Willoughby Municipal Court, Ohio Electronic Filing Rules

CRITICAL

A document transmitted without authority must be stricken upon motion if the lack of authority is established.

If it is established that the documents were transmitted without authority, upon motion, the court shall order the document stricken.

CRITICAL

No person may use or permit another person to use someone else’s password for electronic filing.

No person shall utilize, or allow another person to utilize, the password of another in connection with electronic filing.

CRITICAL

The Court accepts fax, mail, and in-person filings presented at court by an attorney.

The Court shall accept fax filings, filings by mail or filings personally presented at court by an attorney.

CRITICAL

Applies to

Electronically produced ticket

The court permits use and filing of tickets produced electronically.

The use and filing of a ticket that is produced by a computer or other electronic means is hereby authorized in the Willoughby Municipal Court.

CRITICAL

Applies to

Large attachments or exhibits

Attachments or exhibits over 30 megabytes must be submitted in hard copy rather than electronically and served on all other parties.

Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.

CRITICAL

An electronic filer need not submit a hard copy to the Clerk but must retain the source document for production upon request through final disposition and the applicable appeal period.

The person filing electronically need not file a hard copy with the Clerk of Court but must maintain in his or her records, and have available for production upon request by the Court, the Clerk of Court or other counsel, the source document of any document electronically filed. The filer must maintain this source document until the final disposition of the case and through any Notice of Appeal, or, if appealed, appeal period.

CRITICAL

Applies to

Document requiring non attorney signature

If an original document requires a non-attorney's signature, the filing party or Clerk's Office must scan the original and electronically file it.

If an original document requires a signature of a non-attorney, the filing party or the Clerk's Office shall scan the original document and, then electronically file it on the System.

CRITICAL

Applies to

Motion to seal

A party seeking to file an unredacted document under seal must electronically file a motion to seal.

a. The party seeking to file a non-redacted document shall electronically file a motion to file the document under seal.

CRITICAL

A fax filing is the effective original and need not be followed by filing its source document, but the filer must retain the source document with required original signatures and the source facsimile cover sheet, make them available to the Court on request, and keep the source document until the case is closed and post-judgment relief opportunities are exhausted.

A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document (original record) with the Clerk of Court but must, however, maintain in his/her records and have available for production on request by the Court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

CRITICAL

Applies to

Fax filing

Fax filings must be transmitted through the facsimile equipment operated by the Clerk, not sent directly to the Court.

Fax filings may NOT be sent directly to the Court for filing but may only be transmitted directly through the facsimile equipment operated by the Clerk of Court.

CRITICAL

A filer unable to e-file because of a problem on the filer’s end must file a hard copy with the Clerk.

3. A filer who cannot file a document electronically due to problems on the filer's end, must file a hard copy of the document with the Clerk of Court.

CRITICAL

Applies to

Attachments and exhibits

Attachments and exhibits are to be filed electronically.

Attachments and exhibits are to be filed electronically.

CRITICAL

An attorney may authorize only an employee or a retained electronic-filing service provider to file electronically on the attorney’s behalf.

No attorney shall authorize any person to electronically file on that attorney's behalf, other than his or her employee or a service provider retained to assist in electronic filing.

CRITICAL

Third-party electronic-filing providers are not acceptable unless the exception in local rule (B)(3) applies.

NOTE: Third party electronic filing providers are not acceptable except as otherwise provided in (B)(3) of this local rule.

CRITICAL

Applies to

Jury instructions

Jury instructions must be presented to the Court by email at wmcclerk@willoughbycourt.com.

Instructions must be presented to the Court by e-mail (wmcclerk@willoughbycourt.com).

CRITICAL

The filing party must confirm that the Court received the fax and that it appears on the docket.

It shall be the responsibility of the filing party to confirm that a fax was received by the Court and that it is reflected on the Court’s docket.

WARNING

After an electronically submitted document becomes part of the docket, only the Clerk of Court’s Office makes docket corrections.

1. Once a document is electronically submitted and becomes part of the case docket, corrections to the docket are made only by the Clerk of Court's Office.

WARNING

The electronic filing of a document by an attorney, or by another under the authorization of the attorney, or by a party not represented by an attorney shall constitute a signature of that attorney or party under Ohio Civil Rule

The electronic filing of a document by an attorney, or by another under the authorization of the attorney, or by a party not represented by an attorney shall constitute a signature of that attorney or party under Ohio Civil Rule

WARNING

A filing party cannot change a document or docket entry after the transaction is accepted.

2. The System does not permit a filing party to make changes to the document(s) or docket entry once the transaction has been accepted.

WARNING

An electronically file-stamped document cannot be altered after acceptance into the system.

After a document is electronically file stamped, the document cannot be altered once it has been accepted into the system.

WARNING

After receiving a properly completed and signed User Agreement Form, the Clerk must establish an electronic-filer account and assign a user ID and initial password.

Upon receipt of a properly executed and signed User Agreement Form, the Clerk of Court shall set up an electronic filer user account and assign a user-id and initial password to be used for electronically filing documents.

WARNING

The Clerk must receive electronic documents 24/7, except during a network outage at the Willoughby Municipal Court.

The Clerk of Court shall receive electronic documents 24 hours per day, seven days per week, regardless of whether or not the Clerk's Office is actually open except in the event of a network outage at the Willoughby Municipal Court.

WARNING

Anyone who elects to file electronically bears the risk of electronic delays, disruptions, signal interruptions, readability issues, and improper filing.

Any attorney, party or other person who elects to file any document electronically shall be responsible for any delay, disruption, interruption of electronic signals and readability of the document and, accepts the full risk that the document may not be properly filed with the Clerk of Court as a result.

WARNING

3. If a document has been filed in error, the filing party should not attempt to re-file the document.

3. If a document has been filed in error, the filing party should not attempt to re-file the document.

WARNING

The Clerk may deny e-filing use to a party, firm, or agency for habitual nonconformance or uncorrected equipment incompatibility.

1. The Clerk of Court reserves the right to deny any party, firm, or agency the use of eFiling due to habitual nonconformance of these rules and/or equipment incompatibility issues that are not corrected.

INFO

Applies to

Complaint pleading or other document

Complaints, pleadings, and other documents may be filed electronically with the Clerk of Court via the Internet, subject to this rule.

In conformity with Ohio Revised Code, Civ.R. 5(E) and Crim R. 12(B) and, as approved (provisionally) by the Ohio Supreme Court on Technology and the Courts, complaints, pleadings and other documents may be filed with the Clerk of Court electronically via the Internet, subject to the provisions in this rule.

INFO

After the Clerk successfully processes a filing, the e-filer may check its accepted, rejected, or pending status through the e-file portal.

Upon successful processing of the filing by the Clerk of Court, the e-filer can check the status of their filing as either accepted, rejected or pending from the e-file portal.

INFO

An electronically filed document is accepted as the original filing if the filer complies with the Local Rule.

A document electronically filed shall be accepted as the original filing, consistent with Civ. R. 5(E) and Crim. R. 12(B) if the person filing electronically complies with all of the requirements set forth in this Local Rule.