The Law Mind

Assignment of Pro Bono Counsel

N.D. Ohio Rule 83.10

At the discretion of the judicial officer, counsel may be assigned to represent a pro se litigant in a civil case pursuant to the Court’s Pro Bono Civil Case Protocol. (See Appendix J.) Assignment of counsel is not a right of a pro se litigant but may be utilized in those limited cases where the judicial officer believes such an assignment is warranted. Pursuant to the Protocol, a judicial officer may instruct the Clerk’s Office to select counsel with experience in the subject matter of the case from the list of attorneys who have volunteered to provide Pro Bono services. The Court will reimburse assigned counsel, pursuant to the Pro Bono Civil Case Protocol, for certain expenses incurred in providing representation. Last Revised 8/28/24. See Historical Notes for full Revision History Supplemental Rule C.1 Publication (a) The notice required by Rule C(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure shall be published at least once and shall contain the fact and date of the arrest, the title of the cause, the nature of the action, the amount demanded, the name of the Marshal, and the name and address of the attorney for the plaintiff. The notice shall also contain a statement that any person who asserts a right of possession or any ownership interest in the property that is the subject of the action must file a verified statement of right or interest with the Clerk of Court within ten (10) days of the date of publication, in compliance with Rule C(6) and must serve their answers within twenty (20) days after the filing of their statements of right or interest. The notice shall also state that all interested persons should file statements of right or interest and answers within the times so fixed; otherwise default will be noted and condemnation ordered. (b) When the property remains in the custody of the Marshal, the cause will not be heard until after publication of notice of arrest is made in that cause or in some other pending cause in which the property is held in custody. No final judgment shall be entered ordering the condemnation and sale of the property, not perishable, arrested under process in rem unless publication of notice of arrest in that cause shall have been duly made. Last revised 10/22/09. See Historical Notes for full revision history. Supplemental Rule E.1 Property in Possession of Officer or Employee of the United States (a) In proceedings in rem on behalf of the United States, when the property is in the custody of an officer or employee of the United States, the Clerk, at the instance of the United States Attorney, may omit the attachment clause in the monition. (b) In such suits and also in other suits in rem, when the property is in the custody of an officer or employee of the United States under authority of any law of the United States, it shall be sufficient service of the monition and warrant, in such other suits in the first instance, to leave a copy thereof with said officer or employee of the United States with notice of attachment of the property therein described, and requiring such officer or employee to detain such property in custody until the further order of the Court; and in case the officer or employee is not found within the District, then to leave also such copy and notice with the custodian of the property within the District, with notice also, except in customs seizure cases, to the owner or the owner's agent, if found within the District, subject, however, to such further special order as the Court may make. Last revised 4/7/97. See Historical Notes for full revision history. Supplemental Rule E.2 Summary Release from Arrest or Attachment Where property is arrested or attached, any person claiming an interest in the property arrested or attached, may, upon a showing of any improper practice or a manifest want of equity on the part of the plaintiff, be entitled to an order requiring the plaintiff to show cause forthwith why the arrest or attachment should not be vacated or other relief granted consistent with these Rules. Last revised 10/22/09. See Historical Notes for full revision history. Supplemental Rule E.3 Security Any party having an interest in the subject matter of the suit may, at any time on three (3) days' notice, move the Court on special cause shown for greater or better security. Any order made thereon may be enforced by attachment or otherwise. Last revised 4/7/97. See Historical Notes for full revision history. Supplemental Rule E.4 Appraisement and Appraisers Orders for the appraisement of property under arrest or attachment at the suit of a private party may be entered as of course by the Clerk, at the instance of any party interested or upon the consent of the attorneys for the respective parties. Only one appraiser is to be appointed, unless otherwise ordered; and, if the respective parties do not agree in writing upon the appraiser to be appointed, the Court shall forthwith name an appraiser. Appraisers, before executing their trust, shall be sworn or affirmed to its faithful discharge before the Clerk or the Clerk's deputy and shall give three (3) days' notice of the time and place of making the appraisement, by notifying the attorneys in the cause and by affixing the notice in a conspicuous place, where the Marshal usually affixes notices, to the end that all persons concerned may be informed thereof. The appraisement, when made, shall be returned to the Clerk's Office. Last revised 4/7/97. See Historical Notes for full revision history. Supplemental Rule E.5 Sale (a) Unless otherwise ordered as provided by law, notice of sale of the property after condemnation in suits in rem shall be published daily for at least six (6) days before sale. (b) No sale of the property shall be ordered by interlocutory judgment before the sum chargeable thereon is fixed by the Court, except by consent of the parties or by order of the Court. Last revised 4/7/97. See Historical Notes for full revision history. Supplemental Rule E.6 Custody of Vessel (a) Upon the seizure by the Marshal of a vessel by arrest or attachment in any suit in personam, in rem, or both, the Marshal shall appoint as keeper or custodian of the vessel so seized, the vessel's master or other officer upon such master's or other vessel officer's acceptance of the responsibilities and liabilities incidental to the appointment, unless the Marshal shall receive permission of the Court for the appointment of any other person. (b) Upon proper motion of any party having an interest in the vessel so seized, and upon proof of responsibility satisfactory to the Court, the Court shall appoint at any time during the seizure a keeper or custodian as substitute for any keeper or custodian so appointed by the Marshal. (c) Upon seizure of the vessel, the Marshal, keeper or custodian shall not impede the conduct of the loading and discharging of cargo or other operations normal to the vessel unless deemed necessary for the safe custody of the seized vessel. (d) Upon proper motion of any party having an interest in the seized vessel, upon proof satisfactory to the Court of adequate insurance protection covering the seized vessel, and upon at least one (1) day's notice to the Marshal, keeper or custodian, the Court shall order the cancellation of any insurance placed upon the seized vessel on behalf of the Marshal, keeper or custodian, save only such insurance as may be necessary to protect against liability in such capacity, and subject to such provision as the Court may require for the continuing maintenance of adequate insurance protection. (e) Upon proper motion of any party having an interest in the vessel, and upon the filing of a stipulation or other form of undertaking satisfactory to the Court guaranteeing the payment of any sums found legally payable to the plaintiff by judgment of the Court or by settlement, and upon at least one (1) day's notice to the plaintiff, the Court shall order the release of the vessel so seized subject to the further order of the Court. Last revised 4/7/97. See Historical Notes for full revision history. Supplemental Rule E.7 Accounting by Marshal Upon the return of any process of sale, the Marshal shall file with the Clerk an account of all property sold and pay over to the Clerk all monies received with a bill of the Marshal's charges. The Clerk shall tax the charges and pay them to the Marshal out of such monies. Last revised 4/7/97. See Historical Notes for full revision history. Supplemental Rule E.8 Claims After Sale, How Limited In proceedings in rem, after a sale of the property under a final decree, claims upon the proceeds of sale, except for seamen's wages, will not be admitted on behalf of lienors filing complaints or claims after the sale, to the prejudice of lienors under claims filed before the sale, but shall be limited to the remnants and surplus, unless for cause shown it shall otherwise be ordered. Last revised 4/7/97. See Historical Notes for full revision history. Supplemental Rule F.1 Election to Transfer Owner’s Interest in Vessel to a Trustee Whenever a complaint for limitation of liability elects to transfer to a trustee the owner’s interest in the vessel and shows any prior paramount lien, lienors, or creditors, and the vessel is so surrendered, no final decree exempting from liability will be made until all such liens or claims as may be admitted or proved, prior to such final decree, to be superior to the liens of the claims limited shall be paid or secured independently of the property surrendered. The monition in cases of election to transfer the owner’s interest in the vessel shall cite all persons having any claim upon the vessel to appear on the return day or be defaulted, as in ordinary process in rem. Last revised 10/22/09. See Historical Notes for full revision history. Supplemental Rule F.2 Complaint Seeking Appraisement If an appraisement of the vessel is sought for the purpose of giving a stipulation for value, notice of the proceedings to appraise the vessel shall be given to such lienors and creditors as are stated in the complaint or known to the plaintiff, as the Court shall direct. Last revised 10/22/09. See Historical Notes for full revision history. LR - Appendix A LR - APPENDIX B UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ELECTRONIC FILING POLICIES AND PROCEDURES MANUAL October 6, 2025 Introduction The U.S. District Court for the Northern District of Ohio requires attorneys in civil and criminal cases to file documents with the Court electronically over the Internet thru its NextGen Case Management/Electronic Case Files (NextGen CM/ECF) system. The Court requires attorneys to file documents electronically, absent a showing of good cause, unless otherwise excused by the procedures set forth below or by Order of the Court. While parties and pro se litigants may register to receive “read only” electronic filing accounts so that they may access documents in the system and receive electronic notice, typically only registered attorneys, as Officers of the Court, will be permitted to file electronically. The Judicial Officer may, at his or her discretion, grant a pro se litigant who demonstrates a willingness and capability to file documents electronically permission to register to do so. Permission to file electronically may be revoked at any time. 1. Authorization for Electronic Filing Pursuant to Fed. R. Civ. P. 5(d), Fed. R. Crim. P. 49(d) and (e), LR 5.1(b) and LCrR 49.2, the following policies and procedures govern electronic filing in this district unless, due to extraordinary circumstances in a particular case, a judicial officer determines that these policies and procedures should be modified in the interest of justice. 2. Definitions and Instructions The following definitions and instructions will apply to these Policies and Procedures for Electronic Filing: 2.1 The term “document” shall include pleadings, motions, exhibits, declarations, affidavits, memoranda, papers, orders, notices, and any other filing by or to the Court. 2.2 The term “party” shall include counsel of record and a pro se litigant. 2.3 All hours stated shall be Ohio time. 3. Application of Rules and Orders Unless modified by approved stipulation or order of the Court or a judicial officer, all Federal Rules of Civil and Criminal Procedure, Local Rules, and orders of the Court will continue to apply to cases filed electronically. 4. Applicable Cases Electronic filing will be expected in all civil and criminal cases unless otherwise ordered by the Court. The parties will begin filing electronically in a case immediately. 5. Social Security Review and Immigration Cases Unless otherwise ordered by the Court, in an action for benefits under the Social Security Act, and in an action or proceeding relating to an order of removal, relief from removal, or immigration benefits or detention, access to an electronic file is authorized as follows: (1) the parties and their attorneys may have remote electronic access to any part of the case file, including the administrative record; (2) any other person may have electronic access to the full record at the courthouse, but may have remote electronic access only to: (A) the docket maintained by the Court; and (B) an opinion, order, judgment or other disposition of the Court, but not any other part of the case file or the administrative record. Social security transcripts that are available from the Social Security Administration in electronic format should be filed electronically. Social security transcripts that are filed electronically may exceed the 35-megabyte limitation set forth in Section 15 in order to take advantage of the index and hyperlinks within those documents. Social security transcripts that are not available electronically will be filed and served on paper in the traditional manner since scanning that set of documents, and filing or retrieving them electronically, is impractical at this time. Typically, social security transcripts filed manually will not be scanned by the Clerk’s Office but will be maintained in a paper case file. 6. System Requirements While the system requirements may be set forth more completely in a User’s Manual or other Court publication, it is expected that the following hardware and software will be needed to electronically file, view and retrieve documents in the electronic filing system: ● A personal computer running a standard platform such as Windows or Macintosh. ● A PDF-compatible word processor like Macintosh or Windows-based versions of WordPerfect or Word. ● Internet service. ● A NextGen CM/ECF-compatible web browser. ● Software to convert documents from a word processor format to portable document format (PDF). ● Adobe Acrobat Reader, which is available for free, is needed for viewing PDF documents. ● A scanner may be necessary to create electronic images of documents that are not in your word processing system. 7. Fees in the District Court A. On-Line Payment of Fees. All ECF transactions that require a payment shall be paid on-line on the same day that the transaction is docketed. B. Acceptable Credit Cards. Only VISA, MASTERCARD, AMERICAN EXPRESS, DISCOVER and DINERS CLUB credit cards will be accepted. Debit cards from the above-mentioned providers that do not require a “PIN” code will also be accepted. 8. Filing of Case Initiating Documents / Payment of Filing Fee / Service of Summons Civil case initiating documents (e.g., Complaints, Notices of Removal) can be filed electronically if filer is using a credit card for payment of the required fee. Summons will be issued electronically for parties to perfect service. Criminal case initiating documents (e.g., Informations, Indictments, Complaints) will be filed on paper rather than electronically. 9. General Format of Documents to be Filed Electronically Electronically filed documents must meet the requirements of Fed. R. Civ. P. 10 (Form of Pleadings), LR 10.1 and LCrR 49.1 (General Format of Documents Presented for Filing), and LR 10.2 and LCrR 49.2 (Designation of District Judge and/or Magistrate Judge) as if they had been submitted on paper. Documents filed electronically are also subject to any page limitations set forth by Court order or by LR 7.1(f) (Length of Memoranda). Electronically filed documents should be in PDF text searchable format whenever possible. 10. Filing Documents Electronically Electronic transmission of a document consistent with the procedures adopted by the Court will, upon the complete receipt of the same by the Clerk of Court, constitute filing of the document for all purposes of the Federal Rules of Civil and Criminal Procedure and the Local Rules of this Court, and will constitute entry of that document onto the docket maintained by the Clerk pursuant to Fed. R. Civ. P. 58 and 79 and Fed. R. Crim. P. 55. A receipt acknowledging that the document has been filed will immediately appear on the filer’s screen. Parties can also verify the filing of documents by inspecting the Court’s electronic docket sheet. The Court may, upon the motion of a party or upon its own motion, strike any inappropriately filed document. Documents filed electronically must be submitted in the Adobe Acrobat PDF format. Documents created on a computer should be converted directly to PDF without scanning. Documents requiring an original signature or documents that cannot be converted directly should be scanned into PDF. Filing documents electronically does not alter any filing deadlines. All electronic transmissions of documents must be completed (e.g., received completely by the Clerk’s Office) prior to midnight in order to be considered timely filed that day. Although parties can file documents electronically 24 hours a day, attorneys and parties are strongly encouraged to file all documents during normal working hours of the Clerk’s Office (8:00 a.m. to 4:45 p.m.) when assistance is available. 11. Civil and Criminal Dockets Upon the filing of a document, a docket entry will be created using the information provided by the filing party. The Clerk of Court will, where necessary and appropriate, modify the docket entry description to comply with quality control standards. 12. System Availability The Court’s system is designed to provide service 24 hours a day. The parties, however, are encouraged to file documents in advance of filing deadlines and during normal business hours. The Clerk’s Office is available to respond to questions regarding the electronic filing system and the registration process business days from 8:00 a.m. to 4:45 p.m. and will be available at all other times to record voice mail messages. Cleveland: 1-800-355-8498 Akron: 330-252-6000 Toledo: 419-213-5500 Youngstown: 330-884-7400 If a party is unable to file electronically and, as a result, may miss a filing deadline, the party must contact the Clerk’s Office to inform the Clerk of Court of the difficulty. If a party misses a filing deadline due to an inability to file electronically, the party may submit the untimely filed document, accompanied by a declaration, as a separate document, stating the reason(s) for missing the deadline. The document and declaration must be filed no later than 12:00 noon of the first day on which the Court is open for business following the original filing deadline. A model form is provided in Appendix A. 13. Registration In order to effectively use the electronic filing system and retrieve documents from the electronic filing system, users, including members of the public, must have a PACER (Public Access to Court Electronic Records) account. PACER is a national billing system that provides case information from nearly all federal courts. Users who do not have a PACER account will be unable to view or retrieve docket sheets or documents over the Internet, but may access that information, unless otherwise restricted, at the court house. a. A PACER Account can be established through the PACER Service Center at www.pacer.gov; and the registration form can be completed at: https://pacer.psc.uscourts.gov/pscof/registration.jsf Under the PACER system, parties and counsel of record are entitled to one free copy of each document filed in their cases, so long as they retrieve the document within 15 days of filing. Subsequent access to those documents, or access to documents in other cases, are subject to PACER billing fees. See the PACER web site for current rates and details. b. NextGen CM/ECF Registration for the Northern District of Ohio is located on the Court’s web site at: https://www.ohnd.uscourts.gov/electronic-filing-registration Attorneys seeking to file electronically must be admitted to practice in the U.S. District Court for the Northern District of Ohio. Once registration is completed and approved by the Court, the party will be notified via email that filing privileges have been granted. The user’s login and password required to submit documents to the electronic filing system serve as the user’s signature on all electronic documents filed with the Court. They also serve as a signature for purposes of Fed. R. Civ. P. 11, the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Local Rules of this Court, and any other purpose for which a signature is required in connection with proceedings before the Court. Parties agree to protect the security of their passwords and immediately notify the Clerk of Court if they learn that their password has been compromised. Parties may be subject to sanctions for failure to comply with this provision. It is the responsibility of any attorney who has e-filing access to keep all contact information, including email addresses, updated and current. The primary email address must be updated through PACER. Manage My Account → Maintenance → Update E-Filer Email Noticing and Frequency The secondary email address(es) must be updated through NextGen CM/ECF. Utilities → Your Account → Maintain Your Email 14. Service of Electronically Filed Documents The parties must make available electronic mail addresses for service. Instructions to set up e-mail notification are available at: https://www.ohnd.uscourts.gov/sites/ohnd/files/MaintainingYourAccount Upon the filing of a document by a party, an e-mail message will be automatically generated by the electronic filing system and sent via electronic mail to the e-mail addresses of all parties in the case. In addition to receiving e-mail notifications of filing activity, the parties are strongly encouraged to sign on to the electronic filing system at regular intervals to check the docket in their case. No certificate of service is required when a paper is served by filing it with the Court’s electronic filing system. It is the responsibility of the filing party to ensure that all other parties are properly served. Fed. R. Civ. P. 5(b)(3) notes that service by electronic means is not effective if the party making service learns that the attempted service did not reach the person to be served. If a party requiring service is not listed on the electronic filing receipt as having been sent an electronic notice of the filing, the filing party must serve that party by other appropriate means. 15. Electronic Filings A key objective of the electronic filing system is to ensure that as much of the case as possible is filed and made available electronically. To facilitate electronic filing and retrieval, documents to be filed electronically are to be reasonably broken into their separate component parts. By way of example, most filings include a foundation document (e.g., motion) and other supporting items (e.g., memorandum and exhibits). The foundation document as well as the supporting items will each be deemed a separate component of the filing, and each component must be uploaded separately in the filing process. Any component having an electronic file size that exceeds 35 megabytes, with the exception of social security transcripts as noted in Section 5, should not be filed electronically. Where an individual component is not included in the electronic filing, the filer must electronically file the prescribed Notice of Manual Filing in place of that component and the excluded component must be filed with the Clerk’s Office within any deadlines and no later than one business day after the rest of the submission was filed electronically. A model form is provided as Appendix B. The following example illustrates the application of this section. A party seeks to file a motion, a supporting memoranda, and four exhibits (A, B, C and D). The motion is a text document that, after conversion to Adobe PDF, has a size of 5kb. The supporting memoranda is a text document that, after conversion to PDF, has a size of 45kb. Attachment A is a scanned image of a one-page document that, after conversion to PDF, has a size of 200kb. Attachment B is a scanned image of a 60-page document that, after conversion to PDF, has a size of 37mb. Attachment C is a scanned image of a 10-page document that, after conversion to PDF, has a size of 1.2mb. Attachment D represents an object that cannot be converted to digital format. Each document should be kept as a separate component (PDF file) rather than being merged together as one file in order to facilitate easy retrieval of any individual component. Each of the components, except for Attachments B and D, should be filed electronically in one submission by filing the motion and attaching the memoranda and exhibits through the electronic filing system. Attachment B, at 37mb, exceeds the 35mb file size standard for conveniently creating, filing and retrieving documents. Attachment D cannot be scanned. In the electronic submission, Attachments B and D should each be replaced by a Notice of Manual Filing form. Attachment B should then be manually filed with the Court on paper with an original signature, along with a copy of the attachment on disk, and served upon the parties in the traditional, non-electronic manner. Attachment D should be treated as it would if a traditional filing system were being used. 16. Manual Filings Parties otherwise participating in the electronic filing system may be excused from filing a particular component electronically under certain limited circumstances, such as when the component cannot be reduced to an electronic format or exceeds the file size limit described in Section 15. Such component must not be filed electronically, but instead must be manually filed with the Clerk of Court, contain an original signature, and be served upon the parties in accordance with the applicable Federal Rules of Civil and Criminal Procedure and the Local Rules for filing and service of non-electronic documents. A party may seek to have a component excluded from electronic filing pursuant to Fed. R. Civ. P. 26(c). Whenever a party makes an electronic filing which excludes a component that will be filed manually, the electronic filing must include a Notice of Manual Filing in place of that component. A model form is provided as Appendix B. If the entire filing, including all components, is made manually, a Notice of Manual Filing should not be filed, either electronically or manually. Whenever it is practical, the Clerk’s Office will scan manual filings and enter them into the electronic filing system. Once a document is scanned into the system, Section 22 below provides that the electronic version becomes the official record of the Court and permits the Clerk of Court to retain, return or discard the original. If a party believes that retention of the original is warranted, a copy of the document should be filed with the Court and the party should retain the original. A party may also request at the time of filing or within 10 days thereafter, through a separate document, that the original be returned, rather than discarded, should the Clerk’s Office ever determine it is no longer needed by the Court. The pages of all documents filed manually should be one-sided in order to facilitate scanning by Court staff. 17. Retention of Originals of Documents Requiring Scanning Originals of documents requiring scanning to be filed electronically must be retained by the filing party and made available, upon request, to the Court and other parties for a period of one year following the expiration of all time periods for direct appeals. 18. Signature Block The party identification name and password will constitute the party’s signature for Fed. R. Civ. P. 11 purposes. All documents filed electronically must include a signature block in compliance with the appropriate Local Civil or Criminal Rule (LR 10.1 or LCrR 49.1) and include the typewritten name, address, telephone number, facsimile number, e-mail address and the attorney's Ohio Bar Registration Number, if applicable. In addition, the name of the password registrant under whose password the document is submitted should be preceded by a “s/” and typed in the space where the signature would otherwise appear. s/ [Name of Password Registrant] Name of Password Registrant Address City, State, Zip Code Phone: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx E-mail: [email protected] [attorney bar number, if applicable] Documents requiring signatures of more than one party must be filed either by submitting a scanned document containing all necessary signatures or by listing all of the names of the signatories on the document by means of a “s/[name] (consent)” signature block for each. By submitting such a document, the filer certifies that each of the other signatories has expressly agreed to the form and substance of the document and that the filer has been authorized to submit the document on their behalf. Physical, facsimile or electronic signatures may be used to satisfy the requirements of this provision. 19. Sealed Documents The filing of documents under seal is governed by LR 5.2 and LCrR 49.4, which permits such filings only with prior leave of the judicial officer. Sealed documents may be filed electronically using the events Sealed Motion, Sealed Document, Sealed Motion with Ex Parte Docket Entry or Sealed Document with Ex Parte Docket Entry. The Court’s electronic filing system will not serve sealed documents, unless the Court orders that attorneys be given sealed access. If attorney sealed access has not been ordered on the case, all sealed documents must be manually served upon the parties in accordance with the applicable Federal Rules of Civil and Criminal Procedure and the Local Rules for filing and service of non-electronic documents. The Clerk will enter a notice of the filing on the docket for manually filed sealed documents. Accordingly, the party filing a sealed document should not file a Notice of Manual Filing, electronically or on paper. 20. Trial Exhibits Exhibits “lodged” with the Clerk of Court pursuant to LR 39.1 or LCrR 23.2 will not be filed electronically. Such documents will not be placed into the electronic filing system unless and until they are admitted as part of the official public record. The party submitting the “lodged” exhibits may be required to resubmit the documents in electronic format once they are admitted into the public record. 21. Filing of Discovery Materials In civil cases, the filing of discovery depositions, interrogatories, requests for production of documents, requests for admissions, and answers and responses thereto will be governed by the Case Management Plan defined in LR 16.1(b)(4), and the determination of whether such materials will be filed electronically or manually will be made by the judicial officer after consulting with the parties. In general, the Court prohibits the filing of discovery material unless it is done in support of a motion. In criminal cases, no material subject to discovery under Fed. R. Crim. P. 16 should be filed unless otherwise ordered by the Court, pursuant to LCrR 16.1. 22. Official Record The official Court record will be the electronic file maintained on the Court’s servers. The official record will also include, however, any conventional documents or exhibits filed in accordance with these provisions that have not been otherwise entered into the system because it was impractical to do so. The Clerk’s Office will retain all original indictments and plea agreements, after they are scanned and uploaded into the system, for a period of 30 days after the case closing date or after the completion of any appeal. The Clerk’s Office may retain, return or discard all other original documents filed with the Court on paper after they have been scanned into the system, at the discretion of the Clerk of Court, subject to any limitations imposed by statute, judiciary policy or orders of this Court. 23. Remote Public Access In accordance with the E-Government Act of 2002 and policies set forth by the Judicial Conference (which governs the administration of the U.S. Courts), the Court strives to provide public Internet access to case related documents to the same extent that those documents are available at the court house, with some limitations. The Court restricts remote public access to social security review and government collection cases pursuant to Judicial Conference policy as well as ERISA cases pursuant to General Order 2006-24 because of the sensitive personal data identifiers that appear in many of the documents in those cases. 24. Privacy The E-Government Act of 2002 and the Judicial Conference of the United States Courts’ Policy on Privacy and Public Access to Electronic Case Files set forth rules and provide guidance to protect privacy and security concerns relating to the electronic filing of documents and the public availability of documents filed electronically. In accordance with the Act, the following Model Notice has been provided to Courts using the CM/ECF system: The Office of the Clerk is now accepting electronically filed pleadings and making the content of these pleadings available on the Court’s Internet web site via WebPACER. Any subscriber to WebPACER will be able to read, download, store and print the full content of electronically filed documents. The Clerk’s Office will not make electronically available documents that have been sealed or otherwise restricted by Court order. Do not include sensitive information in any document filed with the Court unless such inclusion is necessary and relevant to the case. Remember that any personal information not otherwise protected will be made available over the Internet via WebPACER. If sensitive information must be included, the following personal data identifiers must be partially redacted from the pleading, whether it is filed traditionally or electronically: 1) Social Security numbers: If an individual’s Social Security number must be included in a document, only the last four digits of that number should be used; 2) Names of minor children: If the involvement of a minor child must be mentioned, only the initials of that child should be used. 3) dates of birth: If an individual’s date of birth must be included in a document, only the year should be used. 4) Financial account numbers: If financial account numbers are relevant, only the last four digits of these numbers should be used. 5) (In criminal cases only) Home addresses: If a home address must be included, only the city and state should be listed. In compliance with the E-Government Act of 2002, a party wishing to file a document containing the personal data identifiers specified above may: (a) file a redacted document in the public record and file a reference list under seal. The reference list shall contain the complete personal data identifier(s) and the redacted identifier(s) used in its (their) place in the filing. All references in the case to the redacted identifiers included in the reference list will be construed to refer to the corresponding complete personal data identifier. The reference list must be filed under seal, and may be amended as of right, or (b) file an unredacted version of the document under seal. The Court may, however, still require the party to file a redacted copy for the public file. In addition, exercise caution when filing documents that contain the following: 1) Personal identifying number, such as driver’s license number; 2) medical records, treatment and diagnosis; 3) employment history; 4) individual financial information; and 5) proprietary or trade secret information. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion, redaction and/or exclusion of certain materials may be made. If a redacted document is filed, it is the sole responsibility of counsel and the parties to be sure that all documents comply with the rules of this Court requiring redaction of personal data identifiers. The Clerk’s Office will not review documents for compliance with this rule, seal on its own motion documents containing personal data identifiers, or redact documents containing personal identifiers, whether filed electronically or on paper. The privacy provisions adopted by the Court are set forth under the General Rules of Pleading in LR 8.1 and LCrR 49.1.1. 25. Additional Information Additional information regarding electronic filing can be obtained by one of the following: Visiting the Court’s web site at (www.ohnd.uscourts.gov/electronic-filing) Calling the Clerk’s Office: Cleveland: 1-800-355-8498 Akron: 330-252-6000 Toledo: 419-213-5500 Youngstown: 330-884-7400 Writing to: Christian M. Capece, Clerk United States District Court Attention: Electronic Filing System Registration 801 W. Superior Avenue Cleveland, OH 44113-1830 Appendix A UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ) Case No. ) Plaintiff, ) JUDGE ) v. ) MAGISTRATE JUDGE ) Defendant. ) Declaration that Party was Unable to ) File in a Timely Manner Due to ) Technical Difficulties Please take notice that [Plaintiff/Defendant, Name of Party] was unable to file the [Title of Document] in a timely manner due to technical difficulties. The deadline for filing the [Title of Document] was [Filing Deadline Date]. The reason(s) that I was unable to file the [Title of Document] in a timely manner and the good faith efforts I made prior to the filing deadline to both file in a timely manner and to inform the Court and the other parties that I could not do so are set forth below. [Statement of reasons and good faith efforts to file and to inform (including dates and times)] I declare under penalty of perjury that the foregoing is true and correct. Respectfully submitted, s/ [Name of Password Registrant] Name of Password Registrant Address City, State, Zip Code Phone: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx E-mail: [email protected] [attorney bar number, if applicable] Appendix B UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ) Case No. ) Plaintiff, ) JUDGE ) v. ) MAGISTRATE JUDGE ) Defendant. ) Notice of Manual Filing ) ) Please take notice that [Plaintiff/Defendant, Name of Party] has manually filed the following document or thing: [Title of Document or Thing] This document has not been filed electronically because: the document or thing cannot be converted to an electronic format; the electronic file size of the document exceeds 35 megabytes (30-60 scanned pages); or [Plaintiff/Defendant] is excused from filing this document or thing by Court order. The document or thing has been manually served on all parties. Respectfully submitted, s/ [Name of Password Registrant] Name of Password Registrant Address City, State, Zip Code Phone: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx E-mail: [email protected] [attorney bar number, if applicable] LR - APPENDIX C U.S. DISTRICT COURT, NORTHERN DISTRICT OF OHIO JUROR QUESTIONNAIRE No. ___________ PLEASE COMPLETE BOTH SIDES OF THE FOLLOWING QUESTIONNAIRE USING INK, PLEASE PRINT YOUR ANSWERS. Please be assured that the information in this questionnaire will be used only for the purpose of jury selection. Pursuant to Local Rule LR 47.2 and LCrR 24.1, "Questionnaires will be available to counsel for the limited purpose of assisting their preparation for voir dire (questioning of potential jurors). They are not otherwise to be used, copied, or disclosed without court order. Upon selection of a jury, all questionnaires shall be returned to the Clerk. Contact prior to trial by any counsel, party, or any person acting on behalf of any counsel or party with any prospective juror is absolutely forbidden. Noncompliance with this directive or any other limitation imposed with reference to the disclosure or use of the questionnaires will lead to contempt of Court citation and other appropriate sanction." Date: Name: Spouse's/Significant Other’s Name: Names and Ages of your children: 1. Please indicate the employers for whom you have worked, your occupations, periods of employment, and whether you work from home (including military service, if any): 2. If your spouse or significant other is or has been employed, please indicate employers, occupations, and periods of employment (including military service, if any): 3. Please indicate the employers and occupations of your parents or guardians: 4. If your children or any other adult member of your household is employed, please indicate employers, occupations, and periods of employment (including military service): 5. If you are a member of a trade union, professional association, civic, charitable, or other work-related organization, please indicate: (OVER) LR - APPENDIX C PAGE 2 6. Please indicate whether you own, are buying, or rent your home (circle one). 7. Please list previous residences by city and state, indicating the approximate period of residence at each location: 8. How far did you go in school? ________________ If you attended college or graduate school, or received other post-high school training, please indicate areas of study and instruction: 9. How far did your spouse or significant other go in school? ______________________ Please indicate areas of study and instruction in any post-high school training: 10. If any of your children are currently in college or graduate school or are receiving any post-high school training or instruction, please indicate: 11. Have you, or has any member of your household ever been involved in any way in a civil lawsuit as a claimant, defendant, witness, or otherwise? _______ If so, please describe: 12. Have you, or has any member of your household ever been involved in any way in criminal litigation as a defendant, victim, witness, or otherwise? _______ If so, please describe: 13. Have you, or has any member of your household or a close friend ever been a victim of a crime? If so, please describe: 14. Do you have any physical problems with hearing, vision, or otherwise which would affect your service as a juror? If so, please describe: (OVER) LR - APPENDIX C PAGE 3 15. Are you or is anyone in your family/household currently having any health problems which would make it difficult for you to serve as a juror? If so, please describe: 16. Have you ever served as a juror before? _______ If so, please indicate when, in what courts, the types of cases, and the outcomes (if you can recall): 17. Do you have a relative, family member/household member who is an attorney? _______ If so, please give name and indicate relationship: 18. Do you have a relative, family member/household member that is a member of law enforcement? Indicate relationship and position in law enforcement. 19. Do you have any objection to sitting as a juror in a criminal case? _______ If so, please explain: 20. Is there anything with reference to your ability to serve as a fair and impartial juror of which you think the Court should be aware? _______ If so, please describe: 21. How do you get your news? Television, print media, social media or other electronic sources? LR - APPENDIX D-1 (Sample Order – Opening Investment) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO Plaintiff(s), ) CASE NO.: ) v. ) JUDGE: ) Defendant(s). ) ORDER OF DEPOSIT AND INVESTMENT On this day came to be heard ______________________________’s request to deposit funds into the registry of the Court. Said funds shall be placed in interest-bearing Government Account Series securities via the Court Registry Investment System (CRIS) administered by the Administrative Office of the United States Courts; it is therefore, ORDERED that the Clerk accept and deposit into the registry of the Court the deposit made by in this cause of action in the amount of $_____________________; it is further ORDERED that the Clerk promptly and properly invest those funds into Government Accounting Series securities through the Court Registry Investment System and direct the custodian to deduct the CRIS fee of an annualized 10 basis points on assets on deposit for all CRIS funds, excluding the case funds held in Disputed Ownership funds, for the management of investments in the CRIS. According to the Court’s Miscellaneous Fee Schedule, the CRIS fee is assessed from interest earnings to the pool before a pro rata distribution of earnings is made to court cases. United States District Judge LR - APPENDIX D-2 (Sample Order – Opening DOF Investment) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO Plaintiff(s), ) CASE NO.: ) v. ) JUDGE: ) Defendant(s). ) ORDER OF DEPOSIT AND INVESTMENT 28 U.S.C. § 1335 INTERPLEADER FUNDS On this day came to be heard ______________________________’s request to deposit interpleader funds meeting the IRS definition of a “disputed ownership fund” (DOF) as defined under 28 U.S.C § 1335 into the registry of the Court. Said funds shall be held in interest-bearing Government Account Series securities via the Court Registry Investment System (CRIS) administered by the Administrative Office of the United States Courts; it is therefore, ORDERED that the Clerk accept and deposit into the registry of the Court the deposit made by in this cause of action in the amount of $_____________________; it is further ORDERED that the Clerk promptly and properly invest those funds into the CRIS Disputed Ownership Fund. Income generated from the fund investments will be reduced by an annualized 20 basis points on assets on deposit for funds held in the DOF, for the management of investments in the CRIS. According to the Court’s Miscellaneous Fee Schedule, the CRIS fee is assessed from interest earnings to the pool before a pro rata distribution of earnings is made to court cases. United States District Judge LR - APPENDIX E-1 (Sample Order of Disbursing of Funds) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO Plaintiff(s), ) CASE NO.: ) v. ) JUDGE: ) Defendant(s). ) ORDER OF DISBURSEMENT On __________________, _____________________________ deposited $___________ with the Court pending the outcome of this action. This Court subsequently ordered the Clerk of Court to deposit said funds in interest-bearing Government Account Series securities via the Court Registry Investment System (CRIS) administered by the Administrative Office of the United States Courts. Pursuant to this Court’s Order dated _______________________, the Clerk is hereby authorized and directed to withdraw the $________________ principal plus all interest accrued less the CRIS fee of an annualized 10 basis points on assets on deposit for all CRIS funds for the management of investments in the CRIS. The CRIS fee is assessed from interest earnings to the pool before a pro rata distribution of earnings is made to court cases. The Clerk will disburse remaining funds to: [Insert name and amount] The address and tax identification number of the recipient(s) have been provided to the Court. United States District Judge LR - APPENDIX E-2 (Sample Order of Disbursing DOF Funds) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO Plaintiff(s), ) CASE NO.: ) v. ) JUDGE: ) Defendant(s). ) ORDER OF DISBURSEMENT 28 U.S.C. § 1335 INTERPLEADER FUNDS On __________________, _____________________________ deposited $___________ interpleader funds meeting the IRS definition of a “disputed ownership fund” as defined under 28 U.S.C. § 1335 into the registry of the Court pending the outcome of this action. This Court subsequently ordered the Clerk of Court to deposit said funds in interest-bearing Government Account Series securities via the Court Registry Investment System (CRIS) Disputed Ownership Fund (DOF) administered by the Administrative Office of the United States Courts. Pursuant to this Court’s Order dated _______________________, the Clerk is hereby authorized and directed to withdraw the $________________ principal plus all interest accrued less a fee of an annualized 20 basis points on assets on deposit for funds held in the DOF for the management of investments in the CRIS. According to the Court’s Miscellaneous Fee Schedule, the CRIS fee is assessed from interest earnings to the pool before a pro rata distribution of earnings is made to court cases. The Clerk will disburse remaining funds to: [Insert name and amount] The address and tax identification number of the recipient(s) have been provided to the Court. United States District Judge UNITED STATES DISTRICT COURT Northern District of Ohio Plaintiff CONSENT TO EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE v. AND ORDER OF REFERENCE Case Number: Defendant CONSENT TO EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, the parties in this case hereby voluntarily consent to have a United States magistrate judge conduct any and all further proceedings in the case, including the trial, and order the entry of a final judgment. Signatures Party Represented Date ORDER OF REFERENCE IT IS HEREBY ORDERED that this case be referred to United States Magistrate Judge, for all further proceedings and the entry of judgment in accordance with 28 U.S. C. 636(c), Fed.R.Civ.P. 73 and the foregoing consent of the parties. Date United States District Judge NOTE: RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED ON THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE. UNITED STATES DISTRICT COURT Northern District of Ohio NOTICE & ORDER Pursuant to 28 U.S.C. §636(c)(1) and LR 73.1, a Magistrate Judge of the Northern District of Ohio may, upon consent of all parties to an action, and entry of an order of reference by the Judge, exercise trial jurisdiction in civil actions, both jury and non-jury, and enter final judgment therein. If all parties to this action consent and an order of reference is entered, the case will be assigned to a Magistrate Judge pursuant to LR 73.1. If all parties do not consent, or if an order of reference is not entered, the action will remain with the Judge to whom it is assigned. The decision of counsel on this matter of consent is entirely voluntary. Your response is joint, and disclosure of individual decisions is not required. Pursuant to Local Civil Rule 73.1, Recusal, Resignation or Death of Magistrate Judge, where the parties have consented of the transfer of a civil case to a Magistrate Judge under section (a) above, if the Magistrate Judge thereafter recuses, resigns or dies, the case shall be returned to the District Court Judge. The Clerk shall immediately assign another Magistrate Judge by the random draw and notify the parties of such new assignment. Within ten (10) days after such notification by the Clerk, the parties shall indicate their consent, or lack thereof, to transferring the case to the newly-assigned Magistrate Judge under 28 U.S.C. §636(c). If the parties do not consent to the transfer, the case shall remain with the District Court Judge. At the time the last appearance of counsel is made on behalf of the named defendant, the parties are to communicate with each other on this matter. It is the responsibility of plaintiff’s counsel to initiate such consultation. The response is to be returned within ten (10) days of the last appearance. The response must contain the signatures of all counsel. Pursuant to 28 U.S.C. §636(c)(3) all appeals relating to magistrate consent cases must be heard only in the court of appeals. Please file the proposed consent electronically using the civil event "Notice". Parties representing themselves should sign and send form to the Clerk's Office. If an order of reference is entered by the Court, you will be advised by the Clerk as to which Magistrate Judge the FDVH has been assigned for further proceedings. Christian M. Capece Clerk of Court (See form on the reverse side) Revised October 2025 LR – APPENDIX G United States District Court Northern District of Ohio Non-Appeal Transcript Order To Be Completed by Ordering Party Court Reporter Judicial Officer/Judge Requested by Case Name Case Number Date(s) of Proceedings Today's Date Requested Completion Date Receipt of order is the date upon which financial arrangements are made with the court reporter. If the method of payment is authorized under CJA, submit an AUTH-24 in the OHND CJA eVoucher System. Email Phone Signature of Ordering Party (e-signatures permitted) Maximum Rate Per Page (effective October 1, 2024) First Copy to Each Add'l Transcript Type/Delivery Time Options Original Each Party Copy to Party 30-Day Transcript (Ordinary): A transcript to be delivered within thirty (30) days after receipt of order. $4.40 $1.10 $0.75 14-Day Transcript: A transcript to be delivered within fourteen (14) days $1.10 after receipt of an order. $5.10 $0.75 7-Day Transcript (Expedited): A transcript to be delivered within $1.10 seven (7) days after receipt of order. $5.85 $0.75 3-Day Transcript: A transcript to be delivered within three (3) days after receipt of order. $6.55 $1.30 $0.90 1-Day Transcript (Daily): A transcript to be delivered prior to the normal opening hour of the Clerk’s Office on the calendar day following receipt of the order, $7.30 $1.45 $1.10 regardless of whether or not that calendar day is a weekend or holiday. 2-Hour Transcript (Hourly): A transcript of proceedings to be delivered within two (2) hours from receipt of the order. $8.70 $1.45 $1.10 Realtime Unedited Transcript: A draft unedited transcript produced by a certified realtime reporter as a byproduct of realtime to be delivered electronically during proceedings or immediately following receipt of the order. One feed, $3.70 (Availability is limited to case participants only.) per page. Two-to-four feeds, $2.55 per page. Five + feeds, $1.80 per page. Local Civil Rule 80.1/Criminal Rule 57.20 of the Northern District of Ohio requires transcript requests to be addressed to the court reporter who took the proceeding and filed with the Clerk of Court. Please electronically file the form and the appropriate court reporter and court staff will receive notification of the filing. ________________________ This section is for use by OHND Federal Public Defender Only Approved: Not Approved: ______________________________ _____________ Approving Authority Signature Date LR - Appendix I UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ) ) ) Case No. v. ) ) Corporate Disclosure Statement ) in a Civil Case ) Pursuant to the Corporate Disclosure Statement provisions in Local Civil Rule 3.13(b): Any nongovernmental corporate party or any nongovernmental corporation that seeks to intervene in a case must file a corporate disclosure statement identifying the following: (a) Any parent, subsidiary, or affiliate corporation; (b) Any publicly held corporation that owns 10% or more of the party’s stock; and (c) Any publicly held corporation or its affiliate that has a substantial financial interest in the outcome of the case by reason of insurance, a franchise agreement or indemnity agreement. A corporation is an affiliate for purposes of this rule if it controls, is under the control of, or is under common control with a publicly owned corporation. A party must file the statement upon the filing of a complaint, answer, motion, response, or other pleading in this Court, whichever occurs first. The obligation to report any changes in the information originally disclosed continues throughout the pendency of the case. In compliance with those provisions, this Corporate Disclosure Statement is filed on behalf of: . 1. Is said party a parent, subsidiary or other affiliate of a publicly owned corporation? _____ Yes _____ No. If the answer is Yes, list below the identity of the parent, subsidiary or other affiliate corporation and the relationship between it and the named party: 2. Is there a publicly owned corporation, not a party to the case, that has a financial interest in the outcome? _____ Yes _____ No. If the answer is Yes, list the identity of such corporation and the nature of the financial interest: 3. Identify the citizenship of every individual or entity whose citizenship is attributed to the party or intervenor on whose behalf this Corporate Disclosure Statement is being filed: (Signature of Counsel) (Date) Last Revised: 12/1/22 LR - APPENDIX J NORTHERN DISTRICT OF OHIO PRO BONO CIVIL CASE PROTOCOL A. The Court encourages members of the Federal Bar to represent parties in civil actions who cannot afford legal counsel. To further this policy, the Court has adopted a plan for expense reimbursement as set forth below. B. A party requesting pro bono representation shall submit an Affidavit of Need to the Clerk=s Office, to verify that the party cannot afford legal counsel in the case. A form Affidavit of Need, attached hereto as Exhibit A, is available from the Clerk=s Office. C. Upon a judicial officer=s request, a case shall be referred to the Clerk’s Office Pro Bono Department for the appointment of legal counsel. The judicial officer, through the Pro Bono Department, shall forward the docket and filings to attorneys who have volunteered for the Court’s pro bono panel and, within thirty (30) days, recommend a lawyer who, subject to judicial approval, will be assigned the case. D. Applications for reimbursement of pro bono expenses shall be submitted to the Clerk for review and recommendation to the judicial officer to whom the case was assigned. Forms requesting reimbursement (attached) are available at Clerk Office locations in the District or on line. E. The Fund may not be used to reimburse for expenses associated with the evaluation, preparation and presentation of an appeal to the United States Court of Appeals or the United States Supreme Court. A lawyer=s responsibility to a client continues through the entry of judgment and the filing of a notice of appeal if the client wishes to appeal. F. The assigned judge may approve reimbursement of expenses up to a total of $1,500 in any case. Requests for reimbursement of expenses over $1,500 up to a total of $5,000 in any case must be accompanied by an explanation and must be approved by the Chief Judge. Requests for reimbursement over a total of $5,000 in any case must be approved by the Attorney Admissions Fund Committee. All requests for reimbursement must be accompanied by proof that the expenses were actually incurred. G. Reimbursement is limited to the following allowable expenses: 1. Mileage and Parking. Mileage at the current rate authorized for federal employees as well as out-of-pocket expenses for parking. 2. Photocopies and Telephone Calls. Out-of-pocket expenses incurred for photocopying or photographs used in the case and long distance calls necessary to the preparation of the case. Copy costs may not exceed 15¢ per page. 3. Depositions and Transcripts. Court reporter attendance fees for depositions of essential witnesses and transcription fees for such depositions. Transcript costs may not exceed the page rate for ordinary transcripts established in the District. 4. Investigative or Expert Services. Investigative or expert services which are necessary to the preparation of the case if approved in advance by the judicial officer to whom the case is assigned. 5. Service of Process Fees. Fees for service of papers and the appearance of lay witnesses at depositions and their mileage fees. 6. Interpreter Services. The cost of interpreter services if approved in advance by the judicial officer to whom the case is assigned. 7. Expert Fees. The cost of expert fees if approved in advance by the judicial officer to whom the case is assigned. H. Request for reimbursement from the Fund must be filed within thirty (30) days of entry of judgment. If the lawyer has withdrawn or been dismissed prior to the entry of judgment, the request must be filed within thirty (30) days of withdrawal or dismissal. I. Amounts reimbursed must be repaid to the Fund if the case is settled with the payment of money, if fees and costs are awarded under 28 U.S.C. § 1988 or any other fee shifting statute, or if the party is awarded sufficient monetary damages. J. Volunteer attorneys are eligible to receive continuing legal education (CLE) credit through the Ohio Supreme Court. Volunteer attorneys may receive one hour of CLE credit for every six hours of pro bono legal service performed, up to a maximum of six CLE credit hours per biennial compliance period. For each assigned pro bono case, attorneys must submit one Form 23 to the Clerk’s Office Pro Bono Department by December 31 of each calendar year in which services have been rendered. Form 23 is located on the Ohio Supreme Court website. Last revised: 8/28/2024 Exhibit A United States District Court Northern District of Ohio ) ) Plaintiff ) CASE NO. ) v. ) JUDGE ) ) AFFIDAVIT OF NEED Defendant ) ) 1. I request the Court to appoint counsel to represent me in this case pro bono (at no cost to me). 2. My household income does not exceed 200% of the current applicable Federal Poverty Guidelines. 3. I lack assets sufficient to afford legal representation in this case. 4. I will notify the Court and my appointed counsel if my financial condition materially changes before completion of this case. I declare under penalty of perjury that the foregoing is true and correct. Date: ______________ _________________________________________ Plaintiff/Defendant _________________________________________ Address LR - APPENDIX K UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO DEFAULT STANDARD FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION (“E-DISCOVERY”) 1. Introduction. The court expects the parties to cooperatively reach agreement on the appropriate and proportional scope of e-discovery, including the identification, preservation, collection, processing, culling, review, and production of electronically stored information (“ESI”). In the event that such agreement has not been reached by the time of the Fed. R. Civ. P. 16 scheduling conference, the following default standard shall apply until such time as the parties reach agreement or until further order of the court. 2. Discovery Conference. Parties shall be prepared to discuss the parameters of their anticipated e-discovery at the Fed. R. Civ. P. 26(f) conference, as well as at the Fed. R. Civ. P. 16 scheduling conference with the court, consistent with the requirements outlined below and shall provide notice of any problems reasonably anticipated to arise in connection with e-discovery. Such discussions should continue to occur, as needed, as the case and issues evolve. 3. E-Discovery Parameters. By the time of the Rule 26(f) conference, the parties shall be ready to discuss the following information: (a) Identification - (i) Custodians - Each party shall draft a list of the most likely custodians of relevant ESI, including a brief description of each person’s title and responsibilities. (ii) Data Sources - Each party shall identify all known custodial and non-custodial data sources believed to contain potentially relevant ESI. The parties should include whether any of the identified ESI is not reasonably accessible under Fed. R. Civ. P. 26(b)(2)(B). ESI that is not reasonably accessible may include, but is not limited to, anything stored on legacy systems or electronic media of a format no longer in use, maintained in redundant electronic storage, or for which retrieval involves substantial cost. Additionally, the parties shall mutually agree whether any specified data types will be excluded from the discovery process. (iii) Date Restriction - The parties shall work together to identify the overall relevant time frame at issue in the case that is to be used throughout the e-discovery process. (b) Preservation - Each party acknowledges that it has an obligation to take reasonable and proportional steps to preserve potentially relevant ESI in the party’s possession, custody, or control, including the original forensic integrity of the ESI, unless otherwise agreed upon by the parties. Absent a showing of good cause by the requesting party, the parties shall not be required to modify the procedures used by them in the ordinary course of business to back up and archive ESI; provided, however, the parties shall preserve non-duplicative potentially relevant ESI currently in their possession, custody, or control. (c) Processing - The parties shall disclose the manner of de-duplication employed, if any. The custodian identification for any de-duplicated ESI shall be tracked in a production custodian field. Additionally, the data shall be processed in UTC (Coordinated Universal Time) unless otherwise mutually agreed upon by the parties. The parties shall also discuss the handling and processing of any non- standard ESI (e.g. - structured data) or non-searchable ESI identified by the parties as well as the appropriateness and application of other initial data processing steps and the handling of related issues (e.g. - deNI
Official source: https://www.ohnd.uscourts.gov/sites/ohnd/files/Civil%20Rules%204-10-2026.pdf · retrieved 2026-07-23