Lawrence County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Clerk prepared entry

The Judge must approve every Clerk-prepared entry before it is entered on the Court's journal.

All entries prepared by the Clerk shall be approved by the Judge before the same shall be entered on the journal of the Court.

CRITICAL

Applies to

Probate proceeding filing

At the commencement of a probate proceeding, applicants and other parties must file complete contact information for themselves and their attorneys; mailing addresses must meet the stated address requirements.

All applicants and other parties must at the commencement of any probate proceeding file with the Court the complete contact information for the applicant, party and their respective attorney, including mailing address, daytime telephone number, fax number (if any) and email address. A. Sufficiency of Address The mailing address must be a street mailing address. Post office box numbers are not sufficient in case service is required by certified mail or personal service. The mailing address of an attorney may be the attorney’s business office address. The mailing address of all other persons must be their personal residence address.

CRITICAL

Filed documents must satisfy the stated requirements, and the Court may decline to accept a noncompliant filing.

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.

CRITICAL

Counsel must submit exhibits expected to be offered into evidence so the parties can address stipulations and avoid formalities of proof.

(e) Submit any exhibits expected to be offered into evidence for the purpose of stipulating such matters with respect thereto and avoiding formalities of proof.

CRITICAL

Applies to

Account

The guardian must provide written proof, satisfactory to the Court, of the identity and current value of all remaining assets.

The Guardian must provide the Court with written proof to Court’s satisfaction of the identity and current value of all assets remaining in the Fiduciary’s hands.

CRITICAL

Applies to

Attorney fee application

A completed fee guideline must accompany the attorney fee application.

A completed guideline must accompany the attorney fee application.

CRITICAL

Applies to

Motion or other matter

A motion or other matter requiring oral argument, or for which a party desires oral argument, must contain an argument date approved in advance by the Court's Assignment Commissioners.

All motions or other matters* which require 6raf argument or where oral argument Is desired by one of the parties, shall con- tain notice of date tor oral argument. which must be previously approved by the Court's Assignment Commissioners.

CRITICAL

Applies to

Filed document

Documents must contain original signatures to be filed.

The Court will only file documents containing original signatures.

CRITICAL

Applies to

Adoption case

Adoption cases must include the required child-abuse-registry and background checks; the Court will not set a final hearing until they are filed.

The Ohio Job and Family Services child abuse registry checks and BCI/FBI background checks must be filed in all adoption cases. If this documentation is not included with the initial petition, the Court will not set the matter for final hearing until filed.

CRITICAL

Applies to

Accounting

The next accounting must show the compensation paid to each appraiser as an expense of administration.

The Fiduciary will show the compensation paid to each appraiser on the next accounting as an expense of administration.

CRITICAL

Applies to

Certification

A follow-up certification must be provided before the order of sale.

Likewise, the Rule requires a follow-up certification before the order of sale.

CRITICAL

Applies to

Motion hearing request

A request for a motion hearing must include a proposed hearing date and be filed with the motion or within three days after the other party serves it.

If either party requests a hearing on the motion, such request along with a proposed hearing date shall be filed with the motion or within three (3) days of service by the other party.

CRITICAL

Applies to

Initial application

Guardian applicants must obtain a criminal background check, with some exceptions, and include written verification of a clean record with the initial application.

Our Court now requires criminal background checks on all persons who apply to be appointed as a guardian, with a few exceptions. You need to start early on this task because it takes some time to obtain the written verification of a clean record, which must accompany the initial application.

CRITICAL

Applies to

Account

Each account must use the Ohio Supreme Court’s prescribed forms and contain all information required by those forms.

Each account must be on the Ohio Supreme Court prescribed forms and must contain all information those forms require.

CRITICAL

Applies to

Fee agreement

A written engagement and fee agreement is required between attorney and client in all probate cases.

Our Court requires a written engagement and fee agreement between the attorney and client in all probate cases.

CRITICAL

Applies to

Domestic case filings

Complaints, third-party pleadings, post-judgment motions, and final judgment entries in domestic cases must state the parties' names, current mailing and residential addresses, and correct party designations; the clerk must refuse noncompliant filings.

AU complaints, thirti party pleadings, post-judgment motions and ff.. naJ jUdgment entries in DomestJc Cases shalt contain the names of the parties, correct current mailing and resident addresses, and the correct designation of the parties. The clerk shaft refuse for filing any matterwhrch does not comply with this rule.

CRITICAL

Applies to

Application for child support services

Original divorce or dissolution actions and motions concerning child custody must include an Application for Child Support Services with the complaint; the clerk keeps the application and a copy, forwards the original gold-paper copy to the county agency, and retains the copy in the court file.

1. All original actions. filed fn aMlfC8 or dieSOtuUon, and all motions flied ooncemlng custody of children shaU have flied With the Complaint an Application for Child Support Services. This Appticatiqn and one copy of the same shaJI be kept by th& Cterk of Courts, wtth the original gold paper oopy·fnfwarded to tfle Child Support Enforl;ement ~ for Lawrence Cou~ and the copy remaining in the court fde.

CRITICAL

Applies to

Attorney fee application

By signing the application, the attorney represents that the proposed fee is consistent with the written fee agreement and that the attorney provided and explained the application to the Fiduciary before filing.

The attorney’s signature on the application constitutes the attorney’s representation that the proposed fee is consistent with the written fee agreement between the Fiduciary and the attorney and that he or she has provided a copy and explained the application to the Fiduciary before filing with the Court.

CRITICAL

Applies to

Mailed filing

A mailed filing must include a cover letter with the sender’s complete contact information, the case name and number, and clear instructions about the requested action.

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.

CRITICAL

Applies to

Entry of appointment

A party seeking personal service by a special process server must file an appointment entry stating the server's name, age, and disqualifying affiliations.

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.

CRITICAL

Applies to

Final appealable order

A final appealable judgment or order must have an attached separate form listing the names and addresses of all parties to receive a copy.

The Judgment/Order shall be accompanied by a separate form which shall be attached to said Judgment/Order and list the name and address of all parties to receive a copy.

CRITICAL

Applies to

Account

Supporting documentation for each entry must be provided with a guardianship account; the Court cannot accept the account without it.

Remember that guardianship accounts require that you produce supporting documentation to back up each entry on the account. Provide that with the account, as the Court cannot accept the account for filing without it.

CRITICAL

Applies to

Application for authority to administer

Before filing the application, the applicant or their attorney must determine whether the Court has the decedent’s will on deposit or on file.

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.

CRITICAL

Applies to

Brief

When the Judge specifies special questions of law, counsel must file briefs in the form and at the time directed by the Court.

(c) Counsel shall file, in such form and at such time as directed by the Court, briefs covering such special questions of law as the Judge may specify.

CRITICAL

Applies to

Additional compensation application

An application for additional compensation must include an itemized statement of services covering the case from beginning to end.

The application for additional compensation must also be supported by an itemized statement of services from the beginning of the case to the end.

CRITICAL

Counsel must present statements of expenses and damages with proper proof for possible stipulation.

(f) Present statements of items of expenses and damages, with proper proof thereof, for the purpose of stipulating with respect thereto and avoiding formalities of proof.

CRITICAL

Applies to

Automobile transfer form

Automobile transfers requiring Court approval must use the appropriate Lawrence County prescribed form, and every portion of the form must be completed.

The appropriate Lawrence County prescribed form must be used for all automobile transfers that require Court approval. All portions of the form must be completed,

CRITICAL

Applies to

Written notice of involuntary withdrawal

Written notice to the Court establishes involuntary withdrawal when the client terminates the representation or specified circumstances beyond the attorney’s control make continued representation impossible or impractical.

Upon written notice to the Court, an attorney will be considered to have involuntarily withdrawn if the client terminates the attorney’s services, or if the attorney dies, becomes disabled, becomes seriously ill or if other similar circumstances beyond the attorney’s control occur that make it impossible or impractical for the attorney to continue the representation.

CRITICAL

Applies to

Referral card

Group and Shelter Home staff must prepare a referral card or sheet with the listed information when it is available or possible to obtain.

In addition to the requirements of Rule 10, Section ( 5)(a), upon the receipt of such apprehended juvenile, the Group and Shelter Home staff shall prepare a referral card or sheet on the juvenile which shall contain, if it is available or possible to obtain, the following information: (a) the child's name, address and the name and address of each parent, guardian or other custodian. (b) the circumstances and reason for delivery of the juvenile. (c) the juvenile's mental and physical health. (d) the juvenile's prior placement or home. (e) the family history of the juvenile, including all siblings, parents, grandparents, and other relatives (as a possible source of placement). (t) the school district of the juvenile, if the juvenile is of school age, and the juvenile's educational history.

CRITICAL

Applies to

Settlement application

The application must include a signed statement from a qualified professional stating the structured settlement’s present value and the calculations used to determine it.

The application must also include a signed statement from an independent certified public accountant, actuary, certified financial planner, or equivalently qualified professional specifying the present value of the structured settlement and the calculations used to arrive at that present value determination.

CRITICAL

Applies to

Notice of ward death

The guardian must provide a copy of the ward’s death certificate when notifying the Court of the ward’s death.

The guardian must provide a copy of the ward’s death certificate at the time of notification to the Court.

CRITICAL

Applies to

Waiver

If the Clerk’s Office determines an appearance is not mandatory, the juvenile may proceed without appearing only if a parent, guardian, or attorney is present and the offender and a parent or guardian execute the Court’s waiver form admitting the complaint’s facts.

Upon determination by the Clerk's Office that a mandatory appearance is not required, a Juvenile Traffic Offender may elect to proceed without a court appearance upon the following conditions: (i) A parent, guardian, or an attorney must be present with the offender. (ii) A waiver in the form supplied by the Court must be executed by the offender and the parent or guardian constituting an admission to the facts alleged in the complaint

CRITICAL

Applies to

Application to settle minor claim

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

Upon filing an application to settle a minor’s claim, the applicant must simultaneously file a true and accurate copy of the minor’s birth certificate.

CRITICAL

Applies to

Objection to magistrates decision

An objection must include a supporting memorandum that clearly and specifically states every ground for the objection.

The objection must be accompanied by a supporting memorandum, clearly and specifically stating all grounds for the objection.

CRITICAL

Applies to

Application for authority to pay trustee compensation

An application requesting hourly trustee compensation must be supported by the itemized statement described in Rule 74.1(B).

Additionally, if the application requests compensation on an hourly basis, the application must be supported by the itemized statement described in Rule 74.1(B).

CRITICAL

Applies to

Schedule of claims

Schedules of claims must be complete, accurate, organized, sufficiently detailed, listed in statutory priority order, and subtotaled by class.

Any schedule of claims (SC Forms 24.4 and 24.5) must be complete, accurate, well- organized and sufficiently detailed in a manner that will avoid any speculation regarding the claim or its proposed priority classification. Claims must be listed in the order of priority stated in R.C. §2117.25(A) (1-10), with all claims of the same class subtotaled before proceeding to the next class.

CRITICAL

Applies to

Guardian ad litem appointment

The guardian ad litem must be an Ohio-licensed attorney in good standing who is not affiliated with or related to the plaintiff or the plaintiff’s attorney.

The guardian ad litem must be an attorney licensed and in good standing to practice law in Ohio, and who is not affiliated with or related to the plaintiff or plaintiff’s attorney.

CRITICAL

Applies to

Journal entry

An approved journal entry must be endorsed and presented to the court, and a court-signed entry must be filed with the clerk; if counsel cannot agree, the proposed entries must be submitted to the court for direction.

When the entry is approved by counsel it shaft be•$0 endcwsed and presented to .the court for approval and, if signed by ffW court. be filed With 1he cferk. If counsel are unable to agree upon the entry, the PfOP0$8d Judgment entries shall be submitted to the eour.t which will direct what entry wm b& made.

CRITICAL

Applies to

Application to file will for record only

An application to file a will for record only must be accompanied by the original will.

The original will must accompany an application to file will for record only.

CRITICAL

Applies to

Probation violation report

For a probation violation, the probation officer must file a separate report with the Court detailing the violations.

If a probationer violates the terms of probation, the probation officer shall file a separate report with the Court detailing the violations.

CRITICAL

Applies to

Account

Each disbursement in an account must have supporting evidence of payment; a financial institution statement with specified payment details may be used.

All disbursements in all accounts must be supported by corresponding receipts, vouchers, cancelled checks, written acknowledgments or other appropriate evidence of payment. A bank or other financial institution statement that shows the date, amount, payee, and purpose of a payment may be used as appropriate evidence of payment.

CRITICAL

Applies to

Application for appointment of guardian of an adult

If a valid durable power of attorney or health-care power of attorney remains in effect, the applicant must file true and accurate copies with the guardianship application.

If the proposed ward has executed a valid durable power of attorney or durable power of attorney for health care that remain in effect, the applicant must file true and accurate copies of the powers of attorney with the application.

CRITICAL

Applies to

Filed document

If a document must include an individual's Social Security Number, it must use only the last four digits.

(a) Social Security Numbers. If an individual's Social Security Number must be included in a document, only the last four (4) digits of the number shall be used.

CRITICAL

Applies to

Account

A first account must begin with the inventory’s total asset value; each subsequent account must begin with the prior account’s ending balance.

Each account must begin with the total asset value shown on the inventory for first accounts and the ending balance from the immediately preceding account for all subsequent accounts.

CRITICAL

Applies to

Schedule of assets

The schedule of assets must state the decedent’s fractional ownership interest and the actual value of that interest when the decedent owned less than the entire asset.

On the schedule of assets, if the decedent owned less than the entire interest in a particular asset, the asset description must reveal the fractional interest the decedent owned and the actual value of that fractional interest.

CRITICAL

Applies to

Notice of discovered ward legal papers

If the guardian discovers the legal papers after filing the initial list, the guardian must inform the Court 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.

CRITICAL

Applies to

Corporate trustee fee schedule

A corporate trustee must file its fee schedule with the Court before seeking compensation based on it.

The corporate trustee must first file its fee schedule with the Court.

CRITICAL

Applies to

Guardian compensation application

A guardian seeking authorization to exceed the stated annual or hourly fee limits must make a proper application and obtain authorization after a hearing.

A guardian of the person may charge a fee annually in an amount not exceeding $5000.00 at a rate not in excess of $75.00 per hour, unless the Court authorizes a higher fee after proper application and a hearing.

CRITICAL

Applies to

Account

The account for the period in which a normal statutory fee is paid must include a completed statutory fee computation.

A completed statutory fee computation must accompany the account for the period in which the fee is paid.

CRITICAL

Applies to

Schedule of assets

Descriptions of real estate must include its street address, legal description, and tax parcel identification number.

The description of all real estate must include the street address, legal description and the tax parcel identification number.