Morgan County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Petitioners accounts

Petitioner's accounts must be filed in adoption cases, except step-parent adoptions proceeding without an attorney as permitted by subsection (A).

(G) Petitioner's accounts shall be filed in all adoption cases, with the exception of step parent adoptions proceeding without an attorney as allowed by (A) of this section.

CRITICAL

Applies to

Fiduciary filing

Documents requiring a fiduciary’s signature must bear the fiduciary’s original signature; each co-fiduciary must sign or the filing must explain the missing signature and efforts to obtain it.

Every pleading, filing, or other document by law or rule requiring the fiduciary’s signature shall have the original signature of the fiduciary. The attorney for the fiduciary may not sign for the fiduciary. When co-fiduciaries have been appointed, each fiduciary must sign the filing or the filing must explain the reason for the absence of a co- fiduciary’s signature and the efforts made to obtain it.

CRITICAL

Applies to

Fiduciary account or certificate of termination

Attorney fees charged while representing a fiduciary must be disclosed on the fiduciary’s account or certificate of termination, regardless of who pays them.

All fees charged by an attorney representing a fiduciary in matters before this Court, including but not limited to work on decedents' estates, guardianships, conservatorships, and testamentary trusts, must be disclosed on the fiduciary's account or certificate of termination regardless of the source of payment.

CRITICAL

Applies to

Proposed judgment entry

The proposed judgment entry confirming the sale must state the gross proceeds and include an itemized proposed closing statement.

The proposed judgment entry confirming sale, ordering issuance of deed and ordering distribution shall show the gross amount of the proceeds and include a copy of the proposed closing statement itemizing all of the proposed disbursements.

CRITICAL

Applies to

Account

Each accounting must show changes in investments since the preceding account.

The accountings shall show any changes in investments since the last previous account.

CRITICAL

Applies to

Guardian application

A guardian appointment applicant must complete and file the Guardian’s Credibility form.

Additionally, an applicant for appointment shall complete and file a Guardian's Credibility form (Loc. F. 66.05A).

CRITICAL

Applies to

Motion to suppress

A motion to suppress must specify the items of evidence at issue.

In Motions to Suppress, the items of evidence in question shall be specified.

CRITICAL

Applies to

Time and service records

When an attorney serves as fiduciary and an attorney is attorney of record, detailed records must describe time and services in both capacities.

In all matters where an attorney is serving as fiduciary of the estate, guardianship, or trust, and that attorney or another is the attorney of record, detailed records shall be maintained describing time and services as fiduciary and any time and services as attorney.

CRITICAL

Applies to

Trustee compensation application

A trustee compensation application must be supported by Loc. F. 74.1A and use the stated fee schedule.

Loc. F. 74.1A (Calculation of Trustee Compensation) shall be filed in support of the application and using the following fee schedule:

CRITICAL

Applies to

Inventory

Where court approval is required for transferring other assets, the inventory must be filed before the Court will approve distribution, sale, or expenditure of estate or guardianship property, subject to the stated motor-vehicle exception.

Where Court approval is required for the transfer of other assets, the Court will not approve the distribution, sale, or expenditure of any other property of the estate or guardianship (other than motor vehicles when expressly approved for transfer pursuant to the preceding paragraph) prior to the filing of the inventory.

CRITICAL

Applies to

Extension request

An extension request must be signed by the attorney and fiduciary and must state any previous extension requests.

The attorney and, pursuant to Sup.R. 78(B)(2), the fiduciary, must sign any request for an extension of time and each request must recite any previous requests for an extension.

CRITICAL

Applies to

Custody affidavit

The custody affidavit must state the child’s residences for the past five years and with whom the child lived at each residence.

Beginning with the Child's present address, state where the child lived within the last FIVE years and with whom the child lived during that period.

CRITICAL

Applies to

Account

The Court will not approve an account that fails to account for all assets.

The Court will not approve accounts that fail to account for all of the assets.

CRITICAL

Applies to

Custody affidavit

The affiant must indicate whether they know of other cases that could affect the current case and, if applicable, list the case number, case type, and court name and address.

Said affiant (circle one) DOES/DOES NOT HAVE information of any other cases that could affect the current case, including any cases relating to custody, domestic violence or protection orders, dependency, neglect or abuse allegations or adoptions concerning any child subject to this case. Please list the case number, the type of case, and the name and address of the Court.

CRITICAL

Applies to

Land sale action

The county treasurer where the real estate is located must be named as a party in every land sale action.

The treasurer of the county in which the real estate is located shall be named as a party in all land sale actions.

CRITICAL

Applies to

Complaint

The plaintiff's attorney must file with the complaint a statement from the Morgan County Engineer's Office about whether the property description is acceptable for deed transfer.

In any real property sale action the attorney for the Plaintiff shall secure from the Morgan County Engineer's Office, and file a statement reflecting whether the description of the real property is, or is not, acceptable for deed transfer purposes simultaneously with the Complaint.

CRITICAL

Applies to

Journal entry

If counsel cannot agree on the Entry, each must submit its respective Entry to the trial judge, who will direct what Entry is to be made.

If Counsel are unable to agree upon the Entry their respective Entry shall be submitted to the trial Judge who will then direct what Entry shall be made.

CRITICAL

Applies to

Custody affidavit

The affiant must indicate whether a nonparty has or claims custody or visitation rights and, if applicable, list that person’s name and address.

Said affiant (circle one) DOES/DOES NOT KNOW of any person who is not a party to this case who has physical custody or claims to have custody or visitation rights with respect to the child. Please list the name and address of any said individual.

CRITICAL

Applies to

Entry

When a minor’s estate has no guardian, the specified attorney must ensure immediate deposit of the funds into a restricted-access custodial account and provide the financial institution with a copy of the deposit Entry.

Pursuant to Sup.R. 67(C), in the absence of a guardian for the estate of a minor, the attorney representing the applicant, or if there is no attorney for the applicant, then the attorney representing the payor in the matter is responsible to assure the direct and immediate deposit of the funds into a restricted access custodial depository account pursuant to R.C. 2109.13 and provide the financial institution with a copy of the Entry directing the deposit.

CRITICAL

Applies to

Will deposited for safekeeping

A will deposited with the Court for safekeeping must be accompanied by a completed Will for Deposit form.

Any will that is being deposited with the Court for safekeeping pursuant to R.C. 2107.08 shall be accompanied by a completed Will for Deposit form (Loc. F. 59.2A).

CRITICAL

Applies to

Filing

Must include

case number

Each filing page, including attachment pages, must show the case number in its upper portion unless that page bears the case caption.

All filings, including attachments, must have the case number on the upper portion of each page not bearing the case caption.

CRITICAL

Applies to

Application to settle adult ward claim

An application to settle an adult ward’s claim must proceed separately from the guardianship case.

The application to settle a claim of an adult Ward shall be a separate proceeding in the Court and shall not proceed under the case number assigned to the guardianship.

CRITICAL

Applies to

Process server service request

A request for service by process server must be accompanied by a motion and proposed entry appointing the server.

If service by Process Server is requested, the Motion and proposed Entry appointing the server must be provided to the Court.

CRITICAL

Applies to

Process server appointment request

When requesting service by process server, provide the Court with a motion and proposed entry appointing the server.

If service by Process Server is requested, the Motion and proposed Entry appointing the server must be provided to the Court.

CRITICAL

Applies to

Final guardian account

The guardian's filing must include a copy of the ward's death certificate and the final guardian's account.

Within ninety (90) days of the death of the ward, the guardian shall file a copy of the ward's death certificate and the final guardian's account.

CRITICAL

Applies to

Affidavit of indigency

An Affidavit of Indigency must be filed in the case before payment from the county indigent guardianship fund is approved.

Before payments will be approved from the county indigent guardianship fund, an Affidavit of lndigency (Loe. F. 66.16A) shall be filed in the case, as set forth in Loc.R. 66.16.

CRITICAL

Applies to

Request for summons or notice

A party requesting Court-issued summons or notice must file written service instructions with enough copies of all filings to be served.

In any proceeding requiring the Court to issue summons or notice, the attorney or party requesting the service shall file a written instruction for service with the Court that is accompanied by sufficient copies of all filings to be served.

CRITICAL

Applies to

Contingent fee application

In a minor’s settlement case where the settlement amount does not require a guardian, the attorney must make the contingent-fee application described above.

In a minor's settlement case where the amount of the settlement does not require the appointment of a guardian, the attorney shall make the above application.

CRITICAL

Applies to

Annual guardian registration

A guardian seeking compensation from the guardianship or the Court must submit a fee schedule with the annual registration distinguishing guardianship-service fees from legal fees and other direct services.

If the guardian will be seeking compensation from the guardianship or from the Court, the guardian shall accompany the annual registration with a fee schedule that differentiates guardianship services fees as established by local rule from legal fees or other direct services.

CRITICAL

Applies to

Inventory

Motor-vehicle valuations must be supported by an appraisal or current trade-in valuations from Kelley Blue Book, Edmunds, or the NADA Guide.

Unless supported by an appraisal, valuations for motor vehicles shall be supported by current trade-in valuations obtained from Kelley Blue Book, Edmunds, or the NADA Guide.

CRITICAL

Applies to

Pro hac vice application

The application must include a certificate of good standing establishing the out-of-state attorney’s license, dated no earlier than 60 days before filing with the Court.

(C) Submitting a certificate of good standing dated no earlier than 60 days prior to its filing with this Court, which establishes the out-of-state attorney's license to practice law in that jurisdiction;

CRITICAL

Applies to

Structured settlement approval application

If an annuity will fund the settlement, the application must include a signed carrier or procuring broker statement confirming Ohio licensure and a qualifying rating from at least one listed organization.

(B) If the settlement is to be funded by an annuity, the application shall include a signed statement by the annuity carrier or the broker procuring the policy stating that: (1) The annuity carrier is licensed to write annuities in Ohio; (2) The annuity carrier's ratings from at least one of the following organizations, meeting the following criteria: (a) A.M. Best Company: A++, A+, or A; (b) Duff & Phelps Credit Rating Company (Claims Paying Ability Rating): AAA, AA+, or AA; (c) Moody’s Investors Service (Financial Strength): Aaa, Aal, or Aa2; (d) Standard & Poor’s Corporation (Financial Strength): AAA, AA+, or AA; (e) Weiss Research Inc.: A+ or A;

CRITICAL

Applies to

Guardians report

The guardian of the person of an adult incompetent must file the Guardians Report (SPF 17.7).

Annually, the guardian of the person of an adult incompetent shall file the Guardians Report (SPF 17.7).

CRITICAL

Applies to

Contingent fee application

In a minor's settlement case where the settlement amount does not require appointment of a guardian, the attorney must submit the contingent-fee application described above.

In a minor's settlement case where the amount of the settlement does not require the appointment of a guardian, the attorney shall make the above application.

CRITICAL

Applies to

Structured settlement approval application

The application must state the settlement’s actual cost to the defendant, and that cost is used to determine the attorney’s contingent fee.

(E) The application shall include a statement of the actual cost to the defendant of the settlement. The actual cost shall be used to determine an attorney's contingent fee.

CRITICAL

Applies to

Fiduciary account

If someone other than the fiduciary pays the fees, counsel must identify the payment source on the account.

If the source of payment is other than the fiduciary, counsel must identify on the account the source of payment.

CRITICAL

Applies to

Fiduciary account or certificate of termination

Fees charged by an attorney representing a fiduciary must be disclosed on the fiduciary's account or certificate of termination, regardless of who pays.

All fees charged by an attorney representing a fiduciary in matters before this Court, including but not limited to work on decedents' estates, guardianships, conservatorships, and testamentary trusts, must be disclosed on the fiduciary's account or certificate of termination regardless of the source of payment.

CRITICAL

Applies to

Affidavit of indigency

An Affidavit of Indigency must be filed in the case before payment from the county indigent guardianship fund is approved.

Before payments will be approved from the county indigent guardianship fund, an Affidavit of Indigency (Loc. F. 66.16A) shall be filed in the case, as set forth in Loc.R. 66.16.

CRITICAL

Appointed counsel may not incur more than $50 in investigation or preparation expenses until they submit a report stating the expense's purpose and approximate amount and obtain court approval by order.

Appointed counsel in criminal cases shall not incur expenses in excess of $50.00 in the investigation or preparation of their case until they have first submitted to the Court a report disclosing the purpose of the expense, the approximate amount of such expense, and secured the Court's approval by way of an order therefore.

CRITICAL

Applies to

Estate release application

An applicant without counsel must show the Court photo identification and proof of a current address in a satisfactory manner and comply with Loc.R. 62.5 regarding the Medicaid Recovery Acknowledgment.

Any applicant who is not represented by counsel shall exhibit to the Court photo identification and proof of a current address in a manner satisfactory to the Court and comply with Loc.R. 62.5 relating to the Medicaid Recovery Acknowledgment.

CRITICAL

Applies to

Guardian credibility application

The application form includes the applicant’s statement that the information is true and supports the guardianship appointment application.

All of these statements are made in support of my application for appointment as guardian and are true.

CRITICAL

Applies to

Co counsel agreement

The application must include an agreement executed by the out-of-state attorney and the sponsoring attorney or another Ohio-licensed attorney, agreeing to act as co-counsel for the purposes of admission.

(E) Submitting an agreement executed by the sponsoring attorney, or another attorney licensed to practice law in Ohio, and the out-of-state attorney agreeing that they shall be co-counsel for the purposes for which the admission is sought; and

CRITICAL

Applies to

Trial brief

All parties must furnish the Court with trial briefs at the final pre-trial hearing addressing the issues and applicable law.

At the final pre-trial hearing, all parties will furnish the Court with trial briefs concerning the issues to be tried and the law applicable thereto.

CRITICAL

Applies to

Journal entry

Counsel for the Party in whose favor an Order, Decree or Judgment is rendered, shall within five (S} business thereafter prepare the proper Journal Entry and submit it to Counsel for the adverse party

Counsel for the Party in whose favor an Order, Decree or Judgment is rendered, shall within five (S} business thereafter prepare the proper Journal Entry and submit it to Counsel for the adverse party

CRITICAL

Applies to

Transcript

Transcripts of electronically recorded proceedings must be filed with the Clerk of the trial court.

Transcripts of proceedings of electronically recorded transcripts shall be filed with the Clerk of the trial court.

CRITICAL

Applies to

Estate inventory

The County Auditor’s valuation does not determine fair market value in related sale or purchase proceedings; use is permitted in a Release of Estate transferring property to a surviving spouse, and otherwise an approved-list appraiser is required.

The county auditor's valuation, when used for the Inventory, is not determinative of fair market value in related proceedings in which the Court must approve the price for a sale or purchase of the real estate parcel. This is permitted in a Release of Estate where the property is being transferred to a surviving spouse. Otherwise an appraisal is required from an individual listed on the approved appraisers list.

CRITICAL

Applies to

Individually generated form

A signature on an individually generated form certifies compliance with the Superintendence Rules and that any modifications are permitted by Sup.R. 51(C) and Sup.R. 52(M).

The signature of the applicant or attorney constitutes a certification that the individually generated form on which the signature appears complies with the Superintendence Rules in every respect and that the only modifications or variations are those permitted by Sup.R. 51(C) and Sup.R. 52(M).

CRITICAL

Applies to

Fiduciary acceptance

Executors and administrators must personally sign and file the Fiduciary's Acceptance before Letters of Authority issue, and each fiduciary must sign an original if there are multiple fiduciaries.

All executors and administrators shall personally sign and file the Fiduciary's Acceptance (Loe. F. 4.0A) prior to the issuance of the Letters of Authority. In the event there are multiple fiduciaries, each fiduciary shall sign an original Loe. F. 4.0A.

CRITICAL

Applies to

Proceedings in aid of execution

The filing attorney’s name must appear in the provided place on the original and every copy.

The name of the attorney filing the proceedings shall appear at the place provided on the original and upon all copies.

CRITICAL

Applies to

Report on entry of safe deposit box

The completed report is to be returned to the Morgan County Probate Court.

TO BE RETURNED TO THE MORGAN COUNTY PROBATE COURT MORGAN COUNTY COURTHOUSE, MCCONNELSVILLE, OHIO 43756

CRITICAL

Applies to

Filing

A non-attorney may not sign a filing on behalf of an attorney.

Non-attorneys may not sign on behalf of an attorney.

CRITICAL

Applies to

Account

Must include

certificate of service

A fiduciary filing an account must file the Certificate of Service of Notice of Hearing on Account before the hearing.

Prior to the hearing on the account, every fiduciary filing an account must also file: (1) A Certificate of Service of Notice of Hearing on Account (SPF 13.9);

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must state the reasons for withdrawal and include the client's last known address and telephone number.

(A) An attorney desiring to withdraw from representation shall file a motion to withdraw stating the reasons for withdrawal. The motion shall contain the last known address and telephone number of the client.

CRITICAL

Applies to

Guardianship application

If a minor has not been in Ohio for six months, the guardianship application must allege abandonment for more than 90 days, a medical emergency, or that the minor's home state declined jurisdiction for the Court to accept it for filing.

When the minor has not been in Ohio for 6 months, the Court will not accept for filing an Application for Guardianship unless it is alleged that the minor has been ( 1 ) abandoned (no contact) by the parents for more than 90 days, (2) has a medical emergency, or (3) the minor's "home state" has declined jurisdiction.

CRITICAL

Applies to

Application for executor administrator fee

Unless the Court approves otherwise, executor or administrator compensation cannot be paid until the final account is prepared for filing and the fee application is filed and approved.

Unless otherwise approved by the Court, compensation shall not be paid to the Executor or Administrator of an estate until the final account is prepared for filing and an Application for Executor/ Administrator Fee form (Loe. F. 72.lA) has been filed with the Court and approved by the Court.

CRITICAL

Applies to

Rejection of claim

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

Pursuant to SUP.R. 62(A), when a claim has been filed with the Court pursuant to R.C. 2117.06, the fiduciary shall file a copy of any rejection of the claim with the Court.

CRITICAL

Applies to

Pro hac vice application

The application must include an agreement executed by the out-of-state attorney and the sponsoring attorney or another Ohio-licensed attorney to serve as co-counsel for the purposes of the admission.

(E) Submitting an agreement executed by the sponsoring attorney, or another attorney licensed to practice law in Ohio, and the out-of-state attorney agreeing that they shall be co-counsel for the purposes for which the admission is sought; and

CRITICAL

Applies to

Certificate of attendance

A certificate of attendance must be filed with the Clerk of Courts in each case file before the hearing.

THE COURT REQUIRES THAT A CERTIFICATE OF ATTENDANCE BE FILED WITH THE CLERK OF COURTS IN EACH CASE FILE PRIOR TO THE HEARING.

CRITICAL

Applies to

Trial materials

If the case cannot be settled, requests for jury instructions, exhibits, and scientific evidence for trial must be disclosed to the Court and marked for introduction into evidence.

if it is not possible to amicably settle the case between the parties, all requests for jury instructions, all exhibits, and all scientific evidence to be introduced at trial will be disclosed to the Court and marked for introduction into evidence.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must be accompanied by the client's signed written acknowledgment and consent or a proposed Judgment Entry setting the motion for hearing.

The motion shall be accompanied by (1) a written acknowledgment and consent to the withdrawal signed by the client, or (2) a proposed Judgment Entry setting the Motion for hearing.

CRITICAL

Applies to

Copy of will for deposit form

When a will is presented for a person under guardianship, a copy of the form must be filed in the Court’s guardianship file.

Note: When the will is presented for a person under guardianship, a copy of this form shall be filed in the Court's guardianship file.

CRITICAL

Applies to

Release or assignment of judgment

A release or assignment of judgment must be written and signed by a person authorized to execute it.

Releases and assignments of judgment shall be in writing and signed by a person authorized to execute the instrument.

CRITICAL

Applies to

Matter captioned in name of deceased individual or guardianship termination due to death

An applicant filing a matter captioned in a deceased person's name, or terminating a guardianship because the ward died, must exhibit a certified death certificate unless the court waives the requirement for good cause.

Upon the filing of any matter captioned in the name of a deceased individual, or the termination of a guardianship due to the death of the ward, the applicant shall exhibit to the court a certified copy of the decedent's death certificate, unless waived by the court for good cause shown.

CRITICAL

Applies to

Guardian filing

The guardian must file a list of the ward’s important legal papers and, if known, their locations.

The guardian shall file with the court a list of all 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 papers, if known at the time of filing. See Loc. F. 66.09A.

CRITICAL

Applies to

Account

For each person who must be served, the fiduciary must file either a waiver of notice or proof of service by an approved method.

For each person required to be served, either: (a) A Waiver of Notice of Hearing on Account (SPF 13.7) or (b) A proof of service of Notice of Hearing in a manner approved for service in Loc.R. 64.9(B).

CRITICAL

Applies to

Written sponsorship

An Ohio-licensed attorney must sponsor the applicant in writing and certify the applicant's compliance with this rule and the Supreme Court Rules for the Government of the Bar.

(D) Being sponsored in writing by an attorney licensed to practice law in Ohio who shall certify the out-of- state attorney's compliance with this rule and the Supreme Court Rules for the Government of the Bar;

CRITICAL

Applies to

Motion to withdraw

Before withdrawal is approved, the attorney must recite in the motion or certify that the specified notices have been given.

The Court shall not issue an entry approving the withdrawal until the attorney has recited in the Motion or filed a certification that all of the following conditions have been met: (1) Notice has been given to the client advising the client of all known filing deadlines occurring within the next 90 days affecting the client's case; (2) Notice has been given to all involved attorney's, unrepresented parties, and interested persons; and (3) Notice has been given to any bonding agencies involved.

CRITICAL

Applies to

Proposed certificate of transfer

Before submitting a proposed certificate of transfer for issuance, the fiduciary or attorney must obtain a file stamp from the Morgan County Engineer's Office confirming the property's description is acceptable for deed transfer.

Prior to submitting a proposed certificate of transfer to the Court for issuance, the fiduciary or the fiduciary's attorney shall secure from the Morgan County Engineer's Office a file stamp reflecting that the description of the real property is acceptable for deed transfer purposes.

CRITICAL

Applies to

Trust attorney fee application

Each trust attorney-fee application must include a detailed fee statement itemizing services and stating service dates, time spent, and hourly rate.

All applications for attorney fees in trusts shall be accompanied by a detailed fee statement including the itemization and date of service performed, time expended and hourly rate.

CRITICAL

Applies to

Paper offered for filing

Each paper offered for filing must identify the filing party and document, and include the designated trial attorney’s typed name, signature, office address, and office telephone number.

All papers offered for filing with the Court shall be identified by including: 1. A title containing the name and party designation of the party filing it and the nature of the document (e.g. Defendant John Doe's Answer); and 2. The typed name, signature, office address, and office telephone number of the designated trial attorney.

CRITICAL

Applies to

Custody affidavit

The affidavit must indicate whether the affiant knows of a nonparty with physical custody or a claim to custody or visitation rights and list that person’s name and address.

4. Said affiant (circle one) DOES/DOES NOT KNOW of any person who is not a party to this case who has physical custody or claims to have custody or visitation rights with respect to the child. Please list the name and address of any said individual.

CRITICAL

Applies to

Notice of substitution

Substitution of counsel requires no court approval, but written notice of substitution must be filed with the Court.

Substitution of counsel does not require approval of the Court; however, written notice of substitution shall be filed with the Court.

CRITICAL

Applies to

Application to dispense with guardianship

When filing an application to dispense with guardianship, the submitter must display a certified copy of the minor’s birth certificate; the Court keeps a copy and returns the original.

A certified copy of the minor’s birth certificate must be displayed to the Court upon the filing of the application to dispense with guardianship. A copy will be made for the Court’s file and the original will be returned to the submitter

CRITICAL

Applies to

Custody affidavit

The affidavit must indicate whether the affiant or a household member has been convicted or pleaded guilty to any of the specified offenses and provide the requested conviction details.

5. Said affiant or any member of your household (circle one) HAS/HAS NOT been convicted of any criminal offense, including guilty pleas, involving acts that resulted in a child being abused or neglected; any domestic violence offense that is a violation of R.C. 2919.25; any sexually oriented offense as defined in R.C. 2950.01; and any offense involving a victim who was a family or household member at the time of the offense and caused physical harm to the victim during the commission of the offense. Name Case Number Court/State/County Crime Convicted Of

CRITICAL

Applies to

Pro hac vice application

may, upon application by a sponsoring attorney be admitted to the practice of law in Ohio

may, upon application by a sponsoring attorney be admitted to the practice of law in Ohio

CRITICAL

Applies to

Estate initial filing and entries

Estate filings and specified entries must use the decedent’s name as shown on the death certificate and will, or include both names with the applicable aka or fka abbreviation if they differ.

In every estate, the name of the decedent entered on the caption of the initial filing and on the Letters of Authority, Entry Relieving Estate or Entry Granting Summary Release shall be identical to that reflected on the death certificate and on the decedent's Last Will and Testament. If the name on the death certificate and the will are different, then the caption of the initial filing and the Letters of Authority, Entry Relieving Estate or Entry Granting Summary Release shall recite each of the names and use the applicable abbreviation for ''also known as" (aka) or "formerly known as” (fka).

CRITICAL

Applies to

Application for authority to administer estate

Applicants who lack Ohio-admitted counsel or do not reside in Ohio must provide the Court with current photo identification and proof of their current residence and mailing address.

Applicants for authority to administer a decedent’s estate, who are not represented by an attorney admitted to practice law in Ohio or who do not reside in Ohio, shall exhibit to the Court current photo identification and proof of the applicant’s current residence and mailing address in a format satisfactory to the Court.

CRITICAL

Applies to

Application for executor or administrator fee

Completion and filing of this form is required before the fiduciary compensation is paid. Payment shall not be made before the final account is prepared for filing unless prior approval of the Court has been obtained. The account will not be approved until this form is completed and filed.

Completion and filing of this form is required before the fiduciary compensation is paid. Payment shall not be made before the final account is prepared for filing unless prior approval of the Court has been obtained. The account will not be approved until this form is completed and filed.

CRITICAL

Applies to

Structured settlement approval application

The settlement application must state the defendant's actual cost, which is used to determine the attorney's contingent fee.

(E) The application shall include a statement of the actual cost to the defendant of the settlement. The actual cost shall be used to determine an attorney's contingent fee.

CRITICAL

Applies to

Contingent fee application

The contingent-fee application must include the written fee agreement with counsel.

The application shall include the written fee agreement with counsel.

CRITICAL

Applies to

Standard Probate Form (SPF) 45(D)

When personal identifiers are first omitted from a filing, they must be filed on Standard Probate Form (SPF) 45(D).

When first omitted from a filing, the omitted personal identifiers must be filed on Standard Probate Form (SPF) 45(D)

CRITICAL

Applies to

Continuance motion

Attorneys filing a continuance motion must include an entry with blanks for the new trial or hearing time and date, and a copy of another court's hearing notice when that is the reason for the request.

Attorneys submitting motions for continuance shall accompany them with an entry providing blanks for the new trial of hearing time and date. If a continuation is requested due to a prior set hearing in another court, a copy of the notice of such hearing shall accompany said motion.

CRITICAL

Applies to

Inventory

Motor-vehicle valuations must be supported by an appraisal or current trade-in valuations from Kelley Blue Book, Edmunds, or the NADA Guide.

Unless supported by an appraisal, valuations for motor vehicles shall be supported by current trade-in valuations obtained from Kelley Blue Book, Edmunds, or the NADA Guide.

CRITICAL

Applies to

Pro hac vice application

The applicant must certify in writing familiarity with the listed court rules and the Code of Professional Conduct.

(B) Certifying in writing familiarity with the Local Court Rules, Civil Rules, Rules of Evidence, Rules of Superintendence and the Code of Professional Conduct;

CRITICAL

Applies to

Executor or administrator fee

Executor or administrator fees may not be paid until the final account and Local.F. 72.lA are filed and the Court approves the fees by entry.

No fees shall be paid to the executor or administrator of an estate until (1) the final account is filed, (2) Local.F. 72.lA is filed setting forth the basis upon which the fee has been calculated, and (3) the Court has approved the fees by entry.

CRITICAL

Applies to

Guardian credibility application

The guardian credibility application directs the applicant to describe any “Yes” response.

Describe the details of any “Yes” response:

CRITICAL

Applies to

Motion

Motions other than continuance motions must include a memorandum identifying supporting questions and authorities, or the motion shall be stricken.

Any motion other than for continuance under Rule 9.00 shall be accompanied by a memorandum indicating the questions and authorities in support thereof; absent such a memorandum, motion shall be stricken from the files.

CRITICAL

Applies to

Modified visitation order

The residential parent must obtain a modified visitation order before removing the children's residence from Ohio.

If the residential parent intends to remove his or her residence from the State of, Ohio, the residential parent, pursuant to law, shall not remove the children's residence from the State of Ohio without first obtaining a modified visitation order from the Court.

CRITICAL

Applies to

Mediation agreement

For represented parties, counsel must either submit an Agreed Judgment Entry incorporating the agreement or follow the stated on-record procedure, after which counsel is directed to prepare an Agreed Entry.

If the parties are represented by counsel then either (1) counsel shall submit an Agreed Judgment Entry incorporating the terms of the mediation agreement, or (2) the Court shall go on the record with the parties and the mediator present, acknowledge the parties' waiver of confidentiality as to the agreement, have the mediator read the agreement into the record, take the acknowledgement of the parties to the agreement as read into the record, and directing counsel to prepare an Agreed Entry reflecting the mediation agreement.

CRITICAL

Applies to

Divorce or dissolution

For actions filed on or after November 15, 1994, a divorce or dissolution involving children will not be granted until the parties file proof that they attended a two-hour session on parenting during and after divorce or dissolution; the parties share the counseling costs equally.

Effective immediately for all actions filed on or after 15 November 94, no divorce or dissolution of marriage involving child:en shall be grantee until the pa:ties have filed with the Court, proof·of attendance at a two {2) hour counseling session teac :ng m how· parent children during a:,.d a=ter a d.:.v. rce or c:··sso1 tion. 1'.11 costs associated with said co·.seling s l be p ~d by the parties equally.

CRITICAL

Applies to

Application for guardianship

If the minor has not been in Ohio for six months, the guardianship application must allege one of the specified circumstances to be accepted for filing.

When the minor has not been in Ohio for 6 months, the Court will not accept for filing an Application for Guardianship unless it is alleged that the minor has been (1) abandoned (no contact) by the parents for more than 90 days, (2) has a medical emergency, or (3) the minor's "home state" has declined jurisdiction.

CRITICAL

Applies to

Estate inventory

A separate application to dispense with appraisal is unnecessary when the fiduciary uses the County Auditor’s real-estate valuation, notes that choice on the inventory, and attaches the parcel’s property tax card.

Notwithstanding the foregoing, pursuant to RC 2115.06, an application to dispense with appraisal is not necessary when the fiduciary elects to use the County Auditor's valuation for real estate, provided the fiduciary includes a notation on the Inventory that the auditor's valuation is being used and attaches to the Inventory a copy of the parcel's property tax card.

CRITICAL

Applies to

Paper

Must include

case number

The case number must be given when filing papers or calling the Court’s attention to a case.

All criminal actions brought in this Court shall be numbered in accordance with the Ohio Rules of Superintendence for Municipal and County Courts, Rule 12(E) . Thereafter, in filing any papers therein or calling the attention of the Court to any case, its number must be given.

CRITICAL

Applies to

Guardian fundamentals training compliance documentation

A guardian must provide the Court timely documentation establishing compliance with the guardian fundamentals training requirement.

The guardian is responsible for providing to the Court in a timely manner documentation that establishes compliance with the guardian fundamentals training requirement.

CRITICAL

Applies to

Affidavit of indigency

An indigent party seeking exemption from the jury deposit must file an Affidavit of Indigency at least one week before trial, listing receivables, payables, and equity in personalty or realty, and must be found indigent by the Court.

This rule shall not be applied to any indigent party provided that, at least one week prior to the scheduled date of trial, said indigent party files with the Court an Affidavit of Indigency setting forth all receivables, payables, and equity in any personalty or realty, and the Court finds said party to be indigent based thereon or after any hearing that the Court may require.

CRITICAL

Applies to

Service instruction

A party requesting Court-issued summons or notice must file written service instructions with sufficient copies of all documents to be served; the specified form may be used.

In any proceeding requiring the Court to issue summons or notice, the attorney or party requesting the service shall file a written instruction for service with the Court that is accompanied by sufficient copies of all filings to be served. The Request for Summons or Notice form (Loc. F. 57.8) may be used for this purpose.

CRITICAL

Applies to

Account

When assets are sold for more or less than their carrying values, any closing or settlement statements must be attached to the account and the resulting gain or loss reflected in receipts or disbursements.

When assets, including land, are sold as gains or losses from the carrying values, the closing/settlement statements, if any, (i.e. reduced to letter size) must be attached to the account and the resulting changes in value reflected in the receipts (gain) or disbursements (loss).

CRITICAL

Applies to

Proposed entry

The application must include a proposed entry authorizing its approval.

(F) Submitting a proposed entry authorizing the approval of the application.

CRITICAL

Applies to

Custody affidavit

The custody affidavit includes a statement that the affiant is duly sworn and makes the affidavit’s statements.

I, _________________, being duly sworn, deposes and states the following:

CRITICAL

Applies to

Jury instructions

Counsel must provide the text and supporting authority for requested jury instructions at least ten days before trial.

Each counsel shall provide in writing the text of, and citations of authority for, any instructions requested at least ten (10) days before the date of the jury trial.

CRITICAL

Applies to

Termination application

Must include

certificate of service

A Certificate of Service with supporting documentation satisfactory to the Court must be filed before the termination application is considered.

A Certificate of Service with supporting documentation satisfactory to the Court must be filed prior to the consideration of the application.

CRITICAL

Applies to

Will for deposit form

When a will is presented for a person under guardianship, file a copy of the form in the Court’s guardianship file.

Note: When the will is presented for a person under guardianship, a copy of this form shall be filed in the Court’s guardianship file.

CRITICAL

Applies to

Certificate

Before the public sale, the plaintiff must file a certificate stating that defendants received the required notice and the sale was advertised as required by statute.

Prior to the public sale, the plaintiff shall file a certificate stating that the required notice was given to the defendants and the sale was advertised pursuant to R.C. 2127.32.

CRITICAL

Applies to

Application to settle minor claim

When filing an application to settle a minor’s claim, display a certified copy of the minor’s birth certificate; the Court will copy it for its file and return the original.

A certified copy of the minor’s birth certificate must be displayed to the Court upon the filing of the application to settle a minor’s claim. A copy will be made for the Court’s file and the original will be returned to the submitter.

CRITICAL

Applies to

Estate application

Applicants seeking a summary release, release from administration, or estate administration must file the specified Medicaid notice and certification or provide a letter stating the status of any Medicaid claim.

Every applicant who seeks a summary release, a release of estate from administration or the administration of any estate shall file with the Court, the Notice of Administrator of Medicaid Recovery Program (SPF 7.0) and file the Certification of Notice to Administrator of Medicaid Recovery Program (SPF 7.0(A)) or provide a letter from the Administrator of Medicaid or its legal counsel the status of any Medicaid claim against the estate.

CRITICAL

Applies to

Assigned counsel bill

Appointed-counsel bills must comply with the approved Assigned Counsel Fee Schedule.

All bills submitted by appointed counsel shall be in accordance with the Assigned Counsel Fee Schedule approved by·the Morgan County Bar A~sociation and the Morgan County Board of County Commissioners as jour- nalized in the journal of the Morgan County Board of County Commissioners.

CRITICAL

Applies to

Structured settlement approval application

An application for approval of a structured settlement must include a signed statement giving the settlement's present value and calculation method, prepared by one of the listed independent professionals or an equivalent professional.

(A) An application for approval shall include a signed statement specifying the present value of the settlement, and the method of calculation of that value. The statements shall be from one of the 45 following independent professionals: an actuary, certified public accountant, certified financial planner, chartered life underwriter, chartered financial consultant, or an equivalent professional.

CRITICAL

Applies to

Motion

Attach itemized records for reimbursements and expenses claimed with the attorney-fee motion.

Reimbursements & expenses (postage, court costs, copies ... ) (Attach itemized records)

CRITICAL

Applies to

Jury demand

Prospective jurors may be summoned only after a written jury demand is filed, unless the potential penalty for a single offense is at least 365 days.

Prospective jurors shall be summoned only upon the filing of a written "jury demand" or where the potential penalty is three hundred sixty-five (365) days or more for any single offense.

CRITICAL

Applies to

Application to commence legal proceedings for ward

The application to commence legal proceedings for a ward requests court permission and states the reasons for the requested proceedings.

Applicant, Guardian of the above-named ward, requests the Court’s permission to commence legal proceedings on the ward’s behalf. The reasons for commencing legal proceedings on the ward’s behalf are:

CRITICAL

Applies to

Custody affidavit

The affidavit must indicate whether the affiant knows of other cases that could affect the current case, including the listed types, and list the case number, case type, and court name and address.

3. Said affiant (circle one) DOES/DOES NOT HAVE information of any other cases that could affect the current case, including any cases relating to custody, domestic violence or protection orders, dependency, neglect or abuse allegations or adoptions concerning any child subject to this case. Please list the case number, the type of case, and the name and address of the Court.

CRITICAL

Applies to

Guardianship attorney fee application

In a guardianship, the initial attorney-fee application is considered at the specified establishment milestone, and additional fees are considered annually with each account or when special proceedings or matters conclude.

In guardianships, the Court shall consider an initial application for attorney fees for the establishment of the guardianship: (a) in a guardianship of the person only upon the conclusion the issuance of the Letters of Guardianship, and (b) in a guardianship of the estate only, or of the person and estate, upon the filing of the inventory. Thereafter, the Court shall consider additional fees annually upon the filing of each account or at the conclusion of any special proceedings or matters.

CRITICAL

Applies to

Annual verification of funds

The custodial depository must file an Annual Verification of Funds with restricted access in accordance with the cited local rules.

The custodial depository agrees that it will file with the Court an Annual Verification of Funds with restricted access in accordance with Local Rules 67.3, 68.3 and 75.3 of the Probate Court.

CRITICAL

Applies to

Agreement to mediate

Participants must execute a written Agreement to Mediate before participating in mediation services.

The participants will be required to execute a written “Agreement to Mediate” prior to participating in any mediation services.

CRITICAL

Applies to

Initial account

An initial account must begin with the assets shown on the Inventory and reflect any gains or losses during the accounting period.

All initial accounts must commence with the assets reflected on the Inventory and then reflect any losses or gains in those assets during the period of the accounting.

CRITICAL

Applies to

Jury summons

A jury summons must be understandable to someone unfamiliar with the legal process and explain how and when to respond and the consequences of failing to respond.

The juror summons shall be phrased so it can be readily understood by an individual unfamiliar with the legal process. The jury summons shall clearly explain how and when the recipient must respond and the consequences for failing to respond.

CRITICAL

Applies to

Trust attorney fee application

For trust administration, the Court considers the establishment-fee application upon filing the inventory and additional fee applications annually upon filing each account.

In the administration of trusts, the Court shall consider applications for attorney fees for the establishment of the trust upon the filing of the inventory, and shall consider additional fees annually upon the filing of each account.

CRITICAL

Applies to

Filing

All filings must contain original signatures.

All filings must contain original signatures.

CRITICAL

Applies to

Marriage license application

A minor applying for a marriage license must provide proof of prior counseling by clergy or a licensed counselor; proof may be a letter on the counselor's letterhead addressed to the Court.

Pursuant to R.C. 3101.05, any applicant for a marriage license who is a minor must provide proof of having received marriage counseling prior to applying for the license. The counselors shall be either clergy or a person licensed to provide counseling. Proof of counseling may be in the form of a letter from the counselor on the counselor's letterhead, addressed to this Court.

CRITICAL

Applies to

Contingent fee application

A fiduciary must submit a written application to the Court for authority to enter into a contingent fee contract.

A fiduciary shall make a written application to the Court for authority to enter into a contingent fee contract.

CRITICAL

Applies to

Court filing

Required addresses on Court filings must include a current street address; a non-attorney fiduciary must use a legal residence, while an attorney fiduciary may use an office address, and an applicable P.O. box may also be included.

When an address is required on a Court filing for an attorney or fiduciary, the address must include a current street address and, if applicable, may include any post office box numbers used as a mailing address. The address of a non-attorney fiduciary must be the fiduciary’s legal residence. A fiduciary who is an attorney at law may use an office address.

CRITICAL

Applies to

Annual verification of the funds with restricted access

The custodial depository must annually file a statement of activity using the Annual Verification of the Funds with Restricted Access.

Annually thereafter, the custodial depository must file a statement of activity relating to the custodial assets by completing and filing the Annual Verification of the Funds with Restricted Access (Loc. F. 22.3B).

CRITICAL

Applies to

Certificate

Before the public sale, the plaintiff must file a certificate stating that defendants were notified and the sale was advertised as required.

Prior to the public sale, the plaintiff shall file a certificate stating that the required notice was given to the defendants and the sale was advertised pursuant to R.C. 2127.32.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must state the reasons, include the client’s last known address and telephone number, and include either the client’s signed consent or a proposed judgment entry setting a hearing.

An attorney desiring to withdraw from representation shall file a motion to withdraw stating the reasons for withdrawal. The motion shall contain the last known address and telephone number of the client. The motion shall be accompanied by (1) a written acknowledgment and consent to the withdrawal signed by the client, or (2) a proposed Judgment Entry setting the Motion for hearing.

CRITICAL

Applies to

Report of distribution

Must include

proposed order

The filing must include a signed settlement statement reduced to a size suitable for filing and a proposed entry approving the Report of Distribution.

Within 15 days of closing the sale of the real property the Plaintiff shall file in the real property sale case a Report of Distribution with a copy of the signed settlement statement (HUD-I or otherwise) attached, reduced to a size suitable for filing and a proposed entry approving the report of distribution.

CRITICAL

Applies to

Proposed order

Plaintiff’s counsel must prepare and file a proposed Order of Sale that includes the real property description.

Counsel for the plaintiff shall prepare and file a Proposed Order of Sale that includes the real property Description.

CRITICAL

Applies to

Complaint

If a new survey is necessary to obtain a deed-transfer-acceptable legal description, the complaint must request authority to commission the survey.

In the event that a new survey of the real property is necessary in order to secure a legal description acceptable for deed transfer purposes, the complaint shall include a prayer for authority to commission a survey.

CRITICAL

Applies to

Records of time and services

When an attorney serves as fiduciary and an attorney is of record, detailed records of fiduciary and legal time and services must be maintained and submitted to the Court upon request.

In all matters where an attorney is serving as fiduciary of the estate, guardianship, or trust, and that attorney or another is the attorney of record, detailed records shall be maintained describing time and services as fiduciary and any time and services as attorney. These records shall, upon request, be submitted to the Court for review.

CRITICAL

Applies to

Mediation agreement

Mediation agreements must be presented to the Court with the parties' consent and waiver of confidentiality, and require final Court approval.

All mediation agreements shall be presented to the Court, with the consent of the parties and waiver of confidentiality and are subject to final approval by the Court.

CRITICAL

Applies to

Filing

Must include

caption

Pleadings, motions, and other filings must be correctly captioned.

All pleadings, motions or other filings shall be typed or legibly printed, in black or blue ink, and correctly captioned.

CRITICAL

Applies to

Certificate of compliance

An adoption assessor who provides the brochure must file a certificate of compliance in a Court-satisfactory format before the first hearing involving the recipient birth parent(s).

The adoption assessor providing the birth parent(s) with a copy of this brochure shall file a certificate of compliance with R.C. 3107.082 in a format satisfactory to the Court prior to the first hearing that involves the birth parent(s) who received the brochure.

CRITICAL

Applies to

Application for authority to administer estate

Applicants who lack Ohio-admitted counsel or do not reside in Ohio must show the Court current photo identification and proof of their current residence and mailing address in a format satisfactory to the Court.

Applicants for authority to administer a decedent's estate, who are not represented by an attorney admitted to practice law in Ohio or who do not reside in Ohio, shall exhibit to the Court current photo identification and proof of the applicant' s current residence and mailing address in a format satisfactory to the Court.

CRITICAL

Applies to

Guardian application

Guardian applicants must undergo a civil and criminal record check satisfactory to the Court, but an eligible Ohio attorney may be exempt at the Court’s discretion upon application.

An applicant for appointment as a guardian, including as an emergency guardian, must submit to a civil and criminal record check satisfactory to the Court. An Ohio attorney applicant currently in good standing with the Supreme Court of Ohio, at the discretion of the Court and upon application may be exempt from the civil and criminal record check.

CRITICAL

Applies to

Final account

Fiduciary compensation must not be paid before the final account is prepared for filing unless the Court has given prior approval.

Payment shall not be made before the final account is prepared for filing unless prior approval of the Court has been obtained.

CRITICAL

Applies to

Application to expend funds

A guardian’s expenditure of funds will not be approved until the Guardian’s Inventory is filed and the Application to Expend Funds is approved.

The expenditure of funds by a guardian shall not be approved until a Guardian's Inventory (SPF 15.5) has been filed and an Application to Expend Funds (SPF 15. 7) has been approved.

CRITICAL

Applies to

Account

Accounts must cover assets and their gains, losses, and distributions in addition to cash receipts and expenditures.

In addition to accounting for the cash receipts and expenditures, fiduciaries are accounting for the assets, their gains, losses and distributions.

CRITICAL

Applies to

Mediation agreement

An oral mediation agreement is not binding unless made in open court or later reduced to a signed writing.

No oral agreement to a mediation result is binding, unless made in open court or subsequently reduced to a signed writing.

CRITICAL

Applies to

Verification of receipt and deposit form

The attorney must obtain SPF 22.3 from the financial institution and file it with the Court within seven days after issuance of the deposit Entry.

The attorney shall obtain a Verification of Receipt and Deposit (SPF 22.3) from the financial institution and file that form with the Court within seven (7) days of the issuance of the Entry directing the deposit.

CRITICAL

Applies to

Pretrial statement

Each counsel must provide the best estimate of the time needed to try the case.

Each counsel shall give his/her best estimate of the time required to try the case.

CRITICAL

Applies to

Answer

In a land sale, the guardian ad litem must review the pleadings and file an answer for the ward or minor.

A guardian ad litem in a land sale shall be responsible for reviewing the pleadings and filing an answer on behalf of the ward or minor.

CRITICAL

Applies to

Guardianship application

A certified copy of the minor’s birth certificate must be displayed with the guardianship application; the Court will make a copy and return the original.

(A) A certified copy of the minor's birth certificate must be displayed to the Court with the guardianship application. A copy will be made by the Court and the original will be returned to the submitter.

CRITICAL

Applies to

Motion for approval of attorney fees

A motion for approval of attorney fees must attach itemized records for reimbursements and expenses.

Reimbursements & expenses (postage, court costs, copies…) (Attach itemized records)

CRITICAL

Applies to

Subsequent account

Each subsequent account must begin with all assets remaining from the prior account until the balance is zero.

Subsequent accounts must begin with the entire sum reflected on the prior account's assets remaining, until the balance remaining is zero dollars ( $ 0.00).

CRITICAL

Applies to

Confirmation and distribution entries

The party who requested the sale must prepare the confirmation and distribution entries, including statements that the sale was regular and proper and of any balance still due, unless the court directs otherwise.

Entries of confirmation and distribution shall be prepared by the party who requested the sale and shall contain a statement that the sale was regular and proper in every respect, unless otherwise directed by the court, and also a statement of the balance, if any, still due on the judgment.

CRITICAL

Applies to

Payroll stubs or similar records

A debtor who pays directly must produce payroll stubs or similar records to the Clerk.

Where the debtor pays directly, the Clerk shall require the debtor to produce payroll stubs or similar records

CRITICAL

Applies to

Annual custodial assets statement

The custodial depository must file an annual statement of activity using the Annual Verification form.

Annually thereafter, the custodial depository must file a statement of activity relating to the custodial assets by completing and filing the Annual Verification of the Funds with Restricted Access (Loe. F. 22.3B).

CRITICAL

Applies to

Fiduciary acceptance

When there are multiple fiduciaries, each must sign an original Loc. F. 4.0A.

In the event there are multiple fiduciaries, each fiduciary shall sign an original Loc. F. 4.0A.

CRITICAL

Applies to

Trust attorney fee application

Every trust attorney-fee application must include a detailed fee statement itemizing the services and dates performed, time expended, and hourly rate.

All applications for attorney fees in trusts shall be accompanied by a detailed fee statement including the itemization and date of service performed, time expended and hourly rate.

CRITICAL

Applies to

Written notice of intention to move

Must include

case number

File a written notice of the intention to move with the Clerk of Courts of Morgan County, Ohio, 19 East Main Street, McConnelsville, Oh 43756, containing the following information: A. the case number under which the original visitation order was issued B. the residential parent's name, old address, and new address C. the non-residential parent's name and present address

File a written notice of the intention to move with the Clerk of Courts of Morgan County, Ohio, 19 East Main Street, McConnelsville, Oh 43756, containing the following information: A. the case number under which the original visitation order was issued B. the residential parent's name, old address, and new address C. the non-residential parent's name and present address

CRITICAL

Applies to

Written oath

The pro hac vice application must include a written oath substantially complying with Rule XII of the Supreme Court Rules for the Government of the Bar.

(A) Filing a written oath substantially in compliance with Rule XII of the Supreme Court Rules for the Government of the Bar;

CRITICAL

Applies to

Waivers and consents

File waivers and consents to the proposed distribution from all interested parties, or a hearing and service of notice upon them will be required.

Waivers and consents to the proposed distribution must be filed from all interested parties, or a hearing and service of notice upon them will be required.

CRITICAL

Applies to

Estate application

Applicants seeking estate relief or administration must file the specified Medicaid notice and certification, or provide a letter stating the status of any Medicaid claim against the estate.

Every applicant who seeks a summary release, a release of estate from administration or the administration of any estate shall file with the Court, the Notice of Administrator of Medicaid Recovery Program (SPF 7.0) and file the Certification of Notice to Administrator of Medicaid Recovery Program (SPF 7.0(A)) or provide a letter from the Administrator of Medicaid or its legal counsel the status of any Medicaid claim against the estate.

CRITICAL

Applies to

Filing

For an illegible signature, the typed name represented by the signature must be entered, except on exhibits, attachments, and original wills.

Except for exhibits or attachments to filings or on original wills, for any signature that is not clearly legible the typed name represented by the signature must be entered.

CRITICAL

Applies to

Written acceptance

Letters of appointment may not issue until the fiduciary executes a written acceptance acknowledging possible removal and penalties for conversion.

Letters of appointment shall not issue until a fiduciary has executed a written acceptance of the duties, acknowledging that the fiduciary is subject to removal for failure to perform the duties, and further is subject to possible penalties for conversion of property held as a fiduciary.

CRITICAL

Applies to

Guardian continuing education documentation

The guardian must provide the Court compliance documentation by December 31 of the first calendar year after completing or receiving a waiver of the fundamentals course, including the specified education details or a certificate containing them.

By December 31 of the first calendar year after completing the guardian fundamentals course, or its waiver by Court order, the guardian is responsible for providing to this Court documentation demonstrating compliance with this guardian continuing education requirement, including the title, date, location and provider of the education, or a certificate of completion containing such information. See Loc. F. 66.06.

CRITICAL

Applies to

Minor claim settlement proceeding

A minor’s settlement must be a separate proceeding, not under an existing guardianship or guardianship-dispensation case number; for net proceeds under $25,000, a separate dispensing-with-guardianship filing is not required if the application fully describes how the funds will be handled.

The settlement of minor’s claim is a separate proceeding in the Court and shall not proceed under the case number assigned to an existing guardianship proceeding or to a separate proceeding to dispense with a guardianship. Note: If the net proceeds of the minor’s settlement totals less than $25,000, the Court will not require a separate “dispensing with guardianship” filing, provided that the proposed manner of handling the funds is fully described in the settlement application.

CRITICAL

Applies to

Attorney fee application

In an estate, the Court considers an attorney-fee application upon filing the final account, and both the attorney and fiduciary must sign the application.

In estates, the Court shall consider an application for attorney fees upon the filing of a final account. The application shall be signed by both the attorney and the fiduciary.

CRITICAL

Applies to

Trial attorney withdrawal

An appearing attorney may withdraw as trial attorney only by written motion showing good cause and after notice to the client.

No attorney who has entered his or her appearance in a case may withdraw as trial attorney except upon written motion for good cause shown and after notice to the client.

CRITICAL

Applies to

Fiduciary acceptance

Executors and administrators must personally sign and file the Fiduciary's Acceptance form before Letters of Authority issue.

All executors and administrators shall personally sign and file the Fiduciary's Acceptance (Loc. F. 4.0A) prior to the issuance of the Letters of Authority.

CRITICAL

Applies to

Default judgment

When requesting default judgment, parties must address the active military service status of the person against whom judgment is sought.

Parties must adhere to the provisions of the Serviceman’s Civil Relief Act (50 USC App. 521) by addressing the active military service status of any person against whom a default judgment is requested.

CRITICAL

Applies to

Social and medical histories financial statements and medical statements

Social and medical histories, financial statements, and medical statements must be filed in adoption cases, except adult and foreign adoptions.

Social and medical histories, financial statements and medical statements shall be filed in all adoption cases, with the exception of adult and foreign adoptions.

CRITICAL

Applies to

Certificate of termination

When no account is required, the payment must be disclosed to the Court on the Certificate of Termination.

If an account is not required, the payment must be disclosed to the Court on the Certificate of Termination.

CRITICAL

Applies to

Assigned counsel bill

Assigned counsel must submit a bill for services with the required affidavits of indigency for approval.

In all cases involving indigent persons where the Court has appointed counsel, it shall be the responsibility of the assigned counsel to submit to the Court for approval on approved forms counsel's bill for services, together with such affidavits of indigency as required by the Ohio Public Defender's Commission, within 14 days of the termination of the case.

CRITICAL

Applies to

Waivers and consents

Waivers and consents to the proposed distribution must be filed from all interested parties, or a hearing and service of notice upon them will be required.

Waivers and consents to the proposed distribution must be filed from all interested parties, or a hearing and service of notice upon them will be required.

CRITICAL

Applies to

Inventory

An inventory must include the address, legal description, and parcel number for any real estate of the decedent or ward.

The inventory shall contain the address, legal description, and parcel number of any real estate of the decedent or ward.

CRITICAL

Applies to

Land sale action

Land sale actions must include qualifying evidence of title, such as a title certificate, insurance commitment, or preliminary judicial report.

(B) Evidence of title having an effective date not more than thirty (30) days prior to the filing of the initial pleading requesting sale shall be filed in all land sale actions, in accordance with Sup.R. 65(A). An attorney’s Certificate of Title, a commitment for an owner’s policy of title insurance or a preliminary judicial report are sufficient evidence of title.

CRITICAL

Applies to

Proposed order

Plaintiff's counsel must prepare and file a Proposed Order of Sale that includes the real property description.

Counsel for the plaintiff shall prepare and file a Proposed Order of Sale that includes the real property Description.

CRITICAL

Applies to

User agreement form

An electronic-filing account is assigned after the Court receives a properly executed and signed User Agreement Form.

An Account will be assigned upon receipt of a properly executed and signed User Agreement Form; the Court shall set up an electronic filer user account and assign a user-id and initial password to be used for electronically filing document.

CRITICAL

Applies to

Written report to court

The guardian must report changes or newly discovered important legal papers to the Court in writing within thirty days of discovery.

If it becomes known to the guardian that such information has changed or the existence of other important legal papers becomes known, the guardian shall report that new information to the Court in writing within thirty days of discovery.

CRITICAL

Applies to

Land sale action

The county treasurer where the real estate is located must be named as a party in every land sale action.

(C) The treasurer of the county in which the real estate is located shall be named as a party in all land sale actions.

CRITICAL

Applies to

Inventory

An inventory for an estate, trust, or guardianship must include the address, legal description, and parcel number of real estate belonging to the decedent or ward.

(I) The inventory shall contain the address, legal description, and parcel number of any real estate of the decedent or ward.

CRITICAL

Applies to

Original will

Only the Court may enter the case number on original wills filed for record or probate and on cover envelopes for wills filed for safekeeping.

Only the Court shall enter the case number on any original will when filed for record only or when filed for admission to probate. Only the Court shall enter the case number on the cover envelope for any will filed with the Court for safekeeping.

CRITICAL

Applies to

Affidavit of indigency

The applicant or guardian must file an Affidavit of Indigency when requesting a court-cost waiver or compensation from the Indigent Guardianship Fund.

The applicant or the guardian must file with the Court an Affidavit of Indigency, (Loc. F. 66.16A) if the waiver of court costs is being requested or payment of compensation from the Indigent Guardianship Fund is being requested.

CRITICAL

Applies to

Journal entry

Unless the Court otherwise ~ects, Counsel for the Party in whose favor an Order, Decree or Judgment is rendered, shall within five (5) business thereafter prepare the proper Journal Entry and submit it to Counsel for the adverse party who shall approve or reject the same within five ( 5) business days after the receipt thereof.

Unless the Court otherwise ~ects, Counsel for the Party in whose favor an Order, Decree or Judgment is rendered, shall within five (5) business thereafter prepare the proper Journal Entry and submit it to Counsel for the adverse party who shall approve or reject the same within five ( 5) business days after the receipt thereof.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

A Certificate of Service of Inventory and Notice of Hearing must be filed.

a Certificate of Service of Inventory and Notice of Hearing (Loc. F. 78.2A) shall be filed.

CRITICAL

Applies to

Pretrial conference materials

At a pretrial conference, the prosecutor or village solicitor must have the specified case materials available, and the defense must have available all information discoverable under Criminal Rule 16.

The prosecutor or village solicitor shall have available at the pretrial conference all the following material relevant to the case under consideration: 1. Any written or recorded statement of the defendant or co-defendant or a summary of such oral statement. 2. Any prior criminal record of the defendant, and in a traffic case, the prior traffic record of the defendant. A statewide record summary or printout is preferred. 3. Documents or tangible objects, where practicable, which may be material to the defense or used at the trial, or which were obtained from or belong to the defendant. 4. Reports of test or examinations made in connection with the case; accident reports, and in O.V.I. cases, alcohol influence report forms and O.V.I. test results. 5. A written list of the names and addresses of all known witnesses intended to be called at trial. 6. A written statement of all known evidence favorable to the defendant and material either to guilt or punishment. The defense shall have available all information discoverable under Criminal Rule 16.

CRITICAL

Applies to

Admitted or proffered exhibits

In a proceeding recorded by a Court stenographer, admitted or proffered exhibits must be given to the stenographer unless the Court orders otherwise.

In a proceeding recorded by a Court stenographer, custody of exhibits admitted or proffered shall be given to the stenographer, unless otherwise ordered by the Court.

CRITICAL

Applies to

Entry directing deposit

If a minor's estate has no guardian, the applicant's attorney—or, if there is none, the payor's attorney—must ensure the funds are deposited directly and immediately into a restricted-access custodial account and provide the financial institution a copy of the deposit Entry.

Pursuant to Sup.R. 67(C), in the absence of a guardian for the estate of a minor, the attorney representing the applicant, or if there is no attorney for the applicant, then the attorney representing the payor in the matter is responsible to assure the direct and immediate deposit of the funds into a restricted access custodial depository account pursuant to R.C. 2109.13 and provide the financial institution with a copy of the Entry directing the deposit.

CRITICAL

Applies to

Certificate of service of inventory and notice of hearing

Must include

certificate of service

A Certificate of Service of Inventory and Notice of Hearing (Local Form 78.2A) must be filed.

a Certificate of Service of Inventory and Notice of Hearing (Loe. F. 78.2A) shall be filed.

CRITICAL

Applies to

Notification of wards important legal papers

The notification reports the existence and location of the ward’s important legal documents.

The undersigned currently serves as the Guardian of the above-named ward. I hereby report to the Court the existence and location of the ward’s important legal documents.

CRITICAL

Applies to

Ward important legal papers list

A guardian must file a list of the ward's important legal papers and, if known, their locations.

The guardian shall file with the court a list of all 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 papers, if known at the time of filing. See Loe. F. 66.09A.

CRITICAL

Applies to

Application for executor administrator fee

Unless the Court approves otherwise, executor or administrator compensation may not be paid until the final account is prepared for filing and the fee application is filed and approved by the Court.

Unless otherwise approved by the Court, compensation shall not be paid to the Executor or Administrator of an estate until the final account is prepared for filing and an Application for Executor/ Administrator Fee form (Loc. F. 72.1A) has been filed with the Court and approved by the Court.

CRITICAL

Applies to

Mediation referral order

A mediation referral must be made by a Joint Notice of Scheduled Mediation or Judgment Entry, and the referring order must state a “not later than” date for participants or counsel to contact the mediator to schedule.

Referral for mediation shall be by a Joint Notice of Scheduled Mediation or Judgment Entry and the referring order shall recite a "not later than" date for all participants, or their counsel, to make scheduling contact with the identified mediator.

CRITICAL

Applies to

Transcript

Every transcript filed with the Court must identify the reporter by name, address, and telephone number.

Every transcript filed in this Court shall bear the name, address and telephone number of the court reporter making the same.

CRITICAL

Applies to

Extension request

An extension request must be signed by the attorney and fiduciary and must list any previous extension requests.

(B) The attorney and, pursuant to Sup.R. 78(B)(2), the fiduciary, must sign any request for an extension of time and each request must recite any previous requests for an extension.

CRITICAL

Applies to

Mediation agreement

Mediation agreements must be presented to the Court with the parties’ consent and confidentiality waiver, and require the Court’s final approval.

All mediation agreements shall be presented to the Court, with the consent of the parties and waiver of confidentiality and are subject to final approval by the Court.

CRITICAL

Applies to

List of ward legal papers

The guardian must file a list of the ward’s known important legal papers and their locations within three months of appointment.

Within three months of appointment the guardian shall file a list of all of the ward's known important legal papers, including but not limited to estate planning documents, advance directives and the location of such papers.

CRITICAL

Applies to

Proposed judgment entry

The proposed judgment entry must state the gross proceeds and include an itemized proposed closing statement.

(F) The proposed judgment entry confirming sale, ordering issuance of deed and ordering distribution shall show the gross amount of the proceeds and include a copy of the proposed closing statement itemizing all of the proposed disbursements.

CRITICAL

Applies to

Termination application

Must include

certificate of service

A Certificate of Service with supporting documentation satisfactory to the Court must be filed before the termination application is considered.

A Certificate of Service with supporting documentation satisfactory to the Court must be filed prior to the consideration of the application.

CRITICAL

Applies to

Financial and other data

Before the hearing, the parties must provide the Agency with necessary financial and other data to calculate their financial responsibilities.

Prior to said hearing, the parties shall provide such financial and other data as is necessary to the Morgan County Child Support Enforcement Agency for the calculation of financial responsibilities of the parties pursuant to law.

CRITICAL

Applies to

Motion

Every motion must be written and accompanied by a written memorandum containing facts, citations, and counsel’s arguments.

All motions must be in writing and accompanied by a written memorandum containing facts, citations and arguments of counsel.

CRITICAL

Applies to

Continuance motion

Must include

caption, case number, proposed order

A continuance motion must include the proper caption and case number and be filed with a proposed entry whose time and date are left blank.

Motions for continuance shall be submitted in writing with the proper caption and case number. A proposed entry shall be filed with a motion for continuance, leaving the time and date blank for the Court to set a new date.

CRITICAL

Applies to

Financial information

During the month between trial and the post-trial hearing, the parties must present the Agency with financial matters needed to calculate child support.

During the 1 month period between the trial and the post-trial hearing, the parties shall present to the Morgan County Child Support Enforcement Agency all financial matters relative to the calculation of child support.

CRITICAL

Applies to

Account

Original certified-mail return receipts or U.S. Postal Certificates of Mailing must accompany the filing when used as evidence.

If certified mail return receipts or U.S. Postal Certificates of Mailing are used as evidence, originals shall accompany the filing.

CRITICAL

Applies to

Transcript

Transcripts of electronically recorded proceedings must be filed with the Clerk of the trial court.

Transcripts of proceedings of electronically recorded transcripts shall be filed with the Clerk of the trial court.

CRITICAL

Applies to

Account

Each fiduciary must personally sign each account and provide their full name, current residence address, and telephone number, although an attorney-fiduciary may use an office address.

All accounts must be personally signed by each fiduciary and contain the full name, current residence address and telephone number of each fiduciary. Pursuant to LOC.R. 57.2 a fiduciary who is an attorney at law may use an office address.

CRITICAL

Applies to

Guardian inventory

The guardian of the estate's filed inventory must include the ward's assets and income and their value.

Within three months of appointment, a guardian of the estate shall file an inventory and value of the ward's assets and income pursuant to R.C. 2 1 1 1.14.

CRITICAL

Applies to

Authorization order

During the testator’s lifetime, the will may be delivered only to the testator or to a person authorized by a written order proved by a subscribing witness’s oath.

The Will shall, during the lifetime of testator be delivered only to the testator or to some person authorized by the testator by an order in writing duly proved by the oath of a subscribing witness, to receive same;

CRITICAL

Applies to

Pretrial statement

Each counsel must give the Court a written statement of the issues, stipulated matters, and legal questions to be resolved at trial.

Each counsel shall present to the court in writing a statement of the issues involved, the matters stipulated, and the questions of law which are to be resolved by trial.

CRITICAL

Applies to

Next of kin of proposed ward form

The applicant must identify all persons entitled to inherit under Ohio intestacy law and all known children when completing the Next of Kin of Proposed Ward form.

For purposes of completing the Next of Kin of Proposed Ward (SPF 15.0), the applicant, pursuant to R.C.2111.01(E), shall identify any person, whether or not an Ohio resident, who at that time would be entitled to inherit from the proposed ward under the Ohio laws of intestacy and all known children of the proposed ward.

CRITICAL

Applies to

Judgment entry

The Fiduciary must deliver a certified copy of the Entry to the custodial depository.

A certified copy of this Entry shall be delivered by the Fiduciary to the custodial depository

CRITICAL

Applies to

Entry

Fees for counsel’s legal services to the debtor may be added or increased only through an entry endorsed by counsel and the debtor.

Fees for legal services rendered the debtor by counsel of record in the trusteeship may be added or increased only by entry endorsed by counsel and the debtor.

CRITICAL

Applies to

Final guardian account and death certificate

Within ninety days after the ward’s death, the guardian must file a copy of the death certificate and the final guardian’s account.

Within ninety (90) days of the death of the ward, the guardian shall file a copy of the ward’s death certificate and the final guardian’s account.

CRITICAL

Applies to

Executor administrator fees

Executor or administrator fees may not be paid until the final account and Local.F. 72.1A stating the fee-calculation basis are filed and the Court approves the fees by entry.

No fees shall be paid to the executor or administrator of an estate until (1) the final account is filed, (2) Local.F. 72.1A is filed setting forth the basis upon which the fee has been calculated, and (3) the Court has approved the fees by entry.

CRITICAL

Applies to

Criminal background checks

Criminal background checks under R.C. 2151.86(E) must be filed in every adoption case.

(F) The criminal background checks pursuant to R.C. 2151.86 (E) shall be filed in all adoption cases.

CRITICAL

Applies to

Account audit materials

At a scheduled detailed audit meeting, the fiduciary must provide the supporting and other relevant documents requested by the Court's auditing staff.

The fiduciary and the counsel for the fiduciary, if any, for each account identified for a detailed compliance audit will be notified of the date and location to meet with the Court's fiscal auditing staff. At that meeting, the fiduciary shall provide the supporting documents, receipts, statements, registers, and such other documents as may be requested by the Court's auditing staff that it deems relevant to determining the compliance of the accounting with applicable law.

CRITICAL

Applies to

Account

The Court will not approve an account that fails to account for all assets.

The Court will not approve accounts that fail to account for all of the assets.

CRITICAL

Applies to

Emergency guardianship application

An ex parte emergency guardianship application must be accompanied by the specified evaluation, kinship form, signed risk narrative, and compliance with background-check and credibility requirements.

Every application for the appointment of an ex parte emergency guardianship shall be accompanied by: (a) a Statement of Expert Evaluation (Standard Probate Form 17.1) (as supplemented for emergency guardianships with SPF 17.IA); (b) a completed Next of Kin form (SPF 15.0); (c) a narrative statement signed by the applicant setting forth anecdotal information describing the imminent risk of significant injury to the person or property of the minor or incompetent that justifies an ex parte emergency appointment; and (d) compliance with Court's requirements with respect to background checks and credibility.

CRITICAL

Applies to

Indigent guardianship fund payment application

An application for payment from the indigent guardianship fund must include an itemization of services.

Applications for payment from the indigent guardianship fund must be accompanied by an itemization of services.

CRITICAL

Applies to

Entry of dismissal

After a case settles, counsel must promptly submit an Entry of Dismissal to the trial judge.

Counsel shall promptly submit an Entry of Dismissal to the Trial Judge following the settlement of any case.

CRITICAL

Applies to

Annual guardian registration

A guardian with ten or more wards through Ohio probate courts must register with this Court each year by January 31 using an authorized form and listing the wards, case numbers, and appointing courts.

To assist the Court in meeting its supervisory responsibilities under Sup.R. 66.05(B) and in satisfaction of the responsibilities arising under Sup.R. 66.08(H) by January 31st of each year, a guardian with ten or more wards through the probate courts of Ohio shall register with this Court on the local Multi-Guardian Annual Registration Form, or on a standard form adopted for that purpose by the Ohio Supreme Court. The registration shall include a listing of the guardian's wards, the case number and the appointing Court.

CRITICAL

Applies to

Pre publication affidavit

Except in a name-change proceeding, a requested publication service requires a prepublication affidavit to the Court detailing efforts to determine each party’s address and identity.

In any proceeding (other than a name change) in which service by publication is requested, the pre­ publication affidavit required by Civ.R. 4.4(A)(l) and Civ.R. 73(E)(6) demonstrating reasonable diligence must be provided to the Court. The affidavit must specifically set forth the efforts that were taken to attempt to determine the address and identity of each party to be served by publication.

CRITICAL

Applies to

Guardian continuing education compliance documentation

A guardian must provide documentation of continuing-education compliance, including the education details or a certificate containing them.

By December 31 of the first calendar year after completing the guardian fundamentals course, or its waiver by Court order, the guardian is responsible for providing to this Court documentation demonstrating compliance with this guardian continuing education requirement, including the title, date, location and provider of the education, or a certificate of completion containing such information. See Loe. F. 66.06.

CRITICAL

Applies to

Journal entry

Counsel for the party who obtains an order or judgment must prepare a journal entry.

Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry.

CRITICAL

Applies to

Petitioners accounts

Petitioners' accounts must be filed in adoption cases, except step-parent adoptions proceeding without an attorney under subsection (A).

Petitioner's accounts shall be filed in all adoption cases, with the exception of step parent adoptions proceeding without an attorney as allowed by (A) of this section.

CRITICAL

Applies to

Motion to withdraw or certification

Before withdrawal is approved, the motion or a filed certification must state that required notices have been given to the client, other involved persons, and any bonding agencies.

The Court shall not issue an entry approving the withdrawal until the attorney has recited in the Motion or filed a certification that all of the following conditions have been met: (1) Notice has been given to the client advising the client of all known filing deadlines occurring within the next 90 days affecting the client’s case; (2) Notice has been given to all involved attorney’s, unrepresented parties, and interested persons; and (3) Notice has been given to any bonding agencies involved.

CRITICAL

Applies to

Structured settlement approval application

An application for approval of a structured settlement must include a signed statement of its present value and calculation method from one of the listed independent professionals or an equivalent professional.

(A) An application for approval shall include a signed statement specifying the present value of the settlement, and the method of calculation of that value. The statements shall be from one of the 45 following independent professionals: an actuary, certified public accountant, certified financial planner, chartered life underwriter, chartered financial consultant, or an equivalent professional.

CRITICAL

Applies to

Filing

All filings must contain original signatures, and non-attorneys may not sign for an attorney.

All filings must contain original signatures. Non-attorneys may not sign on behalf of an attorney.

CRITICAL

Applies to

Criminal background checks

Criminal background checks under R.C. 2151.86(E) must be filed in every adoption case.

The criminal background checks pursuant to R.C. 2151.86 (E) shall be filed in all adoption cases.

CRITICAL

Applies to

Affidavit of indigency

The affidavit must state the proposed ward’s income and assets and represent that no covered property was transferred for less than full consideration in the preceding five years.

The Affiant represents that the following statements are true: 1. The proposed Ward's income is the following: ____________________ 2. The proposed wards assets consist of the following: A. Real Estate: Address __________________________ B. Bank Accounts/Cash __________________________ C. Investments: _____________________________ 3. Neither the proposed ward nor anyone acting for the proposed ward, within the 5 years preceding the affidavit, has transferred, conveyed, or gifted by trust or otherwise ANY INCOME, ASSETS OR OTHER PROPERTY to any person or entity for less than full consideration, value, or payment.

CRITICAL

Applies to

Mediation agreement

When it is necessary or expedient to put the agreement on the record immediately after mediation, the Court must go on the record with the parties and mediator, acknowledge the confidentiality waiver, have the mediator read the agreement, and take the parties’ acknowledgments.

In cases where it is necessary or expedient that the mediated agreement be put on the record immediately following the mediation, the Court shall go on the record with the parties and the mediator present and acknowledge the parties' waiver of confidentiality as to the agreement. With the waiver, the mediator shall read the agreement into the record and the Court shall take the acknowledgements of the parties as to the agreement.

CRITICAL

Applies to

Application of non resident fiduciary to deposit assets with custodian in lieu of bond

An applicant choosing the depository method must prepare and use the specified non-resident fiduciary application form.

If the applicant elects to use the depository method set forth in (A), then the applicant shall prepare and use the Application of Non-Resident Fiduciary to Deposit Assets with a Custodian in Lieu of Bond form (Loc. F. 60.2A).

CRITICAL

Applies to

Account

Each fiduciary must personally sign every account and provide their full name, current residence address, and telephone number, but an attorney fiduciary may use an office address.

All accounts must be personally signed by each fiduciary and contain the full name, current residence address and telephone number of each fiduciary. Pursuant to LOC.R. 57.2 a fiduciary who is an attorney at law may use an office address.

CRITICAL

Applies to

Application for executor or administrator fee

The fee application form must be completed and filed before fiduciary compensation is paid.

Completion and filing of this form is required before the fiduciary compensation is paid.

CRITICAL

Applies to

Filing

An illegible signature must be accompanied by the signer's typed name, except on exhibits, attachments, and original wills.

Except for exhibits or attachments to filings or on original wills, for any signature that is not clearly legible the typed name represented by the signature must be entered.

CRITICAL

Applies to

Electronically filed pleading

Electronically filed pleadings must be signed by an attorney admitted to practice in Ohio.

All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio.

CRITICAL

Applies to

Guardian credibility application

The guardian credibility application directs the applicant to add details for items A through D.

Add details of A through D

CRITICAL

Applies to

Affidavit for service by publication

The party or counsel must file an affidavit under Civil Rule 4.4(A)(1) before service by publication.

Before service by publication can be made, the party or counsel shall file an Affidavit pursuant to Civ. R. 4.4(A)(1).

CRITICAL

Applies to

Proposed judgment entry

Any proposed Judgment Entry submitted to the Court, subject to Civ.R. 58(B) as modified by Civ.R. 73(I) shall contain language identifying the addresses of parties to whom the Civ.R. 58(B) notice shall be given. If the required language is not included, the Judgment Entry may be returned unsigned.

Any proposed Judgment Entry submitted to the Court, subject to Civ.R. 58(B) as modified by Civ.R. 73(I) shall contain language identifying the addresses of parties to whom the Civ.R. 58(B) notice shall be given. If the required language is not included, the Judgment Entry may be returned unsigned.

CRITICAL

Applies to

Custody affidavit

The custody affidavit must state the child’s residences during the last five years, beginning with the present address, and identify whom the child lived with at each residence.

1. Beginning with the Child’s present address, state where the child lived within the last FIVE years and with whom the child lived during that period.

CRITICAL

Applies to

Waiver of bond

(D) If nominated in the decedent's will to serve without bond, obtain waivers of bond from all beneficiaries.

(D) If nominated in the decedent's will to serve without bond, obtain waivers of bond from all beneficiaries.

CRITICAL

Applies to

Trustee compensation application

Unless the trust instrument provides for compensation, a trustee may seek annual compensation for ordinary services by application and entry, supported by the required trustee-compensation calculation form and using the stated fee schedule.

Except where the instrument creating the trust makes provision for compensation, trustees subject to this Court's jurisdiction may, upon application and entry, be allowed compensation annually for ordinary services in connection with the administration of each separate trust. Loe. F. 74.lA (Calculation of Trustee Compensation) shall be filed in support of the application and using the following fee schedule:

CRITICAL

Applies to

Partial account

Intangible assets must be exhibited with a partial account or verified through arrangements satisfactory to the Court; a current original depository or brokerage document may be provided instead.

The Court requires that all intangible assets be exhibited at the time of filing of a partial account, or other arrangements satisfactory to the Court be made for the verification of their existence. In lieu thereof, a bank certificate, or other current original writing from a depository or brokerage firm reflecting the amount on deposit as of the accounting/inventory date, may be provided to the Court.

CRITICAL

Applies to

Complaint

In a real property sale action, plaintiff’s attorney must obtain and file the engineer’s statement about whether the property description is acceptable for deed transfer purposes at the same time as the complaint.

In any real property sale action the attorney for the Plaintiff shall secure from the Morgan County Engineer's Office, and file a statement reflecting whether the description of the real property is, or is not, acceptable for deed transfer purposes simultaneously with the Complaint.

CRITICAL

Applies to

Notice of intention to move

Must include

case number

Before moving, the residential parent must file a written notice with the Clerk of Courts containing the specified case and party information.

Pursuant to law, if the residential parent intends to move his or her residence, the residential parent PBJQR TQ MOVING, MUST DO ALL OF THE FOLLOWING: 1. File a written notice of the intention to move with the Clerk of Courts of Morgan County, Ohio, 19 East Main Street, McConnelsville, Oh 43 756, containing the following information: a. the case number under which the original visitation order was issued. b. the residential parent's name, old address, and new address c. the non-residential parent's name and present address.

CRITICAL

Applies to

Notice of change of address

The Court must receive written notice of a change in a required address within 30 days of the change.

The Court must be notified in writing of a change in a required address within 30 days of the change of address.

CRITICAL

Applies to

Application to expend funds

A guardian's expenditure of funds will not be approved until SPF 15.5 has been filed and the Application to Expend Funds has been approved.

The expenditure of funds by a guardian shall not be approved until a Guardian's Inventory (SPF 15.5) has been filed and an Application to Expend Funds (SPF 15. 7) has been approved.

CRITICAL

Applies to

Ohio estate tax return

An Ohio Estate Tax Form 22 must be filed for estates of decedents who died before January 1, 2013, and an additional form is required if such an estate is reopened to administer additional real property.

For every estate (administered, released or summarily released) for a decedent dying prior to January 1, 20 1 3, an Ohio Estate Tax Form 22 shall be filed. If a pre-2013 estate is reopened to administer additional real property, an additional Ohio Estate Tax Form 22 is required.

CRITICAL

Applies to

Guardians report

Each Guardians Report for an incompetent must include a Statement of Expert Evaluation unless the Court orders otherwise.

Unless otherwise ordered by the Court each Guardians Report for an incompetent shall be accompanied by a Statement of Expert Evaluation (SPF 17.1).

CRITICAL

Applies to

Assigned counsel bill

Appointed counsel's bills must comply with the specified Assigned Counsel Fee Schedule.

All bills submitted by appointed counsel shall be in accordance with the Assigned Counsel Fee Schedule approved by the Morgan County Bar Association and the Morgan County Board of County Commissioners as jour- nalized in the journal of the Morgan County Board of County Commissioners.

CRITICAL

Applies to

Report of legal paper information

The guardian's report of changes or newly discovered important legal papers must be made to the Court in writing.

If it becomes known to the guardian that such information has changed or the existence of other important legal papers becomes known, the guardian shall report that new information to the Court in writing within thirty days of discovery.

CRITICAL

Applies to

Will deposit

A will deposited with the Court for safekeeping must be accompanied by a completed Will for Deposit form.

Any will that is being deposited with the Court for safekeeping pursuant to R.C. 2107.08 shall be accompanied by a completed Will for Deposit form (Loe. F. 59.2A).

CRITICAL

Applies to

Estate attorney fee application

Both the attorney and fiduciary must sign the estate attorney-fee application.

The application shall be signed by both the attorney and the fiduciary.

CRITICAL

Applies to

Filing

A filing containing white-out or an obliteration must be initialed by the filing party beside the alteration.

Any document filed with the Court that contains “white out” or obliteration must be initialed by the filing party beside the “white out” or obliteration.

CRITICAL

Applies to

Mediation agreement

Mediated agreements must be written, each agreeing party must receive a copy, and the mediator must retain a copy.

Agreements reached through mediation shall be in writing with each agreeing party receiving a copy and a copy being retained in the mediator's file.

CRITICAL

Applies to

Application to settle minor claim

When filing an application to settle a minor's claim, display a certified copy of the minor's birth certificate; the Court will retain a copy and return the original.

A certified copy of the minor's birth certificate must be displayed to the Court upon the filing of the application to settle a minor's claim. A copy will be made for the Court's file and the original will be returned to the submitter.

CRITICAL

Applies to

Reopened pre 2013 estate

Reopening a pre-2013 estate to administer additional real property requires an additional Ohio Estate Tax Form 22.

If a pre-2013 estate is reopened to administer additional real property, an additional Ohio Estate Tax Form 22 is required.

CRITICAL

Applies to

Referral order

A mediation referral must be made by a Joint Notice of Scheduled Mediation or Judgment Entry, and the referring order must state a “not later than” date for participants or counsel to contact the mediator to schedule.

Referral Order – Referral for mediation shall be by a Joint Notice of Scheduled Mediation or Judgment Entry and the referring order shall recite a “not later than” date for all participants, or their counsel, to make scheduling contact with the identified mediator.

CRITICAL

Applies to

Filing

Must include

caption

Each pleading, motion, or other filing must have a correct caption.

All pleadings, motions or other filings shall be typed or legibly printed, in black or blue ink, and correctly captioned.

CRITICAL

Applies to

Answer

A land-sale guardian ad litem must review the pleadings and file an answer for the ward or minor.

A guardian ad litem in a land sale shall be responsible for reviewing the pleadings and filing an answer on behalf of the ward or minor.

CRITICAL

Applies to

Matter captioned in name of deceased individual or guardianship termination due to death

The applicant must exhibit a certified death certificate when filing a matter captioned in a deceased individual’s name or terminating a guardianship because of the ward’s death, unless the court waives the requirement for good cause.

Upon the filing of any matter captioned in the name of a deceased individual, or the termination of a guardianship due to the death of the ward, the applicant shall exhibit to the court a certified copy of the decedent’s death certificate, unless waived by the court for good cause shown.

CRITICAL

Applies to

Status report

The status report must address all pending issues and efforts to conclude the land sale.

The status report shall address all pending issues and efforts being made to conclude the land sale.

CRITICAL

Applies to

Custody affidavit

The affidavit must indicate whether the affiant participated in other litigation concerning the child’s custody or visitation and list the case number, case type, and court name and address.

2. Said affiant (circle one) HAS/HAS NOT participated as a party, witness, or in any other capacity in any other litigation concerning the custody or visitation of the child in this or any other state. Please list the case number, the type of case, and the name and address of the Court.

CRITICAL

Applies to

Journal entry

If counsel cannot agree on the Entry, each side must submit its respective Entry to the trial Judge, who will direct what Entry is to be made.

If Counsel are unable to agree upon the Entry their respective Entry shall be submitted to the trial Judge who will then direct what Entry shall be made.

CRITICAL

Applies to

Certificate of service of notice of probate of will

Must include

certificate of service

The applicant or another person listed in R.C. 2107.19 must file the specified certificate within two months after the fiduciary’s appointment or, if none is appointed, within two months after the will is admitted to probate.

The applicant for the admission of a will to probate, or another person listed in R.C. 2107.19, shall file a Certificate of Service of Notice of Probate of Will (SPF 2.4) not later than two (2) months after the appointment of the fiduciary or, if no fiduciary has been appointed, not later than two (2) months after the admission of the will to probate.

CRITICAL

Applies to

Report on entry of safe deposit box

The report must be signed by the witnessing employee and the Commissioner.

The Report of Entry Into Safe Deposit box shall be signed by the witnessing employee and the Commissioner.

CRITICAL

Applies to

Accounting

Each accounting in an estate where a bond is required must include a copy of the voucher or other proof or receipt showing payment of the current bond premium.

(E) A copy of the voucher, other proofs or receipts for payment of the current bond premium shall be filed with each accounting in an estate where bond has been required.

CRITICAL

Applies to

Child medical condition statement

Before the placement hearing, the child's physician must provide the Court a statement about the child's medical condition.

Prior to the placement hearing, the child's physician shall provide the Court with a statement as to the medical condition of the child being placed.

CRITICAL

Applies to

Initial verification of receipt and or deposit of custodian

The fiduciary must file the Initial Verification of Receipt and/or Deposit of Custodian within seven days after depositing the assets.

4. Within seven (7) days after the deposit of the assets, the Fiduciary shall file with the Court an Initial Verification of Receipt and/or Deposit of Custodian {Loe. F. 22.3A) to evidence that the deposit has been made and is being held subject to the terms of this Entry.

CRITICAL

Applies to

Journal entry

The journal entry must state which party will pay court costs.

The Journal Entry shall state which party will pay the court costs.

CRITICAL

Applies to

Application to sell personal property

An application to sell personal property must adequately describe the property.

Pursuant to SUP.R. 63, an application to sell personal property shall include an adequate description of the property.

CRITICAL

Applies to

Guardian performance complaint

A complaint against a guardian must not be anonymous.

The Court will not accept an anonymous complaint.

CRITICAL

Applies to

Contingent fee application

A fiduciary seeking authority to enter a contingent fee contract must submit a written application that includes the written fee agreement with counsel.

A fiduciary shall make a written application to the Court for authority to enter into a contingent fee contract. The application shall include the written fee agreement with counsel.

CRITICAL

Applies to

Certificate of compliance

The assessor must file a certificate of compliance with R.C. 3107.082, in a Court-satisfactory format, before the first hearing involving the birth parents who received the brochure.

The adoption assessor providing the birth parent(s) with a copy of this brochure shall file a certificate of compliance with R.C. 3107.082 in a format satisfactory to the Court prior to the first hearing that involves the birth parent(s) who received the brochure.

CRITICAL

Applies to

Estate

An Ohio Estate Tax Form 22 must be filed for every administered, released, or summarily released estate of a decedent who died before January 1, 2013.

For every estate (administered, released or summarily released) for a decedent dying prior to January 1, 2013, an Ohio Estate Tax Form 22 shall be filed.

CRITICAL

Applies to

Application to dispense with guardianship

A certified copy of the minor's birth certificate must be displayed to the Court when the application to dispense with guardianship is filed.

A certified copy of the minor's birth certificate must be displayed to the Court upon the filing of the application to dispense with guardianship.

CRITICAL

Applies to

Claim rejection

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

Pursuant to SUP.R. 62(A), when a claim has been filed with the Court pursuant to R.C. 2117.06, the fiduciary shall file a copy of any rejection of the claim with the Court.

CRITICAL

Applies to

Agreement to mediate

Participants must execute a written Agreement to Mediate before taking part in mediation services.

The participants will be required to execute a written "Agreement to Mediate" prior to participating in any mediation services.

CRITICAL

Applies to

Affidavit of indigency

The applicant or guardian must file an Affidavit of Indigency with the Court when requesting a waiver of court costs or payment of compensation from the Indigent Guardianship Fund.

The applicant or the guardian must file with the Court an Affidavit of lndigency, (Loe. F. 66.16A) if the waiver of court costs is being requested or payment of compensation from the Indigent Guardianship Fund is being requested.

CRITICAL

Applies to

Guardians report

A guardian who is not the adult ward’s parent, child, or spouse must include an addendum of personal-needs goals and plans with the annual Guardians Report.

Pursuant to Sup.R. 66.08(G) the guardian of the person for an adult who is not the ward’s parent, child or spouse shall include with the annual Guardians Report an addendum stating the guardian's goals and plans for meeting the personal needs of the ward.

CRITICAL

Applies to

Guardians report

A guardian with ten or more wards must include with the Guardians Report form a statement about awareness of circumstances that may disqualify the guardian from continuing to serve.

A guardian with 10 or more wards shall include with the Guardians Report form, a statement indicating whether the guardian is aware of any circumstances that may disqualify the guardian from continuing to serve as a guardian.

CRITICAL

Applies to

Default judgment

A party requesting default judgment must address the active military service status of the person against whom judgment is sought, in accordance with the Servicemembers Civil Relief Act.

Parties must adhere to the provisions of the Serviceman's Civil Relief Act (50 USC App. 521) by addressing the active military service status of any person against whom a default judgment is requested.

CRITICAL

Applies to

Financial and other data

Before the child-support hearing, the parties must provide the agency the financial and other data needed to calculate their financial responsibilities.

Prior to said hearing, the parties shall orovide such financial and other data as is necessary to the Morgan County Child Support Enforcement Agency for the calculation of financial responsibilities of the parties pursuant to law.

CRITICAL

Applies to

Early payment application

An application for early payment of attorney fees must state the justification for the request.

Any application for early payment shall set forth the justification for the request.

CRITICAL

Applies to

Affidavit for service by publication

The party or counsel must file an affidavit under Civ. R. 4.4(A)(l) before service by publication is made.

Before service by publication can be made, the party or counsel shall file an Affidavit pursuant to Civ. R. 4.4(A)(l).

CRITICAL

Applies to

Certificate of service of notice of probate of will

Must include

certificate of service

The applicant or another person listed in R.C. 2107.19 must file the Certificate of Service of Notice of Probate of Will within two months of the fiduciary’s appointment, or, if none is appointed, within two months of probate admission.

The applicant for the admission of a will to probate, or another person listed in R.C. 2107.19, shall file a Certificate of Service of Notice of Probate of Will (SPF 2.4) not later than two (2) months after the appointment of the fiduciary or, if no fiduciary has been appointed, not later than two (2) months after the admission of the will to probate.

CRITICAL

Applies to

Pro hac vice application

A pro hac vice application must include a written oath substantially complying with Rule XII of the Supreme Court Rules for the Government of the Bar.

(A) Filing a written oath substantially in compliance with Rule XII of the Supreme Court Rules for the Government of the Bar;

CRITICAL

Applies to

Report of entry into safe deposit box

The Report of Entry Into Safe Deposit Box must be signed by the witnessing employee and the Commissioner.

The Report of Entry Into Safe Deposit box shall be signed by the witnessing employee and the Commissioner.

CRITICAL

Applies to

Written certification

The applicant must certify in writing familiarity with the listed rules and the Code of Professional Conduct.

(B) Certifying in writing familiarity with the Local Court Rules, Civil Rules, Rules of Evidence, Rules of Superintendence and the Code of Professional Conduct;

CRITICAL

Applies to

Initial account

An initial account must start with the assets listed on the Inventory and reflect gains or losses in those assets during the accounting period.

All initial accounts must commence with the assets reflected on the Inventory and then reflect any losses or gains in those assets during the period of the accounting.

CRITICAL

Applies to

Report of distribution

Within 15 days after closing, the plaintiff must file a Report of Distribution with the signed settlement statement attached and a proposed entry approving the report.

Within 15 days of closing the sale of the real property the Plaintiff shall file in the real property sale case a Report of Distribution with a copy of the signed settlement statement (HUD-1 or otherwise) attached, reduced to a size suitable for filing and a proposed entry approving the report of distribution.

CRITICAL

Applies to

Court filing

Required filing addresses must include a current street address, with different address requirements for non-attorney and attorney fiduciaries.

When an address is required on a Court filing for an attorney or fiduciary, the address must include a current street address and, if applicable, may include any post office box numbers used as a mailing address. The address of a non-attorney fiduciary must be the fiduciary's legal residence. A fiduciary who is an attorney at law may use an office address.

CRITICAL

Applies to

Application to release funds

Funds in the ward’s name may not be released to the guardian without approval of an Application to Release Funds or another specific court order.

Funds in the name of the ward shall not be released to the guardian without the approval of an Application to Release Funds (SPF 15.6) or other specific court order.

CRITICAL

Applies to

Account

Each accounting must show changes in investments since the preceding account.

The accountings shall show any changes in investments since the last previous account.

CRITICAL

Applies to

Fiduciary account

If someone other than the fiduciary pays the attorney fees, counsel must identify the payment source on the account.

If the source of payment is other than the fiduciary, counsel must identify on the account the source of payment.

CRITICAL

Applies to

Certificate of termination

If no account is required, disclose the payment to the Court on the Certificate of Termination.

If an account is not required, the payment must be disclosed to the Court on the Certificate of Termination.

CRITICAL

Applies to

Matter involving decedent

If a death certificate is not immediately available, an obituary or other evidence of death may initiate the matter, but the certificate must be produced to the court within 30 days.

If a death certificate is not immediately available, an obituary or other document indicative of the decedent’s death shall be acceptable to initiate the matter provided a death certificate is produced to the Court within thirty (30) days.

CRITICAL

Applies to

Application to dispense with appraisement

The Court may dispense with appraisal of an estate asset upon application and good cause, and each application must state the reasons for the request.

Pursuant to R.C. 2115.06, the Court, upon application and for good cause shown, may dispense with the appraisement of any estate asset comprising a part of the estate inventory. Each application shall specifically state the reason(s) for the request.

CRITICAL

Applies to

Early payment application

An application for early payment of attorney fees must state the justification for the request.

Any application for early payment shall set forth the justification for the request.

CRITICAL

Applies to

Custody affidavit

The affiant must indicate whether they participated in other custody or visitation litigation and, if applicable, list the case number, case type, and court name and address.

Said affiant (circle one) HAS/HAS NOT participated as a party, witness, or in any other capacity in any other litigation concerning the custody or visitation of the child in this or any other state. Please list the case number, the type of case, and the name and address of the Court.

CRITICAL

Applies to

Fiduciary acceptance

Letters of appointment cannot issue until the fiduciary executes a written acceptance acknowledging possible removal for failure to perform duties and possible penalties for conversion of fiduciary property.

Letters of appointment shall not issue until a fiduciary has executed a written acceptance of the duties, acknowledging that the fiduciary is subject to removal for failure to perform the duties, and further is subject to possible penalties for conversion of property held as a fiduciary.

CRITICAL

Applies to

Complaint

If a new survey is necessary to obtain an acceptable legal description, the complaint must request authority to commission the survey.

In the event that a new survey of the real property is necessary in order to secure a legal description acceptable for deed transfer purposes, the complaint shall include a prayer for authority to commission a survey.

CRITICAL

Applies to

Motion for continuance

Must include

caption, case number

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

Motions for continuance shall be submitted in writing with the proper caption and case number.

CRITICAL

Applies to

Guardian appointment application

Guardian applicants must undergo a satisfactory civil and criminal record check, although a qualifying Ohio attorney may be exempt at the Court’s discretion upon application.

An applicant for appointment as a guardian, including as an emergency guardian, must submit to a civil and criminal record check satisfactory to the Court. An Ohio attorney applicant currently in good standing with the Supreme Court of Ohio, at the discretion of the Court and upon application may be exempt from the civil and criminal record check.

CRITICAL

Applies to

Pleading

Must include

certificate of service

A Certificate of Service required on a pleading must identify the full name and address where service was perfected.

On any pleadings requiring a Certificate of Service, the Certificate shall identify the full name and address where service was perfected.

CRITICAL

Applies to

Account

When an asset is sold at a gain or loss from its carrying value, any closing or settlement statement must be attached to the account and the resulting value change recorded as a receipt or disbursement.

When assets, including land, are sold as gains or losses from the carrying values, the closing/settlement statements, if any, (i.e. reduced to letter size) must be attached to the account and the resulting changes in value reflected in the receipts (gain) or disbursements (loss).

CRITICAL

Applies to

Entry of dismissal

Counsel must promptly submit an Entry of Dismissal to the Trial Judge after any case is settled.

Counsel shall promptly submit an Entry of Dismissal to the Trial Judge following the settlement of any case.

CRITICAL

Applies to

Guardian inventory

A guardian of the estate must file an inventory and valuation of the ward’s assets and income within three months of appointment.

Within three months of appointment, a guardian of the estate shall file an inventory and value of the ward's assets and income pursuant to R.C. 2111.14.

CRITICAL

Applies to

Account

Accounts must report assets and their gains, losses, and distributions in addition to cash receipts and expenditures.

In addition to accounting for the cash receipts and expenditures, fiduciaries are accounting for the assets, their gains, losses and distributions.

CRITICAL

Applies to

Adoption social and medical histories financial statements and medical statements

Social and medical histories, financial statements, and medical statements must be filed in adoption cases, except adult and foreign adoptions.

(H) Social and medical histories, financial statements and medical statements shall be filed in all adoption cases, with the exception of adult and foreign adoptions.

CRITICAL

Applies to

Account

Must include

certificate of service

Before the account hearing, the fiduciary must file the specified certificate of service and, for each person to be served, either a waiver or proof of service; originals must accompany the filing when certified-mail receipts or postal certificates of mailing are used as evidence.

(C) Prior to the hearing on the account, every fiduciary filing an account must also file: (1) A Certificate of Service of Notice of Hearing on Account (SPF 13.9); and (2) For each person required to be served, either: (a) A Waiver of Notice of Hearing on Account (SPF 13.7) or (b) A proof of service of Notice of Hearing in a manner approved for service in Loc.R. 64.9(B). If certified mail return receipts or U.S. Postal Certificates of Mailing are used as evidence, originals shall accompany the filing.

CRITICAL

Applies to

Guardians report

Each Guardians Report for an incompetent must include SPF 17.1 unless the Court orders otherwise; the Court may dispense with later evaluations if a physician or clinical psychologist gives the specified opinion that the ward's capacity will not improve.

Unless otherwise ordered by the Court each Guardians Report for an incompetent shall be accompanied by a Statement of Expert Evaluation (SPF 17.1). If a physician or clinical psychologist states as an Additional Comment on a Statement of Expert Evaluation, that is their opinion that to a reasonable degree of medical or psychological certainty that the ward's mental capacity will not improve, the Court, may dispense with the filing of subsequent Statements of Expert Evaluation with the Guardians Report.

CRITICAL

Applies to

Pretrial statement

Each counsel must file a written statement identifying trial witnesses and addressing a requested view, jury status and number of jurors, and separate trial of damages.

Each counsel shall file with the Court in writing a statement indicating the names of all witnesses, both expert and non-expert, expected to be called at the trial; whether a view will be requested; whether a jury trial, if previously demanded, will now be waived, and if not, the number of jurors demanded; and whether the case is one where the issue of damages should be tried separately if liability is found.

CRITICAL

Applies to

Inventory

If multiple fiduciaries have been appointed, each must sign the inventory.

When multiple fiduciaries have been appointed, all fiduciaries must sign the inventory.

CRITICAL

Applies to

Inventory

If multiple fiduciaries have been appointed, every fiduciary must sign the inventory.

When multiple fiduciaries have been appointed, all fiduciaries must sign the inventory.

CRITICAL

Applies to

Fiduciary filing

Documents requiring a fiduciary's signature must bear that fiduciary's original signature; each co-fiduciary must sign or the filing must explain the missing signature and efforts to obtain it.

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

CRITICAL

Applies to

Schedule of claims

If a hearing on claims or insolvency is required or requested, the fiduciary must file a schedule of all claims against the estate.

Pursuant to SUP.R. 62(B), if the Court requires a hearing on claims or the fiduciary requests a hearing on claims or insolvency, the fiduciary shall file a schedule of all claims against the estate with the Court.

CRITICAL

Applies to

Filing

Must include

case number

Each page of a filing or attachment that does not bear the case caption must show the case number in its upper portion.

All filings, including attachments, must have the case number on the upper portion of each page not bearing the case caption.

CRITICAL

Applies to

Guardians report

A guardian with ten or more wards must include with the Guardians Report form a statement about whether the guardian is aware of circumstances that may disqualify continued service.

A guardian with IO or more wards shall include with the Guardians Report form, a statement indicating whether the guardian is aware of any circumstances that may disqualify the guardian from continuing to serve as a guardian.

CRITICAL

Applies to

Child medical condition statement

Before the placement hearing, the child's physician must provide the Court a statement about the child's medical condition.

Prior to the placement hearing, the child's physician shall provide the Court with a statement as to the medical condition of the child being placed.

CRITICAL

Applies to

Marriage license application

A minor applying for a marriage license must provide proof of prior counseling by clergy or a licensed counselor; the proof may be a letter on the counselor’s letterhead addressed to the Court.

Pursuant to R.C. 3101.05, any applicant for a marriage license who is a minor must provide proof of having received marriage counseling prior to applying for the license. The counselors shall be either clergy or a person licensed to provide counseling. Proof of counseling may be in the form of a letter from the counselor on the counselor’s letterhead, addressed to this Court.

CRITICAL

Applies to

Application to release funds

Funds held in the ward's name may not be released to the guardian without approval of SPF 15.6 or another specific court order.

Funds in the name of the ward shall not be released to the guardian without the approval of an Application to Release Funds (SPF 15.6) or other specific court order.

CRITICAL

Applies to

Minor settlement

A guardianship must be established or dispensed with under its own case number before a minor's settlement may be approved.

Before settlement may be approved, a guardianship must be established or dispenses with under its own case number.

CRITICAL

Applies to

Documents filed on behalf of represented parties

Documents filed for represented parties must be signed by one attorney in that attorney’s individual name as trial attorney.

All documents filed on behalf of one or more parties represented by counsel shall be signed by one attorney in his individual name as trial attorney.

CRITICAL

Applies to

SPF 45 D

When personal identifiers are first omitted from a filing, they must be submitted on SPF 45(D), which is not a public record.

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

CRITICAL

Applies to

Multi guardian annual registration

The annual registration must use the local form or an Ohio Supreme Court standard form and list the guardian’s wards, each case number, and the appointing court.

the probate courts of Ohio shall register with this Court on the local Multi-Guardian Annual Registration Form, or on a standard form adopted for that purpose by the Ohio Supreme Court. The registration shall include a listing of the guardian's wards, the case number and the appointing Court.

CRITICAL

Applies to

Jury demand

Requests for a jury trial must comply with Civil Rule 38.

Requests for trial by jury shall be made in accordance with Civil Rule 38.

CRITICAL

Applies to

Indigent guardianship fund payment application

Applications for payment from the indigent guardianship fund must include an itemization of services.

Applications for payment from the indigent guardianship fund must be accompanied by an itemization of services.

CRITICAL

A sale cannot be approved unless the county treasurer’s liens are paid from the proceeds or the buyer specifically acknowledges that the lien will remain on the property.

No sale shall be approved if the liens of the county treasurer are not satisfied from the proceeds of the sale without a specific acknowledgement from the buyer that the buyer understands that the treasurer's lien shall remain on the property after sale.

CRITICAL

Applies to

Mediation agreement

For an agreement reached by unrepresented parties, the mediator must file the written agreement under seal and the matter must be set for a hearing to address confidentiality waiver and acknowledgment of the agreement’s terms.

In the event that the parties are not represented by counsel and an agreement is reached through mediation, the mediator shall file a sealed copy of the written agreement with the Court and the matter shall be set for further hearing, at which hearing the Court shall ask the parties to waive confidentiality as to the agreement and take the acknowledgements of the parties as to the terms of the agreement.

CRITICAL

Applies to

Initial verification of receipt and or deposit of custodian

The Fiduciary must submit the specified Initial Verification to document the asset deposit and its restricted holding.

Within seven (7) days after the deposit of the assets, the Fiduciary shall file with the Court an Initial Verification of Receipt and/or Deposit of Custodian (Loc. F. 22.3A) to evidence that the deposit has been made and is being held subject to the terms of this Entry.

CRITICAL

Applies to

Order of sale

An order of sale may not be granted before the inventory is filed unless good cause is shown.

Except for good cause shown, an order of sale shall not be granted prior to the filing of the inventory.

CRITICAL

Applies to

Entry

An entry must be signed by a judge to be accepted for filing.

No entry shall be accepted for filing unless signed by a judge.

CRITICAL

Applies to

Pleading

Must include

certificate of service

A Certificate of Service on a pleading must identify the full name and address where service was completed.

On any pleadings requiring a Certificate of Service, the Certificate shall identify the full name and address where service was perfected.

CRITICAL

Applies to

Certificate of good standing

The application must include a certificate of good standing establishing the out-of-state attorney's license, dated no earlier than 60 days before filing with the Court.

(C) Submitting a certificate of good standing dated no earlier than 60 days prior to its filing with this Court, which establishes the out-of-state attorney's license to practice law in that jurisdiction;

CRITICAL

Applies to

Special damages itemization

Each counsel must submit a written itemization of any special damages claimed.

Each counsel shall present in writing to the Court an itemization of all special damages claimed, if any.

CRITICAL

Applies to

Motion

Motions must clearly and specifically state their grounds, include supporting citations, and attach copies of foreign and federal decisions; noncompliant motions will be summarily overruled.

All motions shall set forth clearly and specifically the grounds for such motions, along with supporting citations (copies of foreign and federal decision to be attached). Any motions filed which are not in compliance with this Rule shall be summarily overruled.

CRITICAL

Applies to

Mediation agreement

After the confidentiality waiver, the mediator must read the agreement into the record, and the Court must obtain the parties' acknowledgments of it.

With the waiver, the mediator shall read the agreement into the record and the Court shall take the acknowledgements of the parties as to the agreement.

CRITICAL

Applies to

Pro hac vice application

The application must include a proposed entry authorizing its approval.

(F) Submitting a proposed entry authorizing the approval of the application.

CRITICAL

Applies to

Transcript

The reporter must file a copy of the transcript with the Court.

The Court will provide a digital recording to the reporter who shall prepare a transcription in accordance with Rule 9(B) of the Rules of Appellate Procedure and the reporter shall file a copy of the transcript with this Court.

CRITICAL

Applies to

Custodial funds deposit

Approval or payment must await confirmation of receipt and restricted holding of the funds and filing of the Initial Verification form.

not be approved or paid until the Court is satisfied that the funds being deposited have been received by the custodial depository, are being held restrictively in accordance with applicable law, and an Initial Verification of Receipt and/or Deposit of Custodian (Loe. F. 22.3A) has been filed with the Court.

CRITICAL

Applies to

Proposed judgment entry

A proposed Judgment Entry must identify the addresses of parties who will receive Civ.R. 58(B) notice and may be returned unsigned if it omits that language.

Any proposed Judgment Entry submitted to the Court, subject to Civ.R. 58(B) as modified by Civ.R. 73(1) shall contain language identifying the addresses of parties to whom the Civ.R. 58(B) notice shall be given. If the required language is not included, the Judgment Entry may be returned unsigned.

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

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

A proposed entry shall be filed with a motion for continuance, leaving the time and date blank for the Court to set a new date.

CRITICAL

Applies to

Application to release estate from administration

An applicant without counsel must present photo identification and proof of a current address and comply with the Medicaid Recovery Acknowledgment rule.

Any applicant who is not represented by counsel shall exhibit to the Court photo identification and proof of a current address in a manner satisfactory to the Court and comply with Loc.R. 62.5 relating to the Medicaid Recovery Acknowledgment.

CRITICAL

Applies to

Transcript

Anyone seeking to preserve the record beyond the three-year retention period must arrange for transcription and file the transcript in the case file.

Any interested person desiring to preserve the record beyond that period must make arrangements to have the record transcribed as provided above and shall file the transcript in the case file.

CRITICAL

Before the settlement is approved, a guardianship must be established or dispensed with under its own case number.

Before settlement may be approved, a guardianship must be established or dispenses with under its own case number.

CRITICAL

Applies to

Signed settlement statement

When a fiduciary sells real estate using a unanimous Consent of Power to Sell Real Estate as is authorized by R.C. 2127.011, the fiduciary shall file with the Court a copy of the signed settlement statement (HUD-1, or otherwise) within 15 days of the closing of the sale.

When a fiduciary sells real estate using a unanimous Consent of Power to Sell Real Estate as is authorized by R.C. 2127.011, the fiduciary shall file with the Court a copy of the signed settlement statement (HUD-1, or otherwise) within 15 days of the closing of the sale.

CRITICAL

Applies to

Guardian of person compensation application

When a guardian is applying for compensation as guardian of the person, the guardian shall consider the factors set forth in Sup.R. 73 (B). The application for compensation should address each applicable factor (itemization of expenses, additional compensation, apportionment of the aggregate compensation between co­ guardians, and denial or reduction).

When a guardian is applying for compensation as guardian of the person, the guardian shall consider the factors set forth in Sup.R. 73 (B). The application for compensation should address each applicable factor (itemization of expenses, additional compensation, apportionment of the aggregate compensation between co­ guardians, and denial or reduction).

CRITICAL

Applies to

Next of kin of proposed ward

The applicant completing SPF 15.0 must identify anyone entitled to inherit from the proposed ward under Ohio intestacy laws, regardless of residency, and all known children of the proposed ward.

For purposes of completing the Next of Kin of Proposed Ward (SPF 15.0), the applicant, pursuant to R.C.211l.0l (E), shall identify any person, whether or not an Ohio resident, who at that time would be entitled to inherit from the proposed ward under the Ohio laws of intestacy and all known children of the proposed ward.

CRITICAL

Applies to

Account

Copies of disbursement proofs must be displayed when filing an account, and a financial-institution statement showing the payee, check amount, and payment date is acceptable as a voucher.

Copies of vouchers, receipts, cancelled checks, or other proofs of disbursements are to be displayed when filing accounts. The Court will accept as a voucher a statement from a financial institution specifying the payee, check amount, and date of payment.

CRITICAL

Applies to

Filing

The filing party must initial beside any white-out or obliteration in a filed document.

Any document filed with the Court that contains "white out" or obliteration must be initialed by the filing party beside the "white out" or obliteration.

CRITICAL

Applies to

Application of non resident fiduciary to deposit assets

An applicant using the depository method must prepare and use the specified non-resident fiduciary application form.

If the applicant elects to use the depository method set forth in (A), then the applicant shall prepare and use the Application of Non-Resident Fiduciary to Deposit Assets with a Custodian in Lieu of Bond form (Loe. F. 60.2A).

CRITICAL

Applies to

Mediation agreement

When it is necessary or expedient to put the mediated agreement on the record immediately after mediation, the Court must do so with the parties and mediator present and acknowledge the parties' confidentiality waiver.

In cases where it is necessary or expedient that the mediated agreement be put on the record immediately following the mediation, the Court shall go on the record with the parties and the mediator present and acknowledge the parties' waiver of confidentiality as to the agreement.

CRITICAL

Applies to

Guardian fundamentals training compliance documentation

A guardian must provide the Court, in a timely manner, documentation establishing compliance with the guardian fundamentals training requirement.

The guardian is responsible for providing to the Court in a timely manner documentation that establishes compliance with the guardian fundamentals training requirement.

CRITICAL

Applies to

Guardianship application

A guardianship application for a minor must be accompanied by display of a certified copy of the minor's birth certificate to the Court.

A certified copy of the minor's birth certificate must be displayed to the Court with the guardianship application.

CRITICAL

Applies to

Notice of substitution

Substitution of counsel does not require court approval, but written notice of substitution must be filed with the Court.

(C) Substitution of counsel does not require approval of the Court; however, written notice of substitution shall be filed with the Court.

CRITICAL

Applies to

Account

Copies of vouchers, receipts, cancelled checks, or other proofs of disbursements are to be displayed when filing accounts.

Copies of vouchers, receipts, cancelled checks, or other proofs of disbursements are to be displayed when filing accounts.

CRITICAL

Applies to

Mediation agreement

Mediation agreements must be written, provided to each agreeing party, and retained in the mediator’s file.

Agreements reached through mediation shall be in writing with each agreeing party receiving a copy and a copy being retained in the mediator's file.

CRITICAL

Applies to

Exhibits

In an electronically recorded proceeding, exhibits must be filed in the Court case file unless the Court orders otherwise.

If the proceeding is electronically recorded, exhibits shall be filed in the Court case file, unless otherwise ordered by the Court.

CRITICAL

Applies to

Custody affidavit

The affiant must indicate whether they or a household member has a conviction for any listed offense and provide the case number, court, state or county, and crime.

Said affiant or any member of your household ( circle one) HAS/HAS NOT been convicted of any criminal offense, including guilty pleas, involving acts that resulted in a child being abused or neglected; any domestic violence offense that is a violation of R.C. 2919.25; any sexually oriented offense as defined in R.C. 2950.01; and any offense involving a victim who was a family or household member at the time of the offense and caused physical harm to the victim during the commission of the offense. Case Number Court/State/County Crime Convicted Of

CRITICAL

Applies to

Application to sell personalty

An application to sell personal property must include an adequate description of the property.

Pursuant to SUP.R. 63, an application to sell personal property shall include an adequate description of the property.

CRITICAL

Applies to

Proposed jury instructions

Proposed written jury instructions must be submitted no later than seven days before trial.

Proposed written instructio ns shall be subm itted not later than seven (7) days before trial.

CRITICAL

Applies to

Application for executor or administrator fee

The account cannot be approved until the fee application form is completed and filed.

The account will not be approved until this form is completed and filed.

CRITICAL

Applies to

Initial filing and estate entries

Estate captions and specified estate entries must use the decedent’s name as shown on the death certificate and will, or recite both names with the applicable aka or formerly-known-as abbreviation if they differ.

In every estate, the name of the decedent entered on the caption of the initial filing and on the Letters of Authority, Entry Relieving Estate or Entry Granting Summary Release shall be identical to that reflected on the death certificate and on the decedent's Last Will and Testament. If the name on the death certificate and the will are different, then the caption of the initial filing and the Letters of Authority, Entry Relieving Estate or Entry Granting Summary Release shall recite each of the names and use the applicable abbreviation for "also known as" (aka) or "formerly known as" (flea).

CRITICAL

Applies to

Minor settlement proceeding

A minor's settlement must proceed as a separate proceeding, not under the case number for an existing guardianship or a separate guardianship-dispensation proceeding.

The settlement of minor's claim is a separate proceeding in the Court and shall not proceed under the case number assigned to an existing guardianship proceeding or to a separate proceeding to dispense with a guardianship.

CRITICAL

Applies to

Initial verification of receipt and or deposit of custodian

Approval or payment requires the Court to be satisfied that the funds have been received and restrictively held, and that the Initial Verification has been filed.

not be approved or paid until the Court is satisfied that the funds being deposited have been received by the custodial depository, are being held restrictively in accordance with applicable law, and an Initial Verification of Receipt and/or Deposit of Custodian (Loc. F. 22.3A) has been filed with the Court.

CRITICAL

Applies to

Subsequent account

Each subsequent account must begin with the full amount of assets remaining from the prior account and continue until the balance is zero.

Subsequent accounts must begin with the entire sum reflected on the prior account's assets remaining, until the balance remaining is zero dollars ($0.00).

CRITICAL

Applies to

Motion

Each motion’s accompanying memorandum must contain the facts and arguments of counsel.

All motions shall be made in writing and accompanied by a written memorandum containing the facts and the arguments of counsel.

CRITICAL

Applies to

Prepublication affidavit

For publication requests other than name changes, a pre-publication affidavit must be provided to the Court and describe efforts to determine each party’s address and identity.

In any proceeding (other than a name change) in which service by publication is requested, the pre- publication affidavit required by Civ.R. 4.4(A)(1) and Civ.R. 73(E)(6) demonstrating reasonable diligence must be provided to the Court. The affidavit must specifically set forth the efforts that were taken to attempt to determine the address and identity of each party to be served by publication.

CRITICAL

Applies to

Partial account

Intangible assets must be exhibited with a partial account, or satisfactory arrangements must be made to verify their existence.

The Court requires that all intangible assets be exhibited at the time of filing of a partial account, or other arrangements satisfactory to the Court be made for the verification of their existence.

CRITICAL

Applies to

Audit documents

At the audit meeting, the fiduciary must provide the listed supporting materials and other relevant documents requested by the Court's auditing staff.

At that meeting, the fiduciary shall provide the supporting documents, receipts, statements, registers, and such other documents as may be requested by the Court's auditing staff that it deems relevant to determining the compliance of the accounting with applicable law.

CRITICAL

Applies to

Claim schedule

If a claims or insolvency hearing is required or requested, the fiduciary must file a schedule of all claims against the estate.

Pursuant to SUP.R. 62(B), if the Court requires a hearing on claims or the fiduciary requests a hearing on claims or insolvency, the fiduciary shall file a schedule of all claims against the estate with the Court.

CRITICAL

Applies to

Estate accounting

Each accounting in an estate requiring a bond must include proof or receipts showing payment of the current bond premium.

A copy of the voucher, other proofs or receipts for payment of the current bond premium shall be filed with each accounting in an estate where bond has been required.

CRITICAL

Applies to

Status report

The plaintiff and/or fiduciary must submit a written status report addressing pending issues and efforts to conclude the land sale.

A written status report shall be submitted to the court by the plaintiff and/or the fiduciary at least seven days prior to the status conference. The status report shall address all pending issues and efforts being made to conclude the land sale.

CRITICAL

Applies to

Agreed judgment entry

For represented parties, counsel must either submit an Agreed Judgment Entry incorporating the mediation terms or follow the specified on-the-record procedure and prepare an Agreed Entry.

If the parties are represented by counsel then either (1) counsel shall submit an Agreed Judgment Entry incorporating the terms of the mediation agreement, or (2) the Court shall go on the record with the parties and the mediator present, acknowledge the parties’ waiver of confidentiality as to the agreement, have the mediator read the agreement into the record, take the acknowledgement of the parties to the agreement as read into the record, and directing counsel to prepare an Agreed Entry reflecting the mediation agreement.

CRITICAL

Applies to

Structured settlement approval application

If an annuity funds the structured settlement, the approval application must include a signed statement from the annuity carrier or procuring broker confirming Ohio licensure and qualifying ratings from at least one listed organization.

(B) If the settlement is to be funded by an annuity, the application shall include a signed statement by the annuity carrier or the broker procuring the policy stating that: (1) The annuity carrier is licensed to write annuities in Ohio; (2) The annuity carrier's ratings from at least one of the following organizations, meeting the following criteria: (a) A.M. Best Company: A++, A+, or A; (b) Duff & Phelps Credit Rating Company (Claims Paying Ability Rating): AAA, AA+, or AA; (c) Moody's Investors Service (Financial Strength): Aaa, Aal, or Aa2; (d) Standard & Poor's Corporation (Financial Strength): AAA, AA+, or AA; (e) Weiss Research Inc.: A+ or A;

CRITICAL

Applies to

Multi guardian annual registration

A guardian seeking compensation from the guardianship or the Court must submit a fee schedule with the annual registration that distinguishes guardianship-service fees from legal fees and other direct-service fees.

If the guardian will be seeking compensation from the guardianship or from the Court, the guardian shall accompany the annual registration with a fee schedule that differentiates guardianship services fees as established by local rule from legal fees or other direct services.

CRITICAL

Applies to

List of ward legal papers

The guardian's filed list must identify known important legal papers of the ward and where they are located.

Within three months of appointment the guardian shall file a list of all of the ward's known important legal papers, including but not limited to estate planning documents, advance directives and the location of such papers.

CRITICAL

Applies to

Time and service records

Submit the fiduciary and attorney time-and-service records to the Court for review upon request.

These records shall, upon request, be submitted to the Court for review.

CRITICAL

Applies to

Guardians report

A guardian of the person who is not the adult ward's parent, child, or spouse must include an addendum to the annual report describing goals and plans for meeting the ward's personal needs.

Pursuant to Sup.R. 66.08(G) the guardian of the person for an adult who is not the ward's parent, child or spouse shall include with the annual Guardians Report an addendum stating the guardian's goals and plans for meeting the personal needs of the ward.

CRITICAL

Applies to

Guardians report

The guardian of the person of an adult incompetent must file the Guardians Report annually.

Annually, the guardian of the person of an adult incompetent shall file the Guardians Report (SPF 17.7).

CRITICAL

Applies to

Verification of receipt and deposit form

The attorney must obtain the Verification of Receipt and Deposit (SPF 22.3) and file it with the Court within seven days after the deposit Entry is issued.

The attorney shall obtain a Verification of Receipt and Deposit (SPF 22.3) from the financial institution and file that form with the Court within seven (7) days of the issuance of the Entry directing the deposit.

CRITICAL

Applies to

Estate inventory

Except for the stated valuation options, an appraisal must be obtained from someone on the approved appraisers list.

Otherwise an appraisal is required from an individual listed on the approved appraisers list.

CRITICAL

Applies to

Guardian appointment application

An applicant for appointment as guardian must complete and file the Guardian’s Credibility form.

Additionally, an applicant for appointment shall complete and file a Guardian's Credibility form (Loe. F. 66.05A).

CRITICAL

Applies to

Assigned counsel bill

When the Court appoints counsel for an indigent person, assigned counsel must submit a bill for services on approved forms, with the required affidavits of indigency, within 14 days after the case ends.

In all cases involving indigent persons whe=e the Court has appointed counsel, it shall be the responsibility of the assigned counsel to submit to the Court fo= approval on approved forms counsel's bill fo~ services, together with such affidavits of indigency as required by the Ohio Public Defender's Commission, within 14 cays of the termination of the case.

CRITICAL

Applies to

Pro hac vice application

The applicant must have a written sponsor who is licensed in Ohio and certifies the out-of-state attorney’s compliance with this rule and the Supreme Court Rules for the Government of the Bar.

(D) Being sponsored in writing by an attorney licensed to practice law in Ohio who shall certify the out-of­ state attorney's compliance with this rule and the Supreme Court Rules for the Government of the Bar;

WARNING

Applies to

Fee statement

The Court may require a detailed fee statement that includes an itemization and date of service performed, time expended, identification of the individual(s) performing the services, the hourly rate charged, and such other information as the Court deems relevant to establish the reasonableness of the fee.

The Court may require a detailed fee statement that includes an itemization and date of service performed, time expended, identification of the individual(s) performing the services, the hourly rate charged, and such other information as the Court deems relevant to establish the reasonableness of the fee.

WARNING

Applies to

Application for entry of safe deposit box

The application form states that a certified copy of the death certificate is exhibited to the Court and that the Court retains a photocopy.

A certified copy of the decedent’s death certificate has been exhibited to the Court with the Court retaining for the file a photocopy.

WARNING

Applies to

Journal entry

If adverse counsel does not act within the specified time, the preparer may submit the Entry to the Court with a notation stating when it was presented and that adverse counsel did not sign it.

Upon failure of the adverse party to act upon the Entry in the specified time, its preparer may submit said Entry to the Court for approval with a notation as to when it was presented to the adverse party and that the adverse party has not signed the Journal Entry.

WARNING

Applies to

Estate accounting

Original vouchers may be required for an estate accounting selected for a detailed compliance audit.

Original vouchers may be required for any estate accounting identified for detailed compliance audit under Loc.R. 64.5.

WARNING

Applies to

Filing

Reasonable diligence shall be exercised to obtain the complete street addresses of the surviving spouse, children, next of kin, legatees and devisees, as applicable to the particular filing.

Reasonable diligence shall be exercised to obtain the complete street addresses of the surviving spouse, children, next of kin, legatees and devisees, as applicable to the particular filing.

WARNING

Applies to

Trial exhibits

Counsel must bring to the pretrial all exhibits expected to be offered at trial when practicable.

Each counsel shall bring to the pretrial, all exhibits if practicable, which are expected to be offered in evidence at the trial.

WARNING

Applies to

Guardian personal information change notification

The guardian’s personal-information change notification directs the guardian to attach additional pages if needed.

[Attach additional pages if necessary]

WARNING

Applies to

Application for entry of safe deposit box

The application includes the Applicant’s representation about any proceedings commenced to administer or release the estate, with space to identify exceptions.

The Applicant represents to the Court that the Applicant is unaware of any proceedings having been commenced to administer, or release, the decedent’s estate, except .

WARNING

Applies to

Estate inventory

A separate application to dispense with appraisal is unnecessary when the fiduciary uses the County Auditor's real-estate valuation and notes that choice on the inventory with a copy of the parcel's property tax card attached.

Notwithstanding the foregoing, pursuant to RC 2115.06, an application to dispense with appraisal is not necessary when the fiduciary elects to use the County Auditor's valuation for real estate, provided the fiduciary includes a notation on the Inventory that the auditor's valuation is being used and attaches to the Inventory a copy of the parcel's property tax card.

WARNING

Applies to

Settlement application

For a settlement with net proceeds under $25,000, a separate guardianship-dispensation filing is not required if the application fully describes how the funds will be handled.

Note: If the net proceeds of the minor's settlement totals less than $ 25,000, the Court will not require a separate "dispensing with guardianship" filing, provided that the proposed manner of handling the funds is fully described in the settlement application.

WARNING

Applies to

Court filing

Reasonable diligence must be used to obtain complete street addresses for the listed persons when applicable to the filing.

Reasonable diligence shall be exercised to obtain the complete street addresses of the surviving spouse, children, next of kin, legatees and devisees, as applicable to the particular filing.

WARNING

Applies to

Guardian of person compensation application

The application for compensation should address each applicable factor (itemization of expenses, additional compensation, apportionment of the aggregate compensation between co- guardians, and denial or reduction).

The application for compensation should address each applicable factor (itemization of expenses, additional compensation, apportionment of the aggregate compensation between co- guardians, and denial or reduction).

WARNING

Applies to

Affidavit of indigency

The affidavit of indigency states the proposed ward’s indigency and financial circumstances, includes the listed income, asset, and transfer statements, and is sworn and signed before a notary or deputy clerk.

The Affiant being duly cautioned and sworn, states that the proposed ward is reasonably believed to be indigent and without the financial means to pay the court costs associated with a guardianship. The Affiant represents that the following statements are true: 1. The proposed Ward’s income is the following: . 2. The proposed wards assets consist of the following: A. Real Estate: Address B. Bank Accounts/Cash C. Investments: 3. Neither the proposed ward nor anyone acting for the proposed ward, within the 5 years preceding the affidavit, has transferred, conveyed, or gifted by trust or otherwise ANY INCOME, ASSETS OR OTHER PROPERTY to any person or entity for less than full consideration, value, or payment. Affiant: Date Typed/Printed SWORN TO and SIGNED in my presence on the date indicated above by the Affiant who affirmed that the foregoing statements are true, based upon the Affiant’s personal knowledge, information or belief.

WARNING

Applies to

Application to dispense with appraisal

The Court may waive appraisal of an estate asset upon application and good cause, and each application must state the reasons for the request.

Pursuant to R.C. 2115.06, the Court, upon application and for good cause shown, may dispense with the appraisement of any estate asset comprising a part of the estate inventory. Each application shall specifically state the reason(s) for the request.

WARNING

Applies to

Transcript

To preserve an electronically recorded proceeding beyond the Court's three-year retention period, an interested person must arrange for transcription and file the transcript in the case file.

The Court will maintain electronically recorded proceedings for three (3) years from the date of hearing. Any interested person desiring to preserve the record beyond that period must make arrangements to have the record transcribed as provided above and shall file the transcript in the case file.

WARNING

Applies to

Notification of wards important legal papers

The notification reports the existence and location of the ward's important legal documents.

The undersigned currently serves as the Guardian of the above-named ward. I hereby report to the Court the existence and location of the ward's important legal documents.

WARNING

Applies to

Initial application for appointment of fiduciary

Where appropriate, the surviving spouse’s waiver of service should be filed with the initial fiduciary-appointment application.

Where appropriate, the Waiver of Service to Surviving Spouse of the Citation to Elect (SPF 8.6) should be filed at the same time as the initial application for appointment of the fiduciary.

WARNING

Applies to

Hearing notice

The trustee may waive the application-hearing notice and consent to payment, while the Court may require notice of the fee-payment hearing to affected trust beneficiaries.

The trustee may waive notice of hearing on the application and consent to the payment of fees. The Court may require notice of the hearing on the payment of the fees be given to the trust beneficiaries who are affected by the payment of fees.

WARNING

Applies to

Estate inventory

For an estate inventory, the fiduciary may attach the original signed appraisal instead of obtaining the appraiser’s signature on the inventory.

In lieu of the appraiser signing the estate inventory, the fiduciary may attach the original appraisal(s) containing the signature of the appraiser(s) to the inventory.

WARNING

Applies to

Estate accounting

Original vouchers may be required for an estate accounting selected for a detailed compliance audit.

Original vouchers may be required for any estate accounting identified for detailed compliance audit under Loc.R. 64.5.

WARNING

Applies to

Oath

Do not sign the oath until a notary is present.

(Do Not Sign Until Notary is Present)

WARNING

Applies to

Waiver of service to surviving spouse

Where appropriate, the waiver of service to the surviving spouse should be filed with the initial fiduciary-appointment application.

Where appropriate, the Waiver of Service to Surviving Spouse of the Citation to Elect (SPF 8.6) should be filed at the same time as the initial application for appointment of the fiduciary.

WARNING

Applies to

Request for filed stamped copy

To receive filed-stamped copies by mail, submit an exact copy with the original and include a self-addressed, adequately stamped return envelope.

The Court will not return "filed" stamped copies by mail unless an exact copy of the original is submitted with the original and is accompanied by a self-addressed and adequately stamped return envelope.

WARNING

Applies to

Transcript

A party may request a transcript of appellate proceedings and is responsible for contracting with a certified court reporter or another court-approved transcriber.

A written record of proceedings in any case on appeal may be transcribed a~ the request of any party who shall be responsible for contracting for said transcrip- tion by a certified court reporter or other transcriber approved by the court.

WARNING

Applies to

Application to commence legal proceedings for ward

The application requests permission to commence legal proceedings for the ward and states the reasons for doing so.

Applicant, Guardian of the above-named ward, requests the Court's permission to commence legal proceedings on the ward's behalf. The reasons for commencing legal proceedings on the ward's behalf are:

WARNING

Applies to

Judgment entry

If opposing counsel does not return the entry within five days, it must be submitted to the trial judge for approval in the form the judge considers proper.

If opposing counsel fails to return the entry within five (5) days, it shall be submitted to the trial judge who shall approve the entry in the form he considers proper.

WARNING

Applies to

Fiduciary bond

At any time the Court may order a fiduciary to file a bond, or order an additional bond.

At any time the Court may order a fiduciary to file a bond, or order an additional bond.

WARNING

Applies to

Transcript

The reporter must file a copy of the transcript with the Court.

The Court will provide a digital recording to the reporter who shall prepare a transcription in accordance with Rule 9(B) of the Rules of Appellate Procedure and the reporter shall file a copy of the transcript with this Court.

WARNING

Applies to

Guardian inventory

If the ward's assets include real estate, a legal description of the ward's interest should accompany the inventory.

If the assets include real estate, a legal description of the ward's real estate interest should accompany the Inventory.

WARNING

Applies to

Application to close guardianship of the estate

The application to close the guardianship states that the ward’s principal income is governmental, a payee has been identified, and no other significant assets or income exist.

Applicant, Guardian of the Estate for the above-named ward, hereby requests that the Court close the Guardianship of the Estate of the ward. The Principal income of the ward is from governmental entities, a payee for that income has been identified, and no other significant assets or income exist.

WARNING

Applies to

Will for deposit form

Must include

case number

Enter the guardianship case number on the form when applicable.

If applicable, the guardianship case # is .

WARNING

Applies to

Journal entry

If opposing counsel does not act within the specified time, the preparer may submit the Entry to the Court with a notation stating when it was presented and that opposing counsel did not sign it.

Upon failure of the adverse party to act upon the Entry in the specified time, its preparer may submit said Entry to·the Court for approval with·a notation as to when it was presented to the adverse party and that the adverse party has not signed the Journal Entry.

WARNING

Applies to

Guardian education compliance notification

Attach a certificate of completion to the guardian education compliance notification if applicable.

[ Attach certificate of completion if applicable]

WARNING

Applies to

Entry

An entry must use language appropriate to the specific case in which it is filed.

An entry shall be drawn in language that is appropriate to the specific case in which it is to be filed.

WARNING

Applies to

Fee statement

The Court may require a detailed fee statement that includes an itemization and date of service performed, time expended, identification of the individual(s) performing the services, the hourly rate charged, and such other information as the Court deems relevant to establish the reasonableness of the fee.

The Court may require a detailed fee statement that includes an itemization and date of service performed, time expended, identification of the individual(s) performing the services, the hourly rate charged, and such other information as the Court deems relevant to establish the reasonableness of the fee.

WARNING

Applies to

Tax documents

The fiduciary must file all tax documents required by law.

File all tax documents as required by law.

WARNING

Applies to

Original will

Only the Court may enter the case number on an original will filed for record or probate and on the cover envelope for a will filed for safekeeping.

Only the Court shall enter the case number on any original will when filed for record only or when filed for admission to probate. Only the Court shall enter the case number on the cover envelope for any will filed with the Court for safekeeping.

WARNING

Applies to

Assigned counsel bill

The Court may deny payment for assigned-counsel bills submitted late, without the approved affidavits, or on improper forms, unless good cause is shown.

All assigned counsel bills submitted after 14 days, submitted without affidavits approved by the Ohio Public Defender's ConLmission, or submitted on improper forms may, in the discretion of tne Courtr be denied for payment, except for good cause show¢.

INFO

Applies to

Notice of change of address

A Notice of Change of Address form may be filed to report an address change.

A Notice of Change of Address form (Loe. F. 75.0A) may be filed to report a change of address.

INFO

Applies to

Exhibit

A copy may replace an original exhibit if the parties agree or the Court orders the substitution.

Upon agreement of the parties or by order of the Court, a copy may be substituted for an original exhibit.

INFO

Applies to

Entry

The court prepares and files entries on decisions other than decisions on the merits unless otherwise ordered.

Entries on decision other than on the merits will be prepared and filed by the court unless otherwise ordered.

INFO

Applies to

Voucher

The Court will accept a financial-institution statement as a voucher if it identifies the payee, check amount, and payment date.

The Court will accept as a voucher a statement from a financial institution specifying the payee, check amount, and date of payment.