Butler County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion
Motion to Seal
- Upon Filing
Suggestion of Complex Litigation
Page & Word Limits2 rules
Briefs shall be limited to 15 pages, except by leave of court.
- Brief
- Up to 15 pages
Exception
More pages with leave of court
No brief shall exceed 15 pages in length without leave of court.
- Brief
- Up to 15 pages
Exception
More pages with leave of court
Document Format Requirements6 rules
(B) In conformity with Civil Rules and Criminal Rules, all pleadings, motions, briefs, and other papers filed with the Clerk shall be legibly typewritten or printed on a single side of white bond paper of letter size, suitable for a flat filing system, securely bound and unfolded, and without backing or cover.
- Paper size
- Letter
- Binding
- Securely bound
- Pleadings
- Motions
- Briefs
- Other papers
Formatting
- •Legibly typewritten or printed
- •White bond paper
- •Suitable for a flat filing system
- •Unfolded
- •Without backing
- •Without cover
Documents generally must be filed in PDF, but proposed orders, entries, and other documents requiring a judge’s signature are excepted.
- File type
Court's wording
All documents submitted for filing, with the exception of proposed orders and entries (or other documents requiring a judge’s signature) shall be filed in Portable Document Format (PDF). Such documents may either be signed by hand and scanned-in or they may be signed electronically as set forth in this rule.
Proposed orders and entries (or other documents requiring a judge’s signature) shall reference the specific motion to which they apply, and shall be filed in Microsoft Word document format, and shall not contain any mail merge fields or macros embedded in the documents.
- File type
- Word
- Proposed order
Formatting
- •Reference the specific motion to which the document applies
- •Must not contain embedded mail merge fields or macros
A document bearing a nonparty third-party signature may be submitted electronically only as a hand-signed, scanned PDF.
- File type
- Third party affidavit
Formatting
- •Must be hand-signed and scanned in
Court's wording
A document containing the signature of a third party, who is not a party to the action (i.e., affidavit signed by a doctor, military affidavit signed by a staff member or company representative, etc.), shall be electronically submitted only as a hand-signed, scanned-in PDF document.
Submitters who have need to file attachments to proposed entries, and are unable to incorporate those attachments into a Word document, will have the ability to submit PDF attachments in a separate document within the same filing.
- File type
- Proposed order
Formatting
- •Attachments must be submitted in a separate document within the same filing
Proceedings must be recorded using one of the authorized methods, and audio electronic recording devices must be used for all court proceedings.
Court's wording
(1) The General Division of the Court of Common Pleas shall have proceedings recorded by stenographic means, phonographic means, photographic means, audio electronic recording devices, or video recording systems. The Administrative Judge may order the use of any method of recording authorized by this rule. Hearings covered by court reporters shall be in accordance with priorities established by the judges, as identified in the Butler County Court Reporters/Transcripts Policies and Procedure Manual. Audio electronic recording devices will be used for all court proceedings.
Document Filing Requirements81 rules
(A) Counsel requesting the sealing of a document or documents or case file shall file a motion and shall submit a proposed entry and provide a courtesy copy of the motion to the trial judge.
This document shall be entitled “Notice of Filing of Attachments to [Name of Entry]” and shall be filed concurrently with the motion and proposed order/entry.
Any proposed order/entry requiring attachments shall include language that incorporates the attachments into the order/entry by reference.
Any document submitted electronically with the Clerk that requires an attorney’s or a submitter’s signature (other than hand-signed documents scanned in PDF format) shall be signed with a conformed signature of “/s/ (name).”
- Document
- Electronic filing
- Placement
- Signature block
Must include
- •/s/ (name)
The submitting party or attorney shall then submit the document electronically, identifying all of the other signatories as follows: “/s/ Jane Doe, per written authorization, by John Smith,” etc.
The submitter shall indicate the agreement of all other counsel and/or parties at the appropriate place in the document, usually on the signature line.
- Document
- Document requiring multiple signatures
- Placement
- Signature block
(8) Transcripts for appellate purposes shall be prepared in accordance with Appellate Rules and the scheduling order issued by the Twelfth District Court of Appeals.
(10) The originals of all transcripts shall be filed with the Clerk of Courts and stored on a limited access server.
(2) File a motion to withdraw setting forth the reasons for withdrawal, attaching any necessary documentation and indicating the time and date of the hearing on the motion.
(9) With the exception of capital murder cases – absent a specific request -- transcripts shall not include video depositions previously transcribed by the videographer’s court reporter, scheduling conferences, or probable cause hearings.
A transcript must be ordered by submitting the court-approved Transcript Request form or a written request containing all required information, and no transcript will be prepared without such a request.
Court's wording
(5) A transcript is ordered by submitting a written request on the court-approved form entitled, “Transcript Request,” or a request that contains all the required information to the Manager, who will assign the Identified Agency, or an Assistant Reporter to prepare the transcript. No transcript will be prepared without the submission of such request.
Counsel seeking permission to withdraw must notify the client in writing of the hearing requirement and the possible sanctions for nonappearance.
Court's wording
(4) Counsel requesting permission to withdraw shall notify his or her client in writing that the client must be present at the hearing and that if the client fails to appear at the hearing, the Court may order appropriate sanctions, including a default judgment, an order of dismissal of the suit or such other order as may be just and proper under the circumstances.
An electronically filed complaint or third-party complaint must be accompanied by service instructions, after which the Clerk issues a summons and serves the pleading accordingly.
Court's wording
(E) Filing of Initial Pleadings. Consistent with the Ohio Rules of Civil Procedure, when any complaint or third-party complaint is submitted for electronic filing, the filing party shall also file instructions for service and the Clerk shall issue a summons and serve the complaint or third-party complaint according to such instructions.
A refiled case's complaint caption must state that it is a refiling and include the prior case number and assigned judge.
- Document
- Complaint
- Placement
- Caption
Court's wording
In order to facilitate such transfer, a refiled case shall state in the caption of the complaint that it is a refiling of a prior case and include both the prior case number and assigned judge. (See Appendix C.)
If either of the following circumstances is present, a complaint shall be accompanied by a filed Docket Statement, Appendix C, and shall be further subject to the provisions of this rule:
(B) Information set forth in the initial Notice of Appearance which is subsequently changed, such as attorney or address, shall be reported immediately by the filing of a new Notice of Appearance.
Every counsel or self-represented party must file an Appendix D Notice of Appearance containing the applicable identity, contact, representation, and appearance-limitation information.
Court's wording
(A) Counsel, or individuals representing themselves, in all cases shall file a Notice of Appearance form, Appendix D, which shall contain the following (to the extent applicable): (1) attorney's name, or self-represented party’s name, and signature; (2) Supreme Court registration number; (3) address; (4) telephone number; (5) fax number; (6) e-mail address; (7) party or parties attorney represents; and, (8) limitations on appearance, if any.
(C) In cases where a party is represented by more than one attorney, a separate Notice of Appearance form shall be submitted for each attorney of record.
After the last date of publication, the requesting party shall file with the Clerk of Courts an affidavit showing the fact of publication, together with a copy of the notice of publication and proof that publication costs were paid.
The publication affidavit must state why summons cannot be served personally, describe all efforts to locate the party, and assert that the residence cannot be found with reasonable diligence.
Court's wording
The affidavit shall aver that service of summons cannot be made because the residence of the party to be served is unknown to the affiant, all of the efforts made on behalf of the party to ascertain the residence of the party to be served, and that the residence of the party to be served cannot be ascertained with reasonable diligence.
Therefore, the caption of a motion, judgment or order shall specifically state the parties affected and the requested action.
- Document
- Motion judgment or order
- Placement
- Caption
Every filing must include a properly signed certificate of service stating the service date and method and the name and applicable service contact information for each recipient.
- Document
- All filings
- Placement
- Certificate section
Must include
- •Certificate of service
Court's wording
(A) The certificate of service on all filings shall state the date and manner of service designating whether it was sent by certified mail, ordinary mail, facsimile transmission, e-mail or by hand delivery. In addition, the certificate shall state the name, business address, and fax number or e- mail address (if used) for service of each attorney or party to whom the filing is directed and shall be signed in accordance with Civil Rules.
All motions for default judgment and all proposed orders granting default judgment shall include the date of service of summons upon each party against whom judgment is being sought or granted.
Except in tax foreclosure cases, all judgment entries for distribution shall be accompanied by a written statement, signed by the Treasurer of Butler County, Ohio, or the Treasurer’s designate, of the Treasurer’s estimate of taxes due, as described in Section H of this rule.
Except in tax foreclosure cases, a distribution judgment entry must be accompanied by a file-stamped affidavit signed by the attorney of record or moving party’s financial officer that separately lists principal, interest, and property-protection advances.
Court's wording
Except in tax foreclosure cases, all judgment entries for distribution shall be accompanied by a file stamped affidavit, signed by the attorney of record or a financial officer of the moving party, which affidavit lists the following information on individual lines: (a) Outstanding principal balance as set forth in the foreclosure documents; (b) Interest due and owing; and (c) Itemization of any amounts advanced for protection of the property, such as taxes, insurance, property inspection, etc.
A distribution judgment entry must state the sale price, applicable costs, specified taxes and assessments, foreclosure judgment, lienholder awards, and any distribution to a former owner using the quoted statutory language, subject to stated tax-foreclosure exceptions.
Court's wording
All judgment entries for distribution shall contain the following: (a) Amount for which the property sold; (b) Amount of court costs, including the fees, appraisal and advertisement costs taxed as the result of any sale by a private selling officer, if applicable; (c) The total of the following amounts: (i) Taxes and assessments, the lien for which attaches before the date of sale, but that are not yet determined, assessed, and levied for the year that includes the date of sale, apportioned pro rata to the part of that year that precedes the date of sale, and any penalties and interest on those taxes and assessments; and (ii) All other taxes, assessments, penalties, and interest, the lien for which attached for a prior tax year, but that have not been paid on or before the date of sale; Page 46 ===== PAGE 52 ===== (d) Amount of judgment the decree of foreclosure awarded to the moving party (not required in tax foreclosure cases); (e) Amounts awarded to other lienholders in order of priority (not required in tax foreclosure cases); and (f) If there is money to be awarded to the former property owner(s)/judgment debtor(s), the judgment entry setting forth distribution of funds received shall state: “Payable to [name of former property owner(s)/judgment debtor(s)] in the amount of $________, pursuant to R.C. 2329.44.” (not required in tax foreclosure cases).
Every legal description of real estate subject to judicial sale shall include the parcel number and indicate that the Butler County Engineer has approved the legal description as being sufficient for conveyance purposes.
Prior to submitting any order or judgment that orders the judicial sale of real estate, a party who filed a preliminary judicial report shall also file a final judicial report.
In every action demanding a judicial sale of real estate, the party requesting the sale shall, not later than 14 days after the filing the complaint (or other pleading requesting the sale), file either a preliminary judicial report or a commitment for an owner’s fee policy of title insurance.
In tax-foreclosure cases, signature lines are unnecessary; instead, the Prosecuting Attorney must certify delivery of the proposed judgment entry and state that objections must be filed in writing within 14 days to prevent approval and filing.
Court's wording
Signature lines shall not be required in tax foreclosure cases. Instead, the Prosecuting Attorney shall certify that a copy of the proposed judgment entry has been submitted by U.S. Mail, facsimile transmission or electronic mail to each counsel of record and each party who filed an answer to the complaint, with a statement that the Court may approve and file the judgment entry unless the counsel or party files written objections to the proposed judgment entry within 14 days of the submission of the proposed judgment entry to counsel and parties.
A party requesting judicial sale of real estate shall include an engineer- approved description in every complaint, preliminary judicial report or title commitment, and judgment entry, including confirmation of sale and distribution orders.
All entries shall contain a signature line for each counsel of record and each party who filed an answer to the complaint.
Senior lienholders must file affidavits of account when a junior lienholder seeks default or summary judgment, unless a foreclosure decree has already been awarded to the senior lienholder.
Court's wording
Where a junior lienholder seeks default or summary judgment on its claim, all lienholders who claim an interest senior to that of the party seeking judgment shall file an affidavit of account attesting to the outstanding balance due and owing. This requirement shall not apply if the Court has previously awarded a decree of foreclosure to the lienholder claiming the senior interest.
Affidavit as to the remaining balance due on the mortgage (not required in tax foreclosure cases);
Date and method of service upon every defendant in grid format;
Military affidavit or certification as to each party who signed the mortgage note, or in the case of tax foreclosure cases, as to the owner of the property as reflected in the real property records of Butler County, Ohio;
Where the foreclosure is based upon the default of a mortgage note that is no longer held by the original mortgagee, all assignments of mortgage, including the assignment to the current mortgagee.
Notation in the caption that the decree is a “Final Appealable Order”;
- Document
- Proposed decree of foreclosure
- Placement
- Caption
Include
- •Final Appealable Order
Priority of liens language (not required in tax foreclosure cases).
Expungement and record-sealing motions must be filed with a fully completed, court-approved expungement packet.
Court's wording
All motions for expungement, and/or for sealing of records of conviction and of not guilty findings, dismissals or no bills shall be filed with the Clerk of Courts on a fully-completed, court-approved expungement packet.
Appointed counsel shall submit a Motion, Entry and Certification for Appointed Counsel Fees, as prescribed by the Ohio Public Defender's Office, within 30 days from the date of the final hearing.
All pretrial motions shall be determined 7 days prior to trial, and an entry recording the disposition of that motion shall be prepared and submitted by the prevailing party.
Motions for judicial release and other post-conviction motions shall be submitted on a separate fee application, which shall be submitted within 30 days of the date of the entry of the judge's decision.
When any person is arrested in this jurisdiction pursuant to the ORC Chapter 2963, the arresting agency shall file with the Clerk of this Court a petition for hearing on extradition.
INSTRUCTIONS: In order for the Court to properly consider your motion, you must answer each question below and provide the information requested. No motion will be considered until it is fully completed. If necessary, attach additional pages.
Pursuant to Loc.R. 5.02 if, you believe that this matter should be designated as complex litigation, you must file a Suggestion of Complex Litigation and deliver a courtesy copy of the Suggestion to the assigned judge.
This Docket Statement must be filed if either of the following circumstances apply: ( ) Refiling of Case No. _________________ before Judge __________________
Please note, pursuant to Loc.R. 5.02, you are to list the prior case number in the caption of the new complaint and make sure to notify the Clerk of Courts of said designation.
- Document
- New complaint
- Placement
- Caption
Include
- •Case number
(Attach a copy of the results)
Did you submit a Records Request through the Ohio Bureau of Motor Vehicles?__________________
2. State why you do not have a title.
3. State the efforts that were taken to notify those who may have an interest in the vehicle.
Submit copy of receipt, Bill of Sale, Check, or Other Proof of Transaction
4. How much was the purchase price of the vehicle? ______________________
1. How did you obtain the vehicle? (If you purchased the vehicle, include date of transaction, person you bought it from, and how much you paid.)
By signing this certification, I represent that I am a licensed attorney in good standing with state requirements governing the legal profession. I am requesting to be considered for court appointments on misdemeanor cases.
The Applicant hereby certifies all requirements for sealing the record of conviction are met.
The Applicant hereby certifies all requirements for sealing the records are met.
The Applicant hereby certifies all requirements for expunging the records are met.
Please describe the evidence and provide copies of any document showing you are entitled to have the records expunged (you may attach additional pages if necessary).
Review and sign each of the appropriate Certification of Compliance with State Standards for Appointment of Counsel forms for which you are applying:
- Document
- Application for approval as indigent criminal defense counsel
Include
- •Local rule certificate
you are to list the prior case number in the caption of the new complaint
- Document
- New complaint
Include
- •Caption
Filing & Service rules
Electronic Filing Rules
Once a motion to seal is granted, the documents must be provided to the clerk with a copy of the sealing order and are exempt from electronic filing.
(B) If the motion is granted by the trial judge, the filing of the documents will be exempt from e-Filing. The party filing under seal shall provide the Clerk of Courts the document(s) to be filed, along with a copy of the entry permitting the document(s) to be filed under seal and the Clerk shall then do all of the following:
Page 12 | 2.05 FILING UNDER SEAL
After e-filing is implemented for a case type, all documents must be submitted through the e-Filing Portal, and the Clerk generally may not accept paper filings.
(2) Once e-Filing is implemented for a particular case type, all pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders and other documents submitted in a mandatory e-File case type shall be submitted electronically through the e-Filing Portal. Subject to applicable exceptions, the Clerk shall not accept for filing or file any document in paper form in mandatory e-Filing case types.
Page 19 | 3.08 Electronic Transmission Filing (E-Filing) (A) Implementation
E-filing is required in designated case types, and attorneys and self-represented parties must consult the Clerk's website before initiating a case to determine whether it applies.
(1) The Court’s goal is to make e-Filing available and required in all cases and case types, with limited exceptions. However, to assure a smooth transition between e-Filing and paper filing, e-Filing will be available and required in some case types prior to others. The Clerk shall maintain on the Clerk’s website a list of all case types that are required to be e-Filed. Counsel and persons representing themselves pro se shall consult the Clerk’s website before initiating a case to determine whether e-Filing is required. If required, all documents to be filed are subject to the requirements, exceptions and limitations set forth in these rules.
Page 19 | 3.08 Electronic Transmission Filing (E-Filing) (A) Implementation
Every person filing in a designated mandatory e-file case type must register as an e-Filing Portal user.
(1) All persons filing documents in the case types designated as mandatory e-File cases shall be registered as users in the e-Filing Portal.
Page 19 | 3.08 Electronic Transmission Filing (E-Filing) (B) Users/Registration
Licensed attorneys are expected to use the e-Filing Portal; documents submitted in person, by mail, or by fax are returned unfiled and are not considered filed until electronically submitted.
(a) All licensed attorneys are expected to use the e-Filing Portal. Any documents received in person, by mail, or fax from a licensed attorney will be returned to the attorney, unfiled, with instructions on how to register as a user of the E-Filing Portal and how to submit documents electronically. No such Page 14 ===== PAGE 20 ===== documents shall be considered filed until they are submitted through the e-Filing Portal.
Page 19 | 3.08 Electronic Transmission Filing (E-Filing) (B) Users/Registration
Fax submissions are discarded and not filed in cases using mandatory e-filing, without notice to the submitting party.
(3) Fax filings will not be accepted for cases for which e-Filing has been implemented. Any documents for such cases submitted by fax will be discarded and not filed, without notice to the submitting party.
Page 19 | 3.08 Electronic Transmission Filing (E-Filing) (A) Implementation
For mailed filings from an unregistered pro se party, the Clerk registers the party and, after required deposits and fees are paid, scans and electronically files the documents in the party's name.
(ii) If the Clerk receives documents via US mail to be filed from a pro se party, who is not a registered user, the Clerk’s office will register the party as a user in the e-Filing Portal. Pro se parties providing an email address with their filings shall be registered to receive subsequent electronic notification. a. Provided all required deposits and filing fees have been paid, the Clerk will scan the pro se party’s documents and e-File them, listing the pro se party as the filer.
Page 20 | 3.08 Electronic Transmission Filing (E-Filing) (B) Users/Registration
An unregistered pro se filer appearing in person must register through a Clerk's Office computer station, may receive registration assistance, and must thereafter submit documents through the portal.
(i) Pro se parties filing in person who are not already registered users shall be directed to a computer station in the Clerk of Courts’ office to allow them to register as a user of the e-Filing Portal. The Clerk’s office will provide assistance to the filer during the registration process, if needed, but the Clerk shall not be designated as the filer of any of the documents. Once the filer becomes a registered user, his/her documents shall be submitted through the e-Filing Portal.
Page 20 | 3.08 Electronic Transmission Filing (E-Filing) (B) Users/Registration
After the Clerk's initial registration and filing assistance, all subsequent pro se filings must be submitted through the e-Filing Portal or they will be returned unfiled.
c. All subsequent filings not submitted through the e-Filing Portal will be returned to the pro se party, unfiled, and no such documents shall be considered filed until they are submitted through the e-Filing Portal.
Page 20 | 3.08 Electronic Transmission Filing (E-Filing) (B) Users/Registration
A requester must file the DRC Electronic Petition for a Certificate of Qualification for Employment with the Clerk of Courts, and the form must include the DRC Electronic Petition Number.
In order to request a CQE, the DRC Electronic Petition for Certificate of Qualification for Employment shall be filed with the Clerk of Courts by the Petitioner, as instructed by the DRC. The form shall contain the DRC Electronic Petition Number.
Page 37 | 5.20 CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
All proposed judicial-sale entries requiring a judge's signature must be submitted through the e-Filing portal.
All entries requiring a judge's signature, including but not limited to decrees of foreclosure and orders confirming sale and distribution, must be submitted to the trial judge through the e-Filing portal.
Page 49 | (D) Requirements for All Judgment Entries Relating to the Judicial Sale of Real Estate
For deposition transcripts intended for motion proceedings or trial, the Clerk may accept an original paper copy instead of an electronic filing.
(B) Transcripts of Depositions. To the extent that a party to any case seeks to file an original, paper or “hard copy” transcript of a deposition for use in motion proceedings or at trial, rather than e-File an electronic copy of the transcript, the Clerk of Courts may accept the original in lieu of e- Filing.
Page 18 | 3.05 TRANSCRIPTS
An attorney or pro se party may seek excused relief from mandatory e-filing by filing a motion stating the reasons for noncompliance, although leave is expected to be rare and granted only in exceptional circumstances.
(2) At the Court’s discretion, any attorney or pro se party may be excused from mandatory e-Filing. Leave to file other than through the e-Filing Portal may be granted only by the filing of a motion with the judge assigned to the case, specifically stating the reasons the attorney/party cannot comply with e-Filing procedures. The Court’s expectation, however, is that leave will be granted rarely, and except under exceptional circumstances.
Page 20 | 3.08 Electronic Transmission Filing (E-Filing) (B) Users/Registration
Electronic documents may be submitted to the Clerk at any time, including weekends.
Documents may be submitted to the Clerk for e-Filing 24 hours per day, 7 days per week.
Page 17 | (D) Availability of e-Filing — Acceptance of Documents — (2)
The court permits search-warrant applications to be accepted and issued electronically during non-business hours and other appropriate times.
Pursuant to authority granted by, and in conjunction with, Crim. R. 41, the Court has adopted processes and procedures via which applications for search warrants may be accepted and issued electronically, during non-business hours and at other times deemed necessary and appropriate.
Page 60 | 6.09 ELECTRONIC SEARCH WARRANTS (A)
The court's direct electronic filing of warrants and returns satisfies the Criminal Rules filing requirements, and officers need not personally file documents the court has filed electronically.
The Court’s direct filing of warrants and returns via the electronic warrant system shall constitute compliance with the Rules of Criminal Procedure relative to the filing of warrants and returns. Law enforcement officers are not required to personally file warrants and returns electronically filed by the Court.
Page 60 | 6.09 ELECTRONIC SEARCH WARRANTS (B)
Filing Timing and Cure Windows
“Filed” means the acceptance of a document into the record of a case.
“Filed” means the acceptance of a document into the record of a case.
Page 17 | (D) Availability of e-Filing — Acceptance of Documents — (1)(b) Definitions
A filer must correct deficiencies within two business days to preserve the original submission date; otherwise, filing occurs when all deficiencies are corrected.
(c) Upon receipt of a notice of deficiencies, the submitting party shall cure or correct any deficiencies within 2 business days in order to preserve the date of original submission as the filing date. If deficiencies are not timely corrected, the document will be deemed filed upon the date all deficiencies are ultimately corrected.
Page 23 | (5)(c) Deficiencies in Submissions
A rejected document is considered filed upon submission if its deficiencies are corrected in a timely manner, consistent with Section D(4).
(i) A rejected document will be considered filed upon submission, consistent with Section D(4) of this rule, provided any deficiencies are corrected in a timely manner.
Page 23 | (5)(b)(i) Deficiencies in Submissions
Subject to the deficiency-correction rule, an electronic document is filed upon submission regardless of the Portal's stamp date.
(4) Effective Date of Filing. Subject to 5(c), below, documents shall be considered filed upon submission, regardless of the date ultimately stamped on the document by the e-Filing Portal.
Page 23 | (4) Effective Date of Filing
The sale-requesting party or its counsel must submit a proposed order confirming the sale within 14 calendar days after the specified sale-related return or report, with possible contempt sanctions for late submission.
Within 14 calendar days after the Sheriff’s return of an order of sale or writ of execution, or a private selling officer’s report on order of sale, the party requesting the sale, or its counsel, shall submit to the Court a proposed Order confirming the sale. Failure to timely submit the proposed confirmation entry may result in a citation for contempt.
Page 46 | Confirmation of Sale
For a private selling officer’s sale, the confirmation entry must require conveyance to the purchaser by deed within 7 calendar days after filing.
When property is sold by a private selling officer, the confirmation entry shall order the private selling officer convey the property to the purchaser by deed within 7 calendar days after filing the confirmation entry.
Page 46 | Confirmation of Sale — Preparation of Deed
A purchaser may waive all or part of the 30-day period by signing the confirmation entry, but an entry not approved by the purchaser cannot be filed until the unwaived period expires.
A purchaser may waive all or any part of the 30 day period by signing the confirmation entry, but no confirmation entry not approved by the purchaser shall be filed until said period has expired.
Page 46 | Confirmation of Sale
Within 30 days after return of sale, the Court must approve the proposed sale-confirmation order or identify changes required before filing approval.
Within 30 days after the return of sale, the Court shall either approve the order confirming the sale or notify the party submitting the proposed order of changes required before the proposed Order may be approved for filing.
Page 46 | Confirmation of Sale
For a Sheriff’s sale, the confirmation entry must require the sale-requesting party or counsel to prepare and deliver a deed to the Sheriff within 7 calendar days after filing.
When property is sold at Sheriff’s sale, the confirmation entry shall order that the party requesting the sale, or its counsel, shall prepare, and deliver to the Sheriff, within 7 calendar days after filing of the confirmation entry, a deed conveying title to the purchaser.
Page 46 | Confirmation of Sale — Preparation of Deed
Any revised sale-confirmation order must be returned to the Court within 7 calendar days.
Revised orders, including any required changes, shall be returned to the Court within 7 calendar days.
Page 46 | Confirmation of Sale
Pretrial motions must be decided seven days before trial, and the prevailing party must prepare and submit an entry recording the disposition.
All pretrial motions shall be determined 7 days prior to trial, and an entry recording the disposition of that motion shall be prepared and submitted by the prevailing party.
Page 59 | 6.05 PRETRIAL MOTIONS (C)
The appointed-counsel fee application is due within 30 days after the final hearing.
Appointed counsel shall submit a Motion, Entry and Certification for Appointed Counsel Fees, as prescribed by the Ohio Public Defender's Office, within 30 days from the date of the final hearing.
Page 59 | Procedure for Submission of Fee Applications of Appointed Conflict and Appellate Counsel
Criminal pretrial motions must meet Ohio Criminal Rules filing deadlines unless the assigned judge grants leave after notice to the adverse party.
All pretrial motions in criminal cases shall be filed in accordance with the time limits prescribed in the Ohio Rules of Criminal Procedure, unless leave to file such a motion is granted by the judge assigned to hear the case after notice to the adverse party.
Page 59 | 6.05 PRETRIAL MOTIONS
The separate post-conviction fee application is due within 30 days after entry of the judge's decision.
Motions for judicial release and other post-conviction motions shall be submitted on a separate fee application, which shall be submitted within 30 days of the date of the entry of the judge's decision.
Page 59 | Procedure for Submission of Fee Applications of Appointed Conflict and Appellate Counsel
The Court may deny a corrective-order motion from a party that acts in bad faith, manipulates e-filing for unfair advantage, or attempts to circumvent deadlines.
(ii) The Court may deny a motion requesting a corrective order to any party who acts in bad faith or otherwise manipulates the e-Filing system to gain unfair advantage or circumvent legal deadlines.
Page 23 | (5)(d)(ii) Corrective Orders
The Court may issue corrective orders on a party's motion or its own initiative to cure deficiencies and modify its records.
(i) Upon motion of a party, or upon its own initiative, the Court shall have discretion to issue orders necessary to correct and cure any deficiencies and to make modifications to its records consistent with this rule.
Page 23 | (5)(d)(i) Corrective Orders
For filings not covered by paragraph 5(a), the Clerk must notify the submitting party of deficiencies.
(b) As to filings other than those set forth in (a), above, the Clerk shall notify the submitting party of any deficiencies.
Page 23 | (5)(b) Deficiencies in Submissions
The Clerk must file specified initiating and appellate documents despite deficiencies and must notify the submitting party and assigned judge of those deficiencies.
(a) Pleadings (and other documents commencing a cause of action), Administrative Appeals, Objections to Magistrate’s Decisions, Motions to Set Aside Magistrate’s Orders, and Notices of Appeal shall be filed by the Clerk notwithstanding any deficiencies. The Clerk shall send notice of the deficiencies to the submitting party and the assigned judge.
Page 23 | (5)(a) Deficiencies in Submissions
Upon satisfactory proof and good cause, the Court may permit a technically failed submission to be filed nunc pro tunc, but the submitter remains responsible for proper receipt, docketing, and service.
(F) Effect of Technical Error. If a submission is not received by the Clerk due to an error caused by the hardware or software of either the Clerk or the submitting party, upon satisfactory proof and for good cause shown, the Court may enter an order permitting the document to be filed nunc pro tunc to the date the submitter intended the document to be filed. Ultimately, it shall be the submitting party’s responsibility to ensure all documents are properly received, docketed, and served.
Page 24 | (F) Effect of Technical Error
Parties may not classify a case as complex when filing, but they may submit a notice early enough for the Court to consider designation within 60 days after the case is filed.
(1) Parties shall not classify cases as “complex litigation” upon filing but may file a notice with the Court if they believe their case should be deemed as such. (2) Any notice of complex litigation must be timely filed to allow sufficient time for consideration so that the Court may designate the case as complex litigation within 60 days of the initial filing of the case.
Page 33 | 5.02(B) Complex Litigation
The Court may, in its discretion, grant an ex parte extension of 30 additional days to file an answer or reply.
Leave of court may be granted ex parte for an additional 30 days for filing of an answer or reply within the discretion of the Court.
Page 34 | 5.07 Leave to File
The Court must decide whether to grant or deny the Petition within 60 days after receiving all requested information, unless the Petitioner obtains an extension.
Once all information requested has been received, the Court shall decide whether to grant or deny the Petition within 60 days, unless Petitioner requests, and is granted, an extension of time.
Page 43 | 5.20
The Court may designate a case as complex litigation within 60 days after its initial filing.
(3) The Court may, on its own, designate a case as complex litigation within 60 days of the initial filing of the case.
Page 33 | 5.02(B) Complex Litigation
Service and Proof of Service Rules
A motion requesting permission for counsel to withdraw must be served on all counsel of record and the withdrawing counsel's client.
(3) The motion must be served on all counsel of record and the party represented by the counsel requesting permission to withdraw.
Page 19 | 3.07
Electronic filing does not eliminate the duty to serve opposing counsel or parties under the civil rules or the requirement to provide courtesy copies to the trial judge.
(1) By and Between Parties. The availability and utilization of electronic filing shall not serve to eliminate any requirements to serve opposing counsel or parties with filings pursuant to the Rules of Civil Procedure, nor shall it eliminate the requirement to provide courtesy copies to the trial judge as provided elsewhere in these rules.
Page 24 | (G)(1) Service of e-Filed Documents and Orders
For an electronically filed complaint or third-party complaint, the Clerk issues a summons and serves the pleading according to the filing party's instructions.
Consistent with the Ohio Rules of Civil Procedure, when any complaint or third-party complaint is submitted for electronic filing, the filing party shall also file instructions for service and the Clerk shall issue a summons and serve the complaint or third-party complaint according to such instructions.
Page 24 | (E) Filing of Initial Pleadings
The Clerk's email notice that an order was filed constitutes service when a Notice of Appearance has been filed as required by Local Rule 5.03.
(2) By the Court. The Court may utilize notifications sent by electronic mail from the Clerk of Courts to inform counsel and parties that orders have been filed in their case. Said notice shall constitute service of any document required to be served by the Clerk of Courts upon parties and/or attorneys. Receipt of notification is dependent upon the filing of a Notice of Appearance as required in Loc. R. 5.03.
Page 24 | (G)(2) Service of e-Filed Documents and Orders
Documents that must be served on third parties not registered in the e-Filing Portal must continue to be served under the Rules of Civil Procedure despite electronic notifications.
or which are to be served upon third-parties not registered in the e-Filing Portal, shall continue to be served in accordance with the Rules of Civil Procedure regardless of the utilization of an electronic notification.
Page 24 | (G)(2)(b) Service of e-Filed Documents and Orders
Orders and notices whose terms require mailing or personal service on a party must continue to be served that way despite electronic notification.
Orders and notices which by their terms are required to be mailed or personally served upon a party
Page 24 | (G)(2)(b) Service of e-Filed Documents and Orders
A party seeking service by publication must file the required affidavit and legal notice, obtain a time-stamped copy, transmit it to a newspaper, ensure publication, and pay the publisher directly.
If service is to be perfected by publication pursuant to the Ohio Rules of Civil Procedure, the requesting party shall file with the Clerk of Courts an affidavit together with a legal notice. The affidavit shall aver that service of summons cannot be made because the residence of the party to be served is unknown to the affiant, all of the efforts made on behalf of the party to ascertain the residence of the party to be served, and that the residence of the party to be served cannot be ascertained with reasonable diligence. The Clerk of Courts’ compliance with the Ohio Rules of Civil Procedure is satisfied by the Clerk filing the legal notice to be published. The requesting party shall then deliver a time-stamped copy to, and be solely responsible for transmitting the notice to, a newspaper of general circulation for publication. It shall be the responsibility of the requesting party to insure that the publication is accomplished, including the selection of the means of publication and administration of the publication. The requesting party shall be responsible for all publication costs directly with the publisher.
Page 34 | 5.06 Service by Publication
Use of facsimile or electronic filing does not eliminate the requirement to serve opposing counsel or parties under the Rules of Civil Procedure.
(B) The availability and utilization of facsimile filing or electronic filing shall not serve to eliminate any requirements to serve opposing counsel or parties with filing pursuant to the Rules of Civil Procedure.
Page 34 | 5.04(B) Certificate of Service
Record owners must receive mailed notice of sale whether or not they defaulted, unless summons was served on them solely by publication.
The record owner(s) of the real estate shall be noticed by mail in all cases whether or not in default for failure to appear, except when said owners were originally served with summons solely by publication.
Page 50 | (F) Notice of Sale
At least 14 days before a scheduled sale, the requesting party or counsel must file a certificate identifying the service date, method, and names and addresses of all noticed parties; failure may result in denial of sale confirmation.
Not less than 14 days prior to the scheduled sale date, the party requesting the sale, or its counsel, shall file with the Clerk of Courts a certificate of service of notice of sale date, specifying the date and manner of service and the names and addresses of all interested parties who received notice. Failure to timely file the certificate of service required by this rule shall constitute grounds for denial of the confirmation of sale.
Page 50 | (F) Notice of Sale — Certificate of Service
For an online sale conducted by a private selling officer, the certificate of service must be filed at least 14 days before online bids begin.
For sales conducted on-line by private selling officers, the certificate of service shall be filed not less than 14 days prior to the first date on-line bids will be accepted.
Page 50 | (F) Notice of Sale — Certificate of Service
The sale-requesting party or counsel must promptly mail notice of the sale’s time, date, and location to record owners, nondefaulting interested parties, and their counsel at their last known addresses.
The party requesting the sale, or its counsel, shall promptly mail notice of the time, date and location of the sale to the record owner(s) of the subject real estate and to all other interested parties not in default for failure to appear, or their counsel of record, at their respective last known addresses.
Page 50 | (F) Notice of Sale
Copies of every motion must be served on the adverse party under the Ohio Criminal Rules.
Copies of all motions shall be served upon the adverse party in accordance with the Ohio Rules of Criminal Procedure.
Page 59 | 6.05 PRETRIAL MOTIONS (B)
Service on a responsible party over age 16 must be reported as residential service, while service directly on the individual to be served must be reported as personal service.
If a pleading is left with a responsible party who is more than 16 years of age, then return is as “residential service” and if the pleading is left with the individual to be served, then the return is as “personal service.”
Page 69 | Appendix A (Local Rule 3.04)
Service must be made by certified mail.
Please serve by certified mail.
Civil cases
Page 1 | Petition for Court-Ordered Title and Praecipe for Service
The clerk must send summons and a copy of the petition to individuals identified as titled owners or lienholders on the Title Division Affidavit.
Please send summons with a copy of the Petition to any individual identified as, “Titled in the name of,” and/or “Lienholder” listed on the Clerk of Court’s “Title Division Affidavit.”
Civil cases
Page 1 | Petition for Court-Ordered Title and Praecipe for Service
Counsel and self-represented parties must monitor the case docket because electronic notifications may inadvertently not be sent or received.
(c) Counsel or self-represented parties are responsible for keeping current with filings upon the case docket in the event an electronic notification is inadvertently not sent or received.
Page 24 | (G)(2)(c) Service of e-Filed Documents and Orders
Pretrial and trial briefs and requests for special instructions submitted to the trial judge must be exchanged with all counsel of record.
Pretrial or trial briefs, and requests for special instructions, which are submitted to the trial judge shall be exchanged with all counsel of record.
Page 25 | 4.05 BRIEFS
Service under Local Rule 3.08 depends on an accurate, current Notice of Appearance, and noncompliance may prevent receipt of court filing notifications.
(D) Service of documents under Loc. R. 3.08 is dependent upon an accurate and up-to-date Notice of Appearance. Failure of an attorney or a self-represented individual to comply with this rule may result in the failure to receive notifications of filings by the Court.
Page 33 | 5.03(D) Notice of Appearance
Other parties who failed to answer need not receive notice of sale except through publication as provided by the ORC.
No other parties to the proceeding in default of answer need be served with notice of sale except by publication as otherwise provided in the ORC.
Page 50 | (F) Notice of Sale
For the sample petition, the clerk is instructed to send summons with a copy to individuals identified as titled persons or lienholders on the Title Division Affidavit and to serve them by certified mail.
Please send summons with a copy of the Petition to any individual identified as, “Titled in the name of,” and/or “Lienholder” listed on the Clerk of Court’s “Title Division Affidavit.” Please serve by certified mail.
Page 80 | Appendix E (Local Rule 5.21) — (Sample) Petition
The Court serves a copy of the record-sealing application on the Office of the Prosecutor.
A copy of this application was served by this Court on the Office of the Prosecutor
Page 92 | APPENDIX H (LOCAL RULE 6.07) — SERVICE
When a pleading is left with a responsible party over 16, record residential service; when left with the individual to be served, record personal service.
If a pleading is left with a responsible party who is more than 16 years of age, then return is as “residential service” and if the pleading is left with the individual to be served, then the return is as “personal service.”
Civil cases
Page 1 | APPENDIX A (LOCAL RULE 3.04)
The Court serves a copy of the application on the Office of the Prosecutor.
A copy of this application was served by this Court on the Office of the Prosecutor
Page 1 | Service
The Court serves a copy of the application on the Office of the Prosecutor.
A copy of this application was served by this Court on the Office of the Prosecutor for_________________________________, this ______ day of ___________________, 20___.
Page 6 | SERVICE
Electronic return receipts may be used for certified mail service, and electronic proof of service for certified or express mail sent by the Court satisfies the applicable service requirements, but the use of electronic return receipts is optional.
The Clerk of Courts is authorized to use electronic return receipts from the United States Postal Service for certified mail service. Electronic proof of service for certified or express mail sent by the Court shall be deemed in compliance with the service requirements of the Civil Rules. The use of electronic return receipts is not mandatory.
Page 16 | 3.03 ELECTRONIC RETURN RECEIPT OF CERTIFIED U.S. MAIL
The Court may mail selected orders to counsel or parties, but recipients should not rely on mailing because other orders may not be mailed.
(a) The Court, at its discretion, may elect to mail certain orders to counsel/parties. The decision to mail any particular order does not mean all other orders will be mailed, and the possibility of mailing should not be relied upon.
Page 24 | (G)(2)(a) Service of e-Filed Documents and Orders
Filing Fees and Waivers
A special projects fee, in addition to all other court costs, must be collected when filing each criminal cause or civil action in the General Division of Common Pleas Court.
The special projects fee, in addition to all other court costs, shall be collected on the filing of each criminal cause or civil action in the General Division of Common Pleas Court.
Page 15 | 3.01 SPECIAL PROJECTS FEES
An electronically filed document requiring a fee, including a jury demand, may be rejected unless the fee is paid through the e-Filing Portal when filed.
(3) Any document filed electronically that requires a filing fee, including those for a requested jury demand, may be rejected by the Clerk unless the filing fees are paid through the e-Filing Portal at the time of filing.
Page 23 | Electronic Filing Fees
A counterclaimant or cross-claimant must post security for costs within 10 days after docketing when the transferred claim exceeds another jurisdiction's monetary jurisdiction, and failure may result in dismissal.
When a case is transferred to the Common Pleas Court in which the demand of the counterclaim or the cross-claim exceeds the monetary jurisdiction of any other jurisdiction, the counterclaimant or cross-claimant shall, within 10 days of docketing the case, post security for costs in a sum equal to the amount required, as if the action were originally filed in this Court. Failure to comply may result in case dismissal.
Page 27 | 5.01 COSTS (C)
A civil action or proceeding may not be accepted for filing until the required amount is deposited as security for costs; the amount may be obtained in person, online, or by telephone.
No civil action or proceeding shall be accepted for filing by the Clerk unless there is deposited as security for costs, the amount required, which can be obtained in person, by website, or via telephone.
Page 27 | 5.01 COSTS (A)
Before a CQE petition is accepted for filing, the petitioner must pay all appropriate court costs, with two-thirds allocated to the General Division Special Projects fund and one-third to the general fund for the Clerk of Courts Legal Division.
Before the Petition will be accepted for filing, the Petitioner must pay all appropriate court costs. Of the appropriate court costs, 2/3 shall be paid into and applied to the General Division Special Projects fund and 1/3 shall be paid into the general fund on behalf of the Clerk of Courts Legal Division.
Page 37 | 5.20 CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
A petition for a court-ordered title must be accompanied by the required filing fee.
(4) Once Petitioner has completed steps (B)(1) through (3) above, Petitioner may then make an appointment with the Clerk of Courts’ Director of Title Division to review the necessary paperwork for filing a petition. The petition must be accompanied by: (a) The required filing fee;
Page 44 | 5.21(B)(4)(a)
A sale may not be confirmed and a dismissal may not be entered until the Clerk receives full payment of all listed sale-related costs and fees.
No sale shall be confirmed, nor any dismissal entered, until full payment of all costs is received by the Clerk of Courts, including appraisal fees, publication costs and the costs (including exam fees and premiums) of both the preliminary judicial report and the final judicial report.
Page 46 | Confirmation of Sale
A writ of possession may not issue until all sale proceeds and fees have been paid.
No writ of possession shall issue until all sale proceeds and fees have been paid.
Page 47 | Writ of Possession
A $30 dispute-resolution fee is charged when each civil or criminal action or proceeding is filed in the General Division.
Pursuant to R.C. §2303.201(E)(1), a fee of $30, in addition to the fees and costs authorized under R.C. §2303.20, will be charged and collected by the Clerk of Courts on the filing of each civil or criminal action or proceeding filed in the General Division.
Page 48 | 5.23 DISPUTE RESOLUTION FEES
A party may request to proceed in forma pauperis by stating that poverty prevents payment of the proceeding's fees and costs and that the party is entitled to relief.
In support of my request to proceed without being required to prepay fees and costs, I state that because of my poverty, I am unable to pay the costs of said proceeding and I believe I am entitled to relief.
Page 72 | Appendix B (Local Rule 5.01)
The court grants the movant permission to proceed in forma pauperis after considering the affidavit and supporting documentation.
ORDERED that the movant may proceed In Forma Pauperis in these proceedings.
Page 77 | ORDER APPROVING MOTION TO PROCEED IN FORMA PAUPERIS
The Clerk may scan and electronically file a pro se party's mailed documents only after all required deposits and filing fees have been paid.
a. Provided all required deposits and filing fees have been paid, the Clerk will scan the pro se party’s documents and e-File them, listing the pro se party as the filer.
Page 20 | 3.08 Electronic Transmission Filing (E-Filing) (B) Users/Registration
The Clerk will produce paper service copies of initial pleadings and assess the fee stated in the Clerk's fee schedule as costs.
The Clerk shall produce paper copies of these initial pleadings and charge a fee, as stated in the Clerk’s fee schedule, for production of service copies, which shall be assessed as costs.
Page 24 | (E) Filing of Initial Pleadings
A person claiming indigency must file an in forma pauperis application with a supporting affidavit and obtain court approval.
In the event of claimed indigency, the indigent person shall file an application to proceed in forma pauperis, accompanied by a supporting affidavit. The application to proceed in forma pauperis is subject to court approval. See Appendix B for forms.
Page 27 | 5.01 COSTS (A)
Deposition stenography and transcription expenses generally may not be charged as costs, except when required for viewing at trial, and all other deposition expenses remain the requesting party's responsibility.
Expenses incurred by counsel for the stenography and transcription of depositions cannot be charged as costs, except as required for viewing at trial. Other expenses incurred, such as viewing, hearing, or transcription of depositions shall be borne by the requesting party and shall not be taxed as costs.
Page 27 | 5.01 COSTS (B)
For a case requiring extraordinary ADR expenditures, the Administrative Judge may order a plaintiff, counter-claimant, cross-claimant, or third-party plaintiff to deposit up to $1,000 per party for collection by the Clerk.
At any time after a lawsuit is filed, the Common Pleas Court General Division Administrative Judge, in the exercise of the Administrative Judge’s discretion, may order a Plaintiff, Counter- Claimant, Cross Claimant and/or Third-Party Plaintiff to deposit money, up to $1000 per party, in addition to the usual filing fees, for any case that may require extraordinary expenditures to implement the Alternative Dispute Resolution processes. The additional fees shall be paid to, and collected by, the Clerk.
Page 48 | 5.23 DISPUTE RESOLUTION FEES
No sealing fee is required after a not-guilty finding, dismissal of proceedings, or a grand-jury no bill.
The Applicant is not depositing a fee with this application, as R.C. 2953.52 does not require a fee to seal records after a not guilty finding, dismissal of proceedings, or a no bill by a grand jury.
Page 93 | Application to Seal Records of Nonconviction Pursuant to R.C. 2953.52
No filing fee is required for sealing nonconviction records after a not-guilty finding, dismissal of proceedings, or a no bill by a grand jury.
The Applicant is not depositing a fee with this application, as R.C. 2953.52 does not require a fee to seal records after a not guilty finding, dismissal of proceedings, or a no bill by a grand jury.
Page 2 | Application to Seal Records of Nonconviction Pursuant to R.C. 2953.52
Courtesy Copy Requirements
Electronic filing does not eliminate the requirement to provide courtesy copies to the trial judge.
nor shall it eliminate the requirement to provide courtesy copies to the trial judge as provided elsewhere in these rules.
Page 24 | (G)(1) Service of e-Filed Documents and Orders
One courtesy copy of a motion to consolidate must be delivered to each judge.
A courtesy copy of the motion shall be delivered to each judge.
Page 36 | 5.11 CONSOLIDATED CASES
Counsel must provide one courtesy copy of a motion to seal to the trial judge upon filing.
(A) Counsel requesting the sealing of a document or documents or case file shall file a motion and shall submit a proposed entry and provide a courtesy copy of the motion to the trial judge.
Page 11 | 2.05 FILING UNDER SEAL
The filing party must deliver one courtesy copy of the motion to the assigned judge.
The filing party shall also deliver a courtesy copy to the assigned judge.
Page 59 | 6.05 PRETRIAL MOTIONS (B)
One courtesy copy of the Suggestion of Complex Litigation must be delivered to the assigned judge.
deliver a courtesy copy of the Suggestion to the assigned judge.
Page 78 | APPENDIX C (LOCAL RULE 5.02) — DOCKET STATEMENT
One courtesy copy of the Suggestion of Complex Litigation must be delivered to the assigned judge.
deliver a courtesy copy of the Suggestion to the assigned judge
Civil cases
Page 1 | APPENDIX C (LOCAL RULE 5.02) — DOCKET STATEMENT — Complex Litigation
Sealing & Redaction Procedures
The filing party and counsel must remove personal and private information from all filed documents, including attached exhibits and addenda.
(B) It is the responsibility of the filing party and counsel to remove personal and private information from a document filed with the Clerk of Court’s office. The responsibility of the filing party and counsel to remove personal and private information extends to, and includes, exhibits and addenda attached to filings, such as preliminary and final judicial reports, which itemize state tax liens that use social security numbers as case number; medical records; and personal information, such as may be found under R.C. 2907, “Sex Offenses.”
Page 11 | 2.04 PROTECTION OF PERSONAL AND PRIVATE INFORMATION IN RECORDS OF COURT
A person temporarily permitted to view sealed materials may not disclose their contents to others.
The person granted temporary access to the document or documents or case filed shall not divulge the contents to others.
Page 12 | 2.05 FILING UNDER SEAL
A sealed document or case file may not be viewed without a further court order.
(5) and, shall not permit any viewing of the document or documents or case file without further order of the Court.
Page 12 | 2.05 FILING UNDER SEAL
A document or case file placed under seal must be removed from public view on the clerk’s website.
(4) cause the document or documents or case file to be removed from view on the Clerk of Courts website;
Page 12 | 2.05 FILING UNDER SEAL
A sealed document may be viewed by the trial judge, an appellate judge reviewing the appeal, or another person only after obtaining judicial approval through a motion and proposed entry.
(C) A sealed document or documents or case file may only be viewed: (1) by the trial judge who ordered the sealing of the document or documents or case file; (2) by an appellate judge who is reviewing the case on appeal; or, (3) by filing a motion and proposed entry with the judge who sealed the document or documents or case file. If the judge grants the motion, the signed entry must be filed in the Clerk of Courts office. The Clerk will then break the seal and make the document or documents or case file available for viewing, and restore the view of the document or documents or case file to the website.
Page 12 | 2.05 FILING UNDER SEAL
The clerk must attach a copy of the sealing order to the outside of the sealed envelope.
(2) attach a copy of the entry sealing the document or documents or case file to the outside of the envelope;
Page 12 | 2.05 FILING UNDER SEAL
The clerk must place documents authorized for sealing in white envelopes taped shut and covered with an embossed seal.
(1) seal the document or documents or case file in a white envelope (or envelopes), with tape, covered by an embossed seal;
Page 12 | 2.05 FILING UNDER SEAL
When immediate resealing is ordered after viewing, the clerk may provide temporary access but must not restore website visibility.
(D) When a motion and entry are filed to allow a party to view a sealed document or documents or case file, and the same entry orders the Clerk of Courts to reseal the document or documents or case file immediately after viewing, the Clerk shall follow the same procedure as (C)(3) above, except that the Clerk shall not make the document or documents or case file available for view on the website.
Page 12 | 2.05 FILING UNDER SEAL
The Clerk and Deputy Clerks are not responsible for removing personal and private information from publicly filed documents.
(C) The Clerk of Courts and Deputy Clerks have no responsibility for the removal of any personal and private information filed in a public document in the Butler County Clerk of Courts office.
Page 11 | 2.04 PROTECTION OF PERSONAL AND PRIVATE INFORMATION IN RECORDS OF COURT
Personal information in earlier filings and records transmitted from another court is public, but an affected person may petition for its removal and redaction.
(D) Any personal and private information contained in documents filed prior to the implementation of this rule is considered public. Any personal and private information in records or transcripts transmitted to this Court from another court is considered public. A party or an attorney in a case, or any other person whose personal and private information is contained in the public record of this Court may petition the Court for the removal of personal and private information and, if the request is granted, the personal and private information will be redacted.
Page 11 | 2.04 PROTECTION OF PERSONAL AND PRIVATE INFORMATION IN RECORDS OF COURT
Filing Bundling Requirements
A motion to consolidate cases on common issues of law or fact must be filed in every case proposed for consolidation.
Motions to consolidate pursuant to common issues of law or fact, shall be filed in each of the cases the movant wishes to consolidate.
Page 36 | 5.11 CONSOLIDATED CASES
Adjournment & Extension Requirements
Continuances may be granted only when good cause is shown.
4.02 CONTINUANCES No continuances shall be granted except for good cause shown.
Page 23 | 4.02 CONTINUANCES
A judge may grant an extension of time for good cause shown after notice to all parties.
Extensions of time may be granted by entry of the judge to whom the case is assigned, for good cause shown, after notice to all parties.
Page 35 | 5.09 ADMINISTRATIVE APPEALS TO COURT OF COMMON PLEAS
A party is entitled to a continuance when circumstances prevent timely disposition of a pretrial motion, subject to the court's stated discretionary exceptions.
Should circumstances prevent or preclude a determination of a timely-filed pretrial motion within this time limit, the party seeking relief by a motion shall be entitled to a continuance unless, in the discretion of the Court, such a continuance would greatly prejudice the adverse party or be a denial of substantial justice to the adverse party, or in the interests of justice.
Page 59 | 6.05 PRETRIAL MOTIONS (C)
Chambers Communication Rules
Counsel seeking to withdraw must first obtain a hearing date from the assigned judge's office.
(1) Obtain a hearing date from the assigned judge's office.
Page 18 | 3.07 PROCEDURE FOR WITHDRAWAL OR SUBSTITUTION OF COUNSEL
Counsel must immediately notify the assigned judge's judicial staff about a refiled case so it can be transferred to the original judge.
Counsel shall immediately contact the judicial staff of the judge assigned to the refiled case to notify the judge about the refiled case so that the case can be transferred to the original judge.
Page 27 | 5.02 INITIAL FILINGS – DESIGNATION OF SPECIAL CIRCUMSTANCES (A)(2)
The Clerk of Courts must be notified of the refiling designation.
make sure to notify the Clerk of Courts of said designation
Civil cases
Page 1 | APPENDIX C (LOCAL RULE 5.02) — DOCKET STATEMENT — Refiling of Case
The Clerk of Courts must be notified of the prior-case designation when a case is refiled.
make sure to notify the Clerk of Courts of said designation.
Page 78 | APPENDIX C (LOCAL RULE 5.02) — DOCKET STATEMENT
Additionally, in order to avoid any delay in the setting of your case for a report, notify the judge of the original case of the refiling so that a timely transfer of the case may occur if necessary.
Additionally, in order to avoid any delay in the setting of your case for a report, notify the judge of the original case of the refiling so that a timely transfer of the case may occur if necessary.
Page 78 | APPENDIX C (LOCAL RULE 5.02) — DOCKET STATEMENT