Login | November 20, 2017

RULES OF PRACTICE AND PROCEDURE

of the
COURT OF COMMON PLEAS
GENERAL DIVISION

of
SUMMIT COUNTY, OHIO


7. CASE ADMINISTRATION AND DISPOSITION

7.01 Method of Assignment

Judges shall be responsible for the trial and disposition of all civil and criminal cases assigned to their dockets. The judge assigned to a case by lot shall have primary responsibility for the determination of every issue and proceeding in the case until its termination or reassignment.

7.02 Civil Cases

There shall be, for case administrative purposes within the Common Pleas Court – General Division, two classifications of civil cases – Foreclosure cases, which are so designated and otherwise addressed in Local Rules of Practice and Procedure, Local Rule 11, and all other civil cases filed with this Division.

The Clerk of Courts shall establish and maintain a tracking system where all foreclosure cases can be identified by case number so case administration of foreclosure cases can be tracked as a separate category of civil cases from all other civil case filings.

At the time of filing a complaint, the Clerk shall, through its electronic filing system, accept for filing all civil cases and cause an assignment of judge by the electronic random selection process. The assigned judge’s name will be stamped on all documents submitted through the electronic filing system.

A party who cannot file their cause electronically must file a request to be exempt from electronic filing and must state the reason for the requested exemption. The request must be approved by the duty judge or judge of assignment.

7.03 Criminal Cases

When a bindover from a Municipal Court or a Bill of Information is received by the Clerk, the Deputy Clerk shall give it a case number, stamping the number on the case file and the transcript.

Upon receipt of the assigned case file from the Clerk, the Criminal Assignment Administrator shall prepare the case for assignment.

The Criminal Assignment Administrator shall maintain a computer listing of the names of all Trial Judges of the General Division of this Court. At the time of arraignment, the Criminal Assignment Administrator shall cause the computer to assign a Trial Judge, at random, with due regard for other prior or pending criminal cases. Assignments shall continue, at random, until each case has been assigned.

In the case where a defendant is charged with a new criminal offense by indictment and the defendant has then pending an existing criminal case assigned to a court in the General Division that has not been finalized by dismissal or sentencing, or has then pending a probation violation set or to be set for disposition by a court in this Division, then in such circumstances, the defendant's new case shall be assigned to the court where the defendant's current criminal case is assigned; that being either the court of assignment on the earlier case or the court which is to address the probation violation. Such Rule is in harmony with Local Rule 21.03(a) and 21.04, as well as the Ohio Supreme Court Rule of Superintendence 36(B)(2).

7.03 (A) SUMMIT COUNTY TURNING POINT PROGRAM

(A) Establishment of Summit County Turning Point Docket

In order to facilitate efficient and effective treatment of alcohol and drug addicted offenders, Judge Thomas A. Teodosio of Summit County Common Pleas Court General Division overtook the Felony Drug Court Program on January 1, 2009. During the Summer of 2013, the Felony Drug Court underwent restructuring in order to meet the Certification Standards of the Ohio Supreme Court. With the restructuring, Felony Drug Court was re-titled "Turning Point".

The goals of the Felony Drug Court are to have a sixty percent (60%) successful twelve (12) month completion rate for Track 1 participants and a fifty percent (50%) successful twelve (12) month completion rate for Track 2 participants.

(B) Placement in Summit County Turning Point Program

Offenders will enter Summit County Turning Point Program via two (2) Tracks. Track 1 will consist of Intervention in Lieu of Conviction Participants. Track 2 will consist of felony probationers.

The assigned Judge will refer Offenders for screening into the Program.

After referral has been made, the potential Offender will be given the application and scheduled to meet with the Turning Point Probation Officer.

The legal criteria for referral to Summit County Turning Point Program pursuant to this Rule shall be as follows:

  1. Offender that is placed on Community Control for a felony offense or;
  2. Noncompliant Intervention in Lieu of Conviction Participant where alcohol and/or drug use is directly related to noncompliance or;
  3. Community Control Violator where alcohol and/or drug use is directly related to noncompliance and;
    1. Offender must be assessed and diagnosed as chemically dependent by an approved alcohol and drug treatment provider and have a level of care recommendation of Intensive Outpatient Treatment or higher;
    2. Offender is determined to meet the following risk level utilizing the Ohio Risk Assessment System (ORAS);
      1. Female:
        Low/Moderate
        Moderate
        High
      2. Male:
        Moderate
        High
        Very High
    3. Offender must be mentally competent and have the developmental capacity to adhere to the participation requirements.

The clinical eligibility criteria for consideration for the Summit County Turning Point Program pursuant to this Rule shall be the following:

  1. Offender has a history of alcohol/substance use/abuse;
  2. Offender must complete an alcohol/drug assessment;
  3. Offender is diagnosed with substance dependence (Axis I); and
  4. Offender must have the developmental capacity to complete the Felony Drug Court Program.
  5. Offender is on felony community control, post release control or parole with another jurisdiction;
  6. Offender is not a resident of Summit County or an adjoining county.

Once an Offender is determined to meet the legal and clinical eligibility for participation in the Summit County Turning Point Program, the treatment team will review all collateral information gathered. A decision will be made regarding acceptance and/or admittance in the Summit County Turning Point Program. The Summit County Turning Point Judge has the discretion and is the final decision maker regarding acceptance into the Program.

(C) Summit County Turning Point Docket Case Management

The Summit County Turning Point Program is a specialized docket established to assist chemically dependent offenders on their road to recovery, by providing services and programming to address their specific needs. Services and programming are more specifically outlined in the Turning Point Program Description, Turning Point Program Handbook and Turning Point Participant Agreement. Services may include participation in the following:

  1. Residential treatment;
  2. Intensive outpatient treatment;
  3. Individual treatment sessions;
  4. Gender specific programming;
  5. Family therapy;
  6. Medication;
  7. Medication monitoring;
  8. On-going mental health treatment;
  9. Case management;
  10. Education;
  11. Vocational Training;
  12. Employment;
  13. Transportation;
  14. Anger Management;
  15. Criminal Thinking;
  16. Housing;
  17. Parenting classes;
  18. Domestic Violence programming; and
  19. Physical, mental and dental health.

(D) Termination from the Summit County Turning Point Docket

Offender may be terminated from the Summit County Turning Point Program if he/she meets any of the following criteria:

  1. Ongoing noncompliance with treatment or resistance to treatment;
  2. New criminal conviction;
  3. Any specialized docket infraction or series of infractions; and
  4. A probation violation.

If Offender is unsuccessfully terminated from the Summit County Turning Point Program he/she is subject to the following actions:

  1. A motion to revoke his/her community control may be filed and Offender will proceed through the revocation process;
  2. Offender may be subject to the imposition of other penalties or incarceration; and
  3. Offender will be ineligible to participate in the Turning Point Program for a period of five (5) years.

Rule 7.03 (B) DOMESTIC VIOLENCE COURT

(A) Establishment of Domestic Violence Specialized Docket

In order to coordinate and integrate treatment, education, employment and other services with intensive monitoring and supervision in the context of community control, the Court has created the Domestic Violence Court Specialized Docket according to the requirements set forth in Superintendence Rule 36.20 through 36.29. This specialized docket began operation on October 3, 2011. The goals and objectives of this specialized docket are as follow: to ensure an immediate, certain and consistent response to intimate partner domestic violence crimes by requiring participants to attend batterer intervention programming and substance abuse monitoring where indicated; enhanced defendant monitoring and victim advocacy; enhanced accountability for participants; intense monitoring and continuous judicial supervision of participants’ compliance with protection orders; ongoing evaluation of the court process and effectiveness through monitoring of outcome, victim contact and partner feedback; and provide a coordinated response by social service and criminal justice agencies and increased information sharing between the Court and the community.

(B) Placement in Domestic Violence Specialized Docket

In order to qualify for the Domestic Violence Court Specialized Docket, participants must be convicted of a qualifying felony domestic violence charge and meet other criteria of eligibility associated with the program. The specialized docket accepts participants to be placed on the specialized docket where they are given a chance to enter and complete the program as opposed to serving their prison sentence. The following are the criteria for placement on the specialized docket:

  1. Participant convicted of felony domestic violence offense as defined by Domestic Violence/S.A.F.E. Unit;
  2. Participant is high or moderate risk level as determined by pre-screen and/or assessment;
  3. Participant is not subject to term of mandatory prison by the Ohio Revised Code;
  4. Participant has not completed the Municipal Court Domestic Violence Program within the preceding three (3) years;
  5. Participant is physically able to participate in program and attend treatment;
  6. Participant has transportation;
  7. Safety of victim;
  8. Participant has not previously completed the 52 week BIP program within the preceding five (5) years;
  9. Participant acknowledges and accepts responsibility for his/her violent behavior;
  10. Mental health diagnosis;
  11. Sex offender.

The Domestic Violence Specialized Docket is an intensive program where each case is reviewed individually and potential candidates are assessed as to the risk they pose to re-offend and the safety of the victim. The written criteria do not create a right to participate in this specialized docket. The Judge shall have discretion to decide the admission into and termination from this specialized docket. The following factors assist in the selection process and help define guidelines needed to identify candidates for eligibility; victim input, strangulation, degree of felony, use of weapons, prior convictions, result of pre-screen and risk assessment tools, prior treatment history of victim and participant, completion of programs in other courts, drug/alcohol use, mental health issues, age of participant and victim, other pending charges, previous prison sentence, any and all aggravating/mitigating circumstances, participant honestly wants to participate to work toward rehabilitation and displays a motivation to change his/her behavior, sex offender status.

It is expected that some participants referred to the program will have mental illness diagnoses. This may disqualify the participant from participation as the program may not be equipped to handle certain disorders. Similarly, sex offenders may be disqualified from participation.

Placement on the Domestic Violence Court Specialized Docket may be considered as an option for early release/judicial release. In order to have his/her criminal case placed on the specialized docket of the Summit County Domestic Violence Court, a criminal defendant shall be assessed by a Domestic Violence Specialist Probation Officer to determine if he/she meets the criteria for participation on the specialized docket. At the time when an offender is serving a sentence the person may be released early from incarceration on the condition that he/she successfully completes the Intensive Supervision Program. The completed pre-screen and assessment is submitted with preliminary recommendations to the treatment team for collaborative review and to make written and/or verbal recommendations to the Domestic Violence Court Specialized Docket Judge that includes acceptance or denial of participation in the specialized docket. Incarcerated participants may be pre-screened and assessed at the jail or during call days as the Probation Officer’s schedule permits. The specialized docket Judge has discretion to decide admission into the program.

The pre-screening process begins upon request by the Prosecutor. All participants referred are pre-screened by a Domestic Violence Specialist Probation Officer to determine if they qualify prior to an assessment. The pre-screening interview and investigation helps to screen potential candidates who may or may not meet the criteria and eligibility for placement. The pre-screening process allows needed information to be collected on all referrals including criminal history, residency, education, employment, family, medical, mental health and substance abuse. All chemical dependency, mental health and other programming assessments will include available collateral information to ensure the accuracy of the assessment.

The Summit County Domestic Violence Court Specialized Docket can effectively monitor and treat no more than one hundred (100) participants as long as at least two (2) Domestic Violence Specialists are assigned to this Court through the Summit County Common Pleas Adult Probation Department.

(C) Domestic Violence Specialized Docket Management

All case management action for cases on the Domestic Violence Court Specialized Docket shall be according to the specific procedure set forth by the Court including those procedures outlined in the program description, participant handbook and participation agreement which are incorporated as if fully rewritten herein. The Judge presiding over the specialized docket shall have the primary responsibility for case management.

(D) Termination from Domestic Violence Specialized Docket

There are two (2) types of termination criteria, unsuccessful and neutral discharge. A participant may be given a neutral discharge should any of these criteria apply to him/her: serious medical condition; serious mental health condition; death and/or any other factor that may keep the participant from meeting the requirements for successful completion.

A participant may be terminated unsuccessfully for any of the following: ongoing noncompliance with treatment or resistance to treatment; new serious criminal convictions; a serious specialized docket infraction or series of infractions; and/or a serious probation violation or series of probation violations. If an individual is terminated from the Domestic Violence Specialized Docket, then his/her case shall be returned to the regular docket in the Domestic Violence Court and scheduled for a sentencing hearing.

7.03(C) RE-ENTRY COURT

(A) Establishment of Re-Entry Court Dockets

The Re-Entry Court Dockets were established in 2006 to serve a target population of adult felony offenders granted judicial release. The goals of the Re-Entry Court are:

  1. To provide an intense and structured level of supervision and counseling services to adult offenders granted a period of judicial release;
  2. To demonstrate measurable progress in achieving treatment-service goals prior to successful release;
  3. To reduce the rate of recidivism and the rate of return to prison.

These goals will be accomplished by frequent judicial interaction with participants and intensive case management within the criminal justice system and the community.

(B) Criteria for Eligibility

Upon the filing of a motion for judicial release, candidates who meet the following criteria will be considered for participation in Re-Entry Court:

  1. Must be statutorily eligible for judicial release;
  2. Ideally will have a minimum of twelve (12) months remaining on the sentence. However, participation of those with lesser sentences remaining shall be at the discretion of each Re-Entry Court Judge.
  3. Must have demonstrated positive behavior while in prison;
  4. Must be physically, mentally and geographically able to complete the program requirements as assessed by the screening process.

Potential participants are ineligible for Re-Entry Court if any of the following exist:

  1. The offender is actively working as a police informant;
  2. The offender is a registered Tier II Sex Offender.

(C) Assignment of cases from a non Re-Entry Court Docket to a Re-Entry Court Docket.

The goals of Re-Entry Court are best met when each Judge presiding over a Re-Entry Court docket is able to spend quality time with the participants. As such, assignment of cases from non Re-Entry Court dockets shall be made in a manner designed to maintain balance within the Re-Entry Court dockets.

If, after holding a Phase I Judicial Release hearing, any Judge who does not preside over a Re-Entry Court docket determines that a defendant would be an appropriate candidate for Re-Entry Court, that Judge shall order that the defendant be returned from prison and shall notify the designated Re-Entry Court Probation Officer that the defendant is to be screened for Re-Entry Court.

The designated Probation Officer shall maintain a current list of the Re-Entry Court dockets. After screening of the candidate is completed, the designated Probation Officer shall request that the Re-Entry Court Judge with the lowest Re-Entry docket accept the candidate for admission into Re-Entry Court. If that Judge declines to accept the candidate, then the Probation Officer shall contact the Judge with the next lowest Re-Entry Court docket and shall continue to do so until request has been made to all the Judges presiding over a Re-Entry Court docket. If a candidate is deemed unsuitable by all the Re-Entry Court Judges, then the Probation Officer shall notify the original Judge of that decision and the case shall be returned to the original Judge for further action.

If a candidate is found to be suitable for Re-Entry Court, then the designated Probation Officer shall contact the Bailiff of the Court accepting the candidate for Re-Entry Court to schedule the Phase II Judicial Release hearing.

If a person participating in Re-Entry Court is indicted with a new Summit County Common Pleas Court case, the new case shall be assigned to the Judge who first presided over the participant’s original case.

(D) Re-Entry Court Case Management

The Re-Entry Court dockets serve a target population of adult felony offenders granted judicial release. Re-Entry Court provides an intense and structured level of supervision and counseling services to participants, with a goal toward reducing the rate of recidivism and the prison return rate. Services and programming are more specifically outlined in the Re-Entry Court Description, the Re-Entry Court Handbook, and the Re-Entry Court Participation Agreement. Services may include participation in the following:

  1. Residential Settings;
  2. Substance Abuse Treatment;
  3. Education and Vocational Services;
  4. Employment Assistance;
  5. Cognitive Skills Programming;
  6. Referral to medical, mental health and social service providers;
  7. Trauma-informed programming;
  8. Housing referrals;
  9. Case Management Services.

(E) Termination from Re-Entry Court

A participant may be unsuccessfully terminated from Re-Entry Court if any of the following factors apply:

  1. Ongoing non-compliance with programming or resistance to programming;
  2. New felony conviction;
  3. Any Re-Entry Court rule infraction or series of infractions.

If a participant is unsuccessfully terminated from Re-Entry Court, judicial release shall be terminated and the original sentence shall be imposed.

A participant may be neutrally discharged from Re-Entry Court if any of the following factors apply:

  1. After admission into re-Entry Court, the team determines that a willing participant is unable to meet the requirements due to mental or medical conditions;
  2. Death;
  3. Capias.

A participant is deemed to have successfully completed Re-Entry Court when he/she has:

  1. Demonstrated abstinence from alcohol and drugs, evidenced by submitting negative alcohol tests and urine drug screens, for a period of sixteen (16) weeks prior to completion;
  2. Attended sober support group meetings, if applicable;
  3. Displayed a change in thinking, attitude and beliefs;
  4. Successfully completed all programming;
  5. Maintained consistent employment;
  6. Demonstrated the ability to identify and eliminate criminal thinking patterns, evidenced by no new convictions for a period of sixteen (16) weeks prior to completion;
  7. Displayed responsibility for his/her behavior;
  8. Paid all court obligations in full; and
  9. Been an active participant in Re-Entry Court for a minimum of fifty-two (52) weeks.

(F) Successful Completion of Re-Entry Court

Upon successful completion of Re-Entry Court, the participant is released from supervision and community control is terminated.

7.04 Form of Pleadings

(A) Size and Style

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. All papers shall remain in the Clerk's office except when required by the Court.

(B) Form for Initial Caption

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.

(C) Certificate of Service

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.

(D) Attorney Registration Number

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.

(E) Personal and Private Information in Documents filed with the Clerk of Courts

  1. Personal and private information includes, but is not limited to:
    1. Social Security Numbers
    2. Financial account numbers
    3. Names of Minor Children
    4. Information protected by law from public disclosure
  2. 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.
  3. 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:
    1. 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.
    2. Financial Account Numbers: If financial account numbers are relevant, only the last four digits of these numbers should be used.
    3. Names of Minor Children: If the involvement of a minor child must be mentioned, only the initials of the child should be used.
    4. The responsibility for redacting these personal identifiers rests solely with counsel and their parties. The Clerk will not review each document for compliance with this rule.
  4. 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.
  5. 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.

(F) Written Deposition Transcripts Filed Electronically

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.

(G) Filing of Audio/Video of Deposition Transcript

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.

(H) Electronic Filing of Court Documents

  1. Internet Electronic Filings
    1. 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.
    2. 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.
  2. All Electronic Filings shall be Subject to the Following Conditions
    1. Definitions: The following terms in this Rule shall be as follows:
      1. Electronic Filing (“e-filing” or “efiling”): The process of transmitting a digitized source document electronically via the Internet to the Clerk’s office for the purpose of filing the document and refers, as indicated by the context, to the means of transmission or to a document so transmitted.
      2. Court Initiated Filings: Official Court documents entered into the docket or register of actions, such as notices or orders. The term “Court initiated filings” is a simplification to indicate that documents will be submitted as part of the electronic court record, but could be submitted using exactly the same process as external filings if the Court so desires.
      3. Electronic Mail (email or e-mail): Messages sent by a user and received by another through an electronic service system utilizing the public Internet.
      4. Source Document: The document created and maintained by the filer which is then electronically transmitted to the Court.
      5. Original Document: The transmitted copy of the source document received by the Clerk of Courts that becomes part of the court record and is maintained in the Court's file.
      6. Date and Time of Filing: The date and time the Clerk of Courts has received the entire transmission of the filing, unless rejected. (See filing acceptance below.)The date and time of receipt will be indicated on the sender's computer screen after the document has been uploaded to the Clerk of Courts.
      7. Electronic Service (“eService”): The electronic transmission of an original document to all case participants who are registered users of the Court’s eFile system via the eFile system. Upon the completion of any transmission to the eFile system, an electronic receipt shall be issued to the sender acknowledging receipt by the eFile system.
      8. Electronic Signature: An electronic sound, symbol or process that is attached to, or logically associated with, an electronic record and that is executed or adopted by a party with the intent to sign the electronic record. Or signatures by an attorney or party indicated by the typewritten name of that person preceded by “s/”.
      9. Vexatious Litigators: Individuals who have been declared vexatious litigators pursuant to R.C.§2323.52.
      10. Personal Identifiers: Shall have the same meaning as provided in Sup. R.44(H).
    2. Application of Rules and Orders: Unless modified by approved stipulation or order of the Court or a judicial officer, all applicable Federal Rules of Civil and Criminal Procedure, Ohio Rules of Civil and Criminal Procedure and Local Rules, and orders of the Court shall continue to apply to documents electronically filed.
    3. Filings: 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.
      1. 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.
      2. Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the Court shall order the filing stricken.
      3. All complaints in criminal cases shall comply with Ohio Crim.R. 3.
      4. All documents containing notarizations shall be electronically filed only as a hand-signed scanned PDF document. The notary seal shall be visible.
    4. Filings Not Accepted: Civil Protection Orders, Anti-Stalking Petitions, Miscellaneous Court Actions including Discovery Actions, Garnishments, Attorney Fee Applications, Sealed Cases, Certificate of Qualifications for Employment Actions, Court of Claims Complaints, Notary Public Commission or Notary Public Verification.
    5. Hours of Operation: Electronic filings may be submitted at any time. The electronically filed document will be considered filed as of the date and time that the Clerk of Courts receives the entire transmission. All electronically filed documents shall receive a confirmation date and time acknowledgement. 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.
    6. Document Format: Documents submitted must be in a digitized format specified by the Clerk of Courts as set forth in the online guide to electronic filing.
      1. Size of Filing: 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.
      2. Proposed Entries and Orders: Proposed Entries and Orders must be submitted in Microsoft Word (.doc or .docx) format and reference the specific motion to which it applies. The eFiling system will electronically transmit the proposed orders to the assigned Judge or Magistrate.
      3. Attorney/Filing Party Signature: eFiled documents that require the signature of the attorney or filing party shall be signed with a conformed signature of “/s/ [name].” The correct format for an attorney’s conformed signature is as follows:
        			s/ Attorney Name
        			Typed Attorney Name
        			Ohio Supreme Court Number/Bar Number 1234567
        			Attorney for [Plaintiff/Defendant] XYC Corporation
        			Law Firm Name
        			Address (Full Address)
        			Telephone
        			Email Address
        			Fax Number
        
      4. Signatures: The conformed signature on an eFiled document is deemed to constitute a signature on the document for the purposes of signature requirements imposed by the Ohio Rules of Superintendence, Rules of Civil Procedure, Rules of Criminal Procedure and any other law.
      5. Multiple Signatures: When a stipulation or other document requires two or more signatures, the filer shall:
        1. confirm that the content of the document is acceptable to all persons required to sign the document;
        2. indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line; and
        3. eFile the document, indicating the signatories, e.g., /s/ Jane Doe, /s/ John Smith, etc.
      6. Original Signatures: Documents requiring an original signature, such as an affidavit or other notarized documents shall be eFiled as a .pdf.
        1. The filer shall maintain the signed document in the filer’s records and have it available for production upon request of the Court.
        2. 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.
      7. Signature of Judge or Judicial Officer: eFiled documents may be signed by a Judge or judicial officer via a digital signature. All orders, decrees, judgments and other documents signed in this manner shall have the same force and effect as if the Judge had affixed his or her signature to a paper copy of the order and journalized it.
    7. Personal and Private Information in Documents Filed with the Clerk: Personal and private information includes, but is not limited to, social security numbers, financial account numbers, names of minors, information protected by law from public disclosure, and driver’s license or other personal identification numbers.
      1. 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.
      2. Redaction: If personal and private information is necessary and must be included in a document, the filer shall redact the personal and private information from the document in the following manner:
        1. 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.
        2. For minors, only the child’s initials shall be included.
        3. For any other personal or private information, the information shall be replaced with “[REDACTED]”.
      3. Responsible Party: 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.
      4. Sealed Documents: 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”).
    8. Exceptions to eFiling
      1. Exhibits, attachments, or other documents that may not be comprehensibly viewed in a .pdf shall be filed in their physical form with the Clerk.
      2. 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. 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.
  3. Time, Effect and Process of eFiling
    1. Submission: Any filing may be eFiled with the Clerk 24 hours a day, 7 days a week.
    2. Receipt: Upon receipt, the Court’s eFile system shall issue a confirmation that the submission has been received.
    3. Clerk Review: After Clerk Review, a filer will receive notification from the Clerk that the submission has been accepted or rejected by the Clerk.
      1. 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.
      2. If the submission is accepted, the document shall be docketed and filed.
    4. Official Time Stamp: 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.
  4. Service
    1. Instructions for Service: 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.
    2. Complaint and Related Documents in Civil Cases:
      1. 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.
      2. 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.
      3. The Clerk shall issue a summons and process the method of service in accordance with the Ohio Rules of Civil Procedure.
    3. Documents Filed Subsequent to Complaint:
      1. 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.
        1. 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.
        2. 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.
        3. 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.
      2. Entries and Orders
        1. The Court’s eFile system shall generate a Notification of Electronic Filing for all entries and orders signed by the Judge. This Notification of Electronic Filing shall constitute service under Civ. R. 5 and Crim. R. 49.
        2. 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.
    4. Certificate of Service: 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].”
    5. Service Date and Time to Respond or Act: 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.
    6. Failure of eService: 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.
  5. Disposition and Maintenance of Source Documents
    A document electronically filed shall be accepted as the original filing, consistent with Ohio Revised Code Civ. R. 5(E) and Crim.R. 12(B) if the person filing electronically complies with all of the requirements set forth in this Local Rule. The person filing electronically need not file any original copy with the Clerk of Courts but must maintain the source document in his or her records, and have available for production on request by the Court, the Clerk of Courts or other counsel, the signed source document that was electronically filed. The filer must maintain this source document for five years after the final disposition of the case, including final disposition of all appeals.
  6. Public Method of Access to Electronically Filed Public
    Members of the public can obtain copies of or review electronically filed documents in the same manner as documents filed on paper. Public access to electronically filed public documents will be available via the Internet web site of the Clerk of Courts as soon as the Clerk of Courts has processed the document. If Internet web site access is unavailable or is not provided by the Clerk of Courts, or if the Clerk of Courts is prohibited by the Court or by any law from making the document available via the Internet web site, the document will be available at one or more offices of the Clerk of Courts, either by computer terminal or in paper form in the case jacket or on microfilm. However, if a document or case record is sealed or expunged it is unavailable for public disclosure.
  7. User or Technical Errors
    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.
  8. Operating Procedures and Instructions
    The Clerk of Courts is authorized to prepare and maintain operating procedures and instructions for electronic filing. These are available online at the Clerk’s website.

7.05 Copies

All filings in criminal cases shall include an original and two (2) copies.

7.06 Security for Costs

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. When, in the opinion of the Clerk, the security deposit tendered or the documents offered for filing are not in compliance with the rules of this Court, the Clerk may require the party to secure the approval or direction of the Court before accepting the security deposit or documents. If the matter concerns a pending case, approval shall be obtained from the judge to whom the case is assigned. If the matter is not yet a pending case, approval shall be obtained from the Administrative Judge.

7.06 (A) SUMMIT COUNTY COMMON PLEAS COURT SCHEDULE OF FILING FEES

Effective January 1st, 2014.

CIVIL FILING FEES
Adding New Party Plus Service of Summons ($25.00 each) $25.00
Appeal from Lower Court $325.00
Arbitration Appeal/deNovo (Includes $230 which is non-refundable) $280.00
Assignment of Judgment (per page) $2.00
Authentication of Record $4.00
Bank Attachment (100%) $120.00
Certificate of Judgment Lien $55.50
Certificate of Judgment for Transfer $5.00
Certified Copies (per page) $1.00
Civil Complaint Plus Service of Summons ($25.00 each) $325.00
Computer Docket Printouts (per page) $0.10
Copies (per page) $0.10
Counterclaim $150.00
Cross Claim $150.00
Foreclosure Plus Service of Summons ($25.00 each) $375.00
Foreclosure with Publication Plus Service of Summons ($25.00 each) $395.00
Foreign Judgment Plus Service of Sumons ($25.00 each) $275.00
Intervenor's Complaint Plus Service of Summons ($25.00 each) $75.00
Jury Demand Fee $0.00
Liquor Appeal Plus Service of Summons ($25.00 each) $275.00
Mandatory Order $120.00
Miscellaneous Discovery Actions $125.00
Notarial Certificates (each) $2.00
Order of Sale $620.00
Order of Sale with Reappraisal $770.00
Partial Release of Judgment Lien $5.00
Petition and Order for Court Ordered Title $115.00
Publication $20.00
Recording of Notary Public $6.00
Release of Judgment Lien $5.00
Revivor of Judgment $40.00
Service of Summons $25.00
Subpoena for Medical Records $3.00
Subpoena (Outside Summit County) $20.00
Supplemental Complaint Plus Service of Summons ($25.00 each) $25.00
Third-Party Complaint Plus Service of summons ($25.00 each) $75.00
Wage Attachments (Garnishment) $120.00 Payable to the Clerk of Courts $120.00
Writ of Execution $150.00
Writ of Possession $150.00
CRIMINAL FILING FEES
BCI/FBI Fingerprint Background Check $60.00
BCI Fingerprint Background Check $32.00
Certified Copies (per page) $1.00
Computer Docket Printouts (per page) $0.05
Copies (per page) $0.10
Sealing of Records $100.00

7.06 (B) Poverty Affidavit

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.

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.

Once the case is assigned to a trial court, the trial judge may, at any time in the proceedings, make further inquiry into the sufficiency or credibility of the Affidavit, or otherwise hold a hearing on the party's ability to pay the cost as referred to above. Should the trial court find that the Affidavit lacks credibility or veracity, the court may order the party filing such Affidavit to forthwith pay all such cost waived initially by the filing of the Affidavit, and if not done, then enter adverse judgment as to that party up to and including dismissal with prejudice.

7.07 Responsibility for Costs

All entries or orders terminating or dismissing any case shall designate the party responsible for payment of court costs. No extraordinary items shall be taxed to costs unless approved, in writing, by all counsel, or by order of a judge. Any request to tax as costs, except as stated herein, shall be returned to the sender.

7.08 Application of Deposit

The Clerk is authorized to apply plaintiff's deposit to the costs when, after ninety (90) days from the date of final termination of the case, all attempts to collect the costs from the defendant have failed.

7.09 Disqualification of Judge

In the event a judge is disqualified for any reason to sit on an assigned case, the judge shall, by making the appropriate entry in the record of the case, refer the case to the Administrative Judge for reassignment. The Administrative Judge shall keep a reassignment schedule and shall order the case transferred to another judge.

Any judge appointed or elected to succeed another judge shall assume the cases assigned to the predecessor. In the event of the protracted illness of a judge or the unduly prolonged time for trial of some unusual assigned case(s), the Administrative Judge may order such reassignment of cases to another judge of the division or to a visiting judge as necessary.

7.10 Refiled Cases

Unless otherwise ordered by the Administrative Judge, civil or criminal cases that have been dismissed and are subsequently refiled, shall be transferred to the docket of the judge to whom the case was assigned at the time of dismissal.

If a case is dismissed and subsequently refiled, the refiled complaint shall contain under the case number the statement: “This is a refiled case”, and the name of the judge to whom it was previously assigned. The case shall remain assigned to that judge.

7.11 Reassignment of Cases

The Administrative Judge may reassign any case in furtherance of justice or to facilitate the orderly and efficient disposition of cases pending before the Court. Upon the reassignment of any case, the Clerk shall enter the name of the reassigned judge upon the jacket and trial docket sheet of the case.

7.12 Continuances

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.

7.13 Leaves to Plead

In all cases, a party desiring a leave to plead shall adhere to the following procedures:

(A) First - By Certification

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.

(B) Second - By Stipulation

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.

(C) Additional 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.

7.14 Motions

(A) Form of Motions

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. 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. Every motion so filed shall be deemed submitted and shall be determined upon the written statements of reasons in support or opposition, as well as the citation of authorities. 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.

(B) Oral Argument

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. If oral argument is granted, it will be heard at a time set by the assigned judge. 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.

(C) Motion for Summary Judgment

(1) 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. 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. Additional reply briefs may only be filed with leave of the Court only upon a showing of good cause.

(2) 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.

(D) Assignment of Hearings

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).

7.15 Orders and Judgments

No judgments or orders of any nature shall be made in a case except by a judge, to whom the case has been assigned, or the Administrative Judge. If the assigned judge is unavailable, any judge of the General Division may sign such orders where counsel for all parties have agreed and affixed their signatures thereto.

7.16 Order Not Constituting a Judgment

The written finding of the Court following the Court's decision on any matter in controversy during the pendency of any case not constituting a judgment as defined by Civ.R. 54(A), shall be considered for all purposes to be the order of the Court. In the event further motions or pleadings are required by the Ohio Rules of Civil Procedure to be filed within a specified time following an order, such time period will be calculated from the date upon which the finding was mailed to counsel or to a party, if not represented by counsel.

7.17 Judgment Orders

Upon a finding by the Court on a matter described by Civ.R. 54(A), or upon the rendering of a verdict by a jury, a written judgment order conforming to the finding or verdict shall be prepared and filed as follows:

(A) Approved by Counsel

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.

(B) Proposed Judgment Orders

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.

(C) Order Entered by the Court

At any time, the Court may enter its own judgment order.

(D) Post-Verdict Motion Practice

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.

Hearings on the submitted proposal and a judgment rendered thereon must be made within sixty (60) days of said finding or verdict, whenever possible, unless the Court and parties agree otherwise.

(E) Post-Judgment Motion Practice

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. The Court may conduct a hearing after allowing the parties the general discovery provisions under the Ohio Rules of Civil Procedure concerning such motions and hearings.

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. 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.

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.

(F) Other Post-Judgment Motions

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. The Court may conduct hearings on these motions and shall render its decision within sixty (60) days of the entry of judgment whenever possible, unless the parties agree otherwise.

7.18 Dismissal of Civil Cases

Each judge shall review or cause to be reviewed quarterly, all assigned cases which have been on the docket for six (6) months and in which no proceedings have taken place. When the assigned judge's docket reveals no activity in the previous six (6) months and no assigned trial date, such cases shall be published for dismissal with mail notice to all counsel. On the date assigned, the case shall be dismissed, or upon showing good cause, set for trial or other disposition as ordered by the Court, all in accordance with C.P.Sup.R. 7 through 9.

7.19 Record of Case Assignment

The Civil Administrator and the Criminal Assignment Commissioner shall each maintain a current file of all cases assigned to each judge so that a complete docket of pending civil and criminal cases is available at all times to each judge. The Civil Administrator shall maintain a trial assignment book of all trial and pretrial dates for each judge, unless otherwise ordered by the assigned judge.

7.20 Withdrawal of Counsel

It is contemplated that counsel who has entered an appearance in a case shall remain in the case until concluded. However, upon written motion for leave to withdraw from the action for good cause shown, the Court may permit counsel to withdraw. In such case, counsel shall certify that the client and all other counsel-of-record have been notified.

7.21 Retention and Disposal of Court Reporter Notes, Depositions, Transcripts and Exhibits

(A) Retention of Court Reporter Notes

Upon the trial of a civil or criminal action or other oral proceedings in the Summit County Court of Common Pleas, General Division, the trial judge shall request that a court reporter take accurate notes of the testimony. These notes shall be retained by the official court reporter and shall be carefully preserved for a period of five (5) years for a civil action, ten (10) years for a criminal action, and permanent for capital murder cases.

(1) Time for retention shall be calculated from the date of final judgment entry. In the event that an appeal transcript has been filed, the notes of such case may be disposed of one (1) year after the filing of such transcript.

(B) Form of Exhibits

Any exhibits which are to become part of the permanent record of the Court shall be limited to 8 1/2" x 11" in size, unless not practical or possible as determined by the trial judge. It shall be the responsibility of trial counsel to ensure that any exhibits larger than standard size are reduced for inclusion into the permanent record.

(C) Disposal of Exhibits and Depositions

(1) At the conclusion of a civil trial or other civil proceeding, including times for direct appeal, the court reporter may destroy exhibits and depositions if all of the following are met:

a). The court reporter must notify the party who tendered the exhibits or depositions, in writing, that the party must retrieve the exhibits or depositions within sixty (60) days after the appeal period or ninety (90) days if there is no appeal.

b). The written notification provided in (C)(1)(a) must inform the party who tendered the exhibits or depositions that these documents will be destroyed within sixty (60) days of the notification.

c). The written notification provided in (C)(1)(a) must inform the party who tendered the exhibits or depositions of the location for retrieval of the exhibits or depositions.

(2) At the conclusion of a criminal trial or other criminal proceeding, where property is entered into evidence by the Summit County Prosecutor's Office, the evidence shall be transferred out of the custody of the court reporters in the following manner:

a). In cases where the defendant is found not guilty, the evidence shall be returned to the Prosecutor immediately or within five (5) days of the not guilty verdict.

b). In cases where the defendant is convicted of an offense, the exhibits will be held by the court reporter for sixty (60) days (including the thirty (30) day appeal period). After the sixty (60) day period has expired, the court reporter is charged with the responsibility of notifying the Arresting Agency in writing that a timely appeal has not been filed. The Arresting Agency shall then be responsible for transffering the evidence within thirty (30) days from the courthouse to the Agency's Property Room.

c). The written notification provided in (C)(2)(b) must inform the Arresting Agency of the location for retrieval of the exhibits. The notification must also inform the Arresting Agency that the exhibits will be destroyed within sixty (60) days from the date of the written notification (with the exception of cases involving Aggravated Murder, Murder and Rape or other cases as ordered by the Court).

d). In cases where a timely appeal has been filed, the evidence shall be transferred to the Court of Appeals by the court reporter pursuant to existing policy and procedure.

(D) Compliance with County Records Commission

In accordance with ORC Section 149.38, this policy for the retention and disposal of court reporter notes, exhibits, depositions and transcripts is subject to the approval of the Summit County Records Commission. Additionally, these documents have been determined to be public records pursuant to ORC 149.43 and therefore, must have the approval of the County Records Commission, the Auditor of State and the Ohio Historical Society prior to their disposal.

 

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