Page 33 - November 2018 | Cleveland Metropolitan Bar Journal

BUSINESS LITIGATION

are submitting a proposed order, you will your adversaries from viewing the filing, • Objections to depositions should be filed
be guided through a few short steps before and while the current draft of Local Rule 39 as a motion, not as an objection under
submitting it. In our experience, far too few (I)(3) generally authorizes a filer to consider e-filing. Filing something as a motion
filers recognize the purpose and importance electronic filing to “constitute service of the indicates to the Court that it must act on
of the proposed order feature. filed document and satisfies the certificate of the filing. When these objections are filed
If you choose to file a document your first service requirement,” the actual document is just before trial and not marked as motions,
step is to select the filing attorney, docket not delivered through e-filing. E-filing only they can get lost in the flood of filings that
type, and docket detail. This is a crucial step. sends an attorney on the case a notice that precede a trial.
The docketing system used by the court is a something has been filed. It does not attach • Dismissal entries and proposed orders. A
database, and there are queries and reports the filed document to the e-mail. dismissal entry is not a filing of the parties.
that depend on accurate data being entered. Finally, your clients often review the It is not a “general pleading” and should not
The docket type that is selected is a code that docket and maintain an interest in their be filed on the docket. It is a judgment entry
will trigger certain responses from the e-filing lawsuits. It is helpful to them if the docket being proffered to the court for approval
system and sends important information to is clear and easy to understand, especially and signature and should be submitted to
the Court. The docket type coding is listed on for lay clients who may need more not have the court appropriately. In e-filing, it should
the public docket, some examples of docket the necessary background knowledge to be submitted as a “proposed order” and
type codes are JE, MO, NO, OT. When a decipher a complicated or not well-explained should never be filed as a docket entry.
document is miscoded when e-filed, it will docket. If they do not understand something • You don’t know what to do. Ask! The court
not show up in searches and reports run by you will need to spend extra time explaining and the clerk’s office are happy to answer
the court. the state of the case to them. your e-filing questions and fix problems
For example, if a motion is filed and before they start.
coded as something other than a motion, WHAT ARE SOME OTHER COMMON
it will not show up on the court’s list of DOCKETING PROBLEMS AND EASY WHAT IS NEXT?
pending motions on which the court needs SOLUTIONS? Until recently, e-filing had been governed by
to rule. Your motion could be overlooked As discussed above, using the proper the First Amended Temporary Administrative
inadvertently and a ruling delayed due to docketing codes is key. There are some other Order, SD-13-077231. At their October 2018
the miscoding. Additionally, the court can common problems that can occur: meeting, the Judges of the Court of Common
search the docket by using the docketing • Motions for leave filed as amended Pleas approved Local Rule 39 and superseded
codes, so if your filings are miscoded, they complaints. A party files an Amended the temporary administrative order. After it
are more difficult for the court to locate Complaint, but when the document is goes into effect, the rule will be posted on the
when needed. opened, it is a motion for leave to file an Court’s website.
The next step in e-filing is no less Amended Complaint. The filer should
important — you are asked to enter the have coded this as a motion and provided
title of the document. Many times, the title the proper title in e-filing. As it was Judge Janet R. Burnside has been
information in the caption of the actual miscoded, it will not show up on a list on the Common Pleas Bench since
filing does not match the information that of motions to be ruled on. Additionally, 1991 and will retire at the end of
the filer inputs on the docket in the box in to the outside world the docket states an her term in 2019. She has been a
e-filing titled “Enter Full Document Title.” Amended Complaint has been filed, but in CMBA member since 1978. She can
When you need to review the docket to reality, the party is asking for permission be reached at (216) 443-8671 or cpjrb@
find a filed document, how will you be able to file one. cuyahogacounty.us.
to find it when the docket does not list the • Filing on behalf of other parties. Filing a
proper title? What if everything is titled document on behalf of a party triggers an
“brief?” It saves you time and aggravation entry of appearance for that party in the Kendra Davitt has been a staff
to have the docket clearly exhibit what has case. If you click on the box for an adverse attorney since 2013 for Judges
been filed in the Court. party, the filing attorney’s name will be Janet R. Burnside and Michael J.
Did you know that items filed with docket added as counsel for that party. This can Russo, though not always at the
type “other” and docket detail “general create confusion for the court, especially same time. She has been a CMBA
pleading” cannot be viewed on the public in cases with numerous parties, member since 2012. She can be reached at
docket? While there are situations where it • Transcripts being filed as DVDs or (216) 443-8591 or kndavitt@cuyahogacounty.
makes sense to shield a filing from public notices. It is common practice for litigants
view, this should not be a default filing to record depositions as DVDs. Filing the
label. The “other” and “general pleading” DVD without a transcript is not helpful Both were raised near working farms and
coding is not intended to be a catch-all for to the court. The court is not equipped attended The Ohio State University for their
those who do not want to take the time to to watch a deposition instead of reading undergraduate and graduate degrees; although
properly file documents with the court. It a transcript, and it is not helpful for while Judge Burnside stayed for law school, Ms.
should be used only when no other option is making rulings on summary judgment, or Davitt opted for a larger school, and attended
appropriate. Filing with these codes prevents objections to the deposition before trial. The University of Texas.
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