Tuscarawas County Court of Common Pleas, General Division Electronic Filing Rules

CRITICALCriminal cases

Applies to

CQE petition

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Original document

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Discovery related document

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.

CRITICAL

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.

CRITICAL

Applies to

Proposed order or agreed judgment entry

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

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

CRITICAL

Applies to

Motion to seal

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.

CRITICAL

Applies to

Sealed document

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.

CRITICAL

Applies to

In camera review documents

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.

CRITICAL

Applies to

Notice of documents submitted for in camera review

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Cqe petition

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Document requiring a filing fee or service by the clerk of courts

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.

WARNINGCriminal cases

Applies to

CQE petition

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.

WARNING

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.

WARNING

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.

WARNING

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

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

WARNING

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.

WARNING

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.

WARNING

During a court e-filing system failure, users may file documents on paper to meet jurisdictional deadlines.

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

WARNING

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

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

WARNING

Applies to

Exhibits

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

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

WARNING

Applies to

Cqe petition

CQE petitions should be completed electronically through the ODRC website, but paper filing is accepted and website applications are 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.

WARNING

Email filings are accepted at the clerk's listed filing email address.

Email filings are accepted to: clerkfiling@co.tuscarawas.oh.us

WARNING

Fax filings are accepted at the listed fax number.

Fax filings are accepted to: 330-343-4682

WARNING

Applies to

Pleadings and other documents

Pleadings and other documents may be filed by fax to the clerk at 330-343-4682.

Pleadings and other documents may be filed with the clerk of courts by facsimile transmission to 330-343-4682.

WARNING

Pleadings and other documents may be filed with the clerk by email at the specified address.

Pleadings and other documents may be filed with the clerk of courts by email transmission to: clerkfiling@co.tuscarawas.oh.us

INFO

Applies to

Judgment entry

A party may submit an entry to the Court by email.

A party submitting an entry to the Court may do so through email.

INFO

Email filing is available as a convenience to all parties and their attorneys.

Email filing is available for the convenience of all parties and their attorneys.

INFO

Electronic filing is available for all parties and their attorneys.

Electronic filing is available for the convenience of all parties and their attorneys.

INFO

Pro se parties may register with the e-file system but are not required to do so.

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

INFO

Applies to

Indictment or criminal complaint

Indictments and criminal complaints may be submitted electronically or at the Clerk’s Office.

4. Indictments and criminal complaints may be submitted either electronically or at the Clerk’s Office.

INFO

Applies to

Exhibit

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

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

INFO

Applies to

Judgment entry

A party may submit an entry to the Court by email using staff email addresses listed on the Court’s website.

A party submitting an entry to the Court may do so through email. The staff email addresses are found on the Court’s website: www.co.tuscarawas.oh.us/Courts/directory

INFO

Applies to

Document filed by facsimile

A fax-filed document is accepted as the effective original.

A document filed by facsimile shall be accepted as the effective original document.

INFO

The fax machine is available to receive document transmissions at all times, including holidays.

However, the fax machine will be available to receive facsimile transmission of documents 24 hours per day, seven days per week, including holidays.

INFO

Applies to

Source document

A source document filed by email is accepted as the effective original document.

A source document filed by email shall be accepted as the effective original document.