Licking County Court of Common Pleas, Ohio Document Filing Requirements

CRITICALCivil cases

Applies to

Owners title policy cost bill

After the sheriff returns the sale order and before sale confirmation, the plaintiff must file the title-policy cost bill, which will be taxed as case costs.

(C) After the sheriff’s return of the order of sale and prior to the confirmation of sale, the plaintiff shall cause a bill for the cost of an owner’s policy of title insurance in the amount of the sale price of the real estate to be filed with the Clerk of this Court. The amount of the bill shall be taxed as costs in the case.

CRITICAL

Applies to

Compensation agreement

The compensation agreement must include the specified paragraph stating that no minimum or maximum fee is automatically approved by the Court.

The ngteement mU$l contain :is the ~Ing paragr:1ph the following: The Probate Division of the Licking County Co=on Pleas Coun does not. bave, nor is there recognized. 311Y minimum. or maitimum fee; which will automatically be approved by the Court.

CRITICAL

Applies to

Submission on briefs without oral hearing

Submission of a matter on briefs without an oral hearing is permitted only if counsel provide a written stipulation.

Submission or 11 pl.itfer upon briefs withol!t oral hearing shall. be permitted only upon written siipulation of counsel.

CRITICALCivil cases

Applies to

Judicial sale certification

Before an order of sale may issue, the plaintiff’s attorney must file a certification of compliance or a Court order dispensing with compliance.

(B) An order of sale shall not be issued until the plaintiff’s attorney files a certification with the Clerk of Courts verifying that the provisions of this rule have been complied with or that the duty of compliance with the provisions of the rule have been dispensed with by the Court order.

CRITICAL

Applies to

Paper

Papers with partially or wholly illegible signatures may be refused or stricken unless the signer's typewritten or printed name is clearly indicated.

(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.

CRITICALCivil cases

Applies to

Petition

A Petition submitted through the DRC must include the DRC CQE Summary.

3. All Petitions submitted through the DRC shall be accompanied by the Department of Rehabilitation and Corrections CQE Summary (CQE Summary).

CRITICAL

Applies to

Guardianship application

Applications for guardianship based on mental incompetency, dismissal of that guardianship, or a declaration of competency must include either a physician’s statement or a statement that the prospective ward refused examination.

All applications for the appointment of a gua;'dian on the grounds of mental incompetency, or for dismissal of such guardianship, or for declaration of compete!]cy, shall be accompanied by either a statement of a physician or, a statement that the prospective ward has refused to submit to an e;i;amination.

CRITICAL

Applies to

Fiduciary account

If the fiduciary sold land during the accounting period, the account must show the gross proceeds and their distribution and attach the escrow statement or receipts for land-sale expenditures.

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.

CRITICAL

Applies to

Probate application notice

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.

(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..

CRITICAL

Applies to

Supplemental forms

The prepared supplemental forms must be filed.

there arc several supplemental forms I nave prepared that need to be filed.

CRITICAL

Applies to

Will

When an estate eligible for relief from administration has a will, the will must be presented for probate.

In all cases of estates entitled to be relieved from administration, where there is a will, such will shall be presented for probate.

CRITICAL

Applies to

Parent guardian application for care and support

A parent-guardian seeking an allowance for a minor’s care and support must allege, if true, that the parents are financially unable to provide the requested items.

An application by a parent-guardian for th.e allowance of care and support of a minor shall allege. if such is the fact, that the fath.er and mother are financially unable to provide the items for which the amount is sought.

CRITICALCivil cases

Applies to

Order of sale publication submission

A praecipe and copies of the publication must be filed with the Clerk for processing before the sale.

A praecipe and copies of publication shall be filed with the Clerk for processing prior to sale.

CRITICALCivil cases

An approved entry must be endorsed and presented to the assigned Judge; if the Judge signs it, it must be filed forthwith with the Clerk.

When the entry is approved by counsel, or an unrepresented adverse party, it shall be so endorsed and presented to the Judge to whom the case is assigned for approval, and if signed by him, shall be forthwith filed with the Clerk.

CRITICAL

Applies to

Certificate of transfer

Must include

caption, case number

If the uniform Ceniikate Qf Transfer form. is 11sed and more lhlll! Qne page is. ~ed to wiµplere the descripHon. the ag;ompanying pages s)la!l epntain a caption cattYing the name of!lle ~ased; the case number of the estate. as well as a desitnation of pages indicating the n~ber ofpagesin tile certificate of transfer. At !he conclusion of the description, there shall l!ppearaJine for the d~ andltidte's signiltllte. The. depucy clerk shall not accept for filing any cenificate of transfer that does not contliin the fororrnation set fortb above.

If the uniform Ceniikate Qf Transfer form. is 11sed and more lhlll! Qne page is. ~ed to wiµplere the descripHon. the ag;ompanying pages s)la!l epntain a caption cattYing the name of!lle ~ased; the case number of the estate. as well as a desitnation of pages indicating the n~ber ofpagesin tile certificate of transfer. At !he conclusion of the description, there shall l!ppearaJine for the d~ andltidte's signiltllte. The. depucy clerk shall not accept for filing any cenificate of transfer that does not contliin the fororrnation set fortb above.

CRITICAL

Applies to

Inventory filing extension application

An application to extend the inventory-filing deadline must state the time needed, and the accompanying judgment entry must leave a blank for the Court to enter the number of days granted.

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.

CRITICAL

Applies to

Fiduciary fee payment application

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.

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.

CRITICAL

Applies to

Administrator or executor fee agreement

An administrator’s or executor’s fee agreement must be written and filed with the appointment application.

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.

CRITICAL

Applies to

Written instructions

Written instructions must include a brief citation of authority for each instruction unless the Court excuses the requirement.

When written instructions are presented to the Court pursuant to Rule 51 (A) of the Ohio Rules of Civil Procedure or Rule 30 of the Ohio Rules of Criminal Procedure by a party or his counsel, they shall be accompanied by a brief citation of the authority upon which each of such instructions is based, unless excused by the Court.

CRITICAL

Applies to

Certificate of transfer

Must include

caption, case number

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.

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.

CRITICAL

Applies to

Schedule of claims

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.

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.

CRITICAL

Applies to

Motion

A party unable to obtain opposing counsel’s written consent may seek leave to file a pleading instanter by written motion, notice of the hearing to opposing counsel, and a showing of 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.

CRITICAL

Applies to

Compensation hearing notice

If a compensation application is set for hearing, the written notice must state the amount of compensation requested.

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.

CRITICALCivil cases

Applies to

Petition

A petitioner filing directly with the Court must assert that they have served no time on a term in a state correctional institution or department-funded program.

If filing is made directly with the Court, Petitioner also asserts no time has been served on a term in a state correctional institution or in a department-funded program.

CRITICAL

Applies to

Application

Must include

caption

An application relating to a minor must be submitted by a parent or the minor's custodian and captioned in the minor's name.

(A) An application relating to a minor.,hall be submiU~ by the parent or parents or by the .person having custody .of the minor an4 shall be captioned in the name ofthe minor.

CRITICAL

Applies to

Pleading motion document

Each filing on behalf of a party must state filing counsel’s name, address, and telephone number and, if filed by a law firm, identify the attorney primarily responsible for the case.

Every pleading, motion or document filed on behalf of a party shall have printed or typed thereon the name, address and telephone number of counsel filing the same; and if filed by a law firm, it shall be indicated thereon the name of the particular attorney having primary responsibility for the case.

CRITICAL

Applies to

Counsel fee application

A counsel-fee application for services to a guardian, trustee, or other fiduciary must be filed by the fiduciary or attorney and state the services rendered and amount claimed in conformity with Paragraph A.

An applicatio11 sha1i l!e filed. for the allowance of counsel fees for services rendered to a guardian. trustee. orbiher fiduclaey. Thcappifoation i\lllfbe filed by the fi(iucjary orattome,y. The.application shall set fonh a ,,a1cme11t. Q( the services. rendered and the ainount claimed In 1;011formi!Y w.itll Paragr;ipll ·A.

CRITICAL

Applies to

Application

The application must state any arrangement concerning counsel fees, which are subject to Court review.

(E) The application shall state what arrangement, if any, has been made with respect to counsel fees, which fees shall be subject to review by the Coun.

CRITICAL

Applies to

Settlement application

A wrongful-death settlement application must contain a statement of facts, including the settlement amount and the amount, if any, to be received in the matter described in the source.

(A) Application for approval of settlement of a c!aimJ-0r wrongful death shall contain a statement of facts. including the amounno be received in settlement of the claim and tile amount, if any, to be received in the

CRITICALCivil cases

Applies to

Partition election notice

Evidence of service of a partition election notice must be filed with the case papers 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.

CRITICAL

Applies to

Fee agreement

A written fee agreement must be filed with the initial papers opening a guardianship, trust, or similar matter, but it need not contain the language required by Section B(2).

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,

CRITICALCivil cases

Applies to

Subpoena

The Clerk issues a signed but otherwise blank subpoena to the requesting party, who must complete it before service.

The Clerk shall issue a subpoena, signed, but otherwise in blank, to a party requesting it, who shall complete it before service.

CRITICAL

Applies to

Application

The application must state the amount of money or property to which the minor is entitled and to whom it should be paid or delivered.

The application shnll ·indicate ihe amoilnto(money or ptoperty IQ Which .i;~~minori$.~litled1ind ro woom $uch money .orpropeny s!)all be paid or delivere1t

CRITICALCivil cases

Applies to

Inactive status entry

If the parties enter into a forbearance plan, counsel must submit an entry placing the case on inactive status for 90 days.

If the parties enter into a forbearance plan, counsel shall submit an entry placing the case on inactive status for 90 days.

CRITICALCivil cases

Applies to

Jury instructions

Written instructions presented under Ohio Rule of Civil Procedure 51(A) must include a brief citation of authority for each instruction, unless the Court excuses the requirement.

When written instructions are presented to the Court pursuant to Rule 51(A) of the Ohio Rules of Civil Procedure by a party or his counsel, they shall be accompanied by a brief citation of the authority upon which each of such instructions is based, unless excused by the Court.

CRITICAL

Applies to

Attorney fee agreement

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.

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.

CRITICAL

Applies to

Probate application

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.

(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, · · · ·

CRITICAL

Applies to

Guardian application for ward expenses

Payment for a ward’s support, maintenance, or education cannot be approved until the guardian files a separate application specifying the amount requested and an inventory has been filed.

Paymept for the suppon, maintenance or education of a ward shall Qot be approved until such time as the guardian files an application to detemune. separate and apan form the ;iccount, the amount to be allowed for the support. maintenance or education of the ward. and until an inventory has been filed.

CRITICAL

Applies to

Continuance motion

A continuance motion based on an attorney's prior engagement must have proof of the prior assignment attached.

proof of such prior assignment shall be attached to the motion for continuance

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must address efforts to sell the real estate and when the sale will close.

3. The pre4rial.statement Shall ad~s the issues as to the efforts being l!lllde 10 .sell the real estate and when the ~ will be closed.

CRITICALCivil cases

Applies to

Pleading

The written consent of opposing counsel must be attached to the pleading filed instanter under the consent procedure.

with the written consent of opposing counsel attached to such pleading

CRITICAL

Applies to

Filed paper

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.

(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.

CRITICAL

Applies to

Extraordinary services application

A claim for extraordinary services requires a filed application setting forth an itemized statement of the services rendered.

Where there is a claim. for extraor4inary services. an application shallbe filed setting. forth an i1emized statement of.the services rendered.

CRITICAL

Applies to

Pleading

Must include

caption

Pleadings must be correctly captioned.

(El All pleadings l!l"c to be typed or printed and correctly captioned,

CRITICAL

Applies to

Entry

An entry approved by counsel must be endorsed and presented to the assigned Judge for approval.

When the entry is approved by counsel, it shall be so endorsed and presented to the Judge to whom the case is assigned for approval;

CRITICAL

Applies to

Application

Before a fiduciary enters into a contingent-fee contract for services, an application for authority to enter the agreement must be filed with the Court.

Prior to afiduciaIY entering.into ac.Q!Jt:i.og~t Jee comtact with an auorney for services. an application for authority to. enter into ihe agreement shall be filed with the Court.

CRITICAL

Applies to

Motion for continuance

Must include

caption, case number

A motion for continuance must be submitted in writing with the proper caption and case number.

(A) Motions for continuance shall be submitted in writing with Ille proper caption an(! c.ase number.,

CRITICAL

Applies to

Juror questionnaire copies

As soon as a jury is impaneled, the attorney must immediately return the juror questionnaire copies to the Juvenile Division Clerk.

As soon as a Jury has been duly impaneled, the attorney shall immediately return the copies of the Juror's Questionnaires to the Office of the Clerk of the Juvenile Division.

CRITICAL

Applies to

Adoption petition

An adoption petition will not be accepted for filing unless accompanied by the supporting papers necessary to complete the adoption.

The foster care ,vorker (deputy clerlt) sh.all refuse to accep! for filing ,lily petition that is. 1101 accompanied by the ·supporting· papers necessary to complete the adopiion.

CRITICAL

Applies to

Commissioner report

A commissioner appointed to examine assets must submit a written report of findings to the Court.

The commissioner appointed shall lllake a written report of his findings to the Court.