1.         Are convenience fees due even when an indigency affidavit is filed?

            No. If the check box is selected for “Affidavit Of Indigency”, then there is no deposit required and therefore no convenience fee. An Affidavit of Indigency must be filled with the submission.

2.         Are other courts contemplating implementing e-filing systems from Tybera or any other vendors?

            Yes. Many Courts in Ohio are looking at eFiling and we have been involved in showing them what our system is capable of.

3.         When filing complaints with attached exhibits, is it an option to upload the exhibits as a separate PDF, rather than in the same file?

            Yes, you may prepare your complaint as a separate PDF from the exhibits but it will be an attachment to the complaint and will be reflected as one document for the record.  You must add your complaint to the submission then select attachment or exhibit as your next document type.  You will be asked what document you want the attachment or exhibit attached to; you must select the complaint.  You can add as many attachments as you need while staying within the size guidelines.  The complaint and exhibits will be combined as one document for the record.

4.        Can a notification be sent to the Sheriff’s office when an Order is signed to cancel a foreclosure sale?

           No, we are currently working with the Sheriff’s office with the goal of complete automation. This particular Order is on the list of things to automatically deliver.

5.        Can you repeat what information goes into the Filer Reference No.?

The filer reference no. would be any number and/or name that you may assign to your client.  Filer Reference No. is better known as your client case number.  The filer reference no. is not a mandatory field so if you do not assign a client number or name, you can leave this field blank.

6.         Do you have to use /s/ for signature or can you use your real signature?

            The /s/ is the acceptable electronic signature for attorneys and we do not need a wet signature. It is more labor intensive  to electronically file a document with your “real signature”. It requires you to print your document, sign the document, and then scan it back to an electronic format (PDF). Scanned documents prevents us from taking advantage of : the ability to search documents or copy and paste, and Scanning also increases the size of documents. You can always create an image of the actual signature and insert this image on the signature line if necessary. 

7.         For Summary Judgments - Are we required to file the motion for leave and order granting leave first, and then file the msj and entry second?

You must file the Motion and the Entry as separate documents but you can include them in the same submission.  The Court actually prefers the Motion and the Entry be filed in the same submission.  If you want the Entry to be attached to the Motion as well, you can mark that as an exhibit and include this in the PDF document. Please make sure to label this as an exhibit.  The Motion must be filed as a PDF document and the Entry for the Judge to sign must be a .doc, .docx, or .wpd file format.

8.         I work for Ohio Atty Gen - we don’t pay filing fees.  What is our process for the “select a   payment method?”

The Payment Options is based on the Organization the user is assigned to. The Ohio Attorney General’s office is considered “exempt” from deposits or filing fees.  If you are initiating a new case, the “select a payment method will not even be available”.  The fees will be assessed to the case but you will not be required to pay the deposit up front.

9.         If you file a Motion and Entry (example: Motion for Summary Judgment) we usually attach the Entry to the back of the Motion.  Do we need to file the    Entry separate from the Motion since the judge needs to sign it? Do we file as one document - PDF. or DOC?

You must file the Motion and the Entry as separate documents but you can include them in the same submission.  The Court actually prefers the Motion and the Entry be filed in the same submission.  . The Motion gets filed as a PDF (because it does not require a Judges signature) and, if you like, you could attach, as a PDF, a version of that Order. This is not the same as filing the order. You are simply showing the order you have prepared and it will become one Docket entry with the Motion.

The Entry/Order you need signed by the Judge MUST come in as a .DOC or .DOCX. There is no other way to file an entry for Judges to sign. They are filed individually in a Word Processing format that can be opened, changed, if needed and finally signed. This process then converts the signed order to a PDF.    

10.       Is the instrument number mandatory for praecipes?

            The Prior Instrument Reference is not mandatory. Only items with an asterisk (*) before the box are mandatory.

11.       Is there a link to find out which types of cases are still done as paper filings?

            Currently: Certificate of Judgment; Executions and Criminal cases types within the     Montgomery County, Common Pleas Court, General Division are still being filed in         paper.

12.       For documents that have filing fees, do you have a link telling us which ones need filing fees?

            We do not have a link in the Eflex site to tell you which documents have a filling fee. You can access the filing fees at http://www.clerk.co.montgomery.oh.us/legal/cvfees.cfm   

13.       What is the emergency box for?

            The emergency box is to be checked if you are filing a TRO or perhaps an Order to Withdraw Sheriff Sale (and the Proposed Order is getting submitted the morning of the sale!).  When the box is checked, the submission is flagged and marked red in order for the Clerk to catch the emergency.  If a filer develops a habit of marking everything “emergency”, the Clerk’s office will take note and will eventually reject the filings.

14.       Are you planning another session?

            Yes. We will be setting future webinar dates in the next few weeks and broadcast those    to all electronic filers.

15.       I was wondering if this webinar was going to be taped so that one of the staff at our firm   may view it at a later date.

            The Webinar was not taped. Our goal is to do these periodically so that updates to the system are always captured. The future dates will be communicated as soon as they are available.

The Clerk of Court has already laid the foundation for electronic filing through its Public Records Online system. This system places most court documents at the fingertips of anyone with an internet connection. Imaging technology is used to “scan” paper documents and convert them to electronic files that are stored in a document management system. The effort and expense needed to scan each and every new filing is not trivial. Electronic filing can save the clerk the cost of converting most documents from paper to electronic form by taking advantage of the fact that lawyers and other court users create most documents filed in courts using their own computers. It is inefficient to have these pleadings converted to paper merely to be reconverted to images when they reach the courthouse.

Electronic filing systems have been very successful in many other courts. The effectiveness and efficiency of the court, clerk and law practice will only be enhanced as these systems are implemented. By reducing redundant processes and streamlining procedures, significant cost savings and efficiencies can be realized with electronic filing.