(NOTE: The only appellate clerk of courts to accept fax filings is the Lorain County Clerk of Courts. Nothing in this Local Rule is intended to require any clerk of courts to accept fax filings.)
(A) Fax filing. The clerk of courts is authorized, but not required, to prepare and maintain operating procedures and instructions for fax filing. If a clerk of courts accepts fax filings, documents in appeals and original actions, including the notice of appeal or complaint, may be transmitted by fax to the clerk of court for filing, consistent with the procedures outlined by the clerk of courts. A document filed by fax is the original document; a copy of the document should not also be mailed or hand-delivered to the clerk for filing. (1)Procedural requirements.(a)Fax cover page. All documents sent by fax shall be accompanied by a cover page containing the following information:(i) the name of the Court;(ii) the caption of the case;(iv) the title of the document being filed;(v) the date of transmission;(vi) the name, address, telephone number, facsimile number, Supreme Court registration number, and e-mail address of the person filing the fax document.(b)Faxed documents without a complying cover page. 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 (which will be retained for 14 days) with a notation of the reason for the failure and the document shall not be considered filed with the Clerk of Courts.(iii) 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 party of a failed fax filing.(c)Attorney's/Filing Party's Signature. Documents filed by fax with the clerk that require an attorney's or a filing party's signature may be signed or signed with a signature of "/s/ (name)." (i) The format for an attorney's signature is: Signature or /s/Attorney Name
Attorney Name
Supreme Court ID Number 1234567
Attorney for (Plaintiff/Defendant) XYZ Corporation
ABC Law Firm
Address
Telephone
Email
Fax
(ii) This signature on a fax filed document is deemed to constitute a legal signature on the document for purposes of the signature requirements imposed by the Ohio Rules of Superintendence, Rules of Civil Procedure, Rules of Criminal Procedure and/or any other law.(d)Multiple Signatures. When a stipulation or other document requires two or more signatures: (i) The filing party or attorney shall first confirm in writing that the contents of the document are acceptable to all persons required to sign the document. The filer will indicate the agreement of all other counsel and/or parties at the appropriate place in the document, usually on the signature line.(ii) The filing party or attorney shall then file the document electronically, identifying all of the signatories, e.g., /s/ Jane Doe, /s/ John Smith, etc.(e) 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, this Court shall order the filing stricken.(f) Fax filings shall not exceed twenty (20) pages in length.(B)Time of filing. Documents filed by fax shall be considered as filed with the clerk of courts when the document submission is complete. Each page of any document received by the Clerk will be automatically imprinted with the date and time of receipt. A fax filing may be submitted to the clerk 24 hours a day, 7 days a week. Any document filed after 11:59 p.m. Eastern Standard Time or Eastern Daylight Time shall be deemed to have been filed on the next court day.(C) Fax filings may not be sent directly to the Court's main office for filing but may only be transmitted directly through the fax equipment operated by the appropriate Clerk of Courts.(D) The Clerk of Courts may, but need not, acknowledge receipt of a fax.(E) The risks of transmitting a document by fax to the Clerk of Courts or delay in the document being filed shall be borne entirely by the sending party.(F) No additional fee shall be assessed for fax filings.(G)Rejection of fax filing. Any document filed by fax that requires a filing fee may be rejected by the clerk of court unless the filer has complied with the mechanism established by the court for the payment of filing fees.