Logan County Court of Common Pleas, Ohio Document Filing Requirements

CRITICALCriminal cases

Defense counsel must ensure all required ILC materials are in the court file by noon on the Friday before the final hearing.

Mandatory Requirements To Obtain Grant of Motion for ILC – To obtain a grant of a motion for ILC, defense counsel must ensure the following items are in the Court's file by 12 PM on the Friday before the final hearing:

CRITICALCriminal cases

Applies to

Ilc motion

The release of information should be completed no later than during the preliminary hearing on the motion for ILC. It is defense counsel's obligation to ensure that a proper release of information form is completed and provided to the Court.

The release of information should be completed no later than during the preliminary hearing on the motion for ILC. It is defense counsel's obligation to ensure that a proper release of information form is completed and provided to the Court.

CRITICALCriminal cases

Applies to

Ilc motion

A speedy trial waiver. The speedy trial waiver should be completed no later than during the hearing on the preliminary motion for ILC. It is defendant counsel's obligation to ensure that a proper speedy trial waiver is completed and provided to the Court.

A speedy trial waiver. The speedy trial waiver should be completed no later than during the hearing on the preliminary motion for ILC. It is defendant counsel's obligation to ensure that a proper speedy trial waiver is completed and provided to the Court.

CRITICALCriminal cases

Applies to

Ilc motion

Defense counsel must verify by noon on the Friday before the final ILC hearing that all items listed in the order are in the Court's file.

It is the obligation of defense counsel to verify by 12 PM on the Friday before the final hearing on the motion for ILC that all items listed in this entry are in the Court's file.

CRITICALCriminal cases

Applies to

Ilc evaluator submission

Every ILC evaluator must receive Court approval before the final hearing on the ILC motion.

All ILC evaluator's must be approved by the Court prior to the final hearing on the motion for ILC.

CRITICALCriminal cases

Applies to

Ilc evaluator submission

To obtain Court approval, an ILC evaluator must provide the Court with a contact person's name, direct phone number, and email.

To obtain approval, the ILC Evaluator must provide the Court with the following: (a) the name of a contact person working at the ILC Evaluator; and (b) the direct phone number and email of the contact person so that Beckie Schmelzer or another member of the Court's staff can make contact immediately with the contact person if necessary.

CRITICALCriminal cases

Applies to

Written assessment

The provider or credentialed professional must give defense counsel a written assessment in time for counsel to provide it to the Court by the Friday before the final ILC hearing; the evaluator may also provide a courtesy copy, but that does not shift counsel’s obligation.

The community addiction services provider or the properly credentialed professional shall provide a written assessment to the defendant's counsel in a timely manner so that the defendant's counsel can provide the assessment to the Court by the Friday prior to date of the final hearing on the motion for ILC. The ILC Evaluator also may provide a courtesy copy of the assessment to Beckie Schmelzer at the Court, but nothing herein shall be interpreted as shifting the obligation to obtain and provide the assessment from defendant's counsel to Beckie Schmelzer or anyone else at the Court.

CRITICALCriminal cases

Applies to

Ilc report

The ILC Report should include an incident-facts summary, the defendant’s assessed diagnosis, a specific description of the intervention programming, and enough information to address the listed substance-use or behavioral-factor and compliance questions; it need not include every supporting question or response.

At a minimum, the ILC Report should contain: ✓ A summary of the incident facts that the Evaluator is using in determining whether drug or alcohol usage was a factor leading to the criminal offense or the mental illness or intellectual disability was a factor leading to the defendant's criminal behavior. ✓ The Defendant's Assessed Diagnosis ✓ A non-generic or non-boilerplate description of the programming formulated for the defendant's intervention plan. ✓ It is not necessary to provide the Court or parties with every question, response or memorialization used to support the Assessment and Intervention Plan. The prosecutor, defense attorney and Court just require sufficient information to be able to answer: ✓ Whether drug or alcohol usage was a factor leading to the criminal offense or the mental illness or intellectual disability was a factor leading to the Defendant's criminal behavior ✓ Whether the Defendant is willing to comply with all terms and conditions of court orders, including faithful attendance to, and engagement in, treatment programming.

CRITICAL

Applies to

Case document

All case documents filed with the Court must omit personal identifiers.

"Personal Identifiers" as defined by Sup. R. 44 (H), Court Records must be omitted from all case documents that are filed with this Court.

CRITICAL

Applies to

Case document

The filing party is solely responsible for ensuring personal identifiers are omitted.

The filing party; pursuant to Sup. R. 45 (D) (1) and (3) is solely responsible for assuring that the personal identifiers are omitted.

CRITICAL

Applies to

Probate form

Must include

caption

All forms used in probate proceedings must use the specified caption.

The following caption shall be used, respectively, on all forms in probate proceedings: LOGAN COUNTY FAMILY COURT PROBATE DIVISION DAN W. BRATKA, JUDGE KIM KELLOGG-MARTIN, JUDGE

CRITICAL

Applies to

Pleading and motion

Must include

caption

All pleadings and motions must use the specified caption.

The following caption shall be used, respectively, on all pleadings and motions: IN THE COMMON PLEAS COURT OF LOGAN COUNTY, OHIO FAMILY COURT – PROBATE DIVISION

CRITICAL

Applies to

Continuance or extension request

Continuance or extension requests for inventories and accountings must show the fiduciary’s approval by signature or another means, including telephonic or written communication.

Continuances or requests for extensions of time for filing inventories and accountings in estates, guardianships, and trust proceedings said continuance requests must contain the signature of fiduciary indicating the approval of the fiduciary, or such approval may be shown by other means such as, including but not limited to telephonic and/or written communication.

CRITICAL

Applies to

Standard probate form 1 0

When a next of kin takes per stripes, Standard Probate Form 1.0 must state the deceased parent’s name and relationship to the decedent.

When a next of kin takes per stripes, the name of the deceased parent and the parent's relationship to the decedent shall be stated on the standard probate form 1.0.

CRITICAL

Applies to

Judgment entry

A submitted judgment entry must include either proof of service on opposing counsel or indicate opposing counsel’s approval.

The judgment entry submitted shall contain either proof of service to opposing counsel or indicate approval of opposing counsel.

CRITICAL

Applies to

Due diligence affidavit

A due-diligence affidavit must describe steps and procedures that would be expected to locate an individual’s address using available resources.

In interpreting the definition of "due diligence" the Court shall require an affidavit to be filed with steps and procedures that an individual would expect to be successful in locating an address of an individual by using available resources.

CRITICAL

Applies to

Facsimile filing

A facsimile filing must include a cover sheet with the specified court, case, transmission, page-count, and sender information.

If a document is sent by facsimile to the Logan County Probate Court for filing it must be sent with a cover sheet that includes: Name of Court, title of case, case number, title of documents being filed, date of transmission, transmitting fax number, indication of number of pages in facsimile, name and address of sending party.

CRITICAL

Applies to

Fiduciary filing

Documents requiring a fiduciary’s signature must bear the fiduciary’s original signature; an attorney cannot sign for the fiduciary, and a filing with a co-fiduciary’s missing signature must explain the absence and efforts to obtain it, subject to CLR 56.2.

Every pleading, filing or other documents by law or rule requiring the fiduciary's signature shall have the original signature of the fiduciary. The attorney may not sign for the fiduciary. When co-fiduciaries have been appointed, each fiduciary must sign original filing or the filing must explain the reason for the absence of the fiduciary's signature and the efforts made to obtain signature. (Exception CLR 56.2)

CRITICAL

Applies to

Application to probate will

The fiduciary and attorney must file the required charitable-trust notice and a copy of the Will with the Ohio Attorney General, and endorse a statement of compliance on the application.

It is the responsibility of the fiduciary and attorney to file the notice required by Ohio Revised Code Section 109.26, charitable trust together with a copy of the Will with the Ohio Attorney General. A statement that this has been done shall be endorsed on the application.

CRITICAL

Applies to

Motion to deposit will for safekeeping

For a Last Will and Testament deposited with the Court for safekeeping by Motion and Judgment Entry after the testator's death, the specified surviving-spouse, next-of-kin, legatees-and-devisees form must be filed.

Any Last Will and Testament that is being deposited with the Court for safekeeping by Motion and Judgment Entry after the death of testator a (1.0) surviving spouse, next of kin, legatees and devisees form shall be filed.

CRITICAL

Applies to

Will deposit request

If the original will is not being admitted to the Court and will be filed with the Short Release from Administration application, an application and judgment entry to deposit the will are required.

The Court will require an application and judgment entry to deposit the will if an original will is not being admitted to the Court and is going be filed with the application of Short Release from Administration.

CRITICAL

Applies to

Notice of hearing

Must include

certificate of service

Notice given by regular mail must be verified by an affidavit of service using the Local Form.

Such notice shall be given by regular mail by the fiduciary, verified by an affidavit of service (Local Form) and further by publication pursuant to Rule 73 (E) (7).

CRITICAL

Applies to

Inventory

An inventory listing real estate must include its description before Court approval; if no appraiser is appointed, the Court will accept the County Auditor’s tax evaluation and description.

Inventories of executors, administrators, trustees, or guardians that list real estate as an asset must include the real estate description before obtaining Court approval. The Court will accept the County Auditor’s tax evaluation and description if an appraiser is not appointed.

CRITICAL

Applies to

Inventory

An inventory listing a motor vehicle at zero value must state that the vehicle is inoperable or has salvage value as the reason for that valuation.

To list a “0” value for a motor vehicle on an Inventory filed, must state as to why the vehicle is valued at “0” due to being “inoperable” or ‘salvage value’.

CRITICAL

Applies to

Medicaid estate recovery notice

Consistent with Ohio Revised Code Section 2117.061 and any amendments thereto, in each estate, the fiduciary or other representative shall investigate whether the decedent’s estate is subject to a claim of the Medicaid Estate Recovery Program. Following such investigation, the fiduciary, shall do one of the following: 1. Notify the Administrator of the Medicaid Estate Recovery Program on the form provided by the Administrator of the Medicaid Estate Recovery Program by filing such form with the Probate Court, and transmitting a copy of said form directly to: Medicaid Estate Recovery 30 East Broad Street, 14th Floor Columbus, OH 43215

Consistent with Ohio Revised Code Section 2117.061 and any amendments thereto, in each estate, the fiduciary or other representative shall investigate whether the decedent’s estate is subject to a claim of the Medicaid Estate Recovery Program. Following such investigation, the fiduciary, shall do one of the following: 1. Notify the Administrator of the Medicaid Estate Recovery Program on the form provided by the Administrator of the Medicaid Estate Recovery Program by filing such form with the Probate Court, and transmitting a copy of said form directly to: Medicaid Estate Recovery 30 East Broad Street, 14th Floor Columbus, OH 43215

CRITICAL

Applies to

Final accounting or report of distribution

Before approval of the final accounting or report of distribution, a statement or affidavit must be filed addressing the status of each claim or showing that status on the final accounting.

Either a statement or affidavit must be filed regarding the status of each claim filed with the Court or the status shown on the final accounting, before the approval of the final accounting or approval of the report of distribution.

CRITICAL

Applies to

Notice

The notice under O.R.C. Section 2117.17 must state the proposed calculated distribution amount for each claimant.

The notice provided for by O.R.C. Section 2117.17 shall also provide to the creditor the proposed calculated amounts to be distributed to each claimant.

CRITICAL

Applies to

Account

Account approval requires filing the Appendix A Attorney Certification, which must include the language of probate standard form 13.9 and thereby waives the separate form requirement.

2. Attorney Certification (Appendix A) has been filed. Included in Attorney Certification the language of probate standard form 13.9, therefore waiving the requirement to the 13.9 form.

CRITICAL

Applies to

Account

Account approval requires the applicable Appendix B schedule: Part I stating the basis for attorney-fee calculations under Local Rule 71.2, or Part II documenting consent by all beneficiaries to the fees taken.

3. Schedule (Appendix B, Part I or Part II whichever is applicable) Appendix B, Part I (Attorney Fee Statement) states the basis for calculations of attorney fees by local rule 71.2 guidelines or (Appendix B, Part II) consents given by all beneficiaries to the attorney fees taken.

CRITICAL

Applies to

Application for hourly attorney fee contract

An application to contract for hourly attorney fees must receive the judge’s approval on fees before the account is filed and is subject to a hearing without beneficiary consents.

A). Application to enter into contract for attorney fees on an hourly basis shall have the judge's approval on fees before filing of account (Appendix C) subject to hearing without consents by all beneficiaries.

CRITICAL

Applies to

Account

Account approval requires written beneficiary-signed receipts for distributions received from estate assets.

4. Written receipts signed by beneficiaries for distribution that was received from estate assets.

CRITICAL

Applies to

Account

If real estate was sold during the accounting period, the closing statement must be attached to the accounting.

5. Closing statement attached to accounting, if real estate was sold during accounting period.

CRITICAL

Applies to

Partial account

When filing a partial account, a fiduciary must exhibit all intangible property and verify all accounts or cash balances with a current letter from the financial institution holding the funds.

A fiduciary must exhibit all intangible property to the Court at the time of filing a partial account, all accounts or cash balances must be verified by a current letter from the financial institution in which the funds are deposited.

CRITICAL

Applies to

Land sale proceeding

In land sale proceedings, the plaintiff must file a certification of title to prove evidence of title, unless the Court modifies the requirement.

In all land sales proceeding prior to the issuance of the sale being necessary, the plaintiff shall file a certification of title to prove the evidence of title, unless modified by the Court.

CRITICAL

Applies to

Guardian appointment

A guardian applicant must complete and sign an acceptance of duties and responsibilities in the Court's presence before the Court approves the appointment.

Each guardian applicant shall complete and sign acceptance of duties and responsibility of guardian in the presence of the Court prior to the Court approving the applicant's appointment to become a Guardian for a ward.

CRITICAL

Applies to

Guardian inventory

A guardian’s inventory must include a list of the ward’s important legal papers and their locations, if known when the inventory is filed.

The guardian, as part of the inventory, shall file with the probate division of the court of common pleas a list of all of the ward's important legal papers, including but not limited to estate planning documents, advance directives, and powers of attorney, and the location of such legal papers, if known at the time of the filing on the Guardian's Inventory.

CRITICAL

Applies to

Guardian annual report

Court-appointed guardians must complete the required initial and annual education courses and file proof of completion on the appointment anniversary as an attachment to the annual report.

Each Court-appointed Guardian shall successfully complete and provide proof of completion to the Court, a six-hour guardian educational course provided by the Supreme Court of Ohio pursuant to Superintendence Rule of Ohio 66.06 (A) and each succeeding year thereafter, a three-hour guardian educational course provided by the Supreme Court of Ohio pursuant to Superintendence Rule of Ohio 66.07 (A) proof of completion shall be filed with the Court on the Guardian's anniversary date of appointment, attachment to the Guardian's annual Guardian's report.

CRITICAL

Applies to

Statement of facts

Counsel must file a statement of facts before the hearing or be prepared to make an oral statement of facts on the record at the hearing.

Counsel shall file with the Court prior to hearing a statement of facts, Superintendence Rule 68 (B), or be prepared to give an oral statement of facts for the record at the time of hearing.

CRITICAL

Applies to

Statement of facts

Counsel must file a statement of facts before the hearing or be prepared to make an oral statement of facts on the record at the hearing.

Counsel shall file with the Court prior to hearing, a statement of facts, Superintendence Rule 69 (B), or be prepared to give an oral statement of facts for the record at the time of hearing.

CRITICAL

Applies to

Report of distribution

After distribution in a wrongful death settlement, the applicant or counsel must file a report identifying the recipients and amounts distributed.

After distribution is made in a wrongful death settlement, the applicant or counsel shall file a report detailing the parties to whom distribution was made and the amounts.

CRITICAL

Applies to

Proof of distribution

The Court requires proof that expenses were distributed from settlement assets, including payment of a Medicaid Recovery claim if required; if the distribution includes a structured settlement, proof of its purchase and its named beneficiary is also required.

The Court shall require proof of distribution of expenses from settlement assets; including payment of claim of Medicaid Recovery if required; if distribution of settlement includes a structured settlement the Court shall require proof of the purchase of said structured settlement and named beneficiary of structured settlement.

CRITICAL

Applies to

Application for extraordinary fees

An application for extraordinary fees must have attached time records, and a description of the extraordinary services and the hourly rate must be available at the hearing.

In this instance, the application must have time records attached and a description of extraordinary services rendered together with the hourly rate charged must be available at hearing.

CRITICAL

Applies to

Petition for step parent adoption

A step-parent adoption petition must be accompanied by a local-form affidavit signed by a natural parent confirming notice to any Child Support Agency with an active support order.

Upon filing a Petition for Step-parent Adoption, an affidavit signed by a natural parent that he/she has notified any Child Support Agency that has an active support order of the adoption proceedings. (Local Form)

CRITICAL

Applies to

Home study

Home studies and required attachments must be current within one year unless the Court waives the requirement for good cause.

The Court shall require all home studies and required attachments to be current (within 1 year), unless waived by Court for good cause.

CRITICAL

Applies to

Adoption

The Putative Father Registry must be searched and the results filed in all adoptions unless a court has determined a legal father.

Putative Father Registry shall be searched, and results filed with the Court on all adoptions, unless a legal father has been determined by a Court.

CRITICAL

Applies to

Petition for adoption

Further, birth certificates filed with the Petition for Adoption shall be obtained within 6 months of filing said Petition.

Further, birth certificates filed with the Petition for Adoption shall be obtained within 6 months of filing said Petition.

CRITICAL

Applies to

Brief

Briefs addressing legal issues must be submitted at the final pre-trial decisions.

Briefs on any legal issues shall be submitted,

CRITICAL

Applies to

Jury instructions

Proposed jury instructions must be submitted at the final pre-trial decisions.

Proposed jury instructions shall be submitted,

CRITICAL

Applies to

Jury interrogatories

Proposed jury interrogatories must be submitted at the final pre-trial decisions.

Proposed jury interrogatories shall be submitted,

CRITICALCivil cases

Applies to

Petition

Each petition must include the Information Sheet, the Respondent’s date of birth or social security number, and an address for service on the Respondent.

All petitions shall be accompanied by the Information Sheet and shall include a date of birth or social security number of the Respondent and an address where the Respondent may be served.

WARNING

Applies to

Standard probate form 45 d

Omitted personal identifiers may be filed on Standard Probate Form (45 D), which is not a public record.

When first omitted from a filing, the omitted personal identifiers may be filed on Standard Probate Form (45 D) which will not be a public record.

WARNING

Applies to

Initial papers and next pleading after change of counsel

The required Rule 57.1(2) information, including the bar registration number, is required with the initial papers only, but must be included in the next pleading after a change of counsel.

The information required by Rule 57.1 (2), including bar registration number is only required by this Court once, at the time of filing the initial papers in a case and need not be repeated on every filing unless there is a change of counsel in that event, the bar registration must be included on the next pleading filed.

WARNING

Applies to

Standard probate form 1 0

Information required on Standard Probate Form 1.0 need be filed only once; if it changes, an amended form containing the updated information should be filed.

The information required on the Standard Probate Form 1.0 need only be filed once unless there is a change, in which event an amended form 1.0 should be filed containing the updated information.

WARNING

Applies to

Exhibit

Exhibits offered for admission at a hearing or trial must be labeled with the party name and item identification as directed by the Court Reporter.

All exhibits offered for admission during a hearing or trial shall be labeled by party name and item identification as directed by the Court Reporter.

WARNING

Applies to

Complaint

A verbal complaint must be reduced to writing unless it is alleged by a ward.

A verbal complaint shall be reduced to writing with the exception of a complaint alleged by a ward.

WARNING

Applies to

Complaint

The Court will not accept anonymous complaints.

The Court will not accept an anonymous complaint.

WARNING

Applies to

Attorney fee application

In a solvent estate where the fiduciary is also the sole beneficiary, no attorney-fee application is required if payment of the fee is included in the fiduciary’s accounting.

Payment of the fee is included in an accounting filed by the fiduciary that is also the sole beneficiary of a solvent estate.

WARNING

Applies to

Attorney fee application

No attorney-fee application is required if all beneficiaries consent in writing to the specific amount and the consent instrument bearing the estate caption is filed with the account, or if the C.L.R. 71.2 percentage guidelines are followed and an Attorney Fee Statement is filed.

If all beneficiaries consent in writing to the specific dollar amount to be paid and such consent instrument containing the caption of the estate is filed with the account (Appendix B, Part II) is filed or percentage guidelines by C.L.R. 71.2 are followed and Attorney Fee Statement (Appendix B, Part I) is filed.

WARNING

Applies to

Attorney fee application

A hearing is not required on an attorney-fee contract application if the application and approving order contain the specified information and recitation.

In Guardianships and Trusts, no hearing shall be required upon an application to enter into contract for (Appendix C) attorney fees if it is signed by the fiduciary, contains an itemized time sheet statement of legal services performed, applicable hourly rate, and the order approving the fee requested recites that credit may be taken for the allowed fee in an accounting which is subject to exceptions as provided by law.

WARNING

Applies to

Attorney fee statement

Complete the applicable portion of the attorney fee form.

(Complete (A) portion of form or complete (B) portion whichever is applicable)

WARNING

Applies to

Affidavit of service of notice

The affidavit of service of notice states that waivers of notice are attached.

Waivers of notice are attached.

INFO

Applies to

Case document

Subsequent references to an identifier may use its last four digits.

Thereafter subsequent reference to a particular identifier may be made by reciting the last four digits of the identifier.

INFO

Applies to

Outside counsel response

To protect title to real estate in which the decedent had an interest, filing any Outside Counsel response with the Court is recommended.

It is recommended that, to protect the title to probate or non-probate real estate in which the decedent owned an interest, that any response of Outside Counsel be filed with the Court