Lawrence County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Guardianship appointment hearing

The applicant must present satisfactory evidence explaining why an existing power of attorney does not meet the ward’s needs.

The applicant must present satisfactory evidence of why an existing power of attorney is ineffective in meeting the ward’s needs.

CRITICAL

Applies to

Court order

An order granting leave for additional briefs or testimonial documentary evidence must specify the service date and method and the filing date.

If the Court grants leave to file additional briefs or supplementary documentary evidence in testimonial form, the Court's order shall specify the date on which such papers are to be served and the manner of service, as well as the date on which such papers must be filed in Court.

CRITICAL

Applies to

Status report

The status report must address remaining estate assets, administration efforts during the accounting period, outstanding liabilities, and the estate’s solvency.

The status report must describe the status of all estate assets remaining in the Fiduciary’s hands, the efforts made during the accounting period to complete the estate administration, the status of payment of all outstanding estate liabilities, and whether the estate remains solvent..

CRITICAL

Applies to

Fax filing

A fax filing must include a cover sheet with the sender’s complete contact information, case name and number, and a brief explanation of the time-critical circumstances.

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.

CRITICAL

Applies to

Trustee itemized statement

For a request exceeding the allowed amount, the trustee’s itemized statement must cover all services for the period.

The itemized statement must cover all of the trustee’s services for that period, not just those exceeding the allowable amount.

CRITICAL

Applies to

Verification of receipt and deposit

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.

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.

CRITICAL

Applies to

Entry of appointment

The appointment entry must identify the process server and state that the server is at least 18 and is neither a party nor counsel in the action.

The following must be stated in the entry of appointment: (i) The name of the person to be appointed as process server; (ii) That the person to be appointed as process server is 18 years of age or older; and (iii) That the person to be appointed as process server is not a party in the action nor counsel for a party to the action.

CRITICAL

Applies to

Opposition package

Must include

certificate of service

Unless an exception applies, the opposition package must include a compliant opposition brief, any authorized opposing testimonial documentary evidence, and an itemized proof of service.

A brief in opposition to the motion which shall fully comply with the requirements of the request for relief of subsection 8(e)(2) of this Rule. (2) Opposing documentary evidence in testimonial form, if any, as authorized by subsection 8(d) of this Rule. (3) A proof of service which meets the requirements of the Juvenile Rules and which itemizes the documents contained in the opposition package, unless service of the opposition package is not required by the Juvenile Rules.

CRITICAL

Applies to

Account

Accounts must add assets acquired or discovered, income, and other financial gains to the beginning balance for the applicable accounting period.

The account must add to the beginning balance all assets acquired or discovered, all income received and other forms of financial gain since the beginning of the administration on first accounts or since the last accounting on subsequent accounts.

CRITICAL

Applies to

Criminal background check results

Applicants for guardian appointment and certain current guardians must submit criminal background-check results, subject to the stated exceptions.

All applicants for appointment as a guardian and all current guardians who are serving prior to the implementation of this rule must submit to the Court the results of a criminal background check. The applicant must pay the cost of the criminal background check if any exists. The requirements in this Rule do not apply if the applicant is the natural or adoptive parent of a minor ward, a state agency, or an attorney licensed and in good standing to practice law in Ohio.

CRITICAL

Applies to

Filing

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.

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.

CRITICAL

Applies to

Filed document

Parties must omit or partially redact the listed data identifiers in all filed documents, including exhibits, whether filed electronically or on paper, unless the Court orders otherwise.

In compliance with the policy of the Judicial Conference of the United States, and the E-Government Act of 2002, and in order to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including, or shall partially redact where inclusion is necessary, the following data identifiers from all documents filed with the Court, including exhibits thereto, whether filed electronically or on paper, unless otherwise ordered by the Court.

CRITICAL

Applies to

Account

An account must itemize and describe the assets remaining in the fiduciary’s hands and state their respective values.

An account must itemize and describe the assets and their respective values that remain in the Fiduciary’s hands, which together comprise the ending balance shown on the account.

CRITICAL

Applies to

Initial estate filing

All initial estate filings must include a true and accurate copy of the death certificate, with the decedent’s social security number redacted.

A true and accurate copy of the decedent’s death certificate must accompany all initial estate filings. The decedent’s social security number must be redacted.

CRITICAL

Applies to

Notice to extend administration

A fiduciary seeking extension under the qualifying circumstances in R.C. §2109.301(B)(1)(a)–(f) must file a Notice to Extend Administration, SC Form 13.10.

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).

CRITICAL

Applies to

Motion for service by publication

A motion requesting service by publication must include a copy of the proposed publication notice.

The motion must contain a copy of the proposed publication notice.

CRITICAL

Applies to

Initial adoption petition

When required, the putative father registry certification must accompany the initial adoption petition or the Court will not accept the petition for filing.

In all cases in which a putative father registry certification is required, that certification must be filed with the initial petition for adoption. If this supporting documentation is not included, the Court will not accept the petition for filing.

CRITICAL

Applies to

Fiduciary bond

A fiduciary must file the actual bond set by the Court before letters issue, unless the fiduciary qualifies for a bonding exception.

The Court will not issue letters to any Fiduciary until the Fiduciary has filed the actual bond in the amount set by the Court, or the Fiduciary has qualified for an exception to bonding under this Rule.

CRITICAL

Applies to

Motion or other matter requiring hearing

A motion or other matter requiring a hearing will not be accepted for filing unless the Court approves a hearing date and the notice of hearing is endorsed on it.

No ·Motton .or Other Matter which requires a hearing ~I. be ac- cepted for fifing by f.he Clerk of this Court unless a hearing date ha& been· approved by the Court and notice of hearing is endorsed 1hereon

CRITICAL

Applies to

Fiduciary appointment application

Unless the bond waiver is already addressed, the fiduciary-appointment application must be accompanied by an application to dispense with bond and a proposed entry.

Unless the bond waiver is already addressed, an application to dispense with bond, together with a proposed entry, must be filed with the application for appointment of the Fiduciary.

CRITICAL

Applies to

Partial account

Each partial account must state its ordinal number on its first page.

Each partial account must identify on the first page of the account the number of that account by ordinal number (second, third, etc.).

CRITICAL

Applies to

Pleading

A pleading citing an unreported or out-of-state case as authority must include a copy of that case.

A copy of each unreported or out-of-state case cited as authority must accompany the pleading.

CRITICAL

Applies to

Status report

Waiving a partial account does not eliminate the requirement to file a status report under Rule 64.2(H).

Waiver of a partial account does not waive the requirement of filing a status report, as required in Rule 64.2(H).

CRITICAL

Applies to

Fee approval application

The Fiduciary and attorney must demonstrate reasonable cause for a higher percentage fee or a different fee calculation method.

The Fiduciary and the attorney must show to the Court’s satisfaction that reasonable cause exists to justify a higher percentage fee or different fee computation method in the particular case.

CRITICAL

Applies to

Will

A Will must be deposited with the Court for safekeeping in guardianships of incompetent adults.

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.

CRITICAL

Applies to

Account

Third-party loans, advances, and other payments to or for the estate must be itemized as receipts and the corresponding expenditures itemized as disbursements in the accounting period they occur.

All loans, advances or other payments that a third-party (including the Fiduciary in his or her personal capacity) pays to or on behalf of the estate must be itemized as a receipt during the accounting period it is made, with itemized disbursements describing where the third-party loan, advance or other payment was expended during that accounting period.

CRITICAL

Applies to

Guardian compensation application

Compensation applications for guardians of veteran wards must comply with R.C. Chapter 5905 and applicable Department of Veterans’ Affairs rules and regulations.

All applications for compensation for guardians of wards who are veterans must comply with R.C. Chapter 5905 and all other applicable rules and regulations of the Department of Veterans’ Affairs.

CRITICAL

Applies to

Juvenile marital termination decree or subsequent support or custody entry

After CSEA approval, the specified juvenile-related decrees and entries must promptly be presented to the Court, filed with the Clerk, and deposited with two filed copies for the CSEA through the Clerk.

Upon approval by the CSEA all final decrees terminating a marital relationship in which juveniles are involved, and all subsequent entries regarding support or custody of juveniles shall be promptly presented to the Court for approval, filed with the Clerk and two (2) filed copies deposited with the CSEA or its successor by depositing them with the Clerk.

CRITICAL

Applies to

Application to expend minor funds

A parent seeking to expend funds from a minor’s impounded account must address the parents’ resources, and support cannot be paid from the minor’s funds without proof that the parents lack adequate resources.

Support obligations cannot be satisfied from the minor’s funds without proof that the parents do not have adequate resources to provide the support for necessary items. The parent must be prepared to address this issue in any application to expend funds from a minor’s impounded account.

CRITICAL

Applies to

Application to extend administration

A fiduciary seeking an extension under R.C. §2109.301(B)(1)(g) must file an Application to Extend Administration, SC Form 13.8.

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).

CRITICAL

Applies to

Application for appointment as guardian of a minor

The applicant must file a true and accurate copy of the minor’s birth certificate at the same time as the guardianship application.

Upon filing an application for appointment as guardian of a minor, the applicant must simultaneously file a true and accurate copy of the minor’s birth certificate.

CRITICAL

Applies to

Additional extension application

An application for any extension beyond the initial extension must clearly and concisely establish exceptional circumstances for needing more time.

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.

CRITICAL

Applies to

Amended contact information

Contact-information changes must be reported by filing amended contact information.

by filing an amended contact information.

CRITICAL

Applies to

Default motion in foreclosure

Before filing a default motion in a foreclosure action, the motion must contain a Court-approved Notice of Hearing endorsed with service to the opposing party.

Notwithstanding 1he ~ . an default mottons pertaining to an action in foreclosure shall, and prior to the fifing of such motion with the Cleric of Courts, contain a Notice ofHeating. which has been approved by the Court E!fld endorsed thereOn with service to the opposing party.

CRITICAL

Applies to

Attorney fee application

If the proposed fee exceeds the guideline amount, the application must include a Rule 71.1(D)-compliant hourly billing statement and a narrative explaining the circumstances justifying the higher fee.

If the proposed attorney fee exceeds the amount computed under the fee guideline, an hourly billing statement, in compliance with Rule 71.1(D), and a summary narrative explaining the unique circumstances of the case that justify a higher fee, must accompany the application.

CRITICAL

Applies to

Account

The account must show as its ending balance the beginning balance plus total receipts minus total disbursements.

The result from adding the total receipts to the beginning balance and then subtracting the total disbursements must be shown as the ending balance for the accounting period.

CRITICAL

Applies to

Application for authority to administer

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.

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.

CRITICAL

Applies to

Proposed entry

Must include

certificate of service

When required by the Ohio Rules of Civil Procedure, a proposed entry must include a certificate of service listing the names and addresses of everyone who must be served.

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.

CRITICAL

Applies to

Traffic complaint

Traffic complaints must use the Uniform Traffic Complaint and include the names and addresses of the juvenile offender’s parents, guardians, or custodians on that complaint and a separate court-provided form.

The Uniform Traffic Complaint will be used in traffic cases. Each person filing a complaint using said form will be required to provide thereon and on a separate form to be provided by the Court, the names and addresses of the parents, guardian(s) or persons having custody of the alleged juvenile traffic offender.

CRITICAL

Applies to

Inventory

A guardian of the estate must file an inventory before disposing of ward assets, unless delay would be detrimental to the ward.

No guardian of a ward’s estate may sell, exchange, transfer or otherwise dispose of any of the ward’s assets until the guardian has filed an inventory, unless the guardian shows to the Court that delaying the transaction will be detrimental to the ward.

CRITICAL

Applies to

Bank verification

A bank verification that the funds are deposited and restricted must be filed for the court’s order authorizing this method to become effective.

The key is to obtain and file with the Court a verification from the bank that the funds have been deposited and restricted so that withdrawal is not possible without further Court order. Until the verification is filed, the Court’s order authorizing the use of this method is not effective.

CRITICAL

Applies to

Account

The account must reflect cost reimbursements in the period in which they are paid.

Cost reimbursements must be reflected on the account for the period in which the reimbursement is paid.

CRITICAL

Applies to

Title examination

A title examination must be performed by a licensed title company or an attorney experienced in title examination.

The title examination must be performed by a licensed title company or by an attorney experienced in examining titles.

CRITICAL

Applies to

Filing

Filings must be signed by the submitting applicant, party, Fiduciary, other person, or their attorney; unless law or a prescribed form requires otherwise, an attorney may sign and file for a client.

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.

CRITICAL

Applies to

Settlement agreement

A settlement agreement must include a provision for assessment of costs to be received for filing.

No settlement ~ntwhich does not include a pn:,vlslonforthe assessment of costs shall be received for ffllng by the clerk..

CRITICAL

Applies to

Publisher affidavit

The publisher’s affidavit filed after publication must show the published notice and the dates of publication.

Within 10 Calendar Days after the final publication, the party requesting the publication must file with the Court a publisher’s affidavit showing the published notice and the dates of publication.

CRITICAL

Applies to

Application for authority to administer

Valuation estimates are unnecessary when the fiduciary appointment is solely to pursue wrongful-death or survival claims and the fiduciary knows of no other probate assets; the application must include the notice of appointment on LC Form 60.2-A.

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.

CRITICAL

Applies to

Attorney fee approval

The attorney must obtain consent from a beneficiary entitled to at least 50% of the estate, or from a group of beneficiaries jointly entitled to at least 50%.

Additionally, the attorney must, at minimum have the consent of either (1) any single beneficiary who is personally entitled to receive 50% or more of the estate, or (2) any collection of beneficiaries who, together, are jointly entitled receive 50% or more of the estate.

CRITICAL

Applies to

Original estate filing

The original filing must include a statement of intent identifying the type of proceeding to be initiated.

A statement of intent is must accompany the original filing to notify the Court as to the type of proceeding that is intended to be initiated.

CRITICAL

Applies to

Application for authority to pay guardian compensation

Must include

proposed order

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

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