TERMS AND SESSIONS OF THE COURT

I.          Terms of Court

The Court shall be in continuous sessions for the transaction of judicial business, but each calendar year shall be divided into four (4) terms, designated as the January, April, July and October terms of Court.

II.        Responsibility During Term of Court

The Judge assigned to each term of Court shall supervise the grand jury. The assignment shall be rotated among the several judges of the General Division in the order of their seniority upon the bench.  The grand jury Judge shall handle criminal matters that may arise in individual cases prior to indictment and arraignment, including setting of bonds, extraditions and habeas corpus actions pertaining to extraditions.  The grand jury Judge shall be responsible for handling arraignments, judgment lien executions, and miscellaneous docket cases filed during the Judge’s term. 

III.       Hours of Session

The hours for the regular sessions of the Court shall be from 8:30 a.m. to 12:00 noon and from 1:00 to 4:30 p.m. , Monday through Friday of each week, except for those days designated by law as legal holidays. Each Judge may establish earlier opening or later closing times to handle civil pre-trials or motions and may extend the closing hour during trials when deemed necessary.

FILING, REMOVAL, SERVICE OF PROCESS, AND RECORDS RETENTION BY THE CLERK

I.          FILING

            A.        Duties of Clerk

In accordance with these rules the Clerk of Courts shall file and maintain all documents delivered to the Clerk’s Office.  The Clerk is instructed to refuse to accept for filing any document or case that does not conform to these rules.

            B.        Filing Requirement in General

All pleadings, motions, brief and other similar documents that are filed with the Clerk shall meet the following requirements:

1.         Be typewritten or legibly printed on 8 ½ x 11 paper, securely bound and without backing;

2.         Contain a blank space of at least 2 ½ inches at the top of the first page for endorsements;

3.         Contain a short title indicating the nature of the document (complaint, answer, motion, brief, etc.);

4.         Be signed by the attorney of record or party when not represented by counsel;

5.         Include the attorney registration number, if applicable, along with the address, telephone, fax, and email of the individual filing the document. 

            C.        Complaint

Every complaint shall be accompanied by a case designation sheet which may be obtained from the Clerk of Courts.  In addition, the complaint shall include the name and address, if known, of each party.

            D.        Subsequent Documents

All pleadings, motions, briefs, and documents subsequent to the complaint shall include the following:

1.         The name of the first party plaintiff and the first party defendant;

2.         The name of the Judge to whom the case is assigned;

3.         The case number.

            E.         Discovery Papers

The Clerk of Courts shall not accept for filing depositions, transcripts, interrogatories, requests for documents, requests for admissions, answers and responses thereto unless they are accompanied by a certification that said documents are being filed on order of the Court, or for use as evidence in a motion or proceeding.

II.        REMOVAL, EXAMINATION, AND DUPLICATION

A.        Removal

No person except a Judge, or a member of a Judge’s staff shall remove any documents or case files from the custody of the Clerk. Originals of papers or pleadings in this Court shall not be taken from the courthouse, except upon order of the Court.

B.        Examination

Upon request, the Clerk of Courts shall allow any person to examine, but not remove, any original document or case file that is maintained by its office.  Examination shall be allowed during regular business hours.

C.        Duplication

Upon request and the payment of a photocopy fee, the Clerk shall provide copies of any original document, excluding transcripts, maintained by its office. Copies shall be provided during regular business hours within a reasonable period of time as determined by the Clerk of Courts. A reasonable period of time shall be based upon the extent of the request with efforts toward a 24-hour response time.

III.       SERVICE OF PROCESS AND ELECTRONIC TRACKING OF CERTIFIED MAIL

The Clerk may utilize service of process methods as outlined in Civil Rule 4.1, which methods shall include “virtual” service of process utilizing advanced postal technology for service by certified mail, including but not limited to, certified electronic return receipt technology.  This advanced postal technology does not modify Civil Rule 4.1(1) Service by Certified Mail, but merely provides for advanced electronic and website technology in the sending of certified mail and receipt of confirmation utilizing the Court’s website to show to whom the mail was delivered, the date of delivery and address where delivered, all in accordance with the Civil Rules currently in existence.

All service of process of complaints or other documents served with virtual service of process are subject to review and/or challenge as further outlined in Civil Rule 4.1, with confirmation of service of process being made available through the Clerk of Court’s office.

IV.       EXHIBIT, DEPOSITION, AND RECORD RETENTION

            A.        Exhibits and Depositions

Exhibits and Depositions in the custody of the Clerk of Courts and/or the Official Court Reporter may be returned to the offering party after the expiration of the appeal process.  Upon notification, the offering party and/or counsel of record may obtain their exhibits and depositions at the Lorain County Justice Center .  If exhibits and depositions are not obtained within sixty days of notification they may be destroyed.

Records in the custody of the Clerk of Courts and/or the Official Court Reporter may be destroyed after notice and in accordance with Ohio Revised Code.   

FASCIMILE FILINGS

I.          In General

This rule has been instituted solely for the convenience of those filing documents with the Clerk of Courts.  Neither the Clerk of Courts nor the Court assumes any new or additional responsibilities, obligations, or liabilities by virtue of this rule.  This rule pertains only to the method of filing; it does not override, alter, amend, revoke or otherwise change any Local Rule or Ohio Rule of Civil or Criminal Procedure. 

II.        filings not accepted

Except for the following documents, this rule authorizes the filing of facsimile transmissions of pleadings, motions, and other documents that may otherwise be filed with the Clerk of Courts.

A.        Commencement of an Action

            Any filing commencing an action (e.g., a complaint, a third party complaint, a post-decree motion, a motion for injunctive relief) for which the Clerk of Courts must collect an initial case deposit against costs or a specific filing fee and/or for which the Clerk of Courts is required to effectuate service or summons;

B.        Journal Entry

            Any entry which must be signed by a Judge.

III.       Cover Page

Any faxed document must include a cover page containing the following information:

-          Case number;

-          Caption of the case;

-          Assigned Judge;

-          Description of the documents being filed;

-          Date of Transmission;

-          Transmitting fax and contract number; and

-          Number of pages, including cover.

If the cover page does not contain all required information, the faxed documents shall not be entered on the docket and shall be considered a nullity.  The Clerk of Courts is not required to send any form of notice to the sender of a failed fax filing.

IV.       FACSIMILE MACHINE

The facsimile machine available for receiving fax filing for Common Pleas Civil Cases is (440) 328-2416 and for Criminal Cases is (440) 329-5404.  These lines are available twenty-four hours per day, seven days per week.  Fax filings may not be sent directly to the Court for filing but may only be transmitted through the Clerk of Courts.  Transmissions sent to any other location are neither covered by nor permitted under this rule.  However, copies of filings otherwise properly filed with the Clerk of Courts, such as courtesy copies for the Court, may with Court approval be sent by facsimile directly to the Court.  Facsimiles sent direct to the Court shall not be considered as having been filed thereby. 

V.        DOCUMENT RESTRICTIONS

A fax transmission may contain more than one document but may not apply to more than one case number per transmission.  Motions and other filings making reference to or incorporating other documents attached to the motion or other filing as an exhibit thereof shall be considered as part of a single file.  If exhibits are impossible or burdensome to send by facsimile the original exhibits may be separately filed if done so within forty-eight hours of the related transmission.  If the exhibits are filed separately, then an insert page describing the exhibit must be included in the facsimile transmission.  Facsimile transmissions must comply with the filing requirements under Local Rule 2 and may not exceed twenty pages regardless of the number of documents being sent.

VI.       DATE AND TIME

Subject to the other provisions of the rule, all documents filed by fax shall be considered filed with the Clerk of Courts as of the date and time that the fax transmission has been received by the Clerk of Courts.  For purposes of this provision and for entering such filings into the docket system, a facsimile filing shall be deemed to have been received by the Clerk of Courts as of the date and time printed at the top of each page of the incoming fax as printed out by the Clerk of Courts’ facsimile equipment.  There shall be no other date and time stamp required for the filing of a fax document with the Clerk of Courts.  The risks of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sender. 

VII.     ORIGINAL FILING

A document filed by fax shall be accepted as the original filing provided all the requirements set forth in this rule are satisfied.  The source document shall not be filed with the Clerk of Courts.  However, until the case is closed and all opportunities for post-judgment relief are exhausted, any source documents filed via facsimile shall be retained and available for production at the Court’s request.

VII.     SIGNATURES

Facsimile filings shall contain a signature or a /s/ notation followed by the name of the person signing the source document. 

VIII.    ACCEPTANCE OR REJECTION

The Clerk of Courts is hereby authorized to reject and will not docket any facsimile transmission which fails to comply with these rules. 

ELECTRONIC/INTERNET FILINGS

(To Be Established)

SECURITY FOR COSTS

I.          In General

No civil action or proceeding shall be accepted by the Clerk of Courts for filing unless the party or parties offering same for filing shall have first deposited a sum to secure the payment of costs that may accrue in such action or proceedings, except as otherwise provided by law. Such advance deposit shall be in accordance with the schedule approved by the Court and prepared and published by the Clerk of Courts.  The Court may also order the deposit of additional funds depending on the nature of the case.  All costs associated with the case may be deducted from the security deposit regardless of which party is ordered to pay the costs. 

II.        Cases Transferred from Municipal Court

On cases transferred to the Common Pleas Court in which the demand of the cross-claim or counter-claim exceeds the monetary jurisdiction of the Municipal Court, the cross-claimant and counter-claimant shall post security for costs in a sum equal to the amount required if the case were originally filed in this Court.

III.       Multiple Parties

In cases with multiple parties, the Clerk of Courts may require the party requesting service to advance an amount estimated by the Clerk to be sufficient to cover the costs thereof.

IV.       Bond in Lieu of Cash

In lieu of case deposit, costs may be secured by bond with surety approved by the Clerk, provided, however, that no member of the Bar shall be accepted as such surety.

A poverty affidavit filed in lieu of a cash deposit must state the reasons for the inability to prepay costs and is subject to Court review at any stage of the proceedings.

PRESIDING AND ADMINISTRATIVE JUDGE

Judicial administration of the General Division shall be in accordance with the Rules of Superintendence for the Courts of Ohio.

THE ASSIGNMENT SYSTEM

I.          In General

Except as otherwise provided, all cases shall be assigned to a Judge by a random computer selection process.  Civil cases shall be assigned at the time and in the order of filing or transfer from another Court.  Criminal cases shall be assigned following preparation of the arraignment list by the Clerk of Courts.  Secret indictments shall be assigned following service upon the Defendant.

II.        Civil Refiling and Consolidation

            A.        Refiling – Civil Rule 41

When a previously dismissed case is refiled, the attorney or party shall so indicate on the case designation sheet, whereupon the Clerk of Courts shall assign the refiled case to the Judge assigned at the time of the original dismissal.  Any case filed beyond the guidelines established by Civil Rule 41 is a new action not subject to this rule.

            B.        Consolidation

When actions involving a common question of law or fact have been filed as separate cases, a motion for consolidation shall be filed with the Court to whom the lowest case number has been assigned.  If the motion is granted, the cases shall be consolidated and go forward under the lowest case number.

III.       Criminal Companion and Capital Cases

            A.        Pending Case

When a Defendant has a pending case, any new case shall be assigned to the judge with the pending case.