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Things are changing for the better in Ohio. Currently, while some courts allow or require eFiling, others still require physical delivery and even original signatures on documents in cases filed in Courts of Common Pleas. However, Ohio House Bill 305, which has been passed by the House and is in committee and expected to pass in the Senate, would require electronic filing of pleadings or documents in courts of common pleas (with the exception of probate and juvenile courts) and in municipal courts and county courts throughout the State of Ohio. Furthermore, any fees associated with electronic filing may be paid after the filing is made, unless the Clerk provides for an online payment system. The electronically filed copy of the pleading or document will be considered the official version of the document. The Clerk of Courts in each particular county may determine whether electronic filing may be achieved by email or an electronic filing platform. Once the Bill passes, counties will have 270 days to comply. The text of House Bill 205 can be read in its entirety as passed by the House at hb305_02_PH. This post was prepared by Ellen L. Fornash, Esq. While “squatting” is not considered a large problem in the State of Ohio, it has become an issue in the city of Cleveland in vacant and abandoned homes. While squatters occasionally can be removed simply by reporting the unauthorized occupancy to the county sheriff's office, often times, squatters present or claim a lease or valid tenancy, in which cases, sheriffs’ offices decline to enforce removal. In such cases, homeowners then must bear the burden, time and expense of filing a formal eviction action in the local municipal court. However, that may soon change. House Bill 478, sponsored by republican lawmakers Jeff LaRe and Jay Edwards, and the nearly identical House Bill 480, sponsored by republican lawmakers Tom Young and Steven Demetriou, seek to end squatting and the sale of fraudulent deeds, as well as to expedite and ease the process of removal of unauthorized occupants in the State of Ohio. Both Bills seek to amend section 2909.07 and to enact sections 1923.16 and 2913.53 of the Revised Code by removing the required use of the court system in eviction of unauthorized occupants. |
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