk of courts for filing.
DocumentLegal Notice
For all complaints, the clerk of courts requires that the original be filed plus one copy for each party being served.
DocumentComplaint
A person filing by fax must provide a cover page with the case and document information, transmission details, page count, and available filer contact and registration information.
The person filing a document by facsimile shall also provide a cover page containing the following information: a. The title of the case; b. The case number; c. 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 of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss); d. The date of transmission; e. The transmitting facsimile number; f. The number of pages included in the transmission, including the cover page; and g. The name, address, telephone number, facsimile number, Supreme Court registration number, if applicable, and e-mail address of the person filing the document if available.
DocumentFacsimile Filing
The original document and cover sheet filed by facsimile shall be maintained by the person making the filing until the case is closed and all opportunities for post-judgment relief are exhausted.
DocumentFacsimile Filing
An exhibit filed separately must be attached to a cover sheet with the specified case information and exhibit title.
Any exhibit filed in this manner 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, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.
DocumentExhibit Cover Sheet
Each exhibit to a facsimiled document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.
DocumentInsert Page
Each exhibit to an email filing that cannot be accurately transmitted via email for any reason must be replaced by an insert page describing the exhibit and why it is missing.
DocumentEmail Filing
A party emailing a signed source document may send the signed copy or an unsigned copy bearing the specified /s/ notation.
A party who wishes to file a signed source document by email shall either: 1. Email a copy of the signed source document; or 2. Email 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.
DocumentSigned Source Document
5. Title of Filing and Docket Type. All filed documents must have an appropriate title. a. For example: Any filing requesting an act by the Court shall be titled “Motion”; a brief in opposition shall be titled “Brief in Opposition”.
DocumentFiled Document
a. The order must include <{Judge Signature}> as signature token for the judge. b. The order must include <{Magistrate Signature}> as signature token for the magistrate.
DocumentProposed Order
E-filed documents that require an attorney’s or filing party’s signature must be signed with a representation of a signature such as "/s/ (name)."
DocumentE Filed Document
For documents requiring multiple signatures, the e-filer must indicate the other counsel’s or parties’ agreement at the appropriate place using “/s/”.
When a stipulation or other document requires the signature of two or more individuals, the e-filer must indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line, using the representation of a signature “/s/”.
DocumentStipulation Or Other Document Requiring Multiple Signatures
The revised document must be so identified and must reference the date of filing of the document being revised in its title.
DocumentRevised Document
Filing & Service rules
Electronic Filing Rules
CQE petitioners must establish an electronic account with the ODRC division and follow the applicable administrative and court rules and procedures.
Eligible individuals who seek to petition the Court for a CQE must establish an electronic account with the division of parole and community services of the ODRC and shall follow the administrative rules and regulations adopted under ===== PAGE 4 ===== R.C. 2935.25 and the rules and procedures adopted by the Court.
Criminal cases
Page 3 | Rule 11.06 – Certification of Qualification for Employment
A document requiring a filing fee or service by the clerk cannot be filed by fax.
No document shall be accepted by the clerk of courts for facsimile filing if it requires a filing fee or service by the clerk of courts.
Page 16 | G. Fees and Costs
Email filings must be sent only to the clerk of courts and not directly to court employees.
Email filings may not be sent directly to court employees for filing but may only be transmitted to the clerk of courts.
Page 16 | Rule 3.05 - Email Filings, B. Procedure
The filer must retain the original email-filed document until the case is closed and all post-judgment relief opportunities are exhausted.
The original document filed by email shall be maintained by the person making the filing until the case is closed and all opportunities for post-judgment relief are exhausted.
Page 16 | Rule 3.05 - Email Filings, B. Procedure
Pleadings and other documents may be emailed to the clerk at the specified address, and emailed source documents must be PDFs.
Pleadings and other documents may be filed with the clerk of courts by email transmission to: clerkfiling@co.tuscarawas.oh.us All source documents emailed shall be in the form of a pdf file.
Page 16 | Rule 3.05 - Email Filings, B. Procedure
A case designated by Judgment Entry or Local Rule as an e-file case type must be filed electronically under this rule's procedures.
A case that has been designated by Judgment Entry and/or Local Rule as being of the type that shall be filed electronically using the procedures in this Rule.
Page 18 | Rule 3.06 – Electronic Filing; A. Definitions
The clerk will not accept a document for email filing if it requires a filing fee or service by the clerk.
No document shall be accepted by the clerk of courts for email filing if it requires a filing fee or service by the clerk of courts.
Page 18 | F. Fees and Costs
The assigned unique identifier must be used for filing and handling e-filed case documents.
The unique identifier shall be used to file, serve, receive, review, and retrieve e-filed pleadings, orders, and other documents in the case.
Page 20 | C. Confidential and Unique Electronic Identifier
Counsel of record who wish to file must register with the Clerk to use the e-file system.
All counsel of record who wish to file with the Court shall register with the Clerk to file, serve, receive, review and retrieve copies of e-filed pleadings, orders and other documents in the case.
Page 20 | B. Registration in E-File System
Discovery-related documents in criminal cases must be submitted to the Clerk of Courts and may not be e-filed.
3. Discovery-related documents in criminal cases must be submitted to the Clerk of Courts and may not be e-filed.
Page 21 | Electronic filing
Self-represented filers may use the e-filing system but are not required to; those who do not e-file must submit documents to the Clerk by one of the listed methods.
6. Pro-se filers may, but are not required to, utilize the e-filing system. The Clerk of Courts will provide secure public access terminals from which self- represented filers will be permitted to use the court’s e-filing system and electronically file documents. Self-represented filers who do not utilize the e- filing system must file all documents with the Clerk by mail, commercial carrier service, email, or personal delivery to the Clerk’s Office.
Page 21 | Electronic filing
Proposed orders and agreed judgment entries signed by the parties and requiring a judge or magistrate’s signature should not be filed on the docket. These entries must be e-filed through the proposed submission icon or the proposed agreed entry icon or submitted to the court in paper format.
Proposed orders and agreed judgment entries signed by the parties and requiring a judge or magistrate’s signature should not be filed on the docket. These entries must be e-filed through the proposed submission icon or the proposed agreed entry icon or submitted to the court in paper format.
Page 22 | E. E-Filed Documents
A party submitting documents for in-camera review must e-file a Notice of Documents Submitted for In-Camera Review.
The party submitting the documents for in camera review must e-file a Notice of Documents Submitted for In- Camera Review.
Page 27 | M. Exceptions to E-Filing—2. Documents submitted for in-camera review
Documents to be filed under seal must be filed on paper unless the court directs otherwise.
However, the documents to be filed under seal must be filed in paper form unless otherwise directed by the court.
Page 27 | M. Exceptions to E-Filing—1. Documents Filed under Seal
Documents submitted for in-camera review must be delivered to the assigned judge on paper, outside the e-filing system.
Any documents submitted for in camera review must be submitted to the assigned judge in paper form outside the e-filing system.
Page 27 | M. Exceptions to E-Filing—2. Documents submitted for in-camera review
A motion to file documents under seal must be filed and served electronically.
A motion to file documents under seal must be filed and served electronically.
Page 27 | M. Exceptions to E-Filing—1. Documents Filed under Seal
A person deemed a vexatious litigator under R.C. 2323.52 may not e-file without leave of court.
An individual that has been deemed a vexatious litigator pursuant to R.C. 2323.52 shall not be permitted to e-file without leave from the Court.
Page 27 | M. Exceptions to E-Filing—5. Filings from Vexatious Litigators
Unless a court order provides otherwise, referral to parenting coordination stays the case and the clerk may not accept filings during the stay except for the listed documents.
Unless otherwise provided by court order, referral of a case to parenting coordination stays a case until further notice. The clerk of courts shall not accept for filing any documents while a case is in parenting coordination with the following exceptions: a. An objection to a PC’s decision; b. A motion to lift the stay; c. A response to a motion to lift the stay; d. An application to dismiss the case; e. A notice related to counsel; f. A motion for changes in the designation of the primary residential parent or legal guardian; and g. A motion for changes in the primary placement of a child.
Page 62 | Stay of Proceedings
Eligible individuals seeking a CQE must establish an electronic account with the ODRC division and follow the applicable administrative and court rules.
Eligible individuals who seek to petition the Court for a CQE must establish an electronic account with the division of parole and community services of the ODRC and shall follow the administrative rules and regulations adopted under R.C. 2935.25 and the rules and procedures adopted by the Court.
Page 66 | Rule 11.06 – Certification of Qualification for Employment
While a case is in parenting coordination, the clerk must not accept filings except for the listed documents.
The clerk of courts shall not accept for filing any documents while a case is in parenting coordination with the following exceptions: a. An objection to a PC’s decision; b. A motion to lift the stay; c. A response to a motion to lift the stay; d. An application to dismiss the case; e. A notice related to counsel; f. A motion for changes in the designation of the primary residential parent or legal guardian; and g. A motion for changes in the primary placement of a child.
Civil cases
Page 16 | Stay of Proceedings
Fax filings cannot be sent directly to the Court and must go through the clerk's fax equipment.
Facsimile 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 2 | Rule 3.04 – Facsimile Filings, B. Procedure
Email filings may be transmitted only to the clerk of courts, not directly to other court employees.
Email filings may not be sent directly to court employees for filing but may only be transmitted to the clerk of courts.
Page 5 | Rule 3.05 – Email Filings
A document requiring a filing fee or service by the clerk of courts will not be accepted for email filing.
No document shall be accepted by the clerk of courts for email filing if it requires a filing fee or service by the clerk of courts.
Page 6 | Rule 3.05 – Email Filings, F. Fees and Costs
CQE petitions should be completed electronically through the ODRC website on its prescribed form, but paper filing is accepted and online application is encouraged for efficient processing.
All petitions for a CQE should be completed electronically, through the ODRC website, on the form prescribed by the division of parole and community services. The Court will accept the paper filing of a petition for a CQE. However, Petitioners are encouraged to apply through the ODRC website www.drccqe.com for the most efficient processing.
Criminal cases
Page 4 | Rule 11.06 – Certification of Qualification for Employment
Parties may file pleadings and other documents by fax to the clerk, but fax filings must use the clerk-operated fax equipment and may not be sent directly to the Court.
Facsimile filing is available for the convenience of all parties and their attorneys. Pleadings and other documents may be filed with the clerk of courts by facsimile transmission to 330-343-4682. Facsimile 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 13 | Rule 3.04 – Facsimile Filings
Attorneys are encouraged to use the e-filing system, and all cases other than the listed exceptions are designated as e-file cases.
All attorneys are encouraged to use the court's e-filing system. All cases, except for those listed below, are designated as e-file cases.
Page 20 | D. E-Filing Generally
An e-filed document is deemed authorized by the party assigned its identifier unless that party proves otherwise by clear and convincing evidence.
All e-filed documents shall be deemed to be made with the authorization of the party who is assigned to the specific unique electronic identifier, unless the party proves to the satisfaction of the Court, by clear and convincing evidence, that the contrary is demonstrated.
Page 20 | C. Confidential and Unique Electronic Identifier
Each person assigned a unique identifier is responsible for its security and use.
Each person to whom a unique identifier has been assigned shall be responsible for the security and use of such identifier.
Page 20 | C. Confidential and Unique Electronic Identifier
An e-filer may file a revised document to correct or add to an electronic filing if no party has responded to the original.
An e-filer who wishes to make corrections or additions to an electronically filed document may file a revised document if no response has been made to the original filing by any party.
Page 25 | K. Filing Errors
Filing Timing and Cure Windows
Counsel must file dismissal entries within 30 days after the mediation conference.
Dismissal entries shall be filed by counsel no later than 30 days after the mediation conference.
Page 5
The non-moving party may file and serve a response within 14 days after the final Mediation Outcome Report is filed.
The non-moving party may file and serve a response within 14 days after the filing of the final Mediation Outcome Report.
Page 6 | Rule 9.10 – Foreclosure Mediation Program
Counsel must report each mediation conference's results to the assigned judge and Mediation Department within seven days after the conference closes.
Counsel shall report the results of each mediation conference to the assigned judge and the Mediation Department within seven days of the close of the mediation conference.
Page 7 | Rule 9.12 – Private Mediators, C. Outcome Report
Any written response must be filed and served by the Friday before the hearing or non-oral consideration, unless another provision states otherwise.
Written responses, if any, shall be filed and served on or before the Friday prior to the hearing or non-oral consideration, unless provided otherwise below.
Criminal cases
Page 3 | Rule 11.03 – Criminal Motions
The Court will dismiss a CQE petition for want of prosecution if the petitioner fails to pay the court-cost deposit and complete filing within 30 days.
If the Petitioner files a petition with the Court but fails to complete filing by paying the court cost deposit within 30 days, the Court will dismiss the petition for want of prosecution.
Criminal cases
Page 4 | Rule 11.06 – Certification of Qualification for Employment
A CQE petition is deemed filed on the date the petitioner appears personally at the clerk’s office, signs under penalty of perjury, and pays the filing fee.
The petition for a CQE shall be deemed filed as of the date the Petitioner personally appeared in the office of the clerk of courts, signed the petition under penalty of perjury, and paid the filing fee.
Criminal cases
Page 4 | Rule 11.06 – Certification of Qualification for Employment
After the ODRC determines an electronically submitted CQE petition is complete, the petitioner must appear at the clerk’s office within 30 days to complete filing and pay a $50 court-cost deposit.
After the petition for a CQE has been submitted electronically and is determined to be complete by the ODRC, Petitioner shall appear at the office of the clerk of courts, within 30 days of electronic submission, to complete filing and pay a court cost deposit of $50.00.
Criminal cases
Page 4 | Rule 11.06 – Certification of Qualification for Employment
A CQE recipient must report any post-issuance felony arrest, conviction, or plea in writing and file the report with the clerk within seven days.
Petitioners who have been granted a CQE by the Court shall have a continuing duty to report, in writing, to the Court any arrest or conviction of Petitioner for a felony offense after the issuance of the CQE. Such reports must be filed with the clerk within seven days of the arrest or the conviction of, or plea of the felony offense.
Criminal cases
Page 5 | Rule 11.06 – Certification of Qualification for Employment
In foreclosure and lien-marshaling actions, the plaintiff must file a Preliminary Judicial Report within 14 days after filing the complaint, except in actions involving registered lands.
The Plaintiff shall file a Preliminary Judicial Report with the clerk of courts within 14 days after the filing of the complaint, except in actions involving registered lands.
Civil cases
Page 1 | Rule 12.01(A)(1)
In quiet-title and partition actions, plaintiff’s counsel must file a continuation of the Preliminary Judicial Report within 45 days after service is completed on all parties, with the specified statements.
Within 45 days after completion of service upon all parties, counsel for the plaintiff shall file a continuation of the previously filed Preliminary Judicial Report, stating that the report has been extended to the lis pendens date found in R.C. 2703.26 and that no third party has acquired an interest since the date of the original report.
Civil cases
Page 1 | Rule 12.01(A)(2)
A receiver must file the initial report within the period set by the Court after appointment.
Within a time period specified by the Court after being appointed, the receiver shall file a report to the Court, submitting the inventory and appraisal, including an account of receipts and expenditures to date.
Civil cases
Page 3 | Rule 12.03 – Receivership
The party who filed the writ must submit a final proposed Confirmation of Sale Entry within 21 days after the writ is returned.
submit to the Court a final proposed Confirmation of Sale Entry within 21 days after the return of the Writ of Execution of Order of Sale.
Civil cases
Page 3 | Rule 12.02 – Sheriff’s Sales
The proposed Confirmation of Sale Entry must be faxed to the clerk of courts within seven days after the writ is returned.
In order to obtain the amount of court costs in a timely manner, the proposed Confirmation of Sale Entry must be faxed to the clerk of courts for calculation of court costs within seven days of the return of the Writ of Execution of Order of Sale.
Civil cases
Page 3 | Rule 12.02 – Sheriff’s Sales
The party who filed the writ must file a Motion to Confirm Sale within seven days after the writ is returned.
The party who filed the Writ of Execution of Order of Sale shall file a Motion to Confirm Sale within seven days after the return of the Writ of Execution of Order of Sale
Civil cases
Page 3 | Rule 12.02 – Sheriff’s Sales
The Sheriff’s Office must record the deed with the county recorder within 14 business days after the purchaser pays the remaining purchase price.
The Sheriff’s Office shall record the deed with the county recorder within 14 business days of the date the purchaser pays the balance due on the purchase price.
Civil cases
Page 3 | Rule 12.02 – Sheriff’s Sales
The party who filed the writ must prepare a deed for the purchaser within seven days after the Court files the Confirmation of Sale Entry.
Within seven days of the filing of the Confirmation of Sale Entry by the Court, the party who filed the Writ of Execution of Order of Sale shall prepare a deed to the purchaser.
Civil cases
Page 3 | Rule 12.02 – Sheriff’s Sales
A receiver must file receipts-and-disbursements reports within three months after appointment, unless the Court directs another time.
A receiver shall file reports of ===== PAGE 4 ===== receipts and disbursements with supporting documentation of the receiver’s actions and transactions within three months after the date of appointment or at such other times as the Court may direct.
Civil cases
Page 4 | Rule 12.03 – Receivership
Written replies to a response to a summary-judgment motion must be filed and served within seven days after service of the response.
Any written replies to a response shall be filed and served within seven days after service of the response to the motion.
Page 2 | Rule 4.06 – Motions for Summary Judgment
Written responses must be filed and served within 14 days after service of the motion, unless a later provision specifies otherwise.
Written responses, if any, shall be filed and served within 14 days after service of the motion, unless provided otherwise below.
Page 2 | Rule 4.05 – Schedule for Motion Docket, Generally
Written responses to summary-judgment motions must be filed and served within 28 days after service of the motion.
Written responses, if any, shall be filed and served within 28 days after service of the motion.
Page 2 | Rule 4.06 – Motions for Summary Judgment
Defense attorneys must notify the clerk within 60 days after service if the case is to be designated as complex litigation under Rule 42.
defense attorney(s) shall notify the clerk of courts within 60 days of service that the case shall be designated as complex litigation under Rule 42 of the Rules of Superintendence for the Courts of Ohio.
Page 8 | Rule 2.03 – Case Designation Forms
Plaintiff attorneys must notify the clerk within 60 days after filing a complaint if the case is to be designated as complex litigation under Rule 42.
Plaintiff attorney(s) shall notify the clerk of courts within 60 days of filing a complaint that the case shall be designated as complex litigation under Rule 42 of the Rules of Superintendence for the Courts of Ohio.
Page 8 | Rule 2.03 – Case Designation Forms
Absent extraordinary circumstances, a party must seek judicial action on discovery by motion no later than 30 days after the discovery cutoff.
Absent extraordinary circumstances, the last date for any party to seek the involvement of the judge in the discovery process by way of motion seeking a ruling, an order, sanctions, or other Court action shall be 30 days after the discovery cutoff date.
Page 11 | Rule 2.14 – Motions to Compel Discovery
A faxed document is filed when the clerk time-stamps receipt, not when it was transmitted.
Subject to the provisions of these rules, all documents sent by facsimile and received by the clerk shall be considered filed with the clerk of courts as of the date and time the clerk time-stamps the document received, as opposed to the date and time of the facsimile transmission.
Page 15 | F. Time of Filing
Unless the Court orders otherwise, a missing exhibit must be filed separately within five business days after the filing.
Unless the Court otherwise orders, the missing exhibit shall be filed with the Court, as a separate document, not later than five business days following the filing.
Page 15 | E. Exhibits
An emailed filing received by the clerk by 4:30 PM on a business day will be time-stamped with its date and time of receipt.
Emailed filings that are received by the clerk on or before 4:30 PM on a business day will be time stamped on the date and time received.
Page 17 | E. Time of Filing
An emailed document is considered filed when the clerk time-stamps receipt, not when the email is transmitted.
Subject to the provisions of these rules, all documents sent by email and received by the clerk shall be considered filed with the clerk of courts on the date and time the clerk time stamps the document received, as opposed to the date and time of the email transmission.
Page 17 | E. Time of Filing
For a self-represented filer’s paper filing, the Clerk must accept, docket, and scan it by the end of the next business day or as soon as practicable, and retain the original.
The Clerk must accept the paper document for filing, docket the document, and scan the document before the end of the next business day, or as soon as practicable, and retain the original for placement in the case file.
Page 21 | Electronic filing
An accepted e-filing is timestamped, and its effective filing date and time are when the e-filing was accepted.
If a document submitted for e-filing is accepted by the Clerk, the document will be entered into the court’s case management system and will receive an electronic timestamp indicating the date and time that the document was accepted. a. The electronic timestamp, and the effective date and time of filing, will correspond to the date and time the e-filing was accepted to the e-filing system.
Page 24 | H. Filing Date and Time of E-Filed Documents
Service and Proof of Service Rules
Any party may request mediation by filing a motion for mediation and serving it on all parties.
Any party may request mediation by filing a motion for mediation and by serving the motion on all parties.
Page 2 | Rule 9.03 – Mediation Referral
The non-moving party may serve a response within 14 days after the final Mediation Outcome Report is filed.
The non-moving party may file and serve a response within 14 days after the filing of the final Mediation Outcome Report.
Page 6 | Rule 9.10 – Foreclosure Mediation Program
A surety must receive notice by ordinary mail at the address listed on the bond of the show cause hearing.
Any surety shall be given notice by ordinary mail at the address shown on the bond of a show cause hearing on a date determined by the Court pursuant to R.C. 2937.36.
Criminal cases
Page 2 | Rule 11.02 – Bail and Recognizance, B. Forfeiture
When a CQE petition is filed, the clerk must notify the Community Corrections Program and Prosecuting Attorney and provide each with a copy.
Upon the filing of a petition for a CQE, the clerk of courts shall notify the Tuscarawas County Community Corrections Program and the Tuscarawas County Prosecuting Attorney of the filing and provide them with a copy of the petition.
Criminal cases
Page 4 | Rule 11.06 – Certification of Qualification for Employment
The Court must notify the Petitioner and ODRC of its decision through the Court’s electronic record.
The Court shall notify the Petitioner and the ODRC of its decision to grant or deny the petition through the Court’s electronic record.
Criminal cases
Page 5 | Rule 11.06 – Certification of Qualification for Employment
The Prosecuting Attorney and the Community Corrections Program must receive notice of hearings on CQE petitions.
The Tuscarawas County Prosecuting Attorney shall be an associated party to the proceedings on the petition, shall receive notice of any hearing, and shall represent the interests of the people of the State of Ohio on all pertinent issues, particularly whether the Petitioner for a CQE poses an unreasonable risk to safety of the public or an individual. The Community Corrections Program shall also receive notice of hearings on such petitions.
Criminal cases
Page 5 | Rule 11.06 – Certification of Qualification for Employment
If the title evidence shows that necessary parties were not named as defendants, the plaintiff must add and serve those parties.
Where the evidence of title indicates that necessary parties have not been made defendants, the plaintiff shall add and serve such new parties.
Civil cases
Page 1 | Rule 12.01(A)
When the Court orders a real-estate sale, the clerk must mail a Notice of Issuing Order of Sale of Real Estate to all parties to the suit.
In any case, where the Court has ordered the sale of real estate, the clerk of courts shall mail a Notice of Issuing Order of Sale of Real Estate to all parties to the suit.
Civil cases
Page 2 | Rule 12.01(D)
The sale cannot be confirmed until the party ordering it files a certificate stating that notice was sent by ordinary mail to every appearing party’s last known address or attorney of record.
The Court will not confirm any sheriff’s sale until the party ordering the sale has filed a certificate of service of notice of the sale stating that the notice of the sale has been sent to all parties who have appeared in the action, by ordinary mail to their last known address, or their attorney of record.
Civil cases
Page 3 | Rule 12.02 – Sheriff’s Sales
A party seeking personal service by a special process server must file a motion to appoint the server and submit a proposed entry.
If a party wants personal service to be made by a special process server under Ohio Civil Rule 4.1, that party must file a motion to appoint a special process server. The party must also submit a proposed entry.
Civil cases
Page 4 | Rule 12.04(A) – One-Time Appointment
Until the order expires, a file-stamped copy satisfies Ohio Civil Rule 4.1’s court-designation requirement for the special process server.
Until expiration of the Order, the clerk of courts shall accept a file- stamped copy of such order as satisfying the requirements of Ohio Civil Rule 4.1 for designation by the Court as a person authorized to make service of process.
Civil cases
Page 5 | Rule 12.04 – Process Servers
Every filed pleading, motion, brief, or memorandum must be served on opposing counsel or unrepresented opposing parties.
Every pleading, motion, brief or memorandum filed with the Court shall be served on all opposing counsel or upon all parties not represented by counsel.
Page 9 | Rule 2.07 – Service on Opposing Parties
Electronic notification through an e-filing system does not constitute acceptable service under the Civil Rules.
Any electronic notification sent to a party or attorney through an e-filing system will not be considered acceptable service in compliance with the Civil Rules.
Page 9 | Rule 2.07 – Service on Opposing Parties
When a case is opened or reopened, or claims are made against additional parties, the clerk serves opposing parties after the filer submits a Request for Service, unless a Civ. R. 4.7 waiver has been filed.
If the case is being opened, reopened, or if claims are being made against additional parties, the clerk of courts shall serve all opposing parties. The party filing the pleading or motion that opens or reopens the court file must request that the clerk of courts serve the document by filing a Request for Service, unless the party has filed a Waiver of Service under Civ. R. 4.7.
Page 9 | Rule 2.07 – Service on Opposing Parties
The filing party must serve all other documents as provided in Civ.R. 5.
All other documents shall be served by the party filing the document as provided in Civ.R. 5.
Page 9 | Rule 2.07 – Service on Opposing Parties
A separately filed exhibit and its cover sheet must be signed and served according to the Court’s rules for pleadings.
Any exhibit filed in this manner 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, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.
Page 15 | E. Exhibits
The Court and Clerk issue, journalize, and serve notices, orders, and other documents electronically, with notices issued to parties without a case-management-system email address and in exempted cases.
7. The Court and the Clerk will issue, journalize, and serve notices, orders, and other documents electronically. The Clerk will issue notices to those parties that do not have an email address in the case management system and on exempted cases listed above.
Page 21 | Electronic filing
Proposed orders must be served on all parties contemporaneously.
3. Proposed Orders. Proposed orders must be submitted in Microsoft Word (.doc or .docx) format, must reference the specific motion to which they apply, and must be contemporaneously served on all parties.
Page 22 | E. E-Filed Documents
The filing party must serve filings after the complaint and include a certificate of service.
It is the responsibility of the filing party to serve all filings subsequent to the complaint and a party must include a certificate of service in accordance with the applicable rules of procedure.
Page 23 | G. Electronic Service of Documents
When e-filing a claim requiring summons, the filing party must submit service instructions, and the Clerk issues summons using the requested method.
When submitting any complaint, third-party complaint, or other claim requiring summons for e-filing the filing party must also submit instructions for service as required by the Rules of Procedure. The Clerk must issue a summons by the method of service requested in accordance with the applicable rules of procedure.
Page 23 | G. Electronic Service of Documents
E-service is complete when a registered user receives notice on the e-service notifications page.
E-service of an e-filed document will be deemed complete when a registered user receives the notice on the e-service notifications page through the e-filing system.
Page 23 | G. Electronic Service of Documents
Electronic service constitutes service and satisfies the certificate requirement unless the filing party knows of a technical failure causing non-receipt.
Electronic service of the filing constitutes service of the filed document and satisfies the certificate of service requirement, unless the filing party has actual knowledge of a technical failure resulting in non- receipt of a document.
Page 23 | G. Electronic Service of Documents
An e-filing notice is automatically served electronically on all registered case participants when a document is e-filed.
Once a document is e-filed, a notice of electronic filing will be automatically served electronically on all parties who are registered case participants.
Page 23 | G. Electronic Service of Documents
Unsubscribed pro se and other interested parties must be served with a paper copy under the applicable rules.
Pro-se parties and other interested parties who may be served with a filing (such as receivers and other court appointees) but who are not subscribed to the court’s e-filing system must be served with a paper copy in accordance with the applicable rules of procedure.
Page 23 | G. Electronic Service of Documents
A motion to file documents under seal must be served electronically.
A motion to file documents under seal must be filed and served electronically.
Page 27 | M. Exceptions to E-Filing—1. Documents Filed under Seal
Written responses to motions must be filed and served within 14 days after service of the motion, unless another rule provides otherwise.
Written responses, if any, shall be filed and served within 14 days after service of the motion, unless provided otherwise below.
Page 29 | Rule 4.05 – Schedule for Motion Docket, Generally
Written replies to responses to summary judgment motions must be filed and served within seven days after service of the response.
Any written replies to a response shall be filed and served within seven days after service of the response to the motion.
Page 30 | Rule 4.06 – Motions for Summary Judgment
Written responses to summary judgment motions must be filed and served within 28 days after service of the motion.
Written responses, if any, shall be filed and served within 28 days after service of the motion.
Page 30 | Rule 4.06 – Motions for Summary Judgment
Any written response must be served by the Friday before non-oral consideration.
Written responses, if any, shall be filed and served on or before the Friday prior to the non-oral consideration.
Page 31 | Rule 4.12 – Motions to Confirm Sale
Filing Fees and Waivers
A $50 court-cost deposit is required when the petitioner appears to complete filing of an electronically submitted CQE petition.
After the petition for a CQE has been submitted electronically and is determined to be complete by the ODRC, Petitioner shall appear at the office of the clerk of courts, within 30 days of electronic submission, to complete filing and pay a court cost deposit of $50.00.
Criminal cases
Page 4 | Rule 11.06 – Certification of Qualification for Employment
A petitioner who files a CQE petition directly with the clerk must pay the filing fee upon filing.
If the Petitioner files directly with the clerk of courts, the filing fee must be paid upon filing.
Criminal cases
Page 4 | Rule 11.06 – Certification of Qualification for Employment
The clerk will not accept noncriminal filings unless required deposits securing potential court costs have been made, except as otherwise provided by law.
No filings except criminal filings, shall be accepted for filing by the clerk unless all required financial deposits have been made to secure the payment of the court costs that may accrue in the action, except as otherwise provided by law.
Page 12 | Rule 3.01 – Filing Fees
A party requesting a legal notice must prepare it and prepay its cost to the legal publisher.
Parties requesting legal notices shall prepare the legal notice and prepay the cost of the notice to the legal publisher.
Page 13 | Rule 3.03 – Publishing Procedures
Documents will not be filed if costs and fees are unpaid, charge information is incomplete, or the documents do not comply with applicable rules.
Documents tendered to the clerk without payment of court costs and fees, or with incomplete information on the charge authorization or request, or that do not conform to applicable rules will not be filed.
Page 16 | G. Fees and Costs
Documents may not be filed if court costs and fees are unpaid, charge authorization or request information is incomplete, or applicable rules are not followed.
Documents tendered to the clerk without payment of court costs and fees, or with incomplete information on the charge authorization or request, or that do not conform to applicable rules may not be filed.
Page 18 | F. Fees and Costs
An electronically filed document requiring a fee will be rejected unless the filer has complied with the stated mechanism; the excerpt does not identify that mechanism.
2. Any document filed electronically that requires a filing fee shall be rejected by the Clerk of Courts unless the filer has complied with the mechanism
Page 22 | F. Collection of Filing Deposit And Fees
Normal filing fees and case deposits are collected electronically when a filing is submitted, as a condition of advancing to Clerk review.
1. The Clerk of Courts shall assess normal filing fees and case deposits which will be collected via a financial transaction device of electronic means at the time the filing is submitted in order to advance to the Clerk’s review stage of e-filing.
Page 22 | F. Collection of Filing Deposit And Fees
A party unable to prepay or secure costs must file a fee-waiver petition and notarized supporting affidavit; if denied, the ordered deposit must be paid or the case may be dismissed.
A party who is unable to prepay or give security for costs in domestic relations cases shall file a Petition for Waiver of Filing Fee and Court Cost Deposit and an Affidavit in Support of Petition for Waiver of Filing Fee. The Affidavit must be notarized. The Court will rule on the Petition after setting the matter for non-oral consideration. If the Petition is denied, a deposit shall be made in accordance with Court Order. Failure to pay the deposit as ordered may result in dismissal of the case.
Page 54 | Rule 10.13 – Waiver of Filing Fee and Court Cost Deposit
Each party must pay the class provider’s fee when attending the Marriage Termination/Parent Education Class.
B. Class Fee A fee determined and set by the class providers must be paid by each party upon attendance.
Page 56 | Rule 10.15 – Marriage Termination/Parent Education Class, B. Class Fee
CQE petitioners must pay a $50 court cost deposit to complete filing after ODRC determines the electronic petition is complete.
After the petition for a CQE has been submitted electronically and is determined to be complete by the ODRC, Petitioner shall appear at the office of the clerk of courts, within 30 days of electronic submission, to complete filing and pay a court cost deposit of $50.00.
Page 66 | Rule 11.06 – Certification of Qualification for Employment
Petitioners filing directly with the clerk of courts must pay the filing fee upon filing.
clerk of courts, the filing fee must be paid upon filing.
Page 67
A praecipe for a subpoena issued to the Tuscarawas County Sheriff costs $40 each.
Praecipe for Subpoena issued to Tuscarawas County $40.00 each
Page 79 | Miscellaneous
A praecipe for service not issued to the Sheriff and filed after the initial filing costs $10 per name or address and writ.
Praecipe for Service for service not issued to Sheriff $10.00 per name or address and writ
Page 79 | Miscellaneous
Motions to modify or reopen, executions, proceedings in aid of executions, garnishments, and foreign judgments cost $105.
Motions to Modify or Reopen, Executions, Proceedings in Aid of Executions, Garnishments, and Foreign Judgments $105.00
Page 79 | Civil Complaints and Petitions
The fee for an administrative appeal is $148.
$148.00 for Administrative Appeals
Page 79 | Civil Complaints and Petitions
A praecipe for service issued to the Tuscarawas County Sheriff or a foreign sheriff costs $40 per name or address and writ.
Praecipe for Service issued to Tuscarawas County $40.00 each per name or address and writ
Page 79 | Miscellaneous
A counterclaim costs $100.
Counterclaims $100.00
Page 79 | Civil Complaints and Petitions
A complaint or petition against one defendant or respondent, including a Third-Party Complaint, requires a $300.00 deposit, or $148.00 for Administrative Appeals.
Complaints and Petitions, against one $300.00
Page 79 | Civil Complaints and Petitions
A praecipe for an order of possession issued to the Tuscarawas County Sheriff costs $150.
Praecipe for Order of Possession issued to Tuscarawas $150.00
Page 79 | Miscellaneous
An initial jury demand costs $300.
Initial Jury Demand $300.00
Page 79 | Civil Complaints and Petitions
A praecipe for a subpoena issued to a foreign sheriff costs $40 plus a separate check for witness fees.
Praecipe for Subpoena issued to foreign sheriff $40.00 plus an additional check for witness fees – see section for statutory witness fees
Page 79 | Miscellaneous
A petition for a Certificate of Qualification for Employment costs $50.
Petition for a Certificate of Qualification for $50.00
Page 80 | Statutory Witness Fees and mileage rate
A motion or application to seal a criminal record citing R.C. 2953.32 costs $50.
Motion or Application to Seal Criminal Record $50.00 for motion/application citing R.C. 2953.32
Page 80 | Statutory Witness Fees and mileage rate
A praecipe for a subpoena served by the filing attorney costs $3 each.
Praecipe for Subpoena when served by filing attorney $3.00 each
Page 80 | Statutory Witness Fees and mileage rate
A certificate of judgment lien costs $35 for a judgment from this court or $30 for a judgment from another court.
Certificate of Judgment Liens $35.00 if judgment is from this court $30.00 if judgment is from another court
Page 80 | Statutory Witness Fees and mileage rate
A praecipe for an order of sale costs $800 for residential property or $885 for other property, with publishing costs paid directly to the publisher.
Praecipe for Order of Sale $800.00 residential; $885.00 for other; Publishing costs paid directly to publisher
Page 80 | Statutory Witness Fees and mileage rate
A party unable to prepay or secure costs in a domestic relations case must file a fee-waiver petition and supporting affidavit.
A party who is unable to prepay or give security for costs in domestic relations cases shall file a Petition for Waiver of Filing Fee and Court Cost Deposit and an Affidavit in Support of Petition for Waiver of Filing Fee.
Civil cases
Page 8 | Rule 10.13 – Waiver of Filing Fee and Court Cost Deposit
If the fee-waiver petition is denied, the party must pay the deposit ordered by the Court, and failure to do so may result in dismissal.
If the Petition is denied, a deposit shall be made in accordance with Court Order. Failure to pay the deposit as ordered may result in dismissal of the case.
Civil cases
Page 8 | Rule 10.13 – Waiver of Filing Fee and Court Cost Deposit
Courtesy Copy Requirements
A courtesy copy of a response filed and served on the Friday before the hearing must be directed to the courtroom.
For responses filed and served on that Friday, a courtesy copy shall be directed to the courtroom.
Criminal cases
Page 3 | Rule 11.03 – Criminal Motions
A courtesy copy of a reply filed on the Friday before a hearing or non-oral consideration must be directed to the courtroom.
If a reply is filed on the Friday before the hearing or non-oral consideration, a courtesy copy shall be directed to the courtroom, as previously required by Local Rules.
Page 1 | Local Rules of Practice
A courtesy copy of a reply filed and served on the Friday before a hearing or non-oral consideration must be directed to the courtroom.
For replies filed and served on the Friday before the hearing or non-oral consideration, a courtesy copy shall be directed to the courtroom.
Page 2 | Rule 4.06 – Motions for Summary Judgment
A courtesy copy of a reply filed on the Friday before a hearing or non-oral consideration must be directed to the courtroom.
If a reply is filed on the Friday before the hearing or non-oral consideration, a courtesy copy shall be directed to the courtroom.
Page 2 | Rule 4.05 – Schedule for Motion Docket, Generally
A reply filed on the Friday before a hearing or non-oral consideration must have a courtesy copy directed to the courtroom.
If a reply is filed on the Friday before the hearing or non-oral consideration, a courtesy copy shall be directed to the courtroom.
Page 29 | Rule 4.05 – Schedule for Motion Docket, Generally
A reply filed and served on the Friday before a hearing or non-oral consideration must have a courtesy copy directed to the courtroom.
For replies filed and served on the Friday before the hearing or non-oral consideration, a courtesy copy shall be directed to the courtroom.
Page 30 | Rule 4.06 – Motions for Summary Judgment
A courtesy copy must be directed to the courtroom for responses filed and served on the Friday before non-oral consideration.
For responses filed and served on that Friday, a courtesy copy shall be directed to the courtroom.
Page 31 | Rule 4.12 – Motions to Confirm Sale
Courtesy copies of dispositive motions and responsive memoranda should be sent to the courtroom upon filing.
Courtesy copies of all dispositive motions and responsive memoranda should be sent to the courtroom upon filing.
Page 9 | Rule 2.06 – Motion Requirements
The Court recommends sending courtesy copies of all dispositive motions and responsive memoranda to the courtroom upon filing.
Courtesy copies of all dispositive motions and responsive memoranda should be sent to the courtroom upon filing.
Page 2 | Rule 2.06 – Motion Requirements
Sealing & Redaction Procedures
CQE petitioners must remove personal and private information from the petition, its exhibits or addenda, and later-filed documents.
The individual filing the petition for a CQE (Petitioner) is responsible for removing personal and private information, such as the individual’s social security number, from the petition, any exhibits or addenda attached to the petition, or from documents later filed in the proceeding.
Criminal cases
Page 4 | Rule 11.06 – Certification of Qualification for Employment
Personal and private information must be submitted on a non-public Disclosure of Personal Identifier form, kept in a marked separate envelope, and opened only by court order.
Personal and private information must be submitted on a Disclosure of Personal Identifier form, which is a non-public record. The information will be kept in a separate envelope within the case file and appropriately marked as containing personal and private information, and opened only upon an order of the Court.
Criminal cases
Page 4 | Rule 11.06 – Certification of Qualification for Employment
CQE investigation materials are confidential, must remain sealed during appellate transmission, and may be opened only by court order.
All investigation-related documents and information gathered by the Community Corrections Program and the Court in its consideration of the petition for a CQE shall be considered confidential and not a public record. Such documents and information shall be treated with the same level of confidentiality as a pre- sentence report and shall be kept sealed and transmitted in a sealed condition to the Court of Appeals in the event of appellate review, and shall not be opened except upon an order of the Court.
Criminal cases
Page 5 | Rule 11.06 – Certification of Qualification for Employment
When personal identifiers are redacted, the party must submit the information on a separate Clerk-provided form, which will be kept from public view.
Pursuant to Sup. R. 45(D)(2), when personal identifiers are redacted from a document e-filed with the Clerk or submitted to the Court, the party must submit or file that information on a separate form provided by the Clerk, and this information will be held in a format that cannot be viewed by the public.
Page 25 | J. Personal and Private Information in Electronically Filed Court Documents
Personal identifying information must be redacted before filing, including from attached exhibits and addenda.
In accordance with Sup. R. 45(D), Social Security numbers and other personal identifying information, whether relevant to the case or not, must be redacted from documents before the documents are filed with the court. This requirement includes exhibits or addenda attached to filings such as preliminary judicial reports, financial reports, and medical records, etc.
Page 25 | J. Personal and Private Information in Electronically Filed Court Documents
A guardian ad litem report must be submitted to the Court as confidential and non-public and must not be filed with the Clerk.
The report of the guardian ad litem shall be submitted to the Court as a confidential, non-public, court document and shall not be filed with the clerk of courts.
Page 54 | Rule 10.14 – Guardian Ad Litem, C. Report
CQE petitioners must remove personal information from public filings and submit it on a non-public identifier form kept separately and opened only by court order.
The individual filing the petition for a CQE (Petitioner) is responsible for removing personal and private information, such as the individual’s social security number, from the petition, any exhibits or addenda attached to the petition, or from documents later filed in the proceeding. Personal and private information must be submitted on a Disclosure of Personal Identifier form, which is a non-public record. The information will be kept in a separate envelope within the case file and appropriately marked as containing personal and private information, and opened only upon an order of the Court.
Page 66 | Rule 11.06 – Certification of Qualification for Employment
CQE investigation-related documents and information are confidential, must be kept sealed, and may be opened only by court order.
All investigation-related documents and information gathered by the Community Corrections Program and the Court in its consideration of the petition for a CQE shall be considered confidential and not a public record. Such documents and information shall be treated with the same level of confidentiality as a pre- sentence report and shall be kept sealed and transmitted in a sealed condition to the Court of Appeals in the event of appellate review, and shall not be opened except upon an order of the Court.
Page 67
Guardian ad litem reports must be submitted to the Court as confidential, non-public documents and not filed with the clerk.
The report of the guardian ad litem shall be submitted to the Court as a confidential, non-public, court document and shall not be filed with the clerk of courts.
Civil cases
Page 9 | C. Report
Parties and counsel alone are responsible for redacting personal identifiers; the Clerk does not review each document for compliance.
Pursuant to Sup. R. 45(D)(3), the responsibility for redacting personal identifiers rests solely with the parties and their counsel. The Clerk will not review each document for compliance with this Rule.
Page 25 | J. Personal and Private Information in Electronically Filed Court Documents
Filing Bundling Requirements
If an e-filing contains two captioned documents, only the document identified by the docket entry will be considered filed.
7. Multiple Documents per filing. If two captioned documents are included in the same e-filing, the docket entry assigned to the filing will determine which document is filed. The document not named in the docket entry will not be considered filed.
Page 22 | E. E-Filed Documents
Only one captioned document may be included in an e-filing, although attachments to that document may be included in the same filing.
6. One Document per filing. Only one captioned document may be filed per e-filing. This provision does not preclude the inclusion of attachments to a motion, brief, or other filed document in the same e-filing.
Page 22 | E. E-Filed Documents
Pre-Motion Conference Requirements
Motions to suppress evidence will be scheduled by a scheduling order.
Motions to suppress evidence will be scheduled by scheduling order.
Criminal cases
Page 3 | Rule 11.03 – Criminal Motions
Adjournment & Extension Requirements
A continuance motion must be written, state the reason, and provide a detailed explanation and any applicable supporting documents; absent contrary direction, it is heard after proper notice to opposing counsel, though a motion is generally unnecessary for an agreed entry.
All motions for continuance must be in writing and shall set forth the reason for the continuance. Unless the Court otherwise directs, a motion for continuance shall be heard after proper notice is given to opposing counsel. All motions for continuance shall set forth a detailed explanation along with any supporting documentation if applicable. A motion is generally not required when an agreed entry is submitted to the Court.
Page 10 | Rule 2.11 – Motions for Continuance
An extension beyond 28 days requires an appropriate motion and may be granted upon a proper showing of good cause.
Where an extension of time beyond 28 days is needed, the appropriate motion must be filed. Upon proper showing of good cause to the Court, the extension may be granted.
Page 10 | Rule 2.08 – Leave to Plead
A request to continue a pre-trial conference must be made in writing and filed in the case.
All requests for continuance of a pre-trial conference shall be made in writing and filed in the case.
Page 48 | Rule 10.07 – Pre-trial Conference
Requests to reschedule parenting coordination sessions require the PC’s approval.
Requests to reschedule parenting coordination sessions shall be approved by the PC.
Page 59
Counsel may agree to an extension of up to 28 days if all counsel sign and file the consent; a longer extension requires a motion and may be granted for good cause.
By agreement of counsel, a party may be granted leave to move or plead provided the total extension of time does not exceed 28 days. Such consent shall be signed by all counsel and filed with the clerk of courts. Where an extension of time beyond 28 days is needed, the appropriate motion must be filed. Upon proper showing of good cause to the Court, the extension may be granted.
Page 3 | Rule 2.08 – Leave to Plead
Requests to continue a pre-trial conference must be made in writing and filed in the case.
All requests for continuance of a pre-trial conference shall be made in writing and filed in the case.
Civil cases
Page 3 | Rule 10.07 – Pre-trial Conference
Continuance requests are discouraged absent exigent circumstances and must state reasons and be directed to the Mediation Department.
Continuances of mediation conferences are counter-productive, and requests are discouraged absent exigent circumstances. Requests shall include reasons and are to be directed to the Mediation Department.
Page 4 | Rule 9.06 – Mediation Continuances
Counsel may agree to an extension of up to 28 days for a party to move or plead, provided all counsel sign the consent and it is filed with the clerk.
By agreement of counsel, a party may be granted leave to move or plead provided the total extension of time does not exceed 28 days. Such consent shall be signed by all counsel and filed with the clerk of courts.
Page 10 | Rule 2.08 – Leave to Plead
Mediation continuance requests are discouraged absent exigent circumstances, must include reasons, and must be directed to the Mediation Department.
Continuances of mediation conferences are counter-productive, and requests are discouraged absent exigent circumstances. Requests shall include reasons and are to be directed to the Mediation Department.
Page 42 | Rule 9.06 – Mediation Continuances
Continuance motions are heard after proper notice to opposing counsel unless the Court directs otherwise, and a motion is generally unnecessary when the parties submit an agreed entry.
Unless the Court otherwise directs, a motion for continuance shall be heard after proper notice is given to opposing counsel. A motion is generally not required when an agreed entry is submitted to the Court.
Page 3 | Rule 2.11 – Motions for Continuance
Chambers Communication Rules
The proposed Confirmation of Sale Entry must be faxed to the clerk of courts for calculation of costs within seven days after the writ is returned.
In order to obtain the amount of court costs in a timely manner, the proposed Confirmation of Sale Entry must be faxed to the clerk of courts for calculation of court costs within seven days of the return of the Writ of Execution of Order of Sale.
Civil cases
Page 3 | Rule 12.02 – Sheriff’s Sales
Questions about filing and court cost deposits may be directed to the Clerk of Courts at the listed phone number or email address.
For questions regarding filing and court cost deposits contact: Wendy D. Jones, Clerk of Courts Tuscarawas County Office Building 125 East High Avenue, Suite 230 P. O. Box 628 New Philadelphia, Ohio 44663 330-365-3243 JonesW@co.tuscarawas.oh.us
Page 80 | For questions regarding filing and court cost deposits contact