MONTGOMERY COUNTY, OHIO
EFILING
Unique Behaviors for
Civil Cases
Updated:
05/28/2015
Montgomery County Common Pleas
Court, General Division
Montgomery County Clerk of Courts
Table of Contents
CASE INFORMATION SHEET ................................................................................................................................... 1
INSTRUCTIONS FOR SERVICE .................................................................................................................................. 1
PRAECIPE FOR ORDER OF SALE .............................................................................................................................. 3
MULTIPLE PROPERTIES SOLD IN ONE SHERIFF SALE ............................................................................................................... 4
WRIT OF RESTITUTION ........................................................................................................................................... 4
ADDING PARTIES – UNKNOWN ADDRESSES ........................................................................................................... 6
ANSWERS, NOTICE OF APPEARANCE, AND OTHER DOCUMENTS INDICATING AN APPEARANCE ON BEHALF OF A
PARTY .................................................................................................................................................................... 6
AMENDED COMPLAINT .......................................................................................................................................... 7
THIRD PARTY COMPLAINT ..................................................................................................................................... 8
MODIFYING PARTY INFORMATION AFTER CASE INITIATION .................................................................................. 9
CERTIFICATE OF SERVICE ........................................................................................................................................ 9
CONSOLIDATED CASES ......................................................................................................................................... 10
ORDER TO WITHDRAW SHERIFF SALE .................................................................................................................. 11
NOTICE OF APPEAL TO THE 2ND DISTRICT COURT OF APPEALS ............................................................................ 12
INJUNCTIONS (TRO) FILINGS ................................................................................................................................ 12
COGNOVIT COMPLAINTS ..................................................................................................................................... 12
PETITION FOR AUXILIARYCASE/ISSUANCE OF SUBPOENA .................................................................................... 13
REPLEVIN ACTIONS (POSSESSION OF PROPERTY) ................................................................................................. 14
FORCIBLE ENTRY ACTIONS (EVICTIONS) ............................................................................................................... 15
FILING OF WRITTEN DEPOSITION TRANSCRIPTS ................................................................................................... 15
NOTIFICATION/REJECTION OF PROPOSED ORDERS .............................................................................................. 17
Unique Behaviors for Civil Cases - 1
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
CASE INFORMATION SHEET
Past Behavior: Filer completed the Case Information Sheet and filed the pleading with the new case.
New Behavior: Filer completes the fields in the Case Initiation Screen. The data is collected and will
automatically generate the Case Information Sheet.
When the filer moves to the next screen (Add a Document) the Case Information Sheet will already be
there:
INSTRUCTIONS FOR SERVICE
Past Behavior: Filer completed the Instructions for Service and filed the pleading with the new case.
New Behavior: Filer selects and adds to the submission the Instructions for Service in the Add a
Document Screen. The filer will not be able to browse and load Instructions for Service. A new screen
Filer Reference No. is the
Attorney’s reference number for
their client; (not mandatory)
Prayer Amount must include a
number even if it’s -0-;
Parcel # is only for Mortgage
Foreclosure
Unique Behaviors for Civil Cases - 2
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
appears and the filer must select method of service and parties to be served. The data is collected and will
automatically generate the Instructions for Service.
**If service is needed for someone that is NOT a party to the case, the filer must create their own
Instructions for Service document and select the document type of Instructions for Service for
Non/Proposed Party.
Select Instructions for Service as your submission on the “Add a Document” screen and click
Add. This will take you to the “Instructions for Service” screen
Select the Method of Service, enter the appropriate Service Provider (Sheriff or Process Server),
Add the Document(s) to be served, and then check the boxes for the parties that need to be
served.
**If you select Hold Service as your method on the Instructions for Service page, make sure to
include a Motion to Hold Service and a Proposed Order to Hold Service with the submission.
Make sure you select:
Service Method
Documents to be Served
Parties to be Served
Then Click Add
Unique Behaviors for Civil Cases - 3
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
PRAECIPE FOR ORDER OF SALE
Past Behavior: Filer completed the Praecipe for Order of Sale and filed the pleading on an existing
case.
New Behavior: Filer selects and adds to the submission the Praecipe for Order of Sale in the Add a
Document Screen. The filer will not be able to browse and load a Praecipe for Order of Sale. A new
screen appears and the filer must complete the fields provided. The data is collected and will
automatically generate the Praecipe for Order of Sale.
In the Add a Document Screen, select either Praecipe for Order of Sale, Alias Praecipe for Order of Sale,
or Pluries Pracipe for Order of Sale as the Document Type.
Click Add. This will take you to the “Praecipe for Order of Sale” screen. Add the required information
and then click Next.
*Praecipe for Order of Sale
*Alias Praecipe for Order of Sale
* Pluries Praecipe for Order of Sale
Add to your submission instead of
browsing for a document
Unique Behaviors for Civil Cases - 4
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
This takes you back to the “Add a Document Screen. Select Document Type, “Attachments” in order to
attach the Legal Description and a file-stamped copy of the Judgment Entry.
** Note: The Legal Description and a copy of the time stamped judgment entry must be
added as attachments to the Praecipe for Order of Sale or the submission will be rejected.
**
MULTIPLE PROPERTIES SOLD IN ONE SHERIFF SALE
For Multiple Properties sold in one sheriff sale, the filer will select Document Type, Praecipe for Order of
Sale for Multiple Properties in One Sheriff Sale” in the Add a Document screen. Filer must then browse
and upload their own Praecipe for Order of Sale for Multiple Properties in One Sheriff Sale and
then add it to their submission. Filers must still attach a copy of the time-stamped Judgment Entry and a
copy of the Legal Descriptions(s) or the submission will be rejected. The filer should use the following
document category and document types:
o Document Category: Sheriff Sales or Praecipes
o Document Type: (Multiple Properties) Praecipe for Order of Sale
o Document Type: Judgment Entry Attachment for Praecipe for Order of Sale.
o Document Type: Legal Description Attachment for Praecipe for Order of Sale
WRIT OF RESTITUTION
Past Behavior: Filer completed the Praecipe for Writ of Restitution and filed the pleading on an existing
case.
New Behavior: Filer selects and adds to the submission the Praecipe for Writ of Restitution in the Add a
Document Screen. The filer will not be able to browse and load a Praecipe for Writ of Restitution. A new
screen appears and the filer must complete the fields provided. The data is collected and will
automatically generate the Praecipe for Writ of Restitution.
In the Add a Document Screen, select Praecipe for Writ of Restitution/Possession as the Document Type.
Unique Behaviors for Civil Cases - 5
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
Click Add. This will take you to the “Writ of Restitution” screen. Add the required information and then
click Next.
This takes you back to the “Add a Document Screen. Select Document Type, “Attachments” in order to
attach a file-stamped copy of the Entry of Restitution or Confirmation Entry.
Add to your submission instead
of browsing for a document
Unique Behaviors for Civil Cases - 6
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
** Note: A file-stamped copy of the Entry or Restitution or Confirmation Entry must be
added as attachments to the Praecipe for Writ or Restitution or the submission will be
rejected. **
ADDING PARTIES – UNKNOWN ADDRESSES
Past Behavior: Filer added defendant to complaint and typed address unknown.
New Behavior: Filer adds the defendant as a party. The eFiling system will not allow filer to proceed
without an address. Filer must check the box Unknown and the eFiling system will populate the
mandatory fields
ANSWERS, NOTICE OF APPEARANCE, AND OTHER DOCUMENTS
INDICATING AN APPEARANCE ON BEHALF OF A PARTY
Past Behavior: Filer filed the Answer, Notice of Appearance, Appellee Response Brief, Motion to
Dismiss Pursuant to Civ. R. 12 (B) and Motion to Extend Time to File Answer on behalf of the party they
were representing. The attorney was added manually to the Clerk/Court’s case management system
.
New Behavior: Filer adds the one of these documents to their submission. The eFiling system will
present a screen of the parties on a case. The filer must check the box or boxes that pertain to the party
they are representing. The eFiling system will populate the Clerk/Court’s case management system
automatically and the attorney will then be listed as the counsel of record for the parties selected.
Unique Behaviors for Civil Cases - 7
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
If there is co-counsel, you can add the additional attorney(s) for the party or parties in the “Add an
Attorney for this Party” section on the screen. Enter the last name and bar number of the added attorney
and click add. This should be done for each additional attorney.
**DO NOT ADD THE FILING ATTORNEY AS AN ATTORNEY IN THIS
SECTION. THE SYSTEM AUTOMATICALLY ADDS THE FILING ATTORNEY
TO THE PARTIES SELECTED. IF YOU ADD THE FILING ATTORNEY IN
THE “ADD AN ATTORNEY FOR THIS PARTY” SECTION, YOU WILL
RECEIVE AN ERROR MESSAGE. **
** DO NOT MODIFY THE PARTY INFORMATION TO ADD THE FILING
ATTORNEY TO A PARTY WHEN FILING THESE DOCUMENT TYPES THAT
ADD THE FILING ATTORNEY TO THE PARTY. IF YOU MODIFY THE
PARTY INFORMATION IN THE SAME SUBMISSION YOU WILL RECEIVE
AN ERROR MESSAGE. **
**A NOTICE OF APPEARANCE DOES NOT NEED TO BE FILED IF AN
ANSWER HAS ALREADY BEEN FILED. **
AMENDED COMPLAINT
Past Behavior: Filer filed the Motion to file an Amended Complaint (if desired, a copy of the Amended
Complaint was included as an exhibit) and the Proposed Order Granting Motion. The filer included the
original Amended Complaint in the same package to be filed after the Proposed Order had been signed
and filed. The new parties were added manually after the Amended Complaint was filed.
New Behavior: Filer files the Motion to file an Amended Complaint (if desired: a copy of the Amended
Complaint can be included as an exhibit) and the Proposed Order Granting Motion. The Amended
Complaint must be filed after the Proposed Order has been signed and filed. Once the Proposed Order
to Amend the Complaint is filed, the filer can file the Amended Complaint. Parties will be added
automatically once the Amended Complaint is filed.
When the Amended Complaint document is uploaded to the “Add a Document” screen, the following
screen will appear for you to add the new parties:
Only check the parties which
you will be representing
Unique Behaviors for Civil Cases - 8
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
THIRD PARTY COMPLAINT
Past Behavior: Filer filed the Motion to file a Third Party Complaint (if desired, a copy of the Third
Party Complaint was included as an exhibit) and the Proposed Order. The filer included the original
Third Party Complaint in the same package to be filed after the proposed order had been signed and
filed. The new parties were added manually after the Third Party Complaint was filed.
New Behavior: Filer files the Motion to file a Third Party Complaint (if desired: a copy of the Third
Party Complaint can be included as an exhibit) and the Proposed Order. The Third Party Complaint
must be filed after the Proposed Order has been signed and filed. Once the Proposed Order is filed, the
filer can file the Third Party Complaint. Parties will be added automatically once the Third Party
Complaint is filed
When the Third Party Complaint is filed, the following screen will appear for you to add the new
parties.
Add the new parties that are listed on
the Amended Complaint
Select the Defendant(s) and click Add
to add them as Third Party Plaintiff(s)
Click on “Add a Defendant” to add
the Third Party Defendant. Repeat
this for each Third Party Defendant.
Unique Behaviors for Civil Cases - 9
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
MODIFYING PARTY INFORMATION AFTER CASE INITIATION
Certain party information can be modified after case initiation. When you are filing a new document,
click on the View Document icon BEFORE selecting your category and document type. Click on the
party to be modified. You can add an attorney, an alias, or an address.
** DO NOT MODIFY THE PARTY INFORMATION TO ADD THE FILING
ATTORNEY TO A PARTY WHEN FILING AN ANSWER OR NOTICE OF
APPEARANCE. THESE DOCUMENT TYPES ADD THE FILING ATTORNEY
TO THE PARTY. IF YOU FILE AN ANSWER OR NOTICE OF APPEARANCE
AND MODIFY THE PARTY INFORMATION IN THE SAME SUBMISSION
YOU WILL RECEIVE AN ERROR MESSAGE. **
CERTIFICATE OF SERVICE
Past Behavior: Filer prepared their document and included a certificate of service at the end of the
document showing all the parties served by regular mail.
New Behavior: All parties registered in the eFiling system are served through notifications stored
inside the eFiling system. The filer is required to serve a paper copy to anybody not registered in the
eFiling system by regular mail. The filer will still include a certificate of service to their document. The
certificate of service should contain the language as outlined in Local Rule 1.15 (H) (4) (c).
Click on Edit Data icon to get to
the Modify Party Information
Screen
Click On the Party you wish to
Modify. You can add:
Attorney
Alias
Address
Unique Behaviors for Civil Cases - 10
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
Certificate of Service for Registered Users in the Efiling System:
I hereby certify that on (date) this document was electronically filed via the Court’s authorized electronic
filing system which will send notifications of this filing to the following (list all parties who are registered
users of the Efiling System.)
Certificate of Service for Non- Registered Users in the Efiling System (Pro se):
And I hereby certify that I served this document by regular U.S. mail to the following (list all parties who
are not registered users of the Efiling System.)
The Certificate of Service should be signed in the the /s/ Attorney Name format according to Loc. R. 1.15
(F)(4)(a).
To identify which parties are registered in the eFiling system, click on My Cases. Click on the Service
List that pertains to the case you are preparing the document for.
The Service List will reflect the parties that will receive a NEF (Notice of Electronic Filing) and those
parties that need to be notified by regular mail.
**PROPOSED ORDERS: ONCE A PROPOSED ORDER IS SUBMITTED, THE
FILER IS RESPONSIBLE FOR THE SERVICE OF THE PROPOSED ORDER
AND THE FILED ORDER ONCE IT HAS BEEN SIGNED AND FILED BY THE
ASSIGNED JUDGE TO ALL THE PARTIES THAT MUST BE SERVED BY
REGULAR MAIL. **
CONSOLIDATED CASES
Past Behavior: Filer prepared one original document for the lowest numbered case and copies were
filed for all the remaining consolidated cases.
New Behavior: Filer prepares one document which includes caption and case number for each
consolidated case. Filer can load document(s) on all consolidated cases (multiple cases) in one
submission.
Click File to Existing Case Button which will take you to the “Existing Case” screen that list all of your
current cases. On the “Existing Case” screen, click on the Add button next to the Case Title of each
consolidated Case Number. The cases will appear under “Cases That Will Be Filed On”
Unique Behaviors for Civil Cases - 11
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
If a consolidated case number is not listed, enter the case number and click on Case Search. The Case Hit
List will appear. Once the Case Search Results appear, click on the “Add this case to your list” button
and the case will appear under “Cases That Will Be Filed On.”
Once all the cases have been added, click on the File on these Cases button. The submission now
becomes a multi case submission.
ORDER TO WITHDRAW SHERIFF SALE
Past Behavior: Orders to Withdraw Sheriff’s sale were filed by mail or in person. A copy of the signed
order was delivered to the Sheriff’s office by the filing party.
New Behavior: Orders to Withdraw Sheriff’s sale are filed through the ECF system. The proposed order
is submitted by the filer and electronically delivered to the office of the assigned Judge. The Order to
Withdraw Sheriff Sale can be picked up electronically by any judicial office and signed. If the order is
being sent the morning of the sale, the filer may want to call the judicial office and follow up along with
checking the emergency button on the Add a Document page. Once the order is signed, the filer is still
responsible for getting a copy to the Sheriff’s office.
Unique Behaviors for Civil Cases - 12
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
The Court has set up a process for ensuring that Orders to Withdraw Sheriff Sales are filed before the
sheriff sale starts. It is critical that the filer uses the following document types in order for this process to
work: The filer should use the following document category and document types:
Document Category: Motions
Document Type: Motion: Withdraw Sheriff Sale
o (not all cases require a Motion)
Document Category: Orders (Proposed)
Document Type: Order: Withdraw Sheriff Sale
NOTICE OF APPEAL TO THE 2ND DISTRICT COURT OF APPEALS
The Notice of Appeal to the 2
nd
District Court of Appeals must be filed in paper. The Appeal IS NOT
filed through the eFiling system. The appeal must be delivered to the Clerk’s office with the filing fee
along with 3 copies. The original appeal will be given to the Clerk for the Court of Appeals, a copy will
be delivered to the 2
nd
District Court of Appeals, and the last copy will be scanned and then added to the
civil case.
INJUNCTIONS (TRO) FILINGS
Past Behavior: The Injunction was filed in person with the Clerk of Courts. The package could contain
the Complaint, Case Information Sheet, Instructions for Service, Motion, and a Proposed Order. After
the Clerk’s office filed and assigned a number, the filer proceeded to the Court’s Assignment Office. The
Court’s Assignment Clerk would review the Judge assignment and call the judicial office to arrange the
hearing. If the assigned Judge was not available or had a conflict, a new Judge was assigned and their
judicial office was called.
New Behavior: The injunction is filed through the eFiling system. The package could contain the
Complaint, Case Information Sheet, Instructions for Service, Motion, and a Proposed Order. When
adding documents, the filer can check the Emergency box. This alerts the Clerk’s office of the urgency of
the filing.
After the Clerk’s office accepts the electronic filing, the filer MUST VISIT THE COURT’S
ASSIGNMENT OFFICE IN ROOM 103. The court’s assignment clerk will review the Judge
assignment and call the judicial office to arrange the hearing. If the Judge assigned is not available or has
a conflict, a new Judge is assigned and their judicial office will be called.
COGNOVIT COMPLAINTS
Past Behavior: The Cognovit Complaint was filed in person with the Clerk of Courts. The package
could contain the Complaint, Case Information Sheet, Instructions for Service, Notice of Rendering
Judgment, Answer to the Cognovit Complaint, Motion, and a Proposed Order. After the Clerk’s office
filed and assigned a number, the filer proceeded to the assigned Judge to obtain signature for the
Judgment Entry. The Judge would review the original note and sign the Judgment Entry. After the
Judgment Entry was signed by the Judge, the filer would proceed back to the Clerk’s office to file the
Praecipe for Certificate of Judgment and/or Garnishment documents.
Unique Behaviors for Civil Cases - 13
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
New Behavior: The Cognovit action is filed electronically. The filer should use the following document
category and document types (additional documents can be added – this is minimum needed):
Category: Complaint and Initiating Docs.
Document Type: Complaint
Document Type: Answer to Cognovit Complaint
Document Type: Notice: Rendering of Cognovit Judgment
Document Type: Judgment Entry (Proposed)
Document Type: Instructions for Service on a New Case – Please make sure the Proposed
Judgment Entry is added to the Instructions for Documents to be served – the Clerk will
hold the service until the Judgment Entry is signed)
Once the Clerk’s office approves the submission, the case number and Judge are assigned; the Proposed
Judgment Entry is delivered to the Judge’s electronic inbox. The filer should call the judicial office and
let them know a Cognovit Complaint has been filed and they should ask how the Judge would like to see
the original note (delivered in person or mailed). Once the Judgment Entry is signed, the filer can file the
Praecipe for Certificate of Judgment and/or Garnishment documents.
NOTE: CURRENTLY CERTIFICATES OF JUDGMENT AND EXECUTIONS
MUST BE FILED TRADITIONALLY IN PAPER. THEY CAN’T BE FILED
ELECTRONICALLY ON THE COGNOVIT CASE NUMBER
PETITION FOR AUXILIARYCASE/ISSUANCE OF SUBPOENA
Past Behavior: The Petition for Auxiliary Case/Issuance of Subpoena action was filed in person or by
mail with the Clerk of Courts. This package contained the Petition for Auxiliary Case/Issuance of
Subpoena, Case Information Sheet, Proposed Order Granting Issuance of Subpoenas, and Subpoenas to
be issued after the Proposed Order Granting the Issuance of Subpoenas was filed.
New Behavior: The Petition for Auxiliary Case /Issuance of Subpoena is filed electronically. The
package should contain the Petition for Auxiliary Case/Issuance of Subpoena and Proposed Order
Granting Issuance of Subpoena. Subpoenas to be issued should be filed after the Order Granting the
Issuance of Subpoenas is filed.
When completing the Case Initiation screen, the prayer amount can be listed as 0 and the filer must
choose the following:
Action Type: Petition For Auxiliary Case/Issuance Of Subpoena – CVAO/AUX
The filer should use the following document category and document types (additional documents can be
added – this is minimum needed):
Category: Complaint and Initiating Docs.
Document Type: Petition for Auxiliary Case / Issuance of Subpoena
Additional Text: Please type in whatever remains of the caption from the Petition
Category: Orders (Proposed)
Document Type: Order: Granting Petition for Auxiliary Case / Issuance of Subpoena (Proposed)
Additional Text: Please type in additional information from the pleading;
Unique Behaviors for Civil Cases - 14
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
Once the Clerk’s office approves the submission, the case number and Judge are assigned. The Proposed
Order Granting Issuance of Subpoenas is delivered to the Judge’s electronic inbox. Once the Proposed
Order Granting the Issuance of Subpoenas is signed and filed, the filer can submit the Subpoenas they
wish to have served along with an Instructions for Service to the Clerk indicating the method of service
along with who is being served. The document category and document type are as followed:
Subpoena Issued
Category: Other Documents
Document Type: Subpoena Issued
Additional Text: (Name the person the Subpoena is being issued to)
Instructions for Service
Category: Instructions for Service
Document Type: Instructions for Service for Non/Proposed Parties **
Additional Text: (Enter the method of service)
**Note: Since the subpoena is being served to a Non-Party, the filer must prepare their
own Instructions for Service document instead of the using the system generated
Instructions for Service document. Choosing this document type permits the filer to
upload their prepared document.
If the filer chooses to issue the Subpoenas themselves, the return of service for the Subpoena can be filed
using the following document category and document type:
Subpoena Issued
Category: Service Return
Document Type: Subpoena Served and Returned by Attorney
Additional Text: (Name the person who received the Subpoena)
REPLEVIN ACTIONS (POSSESSION OF PROPERTY)
Past Behavior: The Replevin action is filed in person or by mail with the Clerk of Courts. This package
may have contained the Complaint, Case Information Sheet, Notice of Hearing, Request for Hearing,
Motion for Order of Possession, Proposed Order Granting Order of Possession, and Instructions for
Service. The Notice of Hearing was left blank and the hearing date was filled in by the Clerk of Court for
Friday at 1:30 P.M. 3 weeks from the date of filing. The Request for Hearing was stapled behind the
Notice of Hearing (without a time stamp).
New Behavior: The Replevin action is filed electronically. The filer should use the following document
category and document types (additional documents can be added – this is minimum needed):
Category: Complaint and Initiating Docs.
Document Type: Complaint
Document Type: Notice: Replevin Hearing with Attached Request for Hearing (with the date
already filled in)
Document Type: Motion: Possession
Document Type: Order: Possession (Proposed) * does not need to be filed at time of case
initiation but it can be if desired
Document Type: Replevin Instructions for Service (Serve 2 copies of Notice)
Additional Text: (Please continue adding additional information from pleading)
Unique Behaviors for Civil Cases - 15
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
The Notice of Hearing must include the hearing date and time in the document. Replevin hearings
are set for Fridays at 1:30 p.m. – usually 3 weeks from the filing date. If needed, the filer can call the
Magistrate’s office at 937-225-4168 to inquire about the hearing date.
FORCIBLE ENTRY ACTIONS (EVICTIONS)
Past Behavior: The Forcible Entry action was filed in person or by mail with the Clerk of Courts. This
package may have contained the Complaint, Case Information Sheet, Notice of Hearing, and Instructions
for Service. The Notice of Hearing was left blank and the hearing date was filled in by the Clerk of Court
for Friday at 1:30 P.M. 3 weeks from the date of filing.
New Behavior: The Forcible Entry action is filed electronically. The filer should use the following
document category and document types (additional documents can be added – this is minimum needed):
Category: Complaint and Initiating Docs.
Document Type: Complaint
Document Type: Notice: Hearing (with the date already filled in)
Document Type: Instructions for Service
Additional Text: (Please continue adding additional information from pleading)
The Notice of Hearing must include the hearing date and time in the document. Forcible Entry
hearings are set for Fridays at 1:30 p.m. – usually 3 weeks from the filing date. If needed, the filer
can call the Magistrate’s office at 937-225-4168 to inquire about the hearing date.
FILING OF WRITTEN DEPOSITION TRANSCRIPTS
Past Behavior: The Notice of Filing Deposition(s), the Certificate of Compliance, and the Written
Deposition(s) were delivered to the Clerk of Courts to be filed (either by the attorney or by the court
reporter). The Videotape Deposition(s) were filed with the Clerk of Courts, usually at the same time as
the Written Deposition.
New Behavior: The attorney must file the Notice of Filing Deposition(s), Certificate of Compliance, and
the Written Deposition Transcript(s) through the Court’s e-Filing system. VIDEOTAPE
DEPOSITIONS DO NOT GET FILED WITH THE CLERK OF COURT. THEY MUST BE
DELIVERED TO THE COURT 3 DAYS BEFORE TRIAL.
The Written Deposition Transcript must be filed in a PDF format.
The PDF document cannot be an encrypted secured document.
A scanned copy of the transcript that has been converted to a PDF will not be accepted for filing.
Scanned images of exhibits are acceptable.
The following documents must be filed along with the Written Deposition Transcript:
Notice of Filing Deposition – (This document shall identify the deponent and the date the
deposition was taken. It MUST also include a certification that the written deposition that is
being filed electronically is a true record of the deposition that was certified by the officer who
took the deposition and that testimony has not been altered in any way.)
Certificate of Compliance as required by Local Rule 1.27 Deposition Testimony
Unique Behaviors for Civil Cases - 16
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
Written Deposition Transcript
In the event that the transcript, attachments and/or exhibits exceed the maximum document size of 10
megabytes, the attorney shall attempt to reduce the document size either by using a lower resolution for
scanned exhibits and/or by splitting the PDF document into multiple files. The submission would be as
follows:
Document Category: Trial and Hearing Documents
Document Type: Notice of Filing Deposition
o Additional Text: of Nurse XYZ
Document Type: Certificate of Filing Deposition
o Additional Text: to be used in trial
Document Type: Written Deposition Transcript (this is your lead document)
o Additional Text: of Nurse XYZ (pages 1-200)
Document Type: Attachment (make sure to select Written Deposition of Nurse XYX as the
document you wish to have this attachment grouped with)
o Additional Text: pages 201-400 of Nurse XYZ
Document Type: Attachment (make sure to select Written Deposition of Nurse XYX as the
document you wish to have this attachment grouped with)
o Additional Text: pages 401-653 of Nurse XYZ
In the event the attorney is not able to reduce the size of the PDF files so that they may be uploaded to the
Court’s authorized electronic filing system, the attorney must submit to the Clerk’s Office a CD-Rom
containing the transcript and all exhibits in PDF format.
Pursuant to Sup. R. 45 (D), the attorney of record shall omit or redact all personal identifiers from the
written transcripts and all exhibits prior to filing the transcript. Personal identifiers include social security
Unique Behaviors for Civil Cases - 17
Montgomery County, Ohio: Clerk of Courts and Common Pleas Court, General Division
numbers, except for the last four digits; financial account numbers, employer and employee identification
numbers and a juvenile’s name in an abuse, neglect, or dependency case.
Only the Clerk and the Court will have access to the time stamped version of the written deposition
transcript. Any party or attorney of record on the case shall forward all requests for copies of a transcript
to the officer who took the depositions.
All written deposition transcripts shall be filed in accordance with Local Rule 1.27, Local Rule 2.09, Civil
Rule 30, Civil Rule 31, and Civil Rule 32.
NOTIFICATION/REJECTION OF PROPOSED ORDERS
Past Behavior: The eFiling system was originally configured not to send a Notice of Electronic Filing
when Proposed Orders were submitted.
New Behavior: The eFiling system is now configured to send a Notice of Electronic Filing on Proposed
Orders submitted by counsel.
There are two additional changes regarding Proposed Orders:
The Judicial office now has the ability to reject a Proposed Order if it has not been submitted on
the proper case, if the content needs to be changed, or there is a problem with the formatting of
the document. A Judicial Rejection will be sent to the filer and all Participants.
If a filer submits a Proposed Order on a case they are not listed as counsel of record, they will
now get a Notice of Electronic Filing (NEF) when the Order has been signed and filed. A Notice
of Electronic Filing will appear in eFlex for the filer but since they are not associated with the
case, the filer will have to go to the Montgomery County Clerk of Courts PRO site to retrieve a
file-stamped copy of the Order.
