Municipal Court

Electronic Filing Rules

STATE OF OHIO, LORAIN COUNTY, SS. - THE LORAIN MUNICIPAL COURT
IN RE: ELECTRONIC FILING

Date: April 2, 2002

ORDER AND ENTRY

The judges of the Lorain Municipal Court adopt the attached local rule of practice for electronic filing of pleadings, motions and other papers with the Clerk of the Lorain Municipal Court.

An immediate need exists for this rule.

In accordance with Rule 5 of the Rules of Superindendence for the Courts of Ohio, the Clerk of the Lorain Municipal Court shall file this local rule and shall serve a copy upon the Supreme Court of Ohio for filing.

Notice of the adoption of the rule and the opportunity to comment until April 30, 2002 shall be posted near and within the office of each judge and magistrate and the civil and criminal divisions of the Clerk of Lorain Municipal Court, along with a copy of the text of the rule. A copy of this local rule and the opportunity to comment until April 30, 2002 shall also be posted on the website for the Court at http://www.cityoflorain.org/municipal_court. Notice shall also be given to the Lorain County Bar Association of the adoption of this rule.

IT IS SO ORDERED.

PC:

Judge Mark Mihok         Judge Gus Nunez

STATE OF OHIO, LORAIN COUNTY, SS. - THE LORAIN MUNICIPAL COURT
IN RE: LOCAL RULE FOR ELECTRONIC FILING

Date: April 2, 2002

The Clerk of the Lorain Municipal Court shall accept for filing electronic transmissions, including, but not limited to e-mail and facsimile transfers, as an alternative method for filing of pleadings, motions and other papers allowed by law to be filed with the Clerk of the Lorain Municipal Court, subject to the conditions contained herein.

A. Each electronic transmission shall include all of the following information in the transmission, except that in the event of a facsimile transfer all such information shall be included on a separate page:

  1. The date of the Transmission;
  2. The name, telephone number, facsimile number and/or e-mail address of the originator of the document;
  3. The caption of the case;
  4. The case number, if assigned;
  5. The title of the document to be filed;
  6. The number of pages being transmitted (exclusive of the cover page).

PAPERS BEING FILED WITHOUT THIS INFORMATION SHALL NOT BE ACCEPTED FOR FILING.

B. Electronic transmissions shall also be subject to the following conditions:

  1. Every pleading and motion filed electronically shall be legibly signed by the originator of the document and other wise complies with Civil Rule 11. An "electronic signature" as defined at R.C. 1306.01(H) shall be sufficient as a "signature". Any signature on electronically transmitted pleadings or papers shall be considered that of the attorney or party it purports to be for all purposes. See instruction B6 below.
  2. Every electronic transmission shall be legible and complete when received.
  3. Every document to be filed shall be transmitted in a format and manner that can be read and downloaded by electronic equipment than in use by the Court.
  4. No electronic filing shall be made of a document which exceeds 8 1/2" X 11" in size.
  5. Every electronic filing shall contain a proof of service when applicable.
  6. One person signing a document to be electronically transmitted on behalf of another without clear disclosure of the agency status on the face of the document or one person causing another's signature to appear on an electronically transmitted document without the person that is identified as signing taking the principal step to the effect the entry of a signature on the document shall be regarded as contempt of court.

PAPERS TRANSMITTED IN VIOLATION OF THIS PROVISION SHALL NOT THE ACCEPTED FOR FILING.

C. The transmitted document shall be deemed and accepted as though it were the original. Neither the original nor duplicates shall be sent thereafter unless ordered. The person filing a document by electronic transmission shall retain the original document and make it available upon request of the Court.

D. All transmissions shall be directed to the Clerk of the Lorain Municipal Court and no notice to the Clerk or approval of the Judge or magistrate shall be required of the transmitter prior to transmission, provided that the transmission complies with this Local Rule and would be appropriately filed in the Lorain Municipal court if personally delivered or mailed through the United States Postal Service.

E. Transmission intended for review, consideration, or signature by a judge or magistrate before filing may be sent to any facsimile or e-mail of the appropriate judge or magistrate, but only after telephone authorization has been given. Electronic transmissions misdirected to the Clerk of Courts may be returned or disposed of.

F. Electronic Transmissions received by the office of the Clerk of the Lorain Municipal Court on a Saturday, Sunday, legal holiday, or after 4:30 P.M. on a business day shall be considered filed on the next business day. The Clerk of the Lorain Municipal Court shall also time-stamp the facsimile copy received or the hard copy of the e-mail, which shall constitute "acceptance" by the Clerk, that is, that the electronic transmission appears to comply with this Local Rule and should be entered accordingly onto the docket.

G. If possible, service of copies of the document to be filed by electronic transmission shall also be accomplished by electronic transmission and notices from the court may also be sent by electronic transmission.

  1. Service of a document by electronic transmission may be made only if the person to be served has consented to receive service of the document by electronic transmission. consent is automatically indicated when the recipient has previously filed or otherwise transmitted a document electronically in the same action. Electronic transmission service made after 4:30 P.M. shall be considered complete on the next business day.
  2. The proof of service for a document served by electronic transmission shall state the facsimile number and/or e-mail address of the person to whom the document was transmitted and both the date and time of transmission.
  3. If a person has consented to service by electronic transmission and the transmitter receives notice in any manner that the transmission was incomplete for any reason, the transmitter shall promptly notify the person by telephone of the problem and service shall be accomplished as otherwise authorized by law. If necessary, the transmitter shall file an amended proof of service and its grounds.
  4. A party who has consented to service by electronic transmission but who can no linger receive service by electronic transmission shall be required to promptly notify the Court and all parties to the action in writing, setting forth the grounds.

H. If the Clerk of Courts finds that a document received by electronic transmission should not be filed for any reason, e.g. illegible, incomplete, or otherwise in violation of the Local Rule, the Clerk shall not time-stamp the document, unless directed by the Judge or Magistrate. The clerk shall make reasonable effort to contact the originator or the facsimile or computer operator at the telephone number in the transmission to advise that it has been rejected for filing. The Clerk of Courts shall not be required to return the documents transmitted, but may dispose of them after telephone, facsimile or e-mail notice of rejection is attempted on the party. If a document presented for filing is rejected, the attorney or party who transmitted the document for filing shall promptly notify all parties served with a copy of the document that the document was not filed in the case.

I. If the Judge or Magistrate finds the a electronic transmission that has been accepted by the Clerk for filing violates this Local Rule, the Court may strike the filing or may disregard the transmitted document in rendering a determination, decision, or order with respect to which the transmitted document would otherwise be relevant.

J. The transmitting party shall be solely responsible for ensuring that the document transmitted complies with these Local Rules in every respect and for monitoring the progress of the transmission, receipt filing and consideration. An omission or deviation from this Local Rule that results inn the transmission not being considered by the Court shall not be a basis for reconsideration unless the transmitting party demonstrates the exercise of reasonable diligence in compliance with this Local Rule.

K. The person transmitting the document may request a hearing as to compliance with this Local Rule if the transmitted document had been rejected by the Clerk or stricken by the court order and, if compliance has been shown, an appropriate order may be issued to deem the document timely filed.

L. Any document electronically filed that requires a filing fee may be rejected unless the filer has paid the fee prior to transmission by advance deposit, credit card, or other mechanism approved by the Clerk of the Lorain Municipal Court or has previously or concurrently filed a motion to waive the prepayment of costs based upon indigency.

M. The requirements may be waived or modified within the discretion conferred by law upon the Clerk of the Lorain Municipal court.

IT IS SO ORDERED.

PC:

 

Judge Mark Mihok         Judge Gus Nunez