FAX FILING FAQs

Does the Clermont County Common Pleas Court accept fax filing?

Yes.  Fax filing is provided for in LOCAL RULE 17.

Can I use fax filing in just civil cases, just criminal cases, or both?

Both. The Local Rule applies to civil and criminal proceedings in the Clermont County Court of Common Pleas.

What phone number should I use to fax file a document?

The Clerk of Court’s fax number is 513-732-7050.

Is there anything I can’t fax file?

These documents will not be accepted by the Clerk of Courts for fax filing: (1) Filings commencing an action; (2) Filings that require a cost deposit or fee; (3) Filings that require a judge’s signature; (4) Filings that exceed 30 pages, including exhibits; (5) Service copies; and (6) Any document that is larger than 8 ½ x 11 inches.

Can I use email instead of fax filing?

No. As used in the Local Rules: “A ‘facsimile transmission’ means the transmission of a source document by a facsimile machine that encodes a document into optical or electrical signals, transmits and reconstructs the signals to print a duplicate of the source document at the receiving end. A ‘facsimile machine’ means a machine that can send and receive a facsimile transmission. ‘Fax’ is an abbreviation for ‘facsimile’ and refers, as indicated by the context, to facsimile transmission or to a document so transmitted.” This does not include email.

Do I also have to submit the original?

No.  A document filed by fax will be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Court, but must maintain in his or her records, and have available for production on request by the court, the source document filed by fax with original signatures as otherwise required under the applicable rules and the source copy of the facsimile cover sheet used for the filing.

What do I do with the original after I file something by fax?

You keep it in your office file. The source document filed by fax must be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

Do I have to submit anything along with the document?

Yes, you will need a cover page, which must contain: (1) the name of the court; (2) the title of the case; (3) the case number; (4) the assigned judge; (5) the title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint; Plaintiff Smith’s Response to Defendants’ Motion to Dismiss; Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss); (6) the date of fax transmission; (7) the transmitting fax number; (8) an indication of the number of pages included in the transmission, including the cover page; (9) if a judge or case number has not been assigned, state that fact on the cover page; (10) the name, street address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document, if available.

What happens if I forget the cover page?

If a document is sent by fax to the Clerk of Court without the cover page information listed above, or if the transmission contains a filing that is not acceptable under the Local Rules, the Clerk is authorized to reject the filing.

Will I get a confirmation of receipt from the Clerk?

No. The Clerk of Court does not acknowledge receipt of a successful fax transmission. The Clerk of Court is also not required to send any form of notice to the sending party of a partial or failed fax filing. However, if practicable and only as a courtesy, the Clerk of Court may inform the sending party of a failed fax filing.

How are signatures handled if the document requires one or more?

A party who wishes to file a signed source document by fax shall either: (1) fax the signed source document; or (2) fax 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. A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.

How should I handle exhibits?

Each exhibit to a facsimile produced document that cannot be accurately transmitted via fax for any reason must be replaced by an insert page describing the exhibit and why it is missing. Unless the court otherwise orders, the missing exhibit must be physically filed with the court, as a separate document, not later than 5 court days following the filing of the facsimile document. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.

Do the exhibits need anything else?

Yes. Any exhibit filed in this manner must be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the 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 in this court.

When is a faxed document considered filed?

Subject to the provisions of the Local Rule, all documents sent by fax and accepted by the Clerk will be considered filed with the Clerk of Courts as of the date and time the fax transmission was received by the Clerk of Courts.

Should I send a duplicate copy to the Judge’s chambers?

No. Fax filings may not be sent directly to the court for filing, but may only be transmitted directly through the facsimile equipment operated by the Clerk of Courts.

What happens if something goes wrong with the fax filing?

The risks of transmitting a document by fax to the Clerk of Courts are borne entirely by the sending party. If you are using fax filing, you are urged to verify receipt of that filing by the Clerk of Court through whatever technological means are available.

Is there a charge for fax filing?

No. You may fax file for free without fee.

May I submit a mediation pre-conference statement by fax?

Yes, but those statements must go directly to the Mediation Office at 513-732-7127. You can also email statements to hpaddock@clermontcountyohio.gov. Do not file mediation statements with the Clerk of Court.  

What if I have a question not covered by the Local Rule or these FAQs?

The main number for the Clerk of Court is 513-732-7560. Please remember that Clerk staff cannot give you legal advice.