As amended through October 29, 2024
Rule 10 - Filing Documents(A) With the Clerk of Courts. The respective Clerks of the Courts of Common Pleas of the Counties of Allen, Auglaize, Crawford, Defiance, Hancock, Hardin, Henry, Logan, Marion, Mercer, Paulding, Putnam, Seneca, Shelby, Union, Van Wert, and Wyandot are the Clerk of this Court of Appeals in their respective Counties. R.C. 2303.03. All documents including, without limitation, records, briefs, motions, etc., 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 in this Court, of the county in which the complaint is filed, such county properly being any county, hereinbefore named, where the Court may obtain personal jurisdiction over the parties. Documents mailed directly to this Court at its headquarters at Lima will not be considered filed, either when mailed or when received. (B) Electronic filing. (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 document, other than a request for oral argument under Local Rule 13(A), may be sent directly to the Court. Briefs shall not be filed by facsimile. A notice of appeal may be filed with the Clerk of a trial court by facsimile only if permitted under the rules of the trial court from which the appeal is taken. (2) Original filing. A document received and filed by facsimile shall be accepted by the Clerk as the effective original document in the court file. The source document and additional copies need not follow by mail for purpose of filing. However, the source document must be maintained until the case is closed for production on request by the court, with original signatures as otherwise required under applicable rules, together with the original copy of the facsimile cover page. (3) Cover Page. All documents sent by facsimile shall be accompanied by a cover page containing the following information: (IV) title of the document being filed; (V) date of transmission; (VI) transmitting facsimile number; (VII) number of pages included in the transmission, including cover page; (VIII) name, address, telephone number, facsimile number, Supreme Court registration number, if applicable, and e-mail address if available; and (IX) if applicable, a statement explaining how costs are submitted. The Clerk of this Court may, but need not, acknowledge receipt of a successful facsimile transmission and filing; however, when practicable, the Clerk should attempt to inform the sender of a failed transmission.
(4) Signature. Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. Documents may be filed with a signature or notation "/s/" followed by the name of the person signing the source document. If it is established that any document was transmitted without authority, the Court shall order the filing stricken. (5) Exhibits. 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. 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. Exhibits filed in this manner shall be attached to a cover sheet containing the caption 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. Failure to file the missing exhibits as required may result in the Court striking the document and/or exhibit. (6) Time of Filing. Subject to the provisions of these rules, all documents sent by facsimile and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document, as opposed to the date and time the document is transmitted or received. The risk 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 sender. (7) Fees and Costs. 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.(C) Filings Out of Rule. No clerk of this Court shall accept any document for filing out of rule knowing that same is being filed out of rule and without leave of this Court. In the event that a document is filed out of rule and without leave of this Court it shall be deemed automatically stricken from the files and not to be considered by this Court unless upon motion and for good cause this Court shall cause the filing of same out of rule to be ratified. (D) Signatures required. Notices of appeal, briefs, motions and all copies thereof filed with the Clerk of this Court shall bear the personal signature of counsel or the filing party if not represented by counsel. Except as provided in section (B) of this rule, no Clerk of this Court shall accept any document for filing which does not bear the required signature. (E) All documents and copies thereof filed in this Court or with the clerk of this Court by counsel shall bear that attorney's registration number issued by the Supreme Court of Ohio. No clerk of this Court shall accept any document or any copy thereof for filing which does not bear the attorney registration number required by this rule.Amended effective 1/1/1982; 7/1/1988; 10/1/1991; 6/19/2000; 6/24/2002.