Licking County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Contingent fee contract authorization application

A fiduciary must file an application for court authority before entering into a contingent-fee contract with an attorney, and the application must be approved by the Court.

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.

CRITICAL

Applies to

Pleading motion document

File sufficient copies with the Clerk of any pleading, motion, or document to be served by the Clerk of the Juvenile Division or Sheriff.

Sufficient copies of every pleading, motion or document to be served by the Clerk of the Juvenile Division or Sheriff shall be filed with the Clerk.

CRITICAL

Applies to

Evidence of title

In a public-sale case, the complainant must file evidence of title before an order of sale issues, prepared and extended by a responsible abstract or title company or consisting of an attorney’s certificate dated after the complaint was filed.

In cases involving public sale the comp(alnt $.all, prior id the issuanee 9f an order of sale, file with the Court evidence of title showing tlie record condition of the title to the premises described in the complaint, prepared and e;i;tcnde4 by a responsible abstract or tide. company Qr an attom~y's certificare to.a d;lte subsequent 10 the date in which the complaint was filed.

CRITICAL

Applies to

Fiduciary appointment application

An application to appoint a fiduciary must include the name, address, and telephone number of the attorney representing the fiduciary, if any.

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.

CRITICALCivil cases

Applies to

Facsimile transmission

A faxed document must include all required identification on its cover page in the Court-prescribed format or it will not be accepted for filing.

(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.

CRITICAL

Applies to

Application notice form

An application must be filed with a notice form completed except for the hearing date; when filed, the hearing date is set and noted, and the original notice form is returned to the applicant or attorney so copies can be made.

When the application is filed, it shall be accotilpanied by. m,e notice fonn completed eJt.cept for the date of hearing. The hearing date will be ~et ll!ld rioted on the nollce .fprm wl)en filed lll!\\ the original thereof returned to the :ipplic;uu or attorney so mattile necc;ssaiy copies. C!III Ile 1112,de to accompany the nodee.

CRITICAL

Applies to

Fiduciary appointment application

A person applying for appointment as a fiduciary must file a Fiduciary Acceptance using a court-furnished form.

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.

CRITICAL

Applies to

Adoption petition

The adoption petition must allege facts surrounding the placement, including information about friends, relatives, doctors, and attorneys.

The petition shall include., in a®ition to all at.lier matters required by law, allegations of facts surrounding such placement, including but not limited tQ friends, relatives, doctors, attorneys, etc.

CRITICALCivil cases

Applies to

Pleading motion or document

Each pleading, motion, or document filed for a party must print or type 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

Application

Only one application may be filed on behalf of all minors who have the same parents.

(B) Onlyo11e.11Pplilr.l1ion.sb?Jl be filed o!) l>ehlltf of all minots of.the same parents.

CRITICALCivil cases

Applies to

Pretrial statement

In civil cases, parties must file and serve a pretrial statement containing the specified facts, issues, exhibits, damages, requested examinations, deposition information, pleading amendments, witness information, trial-time estimate, and any request to view the scene.

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: (1) A brief statement of the facts; (2) The issues of the fact; (3) The issues of law; (4) Identification of all exhibits then expected to be offered into evidence; (5) An itemization of expenses, loss of income, and other special damages; (6) Any requests for medical examination of the adverse party; (7) An identification of any persons to be deposed and the approximate dates such depositions will be taken; (8) Specifications of any amendments to be made to the pleadings; (9) Identification of the names and addresses of expert witnesses to be called by the parties; (10) Identification of the names and addresses of lay witnesses to be called by the parties; (11) An estimate of the time required for trial; (12) A request for a view of the scene, if such a request is to be made by the party.

CRITICAL

Applies to

Affidavit

When a party requests a support order, each party’s affidavit must state the parties’ indebtedness and their last two months’ gross earnings.

When a party requests a court order for support, each party shall include in his/her affidavit a statement of all indebtedness of the parties and their last two month's gross earnings.

CRITICAL

Applies to

Claims hearing application

When the Court requires a claims hearing or the fiduciary requests one, the fiduciary must file a schedule of all claims against the estate with the hearing application or within ten days after notice of a Court-initiated hearing.

(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.

CRITICAL

Applies to

Application

The application must state any additional consideration being paid to persons other than the minor.

(0) TI1c application shall state what addirional considcrati-On. if any, is being paid to pcrsoils-0thcr lhOJl the minor.

CRITICAL

Applies to

Compensation agreement

An agreement for compensation of estate services must be in writing and filed with the Court when the application to appoint the administrator or executor is filed.

Th.e nsreement reached shall be redu~d fO writing and shall be filed With the Coun when the applic:11io11 for thi: appoint~t of the adminlStrator or tile e;te@tor is filed.

CRITICAL

Applies to

Entry

If no guardian has been appointed to receive a minor's estate or injury settlement, the minor's attorney must prepare an entry directing deposit, impoundment, and release of the funds.

If no JU;irdian has been appointed for either the receipt of an estate of minor or the receipt of a settlement for injury to a minor, the .attorney representing the interests of the minor shall prepare an entry: (I) ordering the deposit of funds in a local banking instinition in the name of the minor: (2) impounding both the principal and interest; and (3) releasing the funds.to the minor at the age of majority or upon funher order of the Court.

CRITICAL

Applies to

Receipt

The attorney must obtain a receipt from the bank and deposit it with the Court.

nttomet $11all. llb!.iin a re~eipt. fimn the batik .and deposit it with the court.

CRITICALCivil cases

Applies to

Owners title insurance policy

After the sheriff delivers and records the deed, the plaintiff must deliver or mail the purchaser an owner’s title policy in the amount of the sale price.

(D) After the delivery of the deed by the sheriff to the purchaser and the recording of said deed, the plaintiff shall cause an owner’s policy of title insurance in the amount of the sale price to be delivered to the purchaser or mailed to the address of the purchaser as shown on the deed.

CRITICAL

Applies to

Court appointed investigator report

A report prepared by a court-appointed investigator of a proposed private sale must be made part of the record.

The report shall be a part .of the record.

CRITICAL

Applies to

Pre trial statement

A written pre-trial statement must be filed with the Court before the pre-trial conference.

2. A written pre-trial statemem shall be filed with the Colin prior to the pre"uial confeyence.

CRITICAL

Applies to

Application

The application must state any additional consideration being paid to persons other than the minor.

(D) Toe application shall state what additional consideratl-0n, if any, is heing paid to persons other than the minor.

CRITICAL

Applies to

Claim rejection

When a claim has been filed with the Court under R.C. 2117.06, the fiduciary must file a copy of any rejection of the claim.

(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.

CRITICAL

Applies to

Administrator or executor fee agreement

The administrator’s or executor’s fee agreement must include the specified language in bold print.

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."

CRITICAL

Applies to

Pretrial order

At the end of the pretrial conference, the Court must prepare a pretrial order setting out the discovery deadline, pleading and briefing schedules, and trial date.

At the conclusion of the pre·trial conference, the Court shall prepare a pre'trial order selling forth: l. A discovery deadline date. 2. Pleading and briefing schedules. 3. Tri.al date.

CRITICAL

Applies to

Pretrial statement

Written pretrial statements must be filed with the court before the pretrial.

Wriucn pre·trial stmcmcnts sba,.11 be filed with the coun prior to the pre-trial.

CRITICALCivil cases

Applies to

Journal entry

Prevailing counsel must submit the prepared entry to opposing counsel, or directly to an unrepresented adverse party.

counsel for the party in whose favor an order, decree, or judgment is rendered shall within five (5) days thereafter prepare the proper entry and submit it to counsel for the adverse party, or, if the adverse party is unrepresented, to the adverse party directly

CRITICAL

Applies to

Adoption petition

If placement is approved, an 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.

CRITICAL

Applies to

Pediatrician statement

Before the placement hearing, the Court must be supplied with a pediatrician's statement about the child's condition.

Prior to the placement hearing, ·theJ:e shall be supplied to the Coun a statement ftom a pajiatrl~ as to the con4i,tion .of .the child sought .to be placed.

CRITICAL

Applies to

Attorney fee payment application

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.

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

CRITICAL

Applies to

Account

Receipts for distributive shares signed by a person holding a power of attorney recorded in Ohio must have a copy of the recorded power attached to the account.

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,

CRITICAL

Applies to

Entry

The attorney must deposit the funds and provide the financial institution with a copy of the entry within seven days of approval.

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.

CRITICAL

Applies to

Fiduciary account

A fiduciary account must include a recapitulation of cash receipts, disbursements, and bank deposits representing cash on hand at the end of the accounting period.

(l) A recapitulation of cash receipts, disbu.rsements and bank deposits, representing cash on hand at the end of the accounting peridd.

CRITICALCivil cases

Applies to

Petition for certificate of qualification for employment

After DRC approval, the petitioner must file Form A with the Clerk of Courts and provide the DRC petition number and a printed copy of the electronic petition.

Once the DRC reviews the electronic Petition and approves it for filing, the Petition for Certificate of Qualification for Employment (RC 2953.25) (Form A) shall be filed with the Clerk of Courts by the Petitioner. The Petitioner shall provide the DRC Electronic Petition Number and attach a printed copy of electronic Petition submitted through the DRC.

CRITICAL

Applies to

Guardian compensation schedule

The guardian-compensation schedule set forth in the local rule must be filed with the Supreme Court in accordance with C.P. Sup. R. 40.

Guardian's compensation sb;ul be sel by loc;il rule and th11 $Chcdule ofcompe~ation st!! fortb in me local rule and the schedule of comperniation sef forth in the local rule sbitll be filed with the S11preme Court in accordance C.P. Sup. R. 40.

CRITICALCivil cases

Applies to

Purchaser notice declining title policy

A purchaser who declines an owner’s title policy must notify the plaintiff before sale confirmation, and the plaintiff must file a cancellation-cost bill to be taxed as costs.

(E) If the purchaser of the real estate does not desire an owner’s policy of title insurance, said purchaser shall notify the plaintiff prior to the confirmation of the sale, and the plaintiff shall cause a bill for the cancellation of the commitment, calculated in accordance with the schedule of rates for title insurance in Ohio as filed with the State of Ohio, Department of Insurance, as amended from time to time, to be filed with the Clerk of the Court. The amount of said bill shall be taxed as costs in the case, in lieu of the bill referred to in Subparagraph (B) above.

CRITICALCivil cases

Applies to

Pleading motion or document

Sufficient copies of a pleading, motion, or document that the Clerk or Sheriff will serve must be filed with the Clerk.

Sufficient copies of every pleading, motion, or document to be served by the Clerk or Sheriff shall be filed with the Clerk.

CRITICAL

Applies to

Continuance motion

Every continuance motion must include a proposed journal entry ordering reassignment to a date certain.

All motions for a continuance shall be accompanied by a proposed journal entry ordering the reassignment of said case for a date certain.

CRITICAL

Applies to

Sale sign

When a public sale is authorized, the complainant must post a conspicuous sign on the premises stating that the property will be sold at public sale and giving the time and place.

In all cases where a public sale is authorized. complainant shalt post a sign in a conspicuous place on th~ premises .to be sold stating the property will be sold at public sale and giving th.e ,imc and place thereof..

CRITICALCivil cases

Applies to

Journal entry

If prevailing counsel does not prepare an entry within five days, adverse counsel must prepare and submit it to prevailing counsel, who must approve or reject it within five days of receipt.

If counsel for the prevailing party does not prepare an entry within the five (5) day period, counsel for the adverse party shall do so and submit it to counsel for the prevailing party who shall approve or reject the same within five (5) days after the receipt thereof.

CRITICAL

Applies to

Affidavit or sworn testimony

For a requested private sale, unless all necessary parties’ consent has been filed or the sale concerns a fractional interest, the complainant must establish specified facts by affidavit or sworn testimony.

When an order of private sale is requested, excepting thos.c cases where the· consent of all necessary panics 10 the proceedings has been filed or cases involving the sale of factional. interest, the complainant shall be required. by affidavit or testimony under oatli, to establish: (1) whether or not t!ii: sale has 1,een the subject of prior negotiations; (2) the amount offered for the sale of the property; (3) the appraised value in the land sales proccs'<lings; (4) Jhe identity of the prospective purchaser and counsel, if any; (whether or not tile proposed transaction wHl be, or has already been. placed in escrow; and (ii) thee idllOtity of the escrow agent.

CRITICALCivil cases

Applies to

Trial brief

The trial brief must include the action type, issues, claim- or defense-specific facts, claimed special damages, supported legal principles, and requested jury instructions with supporting authority.

The trial brief shall contain at least the following material: (a) A succinct statement of the kind of action; (b) A clear statement of the issues involved; (c) A summary of the factual situation in regard to each claim or defense; (d) An itemized list of the claimed special damages; (e) A statement of the principles of law involved in the case supported by the citation of appropriate legal authority; (f) A request for instructions which refers to the specific sections of O.J.I. upon which the party requests the Court to instruct the jury and the complete text of any special jury instruction, together with appropriate legal authority to support each such instruction.

CRITICALCivil cases

Applies to

Publication affidavit

Counsel must file an affidavit stating that service will be made by publication, accompanied by a copy of the prepared publication.

Counsel shall file an affidavit for publication in the Clerk of Courts office, stating service will be made by publication. A copy of the prepared publication shall accompany the affidavit to be filed in the case.

CRITICAL

Applies to

Affidavit

Affidavits applying for or opposing support for minor children must use Court-prescribed forms and be fully completed.

The affidavits of parties applying for or opposing support for minor children shall be submitted on forms prescribed by the Court and fully completed.

CRITICAL

Applies to

Notice of compensation application

If the Court requires notice of a compensation hearing, the 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.

CRITICAL

Applies to

Preliminary conference statement

At the preliminary conference, the parties must submit a preliminary conference statement covering matters directed by the Court.

The parties shall, at the preliminary conference, submit to the Court, with a copy to all opposing counsel, a preliminary conference statement covering such matters as the Court directs.

CRITICAL

Applies to

Written court approval

A fiduciary may not pay an attorney fee in an estate or guardianship without first obtaining the Court’s written approval.

The attorney fee in an estate or guardwish!P shall not be paid by the fidµclary wit.hout first obtainiI!g the written approval of the Court.

CRITICAL

Applies to

Appointment hearing notice

Written notices must state the time and place of the hearing.

A.I! written notices must cqntain the time and piacc of the .!tearing

CRITICAL

Applies to

Application

The application must be filed with a completed notice form that leaves the hearing date blank; the hearing date is set and entered on filing, and the original is returned so copies can be made for service.

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

CRITICAL

Applies to

Application for authority to enter contingent fee contract

Before entering a contingent-fee contract, the fiduciary must file an application for authority and obtain court approval.

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.

CRITICAL

Applies to

Compensation agreement

An agreement for compensation must be in writing and filed with the court when the application to appoint the administrator or executor is filed.

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.