Lawrence County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Partial account

The first partial account cannot be waived if the estate cannot be closed by the Court’s 13-month goal.

If that is not possible, the first partial account cannot be waived because the Court needs to see what is going on to that point, so it has a handle on where the case stands.

CRITICAL

Applies to

Account

If the current account does not disclose the third-party payments, the Fiduciary may not repay or reimburse them without prior court approval.

If this information is not disclosed on the current account, the Fiduciary may not repay or reimburse the third-party for the loans, advances or other payments without prior Court approval.

CRITICAL

Applies to

Fee approval application

Must include

proposed order

An application to approve the specified attorney fee agreements must be submitted with a proposed entry.

An application for approval of the attorney fee agreement in wrongful death, survival claims or minor’s personal injury actions must be submitted and a proposed entry must accompany the application.

CRITICAL

Applies to

Support order documents

Upon receiving the support order, the county child support enforcement agency must submit the documents to the Clerk of Courts for docketing.

2. Upon rec.elpt of said order of support, ttie Lawrence oounty Child Support Enforcement Agent:J,J Shall submit said.documents to the Clerk of Courts for docketing.

CRITICAL

Applies to

Standing process server affidavit

The standing-server affidavit must provide the server’s contact information, age, disqualification agreement, and agreement to follow applicable service rules and court instructions.

The affidavit shall set forth the following information: (i) The name, address and telephone number of the person to be appointed as a standing process server; (ii) That the person is 18 years of age or older; (iii) That the person agrees not to attempt service of process in any case the server is a party or counsel for a party; (iv) That the person agrees to follow the requirements of Civil Rules 4 through 4.6 and any applicable Local Rules, and specific instructions for service of process as ordered by the Court in individual cases.

CRITICAL

Applies to

Iv d collection services application

Obligees under court support orders must apply to CSEA for IV-D collection services, unless they have assigned their right to child support to CSEA.

Every obligee of a court order of support made in this Court shall make application for child support collection services under Title IV-D of the U.S. Social Security Act (herein "IV-D") with the Lawrence County Child Support Enforcement Agency ("CSEA") whose address is 214 South 4th Street, Ironton, Ohio 45638. Obligee's who have assigned their right to child support to CSEA need not make application for IV-D collection services.

CRITICAL

Applies to

First pleading adding new party

When a plaintiff or defendant is added after a case begins, the caption of the first pleading in which or after which the party is added must state the new party's name and address.

When a ~ party plaintiff or a defendant is added to a case aft.er the commenoemant thereof. the .caption of 1he first pleading in Which or after which such new party Is added shall contain the name of the new ~ together With their or .its address.

CRITICAL

Applies to

Hourly fee application

An application based on hourly billing must include detailed daily billing entries and a summary of time, rates, and charges for each attorney or paralegal.

If a fee request is based on hourly billing, the application must contain a complete and detailed billing statement. The billing statement must include separate daily entries showing who performed the services, the date performed, a description of the services, the time expended, the hourly rate charged and the total charge for each separate entry. It must also provide a summary of the total time each attorney or paralegal expended, his or her hourly rate and the total charges attributable to each.

CRITICAL

Applies to

Self representation acknowledgement

Self-represented persons must sign and file LC Form 75.1, which verifies their understanding of their rights and responsibilities, including that the Court and deputy clerks cannot provide legal advice.

All self-represented persons must sign and file a self-representation acknowledgement (LC Form 75.1) verifying that they understand their rights and responsibilities when engaging in a probate proceeding without legal representation. In particular, but without limitation, the acknowledgement will confirm the self-represented person’s understanding that the Court and its deputy clerks are not permitted to provide any legal advice to any person under any circumstances. Self-represented persons must file the acknowledgement form with the initial filings.

CRITICAL

Applies to

Account

Loans or advances used to pay expenses must be identified on the account, with an itemization of how the funds were spent.

Even if the source of funds to pay those expenses are loans or advances from the Fiduciary or someone else, they need to be shown as such on the account, with an itemization of where the loan or advancement was spent.

CRITICAL

Applies to

Filing using prescribed form

Information applicable to a filing using a prescribed form must be complete and accurate; the Court will not correct or add missing information in a proposed filing.

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.

CRITICAL

Applies to

Inventory

All required valuations and proper evidence of those valuations must be obtained before filing the Inventory, which the Court will not accept without them.

Regardless of whether you use a formal appraisal or an alternate valuation, be sure you have all the required valuations for real and personal property before attempting to file the Inventory. The Court cannot accept Inventories that lack proper evidence of valuations.

CRITICAL

Applies to

Initial extension application

An initial extension application must clearly and concisely state the reasonable cause for needing more time.

An initial application for extension of time must contain a clear and concise statement establishing reasonable cause for why additional time is needed.

CRITICAL

Applies to

Fee agreement

Fee agreements exceeding Appendix B's guidelines or using a non-contingent-percentage method must be submitted for court approval in advance.

If the fee agreement exceeds the Appendix B guidelines, or if the fee is computed in a method other than a contingent percentage, you need to submit it to the Court for approval up front.

CRITICAL

Applies to

Final appealable order

Every final appealable judgment or order must include the specified direction to the Clerk about mailing copies and recording service in the appearance docket.

All judgments or orders which are final appealable Orders ("F.A.O.") shall contain a direction to the Clerk that, "The Clerk shall mail a copy of this Judgment/Order to all counsel of record and to each party not in default who is not represented by counsel and make note of the service in the appearance docket."

CRITICAL

Applies to

Application to liquidate structured settlement

An application for early access to structured-settlement funds must show a compelling reason and detailed proof that the buyout is financially reasonable; obtaining multiple proposals is recommended.

The application must show a compelling reason for early access to structured settlement funds. Due to the steep discounting of structured settlement liquidations, the Court will require detailed proof that the proposed buyout is financially reasonable. The best way to prove reasonableness is to obtain multiple proposals for comparison.

CRITICAL

Applies to

Iv d collection services application

Applicants may obtain IV-D collection services applications from CSEA and must return them to CSEA when completed.

The applications for IV-D collection services may be obtained from the CSEA and shall be returned to CSEA upon completion.

CRITICAL

Applies to

Summary insolvency initial filings

Must include

proposed order

The initial summary insolvency filings must include a proposed judgment entry using LC Form 62.2-B.

The fiduciary must also prepare and file a proposed judgment entry of summary insolvency (LC Form 62.2-B) with the initial filings.

CRITICAL

Applies to

Withdrawal entry

At the conclusion of litigation, the Attorney/Guardian ad Litem must prepare an entry withdrawing from the appointment and dismissing the juvenile as a party.

At the conclusion of the litigation, the Attorney/Guardian ad Litem shall prepare an entry withdrawing as the Guardian ad Litem and dismissing the juvenile as a party.

CRITICAL

Applies to

Complaint

The complaint must be verified as required by law and deposited with the Prosecuting Attorney.

The complaint shall then be verified as may be required by law and deposited with the Prosecuting Attorney.

CRITICAL

Applies to

Itemized statement

When requested compensation exceeds the Rule 72.1(A) amount, the itemized statement must cover all services for the period, not only the excess services.

If an executor or administrator requests compensation that exceeds the amount allowed in Rule 72.1(A), the itemized statement must cover all of the executor or administrator’s services for that period, not just those exceeding the allowable amount.

CRITICAL

Applies to

Filing

Must include

proposed order

Every filing must be accompanied by a proposed entry complying with Rule 57.5(A).

All filings must be accompanied by a proposed entry in compliance with Rule 57.5(A).

CRITICAL

Applies to

Account

If real estate was sold during the accounting period, the account must include a settlement statement detailing the transaction’s financial aspects.

If real estate has been sold during the accounting period, a copy of the settlement statement detailing all financial aspects of the transaction must accompany the account.

CRITICAL

Applies to

Application for authority to administer

The applicant must sign and file a fiduciary acceptance with the application.

The applicant must sign and file with the application a fiduciary acceptance (R.C. 2109.02).

CRITICAL

Applies to

Fee agreement

Fee agreements for the specified cases must be written and explain the services, fee calculation method, and payment due date.

All fee agreements between a Fiduciary and an attorney in wrongful death, survival or minor’s personal injury cases must be in writing. 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

Hearing request

A party requesting a hearing in a pleading, application, or motion must state why the hearing is necessary or would be beneficial.

Any party may request a hearing in other circumstances in its pleadings, or by separate application or motion, stating the reason that the party believes a hearing is necessary or would be beneficial.

CRITICAL

Applies to

Partial account

A partial account must include an itemized list of remaining estate assets under the Fiduciary’s control, using SC Form 13.2.

When a partial account is filed in an estate, the account must include an itemized list of remaining estate assets which are still in the Fiduciary’s control. The Fiduciary would utilize SC Form 13.2 to adhere to this requirement.

CRITICAL

Applies to

Account

The Fiduciary must give written consent to the fee after full disclosure, and the original consent must accompany the account.

The Fiduciary must consent to the fee in writing, after full disclosure of all material facts relating to the fees. The original consent must accompany the account.

CRITICAL

Applies to

Next of kin form

If a next of kin or will beneficiary is deceased, the Next of Kin form must state that person’s name and date of death.

If a person who is the decedent’s next of kin or a beneficiary under the decedent’s will is deceased, the name and date of death of that person must be shown on the Next of Kin form.

CRITICAL

Applies to

Complaint

In a guardianship land sale, the plaintiff must cause a guardian ad litem to be appointed when filing the land sale complaint to answer for the ward’s best interests.

In all guardianship land sale proceedings, simultaneously with filing the complaint for the sale of land the plaintiff must cause the appointment of a guardian ad litem to answer for the ward in a manner that the guardian ad litem believes represents the best interest of the ward.

CRITICAL

Applies to

Corporate trustee fee schedule amendment

A corporate trustee must file and obtain Court approval of fee-schedule amendments before applying for compensation under the amended schedule.

Any amendments to the fee schedule must be filed with and approved by the Court before the corporate trustee may apply for compensation based on the amended schedule.

CRITICAL

Applies to

Fee application

An attorney serving as trustee must file separate applications for authority to pay attorney and trustee fees.

An attorney who is also serving as the trustee must file separate applications for authority to pay the attorney fee and the trustee fee.

CRITICAL

Applies to

Motion for confirmation of sale

If the settlement changes before closing, the plaintiff must supplement the motion with the revised settlement statement.

If any changes to the settlement occur before closing, plaintiff must supplement the motion with a copy of the revised settlement statement.

CRITICAL

Applies to

Application for additional compensation

An application for additional compensation must be submitted with a proposed entry and completed statutory fee computation and supported by the required narrative and itemized statement.

An application for authority to pay executor or administrator’s additional compensation in a decedent’s estate must be submitted along with a proposed entry and a completed statutory fee computation. Additionally, the application must be supported by the narrative and itemized statement described in Rule 72.1(B).

CRITICAL

Applies to

Application

Applications must provide positive value estimates; estimates may be omitted only for the specified wrongful-death, survival-claim, and guardianship cases.

1. No Missing Information 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. 2. Minimum Bond Except as provided in subparagraph (3) below, if the applicant truly cannot determine an estimate of asset values at the time of application, the applicant must post a minimum bond of $100,000.00 before the Court will issue letters. 3. Exceptions Valuation estimates may be excluded only in cases filed for the sole purpose of pursuing wrongful death or survival claims where there are no other probate assets to administer, or in guardianship cases in which the proposed ward truly does not have any assets or income.

CRITICAL

Applies to

Certificate

Must include

certificate of service

The Fiduciary must file an SC Form 13.9 certificate of service before or with the account and provide specified proof from all interested parties, unless all sign a waiver of hearing notice and consent to 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). The Fiduciary must provide green return receipt cards, USPS tracking reports, acknowledgements of receipt, or waivers from all interested parties when filing a certificate of service of account. In the alternative, if all interested parties sign a waiver of notice of hearing and consent to account, the Fiduciary does not need to file a certificate of service of account.

CRITICAL

Applies to

Summary insolvency initial filings

Summary insolvency initial filings must include the fee-approval application and Fiduciary commission computation unless the Court has already approved them.

The Fiduciary must also file the appropriate application for approval of attorney fees under Rule 71.2(D) and the Fiduciary commission computation under Rule 72.1(A), unless the Court has previously approved the attorney fees and Fiduciary commissions.

CRITICAL

Applies to

Proposed wrongful death trust

If a wrongful death trust will receive settlement proceeds, the applicant must provide the Court a complete copy of the proposed trust at least 10 court days before the settlement hearing.

If a wrongful death trust under R.C. §2125.03(A)(2) is to receive any settlement proceeds, the applicant must provide the Court with a complete copy of the proposed trust at least 10 Court Days before the settlement hearing.

CRITICAL

Applies to

Notice of appearance

A client may promptly retain another attorney, who must file a notice of appearance with the Court.

The attorney’s client may promptly engage the services of another attorney, who must file a notice of appearance with the Court.

CRITICAL

Applies to

Request to use court photo or fingerprint record

A request to use a photograph or fingerprint record held by the Court must be in writing, state its factual basis, and receive permission by Journal Entry.

Requests for the use of any photograph or fingerprints in the possession of the Court shall be made in writing and state the facts forming the basis for the request. If the Court permits the use of any such photo or fingerprint record, it shall do so by Journal Entry.

CRITICAL

Applies to

Written verification of deposit restrictions

A fiduciary depositing funds into a restricted account must provide the Court with written verification of the deposit restrictions.

The Fiduciary must provide a written verification of deposit restrictions to the Court.

CRITICAL

Applies to

Child custody or paternity decree or support or custody entry

Final custody or paternity decrees involving children and later support or custody entries must receive CSEA approval before presentation to the Court or Clerk; a violation is contemptuous unless the violating party proves mistake or inadvertence by a preponderance of the evidence.

No final decree regarding custody or paternity in which children are involved and all subsequent entries regarding the support or custody of minor children shall be presented to the Court for approval or to the Clerk without first being approved by the CSEA or its successor. Violation of this Rule shall be considered a contemptuous action and the burden shall be upon the party violating this Rule to prove by a preponderance of the evidence that it was done through mistake or inadvertence.

CRITICAL

Applies to

Application to settle claims

A written narrative describing the circumstances of the wrongful death must be filed with the settlement application.

A written narrative setting forth the circumstances of the wrongful death must be filed with the application to settle the claims.

CRITICAL

Applies to

Summary insolvency initiation

A summary insolvency proceeding must be initiated by filing LC Form 62.2-A with a schedule of all claims.

The Fiduciary will initiate an insolvency proceeding under this Rule by filing a representation of summary insolvency (LC Form 62.2-A). A schedule of all claims (SC Forms 24.4 and 24.5) must accompany the representation.

CRITICAL

Applies to

Admitted exhibits

Exhibits admitted at a hearing or trial must be filed in the Court’s case file unless the Court orders otherwise.

All exhibits admitted as evidence at a hearing or a trial will be filed in the Court’s case file, unless the Court orders otherwise.

CRITICAL

An omitted trial item may be used only if the court grants relief on a motion showing good cause.

·Faifure to include a document, photograph, or other items in the material required by the order will prevent its use in evfdence or .as .a trial material Relief from this provision may be obtained Pre--Trial Date: ------=---------- Trial Date: _ _ _ _ _ _ _ _ _ _ _ _ __.;__~ only upon motion for good oause shown.

CRITICAL

Applies to

Fee application

An attorney who serves as guardian must file separate applications for payment of the attorney fee and guardian fee.

An attorney who is also serving as the guardian must file separate applications for authority to pay the attorney fee and the guardian fee.

CRITICAL

Applies to

Application for summary release

The application for summary release must include the paid funeral bill and proof of payment, or an unpaid funeral-services contract identifying who is responsible for payment.

A copy of the funeral bill with proof that it has been paid, or if not yet paid, a copy of the signed funeral services contract showing who is responsible for payment, must be filed with the application for summary release.

CRITICAL

Applies to

Objections

A transcript is necessary to support an objection based in whole or in part on a factual finding or the weight of the evidence; a partial transcript may be permitted with leave of the Court.

If a finding of fact or weight of the evidence is part or the whole of the basis for the Objection. a transcript of the testimony is necessary to support the Objection. Partial transcripts may be permitted with leave of the Court.

CRITICAL

Applies to

Application for authority to expend funds

An Application for Authority to Expend Funds must state each proposed expenditure’s payee, amount, purpose, recurrence status, and the funds currently available to the guardian.

The Application for Authority to Expend Funds (SC Form 15.7) must describe the payee, the amount and the purpose of each proposed expenditure. It must also specify whether the proposed expenditures are recurring expenses or non-recurring expenses, as well as the funds currently available to the Guardian.