Requirements Regarding Electronic Filing

RULE 1.04 …..(C) Form Size: All papers filed with the Clerk shall be on 8 ½” x 11” paper, with the exception of exhibits. All filings shall have a top margin of at least one and one-half inches (1 ½”).

RULE 1.06 FILING BY ELECTRONIC TRANSMISSION:
  1. The Court will provide an electronic filing service to all court users for all documents in any category of cases unless otherwise restricted by the Judge. The electronically filed document will be part of the official court record. Paper records, if maintained, will be considered a copy of the official court record.
  2. The following definitions shall apply herein unless the context requires otherwise:
    1. “Electronic filing” means the transmission of a digitized source document electronically via the internet to the Clerk for the purpose of filing the document and refers to the means of transmission or to a document so transmitted.
    2. “Electronic mail” means messages sent by a user and received by another through an electronic service system utilizing the internet. Any communication sent to the Court by electronic mail is not considered a legal communication of any form and will not be received or ruled upon by a judge or entered into the court record.
    3. “Document” means any pleading, motion, exhibit, declaration, affidavit, memorandum, paper or photographic exhibit, order, notice, and any other filing by or to the Court, except trial exhibits that have not yet been admitted into evidence by the Court.
  3. All electronically filed pleadings must be signed by an attorney admitted to the practice in the State of Ohio or party not represented by such an attorney.
    1. Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the Court shall order the document struck.
    2. No attorney shall authorize anyone to electronically file on that attorney’s behalf, other than his/her employee or a service provider retained to assist in the electronic filing.
    3. The electronic filing of a document by an attorney, or by another under the authorization of said attorney, or by a party not represented by an attorney shall constitute a signature of that attorney or party under Ohio Civil Rule 11.
    4. No person shall utilize, or allow another person to utilize, the password of another in connection with electronic filing.
  4. The electronic filing service shall be available twenty-four hours per day, seven days a week. All electronic filing of documents must be completed during the regular court hours as set out in these rules. Any document received outside of those regular hours shall be deemed received for filing on the next business day.
  5. A document electronically filed shall be accepted as the original filing if the filer complies with all of the requirements set forth in this rule. The filer shall not be required to file the source document with the Clerk but must maintain the same in the filer’s records and have the same available for production upon request of the Court, the Clerk or other counsel. The filer shall maintain the source document until the subject case is closed and all appeals and opportunities for appeal have been exhausted.
  6. Upon the filing of a properly executed and signed User Agreement Form and Credit Card Authorization Form with the Clerk, the Clerk shall establish an electronic filer user account and assign a filer identification number and initial password to be used for electronically filed documents.
  7. The filer electronically filing a document shall also complete an online Document Description Form containing the following information:
    1. The title of the case;
    2. The case number;
    3. The title of the document being filed;
    4. The date of the transmission;
    5. The name, address, telephone number, fax number and email address of the person filing the document, and
    6. For an attorney, his or her Ohio Supreme Court registration number and firm name, if any.
  8. In the event of a document is electronically filed without or with an incomplete Document Description Form, the Clerk shall reject said document and the Clerk shall notify the filer via electronic mail of said rejection.
  9. A transaction number will be assigned to each document when it is received in its entirety by the receiving device of the Clerk. The transaction number and the date and time of filing will be displayed on the screen of the filer’s computer, with an image of the document filed, upon successful transmission of the document. Filers will be notified via electronic mail if the filing is rejected for any reason. A filing will be considered a new filing and will not relate back to the date and time of the original attempt to file the document. If a document is rejected due to technical errors and the filer wishes to have the corrective filing relate back as to date and time, the filer must file a motion with the Court seeking such relief.
  10. The Clerk shall retain rejected documents for a period of one (1) year from the date of transmission.
  11. Any attorney, party, or other person who elects to file any document electronically shall be responsible for any delay, disruption, interruption of the electronic signals, and readability of the document, and accepts the full risk that the document may not be properly filed with the Clerk as a result.
  12. Normal filing fees, deposits, and copy costs will be collected via filer credit card or deposit at the time the filing is processed by the Clerk. Any document filed electronically that requires a filing fee may be rejected by the Clerk unless the filer has complied with the mechanism established by the Court for the payment of filing fees or as set forth by statute.
  13. Documents submitted must be in a digitized format specified by the filing service.
  14. Documents filed with the Court shall be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49 unless an attorney or a party not represented by an attorney has filed an electronic mail address with the Court. Where an electronic mail address has been filed with the Court by affixing the same to any document or by the filing of a separate notice of electronic mail address, service on the attorney or party by electronic mail shall constitute service pursuant to Ohio Civil Rule 5 and Ohio Criminal Rule 49 but shall not entitle the attorney or party to the additional three days provided by Ohio Civil Rule 6(D). Documents served electronically shall contain proof of service setting forth the electronic mail address at which the attorney or party was served. The electronic filing system does not serve the other party with a copy of the filing.

In additional motions, affidavits, etc. cannot be combined on the same pleading with a judgment or journal entry.

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