Lawrence County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Judgment order

Pre-addressed stamped mailers indicating a return address to the Clerk must be delivered with the Judgment/Order filing.

Judgment/Order along with pre-addressed stamped mailers shall be delivered to the Clerk with the filing of the Judgment/Order indicating a return address to the Clerk.

CRITICAL

Applies to

Filed document

Counsel and their parties are solely responsible for redacting personal identifiers, and the Clerk will not review each document for compliance.

The responsibility for redacting these personal identifiers rests solely with the counsel and their parties. The Clerk will not review each document for compliance with this rule.

CRITICAL

Applies to

Account

“Zero” accounts are not permitted.

“Zero” accounts are not permitted (and really do not make any sense).

CRITICAL

Applies to

Application to settle minor claim

If an annuity funds the structured settlement, the application must include an affidavit or similar proof verifying that the issuing insurer meets the stated qualifications.

If the structured settlement is to be funded by an annuity, an affidavit or other similar proof verifying that the insurer issuing the annuity funding the structured settlement meets the following qualifications must also accompany the application.

CRITICAL

Applies to

Application for authority to administer

If the fiduciary does not qualify for a bond exemption, a bond commitment must accompany the application.

In cases in which the Fiduciary does not qualify for exemption from bond requirements, a bond commitment must accompany the application.

CRITICAL

Applies to

Dismissal entry

Counsel must promptly submit an entry of dismissal to the court after settling a case.

3. CounseJ shall promptly submit an entry of dismissal to the court fol~ng sefflement of any case.

CRITICAL

Applies to

Request for driving privileges or post adjudicatory relief

Requests for driving privileges or other post-adjudicatory relief must be made in writing and set for hearing.

All requests for driving privileges or other form of post-adjudicatory relief shall be made in writing and set for hearing.

CRITICAL

Applies to

Motion for confirmation of sale

A motion to confirm a sale must include the proposed settlement statement showing gross proceeds, proposed sale charges, and net proceeds payable to the plaintiff.

A copy of the proposed settlement statement, showing the gross sale proceeds, all proposed charges relating to the sale and the net proceeds payable to the plaintiff, must be attached to the motion for confirmation of the sale.

CRITICAL

Applies to

Application for authority to administer

Any claimed qualification for exemption from bond must be established when the application is filed.

The applicant must establish any claimed qualification for exemption from bond under Rule 75.2(G) simultaneously with filing the application.

CRITICAL

Applies to

Fiduciary bond

Fiduciary bonds must be issued by a reputable insurance or bonding company acceptable to the Court.

All bonds must be issued by a reputable insurance or bonding company acceptable to the Court.

CRITICAL

Applies to

Application or motion to withdraw

An application or motion to withdraw must certify that the client received a complete list of case deadlines and critical dates and has or will promptly receive the case files after approval.

The application or motion to withdraw must certify that the attorney has provided the client with a complete list of all deadlines and other critical dates in the case, and that the attorney has or will promptly upon the Court’s approval of withdrawal deliver all of the case files to the client.

CRITICAL

Applies to

Final appealable order

The appropriate number of judgment or order copies and pre-addressed stamped mailers must be delivered to the clerk when the judgment or order is filed, with the clerk's return address indicated.

the appropriate number of oopies of said Judgment/Order along with pre-addressed stamped mailEQ shall be delivered .to the cierk with the fiftng of the Judgment/Order indicating a retum address of the. Clerk.

CRITICAL

Applies to

Judgment entry

All judgment entries must be approved and signed by the Court before filing with the Clerk.

All judgment entries shall be approved and signed by the Court before being filed with the Clerk of Courts.

CRITICAL

Applies to

Appraiser application

An application for an appraiser of an asset other than real estate must include information establishing the appraiser’s expertise.

The applicant must present sufficient information with the application to establish that the proposed appraiser of any other asset has the necessary expertise, by reason of education, special training, licensing, and experience or otherwise, to render a fair, impartial and accurate valuation of the asset for which they are appointed to appraise.

CRITICAL

Applies to

Complaint

The County Treasurer must be named as a defendant in every land sale action, regardless of whether taxes are current.

The County Treasurer must always be named as a defendant, even if all real estate taxes are current.

CRITICAL

Applies to

Progress report

Each progress report must address the juvenile's and/or family's treatment and rehabilitative progress and recommend relevant alterations to the program, custody, or living arrangements.

A progress report concerning said child shall be filed in writing with the Court at least every thirty (30) days, unless otherwise specifically directed, concerning the treatment and rehabilitative progress of said juvenile and/or the juvenile's family. The progress report shall also make suggestions and recommendations for alteration of the program, custody, living arrangements and other relevant matters.

CRITICAL

Applies to

Application for authority to pay guardian compensation

An application requesting hourly guardian compensation must be supported by the itemized statement described in Rule 73.1(D).

Additionally, if the application requests compensation on an hourly basis, the application must be supported by the itemized statement described in Rule 73.1(D).

CRITICAL

Applies to

Entries and judgments

The prevailing party must prepare entries and judgments under the court’s local rules and submit them to the magistrate for approval and entry before submitting them to the courts.

4. Entries and judgments shall be pre~ by the prevaiillig party in accordance with the kleal rules of this court and shall be submitted to the magistrate for approval and e n ~ before being submitted to the courts.

CRITICAL

Applies to

Partial account

A partial account may not show zero receipts and zero disbursements without advance court authorization.

No partial account may show zero receipts and zero disbursements, unless authorized by Court order in advance.

CRITICAL

Applies to

Adoption filings

All documentation required by statutes, Rules of Superintendence or Local Rules for adoptions, including without limitation the home study and all necessary proofs of service, must be filed with the Court no later than 10 Court Days before the scheduled hearing date.

All documentation required by statutes, Rules of Superintendence or Local Rules for adoptions, including without limitation the home study and all necessary proofs of service, must be filed with the Court no later than 10 Court Days before the scheduled hearing date.

CRITICAL

Applies to

Filing establishing real estate value

When real estate value is based on the Auditor’s tax valuation instead of a formal appraisal, a copy of that valuation must accompany the filing establishing the value.

If the value of real estate is based on the Auditor’s tax valuation in lieu of a formal appraisal, a copy of the Auditor’s tax valuation must accompany the filing in which the real estate value is being established.

CRITICAL

Applies to

Fiduciary withdrawal application or motion

A fiduciary seeking voluntary withdrawal must obtain prior Court approval, demonstrate reasonable cause, and submit a proposed entry with the application or motion.

A Fiduciary may not voluntarily withdraw 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 to withdraw.

CRITICAL

Applies to

Guardian compensation statement

When a guardian requests a fee above the allowable amount, the itemized statement must cover all services for the period, not only the excess services.

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

CRITICAL

Applies to

Standing process server order

The standing appointment order must use the stated caption and include the prescribed designation and authorization language.

(c) The order shall be captioned, "In Re The Appointment ofili:ame of Person Requesting Appointment) As Standing Special Process Server", and state the following: "It appearing to the Court that the following person has complied with the provisions ofLocal Rule 19, (tiame ofPerson Requesting Appointment) is hereby designated as a Standing Special Process Server authorized to make service ofprocess in all cases filed in this Court and to serve until December 31, - - or further order of this Court, which ever comes first.

CRITICAL

Applies to

Objection to magistrate report

The followiog statement shall be attached to and be a part of any objec- tion to a magistrate's report: TRANSCRIPT A transcript of the hearing held _ _ _ _ _ _ _ (IS • IS NOT) requested. The 4anscript statement shall be signed by thEl counsel or person re- questing said transcript and be properly filled out to c.(esignate the. hearing{s) requested. No objection to a Magistrate's Report shall be accepted for filing by the Oerk without the above stat~ment. Any statement improperly or incom- pletely:filled out sh~I be. deemed a waiver of transcript· and the objections -sna!I prQceed ~ u t transcript.

The followiog statement shall be attached to and be a part of any objec- tion to a magistrate's report: TRANSCRIPT A transcript of the hearing held _ _ _ _ _ _ _ (IS • IS NOT) requested. The 4anscript statement shall be signed by thEl counsel or person re- questing said transcript and be properly filled out to c.(esignate the. hearing{s) requested. No objection to a Magistrate's Report shall be accepted for filing by the Oerk without the above stat~ment. Any statement improperly or incom- pletely:filled out sh~I be. deemed a waiver of transcript· and the objections -sna!I prQceed ~ u t transcript.

CRITICAL

Applies to

Application or motion

Must include

proposed order

Applications and motions must include a proposed entry prepared by the applicant or movant, and the Court may decline to accept filings that omit it.

All applications or motions must be accompanied by a proposed entry prepared by the person applying or moving for the entry. The Court may decline to accept the application or motion for filing if it is not accompanied by a proposed entry.

CRITICAL

Applies to

Account

Accounts must subtract expenses, distributions, losses, and other expenditures for the applicable accounting period.

The account must subtract all expenses paid, distributions made, amounts lost and all other forms of expenditure since the beginning of the administration on first accounts or since the last accounting on subsequent accounts.

CRITICAL

Applies to

Extension application

Each extension application must include a corresponding proposed entry.

All applications for extension of time must be on the appropriate local form and accompanied by a corresponding proposed entry.

WARNING

Applies to

Proof of income payment

For this guardianship bond exception, the fiduciary must provide proof that all income is paid directly to a lawful representative payee or qualifying long-term-care facility.

The Court will dispense with the bond requirement in a guardianship of the estate if there is no personal property and the Fiduciary provides proof that all income is paid directly to a lawful representative payee or to a health care facility providing for the long-term care of the ward.

WARNING

Applies to

Waiver

The purchaser may waive some or all of the 30-day period by signing a written waiver and filing it with the Court.

The purchaser may waive any or all of this 30 day period in writing signed by the purchaser and filed with the Court.

WARNING

Applies to

Final and distributive account

For an estate administration completed within six months, or 13 months if extended, Court fee approval and a fee-guideline computation are unnecessary; the fee goes on the final and distributive account if reasonable and everyone consents.

Perhaps the most important section of this Rule is paragraph 71.2(B). In essence, if you complete the administration of an estate within six months (or 13 months if the administration is extended), you do not have to get the Court’s approval of your fee. You do not even have to file a fee guideline computation. Simply put the fee on the final and distributive account. As long as it appears reasonable and everyone has consented, that is all you need to do.

WARNING

Applies to

Account

Trust accounts follow the same rules as guardianship accounts.

Trust accounts follow the same rules as guardianship accounts.

WARNING

Applies to

Fee allocation waiver

Without an allocation agreement or a signed waiver from the co-fiduciary taking the smaller share, co-executors or administrators share the fee equally.

In the absence of an agreement on the fee allocation or a waiver signed by the co-executor or administrator who agrees to take a smaller share, the co- executors or administrators will share the fee equally.

WARNING

Applies to

Motion for leave

Other briefs or evidence may be considered only to the extent permitted by the Juvenile Rules and for cause shown in a motion for leave; the Court may grant leave or allow additional evidence at a scheduled hearing.

No other brief or evidence shall be considered, except that to the extent permitted by the Juvenile Rules, and for cause shown in a motion made therefor. The Court may grant leave to serve and file additional briefs and or supplementary documentary evidence in testimonial form, or may permit the introduction of additional evidence at the hearing, if one is scheduled.

WARNING

Applies to

Fiduciary accounting

The distribution of survival claim proceeds will appear on the fiduciary’s accounting in the decedent’s estate.

The distribution of survival clam proceeds will appear on the Fiduciary’s accounting in the decedent’s estate.

WARNING

Applies to

Jury questionnaire

The jury questionnaire should facilitate quick and accurate screening and request only information essential to determining eligibility, providing basic voir dire background, and efficiently managing the jury system.

C; The questionnaire shalt be·P.flmsed and organiZed so as to fa- cifltate quick and accurate screening and shat! request onfythat information sssenHaJ for: 1. Determining whether-a person meets the criteria for elgibif.. Hy. 2. Providing basic backgmur\Q Information ordinarily sought during voir dire examjnation; and S. Efflcfentty managing th& jury system.

WARNING

Applies to

Initial settlement application

The Court recommends submitting documentation substantiating the structured-settlement issuer’s reliability with the initial settlement application.

This is a new Rule that requires documentation to substantiate that the issuer of a structured settlement is a reliable company. The Court needs sufficient time to review the required information, so it is important to submit the information with the initial application to approve the settlement.

WARNING

Applies to

Account

Local Rule 64.3’s account requirements apply to testamentary trustees and other fiduciaries who are not executors or administrators, except as provided by R.C. §2109.303(B).

All requirements in Rule 64.3 also apply to the accounts of testamentary trustees and other fiduciaries who are not executors, administrators, except as provided in R.C. §2109.303(B).

WARNING

Applies to

Filed document

(c) Dates of Birth. Ifan individual's date of birth must be included in a document, only the year should be used.

(c) Dates of Birth. Ifan individual's date of birth must be included in a document, only the year should be used.

WARNING

Applies to

Fee application

A fee application is not required in a summary or release from administration case unless the Court orders one.

No application for fees is required in summary or release from administration cases unless the Court orders otherwise.

WARNING

Applies to

Estate account

Show payment of an accepted and paid claim on the account; claims sent only to the Fiduciary need not be documented in the Court's file.

If a claim is accepted and paid, all you need to do is show the payment on the account. Nothing else is required. The acceptance or rejection of creditor claims that were sent to the Fiduciary only (and not filed in Court) does not need to be documented in the Court’s file.

WARNING

Applies to

Motion

Motions may be supported or opposed with testimonial-form documentary evidence permitted by the Juvenile Rules; in general, only the listed categories may be used.

Motions may be supported and opposed by documentary evidence in a testimonial form as permitted by the Juvenile Rules. In general only the following types of documentary evidence may be used for this purpose: (i) affidavits, (ii) depositions, (iii) answers to interrogatories, (iv) written admissions, (v) transcripts of evidence in the pending case, and (vi) written stipulations of fact.

WARNING

Applies to

Objections

Objections should be accompanied by a supporting memorandum.

Objections should be accompanied by supporting memorandum.

WARNING

Applies to

Motion package

A motion package may include supporting testimonial documentary evidence, if any, as authorized by subsection 8(d).

Supporting documentary evidence in testimonial form, If any, as authorized by subsection 8(d) of this Rule;

WARNING

Applies to

Filed document

(d) Financial Account Numbers. If financial account numbers are relevant, only the last four (4) digits of these numbers should be in the document used.

(d) Financial Account Numbers. If financial account numbers are relevant, only the last four (4) digits of these numbers should be in the document used.

WARNING

Applies to

Jury summons and questionnaire

Phrased so as to be readily undefstood by an indivkfual ~-= unfamiliar with 1h$ fegal and Jury systems;

Phrased so as to be readily undefstood by an indivkfual ~-= unfamiliar with 1h$ fegal and Jury systems;

WARNING

Applies to

Extension request

A filer should use Local Rule 56.1 forms if the final account can be filed within 60 days after the initial six-month deadline, and Form 13.8 or 13.10 if it likely cannot.

In the event the filer believes that a final account can be completed and filed up to 60 days after the initial 6-month deadline, the filer should utilize the forms found in Local Rule 56.1. In the event that the filer believes that a final account will likely not be able to be completed within 60 days after the initial 6-month deadline, the filer should utilize either Form 13.8 or Form 13.10 to extend the estate’s administration.

WARNING

Applies to

Motion or response in opposition

A party may request a hearing in the motion or opposition; if none is requested, the Court may rule without a hearing or set one on its own.

Any party may request a hearing on any motion. The request must be made in the motion or in the response in opposition. If a hearing is not requested, the Court may rule on the motion without hearing, or may on its own motion set the matter for hearing.

WARNING

Applies to

Request to mail copies

A request to have copies mailed must include a self-addressed, stamped envelope.

Any request to mail the copies must include a self-addressed, stamped envelope.

WARNING

Applies to

Mailed filing

A filer requesting returned file-stamped copies must provide an adequately sized, self-addressed, stamped envelope with sufficient prepaid postage.

If the Court is requested to return file- stamped copies, the filer must provide a self-addressed, stamped envelope adequate in size to hold the return documents and with sufficient postage prepaid.