Licking County Court of Common Pleas, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance generally requires proof of reasonable notice to or consent by the adverse party or counsel; failure to object within a reasonable time after notice is deemed consent.
- A trial date may not be changed and a trial may not be continued without a court order and a showing of good cause.
- Counsel may agree to extend the time to move or plead by no more than 28 days total; the written consent must be signed by all counsel of record and filed with the Clerk, but does not require Court approval.
- +17 more
Request must include
Document Format Requirements17 rules
Civil ucHons .shall· bo:ir the Probate Cnsc.numbcr of the. proceeding to which they are incident followed by a lcucr or the alpllabct, beginning witlt the letter •A•, con.sccuii:vely as each is filed under the same ease number.
All pleadings and forms to be filed in the Probate Court shall be on 8-1/2 • x 11 • piq,er.
- Paper size
- Letter
The Coµn will no; accept fot :filing any certificate ofUlillsfer th;u has .attached to it a separate description refomd t\l as lild)ii!Jt A. All !lescriptions musl ~in.on page one Md completely µtjlize page one before being continued on subsequent pages.
All plea<Iings and.other doculllents file<) in the Juvenile Divisi1,n of this Coun shall be on 8 l /2" x JI· paper.
- Paper size
- Letter
( A) All filings, except wills, shall be on ei&ht and one,hllif by eleven inch paper, witho)lt backings, of ~tock that can be micro filmed.
- File type
- Paper
- Paper size
- Letter
- Filing
(El All pleadings l!l"c to be typed or printed and correctly captioned,
The compuu,tion shall be on a form as set fQrth in conformity with a local rule adopted ood filed in accorWlllCC with C.P. Sµp. R. 44.
A Certificate of Transfer may not attach a separate description as an exhibit, and its description must begin on page one and use all of page one before continuing.
Court's wording
the fororrnation set fortb above. Tile Coun will not accept for filing any cenifieate of transfer tllat bas atlaChed .to it a separate description referred to as an "Exhibit". All descriptions mµst begin on page one and completely utilize page one before being continued on subsequent pages.
The form of the subpoenas shall be in accordance with the provision of Civ. R. 45(A).
- Subpoena
Formatting
- •The form of subpoenas must be in accordance with Civ. R. 45(A).
Fax transmissions must use the Court-prescribed cover-page format and may pertain to only one case.
Court's wording
(2) The attorney sending the document must provide all required identification on the cover page of the transmission in a format prescribed by the Court. Transmissions without such information will not be accepted for filing. A transmitted document must pertain to only one case.
No pleading or motion subsequent to filing shall be amended by interlineation or obliteration except by leave of the Court, as shown by a Journal Entry.
Except in cases of emergency or by order of the Court on its own motion, a motion for a continuance of a cause after it has been set for trial must be in writing which shall set forth the reason for a continuance.
All pleadings and other documents filed in the Juvenile Division of this Court shall be on 8-!" x 11" paper.
- Paper size
- Letter
Papers with partially or wholly illegible signatures may be refused or stricken unless the signer’s typewritten or printed name appears below the signature.
Court's wording
Papers containing panially or wholly illegible s\gnatures of counsel, parties or officers administering oaths may .Ile refused for tiling, or., lf filed, stricken ff01t1.ille.ul!:$, unless lhe typc,vritten or printed name of the person whose signature it purports to be I.IPPe~ belQw it.
We hope to begin microfilming in 1985 and that is the reason for the 8 l/2 x 11 paper in both divisions.
- Paper size
- Letter
The. Couit will accept the uniform Ceitificate of Trl!l!Sftt tonn as well as ihe shon and long fortn used specifically in Licking County.
The Court will accept the w:iifonn Cenificate of Tr~fer from .as well as the shon and long form used specifically in Licking County.
Document Filing Requirements184 rules
Submission or 11 pl.itfer upon briefs withol!t oral hearing shall. be permitted only upon written siipulation of counsel.
Any person milking ~ppl!cation for appointment as a fiduciary shall file with the Court a Fiduciary Acceptance on a form furnished by the Court.
An erttties ®bmiued 10 the C®rt for filing, i11c!udlni1 those standard entries on the uniform probate fonns; shall carry a. caption containing the name of the decedent, ward, etc. ns well as the case number, .docket and page mimber;
Must include
- •Caption
- •Case number
The application for tile appoinnnent of a ticlucia,;y shall contain tile name, address and telephone number of the auorney, if any, representint the fiducia,;y.
When the application is filed, it shall be accompanied by the notice form completed except for the date of hearing. The hearini date will be set and noted on the notice form when filed and the oriltinal thereof returned to applicant or attorney so that the necessa,;y copies can be made to accompany the notice. se;ice
ff such. attorney shall resign, lhe attorney and the fiduciary shall notify the Court, and the fiducia,:y shall submit the same infonnation for tile sµccessor att0rney. Such infonnaiion shall be in writing,
In all cases of estates entitled to be relieved from administration, where there is a will, such will shall be presented for probate.
The schedule of claims must identify each claimant and claim, its payment class and security, maturity if not yet due, and whether and when it was allowed or rejected.
Court's wording
Such schedule shall stale the name and address of the claimant as ii appears on his claim, thc.:imount claimed, the date of presentation of the claim, the class .into which it falls for payment, the security Jl.eld therefor. the date of maturity, if not yet due, whether allowed or rejected by Che executor.or administrator, and ihc <lntc of such allowance or rejection.
Where administration of the estate has cornmen9ed, eµµies relieving the estate from administration shall contain the words ·and the fiduciary and bondsman, if any, are hereby discharged,•
If scheduled claims exceed estate assets, the fiduciary must report the insolvency and its supporting facts in writing and set the insolvency determination and related application for hearing.
Court's wording
When the claims set fonh in the schedule of claims are in excess of the .i.mount of assc1s in the cs1n1c. tile li<ludary shall rcpon in writing to the Court that the estate is insc,lvcnt, setting Jonh .ibc facts relating to such insolvency, and shall set for hearing both tbe dctcnnination of insolvency and his application for an order' in connection therewith.
When the stated statutory exemption applies, the attorney of record must file a written opinion by the date the first account normally would be due, explaining that the estate qualifies for the exemption.
Court's wording
In order to avoid having an estate being reponed ~ delinql)erit pimuant to Sup. R. 5, for failing to file a panial account, when it is unne<:e$$.uy 10 do so because the estate is within the purview of Section 2109.30(B), Revised Code, (fiduciary is sole heir or legate.:, . or waivers of all heirs and legatees), the attotney of record shall file.no.t.laterthan tl:le <4te the first aCCQUl:lt woµl(I nprmalJy be flled his written opinion that the estate is within the exemptions of this Section by virroe of the· qualitiJ;ations of tbe fidµci.uy and/or required waives on file.
Proposed adoptive parents must file the court-prescribed pre-placement application at least 30 days before placement if Ohio residents, or at least 60 days before placement if nonresidents.
Court's wording
In addition, a pre-placement application in a fonn prescribed by the Co.urt shall ·be filed by the proposed adopiing parents not Jess than 30 days prior to the placement if the proposed adopting parents are residents of the State ofOhio, or not less than 60 days prior to placement if they are non,resid.enis of Ohio.
The foster~ worker (deputy cfork) shall refuse to ai;cept for tili:i!g any petition .that ·is riot 11.ccompanied t,y lire supporting. papers necess.iy to co.111plen:.'ihe adoption,
For a multi-page uniform Certificate of Transfer, accompanying pages must include the specified caption and page designation, and the description must end with a line for the date and Judge’s signature; a certificate lacking this information will not be accepted for filing.
- Document
- Certificate of transfer
Must include
- •Caption
- •Case number
Court's wording
If the uniform Cenificate .of Transfer fonn is used and more ·ihan one page is need.et! to complete the description, thi: .iccompanying pages shail contain a caption canying the name of the deceased, .the case number oft.he esfate, :as well as a designation of pages.indicating the nu.mber ofpages in . the cenificate of transfer. At the conclusion ofthe description, ihere shall appeara line fonhe. date and the Judge's signature. The deputy clerk shall pot ~c~pt for filinii:any ceitificate of transfer that does not contain the ·information set forth above.
A surety company seeking authority to write bonds in the Court must file an application and submit proof of its recognition by the United States Treasury Department.
Court's wording
Hcrcnftcr a surc1y compl!Jly hcretofore-aJ1tborized to do business in th.is state, desj;ing to qllalify to write bonds in this Coun, shall file an application for aurnor:ity to do so, and shall submit proof of recognition by the United States Tr.easury Department as provided for in Section 2109.17, Revised Code, with an appropriate entry.
The petition shall illclude, in addition to all other matters required l:>y Iaw, all~gation of fli.t:ts suqQun~ sl!Ch pl~~•. ~clµding but not limited to frien.ds; relatives, <loctbrs, ·attorneys, ete.
If the Court requires notice of a compensation hearing, the notice must state the amount of compensation requested.
Court's wording
The Coun may require m pro_per eases that any apphc:auon fon;ompensauon be set for heanng and wnuen notice thcrc'Of be given to all interested parties in the manner directed by the Court, inwhicll event said notice s~all et>ntain a statcmcm of the amount of compensation applied for.
1. The agreementrcached shall be reduced to writing and shall be filed with the court when thc,application for the appointment of the administrator or executor is filed.
If a compensation application is set for hearing, the written notice must state the amount of compensation requested.
Court's wording
The Coun may require in proper cases Iha! any appl !cation for compensation be .set for hearing and written notice tiiMeofhe given to all interested patties in the m,illner directed by the Court, in which event said notice ihail contain a statement of the amount of compensation applied for.
In other probate matters, a written attorney-fee agreement must be filed with the initial papers opening the matter; it need not contain the specified language required for estates.
Court's wording
B. In all other probate matters, the .attorney fees .shall be· based on :in hourly charge for the actual servi~cs performed by the attorner and the reasonable value thereof. A written agreement 3S to fees must be filed with ihc initial papers opening a guardianship, trust, etc.; but the agreement need not contain the specific lang\lagc :is provided in Section (A) 2 of this Rule.
o. Ptiono ;i fiduciary entering into a contingentfee contract with an attorney for services, an applicacihn for authority to enter into the coi11rac1 shall be filed an approved by the Court.
The administrator’s or executor’s fee agreement must include the specified language in bold print.
Court's wording
2. The ngreemcm m\JSt col)tain the following li!llguage in bold print; "THE RULES OF TUE LICKING COUNTY PROBA'rE COURT 00 NOT CONTAIN A MANDATO~\' s.·.t1n:.ou·:·1.,ts. (.)I..'. FE.·ES AN.··.Arro.R. NE.y·. MU.ST.C.HA..R·G. EFOR REPRESENTING AN ADMINISTRA TPR OR l~Xf~CUTOR, IF' TUE ADMINISTRATOR QR EX.ECUTOR AGREES TO PAY A FEE BASED Oril A rJ{RctcNTAGtt OtTnit ASSE'rSOF 11,11: EStl\TE, rr rs DONE WITH A FULL EXPLANATION pv THE NITORNEV TUAT,\'ITORNEY FEES CAN ALSO BE ll~ED ON AN HOURLY CHARGE FpR ACTUALSERVUJESPERFORMEJ)BYTHEATl'ORNEYANOTliji;REASONABLEVALUE.TIIEREOf."
An attorney-fee payment application must be written, detail the fee computation, and include the required written approvals; the court may consider it without a hearing when approvals are complete or schedule a hearing otherwise.
Court's wording
C. No ;ttorney fee in11ny Probate matter sh.aU be paid by the fiduciary without first obtaining the writien approval of the court,. The application for payment shall be in Writing and shall set fort~ in detnil the c9mputar[on of tijeJees. The applicationshall contain the written approval oflhe fiduciary and all interested panics who ~c ... pet.C.l)t. ac!ults., lfihe llj>pl.ica1i·9·n CQntains. al. I tile. nei;i:ssary appr.o.vals··.· ih.··e Court wiU consider the request 1vi1hput .com a hcari.ng. l{:Qwever, if.the ~sary appt9vals are not ·given or some of ihe interested parties are minors or ?J'C othcnvise im:ompeteJJI, the C<>llrt may schedule a bearing prior 10 giving . approvaL
A fiduciary-fee payment application must be written, detail the fee computation, and contain the written approvals of the fiduciary and interested competent adults; the Court may schedule a hearing if approvals are missing or an interested party is incompetent or a minor.
Court's wording
No fiduciary in any probate matter shall pay a fiduciary fee without first obtaixting the written,appr9val of the Court. The application foqiayment shall be in writiAg .and shall set forth in detail ~ computation i:,f the fees. The application shall contain the written approval of the fidu~iazy and all uiterested .parties who ate competent adults. If the application contains all the necessary approvals, the Court will consider the request without a hearing. However, if the necessary approvals are not given or some of the interested parties are minors or are otherwise incompetent, the Court may schedule the matter for hearing prior to giving approval.
A wntten agreement as to fees must be filed with the initial papers opening a. $tlardll\mhip, ti'llst, etc,; but the ~reement nee!l not contain the specific language llS provided in Section B(2) of ihis Rufe,
1.. ·n1c agrciirncnt rca¢hcd shall be tcduccd t<J writing and shall.be !ilcd with thecollrt when the applicntion fqr the appointment of the administrator .or. Citccutor is filed.
The compensation agreement must include the specified language in bold print.
Court's wording
2. The.agreement inust contain il:le following language in bold prinl: "TIIE. RULES OF nm LICKING COUNTY PROBATED COURT DO NOT CONTA!N A MANDATOR\' SCHEPULI!: OF FEES AN ATTORNEYMlTST CHARGE FOR REPRESENTING AN ADMINISTRATOR OR EXECUTOR. IF THE APMINISTRATOR OR EXECOTOR AGREES TO PAY A FEE BASED ON A ~RCENTAG):: (lf tffE .ASSE'.fS OF Tim ESTA'J.'E,. IT IS DONE WITH A FULL EXPLANATION BY TfiE ATrORNEY TIJAT ATI'ORNJ::)' FJtES CAN At;SO .BE BASED ON AN ll,01$.LY C!iARGE FOR ACTUAl,SERVICES PJ,RFORMED BY11IEATIORNEY ANDTHEREASONABLEVALUE THER£0F."
No attomey fee in .my probate matter shall be paid by the fiduciary without first obtaining the written approval ofthe Court. The application for payment shall be in writing and shall set forth in detail the computation of 1he fees. The application shall contain !be writt.en approval of the fiduciary and alt intereste!l parties who are competent adults.
Prior to a fiducia,y entering into a contingent fee contract wilh an attorney for services, an application for authority to enter into the contract shllll be filed and approved by the Court.
No fiduciary in any probate matter $hall .pay a fiduciary fee wilhout first olltaining lhe written approval of the Court. The application for payment shall be in writing anti shall set forth in detail the compination of the fees. The application shall contain the written approval of the fiduciary and all interested parties wl)o are competent adults.
there arc several supplemental forms I nave prepared that need to be filed.
Papers with partially or wholly illegible signatures may be refused or stricken unless the signer's typewritten or printed name is clearly indicated.
Court's wording
(D) Pnpers containing partially or wholly illegi!>le ·signatures of.c.ounsel parties 9r .officers admlniStering oaths may be rcfµsed for filiui; .• or, if filed, may ·he stricken. from the tiles •.unless the typewritten or printed .name of 1hc person whose signature is purported to appe;u- is clel!l"IY indkaccd thereon.
Filed papers must provide the name, address, and telephone number of counsel representing the fiduciary or, if there is no counsel, the fiduciary; noncompliant papers may be refused.
Court's wording
(B) A.II p~pers filed shall contain the ;ia,ne, ad.dress ·and telephone number ·of th<: individual coµnsel representing the fidu,iill)' and, in lhe absenceofcou!)Sel, the name, address and telephone number of tile fiduciiary. Any paper not contaiuing the above requirements may be refuse<! for filing by the Court.
(El All pleadings l!l"c to be typed or printed and correctly captioned,
- Document
- Pleading
Include
- •Caption
(A) Motions for continuance shall be submitted in writing with Ille proper caption an(! c.ase number.,
- Document
- Motion for continuance
Must include
- •Caption
(CJ A judgment entry shall be med with a.motion for continuance. leaving the time and dale blank for the Court to set a new date.
The applicant or the applicant’s attorney must prepare the probate notices and file the completed notice forms with the application, leaving the hearing date blank for the Court to set and enter.
Court's wording
(0) f\ll nQtices to those persons entitled to notice of1111 application to probate a will shall be prepare:d by 1be b.pplieant or the 111tomw for the ai,plicall!, \lVhen the. apptiCll\ion is filed, it shall be accompanied by the $tice fQrm CQmj:>leted except for the date ofhearing, T!!e nearing date. will i,e set and noted on the notice forms by the Court..
If a will creates a charitable trust, the probate application must concisely identify the will item creating it, the designated trustee or trustees, and the trust’s general nature.
Court's wording
(C) If a Will creates. a charitable trust. Which s1.1\>Sequently may be requJred to be l'!'!listered with the Attorney General ofOhio under R..C;l 09 .26, there .shall be i!Jcluded in the application to probate the w.ill a coiicise statem~.t seuiz,g forth. the item z,uinber ·Of !he will which ~ the trust, th.e nmne of the truStee or trustees designated th,erein, and the general nat1.1re ofthe tn\St, · · · ·
A.I! written notices must cqntain the time and piacc of the .!tearing
Any person making app!icat.ion for appointment as a fiduciary shall tile with the Court a fiduciary acceptance on a form furnished by the Court.
(B) A request for. ex~on of Witnesses iji~ be in writing .and tiled at least. rwo days prior tci the hearing date.
Applications for extensio.n shall set forth the time needed and the ;iccompanyingjudgement entry shall have a blank space for the Coun to insert tbe number of days granted.
(Bl Whenever the Coun req)lires a bearing on claims or the fiducia,:y requests a hearing on claims pursuant to R.C. 2ll 7 .17. the fiduciaiy shall file a schedule of all claims against the estate with the Court. the scbedule of claims shall be filed with the fiduciary's application for hearing or within ten days after the Coun notifies the fiduciary of a Court-initiated hearing.
(A) ln .lllY estate where a claim has been filed with the Court pursuant to R. C. 2117 ,06. the fiduciary shall file with the Coun a COJ)y of any rejectiop of claim.
If land has been sold by the fiduci:uy during the accounting .period. the account shall show the gross amount of the .proceeds Of sal.c and the distribution thereof, with the escrow statement or receipts -0f the land sale cxI>~riditurcs attached thereto.
Receipts for distributive shiu:es .signed by !)l!!SQI\S holdi11g power of 11ttorney is recorded in the State is of Ohio an.d a photostatic copy ,of the recorded power attached to the accoum,
(l) A recapitulation of cash receipts, disbu.rsements and bank deposits, representing cash on hand at the end of the accounting peridd.
Gllll,fdi;m Accounts fot more iha!I one mi,wr shall show Cll~h ward's proponionate share ofthc credits an<ldebits and shall separately su11e ea,chward'.s prc;>p.eny at the end of the ai:counting period.
(:,) A stntc\lltmt identifying ii,11 real estate oWJ;led by the ward or ~ csiatc to which the fiduci:liy holds legal title for, or dn behalf of,. the ward or be11eficial')'..
The application shall set forth .the tiU\e needed.and the.ru:CQ1Upanyi.ugJudgement.C'11fY shall liave a bl~ sp~ for the Coun to ins.en lh.e number .o.f adclitiomil days ,gtallted.
A judgment entry and order of sale must adequately describe the property and state that the sale was at the best obtainable market price or a price fixed by the Court.
Court's wording
In additioJJ to the requiremcmts of the Ohio Revised Code, a judgement entry and order of sale shall include and adequate description of the propeny to· be sol.d and shall provide that .the sale has been at the best price obtainable in lhe l:\lfmlt market or at a price filced by tile Court..
(4) A statement of compensation paid to the fiduciacy and his counsel.
Each fid11ciary's account shall be .supponed by vouchers, as required by R.C. 2109. 30. The vouchers shall be referenced to the account number, letter or date.
Filing & Service rules
Electronic Filing Rules
Designated pleadings and other papers may be filed by fax, but an original complaint instituting an action may not be filed that way.
(A) Designated pleadings and other papers may be filed with the Court by facsimile transmission (740-349-6945 fax number) subject to the following provisions: (3) The original complaint instituting any legal action will not be accepted by facsimile transmission. All other pleadings will be accepted for filing by facsimile transmission.
Civil cases
Page 28 | Rule 39. FACSIMILE UTILIZATION RULE
Applicants must first complete the electronic CQE petition available through the DRC.
In order to request a CQE, all applicants must first complete the electronic Petition available online through the DRC.
Civil cases
Page 32 | CERTIFICATE OF QUALIFICATIONS FOR EMPLOYMENT
Filing Timing and Cure Windows
When required by statute or the Court, an executor or administrator must return a schedule of claims after three and no later than five months after appointment.
When required by statute or by the Court, every exec111or or administrator, after chree and not later t~an five months following the date of his appointment. shall make and return to the Coun a schedule of all claims against the estate he represents which have then been presented to him and any other valid d.ebts of the estate; of which he has knowledge.
Page 3 | Rule 3.3 — Schedule of Claims
An executor's or administrator's inventory must be set for hearing no later than one month after filing, unless good cause is shown to continue the hearing.
Inventories of executors and administrators shalt be set. for hearing not later than one (I) month after ihc liling thereof. unless for gOO<l ca~e shown, the nearing is continued umil a later date.
Page 3 | Rule 3.5 — Hearing on Inventories
The attorney's written opinion must be filed by the date the first account normally would be filed.
In order to avoid having an estate being reponed ~ delinql)erit pimuant to Sup. R. 5, for failing to file a panial account, when it is unne<:e$$.uy 10 do so because the estate is within the purview of Section 2109.30(B), Revised Code, (fiduciary is sole heir or legate.:, . or waivers of all heirs and legatees), the attotney of record shall file.no.t.laterthan tl:le <4te the first aCCQUl:lt woµl(I nprmalJy be flled his written opinion that the estate is within the exemptions of this Section by virroe of the· qualitiJ;ations of tbe fidµci.uy and/or required waives on file.
Page 4 | Rule 3.6 — Affidavit When Partial Accounting Unnecessary
The pre-placement application is due at least 30 days before placement for Ohio residents and at least 60 days before placement for nonresidents.
In addition, a pre-placement application in a fonn prescribed by the Co.urt shall ·be filed by the proposed adopiing parents not Jess than 30 days prior to the placement if the proposed adopting parents are residents of the State ofOhio, or not less than 60 days prior to placement if they are non,resid.enis of Ohio.
Page 4 | Rule 6.1 — Adoption
Unless the Court directs otherwise, counsel for the party who obtains a verdict or opinion must prepare the judgment entry and submit the original to the Court within seven days.
(1') Unkss the Court oihcrwi.se directs, counsel for the pany in whose favor a verdict or opinion is rendered shall. within seven days thereafter, prcplll'C t!ic proper judgement entry lllld subm.it the original to the Cour:i with a copy to counsel for the. opposing party.
Page 18 | Rule 24(F) — Filings and Judgment Entries
A request for examination of witnesses must be filed at least two days before the hearing.
(B) A request for. ex~on of Witnesses iji~ be in writing .and tiled at least. rwo days prior tci the hearing date.
Page 19 | Application to Probate a Will
An inventory must be filed within thirty days after appointment of the fiduciary; late filings may result in citations unless an extension has been granted.
(B) The stattllory time for filing ofan i11vel)tory (thirty days from date of appointtnent offiduciary) .shall be adhered to and citations may be issued when tilings arc late unless application for an cxtcnsion of time for filing has been grru11ed.
Page 20 | Rule 29 — Inventory
For a Court-initiated claims hearing, the schedule of claims must be filed within ten days after the Court notifies the fiduciary.
(Bl Whenever the Coun req)lires a bearing on claims or the fiducia,:y requests a hearing on claims pursuant to R.C. 2ll 7 .17. the fiduciaiy shall file a schedule of all claims against the estate with the Court. the scbedule of claims shall be filed with the fiduciary's application for hearing or within ten days after the Coun notifies the fiduciary of a Court-initiated hearing.
Page 20 | Rule 30 — Claims Filed with the Court
Except for good cause, an order of sale must not be granted before approval of the inventory or the inventory and appraisal.
Except for good cause shown, an or<:ler ohale shall not be granted. prior to tbe 1jpproval of the inventC>ry or i.uventocy and llPPiaisement.
Page 21 | Application to Sell Personalty
The statutory time for filing an account must be followed.
The siatutocy •tune fe>r tile filing of an 3';l:OUnt ~!be adhered to
Page 21 | RULE 7 — Accounts
The attorney of record must file the written opinion by the date the first account would normally be filed.
the auorney of record s!iall file not later than the date the first account wo11ld nollllally be filed
Page 22 | COUNTY LOCAL RULE 32.1
Within seven days of approval of the entry, the attorney must deposit the funds and provide the financial institution with a copy of the entry.
The attorney shall fut!h.er be. responsilile for depositing the funds and for pr!>''idiog the fmam;ia,1 insritlltill!l wiih a .copy of the entry, both within sev.eo days of the. entry's approval.
Page 23 | RULE 35
The $200 guardianship deposit is due within 30 days after appointment of the guardian of the estate.
Within 30 days of the appointment of a guardian of the estate, there shall be deposited with the Coun. for each ward, a check in the amount of $200.00 drawn or reimbµrsable from the guardianship funds, made payable 10:
Page 23 | COUNTY LOCAL RULE 34.2
The required entry must be presented when the entry dispensing with appointment of a guardian or approving the settlement is presented for approval.
Tile etn1y shall be presented at the time .of the entry dispensing with appointment of a guardian or apprqving se{dement is approved..
Page 23 | RULE 35
The trustee-compensation schedule must be filed at the time the fee is paid.
A separate schedule of the computation of a t.ntstee's tompensatioll, CO!lf(lrming to the foi:m in confonnity with ii; l~ 1:11le adopt¢<! ,llld Jil¢d i.n. accordance Widi C. P. S1q>. ·R. 44,. shall be filed with the Coun at. tile time of payment of the Ji:¢.
Page 27 | Rule 43(C)
Proposed adoptive parents who are not Ohio residents must file the preplacement application at least 60 days before placement.
a. p,e,placement application in .a fonn prescribed by the Court shall be !lied .by the proposed parents not less thilll 30 days prior to the. placement if the proposed adopting parents are residents of the Stale of Ohio, or not less .than 60 days pi;ior to placement if [hey are nonresidents of the State of Ohio.
Page 27 | County Local Rule 44.1 — Adoption
Ohio-resident proposed adoptive parents must file the preplacement application at least 30 days before placement.
a. p,e,placement application in .a fonn prescribed by the Court shall be !lied .by the proposed parents not less thilll 30 days prior to the. placement if the proposed adopting parents are residents of the Stale of Ohio
Page 27 | County Local Rule 44.1 — Adoption
A request for the consent-and-placement hearing must be made at least three working days in advance of the required hearing time.
Requei!t for.such hearing shall be made at least three working days in advance of th.e time require4 for h~g.
Page 28 | County Local Rule 44.1 — Adoption
The adoption petition must be filed before the Court issues a hospital release for the child.
If tile pl,acepJeot. is approved, a petition for adoption lll!.l$! be filed before the Court will issue a release to the hospital for the·c.!lild.
Page 28 | County Local Rule 44.1 — Adoption
The statutory time for filing an account must be followed.
The statutory t1me for flling of account (R.C. 2109.30) shall be adhered to.
Page 35 | III. DECEDENT'S ESTATE
The opposing party must move or plead by the fourteenth day after the pleading or amended pleading is filed, unless the Court orders otherwise.
The opposite party shall move or plead to the pleading or amended pleading so filed on or before the fourteenth (14th) day after such pleading or amended pleading is filed, unless otherwise ordered by the Court.
Civil cases
Page 3 | RULE 2. TIME FOR FILING PLEADINGS
A summary judgment motion hearing must be scheduled no earlier than fourteen days after service of the motion.
All motions for summary judgment, in accordance with Rule 56(C) of the Ohio Rules of Civil Procedure, shall be scheduled for oral or non-oral hearing not earlier than fourteen (14) days after the date of the service of the motion.
Civil cases
Page 4 | RULE 5. MOTION DOCKET
A motion hearing may not be set earlier than seven days after service unless the Court’s order explicitly sets a shorter period.
In accordance with Rule 6(D) of the Ohio Rules of Civil Procedure, the oral or non-oral hearing may be set no earlier than seven (7) days after the date of service of the motion, unless the Court in an order explicitly affixes a shorter time period.
Civil cases
Page 4 | RULE 5. MOTION DOCKET
Motions must be submitted to the Court for docketing when they are filed with the Clerk of Courts.
All motions shall be submitted to the Court for docketing at the time they are filed with the Clerk of Courts.
Civil cases
Page 4 | RULE 5. MOTION DOCKET
A party in default may file a pleading instanter without leave before the two-days-before-trial cutoff if written consent from opposing counsel is attached.
A party in default for a pleading may file a pleading instanter without leave of Court prior to two (2) days before the date set for trial, with the written consent of opposing counsel attached to such pleading
Civil cases
Page 4 | RULE 3. PLEADING OUT OF RULE
The Court’s pretrial-conference notice sets the filing and service time for the pretrial statement, but it may not be filed or served later than the conference date.
The time for filing and service of the pretrial statement shall be fixed in the Court’s notice of the pretrial conference. In no event shall the pretrial statement be filed and served later than the date of the pretrial conference.
Civil cases
Page 6 | Rule 6. PRETRIAL
A party requesting a shorthand reporter must notify the reporter at least three days before the hearing or trial.
It shall be the responsibility of any party requesting the services of a shorthand reporter to notify said shorthand reporter of the request at least three (3) days in advance of the hearing or trial of any case.
Civil cases
Page 7 | Shorthand Reporters
Where a continuance of a cause is requested on the ground that at attorney interested in the case is already engaged on the date set for trial in another Court of record or a governmental bureau, proof of such prior assignment shall be attached to the motion for continuance which shall be filed forthwith following notification of the assignment of the case in this Court.
Where a continuance of a cause is requested on the ground that at attorney interested in the case is already engaged on the date set for trial in another Court of record or a governmental bureau, proof of such prior assignment shall be attached to the motion for continuance which shall be filed forthwith following notification of the assignment of the case in this Court.
Civil cases
Page 7 | Continuance of a Cause
Except where the Court prepares the entry, prevailing counsel must prepare the proper entry within five days after the order, decree, or judgment.
counsel for the party in whose favor an order, decree, or judgment is rendered shall within five (5) days thereafter prepare the proper entry
Civil cases
Page 8 | Preparation of Entries
The adverse party or counsel must approve or reject the submitted entry within five days after receiving it.
who shall approve or reject the same within five (5) days after the receipt thereof.
Civil cases
Page 8 | Preparation of Entries
The matters listed in Rule 17 must be completed before trial at the time specified in the trial or pretrial order.
In all civil actions that are tried to the Court or to a jury, the following matters shall be accomplished prior to trial, at a time which shall be specifically designated in the Court’s trial OR PRETRIAL order:
Civil cases
Page 9 | Rule 17. TRIALS
The praecipe and copies of the publication must be filed before the sale.
A praecipe and copies of publication shall be filed with the Clerk for processing prior to sale.
Civil cases
Page 16 | Rule 30. NEWSPAPER PUBLICATIONS, Section 1. Publications for Order of Sale
In an administrative appeal, the appellee’s answer brief is due 30 days after service of the appellant’s brief.
ii. Appellee’s answer brief due 30 days after service of appellant’s brief;
Civil cases
Page 17 | Clerical Step I
In an administrative appeal, the appellant’s assignment-of-errors brief is due 40 days after the notice of appeal is filed.
i. Appellant’s assignment of errors brief due 40 days after the filing of the notice of appeal;
Civil cases
Page 17 | Clerical Step I
If summons service is incomplete, notice is served on plaintiff’s attorney; the action is dismissed 21 days later if no effort has been made to obtain service, while completed service moves the case to Clerical Step II.
(4) If service of summons is incomplete: (a) Notice shall be served on plaintiff’s attorney directing that, unless service is obtained, the case will be dismissed; and (b) 21 days after this notice is served, the action shall be dismissed if no effort has been made to obtain service; or (c) If service has been completed, then the case shall continue to Clerical Step II.
Civil cases
Page 17 | Clerical Step I
In an administrative appeal, the appellant may file a reply brief 14 days after service of the appellee’s answer brief, but no later than 3 days before argument.
iii. Appellant may file a reply brief due 14 days after service of appellee’s answer brief, but no later than 3 days before argument;
Civil cases
Page 17 | Clerical Step I
If no answer has been filed, plaintiff’s counsel is notified to pursue default judgment or dismiss the action; if neither occurs after 21 days, a dismissal entry is submitted to the Judge.
(2) If no answer has been filed, then the clerical person shall sent counsel for plaintiff notice to either proceed with a default judgment or dismiss the action. If neither action has been taken after 21 days, then an entry dismissing the action shall be submitted to the assigned Judge for approval and filing.
Civil cases
Page 18 | Clerical Step II
If no defendant has been served, plaintiff’s counsel must receive notice to obtain service, and the case is dismissed 21 days after notice if counsel has failed to obtain service or made no effort to do so.
(6) If no Defendant has been served: (a) Counsel for the plaintiff shall be served notice directing that, unless service is obtained, the case will be dismissed. (b) The case shall be dismissed 21 days after counsel for plaintiff has been served notice to obtain service if counsel for plaintiff has either failed to obtain service or has made no effort to obtain service.
Civil cases
Page 18 | Clerical Step I
Service and Proof of Service Rules
The Court must give reasonable notice of adversary hearings to counsel of record and parties who are not represented by counsel.
The Court sh!i.11 give teas<mable nodce of heanngs, adversruy in nature, to all counsel of recotd and ro panies nor represented .by counsel.
Page 1 | RULE 1.1 — Hearing Assignments in Adversary Proceedings
The applicant or the applicant’s attorney must handle notices to persons entitled to notice of an application.
All notices to those persons entitled to notice of an application shall be handlecl l>Y the applicant or the attorney for 1he applicant.
Page 2 | RULE 3.1 — Notice of Application
Notice of an inventory hearing must be published at least once in a county newspaper of general circulation, with the final publication at least ten days before the hearing.
In accordance w.ith Section 2I 15.16 of 1he Revised Code, notice of the hearing on.such inventories shall be given by publication at least oqcc in a newspaper of general circulation in the county, the last publication to be at least ien (IQ) days before the day set for hearing.
Page 3 | Rule 3.5 — Hearing on Inventories
The notice and proof of service must comply with Ohio Civil Rule 73(E) and (F).
of such notice and proof of such service shall be in accordance with Rule 73(E) and (F) of!be Ohio Rules of Civil Procedure.
Page 3 | Rule 3.1
Notice of a guardian-appointment hearing must be personally served on the alleged incompetent person or minor over 14 by a Deputy Clerk or the Sheriff, unless the Court orders otherwise.
When application for the appalimrierit of a guardian for an incoin!)Ctent person or minor over the age of 14 is· ftled, the gotice of hearing on the ,ilpplicadon s)lall be servectpersonaUy upon the alleged. incompetent person or minor by a Deputy .Clerk o(this Court, or by the Sheriff, unless otherwise ordered by the Court.
Page 4 | Rule 4.1 — Service of Notice of Application for Guardian
The referenced notice must be provided at least three working days before the hearing time.
at ieast ihree WO{ljilg days• in advance of the time required for hearing.
Page 5 | Rule 4.1 — Service of Notice of Application for Guardian
The Court may require a compensation application to be set for hearing and written notice to be given to all interested parties as directed; that notice must state the amount of compensation requested.
The Coun may require m pro_per eases that any apphc:auon fon;ompensauon be set for heanng and wnuen notice thcrc'Of be given to all interested parties in the manner directed by the Court, inwhicll event said notice s~all et>ntain a statcmcm of the amount of compensation applied for.
Page 6 | Rule 10.1 — Guardian's Compensation
The judgment entry must be submitted with a copy to counsel for the opposing party.
(1') Unkss the Court oihcrwi.se directs, counsel for the pany in whose favor a verdict or opinion is rendered shall. within seven days thereafter, prcplll'C t!ic proper judgement entry lllld subm.it the original to the Cour:i with a copy to counsel for the. opposing party.
Page 18 | Rule 24(F) — Filings and Judgment Entries
An applicant for letters of administration must serve written notice of the appointment hearing at least seven days before the hearing; waivers may be filed as permitted by the Ohio Rules of Civil Procedure.
(A) Any person who files an Application fot Letters of Administration shrul cause to be served UPO!'l such persons as required by law, Writt¢n noti9c of the lime lllid .pjace q( the heming on the appointment .. Waivers may be filed. as pcm,ittcli 1,.y the Ohio Rules of Qivil Procedure. A.I! written notices must cqntain the time and piacc of b!l the .!tearing and sh;ill $etved upon such perso11s 111· teast seven days prillt to the date set. for the hearing.;
Page 19 | Rule 27 — Application for Letters of Administration
Notice of probate of a will must provide at least seven days’ written notice and comply with R.C. 2107.13.
(A} No1jce of Probate oh Will shall ~uite at least sew:ndays1 Written notice w~ co111plying with i. C. 2107.13.
Page 19 | Application to Probate a Will
Service of the probate notice and proof of service must comply with Civil Rule 73(E) and (F).
Service of $µcb notice and proofof su~ se!'ViceJ!iaU be. ln. a!.cor4ance wi.th CIV, R, 73(E) and (F).
Page 19 | Application to Probate a Will
If there is no known surviving spouse or next of kin, notice must be served on the persons designated by the Court.
{S) .If ihere notnown :~tvhiing"spous~ or next.ofkin, the 11oticc shall be served upon such perjons as arc dcsignru.ed by the Coun.
Page 19 | Rule 27 — Application for Letters of Administration
(A) Notice ofthe filing of inventory shall be given ii) a~rdance with R.,C. 2115J6 and may be published one timi:. as ..a group, in a newspaper of general circulJi~OllJn t)le ~~. ot11dverti~ separately as the Coun elects in each c;isc.
(A) Notice ofthe filing of inventory shall be given ii) a~rdance with R.,C. 2115J6 and may be published one timi:. as ..a group, in a newspaper of general circulJi~OllJn t)le ~~. ot11dverti~ separately as the Coun elects in each c;isc.
Page 20 | Rule 29 — Inventory
The complainant must notify all defendants of the sale’s time and place at least three weeks before the sale using the method provided by Civil Rule 4.1.
th.e ,imc and place thereof.. Toe complainant shall also give notice to all defendan\S of tJ)e ti~ an!l place of the sale at least 1hree weeks prior to the date of the sale in the rnotho(I provided .by Civ. R. 4. l.
Page 22 | RULE 33 — Land Sales
For a guardian's application to approve a personal-injury settlement, any parent of the ward living in the County is entitled to three days' notice of the hearing by certified mail, unless waived in writing.
(A) In an application by· a guar(li!jn for approval -0f a settlement of an action for personal injuries to his ward, irrespective of 31Il-Ount, the parent or p~nts .of such ward. it .any, living in the C-Ouµty. shall be entitled to three days' notiC1:: by certin.ed mail of the hearing Qli such application. The notice may be waived in writing.
Page 24 | RULE 36
If a hearing is scheduled on an attorney-fee application, notice must be given to all parties affected by payment of the fees unless the Court orders otherwise.
Ifa h~in~ ls liclteduled on an ai>Plicatii,n fot the aUowancc of attorney fees, notice shall be given to all parties affected by· the pilyment of fees., lin!ess odl~se ordered by the Court.
Page 25 | RULE 40
Before the hearing, a copy of the notice with the certified-mail return receipt attached and an affidavit of service must be filed.
A copy of the notice, with certified mail return receipt attached, together with an affidavit of the service of such notice, shall be filed prior to the hearing.
Page 26 | RULE 42(C)
When publication is necessary, the Court must place the notice in a newspaper of general circulation in the county.
When publication is necessa,y, the Coun shalt place the notice in a newspaper of general circulation in the county.
Page 27 | County Local Rule 44.1 — Adoption
The applicant or the applicant's attorney must handle notices to persons entitled to notice of an application.
All notices to those persons entitled to notice of an application shall .be handled by the applicant or the attorney for the applicant.
Page 28 | County Local Rule 44.5 — Notice of Application
Service of the notice and proof of service must comply with Rule 13(E) and (F) of the Ohio Rules of Civil Procedure.
Service of such notice and proof of such service shall be in acccmlance with Rule 13(E) and (F) of the Ohio Rules of Civil
Page 28 | County Local Rule 44.5 — Notice of Application
The Court must give counsel of record and unrepresented parties notice of the pretrial conference by mail and/or telephone at least 14 days beforehand.
Notice of the pre·ttial conference sh.all be given to all counsel of record and ulireprescmcd panied, by mail and or telephone by the Coun not less than fourteen ( 14) days prior to the conference.
Page 34 | Rule 47 — Case Management; I. CIVIL ACTIONS
When no law or other rule sets the deadline, a pleading or amended pleading must be served by the fourteenth day after the specified entry, unless the entry provides otherwise.
In all cases where the time for filing of a pleading or amended pleading is not fixed by law or another rule, the pleading or amended pleading shall be served on or before the fourteenth (14th) day after the date of the entry requiring or granting leave for the filing of such pleading or amended pleading or overruling or sustaining a motion, unless otherwise specified in the entry.
Civil cases
Page 3 | RULE 2. TIME FOR FILING PLEADINGS
The moving party must serve the motion and the order or hearing notice stating the hearing date on all opposing parties or their counsel.
The motion and order or notice of hearing containing the oral or non- oral hearing date shall be served upon all opposing parties or their counsel by the moving party.
Civil cases
Page 4 | RULE 5. MOTION DOCKET
Parties in civil cases must serve the pretrial statement on all opposing counsel or parties.
In all civil cases, the parties shall file with the Court and serve upon all opposing counsel or parties a pretrial statement which shall include:
Civil cases
Page 5 | Rule 6. PRETRIAL
The Court must deliver or mail notice of a pretrial hearing to all known interested counsel and unrepresented parties.
The Court shall give notice of a pretrial hearing by delivering or mailing a copy of such notice to all known interested counsel and to all unrepresented parties.
Civil cases
Page 5 | Rule 6. PRETRIAL
Notice of a trial assignment must be mailed or delivered forthwith to all interested counsel.
Notice of the assignment of a case set for trial shall be mailed or delivered forthwith to all interested counsel.
Civil cases
Page 6 | Rule 7. ASSIGNMENT OF CASES
A subpoena may be served by any listed official or attorney, or by a court-designated nonparty who is at least eighteen years old.
It may be served by the sheriff, bailiff, coroner, Clerk of the Court, by an attorney at law, or by any person designated by order of Court who is not a party and is not less than eighteen years of age.
Civil cases
Page 7 | Subpoenas of Witnesses
An attorney who modifies a subpoena must promptly notify all other parties of the modification.
If the issuing attorney modifies the subpoena in any way, the issuing attorney shall give prompt notice of the modification to all other parties.
Civil cases
Page 7 | Subpoenas of Witnesses
Service of process must comply with Civ. R. 45(B).
Service of process shall be made in accordance with the provisions of Civ. R. 45(B).
Civil cases
Page 7 | Subpoenas of Witnesses
A written notice shall be given to the opposite party, his agent or attorney, on all applications for injunctions, appointment of receivers, and actions in mandamus proceedings unless the Court or
A written notice shall be given to the opposite party, his agent or attorney, on all applications for injunctions, appointment of receivers, and actions in mandamus proceedings unless the Court or
Civil cases
Page 8 | Notice on Applications for Injunctions, Receivers, and Mandamus
Each party must provide its exhibit list to opposing counsel as well as submit it to the Court.
In addition, a list of exhibits to be offered by each party shall be submitted to the Court and opposing counsel.
Civil cases
Page 9 | Rule 17. TRIALS
Counsel must mark and exchange all exhibits.
All exhibits shall be marked and exchanged by counsel.
Civil cases
Page 9 | Rule 17. TRIALS
Counsel must file the trial brief with the Court and serve it on opposing counsel.
Counsel shall file with the Court and serve upon opposing counsel a trial brief.
Civil cases
Page 9 | Rule 17. TRIALS
A partition election notice must be served on the other co-tenants or their attorney personally or by certified mail with return card requested, and evidence of notice must be filed before the Court accepts the election.
Unless by consent of the parties, no order of sale shall be made by the Court, under Section 5307.09 of the Ohio Revised Code, within five (5) days after the order confirming the appraisement shall have been entered upon the journal, and, if in said time, any party in interest shall elect to take the real estate or any party thereof at the appraisement, such party so electing shall on the days of making such election serve written notice of such election upon all other co- tenants, or their attorney of record, personally or by certified mail, with return card requested, and evidence of such notice shall be filed with the papers in the case, before acceptance of such election by the Court, and in no event shall the Court order such acceptance before the expiration of ten (10) days from the date of the confirmation of the appraisement. When such notice is given by mail, the cost thereof shall be taxed in the costs of the case.
Civil cases
Page 14 | Rule 21. Election in Partition Proceedings
Counsel requesting newspaper publication for an Order of Sale must prepare the publication and cause it to be published.
Counsel for party requesting newspaper publication for Orders of Sale shall prepare said publication and cause same to be published.
Civil cases
Page 16 | Rule 30. NEWSPAPER PUBLICATIONS, Section 1. Publications for Order of Sale
When summons service is incomplete, notice must be served on plaintiff’s attorney advising that the case will be dismissed unless service is obtained.
(4) If service of summons is incomplete: (a) Notice shall be served on plaintiff’s attorney directing that, unless service is obtained, the case will be dismissed;
Civil cases
Page 17 | Clerical Step I
After the last publication, the publisher or agent must file an affidavit of publication and a copy of the publication notice with the Court; both constitute proof of service.
(5) If service is being accomplished by publication, then: (a) After the last publication, the publisher or agent shall file with the Court: i. an affidavit showing publication was made, and ii. a copy of the notice of publication Both the affidavit and copy of the notice shall constitute proof of service.
Civil cases
Page 18 | Clerical Step I
If no defendant has been served, notice directing plaintiff’s counsel to obtain service must be served on counsel.
(6) If no Defendant has been served: (a) Counsel for the plaintiff shall be served notice directing that, unless service is obtained, the case will be dismissed.
Civil cases
Page 18 | Clerical Step I
Filing Fees and Waivers
The prepayment cost deposit for a minor guardianship is $75.
E. Minor Guardianships ... , ..................$ 75
Page 2 | RULE 1.9 — Deposit for Civil Actions and Decedents’ Estates
The prepayment cost deposit for a private adoption proceeding is $150.
The pre-payment for deposit of costs in the following actions shall be llS follows: A. Adoption proccedings ..................... ,$150 (priv;ite)
Page 2 | RULE 1.9 — Deposit for Civil Actions and Decedents’ Estates
Costs for a release from administration must be paid as incurred.
I'. Release from Administration · costs shall be paid as incurred
Page 2 | RULE 1.9 — Deposit for Civil Actions and Decedents’ Estates
An additional child in an adoption proceeding requires a $100 cost deposit.
$100 for each. additional child
Page 2 | RULE 1.9 — Deposit for Civil Actions and Decedents’ Estates
The prepayment cost deposit for a pre-placement application is $100.
t. Prc-platcmcntapplication .............$100
Page 2 | RULE 1.9 — Deposit for Civil Actions and Decedents’ Estates
The prepayment cost deposit for an agency adoption proceeding is $100.
A. Adoption proccedings ..................... ,$150 (priv;ite) $100 {agency)
Page 2 | RULE 1.9 — Deposit for Civil Actions and Decedents’ Estates
The prepayment cost deposit for an estate is $125.
B. Est.atcs., ........................ , .............$125
Page 2 | RULE 1.9 — Deposit for Civil Actions and Decedents’ Estates
The prepayment cost deposit for a guardianship is $275.
D. Guardianships ......................... ,•••• $275
Page 2 | RULE 1.9 — Deposit for Civil Actions and Decedents’ Estates
The prepayment cost deposit for all other civil actions is $75.
c. All mhcr civil actions .................. , ..$ 75
Page 2 | RULE 1.9 — Deposit for Civil Actions and Decedents’ Estates
The listed deposit for an estate is $125.
8. Esmu:s $1:25
Page 10 | Rule 2.1 — Deposit for Civil Action and Decedent's Estate
A pre-placement application requires a $100 deposit.
l. Pre-placemen;i1pplication $1()0
Page 10 | Rule 2.1 — Deposit for Civil Action and Decedent's Estate
A guardianship for an incompetent adult requires a $275 deposit.
0. Guardianships (Incompetent Adults) $:275
Page 10 | Rule 2.1 — Deposit for Civil Action and Decedent's Estate
A minor guardianship requires a $75 deposit.
E. Minor Guardianships $75
Page 10 | Rule 2.1 — Deposit for Civil Action and Decedent's Estate
The deposit for a private adoption proceeding is $150.
A. Adoption proceedin!ls $150 (private)
Page 10 | Rule 2.1 — Deposit for Civil Action and Decedent's Estate
The deposit for all other civil actions is $15.
c. All other Civil Actions $15
Page 10 | Rule 2.1 — Deposit for Civil Action and Decedent's Estate
An additional child in an adoption proceeding requires a $100 deposit.
$100 for eJICh additional child
Page 10 | Rule 2.1 — Deposit for Civil Action and Decedent's Estate
Costs for a release from administration are paid as incurred.
F. Release from Administration • cost paid as incurred
Page 10 | Rule 2.1 — Deposit for Civil Action and Decedent's Estate
The deposit for an agency adoption proceeding is $100.
$100 (agency)
Page 10 | Rule 2.1 — Deposit for Civil Action and Decedent's Estate
A deposit set by statute or local rule is required when an action or proceeding is filed, and additional deposits may be required.
(A) Deposits in the amount set fprth in R.C. 2101.16 or in a local rule shall b.c required upon the filing of any action or proceeding and. additional deposits may be required.
Page 18 | Rule 25(A) — Court Costs
A final or distributive account cannot be approved until all court costs have been paid.
A final or distri1iutive account shall not be approved until all court costs have been paid.
Page 22 | RULE 7 — Accounts
Within 30 days of appointment of an estate guardian, a $200 check for each ward must be deposited with the Court.
Within 30 days of the appointment of a guardian of the estate, there shall be deposited with the Coun. for each ward, a check in the amount of $200.00 drawn or reimbµrsable from the guardianship funds, made payable 10:
Page 23 | COUNTY LOCAL RULE 34.2
The deposit for private adoption proceedings is $150.
8. Adoption proceedings Private......................................................................................................... $150.00
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for filing an application for authenticated or exemplified will proceedings is the exact cost.
9. Filing application for authenticated or exemplified wm proceedings .................................. exact cost
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for filing an application for a change of name is $71.
13. Filing application for chan.ge of n=.........................................................................$7!.00
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for filing an application for appointment of an administrator in a wrongful death matter is $125.
3. Filing application for appointtnent of adrninisirator......................................................... $125.00 (Wrongful Death)
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for filing a complaint in a civil action, land sale, determination of heirship, declaratory judgment, or similar matter is $75.
6. Filing complaint (civil action, land sale, determination of heirship, declaratory judgement,etc.) ..$75.00
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for filing an application to release an estate from administration is the exact cost.
4. Filing an application for release of estate from administration ................................................................................................... exact cost
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for each additional child in adoption proceedings is $100.
8. Adoption proceedings Bach additional .child ............................................................................... , •.•••• $100,00
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for publication in adoption proceedings is $100.
8. Adoption proceedings Publication................................................. , .................................................. $100.•00
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for filing an application to appoint a guardian of an incompetent person is $275.
5. Filing application for appointment of guardian oLan incompetent person ......................... $275.00
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for filing an application for a minor's settlement is $44.
12. Filing application for minor's settlement ................. ,., ........................... , .....................$44.00
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for filing the same application as above with publication is $125.
7. Filing applic:uion same as above with publication.......................................... , .... , ... , ..... $125.0@
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for a pre-placement application in adoption proceedings is $100.
8. Adoption proceedings Pre-placement application ..• , ••••••..•••••..•••..•••.•••••. , •...•.•... ,, •.....•..•. ,.............. $100. 00
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for the listed minor guardianship application is $75.
Minor................................................................... , ..•.•.•.....•....•.••••....•......•..•..... $75 .00
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for agency adoption proceedings is $100.
8. Adoption proceedings Agency ................ , ..................................................................................... $100,00
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for filing an application for authenticated or exemplified will proceedings is the exact cost.
IO. Filing application for authenticated or exemplified will proceedings ................................................................................. exact cost
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for filing an application for probate of a will in an estate to be released from administration is the exact cost.
2. Filing application for probate of a will in an eslllte to be released from a ~ o n ... ,........exact cost
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
The deposit for filing an application for a miscellaneous action is the exact cost.
11. Filing application for a miscellaneous actic:m ................................................... , ............ eiact co.st
Page 30 | APPENDIX A — DEPOSITS FOR COURT COSTS
Sealing & Redaction Procedures
Social security numbers and other information required to be excluded from the public record must be redacted, while records retain their legally prescribed public or non-public status.
5. All social security numbers and other information that must be excluded from public record shall be redacted in accordance with the rules of this court and the Rules of Superintendence. Records or information received by a court to assist the court with making its decision under Section 2953.25 of the Revised Code, including information included on a petition, shall retain their character as public or non-public records, as otherwise provided in law.
Civil cases
Page 33 | Certificate of Qualifications for Employment
Adoption and mentally ill files are confidential, access requires Court authorization, and unauthorized disclosure or receipt of information from those files may result in contempt proceedings.
The adoption and mentally ill files are confidential and aa;ess lbereto may be authorited only by the Court. A citation for contempt of court may be issued against anyl)Ile who divulges or l"CCeives copfidential i!lfonnation from the adoption or mentally ill· files without authorization of tile COU!'!.
Page 2 | RULE 1.8 — Withdrawal of Files
Pre-Motion Conference Requirements
All motions are heard on written briefs unless a party requests oral argument or law or the court requires it.
B. All motions will be set for hearing by the Clerk of the Juvenile Division and shall be heard on written briefs unless oral argument is requested by a party or otherwise required by law or the court.
Page 7 | RULE 5 — MOTION DOCKET
Adjournment & Extension Requirements
A continuance generally requires proof of reasonable notice to or consent by the adverse party or counsel; failure to object within a reasonable time after notice is deemed consent.
(B) No continuance, except upon the Court's own moti1>n., shall .be gramed in the ~sence of prodf of reasonable notice to, or consent by, the a4verse party or ·hill. COtJDSel. Fiillute, after such notice, t\l 9bjeet to the continuance within a reasonable time shall be deemed a C\lll$e!lt thereto.
Page 18 | Rule 23(B) — Continuances
A trial date may not be changed and a trial may not be continued without a court order and a showing of good cause.
The trial date shall. not be changed nor shall the trial be continued without order of the Coun and after the showing of good cause.
Page 34 | Rule 47 — Case Management; I. CIVIL ACTIONS
If an extension beyond 28 days is needed or the parties cannot agree, a party not in default may seek Court leave for an extension of the time to file a pleading or motion, for a period set by the Court.
Where an extension of time beyond twenty-eight (28) days is required or where the parties cannot agree upon an extension of time, a party not in default for a pleading or motion may obtain leave to have the time extended for filing any pleading or motion, for such time as may be fixed by the Court.
Civil cases
Page 3 | RULE 3. PLEADING OUT OF RULE
Counsel may agree to extend the time to move or plead by no more than 28 days total; the written consent must be signed by all counsel of record and filed with the Clerk, but does not require Court approval.
By agreement of counsel, additional time to move or plead may be granted to a party if the total extension of such time does not exceed twenty-eight (28) days. Such consent shall be filed with the Clerk in writing, signed by all counsel of record, and need not be submitted to the Court for approval.
Civil cases
Page 3 | RULE 3. PLEADING OUT OF RULE
Filing a pleading instanter under the consent procedure does not continue a case assigned for trial.
but if the case has been assigned for trial, there shall be no continuance by reason thereof.
Civil cases
Page 4 | RULE 3. PLEADING OUT OF RULE
A defaulting party who cannot obtain opposing counsel’s written consent may seek leave to file instanter by written motion and notice of a hearing at 9:00 A.M. on the third day the Court is in session thereafter; the party must show a good reason for the default and a meritorious cause.
A party in default for a pleading who cannot obtain the written consent of opposing counsel to file the same may obtain leave to file a pleading instanter by filing a written motion and by giving notice to opposing counsel that the same will be heard by the Court at nine o’clock A.M. on the third day the Court is in session thereafter, if he can show to the satisfaction of the Court at such hearing that he has a good reason for such default and that he has a meritorious cause.
Civil cases
Page 4 | RULE 3. PLEADING OUT OF RULE
Granting leave to file a pleading instanter does not continue a case that has been set for trial.
The granting of such leave shall not operate as a continuance of the case if the same has been set for trial.
Civil cases
Page 4 | RULE 3. PLEADING OUT OF RULE
A continuance based on an absent witness may be granted only upon a showing of due diligence and an affidavit stating the expected testimony; the application will not be sustained if the testimony is immaterial or both parties consent to reading the affidavit in evidence.
Continuance of a cause may be granted on the ground of inability to procure the testimony of an absent witness when it is made to appear that due diligence was used to procure such testimony. In order to obtain a continuance on this ground, the party making the application must support the same by affidavit stating therein what he expects to prove by such witness. If the Court finds the testimony so set forth to be immaterial or if both parties consent to the reading of the affidavit in evidence, the application will not be sustained and the cause will proceed to trial.
Civil cases
Page 6 | Rule 8. CONTINUANCE OF A CAUSE
After a case is set for trial, a continuance motion must be written and state its reason, except in an emergency or when the Court acts on its own motion; unless the Court directs otherwise, it is heard forthwith after notice to opposing counsel.
Except in cases of emergency or by order of the Court on its own motion, a motion for a continuance of a cause after it has been set for trial must be in writing, which shall set forth the reason for a continuance. Unless the Court should otherwise direct, a motion for a continuance shall be heard forthwith after notice to opposing counsel.
Civil cases
Page 6 | Rule 8. CONTINUANCE OF A CAUSE
When a continuance is requested because an interested attorney is already engaged elsewhere on the trial date, proof of that prior assignment must be attached to the motion.
Where a continuance of a cause is requested on the ground that at attorney interested in the case is already engaged on the date set for trial in another Court of record or a governmental bureau, proof of such prior assignment shall be attached to the motion for continuance which shall be filed forthwith following notification of the assignment of the case in this Court.
Civil cases
Page 7 | Continuance of a Cause
If an extension beyond 28 days is needed or the parties cannot agree, a party not in default may seek Court leave for an extension of time set by the Court.
B. Where an extension of time beyond twenty-eight days is required or where the parties cannot agree upon an extension of time, a party not in default for a pleading or motion may obtain leave to have the time extended for filing any pleading or motion, for such time as may be fixed by the Court.
Page 3 | RULE 3 — PLEADING OUT OF RULE
Counsel may agree to an extension totaling no more than 28 days; the written consent must be filed with the Clerk, signed by all counsel of record, and does not require Court approval.
A. By agreement of counsel, additional time to move or plead may be granted to a party if the total extension of such time does not exceed twenty-eight days. Such consent shall be filed with the Clerk of the Juvenile Division in writing, signed by all counsel of record and need not be submitted to the Court for approval.
Page 3 | RULE 3 — PLEADING OUT OF RULE
Granting leave to file a pleading instanter does not continue a case that has been set for trial.
The granting of such leave shall not operate as a continuance of the case if the same has been set for trial.
Page 5 | RULE 3 — PLEADING OUT OF RULE
Filing the pleading does not continue a case that has been assigned for trial.
but if the case has been assigned for trial, there shall be no continuance by reason thereof.
Page 5 | RULE 3 — PLEADING OUT OF RULE
A motion to continue a cause after it is set for trial must be written and state the reason, except in an emergency or when the Court orders the continuance on its own motion.
Except in cases of emergency or by order of the Court on its own motion, a motion for a continuance of a cause after it has been set for trial must be in writing which shall set forth the reason for a continuance.
Page 11 | RULE 8 — CONTINUANCE OF A CAUSE
A continuance for an absent witness may be granted if due diligence was used, but the application will not be sustained if the testimony is immaterial or both parties consent to reading the affidavit in evidence.
Continuance of a cause may be granted on the ground of inability to procure the testimony of an absent witness when it is made to appear that due diligence was used to procure such testimony. In order to obtain a continuance on this ground, the party making the application must support the same by affidavit stating therein what he expects to prove by such witness. If the Court finds the testimony so set forth to be immaterial or if both parties consent to the reading of the affidavit in evidence, the application will not be sustained and the cause will proceed to trial.
Page 13 | RULE 8 — CONTINUANCE OF A CAUSE
For a continuance request based on an attorney's prior engagement, proof of the assignment must be attached to the motion, which must be filed forthwith after notification of the case assignment.
Where a continuance of a cause is requested on the ground that an attorney interested in the case is already engaged on the date set for trial in another court of record or a governmental bureau, proof of such prior assignment shall be attached to the motion for continuance which shall be filed forthwith following notification of the assignment of the case in this Court.
Page 13 | RULE 8 — CONTINUANCE OF A CAUSE
A continuance motion is heard promptly after notice to opposing counsel.
a motion for a continuance shall be heard forthwith after notice to opposing counsel.
Page 13 | RULE 8 — CONTINUANCE OF A CAUSE
The Judge must decide the Petition within sixty days after receiving all requested information unless the Petitioner requests and is granted an extension.
12. Once all information requested has been received, a Judge shall decide whether to Grant (Form H) or Deny (Form I) the Petition within sixty days, unless Petitioner requests and is granted an extension of time.
Civil cases
Page 34 | Certificate of Qualifications for Employment
If a continuance is granted, the Court may, in its discretion, assess costs and expenses against the moving party.
In the event a continuance is granted, the Court may, in its discretion, assess costs and expenses against the moving party.
Page 13 | RULE 8 — CONTINUANCE OF A CAUSE
If subpoena service is not perfected, the Court may or may not treat the witness's nonappearance as a reason for a continuance, at its discretion.
Subpoenas will be accepted for filing after that deadline, however, should service not be perfected upon a witness, the non-appearance of that witness may or may not be considered as a reason for a continuance at the discretion of the Court.
Page 15 | RULE 10 — REQUESTS
Chambers Communication Rules
Before filing any motion with the Clerk of Courts, the motion must be brought to the Court’s attention for docketing on its motion calendar.
Before the filing of all motions with the Clerk of Courts, the motion shall be brought to the attention of the Court so that it may be docketed on the Court’s motion calendar.
Civil cases
Page 5 | Motion Docket
A temporary restraining order or temporary injunction motion must be presented to the assigned Judge if available; if that Judge is unavailable, it may be presented to any available Common Pleas Court Judge.
A motion for temporary restraining order or temporary injunction shall be presented to the Judge assigned to the case if available. If such Judge is unavailable, the matter may be presented to any Judge of the Common Pleas Court who is available.
Civil cases
Page 6 | Rule 7. ASSIGNMENT OF CASES
If audio-visual playback services are desired, the Court Reporter must be notified three days before trial.
The Court has audio-visual playback capability. If services are desired for trial or otherwise, the Court Reporter must be notified three (3) days in advance of trial.
Civil cases
Page 9 | Rule 17. TRIALS
A record is automatically provided for jury trials; to obtain a record of a trial to the Court, the Court’s Reporter must be notified in writing three days before trial.
A record will be automatically provided in all jury trials. If a record is desired of a trial to the Court, the Court’s Reporter must be notified, in writing, three (3) days in advance of trial.
Civil cases
Page 10 | Rule 17. TRIALS
Counsel or parties with a valid trial-date conflict must notify the Court in writing within 14 days after the trial order is filed and state the conflict.
If counsel or their parties have a valid conflict with the date of trial, they must notify the Court within fourteen (14) days of the date of the filing of the Court’s trial order, in writing, setting forth the conflict.
Civil cases
Page 10 | Rule 17. TRIALS
A party requesting oral argument must schedule the motion hearing with the Court.
C. If oral argument of a motion is requested by a party, it shall be the responsibility of that party to schedule with the Court the hearing of said motion and to cause notice of the time and place thereof to be given to all other parties.
Page 7 | RULE 5 — MOTION DOCKET
Requests to view a file must be directed to a deputy clerk.
Any request to view a file must be made to a deputy clerk.
Page 23 | RULE 19 — CUSTODY OF FILES
The judge asks callers with questions about a particular situation to call the office first.
please call my office first if you have <\IIY questions about a particular situation.
Page 12 | MEMORANDUM
The judge invites callers to ask questions about the new procedure by phone.
Please give me a call if you have any qµestions on the new procedure.
Page 12 | MEMORANDUM
Counsel may present entries and applications for special orders in person for signing at the opening of a session or in chambers at a Judge’s convenience.
Entries and applications for special orders may be presented by counsel in person for signing at the opening of a session or in chambers at the convenience of a Judge.
Page 19 | RULE 15 — SIGNING OF ENTRIES