Summit County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:

Limits & Logistics
Courtesy Copies
Dismissal

Adjournments
- The assigned judge may extend the deadline for objections only on written application supported by an affidavit showing facts that make compliance practically impossible.
- Only the judge scheduled to preside at the pretrial conference may grant a continuance.
- A trial continuance will not be granted for counsel’s lack of preparedness when counsel failed to attend the pretrial conference.
- +6 more
Request must include
- A party may obtain one automatic leave to plead of no more than 21 days by filing a certification that no prior extension or leave was obtained and serving the certification on opposing counsel.
- One additional leave to plead of no more than 21 days may be obtained by filing opposing counsel's consent and certifying prior extensions and their total length.
Document Format Requirements5 rules
Papers must use 8½-by-11-inch paper and include the case style and number, assigned judge, case type, pleading description, and other information required by Ohio rules.
- Paper size
- Letter
Court's wording
All papers filed in any action or proceeding shall be filed on 8-1/2" x 11" paper under the style and number of the case, and shall include the name of the judge to whom the case is assigned, a notation as to the type of case (i.e., Breach of Contract, Personal Injury), a short description of the type of pleading, and any other information required by the Ohio Rules of Civil Procedure.
Proposed Entries and Orders must be submitted in Microsoft Word (.doc or .docx) format and reference the specific motion to which it applies.
- File type
- Word
- Proposed order
Formatting
- •Microsoft Word .doc or .docx format
- •Reference the specific motion to which the proposed entry or order applies
E-filed documents must be PDFs on 8½-by-11-inch pages, with a 10 MB limit per document and 30 MB per submission; larger documents must be divided as directed by the Clerk.
- File type
- Paper size
- Letter
Formatting
- •Maximum 10 MB per document
- •Maximum 30 MB per submission
Court's wording
All electronically filed documents, pleadings and papers shall be filed with the Clerk in Portable Document Format (PDF) on 8½ x 11 inch pages. Submissions shall be limited to 10 MB maximum file size per document and 30 MB maximum file size for one submission. Larger sized documents shall be broken down and filed according to the directions maintained on the Clerk of Courts website e-filing page.
All documents containing notarizations shall be electronically filed only as a hand-signed scanned PDF document. The notary seal shall be visible.
- File type
- Notarized document
Formatting
- •The PDF must be a scan of the hand-signed document
Civil pleadings must reserve a roughly three-inch circular space at the upper right for a timestamp, and civil complaints must include the specified line for the assigned judge's name.
Court's wording
The face caption of all pleadings filed in civil cases shall provide a blank space of approximately three inches (3") in diameter on the upper right portion of the page, sufficient to permit a time-stamp imprint. The face sheet of all complaints filed in civil cases shall provide a horizontal line approximately two and one-half inches (2- 1/2") long, placed approximately one-half inch (1/2") below and parallel to the line provided for the case number. After the complaint is filed, the Deputy Clerk shall stamp the name of the assigned judge on the typewritten line.
Document Filing Requirements41 rules
All applications for attorney fees and reimbursement of expenses shall be submitted on the appropriate form.
11. Payment and/or reimbursement for expenses associated with providing representation shall be made upon submission of the Motion, Entry and Certification for Appointed Counsel Fees OPD-1026 and Affidavit of Indigency which has been approved by the assigned judge.
- Document
- Appointed counsel fee request
Must include
- •Affidavit of indigency
Fee requests for post-conviction matters or subsequent billing on an active case must identify that information and the matter type in the specified OPD-1026 section, using the assigned judge’s decision date as the termination date.
Court's wording
13. Post Conviction Matters/Multiple Billing: Any attorney requesting fees for post-conviction matters (judicial release, probation violation, etc.) or subsequent billing on an active case shall indicate so on the form OPD-1026 within the Summary of Charges, Hours, Expenses and Billing section. Attorneys shall clearly identify the type of post-conviction matter involved with the fees request within said section and utilize the date the assigned judge set forth a decision on the matter as the termination date.
The record of such release in regard to the application of such deposited cash or securities shall be filed with the record of the case.
(C) A Final Judicial Report shall be issued and filed with the Clerk of Courts before the Decree of Foreclosure or Decree of Partition is filed. Said report shall state the method of service on each of the parties and shall include a statement indicating whether any additional liens or mortgages have been filed since the date the Preliminary Judicial Report was issued.
Along with the filing of the Preliminary Judicial Report or a Title Commitment, the attorney shall file a Certificate of Readiness and any required supporting documentation, demonstrating that plaintiff is the real party in interest and the matter is ready to proceed against all necessary parties. This shall be signed by the attorney.
Submit the Completed Tax Verification Form and Payment for taxes due on the Tax Duplicate to the Summit County Fiscal Office.
Payment of taxes is to be made at the Summit County Fiscal Office directly. Tax Verification Forms will be required on all foreclosure sales, non-tax included, as of May 1, 2018.
(B) Three (3) copies of the Property Description Approval form and the approved legal description shall be filed and time-stamped with the Clerk of Courts and shall be attached to the filing of the Final Judgment Entry in the foreclosure case. The Clerk of Courts will attach one copy to the Final Judicial Report and return the two (2) copies to the party filing the Final Judicial Report which shall then be attached to the Praecipe.
Written notice shall include a photocopy of the advertisement of Sheriff's Sale and all information required by R.C. 2329.26.
Obtain a Blank Tax Verification Form from the Summit County Sheriff's Website, Complete the Top Portion in Full, then Sign the Top Portion.
The complaint, the Preliminary Judicial Report and the Certificate of Readiness shall be filed as separate documents at the same time and shall be separately time-stamped with the complaint being filed first.
In actions for the marshaling and foreclosure of liens on real property or partition of real estate, a Preliminary Judicial Report or a Title Commitment as authorized by R.C. 2329.191(C) shall be filed with the Clerk by the attorney for the plaintiff at the time of the filing of the complaint.
(A) The Final Judicial Report must include the correct legal description, parcel, and routing numbers for such property taken from the property deed as approved and released by the County Fiscal Officer's Property Deed Transfer Division.
An appeal requires filing a notice with the Clerk and serving it on the adverse parties and assigned judge, accompanied by a signed affidavit that the appeal is not for delay.
Court's wording
Files a notice of appeal with the Clerk and serves a copy on the adverse party or parties and assigned judge accompanied by an affidavit that the appeal is not being taken for delay. The affidavit accompanying the notice of appeal shall be signed by the appealing party or counsel for the appealing party.
In all appeals where the submission of additional evidence is required or permitted by law, a motion to supplement the record shall be filed within fourteen (14) days after the filing of the record of proceedings, supported by affidavit requesting the submission of additional evidence and specifying the nature and type of additional evidence to be submitted and the reasons therefor.
- Document
- Motion to supplement record
Must include
- •Affidavit
Within 7 days after a court finding or jury verdict, prevailing counsel must submit a judgment order approved by opposing counsel.
Court's wording
Within seven (7) days after such finding by the Court or rendering of a verdict by jury, counsel for the prevailing party shall submit to the Court, for approval and filing, a judgment order approved by opposing counsel.
Filers must omit personal and private information from filed documents and attachments unless it is necessary and relevant to the case.
Court's wording
Filing parties and/or legal counsel shall not include personal and private information in any document filed with the Court unless such inclusion is necessary and relevant to the case. This requirement extends to and includes exhibits or addenda attached to filings, such as financial reports which use social security numbers as case numbers or medical records.
Additional reply briefs may only be filed with leave of the Court only upon a showing of good cause.
The movant's reply brief shall not refer to or include any additional evidentiary materials without agreement of the parties or leave of the Court.
The caption of an original complaint, counterclaim, crossclaim, or third-party complaint must include the parties' addresses, using “unknown” for any unknown address.
- Document
- Complaint counterclaim crossclaim or third party complaint
- Placement
- Caption
Court's wording
Upon filing the original complaint or any counterclaim, crossclaim, or third party complaint, in addition to the Instructions for Service required by this Rule, the filer shall include the address of the plaintiff(s) and defendant(s) in the caption of the document. If the address of any plaintiff or defendant is unknown, the filer shall substitute “unknown” for the address in the caption.
All filings in criminal cases shall include an original and two (2) copies.
The Court will not accept or permit the audio/video version of a deposition transcript to be presented during trial or hearing unless a written transcript of the deposition has been filed by the attorney of record through the Clerk’s electronic filing system.
Every motion filed shall be accompanied by a brief stating the grounds upon which it is based, and a citation of authorities relied upon to support the motion.
Certificates of service must comply with the cited rules, be properly signed, and contain the specified e-filing and paper-service certification language for the respective recipients.
- Document
- Certificate of service
- Placement
- Certificate section
Court's wording
Proof of service of all documents required or permitted to be served shall be made in compliance with Civ. R. 5(B)(4) and Crim. R. 49(C). The Certificate of Service shall be signed in accordance with applicable Ohio court rules and laws, including these Rules, and shall contain the following language for each party entitled to service: “I hereby certify that on [date] this document was eFiled via the Court’s eFile system which shall send notifications of this filing to the following: [list parties or their counsel who are registered users of the Court’s eFile system]. 14 I hereby certify that on [date] I served this document in accordance with [Civ. R. 5 or Crim. R. 49] on the following: [list pro se parties who are not registered users of the Court’s eFile system].”
Within 10 days after a finding or verdict, prevailing counsel must, and other counsel may, provide opposing counsel a proposed order and notice of its planned submission to the Court.
Court's wording
Within ten (10) days after finding or verdict, prevailing counsel shall, and other counsel may, provide to opposing counsel, a copy of a proposed order together with a notice that said order will be submitted to the Court for approval and filing at a time to be assigned by the Court, at which time the Court shall determine the content of the judgment order.
Such judgment entry shall contain notice that the judgment entry is a final appealable order, and record of the decision shall be entered pursuant to Civil Rile 58(B).
If the parties agree to settle the case prior to the scheduled conference, the conference will be canceled by the mediator if a written settlement agreement or notice of dismissal has been filed with the court. Copies of such dismissal will be exchanged between the parties and their counsel, including pro se parties, with a courtesy copy to the mediator.
Within ten days after a mediation conference, the Mediation Office must report specified settlement-status information in writing to the assigned judge.
Court's wording
In all cases where a mediation conference has been conducted the Mediation Office will, within ten (10) days, report to the assigned judge in writing whether a full or partial agreement was reached; whether efforts to settle the case have ceased or are continuing; or that mediation did not produce a final resolution.
The Court requires that insurance representatives with adequate authority to settle the claim be present at the conference unless excused by the Court.
Upon reaching agreement during the mediation conference, the parties and their counsel shall reduce the agreement to writing, sign and date the same and each retain the original or a copy.
Parties must submit Mediation Office case summaries on its form four business days before the conference, and must not file them with the Clerk of Courts.
Court's wording
Prior to the mediation conference, the parties will prepare case summaries on a form provided by the Mediation Office and submit these to the Mediation Office four (4) business days prior to the conference. These case summaries are not to be filed with the Clerk of Courts.
After the first report, the receiver must file consecutively numbered reports twice yearly with accounts of receipts and expenditures and a summary of future plans.
Court's wording
Semi-annually, after filing the first report with inventory, appraisement and account, the receiver shall file consecutively numbered reports with accounts for approval of the Court by entry as to all receipts and expenditures made by the receiver during the reporting period and a summary of plans for the future conduct of the receivership.
Before a public or private sale of property appraised above $1,000, the receiver must file a report showing expenditures incurred or expected before the sale.
Court's wording
In all receiverships in which property appraised in excess of One Thousand Dollars ($1,000.00) is to be put up for public or private sale, the receiver shall file in advance of such sale, a report with the Court showing amount of expenditures incurred or to be incurred, prior to the time the sale is to be conducted.
Any application for payment of fees (partial or final) to a receiver and counsel for receiver, shall be submitted for approval by the Court.
A receiver fee application must detail work time, funds, creditor claims and payments, prior authorized fees, and estimated time to complete the receivership and distribution.
Court's wording
Such application shall show time spent on enumerated items; amounts of money collected, disbursed, and on hand; status of secured and unsecured creditors' claims, including amounts claimed, payments made thereon, and balances due; the amounts and dates of prior fees authorized in the case; and an estimate of the amount of time necessary to complete the work in the receivership and to make final distribution.
If repairs were made, such notice shall include a copy of the receipt or bill showing the items of repair made and the amount paid for labor and materials.
eFiled documents that require the signature of the attorney or filing party shall be signed with a conformed signature of “/s/ [name].”
The filer must retain the signed original and produce it upon request, keeping it until the case is closed and appeals and post-judgment relief opportunities are exhausted.
Court's wording
The filer shall maintain the signed document in the filer’s records and have it available for production upon request of the Court. The signed document shall be maintained until the case is closed and the time for appeal has expired or the appeals have been heard or denied and all opportunities for post judgment relief are exhausted.
All attorneys shall include their attorney registration number issued by the Supreme Court of Ohio, office address, phone number, email address and fax number on all documents filed with the Court.
The mediator shall not retain a copy of the terms of the agreement and the report to the court shall indicate only that the case is settled, who will pay court costs and who will prepare the dismissal entry.
Filing & Service rules
Electronic Filing Rules
Attorneys must electronically file written deposition transcripts intended for use in a trial, hearing, or motion, and omit or redact personal information before filing.
All written deposition transcripts that are to be used in trial or hearing or in support of any motion, including attachments and/or exhibits, shall be electronically filed by the attorney of record through the Clerk’s electronic filing system. Pursuant to Sup. R. 45(D), the attorney of record shall omit or redact all personal and private information from the written deposition transcript prior to filing the deposition.
Page 1 | 7.04 Form of Pleadings (F) Written Deposition Transcripts Filed Electronically
Pleadings and papers in general civil and criminal cases must be filed electronically via the Internet; electronic filing is permitted in other civil cases.
Except as provided in this rule, in conformity with Ohio Revised Code, Civ.R. 5(E) and Crim.R. 12(B), pleadings and other papers in all general civil cases and criminal cases shall be filed with the Clerk of Courts electronically via the Internet. Pleadings and other papers in other civil cases may be filed with the Clerk of Courts electronically via the Internet.
Page 1 | 7.04 Form of Pleadings (H) Electronic Filing of Court Documents
Declared vexatious litigators may not e-file and may file on paper only after obtaining the assigned judge's permission.
Individuals who have been declared vexatious litigators, as defined below, will not be permitted to file documents electronically. The e-filing System will not provide an individual who has been declared a vexatious litigator with a user id and password to access the system. A vexatious litigator may only file in paper format, provided he/she has first obtained permission from the assigned Judge to file in that case. The Clerk's office will accept the filings from the vexatious litigators in paper format, as needed.
Page 1 | 7.04 Form of Pleadings (H) Electronic Filing of Court Documents
The praecipe for transcript must also be filed with the Clerk.
Said praecipe shall be filed with the Clerk.
Page 1 | 18.05 Objections/Appeal to Magistrate's Orders/Decisions
Self-represented parties who are not registered e-filing users may file on paper in person or by U.S. Mail.
Pro se parties who are not registered users of the Court’s eFile system may file documents in paper form with the Clerk in person or by U.S. Mail.
Page 1 | 7.04 Form of Pleadings (H) Exceptions to eFiling
Exhibits, attachments, and other materials that cannot be comprehensibly viewed as PDFs must be filed physically with the Clerk.
Exhibits, attachments, or other documents that may not be comprehensibly viewed in a .pdf shall be filed in their physical form with the Clerk.
Page 1 | 7.04 Form of Pleadings (H) Exceptions to eFiling
In other civil cases, parties may file pleadings and other papers with the Clerk of Courts electronically via the Internet.
Pleadings and other papers in other civil cases may be filed with the Clerk of Courts electronically via the Internet.
Page 1 | 7.04 Form of Pleadings (H) Electronic Filing of Court Documents
Filing Timing and Cure Windows
When needed to support objections or an appeal, the moving party must file the transcript within 30 days after filing, unless the judge extends the time in writing because the court reporter cannot complete it.
If a transcript of the trail or hearing is necessary to support objections or appeal to the magistrate's decision or order, it must be filed with the Court by the moving party within thirty (30) days after the filing of objections or appeal unless the assigned judge, in writing, extends the time due to the inability of the court reporter to complete the transcript of the testimony.
Page 1 | 18.05 Objections/Appeal to Magistrate's Orders/Decisions
Fees will not be paid if the Item 11 payment request is submitted to the County Fiscal Office more than 60 days after case termination, unless the Administrative Judge approves.
14. Fees will not be paid if the request for payment in Item 11. above is submitted to the County Fiscal Office more than sixty (60) days after the termination of said case except upon approval of the Administrative Judge.
For residential property, appraisers must return the appraisal to the Sheriff within 21 calendar days after the clerk issues the appraisal order.
If Residential Property, the appraisers shall return the appraisal to the Sheriff within twenty-one (21) calendar days of the issuance of the order of appraisal by the clerk of courts. 2329.17(B)
Civil cases
Page 1 | 11.07 Appraisers' Fees
The Clerk of Courts must not accept a complaint for filing unless the Preliminary Judicial Report, Certificate of Readiness, and supporting documentation are presented at the time the complaint is filed.
If a Preliminary Judicial Report and the Certificate of Readiness, along with all supporting documentation, are not presented to be filed at the time of the filing of the complaint, the Clerk of Courts shall not accept such complaint for filing,
Civil cases
Page 1 | 11.02 Failure to Provide Evidence
An Order to Withdraw/Cancel a Sheriff's Sale must generally be filed at least 72 hours before the sale, with specified Tuesday/Thursday 10:00 a.m. deadlines for Friday mortgage sales and Tuesday delinquent tax sales; late orders do not stop the sale, except when payment is made in full or bankruptcy is filed.
An Order to Withdraw/Cancel a Sheriff's Sale must be filed at least seventy-two (72) hours prior to the scheduled Sheriff's Sale. For Mortgage Sales held on Fridays, the Order to Withdraw/Cancel must be filed no later than 10:00 a.m. on the Tuesday prior to the sale. For Delinquent Tax Sales held on Tuesdays, the Order to Withdraw/Cancel must be filed by 10:00 a.m. on the Thursday prior to sale. If the Order to Withdraw/Cancel is not timely filed, the sale will proceed as scheduled. This rule does not apply in the case of payment in full or the filing of a bankruptcy.
Civil cases
Page 1 | 11.11 - ORDERS TO WITHDRAW/CANCEL SALE
A party that fails to appear and participate waives appeal de novo, but may seek leave by motion within 30 days of the report and award for good cause.
The failure of a party to appear either in person or by counsel and participate in an arbitration proceeding shall be considered a waiver of that party's right to file an appeal de novo and a consent to the entry by the Court of judgment on the report and award of the panel. The Court to whom a case is assigned may, upon motion filed within thirty (30) days of filing of the report and award, and for good cause shown, grant leave to a party who has failed to appear and participate in a hearing, to file an appeal de novo as hereinafter provided.
Civil cases
Page 1 | 10.09 Default of a Party
The chair must file the report and award within 20 days after the hearing and send copies to all parties or counsel that same day.
Within twenty (20) days after the hearing, the chairman of the Board of Arbitration shall prepare and file a report and award with the Clerk, and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.
Civil cases
Page 1 | 10.14 Report and Award - Not a Judgment
A party must complete the specified appeal steps within 30 days after the award is filed with the Clerk.
Any party may appeal an award of the Board of Arbitration to the Common Pleas Court of Summit County, if within thirty days (30) after filing of the award with the Clerk, the party does both of the following:
Civil cases
Page 1 | 10.17 Appeals (A)
Exceptions must be filed within 30 days after the report and award and are limited to improper conduct or misconduct or corruption procuring an arbitrator's action.
Any party may file exceptions with the Clerk from a decision of the Board of Arbitration within thirty (30) days from the filing of the report and award for either or both of the following reasons and for no other: (1) that the arbitrators behaved improperly in the conduct of the case; and/or (2) that the action of one or more of the arbitrators was procured by misconduct or corruption.
Civil cases
Page 1 | 10.18 Exceptions (A)
The appellee must file its brief and any assignments of error within 30 days after the appellant's brief is filed.
Within thirty (30) days after the filing of the appellant's brief, the appellee shall file its brief and assignments of error, if any.
Civil cases
Page 1 | 19.03(B) Appellee's Brief
The appellant must file assignments of error and its brief within 30 days after the Record of Proceedings is filed with the Clerk.
Within thirty (30) days after the filing of the Record of Proceedings with the Clerk, the appellant shall file its assignments of error and brief;
Civil cases
Page 1 | 19.03(A) Appellant's Brief
When additional evidence is required or permitted by law, the motion to supplement the record must be filed within 14 days after the record of proceedings is filed.
In all appeals where the submission of additional evidence is required or permitted by law, a motion to supplement the record shall be filed within fourteen (14) days after the filing of the record of proceedings, supported by affidavit requesting the submission of additional evidence and specifying the nature and type of additional evidence to be submitted and the reasons therefor.
Civil cases
Page 1 | 19.04 Additional Evidence
The Notice of Appeal and a copy of the praecipe must be filed with the Court within the time prescribed by law.
The Notice of Appeal filed with the officer, agency, commission, board or other entity whose final order is being appealed, together with a copy of the praecipe for the record of proceedings, shall be filed with the Court within the time prescribed by law for such appeal.
Civil cases
Page 1 | 19.02 Notice
Upon acceptance, a submission is deemed filed and receives an electronic stamp showing the date and time it was submitted to the eFile system.
Upon acceptance, the submission shall be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the Court’s eFile system.
Page 1 | 7.04 Form of Pleadings (H) Time, Effect and Process of eFiling—Official Time Stamp
An e-filer whose filing is late because of a listed technical failure may seek leave or other relief with an affidavit by noon on the first business day the Clerk is open after the deadline, but technical failure cannot extend jurisdictional deadlines.
Any e-filer whose filing is made untimely as the result of a technical failure of the Clerk of Court’s system, or of the filer’s computer hardware or software, phone lines or internet service provider (ISP), may move for leave to file instanter or for other appropriate relief from the court. Such technical failures cannot extend jurisdictional deadlines. The motion shall be accompanied by an affidavit stating the circumstances of and reason for missing the deadline, and must be filed no later than noon of the first day on which the Clerk of Courts is open for business following the original filing deadline. The Court will consider the matters stated in the affidavit and order appropriate relief.
Page 1 | 7.04 Form of Pleadings (H) User or Technical Errors
A rejected filing is not part of the court record and must be resubmitted; the resubmission receives a new submission date and time.
If the submission is rejected, the document shall not become part of the Court record and the filer shall be required to re-submit the document to meet the requirements. The re-submitted document shall receive a new submission date and time.
Page 1 | 7.04 Form of Pleadings (H) Time, Effect and Process of eFiling—Clerk Review
A motion for periodic partial payment of eligible future damages must be filed within 14 days after the verdict or plaintiff-favorable determination; the deadline applies to municipal suits without an amount limit.
In the event of a finding or verdict on eligible future damages in excess of $200,000.00, any motion to determine that a portion of the payment is to be made in periodic partial payments, shall be made within fourteen (14) days of the verdict or determination in favor of the plaintiff. This filing deadline applies to suits against municipalities without any limitation on amounts.
Page 1 | 7.17 Judgment Orders (D) Post-Verdict Motion Practice
Documents filed under the rule become filed and part of the official record when accepted by the Clerk in the eFile system.
Documents filed in accordance with this Rule shall be deemed filed and shall become the Court’s Official Court Record when they are accepted by the Clerk in the Court’s eFile system.
Page 1 | 7.04 Form of Pleadings (H) Exceptions to eFiling
A motion to tax items identified in C.P.Sup.R. 12 as costs must be filed within 14 days after judgment entry.
Motions made to tax as costs items delineated in C.P.Sup.R. 12 shall be made within fourteen (14) days of the judgment entry.
Page 1 | 7.17 Judgment Orders (E) Post-Judgment Motion Practice
A motion for prejudgment interest may be filed after verdict but no later than 14 days after the judgment entry.
Motions made for prejudgment interest, consistent with R.C. 1343.03(C), may be made after verdict, but in no event any later than fourteen (14) days from the judgment entry.
Page 1 | 7.17 Judgment Orders (E) Post-Judgment Motion Practice
An electronic document is considered filed when the Clerk receives the entire transmission.
The electronically filed document will be considered filed as of the date and time that the Clerk of Courts receives the entire transmission.
Page 1 | 7.04 Form of Pleadings (H) Hours of Operation
A frivolous-conduct motion may be filed before trial begins, but no later than 21 days after judgment entry.
Motions made on the basis of frivolous conduct, consistent with R.C. 2323.51(B), may be made anytime prior to commencement of trial, but in no event later than twenty-one (21) days of the judgment entry.
Page 1 | 7.17 Judgment Orders (E) Post-Judgment Motion Practice
A CQE petition is considered filed when the filing fee is paid.
A petition shall be considered filed upon payment of the filing fee.
Civil cases
Page 1 | 26. CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
The receiver must submit an inventory, appraisement, and accounting to the Court within two months after appointment.
Within two (2) months after appointment, the receiver shall report to the Court, submitting an inventory and appraisement, including an accounting of receipts and expenditures to date.
Civil cases
Page 1 | 9. RECEIVERSHIPS
A party may file a memorandum contra objections or an appeal reply within seven days after the objections or appeal is filed.
Memoranda contra objections or replies to an appeal may be filed by any party within seven (7) days of the filing of such objections or appeal.
Page 1 | 18.05 Objections/Appeal to Magistrate's Orders/Decisions
All other fees are reduced by 50% when the indigent-defendant payment request is submitted to the assigned judge more than 30 days after case termination.
All other fees will be reduced by fifty percent (50%) if the request for payment for indigent defendant is submitted to the assigned judge more than thirty (30) days after the termination of the case.
For commercial property, appraisers must return the appraisal within the timing established for the sale; if none is established, the residential-property appraisal timing applies.
If Commercial Property, the appraisers shall return the appraisal to the Sheriff within the timing requirements, as established for the sale of the commercial property. R.C. 2329.17(D). If no timing requirements have been established, then the timing as used for Residential Property appraisals shall apply.
Civil cases
Page 1 | 11.07 Appraisers' Fees
Filing exceptions pauses the 30-day appeal period until the Court rules on the exceptions.
The filing of exceptions shall toll the running of the thirty (30) day period for appeal as provided in Rule 10.17 (A) herein until a ruling on the exceptions has been made by the Court.
Civil cases
Page 1 | 10.18 Exceptions (B)
The appellant may file a reply brief within 10 days after the appellee's brief is filed.
Within ten (10) days after the filing of appellee's brief, the appellant may file a reply brief.
Civil cases
Page 1 | 19.03(C) Reply Brief
If the appellant misses the deadline to file its brief and assignments of error, the Court may dismiss the appeal or otherwise dispose of the case as justice requires.
If the appellant fails to file its brief and assignments of error within the time provided, the Court may dismiss the appeal or otherwise dispose of the case as justice requires.
Civil cases
Page 1 | 19.03(D) Extensions and Exceptions
Court time—Eastern Standard or Daylight Time—governs filing time, regardless of the filer's time zone, subject to Section C.
Time at the Court (Eastern Standard or Daylight) governs, rather than the time zone from which the filing is made, subject to Section C of this Rule.
Page 1 | 7.04 Form of Pleadings (H) Hours of Operation
An accepted submission is docketed and filed.
If the submission is accepted, the document shall be docketed and filed.
Page 1 | 7.04 Form of Pleadings (H) Time, Effect and Process of eFiling—Clerk Review
Other motions must be filed within the deadlines prescribed by the Ohio Rules of Civil Procedure, statutes, or interpreting case law.
Any other motion not contained in Sections (D) and (E) of this Rule, must be filed within the prescribed time limits of the Ohio Rules of Civil Procedure, any statutory law or case law interpreting such motion practice.
Page 1 | 7.17 Judgment Orders (F) Other Post-Judgment Motions
Filings may be submitted electronically at any time, including 24 hours a day, seven days a week.
Any filing may be eFiled with the Clerk 24 hours a day, 7 days a week.
Page 1 | 7.04 Form of Pleadings (H) Time, Effect and Process of eFiling—Submission
Service and Proof of Service Rules
A written praecipe for transcript must be served on the chief court reporter within three days after the specified objections, appeal, contra objections, or appeal reply is filed.
A praecipe for transcript shall be served in written form on the chief court reporter within (3) days after the filing of said objections, appeal, contra objections or appeal reply.
Page 1 | 18.05 Objections/Appeal to Magistrate's Orders/Decisions
At least seven calendar days before the sale, the judgment creditor must file a copy of the written notice with proof of service endorsed on it.
At least seven (7) calendar days prior to the date of the sale, the judgment creditor shall file with the Clerk of Courts a copy of such written notice with proof of service endorsed thereon.
Civil cases
Page 1 | 11.06 Notification of Sheriff's Sale
A judgment creditor requesting an Order of Sale must serve written notice under Civ.R. 5 on the judgment debtor and each other party no later than two weeks before the scheduled sale.
The judgment creditor who has requested that an Order of Sale be issued, shall no later than two (2) weeks prior to the sale scheduled thereon, serve written notice in accordance with Civ.R. 5 upon the judgment debtor and upon each other party to the action in which the judgment giving rise to the execution was rendered.
Civil cases
Page 1 | 11.06 Notification of Sheriff's Sale
Copies of exceptions must be served on each arbitrator within 48 hours after filing.
Copies of said exceptions shall be served upon each arbitrator within forty-eight (48) hours after filing and the matter shall forthwith be set for hearing before the assigned judge.
Civil cases
Page 1 | 10.18 Exceptions (B)
A copy of the notice of appeal must be served on the adverse party or parties and the assigned judge.
Files a notice of appeal with the Clerk and serves a copy on the adverse party or parties and assigned judge accompanied by an affidavit that the appeal is not being taken for delay. The affidavit accompanying the notice of appeal shall be signed by the appealing party or counsel for the appealing party.
Civil cases
Page 1 | 10.17 Appeals (A)(1)
The chair must mail or otherwise forward report-and-award copies to all parties or counsel on the filing day.
Within twenty (20) days after the hearing, the chairman of the Board of Arbitration shall prepare and file a report and award with the Clerk, and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.
Civil cases
Page 1 | 10.14 Report and Award - Not a Judgment
Electronic service of documents filed after a complaint or indictment is valid and has the same legal effect as paper service.
eService of documents subsequent to the complaint or indictment shall be considered valid and effective service and shall have the same legal effect as an original paper document.
Page 1 | 7.04 Form of Pleadings (H) Service—Documents Filed Subsequent to Complaint
Instructions for Service filed with an original complaint or related pleading must state a Civ. R. 4 service method unless the assigned judge has signed permission to defer service for a specific period.
Unless an attorney or party has obtained permission signed by the assigned Judge to defer service of summons for a specific period of time, the Instructions for Service filed with the original complaint or any counterclaim, crossclaim or third party complaint shall indicate a method of service pursuant to Civ. R. 4.
Page 1 | 7.04 Form of Pleadings (H) Service—Complaint and Related Documents in Civil Cases
After an order or entry is signed and filed, the filer must serve copies on pro se parties who are not registered e-filing users.
After the order or entry has been signed and filed, the filer, not the Court or Clerk, shall serve on all pro se parties who are not registered users of the Court’s eFile system copies of all entries and orders submitted to the Court for signature in accordance with Civ. R. 5 and Crim. R. 49.
Page 1 | 7.04 Form of Pleadings (H) Service—Entries and Orders
For counsel of record and registered pro se users, service is complete when the eFile system generates the Notification of Electronic Filing.
For pro se parties who are registered users of the Court’s eFile system and counsel of record, service shall be deemed complete at the time the Notification of Electronic Filing is generated by the Court’s eFile system.
Page 1 | 7.04 Form of Pleadings (H) Service—Service Date and Time to Respond or Act
Unless the filer requests Clerk service and files Instructions for Service, the filer must serve documents filed after the original complaint on all parties or their attorneys.
In accordance with Civ. R. 5 and Crim. R. 49, unless the filer requests service by the Clerk and files the Instructions for Service required by this Rule, the filer, not the Clerk, shall be responsible for serving all documents filed subsequent to the original complaint on all parties or their attorneys.
Page 1 | 7.04 Form of Pleadings (H) Service—Documents Filed Subsequent to Complaint
Written pleadings, motions, briefs, memoranda, and arguments must be served on opposing counsel or unrepresented parties and include proof of service, except agreed trial briefs that are not exchanged.
Every written pleading, motion, brief, memorandum or argument, filed with the Court or judge, shall be served upon all opposing counsel or upon all parties not represented by counsel, and proof of such service shall be shown on or attached to such written pleading, motion, brief, memorandum, or argument. No such paper filed with the Court or judge without such Certificate of Service, shall be considered by any judge, except trial briefs where it has been agreed by counsel that they shall not be exchanged.
Page 1 | 7.04 Form of Pleadings (C) Certificate of Service
The filer must serve a paper copy on each pro se party who is not a registered e-filing user, as required by the cited rules.
The filer shall serve a paper copy of the document on all pro se parties who are not registered users of the Court’s eFile system in accordance with Civ. R. 5 and Crim. R. 49.
Page 1 | 7.04 Form of Pleadings (H) Service—Documents Filed Subsequent to Complaint
For service by the Clerk, separate Instructions for Service must identify each recipient by name and address, using “unknown” if an address is unknown.
For all documents that require service by the Clerk or documents for which a party is requesting that service be made by the Clerk, Instructions for Service shall be filed as a separate document. The Clerk shall not accept Instructions for Service that do not designate the names and addresses of the parties to be served. If the address of the party to be served is unknown, the filer shall substitute “unknown” for the address.
Page 1 | 7.04 Form of Pleadings (H) Service—Instructions for Service
The e-filing system's notification to registered users constitutes service under the cited civil and criminal rules.
When a submission is deemed filed pursuant to this Rule, the eFile system shall generate a Notification of Electronic Filing to the filer and any other party who is a registered user of the eFile system. The Notification of Electronic Filing shall constitute service under Civ. R. 5 and Crim. R. 49.
Page 1 | 7.04 Form of Pleadings (H) Service—Documents Filed Subsequent to Complaint
The Court must sign all pretrial orders and rulings on motions and serve them on all counsel of record.
All pretrial orders and rulings upon motions shall be signed by the Court and served upon all counsel-of-record.
Civil cases
Page 1 | 20.03(D) Pretrial Orders
The clerk must serve ODRC with a time-stamped copy of a judgment entry granting a CQE petition.
The clerk shall serve a time-stamped copy of the judgment entry upon ODRC.
Civil cases
Page 1 | 26. CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
The clerk must serve an order denying a CQE petition on both the petitioner and ODRC.
An order of denial shall be served by the clerk both upon the petitioner and ODRC.
Civil cases
Page 1 | 26. CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
When a petition is filed, the clerk must provide a time-stamped copy to the Summit County prosecutor.
Upon a filing of a petition, the clerk shall provide a time-stamped copy to the Summit County prosecutor.
Civil cases
Page 1 | 26. CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
The Clerk of Courts must serve Orders of Confirmation of Sale and Orders Vacating Sale on the Sheriff’s Civil Division electronically or by hand delivery.
The Clerk of Courts shall ensure that all Orders of Confirmation of Sale and Orders Vacating Sale are served upon the Summit County Sheriff, Civil Division, either electronically or via hand delivery.
Civil cases
Page 1 | 12.04 – CONFIRMATION OF SALE OR VACATED SALE
At case assignment, the Criminal Assignment Administrator must cause the Notice of Assignment to be served on the defendant.
At the time of assignment of the case under Local Rule 21.03, the Criminal Assignment Administrator shall cause the Notice of Assignment to be served upon the defendant.
Criminal cases
Page 1 | 21.04 Service of Notice of Assignment, Indictment and Arraignment
The Order of Appointment of Counsel must be filed with the Clerk of Courts and served on defense counsel and the Summit County Prosecutor's Office.
That order shall be filed with the Clerk of Courts and served upon defendant's counsel and teh Summit County Prosecutor's Ogfice.
Criminal cases
Page 1 | 21.03 Assignment of Cases
The Court must set post-judgment and post-sentence proceedings with notice to all parties.
All post-judgment and post-sentence proceedings shall be set by the Court with notice to all parties, pursuant to C.P.Sup.R. 8(D) and the Ohio Revised Code where post-judgment proceedings are allowed.
Criminal cases
Page 1 | 21.08 Post-Judgment Proceedings
Upon receiving the Notice of Assignment, the Clerk must serve the Indictment on the defendant and provide a copy of the service to the defendant's appointed counsel of record.
Upon receipt of the Notice of Assignment, the Clerk of Courts shall serve a copy of the Indictment upon the Defendant, and provide a copy of said service to the Defendant's counsel of record, as appointed by the Designated Assignment Judge pursuant to Local Rule 21.09
Criminal cases
Page 1 | 21.04 Service of Notice of Assignment, Indictment and Arraignment
For a fee application exceeding $500, written hearing notice must be served personally or by mail on all creditors or their counsel of record, unless the Court orders otherwise.
Written notice of the hearing on application for fees in excess of Five Hundred Dollars ($500.00), shall be served personally or by mail on all creditors or their counsel-of-record, unless otherwise provided by court order.
Civil cases
Page 1 | 9. RECEIVERSHIPS
Failed mail delivery does not excuse counsel from appearing when the notice was also published in The Akron Legal News.
Where mail notification is provided for by these rules or is otherwise given, failure of delivery of such mail notification shall not excuse counsel from the responsibility for appearance where such notice has also been given by publication in The Akron Legal News, as provided by Rule 6.01.
Page 1 | 6.04 Failure of Mail Delivery
At least one week before arbitration, a party offering a property-repair estimate must send the adverse party notice, the estimate, and a statement about whether repairs were made.
In the case of an estimate, the party intending to offer the estimate into evidence shall, at least one (1) week prior to the arbitration, forward to the adverse party notice of such intention, together with a copy of the estimate and a statement indicating whether or not the property was repaired in full or in part.
Civil cases
Page 1 | 10.11 Specific Powers (D)(5) Property Repair Bills or Estimates
Bills or estimates offered to prove specified expenses must be preceded by one week's written notice to the adverse party with copies of the bills.
on condition that one (1) week's written notice has been given to the adverse party, accompanied by copies of the bills to be offered in evidence.
Civil cases
Page 1 | 10.11 Specific Powers (D) Medical Expenses; Property Damage
For the specified frivolous-conduct proceedings, the Court must give notice to all parties, hold a hearing, and decide within 60 days of judgment whenever possible unless the Court and parties agree otherwise.
The Court shall, upon notice to all parties, conduct a hearing consistent with R.C. 2323.51(B)(1), and render a decision within sixty (60) days of the judgment entry whenever possible, unless the Court and the parties agree otherwise.
Page 1 | 7.17 Judgment Orders (E) Post-Judgment Motion Practice
If the eFile system fails to generate a service notice, the recipient may be entitled to an order extending the response or performance period.
If the eFile system fails to generate the Notice of Electronic Filing, the party to be served may be entitled to an order extending the date for any response or the period within which any right, duty or act must be performed.
Page 1 | 7.04 Form of Pleadings (H) Service—Failure of eService
Hearings on the listed motions and special proceedings are assigned through the assigned judge's bailiff, with notice served on all parties under Civ. R. 5(B).
Assignment of hearings on motions for restraining orders, temporary injunctions, summary judgments, or other special proceedings to be heard by the Court on motion as are provided and required by the Ohio Rules of Civil Procedure, shall be made by and through the bailiff of the assigned judge, and notice of such hearing assignment shall be provided to all parties by service in accordance with Civ.R. 5(B).
Page 1 | 7.14 Motions (D) Assignment of Hearings
The parties should exchange all necessary discovery five days before the mediation conference.
All necessary discovery, including documents, medical records, and bills should be exchanged by the parties five (5) days prior to the conference.
Page 1 | 22.04(C) Conference
Any mail notification provided is sufficient notwithstanding a contrary rule.
Notwithstanding provisions of any rule to the contrary, any mail notification provided shall be sufficient.
Page 1 | 6.07 Mail Notification Sufficient
The Court may notify counsel by postcard of a case assignment for any purpose.
Notification by the Court to counsel of any assignment of any case for any purpose may be by postcard.
Page 1 | 6.03 Notification by Post Card Permitted
Filing Fees and Waivers
Any attorney appointed by the Court to represent an indigent defendant charged with a felony shall not request nor receive from said indigent, the indigent's relatives or anyone else, any fees for professional services rendered in connection with said appointment, without first securing the approval of this Court, and the Court shall, by journal entry, discharge such attorney from responsibility as appointed counsel.
Any attorney appointed by the Court to represent an indigent defendant charged with a felony shall not request nor receive from said indigent, the indigent's relatives or anyone else, any fees for professional services rendered in connection with said appointment, without first securing the approval of this Court, and the Court shall, by journal entry, discharge such attorney from responsibility as appointed counsel.
The buyer must contact the Fiscal Office to obtain and pay the Tax Duplicate amount, at least the amount due as of the sale date; mortgage-sale payments may be cash, cashier's check, or money order, while tax-sale payments must be guaranteed funds, and wire transfers are not accepted.
Contact the Summit County Fiscal Office to request, obtain and pay the amount due on the Tax Duplicate, with the minimum amount to be paid being the amount due as of the Date of Sale. i. The Fiscal Office can be reached at 330-643-2600 to obtain tax amount due Terms: i. For Mortgage Sales: Cash, Cashier's Check, Money Order (no wire transfers) ii. For Tax Sales: Guaranteed Funds Only (Cash, Cashier's Check, Money Order) (no wire transfers)
Civil cases
Page 1 | 11.08 Payment of Real Estate Taxes
Any Sheriff's sale publication costs exceeding the deposit are paid to the publisher from sale proceeds within 30 days after the sale.
If the fees for such publication exceed the amount of the deposit, the additional amount shall be taken from the proceeds of the sale and paid to the publisher no later than thirty (30) days after the date of the sale.
Page 1 | 6.06(A) Deposit for Notice of Sheriff's Sale
The Clerk must collect a $20 advance deposit for publication of a Notice of a Chattel Sale by the Summit County Sheriff's Office.
The Clerk shall collect an advance deposit of $20.00 for publication of Notice of a Chattel Sale by the Summit County Sheriff's Office.
Page 1 | 6.06(B) Deposit for Notice of Chattel Sale
The Clerk must collect a $220 advance deposit for publication of a Notice of a Sheriff's sale.
The Clerk shall collect an advance deposit in the amount of Two Hundred Twenty Dollars ($220.00) for publication of Notice of a Sheriff's sale.
Page 1 | 6.06(A) Deposit for Notice of Sheriff's Sale
For calendars and notices whose fees are not fixed by law, the filing party must pay the publisher $14.50 per case.
For publication of such calendars and notices for which the fees are not fixed by law, the publisher of The Akron Legal News shall receive the sum of $14.50 for each case, to be paid by the party filing the complaint, petition, administrative appeal, notice of appeal, or lien.
Page 1 | 6.05 Fees for Publication
Publication of an abstract of legal advertising costs $5.00 per case, matter, or proceeding, taxed and collected as court costs by the Clerk of Courts.
For the publication of abstracts of legal advertising, the publisher of The Akron Legal News shall receive the sum of $5.00 for each case, matter, or proceeding requiring such advertisement, all to be taxed and collected as part of the court costs by the Clerk of Courts.
Page 1 | 6.05 Fees for Publication
An appellant must reimburse the Clerk for all arbitrator fees, which are not taxable as costs or recoverable.
Reimburses the Clerk for all fees paid to the arbitrators in the case. The sum so paid shall not be taxed as costs in the case and shall not be recoverable by the appellant in any proceeding.
Civil cases
Page 1 | 10.17 Appeals (A)(2)
The notice of appeal must be accompanied by a $50 appeal fee payable to the Clerk.
The appellant's notice of appeal shall be accompanied by an appeal fee of Fifty Dollars ($50.00), payable to the Clerk.
Civil cases
Page 1 | 10.17 Appeals (A)(1)
A fee-bearing electronic filing may be rejected if the fee rules are not followed, and required filing fees must be paid by valid credit card through the Clerk's E-Filing System.
Any document filed electronically that requires a filing fee may be rejected by the Clerk of Courts unless the filer has complied with this rule concerning the payment of filing fees. Any document and/or court action that requires payment of a Filing Fee will be made by using a valid credit card through the Clerk’s E-Filing System.
Page 1 | 7.04 Form of Pleadings (H) Electronic Filing of Court Documents—Filings
The Clerk conditionally accepts the filing and sends the affidavit for court approval; an approved affidavit results in processing without charge, while a disapproved affidavit requires a hearing.
The completed Affidavit shall be submitted to the Clerk of Courts, who shall conditionally accept the complaint, counterclaim or third-party claim, and submit the Affidavit to the assigned trial court for approval. The assigned trial court, in the space provided on the form, shall provide a brief written acknowledgement that the court is presently satisfied with the veracity of the Affidavit and return the form the Clerk of Courts, who shall process the filing without charge. If disapproved, the court shall conduct a hearing and schedule the same by separate order.
Page 1 | 7.06 (B) Poverty Affidavit
A civil action or proceeding requires the scheduled security deposit unless the Court orders otherwise.
No civil action or proceeding shall be accepted for filing without a deposit as security for costs in the sum set forth on the following Schedule of Filing Fees unless otherwise ordered by the Court.
Page 1 | 7.06 Security for Costs
A civil-action initiator who believes they cannot pay filing costs must submit the Court's Poverty Affidavit seeking waiver, with counsel completing the attorney portion when applicable.
If the party initiating a civil action believes that he/she is unable to pay the costs of filing a complaint in a civil action, a counterclaim and/or a third-party claim, then such person shall submit a Poverty Affidavit on the form prescribed by the Court requesting to have such charges waived. If an attorney for the party is to be counsel of record, then that attorney shall complete the attorney's portion of the Affidavit.
Page 1 | 7.06 (B) Poverty Affidavit
A $250 filing fee is charged for an ODRC-reviewed CQE petition found sufficient for filing.
Upon receipt of a petition for CQE that has been reviewed and been found sufficient for filing by ODRC, a filing fee in the amount of $250.00 shall be charged and collected by the Clerk of Courts.
Civil cases
Page 1 | 26. CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
Voir dire transcripts are not provided at County or State expense for indigent defendants’ appeals unless the trial judge approves an application showing good cause.
Transcripts of the voir dire examination shall not be furnished at County or State expense in an appeal for indigent defendants unless it is approved by the trial judge upon application and a showing of good cause.
Additional compensation above the scheduled maximum for felony or misdemeanor cases is available only in extraordinary cases with assigned-judge approval and may not exceed 50% of the scheduled maximum, subject to the stated hourly rates.
15. Approval for additional compensation for felony or misdemeanor cases in excess of the maximum, as indicated will only be made by thc assigned judge in extraordinary cases. The additional fees paid may not exceed fifty (50%) of the maximum scheduled fees and are subject to the hourly rates of Item 9.
The Akron Bar Association sets the application procedures and additional fees charged beyond statutory fees.
The Akron Bar Association shall set forth the procedures governing the application process and the fees charged in addition to the statutory fees
Page 1 | 15. NOTARIES PUBLIC — 15.02 Examination, Procedures, Fees
For legal advertising other than Sheriff's Sales, the publisher bills the attorney or other responsible person directly.
Publishing fees for legal advertising, other than for Sheriff's Sales, will be billed by the publisher directly to the attorney or person responsible for the same.
Page 1 | 6.06 Invoice for Publication
After advertising concludes and the publisher receives the fee, proof of publication is delivered to the Clerk.
Proof of said publication will be delivered to the Clerk at the conclusion of the advertising, upon receipt of the fee by the publisher.
Page 1 | 6.06 Invoice for Publication
The Clerk holds the Sheriff's sale publication deposit and pays it to the publisher upon receiving proof of publication after advertising concludes.
This fee shall be held by the Clerk and paid to the publisher upon receipt of proof of publication at the conclusion of the advertising.
Page 1 | 6.06(A) Deposit for Notice of Sheriff's Sale
Payment to the publisher for a Chattel Sale notice follows the same process as for a Sheriff's sale notice.
Payment to the publisher shall be made in the same manner as in Rule 6.06(A).
Page 1 | 6.06(B) Deposit for Notice of Chattel Sale
If the publisher believes collection may be a problem, it may collect advertising fees before typesetting and publication begin.
Under certain circumstances where the publisher feels that collection of such fees may be a problem, the publisher is authorized to collect the fees prior to typesetting and starting the publication.
Page 1 | 6.06 Invoice for Publication
For an indigent appellant, the assigned judge may permit an appeal without the required payments upon proper motion or affidavit of indigency.
If the party appealing is indigent, then upon proper motion or affidavit of indigency, the assigned judge may allow the appeal to proceed without the payments as required herein.
Civil cases
Page 1 | 10.17 Appeals (B)
Court-appointed attorney fees are governed by the maximum-fee schedule fixed by the County Council.
The fee schedule for court-appointed attorneys is fixed by the County Council and is as shown on the following Schedule For Maximum Fees for Court-Appointed Attorneys:
Indigent-defense attorney-fee reimbursement is calculated using the charges in the original indictment.
12. Reimbursement for attorney fees for indigent defense will be calculated utilizing the charges for which the defendant was originally indicted.
The Summit County Fiscal Office may randomly audit all attorney-fee requests and documentation.
16. All requests and documentation for attorney fees shall be subject to random audits by the Summit County Fiscal Office.
Governmental agencies are excluded from Rule 6.06 and from payment for government legal advertising.
Governmental agencies are excluded from the provisions of this rule and payment for government legal advertising.
Page 1 | 6.06(C) Exceptions
Courtesy Copy Requirements
A courtesy copy of the dismissal must be provided to the mediator when copies are exchanged following a pre-conference settlement.
If the parties agree to settle the case prior to the scheduled conference, the conference will be canceled by the mediator if a written settlement agreement or notice of dismissal has been filed with the court. Copies of such dismissal will be exchanged between the parties and their counsel, including pro se parties, with a courtesy copy to the mediator.
Page 1 | 22.05 Final Agreement
Sealing & Redaction Procedures
E-filed documents must omit defined personal identifiers, which the filer is responsible for redacting; omitted information must be filed separately on the Clerk's form.
Document Content: All documents e-filed shall omit personal identifiers as defined in Sup. R. 44(H).The responsibility for redacting personal identifiers rests solely upon the filer. The Clerk and the Court will not review each document for compliance with this rule. When the personal information is omitted from a case filing it shall be submitted or filed separately on a form provided by the Clerk.
Page 1 | 7.04 Form of Pleadings (H) Electronic Filing of Court Documents—Document Content
When specified personal information must be included, filers must show only the last four digits of Social Security and financial account numbers and use minors' initials.
If personal and private information is necessary and must be included in a document, the filing party shall partially redact the following personal and private information from the pleadings as follows: ocial Security Numbers: If the individual’s Social Security number must be included in a document, only the last four digits of that number should be used. Financial Account Numbers: If financial account numbers are relevant, only the last four digits of these numbers should be used. Names of Minor Children: If the involvement of a minor child must be mentioned, only the initials of the child should be used.
Page 1 | 7.04 Form of Pleadings (E) Personal and Private Information in Documents filed with the Clerk of Courts
Entries and orders must partially redact personal information unless all information is absolutely necessary, in which case the Clerk may redact it from public view.
Entries and orders that necessarily include personal and private information shall partially redact the personal and private information as outlined in (E) (3) of this rule unless it is absolutely necessary to include all digits or other data in that information. In the event it is absolutely necessary to include all digits or other data in that information, the Clerk will have the authority to redact the personal and private information from public view.
Page 1 | 7.04 Form of Pleadings (E) Personal and Private Information in Documents filed with the Clerk of Courts
The filer is responsible for redaction, and the Clerk may refuse documents that do not comply with the personal-information requirements.
The filer is responsible for redacting personal and private information. The Clerk shall not review each document for compliance with this Rule: however, the Clerk may refuse to accept any document that contains personal and private information that has not been redacted or submitted in accordance with this Rule.
Page 1 | 7.04 Form of Pleadings (H) Electronic Filing of Court Documents—Responsible Party
Redact all but the final four digits of specified identification and account numbers, use minors' initials, and replace other personal information with “[REDACTED].”
For social security numbers, financial account numbers, and driver’s license or other personal identification numbers, all but the last four digits of the number shall be redacted. For minors, only the child’s initials shall be included. For any other personal or private information, the information shall be replaced with “[REDACTED]”.
Page 1 | 7.04 Form of Pleadings (H) Electronic Filing of Court Documents—Redaction
The Clerk may refuse a document that contains personal information not redacted or submitted as required.
The Clerk of Courts may refuse to accept for filing any document that contains personal and private information that has not been redacted or submitted in accordance with this rule.
Page 1 | 7.04 Form of Pleadings (E) Personal and Private Information in Documents filed with the Clerk of Courts
A document may be filed under seal, and the e-filing title must identify the sealing order and its date.
In accordance with Rule 45 of the Rules of Superintendence for the Courts of Ohio, a document may be filed under seal. The Order and its date must be noted on the e-filing under the document title (e.g., “Document filed under seal pursuant to Court Order of mm/dd/yyyy”).
Page 1 | 7.04 Form of Pleadings (H) Electronic Filing of Court Documents—Sealed Documents
The Clerk of Courts may refuse to accept for filing any document that contains personal and private information that has not been redacted or submitted in accordance with this rule.
The Clerk of Courts may refuse to accept for filing any document that contains personal and private information that has not been redacted or submitted in accordance with this rule.
Page 1 | 7.04 Form of Pleadings (E) Personal and Private Information in Documents filed with the Clerk of Courts
A final agreement reached during mediation may be filed under seal if the parties request sealing and the court approves.
If a final agreement is reached during the conference that agreement may be filed under seal to preserve confidentiality, provided that the parties request that the agreement be sealed and the court approves.
Page 1 | 22.06 Confidentiality
Pre-Motion Conference Requirements
Trial counsel must attend every pretrial conference unless excused by the judge.
Counsel who will actually handle the trial of a case shall attend all pretrial conferences unless excused by the judge.
When a claim is at least partly covered by insurance, an authorized representative of the insurer must attend the pretrial conference unless the judge orders otherwise.
If a claim for relief by any party is covered in whole or in part by insurance, a representative of the insurance company or carrier authorized to handle the claim(s) for relief in controversy must be present at the pretrial conference, unless otherwise ordered by the judge.
The judge must assign a firm trial date at the initial pretrial conference.
At the initial pretrial conference, the judge shall assign a firm trial date.
All parties must attend the pretrial conference unless excused by the judge.
All parties must be present at the pretrial conference unless excused by the judge.
A pretrial conference is required in every civil case unless the assigned judge dispenses with it by order or permits an agreed statement in its place; trial scheduling must then be provided for.
A pretrial conference shall be held in every civil case filed, unless: (1) the assigned judge enters an order dispensing with said conference; or (2) said judge permits an agreed statement of counsel in lieu of said pretrial conference. Upon entry of such order or agreed statement dispensing with the pretrial conference, provision shall be made for scheduling the case for trial.
After the conference or any hearing, the Court must set a briefing schedule under Rule 19.03.
After such conference or hearing, the Court shall set a schedule for the submission of briefs as provided in Rule 19.03.
Civil cases
Page 1 | 19.04 Additional Evidence
The Court must set cases involving potential additional evidence for a conference to determine whether additional evidence is required and to schedule a hearing if necessary.
The Court shall set such cases for conference in order to determine whether additional evidence is required, and to schedule a hearing, if necessary.
Civil cases
Page 1 | 19.04 Additional Evidence
A summary-judgment opposition with permitted evidence may be filed within 14 days after service, and the movant may reply within 10 days after service of the opposition.
A party opposing a motion for summary judgment made pursuant to Civil Rule 56 may file a brief in opposition with accompanying evidentiary materials (as permitted by Civil Rule 56(C) within fourteen (14) days of service of the motion. The movant may file a reply brief in support of the motion within ten (10) days of service of the brief in opposition.
Page 1 | 7.14 Motions (C) Motion for Summary Judgment
Opposing counsel must file a response stating the grounds relied upon within 10 days after receiving a motion, except a summary-judgment motion.
Within ten (10) days after receipt of a copy of a motion, except a motion for summary judgment, opposing counsel shall prepare and file a response to the motion setting forth statements relied upon in opposition.
Page 1 | 7.14 Motions (A) Form of Motions
The Court may dismiss a case without prejudice if it determines that the plaintiff is not ready for trial.
If, in the Court's opinion, the plaintiff is not ready to proceed with trial, the case may be dismissed without prejudice by the Court.
The Court may award judgment to the plaintiff if the defendant is not ready for trial.
If the defendant is not ready for trial, a judgment may be awarded to plaintiff.
Attorneys should be prepared to address the listed trial-preparation, discovery, evidentiary, settlement, and case-management matters at the pretrial conference, including the stated witness-disclosure caveat and authorities deadline.
At the pretrial conference, attorneys for all parties should be prepared to: (1) discuss factual and legal theories of the case; (2) discuss necessity or desirability of amendments to any pleadings or the filing of any additional pleadings; (3) discuss simplification of issues; (4) make admissions as to facts and genuineness of documents and other exhibits not in dispute; (5) eliminate parties unnecessary to the case; (6) give names of witnesses whom they intend to call at trial, together with a statement of the general nature of the testimony of each witness; if the Court so orders, counsel shall not be permitted to call additional witnesses at trial, except rebuttal witnesses, unless the names and addresses of said witnesses and the general nature of their testimony are furnished, in writing, to opposing counsel of record within a reasonable time prior to trial; (7) give names, addresses and area(s) of expertise of any anticipated expert witnesses; (8) exchange reports of any expert witnesses expected to be called upon to testify at trial; (9) discuss limitations on the number of expert witnesses; (10) provide a list of exhibits to be introduced at trial, and, if required by the judge, produce the exhibits for examination by the judge or parties; (11) furnish an itemized list of special damages and expenses, and a full description of the nature if any injuries for which compensation is claimed; (12) exchange medical reports and hospital records; (13) produce information relative to insurance agreements in accordance with Civ.R. 26(B)(2); (14) discuss necessity of supplementing interrogatory answers or other previous discovery; (15) discuss procedures and time limitations for completion of any additional discovery; (16) discuss whether a view of the premises is appropriate or necessary; (17) discuss possibility of consolidation of cases for trial; (18) consider the possibility of separation of issues, if any, for determination by or to the judge or the jury, and separate determination of the issues of liability and damages; (19) submit and consider authorities on unique or controverted issues, or guarantee their submittal at least two (2) working days prior to trial; (20) fully explore and be authorized to conclude settlement; and, (21) discuss any other matters that may expedite the trial or disposition of the case.
At the judge’s discretion, failures to appear, attorney unpreparedness, or lack of good-faith cooperation at a pretrial conference may result in Civ.R. 37 sanctions, including expenses or attorney fees.
Failure of any attorney or party to appear at a pretrial conference, failure of an attorney to be prepared, and/or failure of any party to cooperate in good faith in the conduct of the pretrial conference, shall render said attorney or party, subject to sanctions as provided by Civ.R. 37, at the judge's discretion. Such sanctions may include an award of expenses and/or attorney fees to any party prejudiced by said failure and any other appropriate sanctions ordered by the Court.
The additional-evidence procedure does not apply to unemployment compensation appeals; the Court may review only the certified record provided by the Review Commission.
This section does not apply to unemployment compensation appeals, as RC 4141.282(H) provides that the only evidence the Court is permitted to review is the certified record provided by the Unemployment Compensation Review Commission.
Civil cases
Page 1 | 19.04 Additional Evidence
Unless the Court orders otherwise, summary-judgment motions are decided on briefs and permitted evidence without oral argument.
Unless otherwise ordered by the Court, motions for summary judgment shall be heard on briefs and accompanying evidentiary materials (as permitted by Civil Rule 56(C) without oral argument.
Page 1 | 7.14 Motions (C) Motion for Summary Judgment
Counsel may request oral argument on any motion, but the assigned judge decides whether to grant it.
Counsel may request oral argument on any motion. However, the granting of such oral argument will be at the sole discretion of the assigned judge.
Page 1 | 7.14 Motions (B) Oral Argument
The assigned judge may rule on a motion after 14 days from filing, or earlier when the interest of justice requires.
At any time after fourteen (14) days from the date of filing of the motion, the assigned judge may rule upon the motion. In the interest of justice, the assigned judge may enter a ruling at an earlier date if so required.
Page 1 | 7.14 Motions (A) Form of Motions
The judge may decide or consider for decision any motion pending when the pretrial conference occurs.
The judge may decide or take under consideration for decision, any motions pending in the case at the time of the pretrial conference.
A party whose claim for relief against them is fully insured need not attend the pretrial conference unless the Court orders otherwise.
If a claim for relief against any party is fully covered by insurance, that party's presence at the pretrial conference is not required unless otherwise ordered by the Court.
The Court may grant a hearing for oral argument if a party requests one.
The Court may grant a hearing for oral arguments, if requested.
Civil cases
Page 1 | 19.05 Hearing
Adjournment & Extension Requirements
The assigned judge may extend the deadline for objections only on written application supported by an affidavit showing facts that make compliance practically impossible.
The time limit established by Civ.R. 53 and Crim.R. 19 for the filing of objections to the magistrate's order/decision may be extended by the assigned judge only upon written application supported by an affidavit stating facts indicating a practical impossibility of compliance.
Page 1 | 18.05 Objections/Appeal to Magistrate's Orders/Decisions
Only the judge scheduled to preside at the pretrial conference may grant a continuance.
Continuances may be granted only by the judge scheduled to preside at the pretrial conference.
A case assigned for trial must proceed on its assigned trial date.
Each case assigned for trial according to the provisions of the rule, shall proceed for trial on the date assigned.
A continuance after a trial date is assigned requires good cause before the assigned judge; the Administrative Judge may consider it only in the specified unavailability and imminent-trial emergency circumstances.
When a case has been assigned a trial date, no continuances may be granted except upon showing good cause to the assigned judge. If the assigned judge is ill, absent from the county, or otherwise unavailable for a period of more than twenty-four (24) hours, to consider a request for continuance, the request may then be made to the Administrative Judge. The Administrative Judge may, upon showing of good cause, grant the continuance. However, such hearing by the Administrative Judge shall be confined to emergencies where the trial date is imminent, and it appears that the assigned judge will be unable to rule on the requested continuance within a reasonable time before the trial date.
Page 1 | 7.12 Continuances
One additional leave to plead of no more than 21 days may be obtained by filing opposing counsel's consent and certifying prior extensions and their total length.
One additional leave to plead may be obtained by a party for a period of not more than twenty-one (21) days by the filing of a stipulation indicating consent by opposing counsel to the leave to plead. In such stipulation, the party obtaining the leave to plead shall certify the number of extensions of time previously obtained by that party in that case, and the total length of time of those extensions.
Page 1 | 7.13 Leaves to Plead (B) Second - By Stipulation
A party may obtain one automatic leave to plead of no more than 21 days by filing a certification that no prior extension or leave was obtained and serving the certification on opposing counsel.
When no previous leave to plead has been taken, a party may obtain one automatic leave to plead by filing a certification stating that no previous extensions or leaves to plead have been obtained by that party in that particular case. Such leave to plead may not be for more than twenty-one (21) days, and a copy of the certification must be served upon opposing counsel.
Page 1 | 7.13 Leaves to Plead (A) First - By Certification
Further leaves to plead require an order of the assigned judge requested by written motion stating the number and total duration of prior extensions.
Except as provided herein, additional extensions of time may be obtained only upon order of the assigned judge. Application for such leaves to plead shall be made by written motion setting forth the number of previous extensions obtained by the moving party and the total length of time of those extensions.
Page 1 | 7.13 Leaves to Plead (C) Additional Extensions
A continuance request for a proposed date within 120 days of referral must go to the mediator; a request for a date more than 120 days after referral must go to the assigned judge.
If a continuance of a scheduled mediation is requested and the proposed new date is within 120days of the initial referral to mediation, then the request shall be made to the mediator. If the requested date is more than 120 days after the referral to mediation, then the request must be made to the judge assigned to the case.
Page 1 | 22.08 Continuances
A trial continuance will not be granted for counsel’s lack of preparedness when counsel failed to attend the pretrial conference.
No trial continuance will be granted on the grounds that counsel is not prepared to go forward if such counsel has failed to attend the pretrial conference.
If counsel cannot proceed on the assigned date, the chair may continue and reset the hearing within 90 days of referral unless the assigned judge orders otherwise.
In the event that counsel for any party is unable to proceed on the date assigned, unless otherwise ordered by the assigned judge, the chairman may mark the case ≴continued≵ and reset it for hearing within ninety (90) days from the date of referral.
Civil cases
Page 1 | 10.06 Inability of Party to Proceed
The Court may extend or otherwise modify the briefing schedule upon motion and a showing of good cause.
For good cause shown, the Court may, upon motion, extend or otherwise modify the foregoing schedule.
Civil cases
Page 1 | 19.03(D) Extensions and Exceptions
Chambers Communication Rules
If a case set for trial settles, trial counsel must immediately notify the Court and file a Stipulation of Dismissal or other appropriate entry as provided by the rules.
If a case that has been set for trial is settled, the trial counsel shall immediately notify the Court, and as provided by these rules, file a Stipulation of Dismissal or other appropriate entry.
Counsel and parties may not communicate unilaterally with arbitrators about the merits before the report and award is filed.
There shall be no unilateral communications by counsel or the parties with the arbitrators concerning the merits of the case at any time prior to the filing of the report and award of the Board.
Civil cases
Page 1 | 10.05 Hearings
Telephone notice to counsel's office from the assigned judge's bailiff is sufficient notice of a hearing's time and place.
Notice by telephone to counsel's office from the assigned judge's bailiff shall be deemed sufficient notice of the time and place of hearing.
Page 1 | 7.14 Motions (B) Oral Argument