In accordance with Ohio Sup.R. 27, Ohio Civ. R. 5, Ohio Civ.R. 11, the Standards for Electronic Filing Processes by the Ohio Supreme Court Standards Subcommittee of the Advisory Committee on Technology and the Courts, and the 2008 Authentication Standards for the Use of Electronic Signatures in Electronic Documents, the Dayton Municipal Court and Clerk of Court shall allow the Dayton Metropolitan Housing Authority (DMHA) to file Eviction Complaints electronically, subject to the following:

ELECTRONIC FILING DEFINED

“Electronic filing” means the electronic transmission, acceptance, and processing of a filing. An eFile consists of data, a document, and/or an image. This definition of  electronic filing does not apply to facsimile or email.

ELECTRONIC FILING LIMITED TO DMHA EVICTION COMPLAINTS

DMHA is limited to filing the Eviction Complaint electronically during the Pilot Project Period. All other pleadings, documents, and orders in DMHA Eviction Cases must be filed and issued in the conventional manner.

FILING FEES AND ACCEPTANCE OF ELECTRONIC FILINGS

Normal filing fees will be collected via filer credit card, deposit, or other method specified by the Clerk. DMHA Eviction Complaints submitted for filing electronically will not be considered filed until payment is received.

USER AGREEMENT FORM AND CREDIT CARD AUTHORIZATION FORM

Upon DMHA’S filing of a User Agreement Form and Credit Card Authorization Form with the clerk, the clerk shall establish an electronic filer user account and assign a confidential unique identifier to each DMHA employee authorized to electronically file Eviction Complaints.

1. Each authorized DMHA filer shall be responsible for the use and security of his or her identifier.
2. An Eviction Complaint filed electronically through a unique electronic identifier will be deemed to be made with the authorization of the assigned filer.
3. Each electronically filed DMHA Eviction Complaint shall be submitted in the format specified by the Clerk of Court in the User Agreement.

SIGNATURE OF ATTORNEY

1. Each electronically filed Eviction Complaint must be signed by an authorized DMHA attorney, who is admitted to practice in the State of Ohio.
2. An Eviction Complaint shall be signed with a conformed signature of “/s/ (Attorney Name).” The conformed signature of an authorized DMHA attorney shall constitute the signature of that attorney under Ohio Civil Rule 11.
3. Any signature on an electronically transmitted DMHA Eviction Complaint shall be considered that of the attorney it purports to be. If an Eviction Complaint was transmitted without authority, the Court shall order the Eviction Complaint stricken.

HOURS FOR ELECTRONIC FILING

An electronic filing of an Eviction Complaint may be submitted by DMHA to the Clerk twenty-four (24) hours a day, seven days a week. Any document filed after 11:59 p.m., Eastern Time, shall be deemed to have been filed on the next court day.

INFORMATION PROHIBITED FROM BEING FILED

No filer shall electronically file any document containing a social security number; account number for an individual’s bank account, security account, debit card, charge card, or credit card or other information prohibited by law. It is the sole responsibility of the filer to ensure that no prohibited information is submitted with the Eviction Complaint.

TRANSACTION NUMBER ASSIGNED TO THE EVICTION COMPLAINT

A transaction number will be assigned to each Eviction Complaint when it is received in its entirety by the receiving device of the clerk. The transaction number and the date and time of filing will be displayed on the screen of the filer’s computer, with an image of the document filed, upon successful transmission of the document. Filers will be notified via electronic mail if the filing is rejected for any reason. A corrective filing may be sent at a later time if the filer elects to do so, but such a filing will be considered a new filing and will not relate back to the date and time of the original attempt to file the Eviction Complaint. If an Eviction Complaint is rejected due to technical errors and the filer wishes to have the corrective filing relate back as to date and time, the filer must file a motion with the court seeking such relief.

DELAY OR FAILURE TO FILE

All filers of DMHA electronic Eviction Complaints shall be responsible for any delay, disruption, interruption of the electronic signals, and readability, and accept the full risk that the documents may not be properly filed with the clerk as a result.

REJECTED FILINGS

Rejected documents shall be retained for a period of one year from the date of transmission.

SERVICE OF ELECTRONICALLY FILED DMHA EVICTION COMPLAINTS

Electronically filed DMHA Eviction Complaints shall be served in the conventional manner in accordance with the Ohio Revised Code and Civil Rules.

ELECTRONIC DMHA EVICTION COMPLAINT ACCEPTED AS THE ORIGINAL

An Eviction Complaint electronically filed shall be accepted as the original filing if the filer complies with all of the requirements set forth in this rule. The electronically filed Eviction Complaint will be part of the official court record along with the paper documents filed in the case. The filer shall not be required to file the source document with the clerk but must maintain the same in the filer’s records, and have the same available for production on request of the court, the clerk or other counsel. The filer shall maintain the source document until the subject case is closed and all appeals and opportunities for appeal have been exhausted.