Lawrence County Court of Common Pleas, Ohio Filing Timing and Cure Windows

CRITICAL

An executor or administrator fee application in an insolvent estate must be filed with the insolvency filings.

If the estate is insolvent, the executor or administrator fee application must be filed with the insolvency filings.

CRITICAL

A fax filing that the Court receives and accepts as rule-compliant is filed upon receipt.

Filings the Court receives by fax and accepts for filing as complying with these Rules will be filed upon receipt.

CRITICAL

Filings must be received within the time required by law, subject to extension under Rule 56; late filings may subject the Fiduciary and counsel to compliance enforcement under Rule 77.

All filings must be received by the Court within the time required by law, subject to extension under Rule 56. Late filings will subject the Fiduciary and the Fiduciary’s attorney to compliance enforcement under Rule 77.

CRITICAL

In an insolvent estate, the attorney fee application must be filed with the insolvency filings.

If the estate is insolvent, the attorney fee application must be filed with the insolvency filings.

CRITICAL

The Court will not accept a land sale complaint for filing unless it includes the title certification.

The Court will not accept the complaint for filing without this certification.

WARNING

A motion to remove a fiduciary must be set for hearing at the earliest possible date.

If the Court or any person with an interest in the probate proceeding moves to have the Fiduciary removed, the Court will set the matter for hearing at the earliest possible date.

WARNING

The Court may strike a fax filing if the required procedures are not followed.

In the event all procedures are not followed, the Court may order the filing stricken from the record.

WARNING

The fax sender bears the risk that the transmission succeeds and the Court receives it.

The sender bears the risk of successful transmission to and receipt by the Court.

CRITICAL

The motion package and related proofs of service must be filed no later than three days after service.

The motion package, and the proofs of service pertaining thereto, shall be filed with the Court not later than three (3) days following service.

CRITICAL

To pay attorney fees without prior court approval, the fees must be shown on a final and distributive account or certificate of termination filed no later than 13 months after appointment, subject to any permitted extension.

The fees paid must be shown on a final and distributive account or certificate of termination that the Fiduciary files no later than 13 months after the date of appointment, and any permitted extension.

CRITICAL

Deadline

10 working days

Applies to

Praecipe for witnesses

A praecipe for witnesses must be filed with the clerk at least ten working days before the hearing, unless good cause is shown to the court.

Praecipe for witnesses shaft ~-med with the cterk at least ten (10) working days prior to the datesetforhearing, except for good cause shown to the court.

CRITICAL

Fiduciaries other than special administrators under Rule 60.1 must file accounts within the time required by law.

All Fiduciaries, except special administrators under Rule 60.1, must file their accounts within the time required by law.

CRITICAL

Summary judgment motions must be filed by the date set in the order.

SUMMARY JUDGEMENT: Any Motion(s} for summary Judgment shall-be fired by the date set forth above and set for hearing ihroogh the Judge's secretary as soon as practicable.

CRITICAL

Deadline

60 calendar days

When the specified estate is settled and proceeds are allocated to survival claims, the Fiduciary must file the required distribution report and a final and distributive account within 60 calendar days after filing the settlement-approval entry.

When an estate for wrongful death or survival purposes only is settled, and all or a portion of the settlement proceeds are allocated to survival claims in the entry approving settlement, the Fiduciary must file a report of distribution as required in the entry and must file a final and distributive account within 60 Calendar Days after the date of filing the entry approving settlement.

CRITICAL

A party must file a motion within the time required by law, the Rules of Civil Procedure, or a Court order.

A party desiring to file a motion must do so within the time required by law, by the Rules of Civil Procedure or by Court order.

CRITICAL

If the order specifies no filing date, additional papers must be filed within three days after service and no later than the day before a scheduled hearing.

Ifno filing date is specified, such papers must be filed within three (3) days after service, but in no event later than the day before a scheduled hearing.

CRITICAL

If counsel does not present a dismissal entry within 30 days after informing the court that the case settled, the court may dismiss the case for want of prosecution or enter another appropriate order.

If counsel fails to present such an entry to the court Within thirty (30) days after representation to the court that the ease has been settled, the eourt may order fha case dismissed for want of prosecution or enter an appropnate order.

CRITICAL

Deadline

14 calendar days

The opposing party must file its response within 14 calendar days after the motion is filed.

The opposing party must file its response in opposition to a motion within 14 Calendar Days after the filing date of the Motion.

CRITICAL

The notice of non-compliance will identify the filing that is overdue and will order the Fiduciary to file the document immediately. The notice of non-compliance will specify a grace period of 30 Court Days from issuance of the notice, in which time the Fiduciary may file the overdue document without the notice turning into a citation, or with good cause shown, request that the Court extend the time to file the required document. The date and time of a citation hearing will be included in the event the filing is not made before the grace period expires. The citation hearing will be automatically cancelled if the filing is submitted to the Court within the grace period. The notice of non-compliance will also state that the Court will not grant any extensions of the due date during the delinquency, except as the Court may order after the citation hearing under Rule 77.3.

The notice of non-compliance will identify the filing that is overdue and will order the Fiduciary to file the document immediately. The notice of non-compliance will specify a grace period of 30 Court Days from issuance of the notice, in which time the Fiduciary may file the overdue document without the notice turning into a citation, or with good cause shown, request that the Court extend the time to file the required document. The date and time of a citation hearing will be included in the event the filing is not made before the grace period expires. The citation hearing will be automatically cancelled if the filing is submitted to the Court within the grace period. The notice of non-compliance will also state that the Court will not grant any extensions of the due date during the delinquency, except as the Court may order after the citation hearing under Rule 77.3.

CRITICAL

The commissioner must file the distribution report within 30 calendar days after completing distributions and no later than 90 calendar days after the entry relieving the estate from administration is filed.

The commissioner must file a report of distribution in all release from administration cases within 30 Calendar Days after completing all distributions, but not longer than 90 Calendar Days after filing of the entry relieving the estate from administration.

CRITICAL

When an objection is based in whole or in part on a factual finding or the weight of the evidence, the moving party must file a transcript within 30 days after filing the objections unless the judge extends the time in writing; partial transcripts require leave, and failure to file a required transcript is grounds for dismissal.

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. Such transcript must be filed by the moving party within thirty (30) days after the filing of the Objections, unless the Judge extends the time in writing. Partial transcripts may be permitted with leave of the Court. Failure to file a transcript when required by this Rule is basis for dismissal of the Objections.

CRITICAL

A decedent’s estate fiduciary must file a final and distributive account or certificate of termination within six months of appointment unless extended administration qualifies, and the account cannot be waived.

The Fiduciary of a decedent’s estate must file a final and distributive account or a certificate of termination within six months after the date of appointment, unless the circumstances of the estate qualify for extended administration. This account cannot be waived under any circumstances.

CRITICAL

When the Juvenile Rules prescribe no deadline, a motion must be filed no later than three days after service.

All motions must be served and filed within the time limits prescribed by the Juvenile Rules. If no time limits are prescribed by the Juvenile Rules, motions shall be served within such time so as not to unduly delay the proceedings, and shall be filed with the Court no later than three (3) days following the date of service.

CRITICAL

Certain fee agreements require prior Court approval, which the Fiduciary must seek within 15 days of signing; late approval may result in a reduced fee.

If the fee agreement between the Fiduciary and the attorney is a contingent fee that exceeds the limitations shown on Appendix B, or if the fee is computed by a method other than a contingent percentage fee, prior Court approval of the fee agreement is required. The Fiduciary must apply to the Court for approval of the written fee agreement within 15 days after the Fiduciary and the attorney have signed the proposed fee agreement. Failure to obtain advance Court approval of the fee agreement within the required time may result in a reduction of the fee the Court approves upon final settlement of the matter.

CRITICAL

If the Court requests the original of a fax filing, the filer must provide it within 10 Court Days of the request.

In the event of this request, the filer must provide the original document within 10 Court Days of the Court’s request.

CRITICAL

Deadline

30 court days

The citation provides 30 Court Days to file delinquent documents, the grace period will not be extended, and the Fiduciary must attend the hearing if the documents remain unfiled.

The citation will give you 30 Court Days to file your delinquent documents. Make good use of that grace period because the Court will not extend it. If the grace period expires without filing the delinquent documents, you must attend the citation hearing.

CRITICAL

Objections to exhibits or other trial materials must be written and filed within one week, with a contemporaneous copy delivered to chambers.

ObJedions to the admtssions·of exhibits or the use <if other trial materials must be made in writing and filed within one (1) week Judge wifh a copy of contemporaneously delivered t(tthe cfoott fn cham· ber.

CRITICAL

Exclude the day of the triggering act when computing a period, and include the last day.

In computing any period of time prescribed or allowed by these rules or by an order of the Supreme Court, the day of the act from which the designated period of time begins to run shall not be included, and the last day of the period shall be included.

CRITICAL

Self-represented persons must file the acknowledgement form with their initial filings.

Self-represented persons must file the acknowledgement form with the initial filings.

CRITICAL

The complete proposed trust must be provided to the Court at least 10 court days before the settlement hearing if the trust will receive settlement proceeds.

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

Deadline

30 calendar days

The guardian must notify the Court in writing within 30 calendar days after the ward’s death.

If the ward dies, the guardian must notify the Court in writing within 30 calendar days after the death.

CRITICAL

After the first partial account, accounts are due annually by the anniversary of the thirteenth month after appointment, subject to statutory waiver unless the court orders an actual accounting; each account must show its ordinal number on the first page, and waiving an account does not waive the status report.

After the first partial account, the Fiduciary must file an account with the Court annually, on or before the anniversary date of the thirteenth month after the Fiduciary’s appointment. Each partial account must identify on the first page of the account the number of that account by ordinal number (second, third, etc.). Partial accounts after the first partial account may be waived in the manner described in R.C. §2109.301(A), unless the Court orders an actual accounting in the particular case for a particular accounting period. Waiver of a partial account does not waive the requirement of filing a status report, as required in Rule 64.2(H).

CRITICAL

A mailed or privately delivered filing is timely only if the Court actually receives it before the deadline expires.

The Court must actually receive the mail or delivery before expiration of the required deadline to be considered timely filed.

CRITICAL

The Attorney/Guardian ad Litem must submit a fee affidavit to the Court no later than seven days after the final hearing.

No later than seven (7) days after the final hearing in the matter for which the Guardian ad Litem has been appointed, the Attorney/Guardian ad Litem shall submit an affidavit of fees to the Court.

CRITICAL

The citation hearing order sets a deadline for the Fiduciary to file required documents to avoid additional per diem sanctions.

The order will also set a deadline by which the Fiduciary must file the required documents in order to avoid additional per diem sanctions.

CRITICAL

For an estate opened solely to pursue wrongful-death or survival claims with no other probate assets, the Fiduciary must file an LC Form 64.2-C status report each year on or before the appointment anniversary.

In decedent’s estates in which the Fiduciary was appointed for the sole purpose of pursuing wrongful death or survival claims with no other probate assets, the Fiduciary must file a status report with the Court each year on or before the anniversary date of the Fiduciary’s appointment, using LC Form 64.2-C.

CRITICAL

If an appraiser is appointed, the proper appraisal form must be filed before or at the same time as the Inventory.

Be sure that if an appraiser is appointed the proper appraisal form is filed before or simultaneously with the Inventory.

CRITICAL

Deadline

10 working days

The juvenile officer must submit the pre-sentence investigation within 10 working days after assignment, or file an extension request or addendum.

Upon the assignment of a Pre-sentence Investigation by the Court, the juvenile officer must submit said pre- sentence investigation within ten (10) working days or file a written request for an extension of time stating the reason and the expected date of completion or file an addendum.

CRITICAL

The guardian must file the list of the ward’s important legal papers within three months after appointment.

Within three months after the guardian’s appointment, a guardian shall file with this Court a list of all of the ward’s important legal papers, including but not limited to estate planning documents, advance directives, and powers of attorney, and the location of such legal papers, if known at the time of the filing.

CRITICAL

Deadline

30 calendar days

A fiduciary may not withdraw within 30 Calendar Days before a filing deadline, trial, or dispositive hearing unless the Court is satisfied that exceptional circumstances exist.

No Fiduciary may withdraw within 30 Calendar Days before any filing deadline, trial or dispositive hearing, unless the Fiduciary shows to the Court’s satisfaction that exceptional circumstances exist.

CRITICAL

A judgment entry in a case requiring a magistrate's report may not be delivered to the court for approval until 14 days after the report is filed.

A judgment entry in any case in which a report is required under the Civil Rules shall not be delivered to the court for approval until 14 days have elapsed from the filing of-the.Magistrate's Report

CRITICAL

Deadline

10 court days

Required adoption documentation, including the home study and necessary proofs of service, must be filed at least 10 Court Days before the hearing.

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

Deadline

10 court days

The plaintiff must file a detailed status report at least 10 court days before the status conference, covering the property, insurance, sale efforts, mortgage and tax payments, and listing agent.

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

Deadline

10 calendar days

The objecting party may supplement its objections with transcript information or citations within 10 calendar days after the transcript is filed.

The objecting party will have 10 Calendar Days after the date of filing the transcript in which to supplement its objections with additional information in or citations to the transcript.

CRITICAL

If the Clerk's Office is closed all day on the last day or closes early that day, the act may be performed on the next non-weekend, non-holiday day.

When the Clerk's Office of the Supreme Court is closed to the public for the entire day that constitutes the last day for doing an act, or is closed before the usual closing time on that day, then that act may be performed on the next day that is not a Saturday, Sunday, or legal holiday.

CRITICAL

Deadline

30 calendar days

A guardian must file a final account within 30 calendar days after the ward’s death or other termination of the guardianship, unless the Court requires otherwise.

Every guardian of the estate must file a final account within 30 Calendar Days after death of ward or other termination of guardianship, unless the Court requires otherwise.

CRITICAL

A guardian of the estate must file the first account by the first anniversary of appointment and file an account every year thereafter.

Every guardian of the estate must file an account on or before the first anniversary of the date of appointment. After filing the first account, the guardian must file an account every year.

CRITICAL

Discovery must be completed by the date set in the order, with discovery objections, motions, and replies filed or noticed early enough for a response under the Rules of Civil Procedure.

DISCOVERY:AH discoveryrequestS sha41 b e ~ ~ byth~ date set forth above. 'Completed'" means that all discove1y. objeo- tions, motions to compei and other motions anq replies reiaUng todiscovefy In this action must be filed and/or noticed in time for thepartyrEtjecting or respondingt.ohaveopportunilyunderRufes of Civil Procedure to make response.

CRITICAL

Proposed jury instructions must be filed by the date set in the order.

PROPOSED JURY INSTRUCTIONS: Proposed ju.ry lnstl'uct[ons shall be filed on or before ttie datesetforfh with contemporane- ous copy to opposi~ counsel.

CRITICAL

Deadline

10 working days

The assigned investigation report must be submitted in writing within 10 working days, or the completed portion must be filed with an explanation for the incomplete report.

Upon the assignment of a post-adjudicational and pre- dispositional investigation by the Court, the appropriate personnel shall submit such report in writing within ten (10) working days of such assignment or file so much of said report as has been completed with an explanation or reason for the incomplete report.