Lawrence County Court of Common Pleas, Ohio Document Filing Requirements

WARNING

Applies to

Required documents

Applicants are advised to bring all required documents and information to the Court.

It is also important to make sure you bring all required documents and information with you to the Court.

WARNING

Applies to

Account

The requirements of Local Rule 64.3 also apply to conservatorships, with “conservator” substituted for “guardian.”

All requirements in this Rule 64.3 also apply to conservatorships, substituting the word conservator for guardian.

WARNING

Applies to

Objections to trial materials

Objections to trial materials must be in writing and briefly state their grounds and supporting authority.

ObJedions to the admtssions·of exhibits or the use <if other trial materials must be made in writing and filed within one (1) week wifh a copy of contemporaneously delivered t(tthe cfoott fn cham· ber. Objections shall state briefly the grounds for the objections and a brief citation of authority.

WARNING

Applies to

Hourly billing format

If you are charging on an hourly basis, be sure your billing format contains the necessary detail required in paragraph (D) of this Rule.

If you are charging on an hourly basis, be sure your billing format contains the necessary detail required in paragraph (D) of this Rule.

WARNING

Applies to

Written title report

The written title report need not be filed with the certification but must be available for the Court to review upon request.

The written title report does not need to accompany the certification but must be available to the Court for review upon the Court’s request.

WARNING

Applies to

Fee agreement

When in doubt about whether a contingent fee agreement is acceptable, the Court recommends submitting it for approval immediately upon commencing the case.

If you are ever in doubt regarding the acceptability of your contingent fee agreement, the best route is to submit it to the Court for approval immediately upon commencing the case.

WARNING

Applies to

Filed document

The Court may require a party to file a redacted copy for the public file.

The Court may, however, still require the party to file a redacted copy for the public file.

WARNING

Applies to

Application to file will for record only

The Application to File Will for Record Only replaces the former Will & Affidavit action, and the Affidavit will no longer be accepted.

The Application to File Will for Record Only replaces the former Will & Affidavit action. The Affidavit will no longer be accepted.

WARNING

Applies to

Controlling instrument

To qualify for this bond exception, the controlling instrument nominating the fiduciary must expressly dispense with bond.

The Court will dispense with the bond requirement if the controlling instrument nominating the Fiduciary for appointment expressly dispenses with bond.

WARNING

Applies to

Fee agreement

The Court may request a copy of the fee agreement for review at any time and for any purpose.

The Court reserves the right to request a copy of the fee agreement to review at any time and for any purpose.

WARNING

Applies to

Motion response reply

Motions, responses, and replies should clearly and concisely state the party’s position, cite supporting legal authority, and succinctly state the relief sought.

All motions, responses and replies should present a clear, concise argument of the party’s position, properly cited and referenced supporting legal authority and a succinct statement of the relief sought.

WARNING

Applies to

Initial settlement application

The Court recommends addressing Rule 71.5’s attorney-fee approval requirements in the initial settlement application.

Rule 71.5 describes the requirements for approval of attorney fees in minor’s settlement cases. It is important to address those requirements up front when filing the initial application for settlement approval to avoid delays in the settlement hearing.

WARNING

Applies to

Memorandum on objections

The Court will only hold a hearing on the objections if a party specifically requests a hearing in its memorandum in support or in opposition to the objections.

The Court will only hold a hearing on the objections if a party specifically requests a hearing in its memorandum in support or in opposition to the objections.

WARNING

Applies to

Juvenile final decree or subsequent support or custody entry

The CSEA must promptly approve juvenile-related final decrees and later support or custody entries after verifying the listed court, state, information, compliance, and form requirements.

The CSEA or its successors shall promptly approve all final decrees in which juveniles are involved and all subsequent entries regarding the support or custody of juveniles upon verification that the entries contain those items required by; (i) the Rules of this Court, (ii) the State of Ohio, (iii) the CSEA or its successors has been given the information required to be given it by the appropriate party, (iv) the parties have complied with all requirements concerning their actions, and (v) the appropriate forms necessary for the efficient operation of the CSEA or its successor have been completed by the appropriate party.

WARNING

Applies to

Application

Applicants are strongly advised to complete every detail of the marriage-license application fully and accurately.

It is very important to complete every detail of the application fully and accurately.

WARNING

Applies to

Filed document

(b) Names of Minor Children. If the involvement ofa minor child must be mentioned, only the initials of that child should be used.

(b) Names of Minor Children. If the involvement ofa minor child must be mentioned, only the initials of that child should be used.

WARNING

Applies to

Annual partial account

Estates opened solely to pursue wrongful-death or survival claims with no other probate assets are exempt from annual partial accountings but must still file annual status reports; estates with other probate assets remain subject to all accounting requirements.

A decedent’s estate that the Fiduciary opened for the sole purpose of pursuing wrongful death or survival claims, and in which there are no other probate assets to administer, are exempt from the requirement of filing annual partial accountings in this Rule, but are not exempt from filing the annual status report under Rule 64.2(H). If there are other probate assets to administer, all accounting requirements in this Rule apply.

WARNING

Applies to

Final entry

If the Court approves the fees, they must be included in the final entry.

If approved by the Court, said fees shall be made a part of the fmal entry.

WARNING

Applies to

Jury summons

A jury summons must clearly state how and when the recipient must respond.

A summons shalf ot~rfy ~ hoW and when the recil)lant must respond.

WARNING

Applies to

Fee agreement

Do NOT file your fee agreement with the Court (unless other provisions of this Rule require you to file it) because then it becomes a public record. Also, do not submit your agreement to the Court for review and pre-approval. The Court does not do that.

Do NOT file your fee agreement with the Court (unless other provisions of this Rule require you to file it) because then it becomes a public record. Also, do not submit your agreement to the Court for review and pre-approval. The Court does not do that.

WARNING

Applies to

Proposed order

If the Court requires it, counsel must submit a proposed order within five days after the conference.

The Court may require counsel to submit a proposed order within five (5) days after the conference.

WARNING

Applies to

Fee agreement

Do not file the fee agreement unless the Court or the Rules require it.

Do not file the fee agreement with the Court unless the Court or these Rules otherwise require.

WARNING

Applies to

Attorney fee request

In contested matters, the Court normally will not consider an attorney-fee award without specific legal authority, and the requesting party should thoroughly and clearly substantiate the claim.

This Court normally will not consider awarding attorney fees in a contested matter without specific statutory, case law or rule authority. If you seek recovery of attorney fees, be prepared to thoroughly and clearly substantiate your claim.

WARNING

Applies to

Written consent

A fiduciary seeking this bond exception must file the written consent of all heirs or beneficiaries; the exception applies only if the estate is solvent.

The Court may dispense with the bond requirement if the Fiduciary files with the Court the written consent of all heirs or beneficiaries. This exception only applies if the estate is solvent.

WARNING

Applies to

Status report

Subsequent partial accounts may be waived, but a status report must still be filed to inform the Court about the case.

Subsequent partial accounts may be waived, but you still need to file a status report to keep the Court informed about what is going on in the case.

INFO

Applies to

Hearing on objections

The Court may set a hearing on objections on its own motion, even if no party requests one.

The Court may set the matter for hearing on its own motion, even if not requested by any party.

INFO

Applies to

Statement of fact form

Law-enforcement officers are encouraged to use the Court’s statement-of-fact forms to provide information sufficient for disposition without the arresting officer’s attendance.

Law-enforcement officers are encouraged to use the statement-of-fact forms provided by the Court to provide sufficient information with respect to the juvenile and the alleged violation so as to permit the Court to make final disposition in the case without requiring the attendance of said arresting officer.

INFO

Applies to

Preliminary matter entry

The Court may, at its discretion, prepare and journalize entries reflecting decisions on preliminary matters.

Entries reflecting decisions on preliminary matters may be prepared and journalized by the Court at its discretion.

INFO

Applies to

Notice of appointment waiver

The appointment notice may be waived in writing using LC Form 60.1-F.

The notice may be waived in writing (LC Form 60.1-F).

INFO

Applies to

Excuse or deferral request

Requests for excuses and deferrals, and their dispositions, should be in writing or otherwise made of record.

Requests forelCCUSed and deferrals and their disposition shoutd be Written or ottterwtse made of record.

INFO

Applies to

Attorney fee application

An hourly billing statement and supporting narrative are not required to accompany an application for fees within the guideline.

An hourly billing statement and supporting narrative does not need to accompany the application.

INFO

Applies to

Account

Supporting documentation and proof of payment need not be filed or displayed with an account unless the Court orders otherwise in the particular case.

The Fiduciary does not have to file supporting documentation with any account in a decedent’s estate, and does not have to display the proof of payment at the time of filing the account, unless the Court orders otherwise in the particular case.

INFO

Applies to

Application for authority to administer

Exact estate asset values are not required with the application; good-faith estimates are sufficient.

Exact values are not required, only good faith estimates.

INFO

Applies to

Normal statutory fee

A fiduciary need not submit the Rule 72.1(C) application and proposed entry when the fee does not exceed the statutory amount.

The Fiduciary is not required to submit an application and proposed entry under Rule 72.1(C) if the fee does not exceed the statutory amount.

INFO

A magistrate may require counsel to submit briefs, proposed findings, or other memoranda before issuing a report.

A magistrate rnay require that briefs, proposed find- ings or other memorandums be submitted by counsel prior to the issuance of report.

INFO

Applies to

Partial account

The Fiduciary need not provide documentation verifying the identity and current value of remaining assets unless an interested party requests it and the Court orders it, or the Court orders it on its own motion.

Unless requested by an interested party and ordered by the Court, or ordered by the Court on its own motion, the Fiduciary is not required to provide the Court with supporting documentation to verify the identity and current value of assets remaining in the Fiduciary’s hands.

INFO

Applies to

Attorney fee application

An attorney fee application is not required in summary or release from administration cases unless the Court orders otherwise.

No attorney fee application is required in summary or release from administration cases, unless the Court orders otherwise.

INFO

Applies to

Juvenile traffic denial form

An attorney, parent, or guardian may use an Intake Office form to enter a denial on behalf of a cited Juvenile Traffic Offender.

Forms are available in the Intake Office which may be used by the attorney, parent or guardian to enter a denial on behalf of a Juvenile Traffic Offender who has been cited.

CRITICAL

The order must use the specified caption and include the prescribed statement appointing the person as a standing special process server.

(.C) The Oroershal be captioned "'In Re!Th&AppointmentOf ~ ·ofperson@W.fdrtg~t)AsStandlng Special Process Server", and stm& the following: '7t appeJJtf/lg ID ·11te Comt-lltaf lhe ftJlhwing pemon has com- pliedwith 1/Jep,ovislona ofLocalRule_, {name ofpers:tJ(I ifl(Jllf!8fift1 {tmpintmenQ is lterehy ~nated as a Standing SpecialPlf'JC(JSS 8eMt; avthorfzedlD make S8IMbi, ofprocess