Lawrence County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Fee hearing submission

Within 10 calendar days before a fee hearing, the attorney must provide the Court the fee agreement, all billing statements, and all information about how the requested fee was calculated.

Within 10 Calendar Days before the hearing, the attorney must provide the Court with a copy of the fee agreement, all billing statements and all other information relating to how the attorney computed his or her requested fee.

CRITICAL

Applies to

Continuance or extension motion

A continuance or extension motion must include a proposed entry with blank spaces for the Court to complete if it grants the motion.

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.

CRITICAL

Applies to

List of ward legal papers

Within three months after appointment, the guardian must file a list of the ward’s important legal papers and their locations, if known.

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.

CRITICAL

Applies to

Guardian compensation statement

A guardian’s hourly compensation statement must itemize all services and give the date, description, time, rate, and total charge for each entry.

All of the guardian’s services must be itemized in a statement showing the dates services were performed, a description of the services, the time expended, the hourly rate charged and the total charge for each separate entry.

CRITICAL

Applies to

Fiduciary document

Each co-fiduciary must sign a document requiring a fiduciary’s signature, or explain the missing signature and efforts to obtain it.

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.

CRITICAL

Applies to

Application to settle minor claim

For a proposed settlement paid wholly or partly through a structured settlement, complete and accurate copies of all related documentation must accompany the application for Court review before the hearing.

All proposed settlements of a minor’s claim that are to be paid in whole or in part by means of structured settlement must comply with the requirements in this Rule. A. Documentation A complete and accurate copy of all documentation relating to the proposed structured settlement must accompany the application to settle a minor’s claim for the Court’s review before the hearing.

CRITICAL

Applies to

Pleading motion memorandum

Each pleading, motion, and memorandum must state counsel's name, address, Ohio registration number, and phone number; if counsel is a firm, it must identify the trial counsel with primary responsibility.

Every pleading, motion and memorandum filed shall be typed and have typed or printed th&reon th& namey address, Ohio registration num- . ber and phone number of the counsel fling the same. When QOOnsel is a firm of attorneys. trial counsel flaving:primary responsibiJny·fodhe case shall be indicated thereon.

CRITICAL

Applies to

Fiduciary appointment application

Unless an exception applies, an applicant must file a written bond commitment or other proof of qualification for the required bond with the fiduciary-appointment application.

Unless an exception applies in Rule 75.2(B)(3) or Rule 75.2(G), the applicant must file with the application for Fiduciary appointment a written bond commitment or other proof that the applicant qualifies for the issuance of a bond in the amount required by this Rule if the Court appoints the applicant as the Fiduciary.

CRITICAL

Applies to

Fiduciary withdrawal application or motion

Before the Court rules, the withdrawing fiduciary must certify that notice was provided to all attorneys, unrepresented parties, interested persons, and any 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.

CRITICAL

Applies to

Fee affidavit

The Attorney/Guardian ad Litem must submit an affidavit of fees to the Court after the final hearing.

No later than seven (7) days after the final hearing in the matter for which the Guardian ad Litem has been appointed, the Attorney/Guardian ad Litem shall submit an affidavit of fees to the Court.

CRITICAL

Applies to

Marriage license application

A person must appear at Court to sign the marriage-license application under oath before a Deputy Clerk.

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.

CRITICAL

Applies to

Application for additional compensation

An application for additional compensation must include a narrative explaining the case-specific reasons for a higher fee and an itemized statement with specified details for every service.

The application must be supported by a summary narrative explaining the unique circumstances of the case that justify a higher fee, and an itemized statement for all services, showing the dates services were performed, a description of the services, the time expended, the hourly rate charged and the total charge for each entry.

CRITICAL

Applies to

Fee agreement

At the beginning of representation in a probate matter, the attorney and fiduciary must sign a written fee agreement stating the services’ scope, how the fee is determined, and when it is due.

An attorney representing any type of Fiduciary in a probate matter must document their relationship in a written fee agreement that both parties sign at the beginning of the representation. The fee agreement must clearly explain the scope of the attorney’s services, the method of determining the fee and when payment of the fee is due.

CRITICAL

Applies to

Expert disclosure

When expert witnesses will be used, the disclosure must include each expert's name, address, qualifications, and a brief summary of expected testimony.

DISCLOSURE OF EXPERTS: In the event that expert witnesses are to be used, ftl8 expert(s) name, address, and qualifications~ together with a brief summary of the expected testimony shall be served upon opposing parties by the dates set forth above.

CRITICAL

Applies to

Poverty affidavit

A poverty affidavit used to satisfy the deposit requirement must state that the party lacks funds or assets to pay the deposit.

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 t\epOmt.

CRITICAL

Applies to

Notice of publication

The party requesting publication must prepare the notice, and the Clerk must note compliance with the rule on the notice.

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.

CRITICAL

Applies to

Fiduciary withdrawal

Approval of a fiduciary’s withdrawal requires the fiduciary to be current on required filings and submit a complete accounting through the withdrawal’s effective date.

As a condition of approving the Fiduciary’s withdrawal, the Fiduciary must be current with all filings required by law or by these Rules. The Fiduciary must also submit a complete accounting for the period from the last accounting through the effective date of the withdrawal.

CRITICAL

Applies to

Schedule of assets

A legal description for property located in Lawrence County must be approved by the Lawrence County Auditor.

The legal description must be approved by the Lawrence County Auditor if the property is located within Lawrence County.

CRITICAL

Applies to

Application for appointment of guardian of an adult

If the proposed ward’s known Ohio-resident adult children are not otherwise entitled to statutory notice, the applicant must provide their names and addresses to the Court.

If not otherwise entitled to notice by statute, the applicant must provide the Court with the names and addresses of all of the proposed ward’s adult children who are known to reside in Ohio.

CRITICAL

Applies to

Certificate of appraiser

The appraiser must sign the Certificate of Appraiser.

Make sure the appraiser signs the Certificate of Appraiser.

CRITICAL

Applies to

Report of distribution

The distribution of wrongful death proceeds must be reported to the Court on a Report of Distribution.

The distribution of wrongful death proceeds must be reported to the Court on a Report of Distribution.

CRITICAL

Applies to

Motion package

Must include

certificate of service

The motion package must include an itemized proof of service unless the motion is ex parte or service is not required; the proof may be endorsed on the motion or filed separately, and the served copy must show the exact service date and method.

A proof of service which meets the requirements of the Juvenile Rules and which itemizes the documents contained in the motion package, unless the motion is one which may be made ex parte, or unless service of the motion package is not required by the Juvenile Rules. The proof of service may be endorsed on the motion, or may be included in the motion package as a separate document, but in either event, the copy served on other parties shall affirmatively show the exact date and method of service.

CRITICAL

Applies to

Transcript request

A party may request a transcript using the prescribed form without notifying the court before filing, but proof of service to opposing parties must be provided within 14 days of the original filing.

Any' party may request a transcript by requesting the sam.~ using the fon:n above-witt_lout notification to the court prior to filing and_ proof of ser- vice to opposing parties within 14 days of tfle original filing.

CRITICAL

Applies to

Account

Fiduciary accounts must provide complete, detailed, accurate, and itemized information reflecting all financial transactions during the accounting period.

The accounts of all Fiduciaries must provide complete, detailed, accurate and itemized information that accurately reflects all of the Fiduciary’s receipts, disbursements, distributions and other financial transactions during the accounting period without room for uncertainty or speculation.

CRITICAL

Applies to

Filing

Must include

case number

Every page of a filing containing more than one page, including attachments, must show the case number and attorney’s name at the top.

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.

CRITICAL

Applies to

Juvenile polygraph test application and consent

A juvenile polygraph test requires an application by the Prosecuting Attorney’s office or a law enforcement agency, consent from the juvenile’s parent, guardian, or custodian, and the Court’s written consent entered on its Journal.

Any consent for the administration of a polygraph test to a juvenile shall be only upon the application of the office of the Prosecuting Attorney or a law enforcement agency and with the consent of the parents, guardian or custodian of the juvenile, and upon written consent by the Court upon its Journal.

CRITICAL

Applies to

Letters

The Court will not issue letters until the fiduciary satisfies all applicable bond or bond-exemption requirements.

The Court will not issue letters to any Fiduciary until the Fiduciary satisfies all bond or bond exemption requirements in Rule 75.2.

CRITICAL

Applies to

Pleading motion memorandum

Each pleading, motion, and memorandum must state the appropriate case-type designation in the case-number space.

each pleading, motion or memorandum shall b& designated in ttie . ·space for case number with the appropriate designation as fotfows:

CRITICAL

Applies to

Post adjudicational pre dispositional investigation report

The investigation report must be submitted in writing, or its completed portion must be filed with an explanation or reason for incompleteness.

Upon the assignment of a post-adjudicational and pre- dispositional investigation by the Court, the appropriate personnel shall submit such report in writing within ten (10) working days of such assignment or file so much of said report as has been completed with an explanation or reason for the incomplete report.

CRITICAL

Applies to

Motion

Unless an oral motion is allowed, the movant must serve and file a written motion complying with the specified Juvenile Rules and a signed supporting brief containing the required facts, requested relief, authorities, argument, and citations.

Unless an oral motion is allowed, no motion shall be considered unless the movant serves and files a motion package consisting of: (1) A motion in writing which complies with the requirements of Juvenile Rules 18, 19, 20, and 22; (2) A brief in support of the motion which shall consist of (i) a concise statement of the pertinent facts; (ii) a description of the relief or order sought; (iii) a verbatim extract of applicable statutes; ordinances, rules, regulations, or other authority (if lengthy include as an attachment); (iv) the argument setting forth the legal and factual grounds upon which the motion is premised and which contain all citations to the cases, statutes and other authorities relied on. (v) the brief shall be signed and shall be subject to the obligations imposed by Canon 7, Code of Professional Responsibility.

CRITICAL

Applies to

Application to expend funds

An application for authority to expend funds must state the exact amount requested and specifically describe the intended purpose.

The minor’s parent or parents with whom the minor resides, or the person who has legal custody of the child, may apply to the Court for authority to expend funds from the account. The application must state the exact amount of funds requested and must describe specifically the purpose for which the funds will be expended.

CRITICAL

Applies to

Attorney fee application

An application for authority to pay attorney fees in a decedent’s estate must be submitted with a proposed entry.

An application for authority to pay attorney fees in a decedent’s estate must be submitted, and a proposed entry must accompany the application.

CRITICAL

Applies to

Court filing requiring fiduciary signature

When multiple Fiduciaries serve simultaneously, every filed document requiring a Fiduciary’s signature must be signed by all Co-Fiduciaries.

In cases in which more than one Fiduciary is serving simultaneously, all documents filed in Court that require the Fiduciary’s signature must be signed by all Co-Fiduciaries.

CRITICAL

Applies to

Application for authority to pay trustee compensation

Must include

proposed order

An application for authority to pay trustee’s compensation must be submitted with a proposed entry.

An application for authority to pay trustee’s compensation must be along with a proposed entry.

CRITICAL

Applies to

Account

Disbursements must be subtotaled by class, and the subtotals added to calculate total disbursements for the accounting period.

All disbursements must be subtotaled by class, with all subtotals added to determine the total disbursements during the accounting period.

CRITICAL

Applies to

Praecipe and notice of hearing

Parties must ensure that praecipes and hearing notices include the required statutory and appropriate language.

All parties wlll msure that praecipe and notice of heanngs Include the required statutory and appropriate langu~e required.

CRITICAL

Applies to

Pre estate application

Each of the identified pre-estate applications must include a Next of Kin form, consents from everyone listed on that form, and contact information.

The following Applications may be filed as a miscellaneous case prior to the filing of an estate. Both Applications require the Applicant to file a Next of Kin form, consents from all persons listed as Next of Kin, and contact information.

CRITICAL

Applies to

Fee agreement

A fee agreement within Appendix B's contingent-compensation guidelines does not need advance approval and must be filed with the settlement-approval application at the end of the case.

If a fee agreement seeks contingent compensation within the percentage guidelines in Appendix B, the Court does not need to approve the agreement in advance. Just file it with the application to approve the settlement at the end of the case.

CRITICAL

Applies to

Attorney withdrawal application or motion

An attorney withdrawing from representation in a probate proceeding must obtain prior Court approval, demonstrate reasonable cause, and submit a proposed entry with the application or motion.

An attorney may not voluntarily withdraw as legal counsel for a Fiduciary or any other party to a probate proceeding without prior Court approval. The application or motion to withdraw must demonstrate reasonable cause for the withdrawal. A proposed entry must accompany the application or motion.

CRITICAL

Applies to

Trustee itemized statement

A trustee’s itemized statement must show the service dates and descriptions, time spent, hourly rate, and charge for each entry.

All of the trustee’s services must be itemized in a statement showing the dates services were performed, a description of the services, the time expended, the hourly rate charged and the total charge for each separate entry.

CRITICAL

Applies to

Application for authority to administer

The application for authority to administer must include a true and accurate copy of the decedent’s death certificate.

The applicant must file a true and accurate copy of the decedent’s death certificate with the application for authority to administer the estate.

CRITICAL

Applies to

Referral information

Law enforcement must deliver a copy of the information to the Court when filing the complaint if possible, or forthwith after filing if it is not immediately available.

A copy of the information shall be delivered to the Court, if possible, by the law enforcement agency upon the filing of the complaint. If such is not immediately available, it shall be delivered to the Court forthwith, after the filing of the complaint to assist the Court in making an emergency shelter care or temporary custody order.

CRITICAL

Applies to

Default judgment entry

For default judgments, the preparing counsel and trial judge must sign all entries before they are entered on the Court's journal.

In cases of judgments by default, all entries shall be signed by counsel preparing the same and by the trial judge before the same shall be entered on the journal of the Court.

CRITICAL

Applies to

Written notice of involuntary withdrawal

A fiduciary’s death, disability, serious illness, or similar uncontrollable circumstance may constitute involuntary withdrawal upon written notice to the Court.

Upon written notice to the Court, a Fiduciary will be considered to have involuntarily withdrawn if the Fiduciary dies, becomes disabled, becomes seriously ill or if other similar circumstances beyond the Fiduciary’s control occur that make it impossible or impractical for the Fiduciary to fulfill his or her duties.

CRITICAL

Applies to

Application for authority to administer

All applicable portions of the application must be complete; the Court will not accept an incomplete application for filing.

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.

CRITICAL

Applies to

Schedule of assets

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.

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).

CRITICAL

Applies to

Self representation acknowledgment

An unrepresented person must file a self-representation acknowledgment in every type of probate proceeding.

The self-representation acknowledgement that unrepresented persons must file with the Court is intended to confirm their understanding of the consequences of their decision to not use the services of an attorney. It is required in every type of probate proceeding in which a person is not represented by an attorney.

CRITICAL

Applies to

Application for appraiser

When an asset’s value is not readily ascertainable, the Fiduciary must apply for appointment of an appraiser and include a proposed appointment entry.

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.

CRITICAL

Applies to

Settlement of minor claim

If net settlement proceeds exceed $25,000, subject to future adjustment under the cited statute, a guardian of the minor’s estate must be appointed before the settlement hearing.

The Court requires the appointment of a guardian of the minor’s estate if the net proceeds of the settlement exceed $25,000.00 (as that amount may in the future be adjusted under R.C. §2111.05). The guardianship must be established before the hearing on the settlement of the minor’s claim.

CRITICAL

Applies to

First partial account

The first page of the first partial account must identify it as a first partial account.

The first partial account must be designated as such on the first page of the account.