Local Rule 4.1
Pleadings, motions, exhibits and other case documents, other than those outlined in section 4.1 (A) of this Local Court Rule, may be filed with the Crawford County Clerk of Courts Office by facsimile transmission to 419-562-8011, subject to the following conditions.
These rules apply to
all proceedings in the
“Fax” is an abbreviation for “Facsimile” and refers, as indicated by the context, to a facsimile transmission or to the document transmitted.
“Source document” is the document transmitted to the Court by fax and held by the person making the fax.
4.1 (A) The following documents will not be accepted for fax filing:
· cognovit promissory note
· original complaint and accompanying paperwork for a new domestic or civil case action
· motion for reopening of a case
· answer with cross complaint needing service
· debtor’s exam
· writ of possession
· service by publication and/or precipe for order of sale
· making and/or filing and/or releasing of a certificate of judgment
· request for execution by the Sheriff
· filing of an appeals action
· filing of a motion/application for sealing or expungment of a criminal record
4.1 (B) Attorneys and pro se litigants shall limit use of facsimile to filings of an emergency or time-critical nature only. A filing is of an emergency or time-critical nature if a document is due to the Court by set deadlines, and/or hearings and will not arrive to the Court via regular or express mail or cannot be brought to the Clerk of Courts Office for filing with the Court within the available timeframe. Attorneys and pro se litigants shall call the appropriate court personnel (Civil/Criminal Case Manager or Domestic Relations Case Manager) or the Clerk of Courts Office prior to faxing any document.
4.1 (C) A document filed by fax shall be accepted as the effective original filing and the signature accepted as original consistent with applicable rules. The attorney or pro se litigant making a fax filing need not file any source document with the Clerk of Court. However, the source document must be retained by the sending party in his/her records until the case is closed and all opportunities for post judgment relief are exhausted, with original signatures and the facsimile cover sheet used for the filing, and shall be available for production upon request of the Court.
4.1 (D) The attorney or pro se litigant must provide with the filing of the document by fax a cover sheet containing the following information: (See appendix of this Local Court Rule for the preferred Facsimile Filing Cover Page.)
4.1 (D)(1) If a document is received by the Clerk of Courts Office by fax without the cover sheet information listed above, the Clerk may, at its discretion:
· cause the document to be filed, enter it into the case docket and make it a part of the case file; or
· deposit the document in a file of failed faxed documents with a notation of the reason for the failure and shall not cause the document to be filed, entered into the case docket or made a part of the case file.
4.1 (D)(2) The Clerk of Courts Office is not responsible to notify any sending party of a failed fax filing. The sending party shall retain receipt generated by their sending device as evidence of the filing of the document and shall maintain said receipt with the source document. The sending party bears the entire risk of transmitting a document by fax to the Crawford County Clerk of Courts Office.
4.1 (E) Exhibits to a faxed filing that cannot be accurately transmitted via fax for any reason or are too lengthy to be faxed must be replaced by an insert page describing the exhibit and the reason(s) it is missing. Unless otherwise ordered by the Court, the exhibit must then be filed, as a separate document, no later than five (5) court days following the receipt of the faxed document. Failure to file the exhibit as outlined in this section may result in the Court’s striking the document and/or exhibit. A cover sheet shall accompany any exhibit filed in this manner. The cover sheet shall contain the case caption, case number and title of the exhibit being filed (e.g. Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings.
4.1 (F) The Crawford County Clerk of Courts Office facsimile machine shall be available to receive faxed filings 24 hours a day, 7 days a week. The date and time as imprinted on each page of the transmitted document shall be the time the document is received by the Clerk. Any transmission received and accepted for filing outside the standard office hours of Monday through Friday, , excluding observed holidays, shall be file stamped by the Clerk prior to accepting and file stamping any other case documents the morning of the next court day. Such accepted faxed flings shall be file stamped in the order in which they have been received. Any transmission received and accepted for filing within the standard office hours shall be file stamped by the Clerk upon receipt. Any transmission received and accepted shall be deemed filed with the Court upon being file stamped by the Clerk.
4.1 (G) A sending party who wishes to file a signed source document by fax shall either fax a copy of the signed source document or fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document. The sending party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.
4.1 (H) A transmitted filing shall not exceed more than fifteen (15) pages in length. Filings exceeding this amount shall not be filed by fax without prior approval from the appropriate court personnel (Civil/Criminal Case Manager or Domestic Relations Case Manager) or the Clerk of Courts Office. Service copies shall not be transmitted with the source document, as the Court or Clerk will make necessary copies. If a sending party needs to transmit a filing for more than one case, each case filing shall be transmitted separately with a separate cover sheet as outlined in section 4.1 (D) of this Local Court Rule.
4.1 (I) Any faxed filing that requires a filing fee shall not be accepted by the Clerk for file stamping until filing fees have been paid. Acceptable forms of payment are check or cash.