Licking County Court of Common Pleas, Ohio Document Filing Requirements

CRITICALCivil cases

Applies to

Owners title insurance commitment

In judicial-sale cases other than tax forfeiture or tax foreclosure cases, the plaintiff must file a specified title commitment by the date the sale decree is filed, unless the Court directs otherwise for good cause.

Except in tax forfeiture and tax foreclosure cases, and except where the Court upon motion of a party and for good cause shown otherwise directs, in any case wherein the relief sought is the judicial sale of real estate: (A) The plaintiff shall procure and file with the Court, not later than the date the decree ordering judicial sale is filed with the Clerk of Courts, a commitment for an owner’s title insurance policy for each parcel of real estate sold, said commitment to be effective at 8:30 A.M. on the date of the completion of service on the last of the record owners of the real estate to be served. The commitment shall be in “the amount of the successful bid at sheriff’s sale” and shall show “purchaser at judicial sale” as the proposed insured.

CRITICAL

Applies to

Counsel fee application

Anomcy fees may be allowed lf tl)ere ,is a wnuc11 applic,uion which sets fonh the amount requested ruid will be awatd~ only after proper heating, \mlcss otl;icJ:wisc modified by local rule.

Anomcy fees may be allowed lf tl)ere ,is a wnuc11 applic,uion which sets fonh the amount requested ruid will be awatd~ only after proper heating, \mlcss otl;icJ:wisc modified by local rule.

CRITICAL

Applies to

Affidavit

Before the sale, the complainant must file an affidavit confirming that the sign was posted, defendants received timely notice, and the notice complied with Civil Rule 4.1.

Prior to tlie sille, the COmplairumt shall filenn affidavit stating: (I) that a sign was placed on the property; (2) that the required notice was given to the defendants at lest three weeks prior 10 the date .of sale; and (3) that the notice conformed to Civ. R. 4.1.

CRITICAL

Applies to

Notice of hearing

A notice of a hearing on extraordinary compensation must state the amount of compensation requested.

$Uch li()tice shlill. contaln !l stat~pt of the amount for which compensation is applied.

CRITICAL

Applies to

Guardian account

A guardian account covering more than one minor must show each ward’s proportionate share of credits and debits and separately state each ward’s property at period-end.

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.

CRITICAL

Applies to

Written opinion

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.

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.

CRITICAL

Applies to

Pre placement application

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.

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.

CRITICAL

Applies to

Fiduciary account

A fiduciary account must identify all real estate owned by the ward or estate to which the fiduciary holds legal title for or on behalf of the ward or beneficiary.

(:,) 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')'..

CRITICAL

Applies to

Guardianship application

The proposed guardian and ward information sheets and the guardian instruction sheet must be filed with the standard guardianship forms.

In ild<litipn to the _slaI!dard guanii~1p foaqs, !b,ere shall be tiled wit!). !he Coun the. information sheet regarding lhe proposed guardian,. tl!¢ .iiefl!rtll!l!i_on sheet rega:ding the proposed ward, and the .insl!llction sheet for guartli~.

CRITICALCivil cases

Applies to

Motion

All motions shall be accompanied by a brief or memorandum stating the grounds thereof and citing the authorities relied upon. In the absence of such brief or memorandum, such motion may be stricken from the files.

All motions shall be accompanied by a brief or memorandum stating the grounds thereof and citing the authorities relied upon. In the absence of such brief or memorandum, such motion may be stricken from the files.

CRITICAL

Applies to

Extension application and accompanying judgment entry

An application to extend the time for filing an account must state how much time is needed, and its accompanying judgment entry must leave space for the Court to insert the additional days granted.

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.

CRITICAL

Applies to

Compensation agreement

The compensation agreement must include the specified language in bold print.

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."

CRITICAL

Applies to

Application

Must include

caption

An application involving payment of $10,000 or less must be made by a parent or the minor's custodian and captioned in the minor's name.

(A) Applicatio.ns involving the payment.of ten thousand dollars ($10,000) or I~ shall be by the parent or parents or by the person having custody of the minQr, 1!11(1 shall be captioned in the name of the. minor.

CRITICAL

Applies to

Guardian account

The guardian’s account must include a separate schedule computing the guardian’s compensation as a condition of approval.

A separate schedule of the computaliol! of the guardian's compensation shall be set fonh in the guardi.m ·s account as a condition of its approval.

CRITICAL

Applies to

Status report

The fiduciary and attorney must attend the status conference, and a written status report must be submitted to the Court at that time.

The fiduciary and the attorney shall be ! prcsent.:uid a written '5tatus report sh:ill be submiued to the Court .at the time. of the status conference.

CRITICALCivil cases

Applies to

Exhibit list

Each party must submit its exhibit list to the Court and opposing counsel.

In addition, a list of exhibits to be offered by each party shall be submitted to the Court and opposing counsel.

CRITICAL

Applies to

Guardian appointment application

Must include

caption

An application to appoint a guardian must be captioned in the proposed ward’s name.

All applications for appointment.of a guardian shall be captioned in the name of the proposed ward.

CRITICAL

Applies to

Settlement application

The requirements of Probate Superintendency Rule 35(C) apply to all settlements covered by Rule 37 unless the Court orders otherwise.

Probate Superintendency Rule 35(C) shall apply 10 allse1tlements oovercd by rbis l'llle unless otherwise ordered by the Coun.

CRITICAL

Applies to

Fiduciary appointment application

A person applying for appointment as a fiduciary must file a fiduciary acceptance using the Court’s form.

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.

CRITICAL

Applies to

Preplacement application

Proposed adoptive parents must file a preplacement application in a form prescribed by the Court.

a. p,e,placement application in .a fonn prescribed by the Court shall be !lied .by the proposed parents

CRITICAL

Applies to

Compensation application

Compensation for guardians of the person only is allowed upon application and entry.

Compensation of g\lllrdians of the person only shall be<allowcd on application and entry.

CRITICALCivil cases

Applies to

Subpoena

The responsible party or attorney must comply with Civ. R. 45(C) and attach to each subpoena the text of Civ. R. 45(C) and (D) concerning protections and response duties.

The party or attorney responsible for the issuance of a subpoena shall comply with the provision of Civ. R. 45(C) and shall be responsible for attaching to each subpoena the text of Civ. R. 45(C) and (D) pertaining to the protection of persons subject to subpoenas and duties in responding to subpoenas.

CRITICAL

Applies to

Judgment entry and order of sale

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.

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..

CRITICAL

Applies to

Adoption petition

An adoption petition will not be accepted for filing without the supporting papers necessary to complete the adoption.

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,

CRITICAL

Applies to

Proper entry

Unless the Court prepares the entry, counsel for the party in whose favor an order, decree, or judgment is rendered must prepare the proper entry and submit it to opposing counsel.

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,

CRITICALCivil cases

Applies to

Motion for continuance

Must include

proposed order

A motion for continuance must include a proposed journal entry setting a certain reassignment date; if the continuance is granted, the Court may assess costs and expenses against the moving party.

All motions for a continuance shall be accompanied by a proposed journal entry ordering the reassignment of said case for a date certain. In the event a continuance is granted, the Court may, in its discretion, assess costs and expenses against the moving party.

CRITICAL

Applies to

Fiduciary account

A fiduciary account must state the compensation paid to the fiduciary and counsel.

(4) A statement of compensation paid to the fiduciacy and his counsel.

CRITICAL

Applies to

Application for authority to write bonds

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.

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.

CRITICAL

Applies to

Attorney written opinion

The attorney of record must file a written opinion no later than the date the first account would normally be filed, stating that the estate falls within the section’s exemptions based on the fiduciary’s qualifications or required waivers on file.

the auorney of record s!iall file not later than the date the first account wo11ld nollllally be filed his written opiiiion ihar. the estate is Within the .e~emptions of this section by virtue of the qualificatjOIIS of the fiduciary andfor required waivers on file.

CRITICAL

Applies to

Appeal filings

In appeals in juvenile matters, the caption and papers must identify the child by first name and first initial of the last name, not by full name.

In any juvenile matter in which an appeal is filed, the caption of the case shall not contain the full name of the child(ren). The reference shall be to the first name and first initial of the last name. The same designation shall be used for the name in the various papers filed in the appeal.

CRITICAL

Applies to

Estate fee payment application

An estate application for payment must be written, detail the fee computation, and contain at least 25 percent of the estate’s residual beneficiaries who are competent adults.

In an estate the application for payment shall be in writing. an shall set forth in <le!ail the computl!rion of the fees. the application shall c.ontain at least 25 pelCC!)t of the residual lieneficiarles of the estate who ate competent adults.

CRITICAL

Applies to

Continuance application

An application for a continuance based on an absent witness must include an affidavit stating what the party expects the witness to prove.

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.

CRITICALCivil cases

Applies to

Motion

When submitting a motion, the moving party must also submit an order or hearing notice scheduling an oral or non-oral hearing.

At the time of the submittal of the motion, the moving party shall submit to the Court an order or notice of hearing scheduling an oral or non-oral hearing upon the motion.

CRITICAL

Applies to

Fiduciary account

Each fiduciary account must be supported by vouchers referenced to the account number, letter, or date.

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.

CRITICAL

Applies to

Application

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

(E) 11,c application shall state what. arrangement, if any, has been made with rcspe<:t to counsel fees, which fe<:s wall be subject to review by the Coun.

CRITICAL

Applies to

Attorney resignation notice

If the attorney resigns, the attorney and fiduciary must notify the Court, and the fiduciary must submit the successor attorney’s name, address, and telephone number in writing.

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,

CRITICAL

Applies to

Motion

All motions except motions for support for minor children shall be accompanied by a brief or memorandum stating the grounds thereof and citing the authorities relied upon. In the absence of such brief or memorandum, such motion may be stricken from the files.

All motions except motions for support for minor children shall be accompanied by a brief or memorandum stating the grounds thereof and citing the authorities relied upon. In the absence of such brief or memorandum, such motion may be stricken from the files.

CRITICAL

Applies to

Application to relieve estate from administration

Applications relieving an estate from administration after administration has begun must include the stated discharge language.

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,•

CRITICAL

Applies to

Fiduciary fee payment application

A fiduciary may not pay a fiduciary fee without the court’s prior written approval, and the written payment application must detail the fee computation and contain the written approvals of the fiduciary and all interested competent adults.

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.

CRITICAL

Applies to

Motion for continuance

A motion for continuance must include a judgment entry with the time and date left blank for the Court to set.

(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.

CRITICALCivil cases

Applies to

Stipulations

Stipulations must be written, approved by the parties or their counsel, and filed with the Court.

All stipulations are to be in writing, approved by the parties or their counsel, and filed with the Court.

CRITICAL

Applies to

Written extension consent

An agreed extension requires written consent filed with the Clerk and signed by all counsel of record; it need not be submitted for Court approval.

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.

CRITICAL

Applies to

Written insolvency report and hearing request

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.

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.

CRITICAL

Applies to

Pleading motion document

Must include

caption

Where appropriate, a filing’s caption must list the names and, if known, complete addresses of parties appearing in the proceedings for the first time.

In every pleading, motion or document filed on behalf of a party or parties, where appropriate, there shall be set forth in the caption the names of all parties with their complete addresses, if known, whose names appear in the proceedings for the first time.

CRITICAL

Applies to

Application

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

Prior to a fiduciary entering into a contingent fee contract witll .an attorney for services, an application for authority to enter into contract shall be filed and approved by the Court.

CRITICAL

Applies to

Fiduciary account

A fiduciary account must state the personal property other than cash on hand at period-end and identify changes in that property during the accounting period.

(2) A S:unc,rnem of personal property 01! hand, Other .than cash, at the end of the accounting m:rwd, inc-tu.ding a.st.ate.nient of any cllaiuies in tl!e property during the period coverc.d by thc.accoimt.

CRITICALCivil cases

Applies to

Pleading motion or document

Must include

caption

Every pleading, motion, or document filed for a party must identify in the caption the names and, if known, complete addresses of parties appearing for the first time.

In every pleading, motion, or document filed on behalf of a party or parties, there shall be set forth in the caption the names of all parties with their complete addresses, if known, whose names appear in the proceedings for the first time.

CRITICAL

Applies to

Witness examination request

A request for examination of witnesses must be in writing and 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.

CRITICAL

Applies to

Attorney fee payment application

A fiduciary may not pay an attorney fee without the court’s prior written approval, and the written payment application must detail the fee computation and contain the written approvals of the fiduciary and all interested competent adults.

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.

CRITICAL

Applies to

Application

Estate-administration attorney fees may not be paid before the final account is prepared for filing unless the Court approves payment upon application and for good cause shown.

Attorney fees for the administration of estates shall not be paid until the final account is prepared for filing unl\:ss Qthel'Wise approved by lhe Coun llP<>n application and for good cause shown.