Licking County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Affidavit

A sale cannot be confirmed until the affidavit required by the cited statutes is filed.

No sale shall be confirmed until an affidavit is filed as required by R,C, 2109.45 ai;id 2113.2.

CRITICAL

Applies to

Petition

The petition must allege facts surrounding the placement, including but not limited to information about friends, relatives, doctors, and attorneys.

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.

CRITICAL

Applies to

Entry

Must include

caption, case number

Entries submitted for filing, including standard entries on uniform probate forms, must have a caption stating the decedent’s or ward’s name and the case, docket, and page numbers.

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;

CRITICAL

Applies to

Trustee compensation schedule

A separate trustee-compensation computation schedule conforming to the prescribed form must be filed with the Court.

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:¢.

WARNINGCivil cases

Applies to

Entry

If all opposing parties or counsel approve, a party may submit an entry granting the motion; the entry must include an approval line for each party or counsel of record and affirmatively indicate approval by all opposing parties or counsel.

If the approval of all opposing parties or their counsel is obtained, a party may submit to the Court an entry granting the motion. The entry shall contain an approval line for each party or their attorney of record and shall affirmatively indicate that all of the opposing parties or their counsel have approved it.

WARNING

Applies to

Attorney fee payment application

If required approvals are absent or an interested party is a minor or otherwise incompetent, the court may schedule a hearing before approving attorney-fee payment.

However. if the necess;uy approvals are not given or some of the interested parties are minors or are 01henvise incompetent, the Court may sctledule the mater for hearing prior 10 giving approval.

WARNING

Applies to

Partial account

The Court may require all assets to be exhibited when a partial account is filed.

The Cour; rnay require that allassets b~ exhibited lit the time of filing a partial account.

WARNINGCivil cases

If approval or rejection is not communicated, the preparing counsel may immediately present the entry to the Trial Court for signature and filing without approval.

If approval or rejection of an entry is not communicated to the counsel preparing the entry, such counsel may forthwith present an entry to the Trial Court for signature and filing without such approval.

WARNING

Applies to

Fiduciary fee payment application

If required approvals are absent or an interested party is a minor or otherwise incompetent, the court may schedule a hearing before approving fiduciary-fee payment.

However, If the necessa,y 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 appfl)val.

WARNING

Applies to

Proper returns and original notice of hearing

Once proper returns are obtaine(I, (hey should be fil~ with !he court, along with the original na'tice of hearing, on or before the date scheduled for the hearing.

Once proper returns are obtaine(I, (hey should be fil~ with !he court, along with the original na'tice of hearing, on or before the date scheduled for the hearing.

WARNINGCivil cases

Applies to

Judicial sale title requirements

If the plaintiff’s complaint is dismissed before the sale but counterclaims or cross-claims keep the action pending, the next-priority lien claimant must comply with Rule 20.

(F) If the plaintiff’s complaint is dismissed prior to the judicial sale, but the action is nonetheless pending due to counterclaims or cross-claims, the party which has asserted a claim based on a lien, which is next in priority to plaintiff’s shall comply with the requirements of this rule.

WARNING

Applies to

Application for compensation

Additional compensation for extraordinary services or expenses may be granted on application; compensation for guardians of the person only is allowed on application and entry.

Additi.onal compensation for ex1raordinary services or allowance for expenses may be granted !on application. Compensation of g\lardians of the person only sba)l .be allowed on ripplication and entry.

WARNING

Applies to

Compensation application

In proper cases, the Court may require a compensation application to be set for hearing with written notice to interested parties; that notice must state the amount requested.

The Court may req1,1ire in proper cases ihat a!lY application for compensation be set for hearing and written notice thereof be giv¢n t .alt interested parties in the manner directed by the Court, in which event said noticc shall contain a statement of the amount of compensation applied for.

WARNING

Applies to

Estate fee payment application

The Court will consider the request without a hearing if the application has the necessary approvals, but may schedule a hearing if approvals are lacking or some residual beneficiaries are minors or otherwise incompetent.

If the application contitlns the necessary approvals, the Court will consider rhe request without a heating. However, if !he necessacy approvals are not given or some of the. residllllY benefici~es are tuinol'$ or are otherwise incompetent, the Court may schedule the !lllltter (or he~g. prior to .giving approval.

WARNINGCivil cases

Applies to

Pretrial statement

The Court may schedule multiple pretrial conferences and may suspend the requirement to file and serve a pretrial statement for any pretrial conference.

The Court, in its discretion, may schedule more than one pretrial conference in any case, and it may suspend the requirement for the filing and service of a pretrial statement pertaining to any pretrial conference.

WARNING

Applies to

Compensation application

Additional compensation for extraordinary services or expenses may be granted upon application and entry.

Additional compensation for extraordinary services or allow,!llcc for expenses may be gtanted O!l application and entry.

WARNING

Applies to

Hearing notice

The Court may require a hearing on an application for fees or compensation and may require written notice stating the hearing’s time and place and the amount applied for.

The Court may require that appljcations for fees or compensation be set for hearing and that wri.tten notice of the time and place of the hearing and the.lUIIOWlt applied for, be giv.en as required by the Court.

WARNING

Applies to

Proper returns

Procedure. On¢ proper retulllS are obtai®d, !hey should be filed with the Court, along with the original notice of hearing, on or before the date scb;eiluled !qr the hearing,

Procedure. On¢ proper retulllS are obtai®d, !hey should be filed with the Court, along with the original notice of hearing, on or before the date scb;eiluled !qr the hearing,

WARNINGCivil cases

Applies to

Pretrial memorandum

At the pretrial conference, the Court may require the parties or their attorneys to complete a Court-provided pretrial memorandum.

At the time of the pretrial conference, the parties or their attorneys may be required to complete a pretrial memorandum provided by the Court.

WARNING

Applies to

Compensation application

Additional compensation for extraordinary services or expenses may be granted upon application.

Additional toinpensation for ei\'.traordinary servici:s or ;i!lpwMCC ror .expenses may be granted on appl\cnti<m.

WARNING

Applies to

Compensation application

In proper cases, the Court may require a compensation application to be set for hearing and written notice to be given to all interested parties.

The Coun may require in proper cases that any application for compensation set for hcarini: ani.l written notice ihercof be given to all interested parties

INFOCivil cases

Applies to

Complaint

The court requests, but does not require, that each complaint’s caption designate the action category as one of the listed categories.

It is requested that each complaint filed contain in the caption thereof a designation of the category of said action, which category shall be one of the following: (1) Personal Injury (2) Workers Compensation (3) Appropriation (4) Criminal (5) Domestic Relations (6) Tax Foreclosure (7) Other Case

INFOCivil cases

Applies to

Response to request for information

A respondent may omit any or all of the information listed on the response form.

NOTE: It is not necessary to submit any or all of the information listed below.

INFOCivil cases

Applies to

Subpoena

An attorney who has appeared for a party may sign and issue a subpoena on behalf of the Court.

An attorney who has filed an appearance on behalf of a party in an action may also sign and issue a subpoena on behalf of the Court in which the action is pending.

INFO

Applies to

Partial account

Cash balances may be verified using a bank statement, passbook, or current letter from the financial institution certifying the fiduciary’s deposit balance.

C:ilS!l balancc;s may be verified by exhlbiting. a bank stat~nt. passbook. or a cu.rent let.rer · from the financial institution in Which th!? funds are. deposited cenifying the. amount of funds on deposit to the credit of the liduciary.

INFO

Applies to

Brief

The Court may require any or all parties to provide a brief on any or all case issues at a time it designates.

G. The Court may require the parties, or any one of them, to furnish the Court with a brief as to any or all of the issues in the case at such time as the Court may designate.

INFO

Applies to

Application

The application may include a current physician's statement about the injuries, extent of recovery, and prognosis.

(B) The applil:ation may be accompanied by a C11rrent statement of the examining p)lysician in respect to the injuries sustained, the extent of reoovery thereof, and .\Ile phyJician's prognosis.

INFO

Applies to

Affidavit

Either party may file additional affidavits supporting or opposing the support request.

Either party may file other affidavits in support of or opposing said request.

INFO

Applies to

Application

The application may include a current statement from the examining physician and the physician's prognosis.

(B) The applicaµon may be acoompanied by a ~ent .s.~ment of the exanuiung physician in respect thereof, and the physician's prognosis.

INFO

Applies to

Partial account

Assets held by a bank, trust company, brokerage firm, or other financial institution may be exhibited by proper certification of those assets.

if the assets are held by a bank, trust company. broker.ige finn, or Other financialjnstitution, such ex.hibition may be made by proper cenification as to the assets· so held.

INFO

Applies to

Short form release and journal entry

A short-form release and journal entry on the Court-prescribed form may be filed when the estate assets are under $6,000, there is a surviving spouse or minor children, and evidence shows the funeral bill has been paid to the extent of the estate-priority allowance.

A. shon form rdease and journal entry on the form prescrilieo .by the Court may be filed in each case. where the assets of the e.state are less than six thousanll doilafS and thereds a surviving spouse onninor children and evidence is presented at the time of the filing that establishes tbefuneral bill t.a the ei11:nt of the estate priotity allowance has been paid.

INFO

Applies to

Asset examination

For good cause, the Court may designate a deputy clerk to examine assets located in the county that are not physically exhibited, or appoint a commissioner to examine assets located outside the county.

For gQod cause shown, the 'Co\lrt may designate a deputy clerk of the Court to make an examination of the assets located in the county. not physically exhibited to the Court. or may appoint a commissioner for that purpose if the assets are located outside the county.

INFO

Applies to

Complaint

Each complaint is requested to designate in its caption the action category: Dependent, Neglected, Abused, Unruly, Delinquent, Paternity, Contributing, Criminal Non-Support, or Complaint for Custody.

It is requested that each complaint filed contain in the caption thereof a designation of the category of said action, which category shall be one. of the following: 1. Dependent 2. Neglected 3. Abused 4. Unruly 5. Delinquent 6. Paternity 7. Contributing 8. Criminal Non-Support 9. Complaint for Custody

CRITICAL

At least one filed document must provide the fiduciary’s, other parties’, and counsel’s names, current addresses, and telephone numbers; the rule also applies to non-probate estates on bond.

After the date of the adoption of this rule, all tiles must on at lease one document filed contain the nam~. current address and telephone number of 1hc tiducill}', other parties. and their counsel. '!'he provisiims off~ rule ;ipply to non-;llOi'!'Qtl!te $~ies 011 bon9.