Lawrence County Court of Common Pleas, Ohio
Court-Level Rules, Filing Procedures & Policies
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Adjournments
- During the 30 Court Day grace period, a Fiduciary may request an extension by showing good cause; extensions during delinquency are otherwise unavailable except as the Court may order after the citation hearing.
- The requested length of an extension must be reasonable under the circumstances.
- The Court generally permits a maximum 60-calendar-day extension on an initial application.
- +38 more
Request must include
- An extension application normally must be filed at least three Court Days before its due date, but the Court may consider or grant a late application for good cause.
- Continuance motions and motions to extend filing time must be filed at least three Court Days before the scheduled date; a late extension application will not be considered or granted absent a clear showing of exceptional circumstances preventing timely filing.
- A citation-hearing continuance is granted only upon a showing of exceptional circumstances, and the application must be filed at least three Court Days before the hearing.

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Phone
Document Format Requirements32 rules
All applications for extension of time must be on the appropriate local form and accompanied by a corresponding proposed entry.
All forms presented to our Court for filing must comply with all specifications and requirements in Rule 52 of the Rules of Superintendence.
In all instances in which the Ohio Supreme Court has prescribed forms for use in probate proceedings, the applicable Supreme Court forms must be used and are available on the Supreme Court’s website.
Computer-generated forms must preserve the prescribed forms’ exact wording and formatting, including all blank lines, without alteration.
Formatting
- •All blank lines must be retained, whether filled in or left blank
- •No alterations are permitted
Court's wording
All computer generated forms must be prepared and filed with the exact wording and formatting, including the retention of all blank lines whether filled-in or remaining blank, as they appear in the prescribed forms. No alterations are permitted.
All forms and other documents presented to the Court for filing must be printed on only one side of the paper and only on 8.5 by 11-inch size paper with no backing. The only exception is for original wills and other attachments that were prepared and signed previously that must be filed in their original format without alteration.
- Paper size
- Letter
All documents filed in this Court must be typed manually or by computer or written legibly in ink. The only exception is for documents that are submitted as attachments or exhibits that were previously prepared and that must be submitted in their original form.
All documents presented to the Court for filing must be printed on only one side of the paper and only on 8.5 by 11 inch size paper with no backing. The only exception is for original wills and other attachments that were prepared and signed previously that must be filed in their original format without alteration. Except for headings and footers, the font size must not be smaller than 12 pt. or larger than 14 pt.
- Paper size
- Letter
In a full insolvency proceeding, you must use the Lawrence County forms. The Court will not accept any other forms or variations of the prescribed forms for filing.
In a summary insolvency proceeding, you must use the Lawrence County prescribed forms. The Court will not accept any other forms or variations of the prescribed forms for filing.
All applications and proposed entries for authority to pay attorney fees must be on the appropriate forms.
Formatting
- •Must be on the appropriate forms
No block billing or summary statements are permitted.
All exhibits must be labeled by party name and sequential number or letter in the order they are offered as evidence at the hearing or trial. Proper identification must be completed before the hearing or trial begins.
- Exhibits
Formatting
- •Complete exhibit identification before the hearing or trial begins
Every pleading, motion and memorandum filed shall be typed
- Pleading
- Motion
- Memorandum
Formatting
- •Documents must be typed
AH matters prepared for and filed in any case shall be printed unless waived by the court. The'clett: shall t&fUse for fflt\g any matter which does not comply whh this rule.
Formatting
- •Matters prepared for filing must be printed unless waived by the court
{C} Oral argd'mems and testimony, ~ any, shall be limited to a totaJ of twenty_(20) minutes per side.
An electronically produced traffic ticket must conform to the Ohio Uniform Traffic Ticket in all substantive respects, including layout and content.
Court's wording
Traffic tickets produced by computer or other electronic means may be filed in lieu of the Ohio Uniform Traffic Ticket, provided the computer generated or electronic ticket conforms in all substantive respects, including layout and content to the Ohio Uniform Traffic Ticket.
Any law enforcement officer or probation officer upon taking a juvenile into custody shall cause a complaint to be prepared on forms supplied by the Lawrence County Prosecutor's Office (the "Prosecuting Attorney") or the Court.
If using third party software for form preparation, it is the preparer’s responsibility to check the Court’s website to assure that the most recent version of Supreme Court’s or this Court’s prescribed local forms are being used.
Use of applicable Lawrence County Probate Court forms is recommended, and the Court may choose whether to accept other forms, even if they contain the same information.
Formatting
- •Use of applicable Lawrence County Probate Court forms is recommended, not mandatory
Court's wording
In all instances in which our Court has prescribed forms to implement these Rules for use in probate proceedings, the applicable Lawrence County Probate Court forms are recommended to be used. Our Court may choose, in its discretion, whether or not to accept any other forms in place of our prescribed forms, even if the other forms purport to contain the same information.
The Court may decline noncompliant forms and may require amendments or supplemental information before acting on filed forms.
Court's wording
The Court may decline to accept any forms for filing that do not comply with this Rule and with the requirements in Rule 57. The Court may also require that any forms be amended or supplemental information provided prior to acting on any forms filed in the Court.
Do not staple original documents; additional sets for file-stamping or service should be stapled.
Court's wording
Original documents submitted for filing must not be stapled, so as to not interfere with the Court’s document imaging process. Additional filing sets submitted for file-stamping or service should be stapled.
The Court will file-stamp up to two additional sets of filings provided by the filer. The Court may discard additional document sets submitted for file-stamping.
You can submit up to two additional sets (not counting the number of sets needed for service) of documents for time-stamping. Additional sets beyond two will be returned to you unstamped.
Remember to not staple the original documents you submit for filing. Staples will hamper the Court’s ability to efficiently scan and/or copy documents.
Formatting
- •Do not staple original documents submitted for filing
Only the original of a will may be deposited with the Court for safekeeping.
The agreement should be in writing, but may be as simple as a letter agreement.
Each set shaft be placed in a binder or cover.
Joint, plaintiff, defendant, and third-party exhibits must be identified using the specified marking conventions.
Court's wording
Joint exhibits shelf be markedwtth Roman Numerals; plaintffrs exhibits shall be marked wi1h Arabic numbers; defendant's exM hlbits shalt be marked With letters; third party eXhiblts identified as such.
Item& are afready in the possession Qf~ing parties (i.e.- Judge depoSltions, medical bills. etc.) may be'inclUded by refetence omy.
All objections to a proposed entry must be in writing and may be answered in writing.
There are no prescribed local forms for continuance motions and entries in litigation matters.
The provision of Ohio Traffic Rule 3(B) relative to the color, weight of paper, and the method of binding shall not be applicable to a ticket that is produced by computer or other electronic means.
Document Filing Requirements339 rules
If additional time is necessary beyond an initial extension, the application for any additional extensions must contain a clear and concise statement establishing exceptional circumstances for why additional time is needed.
An initial application for extension of time must contain a clear and concise statement establishing reasonable cause for why additional time is needed.
All applications for extension of time must be on the appropriate local form and accompanied by a corresponding proposed entry.
Personal presence at the Court is required for issuance of a marriage license because it is necessary to sign the application under oath in the presence of a Deputy Clerk.
All requests for a continuance or other extension of time must be made by motion, accompanied by a proposed entry with blank spaces for the Court to complete if it grants the motion.
All filings that contain more than one page must contain the case number and name of the attorney at the top of each page, including all attachments.
- Document
- Filing
Must include
- •Case number
All filings must be signed by the applicant, party, Fiduciary or other person submitting the filing, and/or their respective attorney, if any. Unless the law or a prescribed form requires otherwise, any attorney may sign and file a document on behalf of the attorney’s client.
All documents filed in any case in this Court must satisfy all of the following requirements. The Court may decline to accept any filing that fails to comply with these requirements.
All information that is applicable to a particular filing using a prescribed form must be complete and accurate. The Court will not modify any proposed filing to correct inaccurate information or to add missing information that is required.
All filings must be accompanied by a proposed entry in compliance with Rule 57.5(A).
Each co-fiduciary must sign a document requiring a fiduciary’s signature, or explain the missing signature and efforts to obtain it.
Court's wording
In all cases in which there are Co-Fiduciaries, all of the Co-Fiduciaries must sign each filed document that requires the signature of a Fiduciary or explain the reason for the absence of a Co-Fiduciary’s signature and the efforts made to obtain it.
An agent’s signature under a power of attorney is accepted only if the power specifically authorizes signing in court proceedings and a complete, accurate copy is attached, subject to stated exceptions.
Court's wording
Except as otherwise permitted in these Rules or required by law, the Court will not accept the signature of an agent under a power of attorney in place of the signature of the principal, unless (i) the power of attorney contains specific language authorizing the agent to sign for the principal in the court proceedings; and (ii) a complete and accurate copy of the power of attorney is attached to the filing.
The Court will only file documents containing original signatures.
The fax filing must be accompanied by a cover sheet identifying the sender’s complete contact information, the case by name and case number, a short statement explaining the time critical circumstances.
The filing must be accompanied by a cover letter identifying the sender’s complete contact information, the case by name and case number, and must provide clear instructions of the action the filer desires.
If required under the Ohio Rules of Civil Procedure, the proposed entry must contain a certificate of service showing the names and addresses of all parties and other interested persons to whom service is required.
- Document
- Proposed entry
Must include
- •Certificate of service
All applications or motions must be accompanied by a proposed entry prepared by the person applying or moving for the entry. The Court may decline to accept the application or motion for filing if it is not accompanied by a proposed entry.
The filer is required to prepare and submit proposed entries with each filing, where necessary. Most of the Court’s prescribed Local Forms and Supreme Court Forms also include prescribed entries.
The original will must accompany an application to file will for record only.
It is not as common today for people to deposit a Will with the Court for safekeeping. However, the Court requires it in guardianships of incompetent adults.
The applicant must also prepare and submit a proposed entry appointing special administrator (LC Form 60.1-C) and proposed letters of authority (LC Form 60.1 -D).
The special-administrator application must be accompanied by LC Form 1.0 identifying known heirs or beneficiaries and an acceptance of fiduciary duties on LC Form 60.1-B.
Court's wording
The applicant may initiate the proceeding by filing an application for appointment as special administrator (LC Form 60.1-A). LC Form 1.0 identifying all of the known heirs or beneficiaries of the estate and an acceptance of fiduciary duties (LC Form 60.1-B) must accompany the application.
The Court will not issue letters to any Fiduciary until the Fiduciary satisfies all bond or bond exemption requirements in Rule 75.2.
The applicant must file a true and accurate copy of the decedent’s death certificate with the application for authority to administer the estate.
All portions of the application that apply to the particular case must be complete. The Court will not accept for filing any application that is incomplete.
The application must include a good-faith estimate of estate asset values and the required financial information, with positive value estimates unless the stated exception applies.
Court's wording
The application must contain a good faith estimate of the value of the estate assets and other financial information the form requires. The Court WILL NOT ACCEPT for filing any application in which the value estimates are blank, listed at $0.00, stated as “unknown,” or otherwise fail to reflect any positive value, except as provided in next subparagraph.
Valuation estimates are not necessary in decedent’s estates that the applicant is filing for appointment as a Fiduciary solely for the purpose of pursuing wrongful death or survival claims, and the Fiduciary is not aware of any other probate assets to administer. A notice of appointment for wrongful death or survival action (LC Form 60.2-A) must accompany the application in this type of case.
Before filing an application for authority to administer, the applicant or the applicant’s attorney must determine if there is a will of the decedent on deposit or on file with this Court.
In cases in which the Fiduciary does not qualify for exemption from bond requirements, a bond commitment must accompany the application.
The applicant must establish any claimed qualification for exemption from bond under Rule 75.2(G) simultaneously with filing the application.
The applicant must sign and file with the application a fiduciary acceptance (R.C. 2109.02).
If the Fiduciary uses the County Auditor’s most recent tax value for real estate, a copy of the property record must accompany the applicable asset schedule.
Court's wording
The Fiduciary may use the most recent tax value for real estate shown on the property records of the County Auditor in the county in which the real estate is located as the fair market value of the real estate. A copy of the Auditor’s property record must accompany the schedule of assets (SC Form 6.1) or assets and liabilities to be released from administration (SC Form 5.1).
When an asset’s value is not readily ascertainable, the Fiduciary must apply for appointment of an appraiser and include a proposed appointment entry.
Court's wording
If the value of an asset is not readily ascertainable, the Fiduciary must apply to the Court for appointment of a suitable, disinterested person with appropriate qualifications and experience to determine the asset’s value. A proposed entry appointing the appraiser must accompany the application.
If the Fiduciary uses a recognized resource’s average trade-in value for motor vehicles, a copy of the valuation must accompany the applicable asset schedule.
Court's wording
The Fiduciary may use the average trade-in value as shown on any recognized valuation resource for motor vehicles as the fair market value of the motor vehicles. A copy of the valuation must accompany the schedule of assets (SC Form 6.1) or assets and liabilities to be released from administration (SC Form 5.1).
An application for an appraiser of an asset other than real estate must include information establishing the appraiser’s expertise.
Court's wording
The applicant must present sufficient information with the application to establish that the proposed appraiser of any other asset has the necessary expertise, by reason of education, special training, licensing, and experience or otherwise, to render a fair, impartial and accurate valuation of the asset for which they are appointed to appraise.
Make sure the appraiser signs the Certificate of Appraiser.
The Fiduciary will show the compensation paid to each appraiser on the next accounting as an expense of administration.
Do not file the entire appraisal with an Inventory. Just show the appraised value on the Inventory and provide the appraiser’s certificate.
Filing & Service rules
Electronic Filing Rules
The Court does not accept filings by email unless it expressly authorizes email filing in an individual circumstance.
The Court does not presently accept any filings by email unless expressly authorized by the Court in individual circumstances.
Page 26 | Local Rule 57.4 D. Electronic
A new case may not be initiated by fax filing.
The Court will not accept filings to create a new case by fax.
Page 26 | Local Rule 57.4 C. By Fax
Computer-generated or electronic traffic tickets may be filed instead of the Ohio Uniform Traffic Ticket if they conform to it in all substantive respects, including layout and content.
Traffic tickets produced by computer or other electronic means may be filed in lieu of the Ohio Uniform Traffic Ticket, provided the computer generated or electronic ticket conforms in all substantive respects, including layout and content to the Ohio Uniform Traffic Ticket.
Page 13 | Rule 4: Juvenile Traffic Procedure
A law enforcement officer who files a ticket electronically is considered to have certified it and has the same rights, responsibilities, and liabilities as for other tickets under the Ohio Traffic Rules.
A law enforcement officer who files a ticket electronically shall be considered to have certified the ticket and shall have the same rights, responsibilities, and liabilities as with all other tickets issued pursuant to the Ohio Traffic Rules.
Page 13 | Rule 4: Juvenile Traffic Procedure
Subsequent filings may be made by fax only in emergency or time-critical circumstances.
Any subsequent filings may be made by fax only in emergency or time critical circumstances.
Page 26 | Local Rule 57.4 C. By Fax
Filers should make every effort to file in person or by mail; fax filings should be reserved for emergencies and not used routinely.
Every effort should be made to file documents in person or by mail. Fax filings should only be used in emergency situations, but not as a routine practice.
Page 28 | Local Rule 57.4
Filings may be submitted by mail or private delivery service.
The Court will accept filings by mail or other private delivery service.
Page 26 | Local Rule 57.4 B. By Mail
Filings may be presented in person to the Deputy Clerks during normal business hours.
Filings may be made in person to the Court’s Deputy Clerks during the Court’s normal business hours. (See Rule 53.1).
Page 26 | Local Rule 57.4 A. In Person
Filing Timing and Cure Windows
Filings must be received within the time required by law, subject to extension under Rule 56; late filings may subject the Fiduciary and counsel to compliance enforcement under Rule 77.
All filings must be received by the Court within the time required by law, subject to extension under Rule 56. Late filings will subject the Fiduciary and the Fiduciary’s attorney to compliance enforcement under Rule 77.
Page 24 | Local Rule 57.1 General
A fax filing that the Court receives and accepts as rule-compliant is filed upon receipt.
Filings the Court receives by fax and accepts for filing as complying with these Rules will be filed upon receipt.
Page 26 | Local Rule 57.4 C. By Fax
If the Court requests the original of a fax filing, the filer must provide it within 10 Court Days of the request.
In the event of this request, the filer must provide the original document within 10 Court Days of the Court’s request.
Page 26 | Local Rule 57.4 C. By Fax
A mailed or privately delivered filing is timely only if the Court actually receives it before the deadline expires.
The Court must actually receive the mail or delivery before expiration of the required deadline to be considered timely filed.
Page 26 | Local Rule 57.4 B. By Mail
In contested matters, unless the Court orders otherwise, the prevailing party must prepare and present the proposed entry to the Court and opposing parties within five Court Days after the hearing concludes.
In contested matters, the prevailing party must prepare and present the proposed entry to the Court and to the opposing parties or their attorney within five Court Days after conclusion of the hearing to which the entry applies, unless the Court orders otherwise.
Page 27 | Local Rule 57.5 — Judgment Entries, A. Preparation of Entry
The certificate must be filed within the required time, as extended under Rule 56.1, or the fiduciary and attorney may be subject to citation under Rule 77.
Failure to file the certificate within the required time, as modified by any extension under Rule 56.1, will subject the Fiduciary and the Fiduciary’s attorney to citation under Rule 77.
Page 30 | Local Rule 59.2(A) Certificate of Service
If an appraiser is appointed, the proper appraisal form must be filed before or at the same time as the Inventory.
Be sure that if an appraiser is appointed the proper appraisal form is filed before or simultaneously with the Inventory.
Page 38 | Best Practice, Local Rule 61.3
Fiduciaries other than special administrators under Rule 60.1 must file accounts within the time required by law.
All Fiduciaries, except special administrators under Rule 60.1, must file their accounts within the time required by law.
Page 42 | Local Rule 64.1 — Timeliness of Accounts
A decedent’s estate fiduciary must file a final and distributive account or certificate of termination within six months of appointment unless extended administration qualifies, and the account cannot be waived.
The Fiduciary of a decedent’s estate must file a final and distributive account or a certificate of termination within six months after the date of appointment, unless the circumstances of the estate qualify for extended administration. This account cannot be waived under any circumstances.
Page 43 | Local Rule 64.2(A) When Account Due
For qualifying circumstances under R.C. §2109.301(B)(1)(a)–(f), the fiduciary must timely file SC Form 13.10 by the end of the initial six-month period; court approval is unnecessary, and timely filing automatically extends administration.
If the estate qualifies for extended administration beyond six months under one or more of the circumstances described in R.C. §2109.301(B)(1)(a) – (f), the Fiduciary must file a Notice to Extend Administration (SC Form 13.10). The notice must be filed no later than the date the initial six- month administration period expires. No Court approval is necessary. The notice will automatically extend the administration if it is timely filed.
Page 43 | Local Rule 64.2(B)(1) Notice to Extend Administration
If relying on R.C. §2109.301(B)(1)(g), the fiduciary must file SC Form 13.8, usually at least five Court Days before the initial six-month period expires, and obtain court approval.
If the estate does not qualify for extended administration under subparagraph (1) above, but the Fiduciary contends that the estate qualifies for extended administration under R.C. §2109.301(B)(1)(g), the Fiduciary must file an Application to Extend Administration (SC Form 13.8). The application must usually be filed no later than five Court Days before the date the initial six-month administration period expires to enable the Court adequate time to consider and rule on the application. Court approval is necessary.
Page 43 | Local Rule 64.2(B)(2) Application to Extend Administration
After the first partial account, accounts are due annually by the anniversary of the thirteenth month after appointment, subject to statutory waiver unless the court orders an actual accounting; each account must show its ordinal number on the first page, and waiving an account does not waive the status report.
After the first partial account, the Fiduciary must file an account with the Court annually, on or before the anniversary date of the thirteenth month after the Fiduciary’s appointment. Each partial account must identify on the first page of the account the number of that account by ordinal number (second, third, etc.). Partial accounts after the first partial account may be waived in the manner described in R.C. §2109.301(A), unless the Court orders an actual accounting in the particular case for a particular accounting period. Waiver of a partial account does not waive the requirement of filing a status report, as required in Rule 64.2(H).
Page 44 | Local Rule 64.2(D) Additional Partial Accounts
If the fiduciary files the qualifying notice or obtains court approval of an extension application, the first account or certificate of termination is due no later than 13 months after appointment.
The Fiduciary’s first account or certificate of termination is due no later than 13 months after the date of appointment if the Fiduciary files a notice under subparagraph (1) above, or if the Court approves an application under subparagraph (2) above.
Page 44 | Local Rule 64.2(B)(3) Effect on Account
If the court denies the extension application, the final and distributive account or certificate of termination is due no later than 60 Calendar Days after the initial six-month period expires.
The Fiduciary’s final and distributive account or certificate of termination is due no later than 60 Calendar Days after expiration of the initial six-month administration period if the Court denies the application under subparagraph (2) above.
Page 44 | Local Rule 64.2(B)(3) Effect on Account
When the specified estate is settled and proceeds are allocated to survival claims, the Fiduciary must file the required distribution report and a final and distributive account within 60 calendar days after filing the settlement-approval entry.
When an estate for wrongful death or survival purposes only is settled, and all or a portion of the settlement proceeds are allocated to survival claims in the entry approving settlement, the Fiduciary must file a report of distribution as required in the entry and must file a final and distributive account within 60 Calendar Days after the date of filing the entry approving settlement.
Page 45 | F. Accounts in Wrongful Death and Survival Action Cases
The Fiduciary must be able to produce supporting documentation within five Court Days after the Court demands it.
The Fiduciary must be able to produce the supporting documentation within five Court Days after the Court’s demand.
Page 45 | G. Supporting Documentation
For an estate opened solely to pursue wrongful-death or survival claims with no other probate assets, the Fiduciary must file an LC Form 64.2-C status report each year on or before the appointment anniversary.
In decedent’s estates in which the Fiduciary was appointed for the sole purpose of pursuing wrongful death or survival claims with no other probate assets, the Fiduciary must file a status report with the Court each year on or before the anniversary date of the Fiduciary’s appointment, using LC Form 64.2-C.
Page 46 | I. Status Report
The certificate of service of account must be filed before or simultaneously with the account.
Before or simultaneously with filing the account, the Fiduciary must file with the Court a certificate of service of account (SC Form 13.9), as required under R.C. §2109.32(B)(2).
Page 46 | J. Certificate of Service of Account
A guardian must file a final account within 30 calendar days after the ward’s death or other termination of the guardianship, unless the Court requires otherwise.
Every guardian of the estate must file a final account within 30 Calendar Days after death of ward or other termination of guardianship, unless the Court requires otherwise.
Page 47 | Local Rule 64.3(B) Final Account
A guardian of the estate must file the first account by the first anniversary of appointment and file an account every year thereafter.
Every guardian of the estate must file an account on or before the first anniversary of the date of appointment. After filing the first account, the guardian must file an account every year.
Page 47 | Local Rule 64.3(A) When Accounts Due
The Court will not accept a land sale complaint for filing unless it includes the title certification.
The Court will not accept the complaint for filing without this certification.
Page 49 | Local Rule 65.1(A) Initial Certification of Title
The title examination must be obtained within 15 calendar days before the complaint is filed.
The certification must verify that the plaintiff obtained an examination of title to the real estate within 15 Calendar Days before filing the complaint to confirm that all parties with any interest in the real estate, as determined by the title examination, are named as parties to the action.
Page 49 | Local Rule 65.1(A) Initial Certification of Title
The plaintiff must file a detailed status report at least 10 court days before the status conference, covering the property, insurance, sale efforts, mortgage and tax payments, and listing agent.
At least 10 Court Days before the status conference, the plaintiff must file a status report detailing the current physical status of the property, proof that the property is properly insured, the efforts made to sell the property, the status of payment of any mortgages and taxes on the property, and the name and address of the real estate agent that has the property listed for sale.
Page 50 | Local Rule 65.2(C) Status Conference
The guardian must notify the Court in writing within 30 calendar days after the ward’s death.
If the ward dies, the guardian must notify the Court in writing within 30 calendar days after the death.
Page 52 | Guardianships — Local Rule 66.1(H) Ward’s Death
The guardian must file the list of the ward’s important legal papers within three months after appointment.
Within three months after the guardian’s appointment, a guardian shall file with this Court a list of all of the ward’s important legal papers, including but not limited to estate planning documents, advance directives, and powers of attorney, and the location of such legal papers, if known at the time of the filing.
Page 54 | Local Rule 66.3(D) Deposit of Wills
The guardian must inform the Court of subsequently discovered legal papers within 30 calendar days of discovery.
If the guardian discovers these documents after the time of the filing, the guardian must inform the Court of those legal papers within 30 calendar days of discovery.
Page 54 | Local Rule 66.3(D) Deposit of Wills
The signed verification must be filed within 30 calendar days after the Court files the deposit entry; untimely filing may result in rescission of the order and a required guardianship.
The attorney representing the minor, or the responsible party under Rule 67.1(A), is responsible for obtaining and filing with the Court a verification of receipt and deposit of the minor’s funds (SC Form 22.3) within 30 Calendar Days after the Court files its entry requiring the deposit of the minor’s funds in an impounded account at a financial institution. Failure to timely return and file the signed verification may result in the Court rescinding its prior order and requiring a guardianship of the minor’s estate.
Page 56 | Local Rule 67.1(C) — Verification of Receipt and Deposit
Service and Proof of Service Rules
If the Court must serve a filed document, the filer must provide enough additional sets for service.
If the Court is required to serve any document filed, the person filing the document must provide sufficient additional sets of the document to enable the Court to provide service.
Page 25 | Local Rule 57.3 C. Required Additional Service Sets
The fiduciary must timely provide the required probate notice and submit proof of service or waivers with the certificate; service proof must be green return receipt cards or USPS tracking confirmation of receipt.
The Fiduciary of a decedent’s estate in which the decedent’s will has been admitted to probate must timely comply with the notice provisions in R.C. §2107.19. Proof of service or waivers of notice must accompany the certificate of service of notice of probate of will. Proof of service must be in the form of green return receipt cards or USPS tracking confirmation that the notice was received.
Page 30 | Local Rule 59.2(A) Certificate of Service
Although these Rules dispense with the requirement of filing certified mail green cards in certain situations, they are required to be filed as proof of service with the Certificate of Service of Notice of Probate of Will (for persons who did not waive service). That is because the statute specifically requires it.
Although these Rules dispense with the requirement of filing certified mail green cards in certain situations, they are required to be filed as proof of service with the Certificate of Service of Notice of Probate of Will (for persons who did not waive service). That is because the statute specifically requires it.
Page 31 | Local Rule 59.2
Within seven calendar days after appointment, the special administrator must mail the written appointment notice on LC Form 60.1-E by regular mail to everyone identified on LC Form 1.0, unless an address is unknown and cannot be determined with reasonable diligence.
Within seven Calendar Days after appointment, the special administrator must mail written notice of the appointment (LC Form 60.1-E) by regular mail to all persons identified on the LC Form 1.0, unless the applicant does not know and cannot with reasonable diligence determine their address.
Page 32 | Local Rule 60.1(D), Appointment
For an intestate estate, the fiduciary must supply waivers or proof of inventory-hearing notice for everyone listed on the first page of the 1.0.
The fiduciary must supply waivers or proof of notice of the hearing on the inventory to the following: 3. Intestate Estates – All those listed on the first page of the 1.0
Page 38 | Local Rule 61.4.A Estates
For a testate estate with no will contest, the fiduciary must supply waivers or proof of inventory-hearing notice for everyone listed on the second page of the 1.0.
The fiduciary must supply waivers or proof of notice of the hearing on the inventory to the following: 1. Testate Estates (No Will Contest Filed) – All those listed on the second page of the 1.0
Page 38 | Local Rule 61.4.A Estates
For a testate estate with a will contest filed, the fiduciary must supply waivers or proof of inventory-hearing notice for everyone listed on the first and second pages of the 1.0.
The fiduciary must supply waivers or proof of notice of the hearing on the inventory to the following: 2. Testate Estates (Will Contest Filed) – All those listed on first and second page of the 1.0
Page 38 | Local Rule 61.4.A Estates
If the Court finds from the information the Fiduciary files that there are insufficient assets to pay any claims beyond those properly classified under R.C. §2117.25(A)(1) through (A)(3), the Court will enter a judgment entry of summary insolvency without hearing and without prior notice to any interested party. The Fiduciary must send a copy of the judgment entry to all heirs, beneficiaries and creditors within 30 Calendar Days after the date of the Court’s entry.
If the Court finds from the information the Fiduciary files that there are insufficient assets to pay any claims beyond those properly classified under R.C. §2117.25(A)(1) through (A)(3), the Court will enter a judgment entry of summary insolvency without hearing and without prior notice to any interested party. The Fiduciary must send a copy of the judgment entry to all heirs, beneficiaries and creditors within 30 Calendar Days after the date of the Court’s entry.
Page 39 | Local Rule 62.2(C) — Determination without Hearing
Full insolvency notice to creditors and interested parties must be sent by certified mail; return receipts or USPS tracking may be filed as proof at the hearing, and proof need not accompany the insolvency representation.
Remember that in a full insolvency, the statute does require prior notice to all creditors and interested parties. This does need to be accomplished by certified mail. You may bring the green return receipt cards or USPS tracking information to the insolvency hearing and file them as your proof of service. You do not have to show proof of service simultaneously with the representation of insolvency.
Page 40 | Best Practice — Local Rule 62.3
In a full insolvency proceeding, the Fiduciary must properly serve notice of the oral hearing and provide proof of service at the hearing.
In all insolvent estates that do not qualify for a summary insolvency under Rule 62.2, the Fiduciary must proceed with a full insolvency proceeding under R.C. §2117.15 et seq. The Court requires that the insolvency and all related matters be scheduled for hearing and that the Fiduciary make proper service of notice of the oral hearing. The Fiduciary must provide proof of service of the notice at the hearing.
Page 40 | Local Rule 62.3 — Full Insolvency Proceeding
The Fiduciary must serve hearing notice on interested persons unless they waived notice and must provide evidence of service, either through specified proof or an affidavit attached to the certificate.
The Fiduciary is required to serve notice of the hearing to interested persons unless the person has waived notice of the hearing. A Fiduciary who serves notice of the hearing must supply evidence of providing the notice to all interested parties by providing the green return receipt cards, USPS tracking reports, waivers or other proof of service. Alternatively, the Fiduciary or the Fiduciary’s attorney may attach to the certificate an affidavit evidencing service of the notice to all interested parties.
Page 46 | K. Hearing on Account
A Fiduciary in a decedent’s estate must provide each account to all heirs or beneficiaries as required by R.C. §2109.32(B).
Every Fiduciary in a decedent’s estate must provide a copy of each account to all heirs or beneficiaries in compliance with R.C. §2109.32(B).
Page 46 | J. Certificate of Service of Account
The Court will serve hearing notice on the proposed ward’s adult children identified under the rule.
The Court will serve notice of the hearing on those children.
Page 53 | Local Rule 66.3(A) Notice of Hearing
The applicant must serve notice of an application to terminate a minor’s guardianship on the specified persons and anyone else the Court orders.
All applications to terminate the guardianship of a minor before the minor reaches the age of 18 years require notice to be served on all persons entitled to notice under R.C. §2111.04(A)(1), to all persons who received actual notice of the original appointment of the guardian, and to such other persons as the Court may order. The applicant is responsible for serving the notice.
Page 53 | Local Rule 66.2(D) Notice of Termination
The applicant must serve all interested persons written hearing notice and a copy of the application at least seven calendar days before the hearing.
The applicant must serve written notice of the date, time and place of the hearing and a copy of the application on all interested persons at least seven Calendar Days before the hearing.
Page 61 | Local Rule 70.1 B. Hearing and Notice
Service is deemed complete on the final publication date shown in the publisher’s affidavit.
Service will be deemed complete as of the date of final publication indicated on the publisher’s affidavit.
Page 78 | Publication — Service Complete
When publication is required or permitted for service of summons or notice, the party responsible for service must cause the publication.
In all cases in which publication is required or permitted for service of summons or service of notice, the party obligated to make the service must cause the publication.
Page 78 | Publication
Prompt hearing notice must go to all persons with a legal or equitable interest; the hearing proponent provides it unless law or rule requires the Court to do so, and the Court may direct notice to others.
Prompt notice of all hearings must be provided to all persons having a legal or equitable interest in the subject matter. The Court may direct that notice of the hearing be given to other persons or entities. Unless the Court is required by law or rule to provide the notice, the proponent in the hearing is responsible for providing notice.
Page 86 | Local Rule 78.1, D.2. Notice of Hearing
Necessary proofs of service for adoption filings must be filed with the Court.
All documentation required by statutes, Rules of Superintendence or Local Rules for adoptions, including without limitation the home study and all necessary proofs of service, must be filed with the Court no later than 10 Court Days before the scheduled hearing date.
Page 91 | D. Completeness of Filings
The withdrawing fiduciary must provide notice of the proposed withdrawal to other attorneys, unrepresented parties, interested persons, and surety bonding agencies.
Before ruling on the application or motion, the withdrawing Fiduciary must certify to the Court that he or she has provided notice of the proposed withdrawal to all other attorneys, unrepresented parties and all other persons with an interest in the proceeding. The Fiduciary must also provide notice of the proposed withdrawal to any bonding agencies acting as surety for the Fiduciary.
Page 92 | Local Rule 78.7 A.2 Notice
A successor fiduciary must notify all attorneys, unrepresented parties, and other persons interested in the proceeding of the substitution.
The successor Fiduciary must provide notice of the substitution to all attorneys, unrepresented parties and all other persons with an interest in the proceeding.
Page 92 | Local Rule 78.7 B.2 Notice
New counsel must notify all other attorneys, unrepresented parties, and other interested persons of the substitution.
The new attorney must provide notice of the substitution to all other attorneys, unrepresented parties and all other persons with an interest in the proceeding.
Page 93 | Notice
An attorney representing a Fiduciary must also notify any bonding agency acting as the Fiduciary’s surety of the proposed withdrawal.
If the attorney represents a Fiduciary, the attorney must also provide notice of the proposed withdrawal to any bonding agencies acting as surety for the Fiduciary.
Page 93 | Notice
A standing process server must not attempt service in a case in which the server is a party or counsel for a party and must follow the applicable rules and court instructions.
A person may be designated as a 'Standing Special Process Server' for cases filerl in this Court by ffling a combined Affidavit and Omer. The affidavit shall set forlh ffte following information: (1) Thepame, address and telephone number of ~he person to be appointed as a standing process server: (2) That -the person is 18 years of age or older; (3) That the person agrees not to attempt service bf proo(;!ss in any case 1he server is a party or counsel for a party. (4) That the person agrees to folow the requirements of Civil Rules 4 fflrOUgh 4.6 and any appllcable Local Rules and specific lnslJ'uctfons for service of process as Ordered by the Court in Individual cues.
Page 4 | PROCESS SERVERS
For service by publication, the requesting party prepares the notice and the Clerk notes compliance with the rule on it.
When service of process Is to be affected by publication. a deposit to seoure costs of publication shall be required by the clerk. The notic::e to be published shall be prepareq..by th& party requesting sueh publication and the clerk shaU make notation of th& compliance with this rule thereon.
Page 4 | COSTS
Personal service by a special process server requires a filed appointment, and the server must be at least 18 and not a party or counsel for a party.
If a party desires personal service to ~·made by a special process. sa,ver, pursuant -to CMf Rule 4.1, that party or counsel ·must file with the Clerk an Entry appointing a special process server. The following must be stated in the Entry of Appointment: (1) The name of the person to be appointed as process server; (2)..J'hat the person to be appointed as process server is 18 ... years of age or older; and (3) That the person to be appointed as process server is not a party In the_aQUon nor counsel~ a parfy to the action.
Page 4 | PROCESS SERVERS
The clerk must mail a copy of a final appealable judgment or order to counsel of record and each nondefault party without counsel, and note the service in the Appearance Docket.
The Clerk shall mall a copy of this Judgment/Omer to all co,msef of record and to each party not in default Who is not represented "by counsel and make note of the S8lVic& In the Appearance Docket
Page 9 | ENTRIES
Filing Fees and Waivers
If a filing fee is due for a mailed filing, payment of the exact amount must accompany it.
Payment of the exact amount of the filing fee must also accompany the filing, if a filing fee is due.
Page 26 | Local Rule 57.4 B. By Mail
Be sure that the correct filing fee, if required, accompanies each filing. The Court may not accept documents for filing unless the filing fee is paid simultaneously with the filing.
Be sure that the correct filing fee, if required, accompanies each filing. The Court may not accept documents for filing unless the filing fee is paid simultaneously with the filing.
Page 28 | Local Rule 57.4
Marriage license application charges must be paid in cash or by money order.
All charges for marriage license application must be paid with cash or money order.
Page 29 | Local Rule 58.2(A) Marriage License Application
After notice of a dishonored payment, the payor must pay the full amount and the Court’s bank charges in cash within three Court Days or the Court may strike the filing or take other action.
If any payment is dishonored for insufficient funds or other deficiencies in the payment, the payor must pay the full amount due in cash, plus reimburse the Court for bank charges it incurs, within three Court Days after notice from the Court of nonpayment. If not paid within that time, the Court may strike the filing from the record or take other appropriate action as the Court may deem appropriate.
Page 29 | Local Rule 58.2(C) Dishonored Payment
The full amount of anticipated costs for a proceeding must be paid in advance.
The Court requires an advanced payment of the full amount of costs anticipated to be incurred in the type of proceeding being filed.
Page 29 | Local Rule 58.1(B) Advanced Payment
Costs not covered by the initial advance payment must be paid when additional documents are filed or services are performed.
Additional documents filed or services performed in the same case that are not covered by the original advanced payment will be charged and must be paid as filings are made or other services are performed.
Page 29 | Local Rule 58.1(B) Advanced Payment
The jury deposit is due when the jury demand is filed: $750 for a one-day trial and $270 for each additional scheduled day.
Jury deposits must be paid simultaneously with filing the jury demand. The deposit for a one- day jury trial shall be $750.00 and the deposit for each additional day scheduled shall be $270.00.
Page 29 | Local Rule 58.1(C) Jury Deposit
All amounts due must be paid in full before the Court will accept a filing or perform a service.
The Court will not accept any document for filing and will not perform any other service until all amounts due are paid in full.
Page 29 | Local Rule 58.1(A) Cost Schedule
Complaints, appeals, motions, and other pleadings must be accompanied by a court-cost deposit in the amount set by the court.
AU opmplaints, appeals. motions or other plea.dings shalt b& accompanied bytha appropriate deposit as ~tyfor court costs in the amount which is set by th& court. The sehedl.de of the amounts needed to be deposited shaUb& fi~ byf!teeourt ~nd.!he Clerk of this court Shall ~eep and make available said list.
Page 3 | COSTS
A qualifying indigency or poverty affidavit may excuse the deposit, but does not relieve the party of liability for court costs.
2A. said deposit shall not be required in proceedi~s when the complaint is aooQmpanied by affidavit of indig eney. lf indigent, the deposit costs are met if the party files a poverty affidavit which states thatthe party Is without fUnds or ass&1S to pay the tepOmt. The filing of a poverty affida:· vii does not refieve a party from liability torJX)Urt costs.
Page 3 | COSTS
The Clerk must require a publication-cost deposit in every proceeding, whether or not an affidavit of indigency is filed.
When service of process Is to be affected by publication. a deposit to seoure costs of publication shall be required by the clerk. ... Publlcation deposit is required in afl proceedings whether or not they are accompanied by an affidavft of indigency.
Page 4 | COSTS
A complaint will not be received when the initiating party owes costs in a prior case unless the party proves continuous inability to pay since those costs were assessed.
No complaint shall be reoewed for filing If costs are due on a prior .ease against the initiating party without proving to 1he court that the party has been continually without funds to pay said costs since they were as:- sessed.
Page 4 | COSTS
A final entry in a domestic-relations proceeding will not be accepted until costs are paid in full, and a person claiming indigency must prove that status to the court before the decree is received for filing.
No ffnaf entry in a domestic r8'ations proceeding shalf be received for filing by the Clerk of Courts until the cost of tne pn>ceedlng has been paid in fuJl.·Persons claiming Indigent status as a bar to pre,,payment of costs shaH·be required to prove ~ status to the satisfaction of~- court before the decree.wiH be iemived,for fifing,
Page 4 | COSTS
Beginning March 1, 2015, the filing fee for each domestic relations case is $275, increased from $200.
Accordingly, as of March 1, 2015, the filing fee for domestic relations cases will be increased from T·wo Hundred Dollars ($200.00) to Two Hundred Seventy~five Dollars ($275.00) per case.
Page 20 | State and Local Court Costs in Domestic Relations Cases
Fees and costs shall be assessed and collected in each proceeding within the Court’s juvenile jurisdiction pursuant to the cited statutes.
Fees and costs shall be assessed and collected in each proceeding within the juvenile jurisdiction of the Court pursuant to Sections 2151.54, 2303.20, 2743.70 and 2949.091 0. R. C.
Page 36 | RULE 16: Fees and Costs
Fees for court computerization and computerized research services shall be assessed and collected pursuant to the cited statutes.
Additionally fees for the computerization of the Court and for computerized research services shall be assessed and collected pursuant to Section 2303.021(B)(l)and (2) and Section 2303.21(A)(l) and (2) 0. R. C.
Page 36 | RULE 16: Fees and Costs
The Court charges 10 cents per page for copies of public records.
The Court charges 10¢ per page.
Page 13 | Local Rule 55.1 Public Records — C. Copies
Payment for certified, authenticated, or exemplified copies is due before the copies are made.
Payment for these copies is due in advance of making them.
Page 13 | Local Rule 55.1 Public Records — D. Authenticated Copies
Other court costs may be paid by cash, money order, certified or bank cashier’s check, or ordinary business check; personal checks and card payments are not accepted.
All other costs may be paid by means of cash, money order, certified or bank cashier’s check, or ordinary business check. The Court does not accept personal checks. The Court does not currently have the ability to accept credit cards or debit cards.
Page 29 | Local Rule 58.2(B) Other Court Costs
Copies of court files are furnished upon request upon payment of the usual fee.
Upon request ·the cleric shall furnish copies upon payment of the usuaJ fee Sherefore.
Page 3 | FILES
The appraisal fee is $75 per person for appraisals in the specified real-property matters overseen by the Sheriff's Office.
4A: Toe appraisal fee shall be $75.00 ·per person for the appnusal of mm property lnvolVlng foreclosure, and partition, and/or any other real prop- erty matters overseen by the Lawrence County Sheriff's Offi~e.
Page 4 | COSTS
The Clerk of Courts or designated agent may be paid up to $25 for travel necessary to the posting locations.
Clerk of Courts, or his designated agent, shall be paid up to $25.00 for travel necessary to said posts.
Page 4 | COSTS
The Clerk must furnish copies of papers in Court files on demand to counsel or interested parties upon payment of the usual fees.
Copies of papers belonging to the files of the Court, shall, on demand be furnished by the Clerk to counsel or interested parties upon payment of the usual fees.
Page 22 | Rule 10: Records, Assignments and Hearings
The Court may waive filing fees and court costs or require the Attorney/Guardian ad Litem to pay them, at its discretion.
Filing fees and court costs may be waived or may be due from the Attorney/Guardian ad Litem at the Court's discretion.
Page 30 | Rule 13: Guardian ad Litem, 2(d)
Fees and costs may change by statute or court order, and the current schedule is available in the Clerk’s office.
All fees and costs are subject to change from time by statute or order of the Court. A schedule of all fees, costs and deposits currently in effect, or as and when changed, is posted and available in the office of the Clerk.
Page 36 | RULE 16: Fees and Costs
Courtesy Copy Requirements
A contemporaneous copy of objections to trial materials must be delivered to the court in chambers.
ObJedions to the admtssions·of exhibits or the use <if other trial materials must be made in writing and filed within one (1) week Judge wifh a copy of contemporaneously delivered t(tthe cfoott fn cham· ber.
Page 18 | Exchange of the Trial Material
Sealing & Redaction Procedures
A filing may not disclose HIPAA-protected health information unless law requires it in a confidential proceeding or an expert evaluation statement is required by law or court order.
Unless required by law in a confidential proceeding, and except in cases in which a statement of expert evaluation is required by law or by Court order, no filing may disclose any person’s health information that is protected under federal HIPAA law.
Page 24 | Local Rule 57.2(D) Protected Health Information
Filings generally may not contain protected personal identifiers; account numbers may show only their last four digits, and court-ordered disclosure in a nonconfidential proceeding must be filed separately and kept out of the public record.
Unless otherwise required by law or by Court order, no document filed with the Court may contain any protected personal identifiers. Personal identifiers include social security numbers, account numbers, PIN’s, user names, passwords and digital access codes. Account numbers in any filing must be identified with only the last four digits of the actual account number. An example of an acceptable way to list an account number is, “xxxx-xxx-xx-1234.” If the Court orders disclosure of any personal identifiers in a proceeding that is not confidential by law, the information must be filed on a separate document, which will not become part of the public record.
Page 24 | Local Rule 57.2(C) Personal Identifiers
The decedent’s social security number must be redacted from the death certificate before it is filed.
The decedent’s social security number must be redacted from the certificate before filing.
Page 35 | Local Rule 60.2, A. Death Certificate
The decedent’s social security number must be redacted.
The decedent’s social security number must be redacted.
Page 79 | Local Rule 78.2 Decedent’s Estates — All Cases
If the Court grants a confidentiality request, it will seal the file during the case, and the file remains sealed if the name change is granted.
If the Court grants the applicant’s request, the Court will waive notice and seal the file during the pendency of the case. The file will remain sealed if the Court grants the name change.
Page 91 | Local Rule 78.6 B. Confidentiality
A party may file an unredacted version of the document under seal.
File an un-redacted version of the document under seal.
Page 26 | RULE 10.1 GENERAL RULES OF PLEADING
A party may file a redacted document publicly and a reference list under seal; the list must link complete identifiers to their redacted versions and may be amended as of right.
File a redacted document in the public record and file a reference list under seal. The reference list shall contain the complete personal identifier(s) and the redacted identifier(s) used in its (their) place in the filing. All references in the case to the redacted identifier(s) 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;
Page 26 | RULE 10.1 GENERAL RULES OF PLEADING
Pre-Motion Conference Requirements
After receiving the motion, opposing counsel must promptly advise the Court whether they oppose or consent, after which the Judge rules.
Opposing counsel, upon receipt of such motion, shall promptly advise the Court of his/her position of either opposing said motion or consenting thereto. The Judge shall then rule on said motion.
Page 5
Adjournment & Extension Requirements
An extension application normally must be filed at least three Court Days before its due date, but the Court may consider or grant a late application for good cause.
An application for extension of time must normally be filed at least three Court Days before the actual due date to allow the Court adequate time to consider and rule on the application. (See Rule 57.4(C) regarding filing by fax). The Court may consider or grant an application for extension that is filed after the due date, with good cause shown.
Page 14 | Local Rule 56.1 Extensions in Non-Litigation Matters — B. Timing
Continuance motions and motions to extend filing time must be filed at least three Court Days before the scheduled date; a late extension application will not be considered or granted absent a clear showing of exceptional circumstances preventing timely filing.
A motion for a continuance of a hearing or trial or motions for extension of time to file must be filed at least three Court Days before the scheduled date to allow the Court adequate time to consider and rule on the application. (See Rule 57.4(C) regarding filing by fax). The Court will not consider or grant an application for extension that is filed after the scheduled date or due date, absent of a clear showing of exceptional circumstances that prevented filing before the due date.
Page 23 | Continuances
Requests for a continuance or other extension must be made by motion and accompanied by a proposed entry with blank spaces for the Court.
All requests for a continuance or other extension of time must be made by motion, accompanied by a proposed entry with blank spaces for the Court to complete if it grants the motion.
Page 23 | Continuances
A continuance or extension motion must explain the reasonable cause and amount of additional time requested, and include adverse-party consent or explain efforts to obtain consent and why it was unavailable.
A motion for a continuance or other extension of time must contain a clear and concise statement establishing reasonable cause for why additional time is needed and how much additional time is requested. The motion must also contain the consent of adverse parties or their attorneys, or a statement explaining the efforts to obtain the consent and why it could not be obtained.
Page 23 | Continuances
The Court will not extend the special administrator’s authority.
The Court will not grant any extensions.
Page 33 | Termination of Authority
An estate may qualify for administration beyond six months only if one of the circumstances in R.C. §2109.301(B)(1) applies.
In order to qualify for extending the estate administration beyond the six-month period, one of the circumstances in R.C. §2109.301(B) (1) must apply.
Page 43 | Local Rule 64.2(B) Extended Administration
An extension application must prove by clear and convincing evidence that unforeseen, uncontrollable material circumstances prevented timely settlement; lack of diligence is not a valid ground, and inability to sell real estate generally requires exceptional circumstances or an active listing for at least 30 consecutive Calendar Days before filing.
In order to be approved, the application must establish by clear and convincing evidence that actual, material circumstances that were beyond the anticipation and control of the Fiduciary and the Fiduciary’s attorney exist that have precluded completing the estate settlement within the six-month initial administration period. Circumstances indicating lack of diligence in the administration on the part of the Fiduciary or the Fiduciary’s attorney are not valid grounds for extending administration. Absent a showing of exceptional circumstances, inability to sell real estate is not valid grounds for extending the administration unless the Fiduciary shows that the real estate has been actively listed for sale for at least 30 consecutive Calendar Days immediately preceding the date of filing the application.
Page 44 | Local Rule 64.2(B)(2) Application to Extend Administration
During the 30 Court Day grace period, a Fiduciary may request an extension by showing good cause; extensions during delinquency are otherwise unavailable except as the Court may order after the citation hearing.
The notice of non-compliance will identify the filing that is overdue and will order the Fiduciary to file the document immediately. The notice of non-compliance will specify a grace period of 30 Court Days from issuance of the notice, in which time the Fiduciary may file the overdue document without the notice turning into a citation, or with good cause shown, request that the Court extend the time to file the required document. The date and time of a citation hearing will be included in the event the filing is not made before the grace period expires. The citation hearing will be automatically cancelled if the filing is submitted to the Court within the grace period. The notice of non-compliance will also state that the Court will not grant any extensions of the due date during the delinquency, except as the Court may order after the citation hearing under Rule 77.3.
Page 82 | Compliance
A citation-hearing continuance is granted only upon a showing of exceptional circumstances, and the application must be filed at least three Court Days before the hearing.
The Court will only grant a continuance of the citation hearing upon a showing of exceptional circumstances. An application for a continuance of the citation hearing must be filed at least three Court Days before the scheduled citation hearing.
Page 83 | Local Rule 77.3(A) Continuance of Hearing
An extension must be requested before the due date; the Court will not grant one after that date.
If you find that you are running out of time, apply for an extension (Local Rule 56.1) before the due date. The Court will not grant extensions after the due date.
Page 84 | Best Practice — Local Rule 77.2
The citation’s 30-Court-Day grace period for filing delinquent documents will not be extended.
The Court will not extend it.
Page 84 | Best Practice — Local Rule 77.2
A hearing will not be delayed because a participant, attorney, or witness is absent unless a clear showing establishes exceptional circumstances justifying delay.
The Court will not delay starting a hearing due to the absence of a participant, attorney or witness, unless there is a clear showing of exceptional circumstances that justify the delay.
Page 86 | Local Rule 78.1, D.3. Commencement of Hearing
In litigation cases, the Court will grant each party one extension of a filing deadline of no more than seven calendar days without requiring reasonable cause; Rule 56.2 describes the process.
Rule 56.2 describes the process for obtaining an extension of a filing deadline in litigation cases. The Court will grant a motion for extension, not to exceed seven Calendar Days, once to each party during the course of a case without the need to show reasonable cause.
Page 94 | Extensions
Other motions for an extension must be supported by a showing of reasonable cause for the delay.
All other motions for extension must be supported by a showing of reasonable cause for the delay.
Page 95
A mediation may not be cancelled unless the court authorizes it.
3. Mediationsftiay not be cancelled except as authorized by the court
Page 10 | MEDIATION
Extensions of filing time are prohibited except as provided in division (B)(2), and the Clerk must refuse other extension requests.
Except as provided in division (B)(2) ofthis rule, the Supreme Court will not extend the time for filing a document as prescribed by these rules or by court order, and the Clerk of the Supreme Court shall refuse to file requests for extension of time.
Page 21 | S.Ct.Prac.R. 3.03(B)(1)
Except in expedited election cases, parties may stipulate to extensions for the specified briefs and complaint responses, but the stipulation must be timely filed and state the agreed new filing date.
Except in expedited election cases under S.Ct.Prac.R. 12.08, parties may stipulate to extensions of time to file merit briefs, including reply briefs, under S.Ct.Prac.R. 16.02 through 16.05; merit briefs, including reply briefs, under S.Ct.Prac.R. 11.05; or the response to a complaint under S.Ct.Prac.R. 12.04. A stipulated extension of time shall be effective only if it is filed with the Clerk within the time prescribed by these rules for filing the brief or other document that is the subject of the stipulation. The stipulation shall state the new date for filing agreed to by the parties.
Page 21 | S.Ct.Prac.R. 3.03(B)(2)(a)(i)
A party may obtain only one stipulated extension in a case, for no more than twenty days, and only if it has not already obtained a court-granted extension under division (B)(2)(b).
Each party may obtain in a case only one stipulated extension of time not to exceed twenty days, provided the party has not previously obtained an extension of time from the Supreme Court under division B(2)(b) of this rule.
Page 21 | S.Ct.Prac.R. 3.03(B)(2)(a)(ii)
An extension granted to one party applies to all parties on that side, and no other party on that side may obtain another; the Clerk must refuse a further request or stipulation.
When one party receives an extension of time under division (B)(2) of this rule, the extension shall apply to all other parties on that side, and no other party on that side may file to obtain another extension of time. The Clerk shall refuse to file a request or stipulation for extension of time by a party when another party on the same side has already obtained an extension of time.
Page 22 | S.Ct.Prac.R. 3.03(B)(3)
The Clerk must refuse an untimely extension request or one filed after that party has filed a stipulation for an agreed extension.
The Clerk shall refuse to file a request for extension of time that is not tendered timely in accordance with this rule or if a stipulation to an agreed extension of time has already been filed under division (B)(2)(a) of this rule by the party filing the request.
Page 22 | S.Ct.Prac.R. 3.03(B)(2)(b)(ii)
When a stipulation cannot be obtained, a party may request an extension for the specified filings; the Court may grant only one extension of up to ten days if the request states good cause and is timely filed.
In an expedited election case or any other case where a stipulation to an extension of time cannot be obtained, a party may file a request for extension of time to file a merit brief, including a reply brief, the response to a complaint. The Supreme Court will grant a party only one extension of time, not to exceed ten days, provided the request for extension of time states good cause for an extension and is filed with the Clerk within the time prescribed by the rules for filing the brief or other document that is the subject of the request.
Page 22 | S.Ct.Prac.R. 3.03(B)(2)(b)(i)
A continuance may be granted only after notice to all other counsel and involved parties.
Requests shall be granted only after notice to all other counsel and/or parties involved.
Page 7 | 7. Continuances
Continuance requests must comply with the cited Ohio Superintendence and Juvenile Rules.
Requests for continuances shall be made in accordance with Rule 7 of the Ohio Supreme Court's Rules of Superintendence (the "Superintendence Rules") as well as Rules 19 and 23 of the Ohio Rules of Juvenile Procedure (hereinafter the "Juvenile Rules").
Page 7 | 7. Continuances
Unless the court directs otherwise, counsel who obtains a continuance must notify all other counsel and parties of the new hearing date.
Unless otherwise directed, it will be the responsibility of counsel obtaining the continuance to notify all other counsel and parties of the new hearing date.
Page 7 | 7. Continuances
A continuance motion made after trial assignment will not be granted if its basis was known to the party or counsel when the case was assigned.
A motion for the continuance of a case, made after the assignment of the case for trial will not be granted, if the reason upon which such motion is based was within the knowledge of the party or the party's counsel when the case was assigned.
Page 7 | 7. Continuances
Continuance requests must be written and include a proposed new date, except in emergencies.
Except for emergency situations, requests shall be in writing with a proposed new date included.
Page 7 | 7. Continuances
Continuance applications must be made as far in advance of the hearing as practicable.
All applications for continuances shall be made as far in advance of hearing dates as practicable.
Page 7 | 7. Continuances
Chambers Communication Rules
Individuals needing disability, special-needs, or interpreter accommodations must notify the Court at least five Court Days before a proceeding.
Individuals with disabilities, special needs or language barriers requiring the need for an interpreter must notify the Court at least five Court Days before any hearing, conference or other proceeding to request reasonable accommodations.
Page 79 | Local Rule 75.4 Disabilities Accommodations
Imprisoned individuals must notify the Court at least five Court Days before a proceeding and request video-conference participation if possible.
Individuals who are imprisoned must notify the Court at least five Court Days before any hearing, conference or other proceeding and request appearance and participation by video conferencing if possible.
Page 79 | Local Rule 75.4 Disabilities Accommodations
A party seeking relief in these cases must inform the court of the filing and arrange the earliest practical hearing date.
It shall be the affirmative duty of any pa~ ~uesting relief under these types of cases to concu1Temty inform the court of the filing In ques• lion and arrange with the court ttte eaniest_pn:i.cflcal hearing date for the lltiga.Jion.
Page 10 | OTHER TRACK
Opposing counsel must promptly advise the Court of their position on the motion after receiving it.
Opposing counsel, upon receipt of such motion, shall promptly advise the Court of his/her position of either opposing said motion or consenting thereto.
Page 5
Counsel who desires a court reporter for a matter set by the Assignment Commissioner must notify the Commissioner at least three days before the hearing.
It is the duty of counsel to notify the Assignment Commissioner at least three (3) days prior to hearing upon any matter set by the Assignment Commissioner, either with or without the request of counsel, in which matter counsel desires a court reporter.
Page 11 | Notifications to the Assignment Commissioner
Counsel must immediately notify the Assignment Commissioner when a case or motion set for trial or hearing and placed on the docket settles.
It shall be the duty of counsel to immediately notify the Assignment Commissioner of the settlement of any case, including motions, which have been assigned a trial date or hearing date and placed on the docket.
Page 11 | Notifications to the Assignment Commissioner
For immediate consideration of juvenile matters before a judge or court officer, law enforcement must contact the Intake Officer or designee and carry out that officer’s instructions until superseded.
In the event any law enforcement agency shall determine immediate consideration of certain matters with respect to a juvenile should be had before a Judge or other officer of the Court, they shall contact the Intake Officer or such other member of the Court staff as said Intake Officer shall designate. The orders and/or instructions of said officer shall be carried out until other or contrary orders or instructions shall be issued by the Judge or such other court officer as may be designated by the Court.
Page 18 | Rule 6: Procedures - Juveniles
Requests for certified, authenticated, or exemplified copies must be placed at least one Court Day in advance.
Any person who desires to obtain certified, authenticated or exemplified copies of Court records must place the request for the records at least one Court Day in advance to enable the Deputy Clerks adequate time to make the copies.
Page 13 | Local Rule 55.1 Public Records — D. Authenticated Copies
Deputy Clerks need up to ten Court Days’ prior notice to retrieve a closed file.
Closed files may not be in the Court’s office, so the Court’s Deputy Clerks need up to ten (10) Court Days prior notice to retrieve a closed file.
Page 13 | Local Rule 55.1 Public Records — A. Public Access
Other persons must use the residence, work, or mobile telephone number most accessible to them during the Court’s normal hours.
All other persons must use their residence, work or mobile telephone number, whichever is most accessible to them during the Court’s normal hours.
Page 79 | Contact Information
Participants, attorneys, and witnesses should check in with a deputy clerk at least 10 minutes before the hearing.
All participants, attorneys and witnesses should be present and check in with one of the Court’s deputy clerks at least 10 minutes before the designated hearing time.
Page 86 | Local Rule 78.1, D.3. Commencement of Hearing
A summary judgment motion must be set for hearing through the judge's secretary as soon as practicable.
SUMMARY JUDGEMENT: Any Motion(s} for summary Judgment shall-be fired by the date set forth above and set for hearing ihroogh the Judge's secretary as soon as practicable.
Page 18 | Summary Judgement
Radio or television transmissions, voice recordings other than the court reporter’s, and photographs are prohibited unless authorized by the Court; requests for authorization must be made in writing at least three days before the hearing.
No radio or television transmission, voice recording device (other than a device used by the court reporter making a record in a proceeding before the Court), or taking of pictures shall be permitted, unless authorized by the Court. Any request for such authorization must be made to the Court in writing at least three (3) days prior to the hearing.
Page 4 | RULE2: Conduct in the Court
Counsel for the party requesting a Guardian ad Litem must notify the Assignment Commissioner of the appointment.
Counsel for the party requesting the Guardian ad Litem shall be required to notify the Assignment Commissioner of said appointment.
Page 29 | Rule 13: Guardian ad Litem, 1(b)
The Guardian ad Litem must notify the Court and counsel if the juvenile's wishes conflict with the Guardian ad Litem's recommendations.
The Guardian ad Litem has a duty to notify the Court and counsel if the juvenile's wishes are in opposition to the Guardian ad Litem's recommendations.
Page 30 | Rule 13: Guardian ad Litem, 1(e)
An Attorney/Guardian ad Litem whose fee arrangements differ from those in the required entry must notify the Court before accepting the appointment.
When an Attorney/Guardian ad Litem requires fee arrangements inconsistent with those set forth in the required entry, said Attorney/Guardian ad Litem shall so notify the Court prior to accepting the appointment.
Page 30 | Rule 13: Guardian ad Litem, 2(a)
If you anticipate a problem with applying a Rule, the Court recommends raising it as early as possible; waiting until the last minute may delay or worsen the situation.
If you anticipate problems, bring them to the attention of the Court as early as possible so we can work through solutions together. Waiting until the last minute to raise issues with the application of a particular Rule will likely delay your case and may make the situation worse.
Page 3 | Local Rule 5.4
Before accepting a court appointment, it is recommended that the appointee discuss the case’s scope and compensation with the Court.
It is best to discuss the scope of the case and the compensation with the Court before accepting the appointment.
Page 4 | Court Appointments
It is advisable to call the Court before visiting to determine whether a file is in storage.
It is advisable to call the Court first to determine if a file is in storage.
Page 13 | Local Rule 55.1 Public Records — A. Public Access
Anyone may request copies of public records during the Court’s normal business hours.
Any person may request copies of the Court’s public records during the Court’s normal business hours.
Page 13 | Local Rule 55.1 Public Records — C. Copies
For a probate record more than five years old, it is advisable to call the Court first to check whether the record remains there or has been closed or sent to the archives.
If you are searching for a probate record that is more than five years old, it is advisable to call the Court first to determine whether the record is still maintained at the Court, or if it has been closed or sent to Lawrence County Archives.
Page 16 | Court Records Management and Retention
If unsure whether the Court is open, call in advance to verify.
If in doubt, please call the Court in advance to verify that it is open.
Page 19 | Best Practice
A Fiduciary or attorney may request a status conference orally in person or by written application, and the Court may schedule one on its own motion by written notice.
A Fiduciary or the Fiduciary’s attorney in any estate, guardianship or trust case may request a status conference with the Court to discuss unique issues or unanticipated problems with the case. The request may be orally in person or by written application. The Court may schedule a status conference on its own motion at any time and for any reason by written notice to the Fiduciary and the Fiduciary’s attorney. A status conference is not a formal hearing for purposes of these Rules.
Page 86 | Local Rule 78.1, C. Status Conference
The Court encourages parties to use status conferences to discuss and address problems early.
A status conference is a great way to resolve problems or issues in an informal setting before they get out of hand. The Court encourages proactive steps, and is always willing to discuss and assist in solving problems. A status conference is an underused tool. It could help avoid compliance problems by addressing issues early.
Page 96 | Best Practice — Local Rule 78.1
If a fiduciary’s withdrawal appears imminent, the parties are advised to schedule a status conference with the Court first.
If it appears that withdrawal is likely imminent, it would be good to first schedule a status conference with the Court.
Page 96 | Best Practice — Local Rule 78.8
Court Offices are open for business from 8:00 a.m. to 4:00 p.m. Monday through Friday, subject to legal holidays.
The Court Offices shall be open for the transaction of Business from 8:00 a.m. to 4:00 p.m., Monday through Friday, each week with legal holidays to be observed as provided by law.
Page 3 | RULE 1: Sessions of Court
Junior Lawyer Participation Incentives
Court appointments offer newer attorneys and attorneys transitioning into probate practice an opportunity to gain experience handling probate cases.
Court appointments are a good way for newer attorneys and those transitioning into probate practice to gain valuable experience handling probate cases.
Page 4 | Court Appointments