Erie County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Hand Delivery
Document Format Requirements3 rules
C. Stipulations and waivers shall be voiced on the tape itself or be made in writing and filed with the tape.
All papers filed with the Clerk of Courts shall be of a suitable material, neatly and legibly printed, written in ink or typewritten,
Documents consisting of more than a single sheet shall be fastened together in a secure and permanent manner.
Document Filing Requirements50 rules
Pleadings must include the listed case-identifying and scheduling information in the caption, including a first-time party's residence address and the assigned judge's name once assigned.
- Document
- Pleading
- Placement
- Caption
Court's wording
The caption of such papers shall contain the following: A) Docket Number B) Style of the cause C) Character of.the contents (e.g., COMPLAINT, ANSWER, MOTION FOR SUMMARY JUDGMENT, MOTION TO DISMISS, etc.) P) Residence address of a party whose name appears in a pleading for the first time, E) Any hearing date and/or trial date that has been assigned, regardless of the nature of the pleading. F) The name of the judge handling the cause, after assigned.
A complaint in a civil case must be filed with a case designation form and a pre-recorded videotape trial statement.
Court's wording
The following shall be filed with the complaint in all civil cases: A) A case designation form. (Appendix 1 - copies will be available in the Clerk's office until further notice.) Counsel will complete the top portion of the_ form where applicable._ B) A pre-recorded videotape trial statement (Appendix 2).
The following shall be filed with the answer in all civil cases: A) A pre-recorded videotape trial statement (Appendix 2).
In no case after pleadings are amended shall the original pleading be withdrawn from the files or any part be obliterated unless leave be given ·by written order of the.Court to substitute the Blllended for the original pleading;
nor shall the amendment be made by interlineation except by written order of the Court.
A pleading filed after its deadline or an extension must be submitted with a request for leave to file it instanter.
Court's wording
When a pleading is not filed within the rule day provided by Ohio Rules of Civil Procedure or within any further extension of time granted by the Court, leave to file such pleading shall not be granted unless the pleading is submitted with a request for leave to file the pleading instanter.
A memorandum citing the authorities re~ied upon must be filed with all civil motions, including motions for summary judgment raising questions-of law or· fact for determination.
No orders, judgments or decrees affecting the title to suoh real estate shall be made and entered in the case ~til such _indicia of ·title shall have been filed with the Clerk,
In actions affecting real estate title, the plaintiff must file specified title information with the Clerk when filing the petition.
Court's wording
In any action wherein the title to real estate will be affected, such as actions for the marshalling and foreclosure of liens, actions to quiet title, actions for the partition of real estate, actions based upon·use restrictions, etc., the plaintiff shall file with the Clerk at the time of.filing the petition an abstract, policy of title -insurance, guaranteed statement of title, or other adequate statement of title showing the record condition of the title to the premises concerned in the action and/or such other matters apparent from the county records as may be necessary or convenient for the intelligent and accurate determination of the issues _in the action.
After a deed transferring ownership is recorded or an order quieting title is entered, the preparer must extend the title indicia to include it.
Court's wording
If the action shall result in a change of ownership of the real estate concerned, or if the title to said real estate or part thereof shall be quieted, the abstractor or attorney who prepared such indicia of title shall, after the recording of the deed conveying such real estate, or after the entry of the order quieting title, extend such indicia of title to include such deed or order quieting title.
and shall be extended to a date not more than thirty ( 30) days next preceding the commencement of the action.
Such indicia of title shall be prepared by a competent abstractor or attorney-at-law,
Before an order of sale issues, a current abstract or statement of title must be filed with the Clerk and accompany the order sent to the Sheriff.
Court's wording
No order of sale shall be issued by the Clerk to the Sheriff unless there is filed with the Clerk an abstract, statement of title, et cetera, as set forth in Paragraph 1 of.this Rule, extended ·to within ten (10) days of the issuance of the order of sale. Such abstract, statement of title, et cetera, will accompany the order of sale when it is issued to the Sheriff.
All restraining orders, temporary injunctions .and permanent injunctions must be submitted by counsel in judgment entry form. No orders will be issued by endorsement on the complaint or other pleadings.
Attorneys who are members o:f a :firm or partnership representing parties shall, in addition to listing the firm or partnership name on all pleadings, list their own name separately, as trial counsel, together with address and phone number.
In any action be:fore this Court in which an attorney has entered an appearance, and, thereafter desires to withdraw, the· attorney shall request the Court's approval o:f such withdrawal by motion.
Counsel shall :further secure a judgment entry containing the.Court's order thiit their.name be.withdrawn as counsel therein, and that :further activity in said action be continued for thirty days in order to give the applicable parties an opportunity to obtain new counsel.
A ,·judgment entry -shaJ:l, accompany ·the application' for default.
If within the time limits herein prescribed counsel are unable to agree upon a satisfactory entry, such faot shall be made known to the Court immediately, and each counsel shall submit to the· Court a proposed entry. · The Court may sche.dule a hearing thereon or prepare its' own entry forthwith.
Upon the approval of the entry within the time limits hereinbefore prescribed, counsel for the prevailing party will cause ··such approved entry to be delivered to thEr Court. Said entry shall forthwith be entered in the Clerk's Journal upon the approval· and signature of the Court.
*****Complete Instructions for execution required; exact location, serial number, detailed description and copy of title for motor vehicle or watercraft needed. WRITIEN instructions for sheriff MUST also be provided.
The Court will summon out of state witnesses in compliance with R.C. §§2939.25-2939.29 only upon written application by counsel, to the Court, stating the materiality and necessity of the witness.
All exhibits intended to be used dUTing trial shall be labeled prior to trial . . Failure to do so will result in their inadmissibility. Plaintiff's exhibits shall. be numbered and defendant's exhibits shall be lettered.
A brief statement bf the issues involved and a memorandum shall accompany the motion.
All motions to suppress shall bear the signature of the defendant:
For a requested psychological or psychiatric examination in a criminal case, counsel must file a written request with the Adult Probation Department stating the examination’s specific purpose.
Court's wording
in. 'criminal cases where a psychological and/or psychiatric examination or evaluation is requested by the defendant or the State, counsel· will prepare a written request stating specifically the purposes of the examination, i.e., A) ' . Competency to sta.~d trial, Section 2945.37 . B) Insanity at the time of act, Section 2945.4o C) Drug dependence, Section.a 2951. 041 arid 2951. 04 D) Mitigating Circumstances, Section 2947.06 and file same with the Adult Probation Department for referral to the appropriate agency ..
A proponent filing videotape testimony must also file written, numbered objections for decision and a brief statement of the basis for each.
Court's wording
1. When a proponent o:f ·testimony files a videotape. with the Clerk, he shall also :file in writing the numbered objections upon which he wishes a ruling "by the Court; together with a brief statement of _the basis for such objections.
F. A statement shall be.attached to the cover of the videotape when filed, indicating the name of the case, docket number, name of wi tpess and length of testimony.
In the event that-all three members·do .not agree on the finding and·award, the dissenting member shcl.11. submit 'a 'wri tteri dissenting opinion to be .fil~il \'ii th. the majori VJ report.
In civil cases, each party must sign and file the specified videotape-trial statement with the complaint or answer.
Court's wording
In all civil cases filed, . in the Erie County Com,mo;n Ple.as· Court each party shall sign and file with it~ Coinp:Laint or Answer the :following statement: "I (we) have been advised by my (our) attorney·. that the trial of this case will be advanced out of regular order if I (we) request that all of the testimony .be pre-recorded on videotape pursuant to Civ. R. 40. _ _ _I (we) request that the trial be advanced.. - - -I (we) do not want the trial to be advanced.
The plaintiff’s attorney must promptly prepare a judgment entry complying with Rule 9.01 and confirming the sale.
Court's wording
whereupon the attorney for the plaintiff 11 •• , • ·sha11· forthwith prepare 'a judgment entry in· compliance with Rule 9.01, infra, confirming sale 1 • • • 11
Motions to suppress shall be accompanied by a·statement of facts and brief. 11
- Document
- Motion to suppress
Must include
- •Statement of facts
No orders, judgments or decrees affecting the title to suc]:l real estate shall .be made and entered in the case until such _indicia of title shall have been filed with the Clerk,
In actions affecting real-estate title, the plaintiff must file adequate, properly prepared indicia of title with the petition, current to no more than 30 days before commencement.
Court's wording
In any action wherein the title to real estate will be affected, such as actions for the marshalling and foreclosure of liens, actions to quiet title, actions for the partition of real estate, actions based upon·use restrictions, etc., the plaintiff shall file with the Clerk at the time of.filing the petition an abstract, policy of title -insurance, guaranteed statement of title, or other adequate statement of title showing the record condition of the title to the premises concerned in the action and/or such other matters apparent from the county records as may be necessary or convenient for the intelligent and accurate determination of the issues _in the action. Such indicia of title shall be pre- pared by a competent abstractor or attorney-at-law, and shall be extended to a date not more than thirty ( 30) days next preceding the commencement of the action.
An application for assigned counsel fees must be fully completed and include the appointment date, disposition and offense details, itemized expenses, and hours worked with the stated in-court and out-of-court rates.
Court's wording
7) Application for assigned counsel fees shall be :fully completed and contain the following: 1) date of.appointment; 2) disposition including,,na.Ine q;f. of:f_ense, tyJJe and degree of of±:ense·and the sections of the Ohio Revised Code that have.been violated; 3) detailed itemization of expenses; '. 4) number. of hours worked:. in Court @ $30 hour· out of Court@ $20 hour
When a proponent o:f ·testimony files a videotape. with the Clerk, he shall also :file in writing the numbered objections upon which he wishes a ruling "by the Court; together with a brief statement of _the basis for such objections.
Assigned defense counsel seeking payment must submit a motion to approve counsel fees and a completed affidavit of indigency on State Public Defender forms.
Court's wording
All assigned defense c~unsel seeking payment under·the authorized fee schedule shall.submit .a motion to, approve the payment of . counsel fees and. an a(fidavit of indigency completed by the client or their defense co·unsel on forms prescribed by the State Public Defender. All forms must be completely filled out
Eligible assigned counsel must be appointed by the judge, with the appointment entered by signed journal entry on the court docket.
Court's wording
All counsel eligible for payment under the authorized fee schedule shall be appointed by the Judge of the General Division of the Erie Courity Common Pleas Court and said appointment shall be entered by signed journal entry recorded on the Court docket.
All expenses claimed under this section must be itemized.
The attorney's certificate shall include an itemized statement of all travel expenses including mileage,. air fare lodging, ·meals, and other miscellaneous items.
Reimbursement submissions must include receipts for expenses over $5, except parking and taxicab fares, which require receipts over $1.
Court's wording
All expenses· submitted for reimbursement which exceed $5.00 (except parking and taxicab fare) shall be accompanied by a receipt. Parking and taxicab fare expenses exceeding $1.00 shall be accompanied by a receipt.
Expenses exceeding $5.00 must be accompanied by a receipt or by affidavit of assigned counsel.
A reply filed after the ten (10) day period will be permitted to contain only a general denial.
If the plaintiff shall fail to comply with the foregoing requirement, any party may cause such · indicia of title to· be prepared and filed with the Clerk.
If it is necessary to take an accounting or determine the amount of damages, a hearing date should be obtained from the Assignment Commissioner and noted on entry . of default
If the plaintiff shall fail to comply with the foregoing requirement, any party may cause such indicia of title to be prepared and filed with the Clerk.
If the plaintiff or another party fails to supply the indicia of title within 30 days after court notice, the action may be dismissed without prejudice.
Court's wording
if. the plaintiff and/or other party (ies) shall fail to supply such indicia of title within thirty (30) days after having been notified by the Court to do so , the cause may be dismissed as for want of prosecution, but without prejudice to a future action based upon the same subject matter.
C. Stipulations and waivers shall be voiced on the tape i tsel:f or be made in writing a..".ld :filed with the tape.
Counsel must have the Notary mark objection points on the videotape using a connected date-time generator, number objections consecutively, and attach the record to the certification filed with the Clerk.
Court's wording
At the time o:f recording it will be the responsibility of counsel to instruct the Notary Public before whom the testimony is taken to note by the use. o:f a date-time generator device connected with the tape the point on the videotape where objections are made. Tl:ie Notary will then· number the objections consecutively and attach this record to the certification when :filed with the Clerk.
A statement shall be.attached to the cover o:f the videotape when filed, indicating the name of the case, docket number, name of wi tpess and length o:f testimony.
Filing & Service rules
Filing Timing and Cure Windows
The Clerk must not accept a civil complaint unless it meets the requirements of Rules 1.01 and 1.02.
The Clerk is instructed not to ac"cept a civil complaint unless the requirements of Rules 1.01 and 1.02, supra, are met.
Page 7 | Rule 1 - Pleadings and other papers
In a case assigned for trial where a party is in default for an answer or reply, affirmative defenses or new matter may be included only if filed within ten days after assignment.
In all cases assigned for trial wherein a party is in defau1t·for an answer or reply, no affirmative defenses or new matter may be inserted in the answer or reply unless the sBllle is filed within ten (10) days from the date of the assignment.
Page 9 | Cases Assigned for Trial
If an answer filed within the ten-day period contains new matter or affirmative defenses, a reply asserting further new matter or affirmative defenses must be filed within ten days after the answer is filed.
If an answer. is filed within the ten (10) day period containing new ·matter·· or a:Cfirmative defenses, ·a reply ·setting forth further new. matters or affirmative defenses mt1.st be filed within ten {10) days of the filing of the answer.
Page 9 | Cases Assigned for Trial
An objection to assignment to the videotape docket must specifically enumerate its grounds in writing and be filed within ten days after assignment.
If counsel objects after·a case has been assigned to the videotape docket, such objections are to be specifically enumerated in writing and filed within .10 days after the assignment.
Page 10 | Rule 3 - Assignment of Cases to be Prerecorded; Objections to
The application must be filed at least ten days before trial or the summons will not be issued.
Such application shall be filed at _least ten (10) days prior to trial, or the summons will not be issued.
Page 32 | 15.04 Out of State Witnesses
Represented defendants who had counsel at bind over must file pretrial motions within three days after arraignment; all other defendants must file within ten days.
All pre-trial· inotions shall be filed within three (3) days after arraignment for those defendants who are represented by counsel at the time of bind over to the grand jury. All other defendants shall file such motions within ten (10) days after arraignment.
Page 39 | 17.04 Motions
The Court will not entertain a diversion application made after the defendant has filed a motion to suppress or initiated discovery proceedings.
D) No application for diversion will be entertained by the Court if made after the defendant has filed a motion to suppress or initiated any discovery pr_oceedings:.
Page 40 | 17.06 Applications for Diversion
A mental examination request must be made within three days after arraignment for defendants represented by counsel at bind over, and within ten days for all other defendants.
A request for a mental examination for any of the above reasons shall be.made within·three (3).days after arraignment for those defendants who are represented by counsel at the time of bind over to the grand jury. All other defendants shall make such request within ten (10) days after arraignment.
Page 40 | 17.07 Mental Examinations
Filing a motion to suppress or initiating discovery after applying for diversion automatically revokes the diversion application.
C) Filing of a motion to suppress or initiating discovery proceedings subseq1.,1ent ..to )flaking application for di version, Will re.Sult in the automatic( revocation df such application for diversion.
Page 40 | 17.06 Applications for Diversion
Defendants represented by counsel at bind over must apply for diversion within three days after arraignment; all other defendants must apply within ten days.
B) Applications for those defenda.~ts who are repre- sented.by counsel at the time of bind over to the grand jury shall be made within three ( 3) days after arraigruiient ... All other defendants sha::1.1 make application within ten (10) days after arraignment.
Page 40 | 17.06 Applications for Diversion
An application to prerecord any or all testimony in a criminal trial must be filed within twenty days after arraignment.
.An application requesting the prerecording of any or all of the testimony in a criminal trial, must be filed .withi,n twenty days after arraignment
Page 46 | 17.11.1 Requests for Videotape
A copy of the videotape testimony must be made and filed with the Clerk of Courts as soon as possible after the testimony is recorded.
A copy of the videotape testimony shall be ma4e _ and filed with the Clerk of Courts as soon a_s possible a:fter the testimony is originally recorded.
Page 47 | 17.11.1 Filing, Copies, and Release of Videotapes
Original videotapes and audiotapes must be filed with the Clerk of Courts upon completion of each witness’s prerecording.
Upon the completion of the prerecording of each witnesses' testimony the original videotapes and.audiotapes shall be filed with the Clerk of Courts.
Page 47 | 17.11.1 Filing, Copies, and Release of Videotapes
In cases assigned for trial under the cited rules, plaintiff and defendant testimony must be filed by their separately assigned dates; missing the date may result in dismissal for plaintiff or default judgment or a limitation on defendant's testimony.
D. When cases are assigned for trial pursuant to Civ. R. 40 and Sup. R. 12 _(B), separate dates will be assigned for the filing of plaintiff's and defendant's testimony. Failure of plaintiff to file said testimony on or before.said date will cause the case to be dismissed for wa.~t of prosecution; failure of defendant to file his testimony on·or before said date will result _in a default judgment or the limiting of defendant to the testimony so filed.
Page 49 | Rule 18 - Videotape, 18.01 Use of Videotape
Videotape deposition or trial testimony is subject to a 72-hour-before-trial filing restriction; the Court may expressly permit an exception before the deposition or testimony is taken, and noncompliant testimony will not be edited or presented to the jury.
H. osition or.trial testimdn shall. be filed· less than seventy-two hours prior to the date of trial, unless e_xpress permission is granted by the Court prior to the taking of the deposition or trial testimony. Any videotape depositions or trial testimony filed in violation of this rule will not be edited or presented to the jury.
Page 50 | Rule 18 - Videotape, 18.01 Use of Videotape
Opposing counsel must file written, numbered objections and a brief statement of their basis within ten days after receiving notice from the Clerk that videotape testimony was filed.
Within ten days of the ·receipt of notice by the Clerk that videotape testimony has been filed by the proponent of such testimony, opposing counsel shall file in writing the numbered objections upon· which he wishes a ruling by the Court, together .with a-brief state(llent of.·the- basis ,fo,r such_. . objections.
Page 50 | Rule 18 - Videotape, 18.01 Use of Videotape, E(1)
The plaintiff’s and defendant’s appointed panel-member names must be forwarded to the Arbitration Commissioner within ten days from the pretrial conference.
The names of the two members of the panel to be appointe·d by the plaintiff. and defendant, respectively, shall be forwarded to the Arbitration Commissioner within ten (10) days from the date. of the pretrial conference.
Page 55 | 21.02 Selection of Arbitrator and Manner of Appointment
If a party fails to appoint an arbitrator, the Court shall appoint one upon motion within five days after the motion is filed.
If there.is a failure of one or more parties to appoint one or more arbitrators as in (2) above, the Court shall, upon motion, appoint an arbitrator or arbitrators for the party or parties failing to so comply. Such appointment shall be made by the Court within five (5) days of the filing of said motion.
Page 55 | 21.02 Selection of Arbitrator and Manner of Appointment
Nominations for the panel chairman must be forwarded to the assigned judge within ten days after the pretrial conference.
These nominations must be forwarded to the assigned judge within ten (10) days after the date of the pre-trial conference.
Page 55 | 21.02 Selection of Arbitrator and Manner of Appointment
An exception to an arbitrator must be raised by motion within five days after the notice of assignment is mailed, and the assigned judge hears it.
Exceptions to an arbitrator shall be raised by motion filed within five (5) days of the mailing of notice of assignment and shall be heard by the assigned judge.
Page 56 | 21.02 Selection of Arbitrator and Manner of Appointment
The panel chairman must file a written report and award with the presiding judge and Clerk of Courts within thirty days after the hearing.
Within thirty ( ;30) days after the·hearing, the chairman of the panel shall file a \\II'i tten report and award with the presiding judge and the Clerk of Courts
Page 61 | 21.14 Report and Award
If an arbitration decision is rejected under Section 2711.21 O.R.C., amended pleadings must be filed with the Clerk of Courts within 45 days.
If the decision of the arbitrators is rejected pursuant to Section 2711.21 O.R.C., pleadings shall be amended· and filed with the Clerk of Courts within forty-five (45) days.
Page 63 | 21.17 Time Limit to Amend Pleadings
Defendants represented by counsel when bound over to the grand jury must file pretrial motions within three days after arraignment.
All pre-tria:U.jnotions shall be filed within three (.3) days after arraignment for those defendants who are represente.d by counsel at the time d.f bind over to the grand jury.
Page 83 | 17.04 Motions
All other defendants must file pretrial motions within ten days after arraignment.
All other defendants shall file such motions within ten (10) days after arraignment.
Page 83 | 17.04 Motions
Applications for assigned counsel fees must be submitted within 90 days from the date of disposition.
Ap:plications shall be submitted within 90 days from the date of disposition of the case.
Page 84 | 17.08
Defendant must file testimony by its separately assigned date or face default judgment or limitation to the testimony filed.
separate date:, will be assigned for the filing of plaintiff's and defendant's testimony. ... :failure o:f defendant to :file his· testimony on· or before said date will result .in a default judgment or the limit;i.ng o:f defendant to the testimony so :filed.
Page 85 | Rule 18 - Videotape
The Court will review objections without counsel present unless counsel files notice within 48 hours of filing the testimony that counsel wishes to follow the specified objection procedure.
The Court will review-all objections at its conveni·ence and without presence of -counsel l)Dless notice is· f,iled with the Court within forty~eight .(.48) -hours···of filing o:f the testimony with the Clerk that counsel wishes to comply with the following:
Page 85 | Rule 18 - Videotape
Plaintiff must file testimony by its separately assigned date or the case will be dismissed for want of prosecution.
When cases are assigned for trial. pursuant to Civ. R. 40 and Sup. R. 12 _(B), separate date:, will be assigned for the filing of plaintiff's and defendant's testimony. Failure o:f plaintiff to file said testimony on or before said date will cause the case to be dismissed for want of prosecution;
Page 85 | Rule 18 - Videotape
Opposing counsel must file written, numbered objections and a brief statement of their basis within ten days after receiving the Clerk's notice that videotape testimony was filed.
Within ten days of the ·receipt of notice by the Clerk that videotape testimony has been filed by the proponent of _such testimony, opposing counsel shall file in writing the numbered objections upon· which he wishes a ruling by the Court, together ,with a -J:irief s"tate([l(lnt. of ,-·the-_ basis _fo_:r- such _ _ - . - objections.
Page 86 | Rule 18 - Videotape
Deposition or trial testimony is subject to a pretrial filing restriction whose number of hours is illegible; the Court may expressly permit an exception in advance, and noncompliant videotape testimony will not be edited or presented to the jury.
_H. osition or·· triai testilndn -- shall - be :filed less than hours prior to the date of trial, unless e;x:press permission is granted by the Court prior to the taking of the deposition or trial testimony. Any videotape deposit:ions or trial testimony filed in violation o:fthis rule will not be edited or presented to the jury.
Page 86 | Rule 18 - Videotape
All forms seeking assigned-counsel payment must be complete and submitted to the court within 30 days after the assigned case concludes.
All forms must be completely filled out and must be submitted to·the Court within thirty (30) days of the conclusion of the assigned case.
Page 90 | 17.08(A)(4)
If title indicia are not supplied within 30 days after notice from the Court, the action may be dismissed for want of prosecution without prejudice.
and if the plaintiff and/or other party (ies) shall fail to supply such indic·ia of title within.thirty (30) days after having been hOtifit!d by the Court to do so, the cause may be . dismissed as for want of prosecution, but without prejudice to a future action based upon the same subject matter.
Page 14 | Rule 6.01(A)(3)
The Court ordinarily reviews objections without counsel present, unless counsel files notice within 48 hours after the testimony is filed stating that counsel wishes to follow the specified objection procedure.
E. The Court will review all objections at its convenience and without presence of counsel unless_notice is' f;i.led with the Court within forty~eight .(48) hours-of filing of the testimony with the Clerk that counsel wishes to comply with the following:
Page 49 | Rule 18 - Videotape, 18.01 Use of Videotape
Counsel may file a brief statement explaining why opposing counsel's objections should be overruled within ten days after receiving those objections.
2. Within ten days of receipt from opposing counsel of objections filed with_the Court, counsel may file with the Court a brief statement setting forth any _reasons why he· believes such objections should· be overruled.
Page 50 | Rule 18 - Videotape, 18.01 Use of Videotape, E(2)
Counsel may file a brief statement explaining why opposing counsel's objections should be overruled within ten days after receiving them.
Within ten days of receipt from opposing counsel of objections :filed with _the Court, counsel may file with the Court a brief statement setting forth any_reasons why he believes such objections should oe overruled.
Page 86 | Rule 18 - Videotape
Service and Proof of Service Rules
Counsel must provide the Clerk with copies of pleadings that require service by the Clerk.
Counsel shall provide the Clerk with copies of all pleadings requiring service by the Clerk.
Page 7 | Rule 1 - Pleadings and other papers
An attorney seeking withdrawal must send a copy of the judgment entry to the represented parties by certified mail at their last known addresses.
The attorney desiring to withdraw shall further deliver a copy of said judgment entry to the parties.whom he repre- sented by certified mail sent to·their last known address.
Page 18 | Rule 7—Counsel; 7.02 Withdrawals
Adverse counsel must approve or reject the proposed judgment entry within three days after receiving it.
Counsel for such adverse party shall approve or reject the same within three (3) days after,its receipt.
Page 20 | RULE 9 JUDGMENT ENTRIES
Counsel for the prevailing party must prepare and submit a judgment entry to adverse counsel within ten days after receiving notice, unless the Court grants additional time.
Cou::i.sel for the party in whose favor an order, decree or judgment is rendered shall prepare a judgment entry e~pressive of such order, decree or judgment and submit such entry' to t:.~e counsel of:the,adverse party within ten (10) days after receipt of notice by counsel of such order, decree or judgment, unless further time for the preparation of said entry and submission of same to the adverse party be granted by the Court.
Page 20 | RULE 9 JUDGMENT ENTRIES
An expert may not testify by deposition or at trial unless a written or audiotape report about the prospective testimony is served on opposing counsel two weeks before the testimony.
No medi.cal or :.other expert.witness will .be permitted· to testify .either by deposition or at trial unless two (2) weeks prior to the expert's testimony a written or audiotape.report relative to the expert's prospective testimony is served to .. opposing cotL~sel.
Page 29 | Rule 15 - Pre-Trial Procedure
Within one week after service of the fixed-damages list, opposing counsel must notify counsel of any dispute about reasonableness; otherwise, reasonableness is admitted.
Within one. ( 1} week of service of such list opposing counsel must notify counsel if the· reasonableness of the amount of such documents is di'sputed, otherwise reasonableness is admitted.
Page 29 | Rule 15 - Pre-Trial Procedure
Counsel must exchange a complete list of fixed damages at least three weeks before trial, or those damages will not be admitted.
At least tpr(le (3)· weeks prior to·trial counsel shall exchange the following: A complete list.of all medical, hospital, and other items of fixed damages which their client expects to offer at the time of trial. Failure to comply with. this order will result in those items of damages not being admitted into evidence at trial.
Page 29 | Rule 15 - Pre-Trial Procedure
Counsel must exchange proposed exhibits at least one week before trial, or the exhibits will be inadmissible.
At least one (1) week prior to -trial 1 counsel shal], exchange proposed exhibits. Failure to do so will result in their inadmissibility.
Page 30 | Rule 15 - Pre-Trial Procedure
Opposing counsel must furnish the proponent a copy of the objections and reasons when filing them.
A copy of such objections: and state- ment of reasons therefo~ shall be furnished to counsel for the proponent of such testimony at the time of filing;
Page 50 | Rule 18 - Videotape, 18.01 Use of Videotape, E(1)
The proponent must furnish opposing counsel a copy of the objections and reasons within three days after filing the videotape testimony.
a statement of reasons therefor shall be furnished opposing counsel within three days of the filing of such videotape-testimony.
Page 50 | Rule 18 - Videotape, 18.01 Use of Videotape, E(1)
On the day the report and award are filed, the chairman must mail or otherwise forward copies to all parties or their counsel.
and on th~ same day .shall mail or otherwise forward copies. thereof. to all_ parties or their counsel
Page 61 | 21.14 Report and Award
Parties making pleading amendments must serve the other parties pursuant to the Ohio Rules of Civil Procedure.
The parties making such pleading amendments· shall serve other. parties . pursuant to Ohio Rules o':r c.:i:vii Procedure.
Page 63 | 21.17 Time Limit to Amend Pleadings
Opposing counsel must furnish the proponent a copy of the objections and reasons when filing them.
A copy of such objections: and state-ment of reasons therefor shall be furnished to counsel :for.the proponent of such testimony at the time.of filing;
Page 86 | Rule 18 - Videotape
The proponent must furnish opposing counsel a copy of the objections and reasons within three days after filing the videotape testimony.
A copy o:f such ===== PAGE 86 ===== --------------------- objections and a statement of reasons therefor shall be furnished opposing counsel within three days of the filing of such videotape- tes-timony.
Page 86 | Rule 18 - Videotape
Filing Fees and Waivers
The certification fee is $2.00 per document.
Certification fee, per document... ................................................................................. 2.00
Page 22 | DEPOSIT FOR COSTS
Each additional page of an exemplified copy costs $2.00.
Each add itiona I page ...................................................................................................... 2.00
Page 22 | DEPOSIT FOR COSTS
A contempt action requires a $50.00 deposit for costs.
Contempt... ......................................................................................................................... 50.00
Page 22 | DEPOSIT FOR COSTS
The first page of an exemplified copy costs $6.00.
Exemplified copies, 1" page ................................................................................................ 6.00
Page 22 | DEPOSIT FOR COSTS
A debtor's examination requires a $100.00 deposit for costs.
Debtor's Exam ..................................................................................................................... 100.00
Page 22 | DEPOSIT FOR COSTS
A cognovit action requires a $150.00 deposit for costs.
Cogn ovit.. .......................................................................................................................... 150.00
Page 22 | DEPOSIT FOR COSTS
Filing ............................................................................................................................... 31.00
Filing ............................................................................................................................... 31.00
Page 22 | DEPOSIT FOR COSTS
A civil action requires a $250.00 deposit for costs.
Civi I Actions ...........................................................................,......................................... . 250.00
Page 22 | DEPOSIT FOR COSTS
A foreign judgment requires a $200.00 deposit for costs.
Fa reign Judgment. ............................................................................................................... 200.00
Page 22 | DEPOSIT FOR COSTS
An execution requires a $100.00 deposit for costs.
Execution• ........................................................................................................................... 100.00
Page 22 | DEPOSIT FOR COSTS
A medical malpractice action requires a $300.00 deposit for costs.
Med ica I Ma I practice ............................................................................................................. 300.00
Page 22 | DEPOSIT FOR COSTS
A garnishment requires a $100.00 deposit for costs, plus $1.00 payable to the garnishee.
Garnishment (plus $1.00 payable to garnishee) ............................................................ .. 100.00
Page 22 | DEPOSIT FOR COSTS
An appeal to the Court of Appeals or a cross-appeal requires a $150.00 deposit for costs.
Appeal to Court of Appeals and cross-appeal ............................................................ 150.00
Page 22 | DEPOSIT FOR COSTS
Issuing a certificate of judgment requires a $6.00 deposit for costs.
Issuing ............................................................................................................................. 6.00
Page 22 | DEPOSIT FOR COSTS
A non-certified copy costs $0.25 per page.
Copies, not certified, per page ......................................................................................... .25
Page 22 | DEPOSIT FOR COSTS
A Court of Appeals original action for habeas corpus, mandamus, or a writ of prohibition requires a $100.00 deposit for costs.
Court of Appeals Original Action (habeas corpus, mandamus, writ of prohibition .... 100.00
Page 22 | DEPOSIT FOR COSTS
An administrative appeal to the Common Pleas Court requires a $250.00 deposit for costs.
Administrative Appeal to Common Pleas Court.. .................................................. . 250.00
Page 22 | DEPOSIT FOR COSTS
A cross-complaint, counterclaim, third-party complaint, or intervener's complaint requires a $50.00 deposit for costs.
Cross-complaint, counterclaim, third party complaint or intervener's complaint... 50.00
Page 22 | DEPOSIT FOR COSTS
The Clerk may not accept a listed action for filing unless the scheduled deposit securing costs is paid, subject to the Ohio Revised Code.
Subject to the provisions of the OHIO REVISED CODE none of the following actions shall be accepted By the Clerk for Filing unless there is deposited a sum to secure the payment of costs which may accrue in such action or proceeding. Such deposit shall be in accordance with the following schedule:
Page 22 | DEPOSIT FOR COSTS
A jury view requires a $100.00 transportation deposit upon request.
Jury view, deposit payable upon request of transportation .......................................... .. 100.00
Page 22 | DEPOSIT FOR COSTS
Releasing a certificate of judgment requires a $5.00 deposit for costs.
Certificates of Judgment, releasing .............................................................................. 5.00
Page 22 | DEPOSIT FOR COSTS
A foreclosure action requires a $650.00 deposit for costs.
Fa rec\osu re (eff. 8-01-07) ................................................................................................... 650.00
Page 22 | DEPOSIT FOR COSTS
A $75 advance deposit must accompany every continuance request and, if the continuance is granted, the deposit is paid into the Erie County General Fund to offset rescheduling costs.
Every request for·a continuance of an arbitration hearing ' date shall be accompanied by an advance deposit of $75.00 (Seventy-five dollars.). l'.:Jpon the granting of a continuance, . the $75.00 adva.~ce deposit shall be paid into the Erie County General Fund _to partially offset the administrative costs o:f rescheduling the arbitration hearing.
Page 58 | 21.06 Continuance Fee
Additional copies of material papers or pleadings may be obtained from the Clerk upon payment of the proper fee.
Additional copies of all material papers or pleadings may be procured from the Clerk upon paying the proper fee.
Page 7 | Rule 1 - Pleadings and other papers
A motion to expunge a record has a listed fee of 100.00.
Motion to Expunge record .................................................................................................... . 100.00
Page 23 | Rule
An in-county subpoena costs 50.00 per witness.
Subpoena (in county, per witness)........................................................................................ 50.00
Page 23 | Rule
Transferring a case from county or municipal court has a listed fee of 250.00.
Transfer Case from County or Municipal Court ................................................................... . 250.00
Page 23 | Rule
Service by publication has a listed fee of 500.00.
Service by Publication............................................................................................................. 500.00
Page 23 | Rule
A foreign-county subpoena adds $.10 per mile for the round trip.
Foreign county-add $.10 per mile round trip
Page 23 | Rule
A writ of possession requires a praecipe and has a listed fee of 100.00.
Writ of Possession (praecipe required) ................................................................................. . 100.00
Page 23 | Rule
An order of sale, when a praecipe is filed, has a listed fee of 800.00, including appraiser fees subject to the stated limits.
Order of Sale(when praecipe filed )including each appraiser's fee of $75.00 for Residential property. Each appraiser's fee not to exceed$ 350.00 for commercial Property as determined by Erie County Sheriff.................................................................... 800.00
Page 23 | Rule
A partial release of a judgment lien costs 3.00 per page.
Partial release of judgment lien, per page............................................................................ 3.00
Page 23 | Rule
Proceedings in aid of execution have a listed fee of 100.00.
Proceedings of Aid of Execution............................................................................................. 100.00
Page 23 | Rule
When costs are taxed against someone other than the depositor, the clerk returns the deposit after payment; if costs remain unpaid, they are deducted from the deposit and the balance is returned, without barring collection from the party liable for the costs.
In the event that the costs in any of the foregoing actions are ultimately taxed against a party other than the party making such deposit, tne Clerk, upon payment of the costs in such action, shall return such deposit to the party originally making it. In the event that costs remain unpaid, costs will be applied from the deposit and the balance returned to the party. Such action does not bar the eventual collection from the party against whom such costs are taxed.
Page 24 | 10.03
A poverty affidavit may be filed instead of a cash deposit, but must be executed before the clerk or deputy, explain inability to prepay costs, and remains subject to review; it does not eliminate liability for costs ultimately taxed against the party.
A Poverty Affidavit filed in lieu of a cash deposit must be executed in the presence of the Clerk of Courts or deputy clerk, and must state the reasons for the inability to prepay costs and is subject to court review at any stage of the proceedings. (Note: A poverty affidavit executed at the filing of an action does not relieve the pµrty from the. ob:;I.igation to pay costs, should the costs be ul timat~iy taxed against him.) ·
Page 24 | 10.02
If a party cannot proceed on an arbitration hearing date agreed upon by all parties, the presiding judge may continue the case and assess that party a $75 continuance fee.
·In the event that a _party is unable to proceed when an arbitration hearing has been scheduled, and said hearing date as agreed upon by all parties, the presiding judge may mark the case continued and assess the $75,00 continuance fee against such party.
Page 58 | 21.06 Continuance Fee
For a claim accompanied by a poverty affidavit supported by written motion, the Court bears the arbitration cost.
In. a claim accompanied by a poverty affidavit supported by written motion, the cost of arbitration· shall be' borne by the Court.
Page 63 | 21.18 Poverty Affidavit
Fees paid to the arbitrators are assessed in equal proportions to the parties in interest.
Fees paid.to the arbitrators shall be assessed in equal proportions to the parties in interest.
Page 63 | Rule 21
Arbitrator compensation is paid upon proper warrant from Erie County funds.
All compensation for. the arbitrators shall be paid upon proper warrant from. th_e i'unds of Erie County, Ohio.
Page 63 | Rule 21
Board members may receive their fees only after filing the report and award, unless the case is otherwise disposed of or before a hearing.
The members of the Board shall not be entitled to receive their fees until after filing the report and award with the Clerk of Courts or unless the case has otherwise been disposed or prior to a hearing.
Page 63 | Rule 21
Courtesy Copy Requirements
A copy of a motion requiring the Court’s immediate attention must be hand-delivered to the Judge’s office or mailed directly to the Judge.
When a motion requires the_. immediate attention of the _Court, a copy shall be hand-delivered.to. the Judge's office or mailed directly to the Judge.
Page 11 | 4.02 Motions Requiring Immediate Attention of Court
For a motion requiring the Court’s immediate attention, a copy must be hand-delivered to the Judge’s office or mailed directly to the Judge.
When a motion require·s .· the i=ediate :attention o:f the Court, a copy shall b.e hand-delivered to the· Judge's office or mailed directly to the Judge.
Page 39 | 17.04 Motions
For a motion requiring the Court’s immediate attention, a copy must be hand-delivered to the Judge’s office or mailed directly to the Judge.
When a motion requires.· the immediate :attention of the Court, a copy shall be hand-delivered to·the·Judge's office or mailed directly to the Judge.
Page 83 | 17.04 Motions
Pre-Motion Conference Requirements
Opposing counsel must file a memorandum contra or request oral argument within 14 days after the motion is filed; otherwise the motion is submitted on the moving party’s memorandum alone, and a reply memorandum may be filed within 7 days after the memorandum contra.
Opposing couns'el will file a memorandum contra or request oral argument within fourteen ( 14) day's of the filing of the motion or it will be assumed that the motion is to be submitted-on the moving party's memorandum only. A reply memorandum may be filed within seven (7) days of the filing of the memorandum contra.
Page 11 | 4.01 Memoranda and Oral Arguments
A request for oral argument must be noted on the motion when filed; failing to request it waives oral argument, and the Court may grant or deny a request.
If oral argument is requested, such will be noted on the motion at the time of filing. Failure to make such request will be considered a waiver_ of.oral argument. _The Court, in its discretion, may. grant or deny a request for oral argument.
Page 11 | 4.01 Memoranda and Oral Arguments
After the last brief deadline, the case is submitted on the briefs unless oral argument is requested in writing and granted by the Judge or required by law.
upon expirat'idn of the time for filing of the last brief as set ·forth in 5.01,.the case will be considered submitted upon the briefs u.11less oral argument is requested in writing and granted by the Judge, or is required.by law.
Page 12 | 5.02 Oral Arguments
Adjournment & Extension Requirements
A reasonable pleading extension will be granted when the extension entry expressly states that all parties consent and is signed by all parties or counsel, but the Court may grant an extension without opposing counsel’s consent for good cause.
Subje·ct to the limitations of Rule 6 of the Ohio Rules of Civil Procedure, a re_asonable extension( s) of time .will be granted for the filing of pleadings provided the entry granting extension expressly provides that all parties consent and is signed by all parties or counsel. For good cause, the Court may grant extensions of time without consent of opposing counsel.
Page 9 | Rule 2 - Leave to Plead and Amendment of Pleadings
Every request to continue an arbitration hearing must include an advance deposit of $75.
Every request for·a continuance of an arbitration hearing date shall be accompanied by an advance deposit of $75.00 (Seventy-five dollars.).
Page 58 | 21.06 Continuance Fee
Reasonable extensions will be granted for good cause with the Court’s written consent.
For good cause, and with written consent of the Court, reasonable extensions will be granted.
Page 39 | 17.04 Motions
Extensions of the mental-examination request deadline will be granted only with the Court’s written consent.
Extensions will only be gr'anted with the written . consent of the Court.
Page 40 | 17.07 Mental Examinations
The presiding judge may extend the 45-day scheduling period upon written request.
The forty-five (45) dayperiod may be extended by the presiding judge upon written request.
Page 57 | 21.05 Hearings; When and Where Held; Notice
Reasonable extensions will be granted for good cause with the Court’s written consent.
For good cause, and with written consent of the Court, reasonable extensions wiil be granted.
Page 83 | 17.04 Motions