Lawrence County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Account

All accounts must substantially conform to the account-format requirements that follow.

All accounts must conform substantially to the following requirements.

CRITICAL

Applies to

Progress report

The progress report must address the child's and/or family's treatment and rehabilitative progress and recommendations on the program, custody, living arrangements, and other pertinent matters.

The report shall concern the treatment and rehabilitative progress of said child and/or this child's family and suggestions or recommendations for alteration of the program, custody, living arrangements and other pertinent matters.

CRITICAL

Applies to

Proposed order of distribution

The proposed distribution order must be consistent with the settlement statement unless the Court orders otherwise.

The proposed order of distribution the plaintiff submits to the Court must be consistent with the settlement statement unless the Court orders otherwise.

CRITICAL

Applies to

Transcript request withdrawal

A transcript request may not be withdrawn without written notice to the court and opposing parties.

No transcript request may be withd~wn without written notice to the court and opposing parties.

CRITICAL

Applies to

Support order enforcement request

A court seeking enforcement of its support order must certify and transmit the order to the county child support enforcement agency with information that may help locate or identify the person subject to the order.

1. Any court. on its own motion or that of an interested party, desiring this court to enforce its order for support stiall certify and transmit an, order fix support for collection to the Lawrence County Child Support Enforcement Agency along with any info111mlion which may help in locating or identifying the person subject to the order.

CRITICAL

Applies to

Bond commitment

A bond commitment is required before the Court will accept a case for filing.

This Rule contains a new requirement – a bond commitment before the Court will even accept a case for filing.

CRITICAL

Applies to

Motion for service by publication

Unless another procedure is specified by law or the Ohio Rules of Civil Procedure, a request for service by publication must be filed with a proposed entry.

Unless a different procedure is specified by law or the Ohio Rules of Civil Procedure, a party requesting service by publication must file a motion and proposed entry with the Court.

CRITICAL

Applies to

Claim rejection

If a creditor filed its claim with the Court and the Fiduciary rejects it, the Fiduciary must file the rejection with the Court.

If a creditor presents a claim by filing it in our Court and the Fiduciary later rejects that claim, the Fiduciary also must file the rejection of the claim with the Court.

CRITICAL

Applies to

Confidentiality agreement

Parties seeking confidentiality must advise the mediator as soon as practical, and all mediation participants must execute any confidentiality agreement before mediation begins.

Parties desiring confidentiality of mediation communications shall advise the mediator as soon as practical and all mediation participants shall execute any confidentiality agreement prior to the start of mediation.

CRITICAL

Applies to

Application or motion to withdraw

Before the Court rules on a withdrawal request, the withdrawing attorney must certify that notice of the proposed withdrawal was provided to the client and all other attorneys, unrepresented parties, and interested persons.

Before ruling on the application or motion, the withdrawing attorney must certify to the Court that he or she has provided notice of the proposed withdrawal to the client, to all other attorneys, unrepresented parties and all other persons with an interest in the proceeding.

CRITICAL

Applies to

Guardian compensation application

A guardian may charge more than $75 per hour only if the Court approves the higher rate in advance based on beneficial special skills or training.

Guardians may not charge a rate in excess of $75.00 per hour, unless the Court approves a higher rate in advance due to the guardian’s special skills or training that are beneficial to the ward.

CRITICAL

Applies to

Reference list

A reference list must contain each complete personal identifier and the redacted identifier used in its place in the filing.

The reference list shall contain the complete personal identifier(s) and the redacted identifier(s) used in its (their) place in the filing.

CRITICAL

Applies to

Guardian compensation application

A guardian requesting compensation above the amount allowed under Rule 73.1(A), (B), or (C) must apply on an hourly basis.

If a guardian requests a fee that exceeds the amount allowed in Rule 73.1(A), (B) or (C), the application must be on an hourly basis.

CRITICAL

Applies to

Motion for service by publication

The motion must include an affidavit establishing that other service methods failed or cannot be used because the person’s residence address is unknown and cannot be ascertained with reasonable diligence.

The motion must also be supported by an affidavit stating that service by other methods has failed, or that service by other methods cannot be made because the residence address of the person to be served is unknown and cannot be ascertained with reasonable diligence.

CRITICAL

At the pre-trial hearing, counsel must submit a written statement of the questions of law expected to be involved.

(d) Submit a written statement of the questions of law expected to be involved.

CRITICAL

Applies to

Special administrator application

The applicant must prepare and submit a proposed appointment entry on LC Form 60.1-C and proposed letters of authority on LC Form 60.1-D.

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).

CRITICAL

Applies to

Title certification

The title certification must confirm a title examination within the 15 calendar days before filing and that all interested parties identified by the examination are named.

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.

CRITICAL

Counsel must file a statement confirming discovery and depositions are complete, legal questions and motions have been filed, and the case is ready for trial.

(h) File a statement that all depositions and all discovery procedures have been completed, all questions of law and motions have been filed and the case is ready for trial.

CRITICAL

Applies to

Application

A copy of the funeral bill with proof that it has been paid, or a copy of the signed funeral bill contract showing who is responsible for payment, must be filed with the application for summary release.

A copy of the funeral bill with proof that it has been paid, or a copy of the signed funeral bill contract showing who is responsible for payment, must be filed with the application for summary release.

CRITICAL

Applies to

Request for confidentiality

A name-change applicant seeking confidentiality must file a supported request and include a proposed entry.

If an applicant for a change of name desires the proceeding and the record to be confidential, the applicant must file a request for confidentiality supported by an affidavit or other sufficient proof that publication of notice of the hearing required under R.C. §2717.01(A)(2) would jeopardize the applicant’s personal safety. A proposed entry must accompany the request.

CRITICAL

Applies to

Guardian compensation statement

A guardian of the person’s fee must be supported by an itemized hourly statement listing the date, description, time, rate, and total charge for each service entry.

This fee must be supported by an itemized hourly 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

Schedule of assets

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.

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).

CRITICAL

Applies to

Final appealable order

A final appealable judgment or order must direct the clerk to mail copies to counsel of record and unrepresented nondefault parties, and must include an attached form listing recipients' names and addresses.

8. AH judgments or orders which are final appealabJe orders (F.A.O.) $hall contaln a diredfon to the clerk of this court that, "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". The Judgment/Order shall be accom- panied by a separate form which shaft be attached to said Judgment/Order and list the nam& and address of all parties to receive a copy.

CRITICAL

Applies to

Application for appointment as special administrator

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.

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.

CRITICAL

Applies to

Status report

A Fiduciary must file an LC Form 64.2-B status report simultaneously with each partial account or waiver of partial account.

All Fiduciaries must file a status report with the Court simultaneously with filing each partial account or waiver of partial account, using LC Form 64.2-B.

CRITICAL

Applies to

Trustee compensation application

A trustee requesting a fee above the amount allowed in Rule 74.1(A) must make the application on an hourly basis.

If a trustee requests a fee that exceeds the amount allowed in Rule 74.1(A), the application must be on an hourly basis.

CRITICAL

Applies to

Combined affidavit and order

A standing special process server may be designated by filing a combined affidavit and order, and the affidavit must include the specified identifying information, qualifications, and commitments.

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.

CRITICAL

Applies to

Fiduciary appointment application

Each application for fiduciary appointment must contain a good-faith estimate of the value of all assets and annual income anticipated to be involved in the case.

All applications for Fiduciary appointment must contain a good faith estimate of the value of all assets and annual income the applicant anticipates being involved in the case.

CRITICAL

Counsel must submit the names and addresses of witnesses to be used at trial.

(g) Submit the names and address of witnesses to be used at trial.

CRITICAL

Applies to

Application for authority to expend funds

Applications to expend funds, including guardian or attorney fees, require Department of Veterans’ Affairs approval or may be set for hearing with notice to the Department.

All applications for authority to expend funds, including all applications to pay guardian or attorney fees, must also be approved by the Department of Veterans’ Affairs. In the alternative, the application may be set for hearing with notice given to the Department of Veterans’ Affairs.

CRITICAL

Applies to

Transcript request

When a trial or hearing transcript is necessary, a written transcript request with proof of service on the adverse parties must be submitted to the court.

If a transcript of a trJaf or hearing is deemed necessary, a written request for said transoript, wflh proof of servfce tn the sdveme parties, shall be submitted to the court.

CRITICAL

Applies to

Application to settle minor claim

The application to settle a minor’s claim must include a written narrative describing the injury and generally addressing the prognosis for future medical issues or treatment.

A written narrative setting forth the circumstances of the minor’s injury must be filed with the application to settle the minor’s claim. The narrative must also address, in general terms, the prognosis regarding future medical issues or treatment.

CRITICAL

Applies to

Inventory

The Court will not approve expenditures from the ward’s funds until an inventory is filed, unless delay would be detrimental to the ward.

The Court will not approve any expenditures of the ward’s funds until the guardian has filed an inventory, unless the guardian shows that delaying the authorization will be detrimental to the ward.

CRITICAL

Applies to

Application to settle minor claim

The application must include a statement disclosing the total actual cost of the structured settlement annuity payable by the defendant.

A statement disclosing the total actual cost of the structured settlement annuity that the defendant must pay must also accompany the application.

CRITICAL

Applies to

First partial account

If properly extended administration continues and the fiduciary cannot file a final account or certificate by 13 months after appointment, an actual first partial account must be filed; the court will not accept a waiver.

In all cases in which the estate administration is properly extended under Rule 64.2(B), but the Fiduciary is not able to file a final distributive account or certificate of termination 13 months after the date of appointment, the Fiduciary must file an actual accounting for the first partial account. The Court will not accept waivers of a first partial account.

CRITICAL

Applies to

Attorney fee and fiduciary fee applications

An attorney serving as executor or administrator must simultaneously file separate applications for the attorney fee and the executor or administrator fee.

An attorney who is also serving as the executor or administrator of a decedent’s estate must simultaneously file separate applications for authority to pay the attorney fee under this Rule and the executor or administrator fee under Rule 72.

CRITICAL

Applies to

Complaint

If the juvenile is not taken into custody or is not in custody, the officer or another law-enforcement representative must prepare a complaint with the Prosecuting Attorney’s assistance.

In all cases wherein the juvenile is not taken into custody by the officer, or the juvenile is not in custody, a complaint shall be prepared by the officer or other representative of the law enforcement agency with the assistance of the Prosecuting Attorney.

CRITICAL

Applies to

Inventory

Do not file the entire appraisal with the Inventory; instead, state the appraised value on the Inventory and provide the appraiser’s certificate.

Do not file the entire appraisal with an Inventory. Just show the appraised value on the Inventory and provide the appraiser’s certificate.

CRITICAL

Applies to

Filing

Must include

proposed order

Where necessary, the filer must prepare and submit a proposed entry with each filing.

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.

CRITICAL

Applies to

Settlement application

A qualifying contingent fee agreement needs no prior approval, but must be submitted with the settlement-approval application.

The Fiduciary is not required to apply for or obtain prior Court approval of a contingent fee agreement between the Fiduciary and the attorney in wrongful death, survival or minor’s personal injury cases if the percentage fee charges do not exceed the contingent fee guideline shown on Appendix B at the end of these Rules. The Fiduciary must submit the fee agreement to the Court for review simultaneously with filing the application to approve the settlement.

CRITICAL

Applies to

Status report

The status report must cover the property’s physical status and insurance, sale efforts, mortgage and tax payment status, and the listing agent’s name and address.

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.

CRITICAL

Applies to

Inventory

In a full administration case where real estate was appraised, the appraiser must sign the certificate on the inventory or on equivalent language filed with the inventory on a separate page.

In full administration cases, if the real estate was appraised, the appraiser must sign the appraiser’s certificate on the inventory, or on a separate page containing the same language as on the inventory and filed with the inventory.

CRITICAL

Applies to

Application for appraiser compensation

The Fiduciary and appraiser may agree on reasonable compensation without prior Court approval; if they do not agree, the Fiduciary must file an application for compensation.

The Fiduciary may compensate an appraiser a reasonable amount that the Fiduciary and the appraiser mutually agree without prior Court approval. If they fail to agree, the Fiduciary must file an application for allowance of compensation to the appraiser.

CRITICAL

Applies to

Account

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

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

CRITICAL

Applies to

Pleadings

A party seeking attorney fees from an opponent in a contested probate matter must establish a legal or compelling equitable basis by clear and convincing evidence and cite adequate support in its pleadings.

In contested probate matters, any party seeking recovery of attorney fees from an opposing party must show by clear and convincing evidence that a specific statute, case law or applicable rule permits or requires the recovery, or that a compelling equitable justification exists for awarding recovery of attorney fees. The Court may dismiss a claim for recovery of attorney fees without a hearing if the party seeking the recovery fails to cite in its pleadings adequate legal support for the claim. Otherwise, the Court will conduct a hearing on claims for recovery of attorney fees from an opposing party.

CRITICAL

Applies to

Complaint

Each complaint for the sale of land under R.C. Chapter 2127 must include a certification of title.

A certification of title must accompany all complaints for the sale of lands under R.C. Chapter 2127.

CRITICAL

Applies to

Guardian application

Applicants for appointment as guardian must file a completed application packet with the Probate Clerk before a hearing is set.

All applicants for appointment as guardian must file a completed application packet with the Probate Clerk of Courts before a hearing will be set.

CRITICAL

At the pre-trial hearing, counsel must present a written statement of the issues involved.

(c) Present a written statement of the issues involved.

CRITICAL

Applies to

Notice of change of counsel address

Counsel must file written notice with the court when counsel's address changes.

Counsel shall ffle with fhe Court phone number written not.Ice of any change in oounsel's address.

CRITICAL

Applies to

Fiduciary bond

Fiduciaries must post a bond complying with the cited statutes, unless this Rule or a specific Court order provides otherwise.

All Fiduciaries must post a bond with the Court in compliance with R.C. §§2109.04 – 2109.20, unless otherwise provided in this Rule or by specific order of the Court in a particular case.