Rule 2 - Clerks of this Court; Filing Documents; Proposed Judgment Entry Required(A) Clerks of this Court. The Clerks of the Courts of Common Pleas of the counties comprising the Fifth Appellate Judicial District are the Clerks of this Court of Appeals in their respective counties pursuant to R.C. 2303.03.(B) Filing Documents. Motions, records, briefs, and all other documents required to be filed in this Court or with the Clerk of this Court shall be filed with the Clerk of the Court of Appeals of the county in which the trial of the action appealed took place or, in the case of original actions, with the Clerk of the Court of Appeals of the county in which the complaint is filed, such county properly being any county where this Court may obtain personal jurisdiction over the parties. Documents mailed, faxed, or delivered directly to the offices of the judges in Canton will not be considered filed either when mailed or when received.
(C) Electronic Filing. The provisions of this local rule are adopted under App.R. 13(A). Documents may be filed with the appropriate Clerk of Courts by facsimile transmission subject to the following conditions: (1) Applicability. Only motions to this Court and their responses, subsequent to a notice of appeal or original action complaint, may be transmitted by facsimile to the appropriate Clerk of this Court for filing. No other pleadings, including the notice of appeal or briefs, shall be filed via facsimile or other electronic transfer.(2) Original Filing(a) A document received and filed by facsimile shall be accepted by the Clerk of Court as the effective original filing. The source document and additional copies need not follow by mail for purpose of filing. The person making the fax filing must, however, maintain in his or her records and have available for production on request by the Court the source document, filed by fax for with original signatures as otherwise required under applicable rules, together with the original copy of the facsimile cover page used for the subject filing.(b) The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post-judgment relief are exhausted.(3) Definitions. As used in these rules, unless the context requires otherwise: (a) Facsimile Transmission means the transmission of a source document by a facsimile machine that encodes a document into optical or electronic signals, transmits and reconstructs the signals to print a duplicate of the source document at the receiving end.(b) Fax is an abbreviation for "facsimile" and refers, as indicated by the context, to facsimile transmit or to a document to transmitted.(4) Cover Page(a) All documents sent by facsimile shall be accompanied by a cover page containing the following information: (See Appendix for example.)(i) The name of the Court(ii) The caption of the case(iv) The assigned judge(s), if applicable(v) The title of the document being filed(vi) The date of transmission(vii) The transmitting facsimile number(viii) An indication of the number of pages included in the transmission, including cover page(ix) The name, address, telephone number, facsimile number, Supreme Court registration number, and e-mail address of the person filing the fax document, if available, and(x) If applicable, a statement explaining how costs are being submitted.(b) If a document is sent by fax to the clerk of court without the cover page information listed above, the clerk will: (i) Enter the document in the case docket and file the document, if possible.(ii) If the faxed document does not contain sufficient information to file the document, the clerk of court will deposit the document in a file of failed faxed documents with a notation of the reason for the failures; in this instance, the document shall not be considered filed with the clerk of courts.(c) The clerk of court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the clerk may attempt to inform the sending part of a failed fax filing.(5) Signature. Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. Any party who files a signed document by fax represents that the physically signed source document is in his/her possession or control. Documents may be filed with a signature or with the notation "/s/" followed by the name of the signing person where the signature appears in the signed source document. If it is establi9shed that any document was transmitted without authority, the Court shall order the filing stricken.(6) Exhibits.(a) Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile for any reason must be replaced by an insert page describing the exhibit and why it is missing. Unless the Court orders otherwise, the missing exhibit shall be filed with the Court, as a separate document, not later than five (5) court days following the filing of the facsimile document. Failure to file the missing exhibits as required may result in the Court striking the document and/or exhibit.(b) Exhibits filed in this manner shall be attached to a cover sheet containing the caption of the case, which sets forth the name of the court, title of the case, the case number, and the title of the exhibit being filed (e.g., Appellant Smith's Notice of Filing Exhibit "A" to Appellant Smith's Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court. (See Appendix for Example).(7) Time of Filing(a) Facsimile transmissions may be made on the basis of 24 hours per day, 7 days per week. Each page of any document received by the Clerk will be automatically imprinted with the date and time of receipt. The date and time imprinted on the document will determine the time of filing, provided the document is deemed accepted by the Clerk and the Clerk of Court's office is open for business at the time of receipt. If a document is received on a date and time of which the Clerk of Court's office is not regularly scheduled to be open for business, the document shall be deemed to have been filed on the next day and time the Clerk's office is regularly scheduled to be open.(b) Fax filings may NOT be sent directly to the Court for filing but may only be transmitted directly through the facsimile equipment operated by the appropriate Clerk of Courts.(c) The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission.(d) The risks of transmitting a document by facsimile to the Clerk of Courts or delay in the document being time-stamped shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available(8) Fees and Costs(a) No document requiring prepayment of a fee or cost deposit shall be filed by facsimile, unless an acceptable method of payment has been paid or arranged to be paid pursuant to terms acceptable to the respective Clerk. Documents tendered to the Clerk without payment of court costs or fees, or without arranging payment terms with the Clerk will not be filed.(b) No additional fee shall be assessed for facsimile filings.(9) Facsimile filings shall not exceed twenty (20) pages in length. The filer shall not transmit service copies by facsimile.(10) Effective date. These local rules shall be effective January 1, 2008, and shall govern all proceedings in actions brought after they take effect and also further proceedings in pending actions, except to the extent that, in the opinion of the Court, their application in a particular action pending on the effective date would not be feasible or would work an injustice, in which event, the former procedure applies.(D) Electronically Signed Court Documents(1) The following definitions shall apply to this rule:(a) "Electronic" and "electronic signature" have the same meaning as used in section 1306.01 of the Ohio Revised Code.(b) The term "Document" includes decisions, journal entries, notices, orders, opinions and any other filing by a Judge, Magistrate or Court Administrator of this Court.(2) All court documents signed by means of an electronic signature, whether transmitted to the Clerk of Courts electronically or via paper, shall have the same force and effect as if the signer had affixed his or her signature to a paper coy of the document.(3) Electronic transmission of a court document with an electronic signature by a Judge or Magistrate that is sent in compliance with procedures adopted by the Court shall, upon the complete receipt of the same by the Clerk of Court, constitute the date and time of receipt of the document, provided that the Clerk of Court's Office is open for business at the time of receipt. If a document is received at a date and time when the Clerk of Court's Office is not regularly scheduled to be open for business, the document shall be deemed to have been received at the next day and time the Clerk's Office is regularly scheduled to be open.(E) Proposed Judgment Entry Required. All motions shall be submitted for filing accompanied by a proposed judgment entry suitable for use if the motion is granted. Adopted effective 8/30/1995; amended effective 5/1/1997; amended effective 1/1/2008; amended 11/19/2014; amended renumbered effective 1/1/2019.