Court Rules

Perry County Court of Common Pleas, Ohio

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Fax Filing
10 pgs

Adjournments

  • A continuance request must be filed in writing; the requesting party must notify opposing counsel and, if possible, obtain consent and approval before filing the motion.
  • The final-account deadline may be extended to thirteen months by motion stating the reason for the extension.
  • A fiduciary who meets the statutory requirements for extended administration must file a notice to extend the filing deadlines.
  • +20 more

Request must include

Reason for Request
  • A continuance application must be made by written motion to the presiding Judge or Magistrate at least seven days before trial or hearing, after notice to opposing counsel and the Guardian ad Litem; same-day continuances require good cause and diligence, and counsel must notify or diligently try to notify all parties as soon as the need arises. Consent cannot waive the rule.
Reason for Request
Filters:

Page & Word Limits1 rule

Page LimitsMandatory

Fax-filed documents may not exceed 10 pages.

Page limit
Up to 10 pages

Court's wording

The Juvenile Clerk shall maintain an independent telephone line and facsimile machine to allow members of the bar to file documents no longer than 10 pages in length with the court, 24 hours a day, seven days a week, by following this rule.

juvRules-20260630 · Jul 2026 · p. 11
|SectionJuvenile Rule 15 - FAX FILING

Document Format Requirements14 rules

FormattingMandatory

Computer generated forms must comply with the specifications by the Rules of Superintendence.

prbRules-20260630 · Jan 2025 · p. 3
|SectionLocal Rule #5 — Computerized Forms
FormattingMandatory

All exhibits offered for admission during a hearing or trial must be labeled by party name and item identification.

prbRules-20260630 · Jan 2025 · p. 3
|SectionLocal Rule #3 — Exhibits
FormattingMandatory

Filings must be legible, one sided 8½” x 11” paper. No alterations are permitted. The Court will only accept filings that are complete.

Paper size
Letter

Formatting

  • No alterations are permitted
  • The Court accepts only complete filings
prbRules-20260630 · Jan 2025 · p. 5
|SectionLOCAL RULE #9 FILING REQUIREMENTS & PRINTING REQUIREMENTS
FormattingMandatory

Computer- or electronically produced tickets may be used and filed, but must conform in all substantive respects to the Ohio Uniform Traffic Ticket.

Court's wording

The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Perry County Juvenile Court. The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.

juvRules-20260630 · Jul 2026 · p. 12
|SectionJuvenile Rule 16 - A) Juvenile Traffic Cases
FormattingMandatory

All pleadings and motions shall be legibly typewritten or printed on 8 1/2’’ by 11’’ paper. All pleadings and motions shall be securely bound at the top.

Paper size
Letter
FormattingMandatory

They shall be submitted in written form and by email to kris.gillette@perrycountyohio.net.

FormattingMandatory

Prior to the time set for trial it will be the obligation of counsel for the defense and of counsel for the State to meet and to mark all exhibits intended to be introduced for trial.

localRules20190916 · Feb 2011 · p. 16
|SectionRule 20: Grand Jury and Criminal Matters
FormattingImportant

All filings must contain original signatures and blue ink is preferred.

prbRules-20260630 · Jan 2025 · p. 5
|SectionLOCAL RULE #9 FILING REQUIREMENTS & PRINTING REQUIREMENTS
FormattingImportant

10.8 Counsel is responsible for marking all trial exhibits prior to commencement of hearing.

Formatting

  • Counsel must mark all trial exhibits before commencement of hearing
juvRules-20260630 · Jul 2026 · p. 8
|SectionJuvenile Rule 10 - Discovery
FormattingImportant

Requests for excuses or deferrals should be written or otherwise made of record.

juvRules-20260630 · Jul 2026 · p. 20
|SectionVI. EXEMPTION, EXCUSE AND DEFERRAL
FormattingImportant

The Clerk is authorized to refuse to accept for filing any document which does not comply with the above.

FormattingImportant

Names of counsel and the Judge shall be typed or printed upon the entry.

localRules20190916 · Feb 2011 · p. 8
|SectionRule 9. Preparation of Entries
FormattingImportant

No pleading or motion subsequent to filing shall be amended by interlineations or obliteration except by leave of the Court and as shown by a journal entry.

FormattingImportant

The motion shall be in writing, signed by the

localRules20190916 · Feb 2011 · p. 22
|SectionL. MODIFICATION OF TRIAL DATE

Document Filing Requirements124 rules

Filing RequirementsMandatory

Any request for a continuance must be filed in writing.

prbRules-20260630 · Jan 2025 · p. 3
|SectionLocal Rule #4 — Continuances
Filing RequirementsMandatory

The signature of the applicant or attorney constitutes a certificate that the computer generated forms comply with the rules.

Document
Computer generated forms
Placement
Signature block
prbRules-20260630 · Jan 2025 · p. 3
|SectionLocal Rule #5 — Computerized Forms
Filing RequirementsMandatory

The interested party will not be permitted to use the contents of a recording in any pleadings filed with the Court or in argument before the Court unless a transcript of the entire hearing is filed with the Court.

prbRules-20260630 · Jan 2025 · p. 3
|SectionLocal Rule #2 — Recording of Proceedings
Filing RequirementsMandatory

A request for Issuance of Summons shall be filed with all original and amended complaints or petitions in civil actions.

prbRules-20260630 · Jan 2025 · p. 5
|SectionLOCAL RULE #10 ISSUANCE OF SUMMONS
Filing RequirementsMandatory

Any proposed entry submitted to the Court shall contain a certificate of service including the names and addresses of all parties and other interested persons required to be served.

Document
Proposed entry

Must include

  • Certificate of service
prbRules-20260630 · Jan 2025 · p. 5
|SectionLOCAL RULE #11 CERTIFICATE OF SERVICE
Filing RequirementsMandatory

The attorney may not sign for the fiduciary.

prbRules-20260630 · Jan 2025 · p. 5
|SectionLOCAL RULE #9 FILING REQUIREMENTS & PRINTING REQUIREMENTS
Filing RequirementsMandatory

All filings must have the case number on each page.

Document
Filing

Must include

  • Case number
prbRules-20260630 · Jan 2025 · p. 5
|SectionLOCAL RULE #9 FILING REQUIREMENTS & PRINTING REQUIREMENTS
Filing RequirementsMandatory

All accounts must be personally signed by the fiduciary and contain the name, address, and telephone number of the fiduciary.

prbRules-20260630 · Jan 2025 · p. 7
|SectionLOCAL RULE #18 FIDUCIARIES
Filing RequirementsMandatory

All filings in matters assigned to an Acting Judge are to be filed in duplicate with a deputy clerk of this Court and shall have the name of the Acting Judge shown in the caption.

prbRules-20260630 · Jan 2025 · p. 7
|SectionLOCAL RULE #17 FILINGS FOR MATTERS ASSIGNED TO AN ACTING JUDGE
Filing RequirementsMandatory

The original and duplicate shall be filed with the clerk of the Probate Court.

prbRules-20260630 · Jan 2025 · p. 7
|SectionLOCAL RULE #17 FILINGS FOR MATTERS ASSIGNED TO AN ACTING JUDGE
Filing RequirementsMandatory

An applicant filing any type of pleading in this Court who is not represented by an attorney, shall exhibit a picture identification and proof of a current address.

prbRules-20260630 · Jan 2025 · p. 7
|SectionLOCAL RULE #19 IDENTIFICATION WITH PHOTOGRAPH REQUIRED
Filing RequirementsMandatory

All executors and administrators shall personally sign and file the Fiduciary’s Acceptance prior to the issuance of the Letters of Authority.

prbRules-20260630 · Jan 2025 · p. 7
|SectionLOCAL RULE #18 FIDUCIARIES
Filing RequirementsMandatory

The Court also requires that a self-representation form be completed at the time of filing.

prbRules-20260630 · Jan 2025 · p. 7
|SectionLOCAL RULE #19 IDENTIFICATION WITH PHOTOGRAPH REQUIRED
Filing RequirementsMandatory

All applicants to relieve an Estate from Administration, who is not represented by an attorney, shall show proof of identification.

prbRules-20260630 · Jan 2025 · p. 8
|SectionLOCAL RULE #24 RELEASE OF ESTATES FROM ADMINISTRATION
Filing RequirementsMandatory

Applications for attorney fees in estates shall include a statement of the amount of the fees and a statement of the services rendered.

prbRules-20260630 · Jan 2025 · p. 8
|SectionLOCAL RULE #22 ATTORNEY FEES IN ESTATES
Filing RequirementsMandatory

An account will not be accepted for filing unless the bond, when required, is sufficient to cover twice the sum of the value of the personal property assets.

prbRules-20260630 · Jan 2025 · p. 8
|SectionLOCAL RULE #21 BOND
Filing RequirementsMandatory

The application must be approved and signed by the fiduciary.

prbRules-20260630 · Jan 2025 · p. 8
|SectionLOCAL RULE #22 ATTORNEY FEES IN ESTATES
Filing RequirementsMandatory

A copy of the death certificate must be filed with any estate.

prbRules-20260630 · Jan 2025 · p. 8
|SectionLOCAL RULE #20 DEATH CERTIFICATES
Filing RequirementsMandatory

The waiver shall include an acknowledgement of receipt of the description of the rights of the surviving spouse required by division (B) of section 2106.02 of the Ohio Revised Code.

prbRules-20260630 · Jan 2025 · p. 9
|SectionLOCAL RULE #26 — SURVIVING SPOUSE WAIVER OF SERVICE OF THE CITATION TO ELECT
Filing RequirementsMandatory

At the pretrial the following shall be submitted: A. trial briefs B. witness lists C. exhibit lists D. any exhibits that are ordered by the Court E. proposed jury instructions and proposed jury interrogatories

prbRules-20260630 · Jan 2025 · p. 9
|SectionLOCAL RULE #28 — CASE MANAGEMENT
Filing RequirementsMandatory

F. witness lists exchanged between parties and/or presented to the Court are to provide the name and address and telephone number if known of each potential witness to be called.

prbRules-20260630 · Jan 2025 · p. 10
|SectionLOCAL RULE #28 — CASE MANAGEMENT
Filing RequirementsMandatory

All fiduciaries must sign the inventory when there is multiple fiduciaries appointed.

prbRules-20260630 · Jan 2025 · p. 10
|SectionLOCAL RULE #30 — INVENTORY
Filing RequirementsMandatory

Any motions filed in this Court must be accompanied by a memorandum stating the grounds and citing the authorities relied upon.

prbRules-20260630 · Jan 2025 · p. 10
|SectionLOCAL RULE #28 — CASE MANAGEMENT, III Motions
Filing RequirementsMandatory

The inventory shall contain the address, legal description and parcel/lot number of the interest in the real estate of the decedent/ward.

prbRules-20260630 · Jan 2025 · p. 10
|SectionLOCAL RULE #30 — INVENTORY
Filing RequirementsMandatory

Any attorney wishing to withdraw shall file a motion to withdraw stating the reasons.

prbRules-20260630 · Jan 2025 · p. 10
|SectionLOCAL RULE #29 — WITHDRAWAL OF COUNSEL
Filing RequirementsMandatory

Counsel substitution shall be filed with the Court in writing but does not require approval of the Court.

prbRules-20260630 · Jan 2025 · p. 10
|SectionLOCAL RULE #29 — WITHDRAWAL OF COUNSEL
Filing RequirementsMandatory

The filing of opposing affidavits and supporting documents are subject to Civil Rule 56.

prbRules-20260630 · Jan 2025 · p. 10
|SectionLOCAL RULE #28 — CASE MANAGEMENT, III Motions
Filing RequirementsMandatory

A written status report shall be submitted to the Court at this conference. This report shall address any pending issues and the efforts being made to finalize the sale.

prbRules-20260630 · Jan 2025 · p. 10
|SectionLOCAL RULE #28 — CASE MANAGEMENT, II Civil Actions: Land Sales
Filing RequirementsMandatory

Proof shall be shown as to why the Court should not order a public sale of the real estate

prbRules-20260630 · Jan 2025 · p. 10
|SectionLOCAL RULE #28 — CASE MANAGEMENT, II Civil Actions: Land Sales
Filing RequirementsMandatory

The Court will not approve the distribution, sale or expenditure of any assets in an estate or guardianship prior to the filing and approval of the inventory.

Filing RequirementsMandatory

(2) No expenditures will be permitted without prior approval of the Court.

prbRules-20260630 · Jan 2025 · p. 11
|SectionLOCAL RULE #32 SPECIAL NEEDS TRUSTS
Filing RequirementsMandatory

The inventory will not be accepted for filing unless the bond, when required is of a sufficient amount.

Filing RequirementsMandatory

(4) The Court requires that an annual account shall be filed.

prbRules-20260630 · Jan 2025 · p. 11
|SectionLOCAL RULE #32 SPECIAL NEEDS TRUSTS
Filing RequirementsMandatory

(1) Bond shall be posted unless the assets of the trust are in a custodial account pursuant Ohio R.C. 2109.13 or the appointed trustee is exempt from posting a bond under Ohio R.C. 111.21.

prbRules-20260630 · Jan 2025 · p. 11
|SectionLOCAL RULE #32 SPECIAL NEEDS TRUSTS
Filing RequirementsMandatory

A copy of the minor’s birth certificate must be filed with the guardian’s application.

prbRules-20260630 · Jan 2025 · p. 11
|SectionLOCAL RULE #34 GUARDIANSHIP OF MINORS
Filing RequirementsMandatory

If there is a guardian of a person’s estate is it necessary to file an account annually.

prbRules-20260630 · Jan 2025 · p. 12
|SectionLOCAL RULE #36 GUARDIAN REPORTS AND TERMINATIONS
Filing RequirementsMandatory

When applying for termination of a deceased ward, a copy of the death certificate needs to be attached.

prbRules-20260630 · Jan 2025 · p. 12
|SectionLOCAL RULE #36 GUARDIAN REPORTS AND TERMINATIONS
Filing RequirementsMandatory

A motion will be required to dispense with the appointment of a guardian.

prbRules-20260630 · Jan 2025 · p. 12
|SectionLOCAL RULE #39 MINOR ESTATES/ SETTLEMENTS/WRONGFUL DEATH - CLAIMS UNDER TWENTY-FIVE THOUSAND DOLLARS
Filing RequirementsMandatory

The guardian of the person must file the guardian’s report and expert evaluation on an annual basis.

prbRules-20260630 · Jan 2025 · p. 12
|SectionLOCAL RULE #36 GUARDIAN REPORTS AND TERMINATIONS
Filing RequirementsMandatory

A copy of the minor’s birth certificate must be filed with the motion to dispense.

prbRules-20260630 · Jan 2025 · p. 12
|SectionLOCAL RULE #39 MINOR ESTATES/ SETTLEMENTS/WRONGFUL DEATH - CLAIMS UNDER TWENTY-FIVE THOUSAND DOLLARS
Filing RequirementsMandatory

When filing to be appointed as a guardian of an incompetent adult an expert evaluation signed by a licensed medical doctor.

prbRules-20260630 · Jan 2025 · p. 12
|SectionLOCAL RULE #35 GUARDIANSHIP OF INCOMPETENT ADULTS
Filing RequirementsMandatory

When applying for guardianship, the applicant must provide names and addresses of all adult children of the proposed ward.

prbRules-20260630 · Jan 2025 · p. 12
|SectionLOCAL RULE #37 NOTICE FOR GUARDIANSHIP OF ADULTS
Filing RequirementsMandatory

A copy of the minor’s birth certificate must be presented with the application to the settle the minor’s claim.

prbRules-20260630 · Jan 2025 · p. 12
|SectionLOCAL RULE #40 SETTLEMENT OF INJURY CLAIMS OF MINORS
Filing RequirementsMandatory

The attorney representing the applicants shall acknowledge responsibility for depositing the funds and providing the financial institution with a copy of the Court entry.

prbRules-20260630 · Jan 2025 · p. 12
|SectionLOCAL RULE #40 SETTLEMENT OF INJURY CLAIMS OF MINORS
Filing RequirementsMandatory

obtain a verification of receipt and deposit from the financial institution and file the form with the Court within thirty days of the issuance of the entry.

Filing RequirementsMandatory

The Court shall consider applications for attorney fees for the establishment of a guardianship upon the filing of the inventory. Additional fees may be considered at the time of each yearly account is filed. An application for attorney fees must be submitted to the court with the consent of the guardian/trustee.

prbRules-20260630 · Jan 2025 · p. 13
|SectionLOCAL RULE #42 ATTORNEY FEES IN GUARDIANSHIPS & TRUSTS
Filing RequirementsMandatory

All fiduciaries shall submit an application in writing to the Court for the authority to enter into a contingent fee agreement. Upon review, the Court will either give approval or disapprove the request.

prbRules-20260630 · Jan 2025 · p. 13
|SectionLOCAL RULE #43 CONTINGENT FEES
Filing RequirementsMandatory

Guardian’s compensation for services as guardian of the estate shall be approved on an annual basis upon application and entry that is supported by documentation. Extraordinary fee applications shall be set for hearing.

prbRules-20260630 · Jan 2025 · p. 13
|SectionLOCAL RULE #44 GUARDIAN’S COMPENSATION
Filing RequirementsMandatory

The Court requires that an original and a copy of all petitions and decrees shall be filed in every adoption case. Additional copies may be requested as required for service.

prbRules-20260630 · Jan 2025 · p. 14
|SectionLOCAL RULE #48 ADOPTIONS
Filing RequirementsMandatory

In private placement adoptions, a preplacement application in a form prescribed by the Court shall be filed by the proposed adopting parents not less than fifteen (15) days prior to placement.

prbRules-20260630 · Jan 2025 · p. 14
|SectionLOCAL RULE #48 ADOPTIONS
Filing RequirementsMandatory

Any additional bonds must be approved in writing by a bonding agency prior to court approval.

prbRules-20260630 · Jan 2025 · p. 14
|SectionLOCAL RULE #51 SURETY BONDS
Filing RequirementsMandatory

Bond must be approved in writing by a bonding agency before letters of authority will be issued in all matters that require a bond.

prbRules-20260630 · Jan 2025 · p. 14
|SectionLOCAL RULE #51 SURETY BONDS
Filing RequirementsMandatory

Pursuant to Ohio R.C. 3101.05 any minor applying for a marriage license must provide proof of having had marriage counseling and make an appointment with the Judge prior to applying.

prbRules-20260630 · Jan 2025 · p. 14
|SectionLOCAL RULE #53 MARRIAGE LICENSE APPLICANTS-MINORS
Filing RequirementsMandatory

A criminal background check and petitioner’s account shall be filed in all cases pursuant Ohio R.C. 2151.86(B).

prbRules-20260630 · Jan 2025 · p. 14
|SectionLOCAL RULE #48 ADOPTIONS
Filing RequirementsMandatory

Any surety company, prior to executing a fiduciary bond, must register with the Court and file proof that the company is authorized to do business within the state of Ohio.

prbRules-20260630 · Jan 2025 · p. 14
|SectionLOCAL RULE #51 SURETY BONDS

Filing & Service rules

Electronic Filing Rules

The Court permits filing by facsimile, email, or its electronic filing system.

The Court will accept electronic filings by facsimile transmission, email submission, or E- filing on the court’s electronic filing system website.

Page 5 | LOCAL RULE #8 ELECTRONIC FILINGS

The e-filer’s submitted electronic document is considered the original, and the sender must retain the source document and provide it for inspection upon request.

The electronic document received by the clerk from the e-filer shall be considered the original document. The sending party shall maintain possession of the source document and make it available for inspection by the Court upon request.

Page 5 | LOCAL RULE #8 ELECTRONIC FILINGS

Eligible subsequent documents that do not require a security deposit may be fax-filed, but exhibits, original complaints, appeal pleadings, and filings with an associated fee may not.

Filing of documents subsequent to an original complaint and not requiring a security deposit may be filed by fax copy with the Juvenile Clerk. Exhibits, original complaints, pleadings pursuant to appeal, and filings that have an associated filing fee will not be accepted for fax filing.

Page 11 | Juvenile Rule 15.3

Bar members may fax-file documents of no more than 10 pages at any time using the Juvenile Clerk’s fax machine.

The Juvenile Clerk shall maintain an independent telephone line and facsimile machine to allow members of the bar to file documents no longer than 10 pages in length with the court, 24 hours a day, seven days a week, by following this rule. The number of the fax machine is 740-342-5524.

Page 11 | Juvenile Rule 15 - FAX FILING

A signature on an electronically transmitted pleading or paper is treated as the signature of the attorney or party it purports to be, but an unauthorized transmission must be stricken.

“Any signature on electronically transmitted pleadings or papers shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the pleadings or papers were transmitted without authority, the Court shall order the filing stricken. (Civ. R. 5(E)).

Page 6 | RULE 6. FACSIMILE UTILIZATION RULE

Original pleadings and motions that institute or reopen a legal action cannot be filed by fax.

The original complaint, counterclaim, cross claim, petition or motion instituting or reopening any legal action will not be accepted by facsimile transmission.

Page 7 | Facsimile Utilization

Proposed jury instructions and verdict forms must be submitted by email to the specified address.

They shall be submitted in written form and by email to kris.gillette@perrycountyohio.net.

Page 13 | Rules 4–16

Attorneys should reserve fax filings for emergencies or time-critical matters and appropriate circumstances; the Court may revoke the privilege for apparent abuse.

Attorneys should limit requests for facsimile transmission to filings of an emergency or time- critical nature. The facsimile is only to be used in appropriate circumstances. The Court reserves the right to revoke this privilege from any attorney who appears to be abusing the privilege.

Page 6 | RULE 6. FACSIMILE UTILIZATION RULE

Designated pleadings and other papers may be filed with the Clerk by fax, subject to the stated restrictions.

Designated pleadings and other papers may be filed with the Clerk by facsimile transmission at (740) 342-5527 subject to the following provisions:

Page 7 | Facsimile Utilization

Users may submit documents electronically at any time, including weekends.

Users may submit documents to the Court twenty-four hours a day, seven days a week.

Page 5 | LOCAL RULE #8 ELECTRONIC FILINGS

Filing Timing and Cure Windows

Filings that require a new case number or payment receipt must be filed by 3:45 p.m.

All filings requiring a new case number or payment receipt must be filed by 3:45 p.m.

Page 3 | Local Rule #6 — Hours of the Court

An electronically submitted document is not filed until Court staff review and accept it.

Documents submitted electronically are pending and are not considered filed until reviewed and accepted by Court staff.

Page 5 | LOCAL RULE #8 ELECTRONIC FILINGS

Payment for a fee-bearing fax or email submission is due within three days after filing.

Any facsimile or email submission that requires a filing fee must be paid by cash, check, or money order within three days of the filing.

Page 5 | LOCAL RULE #8 ELECTRONIC FILINGS

Electronic filing or rejection by the clerk does not change the document’s filing deadline.

Filing a document electronically or the clerk’s rejection of a submitted document does not alter the filing deadlines for that document.

Page 5 | LOCAL RULE #8 ELECTRONIC FILINGS

The certificate of service of notice of probate must be filed within two months after the fiduciary’s appointment, or, if none has been appointed, within two months after the will is admitted to probate.

The Certificate of Service of Notice of Probate of Will needs to be filed not later than two months after the appointment of the fiduciary, if no fiduciary has been appointed, not later than two months after the will has been admitted to probate.

Page 6 | LOCAL RULE #12 CERTIFICATE OF SERVICE OF NOTICE OF PROBATE OF WILL

The final distribution account for an estate is due six months after the fiduciary is appointed.

For all estates filed in this Court, the final distribution account is due six months after the appointment of the fiduciary.

Page 8 | LOCAL RULE #23 TIME FOR FILINGS

For guardianships and trusts, the first account is due within one year of the fiduciary's appointment, with later accounts due on each anniversary unless the Court orders otherwise.

For guardianships and trusts, the first account is due no later than one year following the date of appointment of fiduciary and on the anniversary date thereafter unless otherwise ordered by the Court.

Page 8 | LOCAL RULE #23 TIME FOR FILINGS

An executor or similar official may not file an estate refund application after December 31, 2021.

An executor or similar official may no longer file an application for an estate refund after December 31, 2021.

Page 8 | LOCAL RULE #25 OHIO ESTATE TAX RETURN

The Court must set the pretrial for a date no more than 14 days before trial.

The Court shall set the date for the pretrial and shall not be more than fourteen days before the trial.

Page 9 | LOCAL RULE #28 — CASE MANAGEMENT

Plaintiff’s counsel must set a status hearing within 30 days after the final answer.

The case shall be set by plaintiff’s counsel for a status hearing within thirty days after the final answer.

Page 9 | LOCAL RULE #28 — CASE MANAGEMENT

For a land sale not concluded within one year of filing, plaintiff’s counsel must set a status conference within 30 days after that year expires.

All land sales which have not been concluded within one year from the date of filing shall be set for a status conference by the plaintiff’s attorney within thirty days following the expiration of the one year.

Page 10 | LOCAL RULE #28 — CASE MANAGEMENT, II Civil Actions: Land Sales

A motion is deemed submitted to the Court on the 28th day after it is filed.

On the twenty-eighth day after the motion is filed, the motion shall be deemed submitted to the Court.

Page 10 | LOCAL RULE #28 — CASE MANAGEMENT, III Motions

A summary-judgment motion is set for a non-oral hearing on the 28th day after filing and is subject to the preceding motion procedures.

Motions for summary judgments are subject to the preceding paragraph and will be set for a non-oral hearing on the twenty-eight day following the filing of the motion for summary judgment.

Page 10 | LOCAL RULE #28 — CASE MANAGEMENT, III Motions

All estates must comply with the six-month administration schedule under Ohio Revised Code 2109.301(B).

All estates being filed must comply with the six month administration schedule set forth by the Ohio R.C. 2109.301 (B).

Page 11 | LOCAL RULE #31 EXTENDED ADMINISTRATION

Appointment of a successor fiduciary resets the estate to a six-month administration schedule unless an application to extend administration is filed.

When a successor fiduciary is appointed, the estate will be rescheduled for a six month administration unless there is an application to extend administration.

Page 11 | LOCAL RULE #31 EXTENDED ADMINISTRATION

A guardian must notify the Court of an address change for the ward or guardian within 30 days of the change.

It is the responsibility of the guardian to keep the Court informed on any address changes of the ward and/or guardian. The notification must be made within 30 days of the address change.

Page 11 | LOCAL RULE #34 GUARDIANSHIP OF MINORS

A party requesting a jury trial must post the required deposit no later than seven business days after entry scheduling the matter for jury trial.

In every case in which a jury demand is filed, the requesting party shall be required to post a deposit no later than seven (7) business days after the date of the entry scheduling the matter for jury trial.

Page 11 | LOCAL RULE #33 JURY TRIALS

The verification form must be filed within 30 days after issuance of the entry.

obtain a verification of receipt and deposit from the financial institution and file the form with the Court within thirty days of the issuance of the entry.

Page 13

Services charged in an indigent case must be billed to the Court within 15 months after they are rendered; payment is discretionary with the Court.

All services charged in an indigent case must be billed to the Court within fifteen (15) months from the date the service was rendered. Payment will be made at the discretion of the Court.

Page 13 | LOCAL RULE #45 PAYMENTS FROM INDIGENT GUARDIANSHIP FUND

After approval of the application, the placement-and-consent hearing must occur at least 72 hours after the later of the child’s birth or the parents’ meeting with the adoption assessor.

Once the application has been approved by the Court, a hearing shall be held not less that seventy-two (72) hours after the birth of the child or after the parents have met with the adoption assessor, whichever occurs later, for the placement and consent by the parents.

Page 14 | LOCAL RULE #48 ADOPTIONS

The preplacement application in a private placement adoption must be filed at least 15 days before placement.

In private placement adoptions, a preplacement application in a form prescribed by the Court shall be filed by the proposed adopting parents not less than fifteen (15) days prior to placement.

Page 14 | LOCAL RULE #48 ADOPTIONS

A married adoption petitioner must have been married for at least 12 months before filing the adoption.

In all adoptions, married petitioner(s) must be married for not less than twelve months prior to filing an adoption.

Page 14 | LOCAL RULE #48 ADOPTIONS

Consent judgment entries must be filed within 30 days after the hearing, unless the presiding Judge or Magistrate orders or allows otherwise; delinquency cases are excluded.

4.4 Consent judgment entries shall be prepared by counsel as directed by the Court, other than in delinquency cases, and shall be filed within thirty (30) days after the hearing, or as otherwise ordered/allowed by the presiding Judge or Magistrate.

Page 5 | Juvenile Rule 4 — PROCEDURES - JUVENILES

A defendant or counsel must demand a jury trial at least 10 days before the assigned trial date by notifying the Court in person or in writing; failure may result in a continuance without consent or a bench trial.

5.3 In cases in which the defendants have a right to a trial by jury, the defendant or his counsel shall demand a trial by jury no less than ten (10) days prior to the date assigned for trial. Failure to notify the Court either in person or in writing may be deemed just cause for entering a continuance without the consent of the defendant, or the Court may order the matter to proceed to trial before the Court without a jury.

Page 5 | Juvenile Rule 5 — PROCEDURE - ADULTS

Attorneys on the appointment list must provide the Court documentation of their required annual juvenile-law CLE by December 31 each year.

6.2 The Court shall maintain a list of attorneys approved by the presiding Judge for appointment to indigent parties or to serve as guardian ad litem. Attorneys on the appointment list shall complete six hours of CLE, specific to juvenile law, each calendar year and provide documentation of the same by December 31 of each year to the Court.

Page 6 | Juvenile Rule 6 — RIGHT TO COUNSEL, COURT APPOINTED COUNSEL, COURT PERSONNEL AND ATTORNEYS

A written GAL report amendment must be filed seven days before a hearing unless the presiding Judge or Magistrate permits otherwise.

D) Any written amendment to a GAL Report must be filed seven (7) days before a hearing unless otherwise permitted by the presiding Judge or Magistrate, and shall be provided to all counsel by the GAL.

Page 9 | Juvenile Rule 11 - Guardian ad Litem / CASA

The GAL must file the permanent-custody report before the permanent-custody pre-trial.

B) In all proceedings on motions for permanent custody, a written report by the GAL shall be filed with the Court prior to the permanent custody pre-trial. The GAL permanent custody report shall cover any time period(s) not previously covered in a written GAL report.

Page 9 | Juvenile Rule 11 - Guardian ad Litem / CASA

The GAL's written report is due before the first hearing, unless the presiding Judge or Magistrate directs otherwise.

A) Following the appointment as Guardian ad Litem (GAL) in a dependency, neglect, abuse, delinquency, unruly, or private custody case, the GAL shall file a written report with the Court prior to the first hearing unless otherwise directed by the presiding Judge or Magistrate.

Page 9 | Juvenile Rule 11 - Guardian ad Litem / CASA

The psychologist’s report is due within 60 days of the Court’s order, unless the presiding Judge or Magistrate directs otherwise.

13.1 In any case in which the Court orders a psychological evaluation, the report of the psychologist shall be submitted to the Court within sixty (60) days from the Court’s order, or as directed by the presiding Judge or Magistrate.

Page 10 | Juvenile Rule 13 - Psychological Reports

The agency must file the Complaint and Motion for Shelter Care within the Court-designated time frames; an untimely Motion will not be heard until the following day.

B) The children services agency shall file the Complaint and Motion for Shelter Care within the time frames designated by the Court. If the Motion for Shelter Care is not filed timely, it will not be heard until the following day.

Page 10 | Juvenile Rule 14 - Emergency Hearings - Notice

For an emergency hearing request to remove a child from an allegedly dangerous placement, the Court must set the hearing for the next business day or no later than 72 hours after the request.

A) In any case in which an emergency hearing is requested for removal of a child from a placement alleged to be dangerous pursuant to ORC 2151.31, the Court shall set a time for emergency hearing the next business day or no later than seventy-two (72) hours from the request. It is the responsibility of the attorney filing the Complaint and Motion to notify all necessary parties and attorney(s) of record.

Page 10 | Juvenile Rule 14 - Emergency Hearings - Notice

The agency must file a Complaint or Motion to Dismiss on the next business day after issuance of a telephone ex parte order.

On the next business day following the issuance of a telephone ex parte order, the agency shall file either a Complaint or a Motion to Dismiss the telephone ex parte order.

Page 10 | Juvenile Rule 14 - Emergency Hearings - Notice

After judicial approval, the Court is to set the emergency hearing within seven days of the request.

Upon approval of the judicial officer, the Court shall set a time for the hearing within one-week (7) days from the request.

Page 11 | Juvenile Rule 14 - Emergency Hearings

The receiving fax machine’s imprint establishes the receipt date and time, but fax copies received after 4:00 p.m. on a business day or on a weekend or holiday are considered filed on the next business day.

The date and time of receipt of any faxed document shall be the date and time imprinted on the document by the facsimile machine receiving the transmission. Although faxes will be received 24 hours a day, seven days a week, any fax copy received by the clerk after 4:00 p.m. on a regular business day or on a weekend or holiday shall be considered filed on the next business day by the clerk.

Page 11 | Juvenile Rule 15.3

A faxed document is effective as the original in the Court file upon receipt, but the original document must be filed within three business days.

The Court will accept fax documentation, which is source of information by a facsimile machine. The Court will accept documents by fax as the effective original document in the Court file at the time of receipt; however, the Court requires the original document to be filed with the Court within three (3) business days.

Page 11 | Juvenile Rule 15.2

The Juvenile Clerk must fax an acknowledgment to the attorney identified on the cover page by the next business day, stating whether the filing was accepted and identifying any copy costs and payment instructions.

Receipt of fax submission will be acknowledged by the Juvenile Clerk via fax communication to the attorney identified on the cover page no later than the next business day. Acknowledgment of receipt will indicate either acceptance of filing or reason for non acceptance, and identification of any copy costs that will be assessed and instructions for payment of those copy costs.

Page 11 | Juvenile Rule 15.3

A party may file written objections to a Magistrate Decision within fourteen days of its filing.

Within fourteen (14) days of the filing of a Magistrate Decision, a party may file written objections to the decision.

Page 16 | Juvenile Rule 17 - Magistrates

Requested proposed findings and conclusions must be presented within seven days of the request; failure to do so is deemed withdrawal of the request.

If an attorney of record requests findings of fact and conclusions of law, he or she shall, if requested, present proposed findings and conclusions to the Magistrate within seven (7) days of the request. Failure to present proposed findings and conclusions within seven (7) days of the request will be deemed withdrawal of the request.

Page 16 | Juvenile Rule 17 - Magistrates

A fax filing is considered filed when the Clerk stamps it; the Clerk’s file clock, not the fax machine timestamp, controls.

All documents submitted will be considered filed when the date/time has been stamped by the Clerk. For the purposes of this section, the date/time of filing is not determined by the facsimile machine date/time stamp, but is determined by the Clerk’s file clock stamp.

Page 7 | Facsimile Utilization

Service and Proof of Service Rules

Proof of service must consist of either waivers of probate of the will or original certified-mail receipt cards.

Proof of service shall consist of either waivers of the probate of the will or original certified mail receipt cards.

Page 6 | LOCAL RULE #12 CERTIFICATE OF SERVICE OF NOTICE OF PROBATE OF WILL

The attorney or fiduciary must obtain required waivers and send copies of the will to those legally required to waive.

The attorney or fiduciary is responsible for obtaining the waivers of probating the will and sending copies of the will to those required to waive by law.

Page 6 | LOCAL RULE #12 CERTIFICATE OF SERVICE OF NOTICE OF PROBATE OF WILL

Proceedings and notices that must be published by law are to be published in the Perry County Tribune.

The Perry County Tribune is designated as the law journal in which proceedings and notices that are required by law to be published.

Page 7 | LOCAL RULE #16 NEWSPAPER PUBLICATION

Plaintiff’s counsel must give all counsel of record and appearing unrepresented parties at least 14 days’ notice of the status hearing.

Plaintiff’s counsel shall give at least fourteen days’ notice of the status hearing to all counsel of record and/or parties not represented by counsel who have entered an appearance.

Page 9 | LOCAL RULE #28 — CASE MANAGEMENT

Notice of counsel substitution must be sent to all attorneys and unrepresented parties.

Notice shall be sent to all attorneys and all unrepresented parties.

Page 10 | LOCAL RULE #29 — WITHDRAWAL OF COUNSEL

The Court will not approve an attorney’s withdrawal entry until notice has been given to the client, all attorneys, and all unrepresented parties.

The Court shall not approve an entry until the following conditions have been followed: (1) Notice has been given to the client; (2) Notice has been given to all attorneys and unrepresented parties.

Page 10 | LOCAL RULE #29 — WITHDRAWAL OF COUNSEL

Opposing counsel or parties must serve a response memorandum within 14 days after the service date stated on the motion’s attached certificate of service.

Opposing counsel or parties shall serve the response memorandum no later than fourteen days after the date of service as stated on the certificate of service that is attached to the served copy of the motion.

Page 10 | LOCAL RULE #28 — CASE MANAGEMENT, III Motions

A copy of the inventory must be sent to every heir entitled to notice by law.

A copy of the inventory is to be sent to all heirs entitled to notice by law.

Page 11 | LOCAL RULE #30

The Court will serve the proposed ward’s adult children with the hearing date and time unless notice is waived.

The Court will serve them with notice of the time and date of the hearing, unless the notice is waived.

Page 12 | LOCAL RULE #37 NOTICE FOR GUARDIANSHIP OF ADULTS

The applicants’ attorney must provide the financial institution with a copy of the Court entry.

The attorney representing the applicants shall acknowledge responsibility for depositing the funds and providing the financial institution with a copy of the Court entry.

Page 12 | LOCAL RULE #40 SETTLEMENT OF INJURY CLAIMS OF MINORS

After an affidavit is filed, the clerk must arrange publication by conspicuous posting in a specified or similar newspaper at least seven days before the hearing.

4.5 Pursuant to O. Juv. R. 16(A) service by publication shall be made by posting and mailing. Upon the filing of an affidavit, the clerk shall cause service of notice to be made by posting in the Perry County Tribune or the Times Recorder or any such notable newspaper. The notice shall be posted in the required locations in conspicuous place and manner seven (7) days prior to the date of the hearing. The clerk shall also cause the summons and pleadings to be mailed by ordinary mail, address correction requested, to the last known address of the party to be served, and obtain a certificate of mailing from the United States Postal Service.

Page 5 | Juvenile Rule 4 — PROCEDURES - JUVENILES

The GAL must provide any written amendment to a GAL report to all counsel.

D) Any written amendment to a GAL Report must be filed seven (7) days before a hearing unless otherwise permitted by the presiding Judge or Magistrate, and shall be provided to all counsel by the GAL.

Page 9 | Juvenile Rule 11 - Guardian ad Litem / CASA

The attorney filing the Complaint and Motion for the emergency hearing must notify all necessary parties and attorneys of record.

A) In any case in which an emergency hearing is requested for removal of a child from a placement alleged to be dangerous pursuant to ORC 2151.31, the Court shall set a time for emergency hearing the next business day or no later than seventy-two (72) hours from the request. It is the responsibility of the attorney filing the Complaint and Motion to notify all necessary parties and attorney(s) of record.

Page 10 | Juvenile Rule 14 - Emergency Hearings - Notice

At the end of each hearing, the Court must give the listed people written notice of the next hearing’s date, time, and place; mailed notice is unnecessary if written notice was given at the end of the immediately preceding hearing.

Upon the conclusion of each hearing, the Court shall provide written notice to the Prosecuting Attorney, the child’s Attorney, the child’s Guardian Ad Litem, and the child’s Parents, Guardian, or Custodian of the date, time and place of the next scheduled hearing. Mailed notice shall not be required for any party or other individual designated in this rule to whom notice of the next hearing was provided in writing upon conclusion of the immediately preceding hearing.

Page 10 | Juvenile Rule 12 - Competency

The attorney filing the complaint and motion must notify all necessary parties and attorneys of record of the hearing time.

It is the responsibility of the attorney filing the Complaint and Motion to notify all necessary parties and attorneys of record of the time of the hearing.

Page 11 | Juvenile Rule 14 - Emergency Hearings

If an electronic ticket is issued at the scene, the issuing officer must provide the defendant with a paper copy.

If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.

Page 12 | Juvenile Rule 16 - A) Juvenile Traffic Cases

If summons is not served within 180 days of issuance, the complaint shall be dismissed without prejudice on the Court’s own motion.

4. If service of summons is not made within one hundred and eighty (180) days from the date of issuance, the complaint shall be dismissed without prejudice on the Court’s own motion.

Page 14 | C.) PATERNITY CASES

When a child support order is filed, a copy and any required information must be furnished to the Child Support Enforcement Agency.

Upon the filing of an order for child support, a copy of such order shall be furnished to the Child Support Enforcement Agency. The agency shall also be furnished with such necessary information as may be required on forms to be provided by the Agency.

Page 15 | F.) CHILD SUPPORT ENFORCEMENT AGENCY

A filer must provide the Clerk with sufficient copies of any pleading, motion, or document to be served by the Clerk or Sheriff.

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

Page 6 | RULE 5. PLEADINGS

When a child- or spousal-support order is filed, furnish a copy and any required information to the Child Support Enforcement Agency using its forms.

Upon the filing of an order for child support or spousal support, a copy of such order shall be furnished to the Child Support Enforcement Agency. The Agency shall also be furnished with such necessary information as may be required with forms to be provided by Agency.

Page 15 | Rule 19: Child Support Enforcement Agency

Serve the motion to continue on all counsel and unrepresented parties, and file a certificate of service with the motion.

In all cases, a copy of the “Motion to Continue the Trial Assignment Date” shall be served upon all counsel and any party not represented by counsel. A certificate of service shall be filed with the motion.

Page 23 | Rule 29. Case Flow Management—Civil

A copy of the Motion to Continue must be served on all counsel and unrepresented parties, and a certificate of service must be filed with the motion.

In all cases, a copy of the “Motion to Continue” shall be served upon all counsel and any party not represented by counsel. A certificate of service shall be filed with the Motion.

Page 28 | J. MODIFICATION OF TRIAL DATE

The Court accepts internet electronic receipts as proof of USPS certified-mail service only when a paper form of service is unavailable.

The Court shall accept electronic receipts as proof of service for certified mail from the United States Postal Service via internet only when paper form of service is not available.

Page 9 | LOCAL RULE #27 — ELECTRONIC PROOF OF SERVICE

When issuing summons in a civil action under Civ. R. 4, the Court includes only the summons and a copy of the complaint.

When the Court issues services of summons on the defendant(s) in a civil action pursuant to Civ. R. 4, the Court will only include the summons and a copy of the complaint.

Page 14 | LOCAL RULE #52 SERVICE OF SUMMONS

The party requesting access to an audio recording must notify all other parties and attorneys of record, bearing in mind that recordings may include off-the-record communications and statements.

Notice must be given by requesting party to all other parties and attorneys of record with the understanding that audio recordings may include what is considered “off the record” communications and statements by the attorneys and clients.

Page 4 | Juvenile Rule 3 — COURT RECORDS/RECORDINGS

A surviving spouse may waive service of the citation by filing a written waiver.

A surviving spouse may waive service of the citation required under section 2106.01(A) of the Revised Code by filing a written waiver of citation.

Page 9 | LOCAL RULE #26 — SURVIVING SPOUSE WAIVER OF SERVICE OF THE CITATION TO ELECT

In delinquency and traffic cases, counsel may, with Judge or Magistrate approval, waive defects in the time, place, or manner of service.

d. In delinquency and traffic cases, upon the approval of the Judge or Magistrate, counsel may waive the child’s appearance, waive any defects in time, place, or manner of service, and enter a denial.

Page 13

Court rulings and notices will be placed in the designated box for each counsel or office in the Assignment Commissioner’s office.

Copies of rulings and notices of the Court shall be placed in the box provided for each counsel or office in the office of the Assignment Commissioner.

Page 8 | Rule 7. Attorney of Record

Copies of Court rulings and notices will be mailed to out-of-town counsel identified on the most recent pleading.

Copies will be mailed to out of town counsel stated on the most recent pleading.

Page 8 | Rule 7. Attorney of Record

Filing Fees and Waivers

A party requesting a stenographic record must arrange for a reporter in advance, pay the transcription cost, and provide a $300 deposit with the written request.

Parties wishing to have a stenographic record of the proceedings must make their arrangements in advance to have a court reporter appear at the hearing. The requesting party shall pay the cost for the transcription. A $300.00 deposit is required at the time of the written request.

Page 3 | Local Rule #2 — Recording of Proceedings

The Court will not accept a filing if its required filing fee is not paid.

Any failure to pay filing fees will result in the filing not being accepted by the Court.

Page 5 | LOCAL RULE #8 ELECTRONIC FILINGS

Fees for documents submitted through the Court’s electronic filing system must be paid through that system’s online payment function.

Any document submitted on the court’s electronic filing system that requires a filing fee must be paid using the online payment function in the E-File system.

Page 5 | LOCAL RULE #8 ELECTRONIC FILINGS

Fees for fee-bearing fax or email submissions must be paid by cash, check, or money order within three days of filing.

Any facsimile or email submission that requires a filing fee must be paid by cash, check, or money order within three days of the filing.

Page 5 | LOCAL RULE #8 ELECTRONIC FILINGS

The listed guardianship deposit is $275.

Guardianship $275.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The deposit for full administration with a will is $225.

Full Administration with will $225.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The deposit for release of administration without a will is $125.

Release of Admin. without will $125.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The deposit for an emergency guardianship is $100.

Emergency Guardianship $100.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The fee for filing a claim is $10.

Claims filed $ 10.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The deposit for disinterment is $80.

Disinterment $ 80.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The deposit for registration of a birth correction is $69.

Registration of Birth Correction $ 69.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The deposit for a foreign record is $63.

Foreign Record $ 63.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The deposit for a minor settlement is $80.

Minor Settlement $ 80.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The deposit for full administration without a will is $200.

Full Administration without will $200.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

Filing deposits are required, and the Court accepts cash or checks but not debit or credit cards.

The Court conducts business on a cash/check basis. The Court does not accept debit/ credit cards. There are minimum deposits required on all filings.

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The deposit for a name change is $115.

Name Change $115.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The listed deposit for “Will to Sleep” is $73.

Will to Sleep $ 73.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The deposit for a wrongful-death matter is $68.

Wrongful Death $ 68.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The filing deposit for a civil action is $150.

Civil Action $150.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The deposit for a summary release is $73.

Summary Release $ 73.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The deposit for release of administration with a will is $140.

Release of Admin. with will $140.00

Page 6 | LOCAL RULE #14 DEPOSITS FOR COURT COSTS

The computerization fee is $10.

The fee for computerization as authorized by Ohio R.C. 2101.162 (B) shall be ten dollars.

Page 7 | LOCAL RULE #15 ADDITIONAL FEES

The adoption charge is $400, consisting of a $225 filing fee and $175 for the home study.

Adoptions $400.00 ($225.00 filing fee & $175.00 for home study)

Page 7 | Fees

A marriage license costs $70.

Marriage License $70.00

Page 7 | Fees

Publication costs must be paid directly to the newspaper before the hearing.

The cost for publishing will be paid directly to the newspaper and must be paid before the hearing.

Page 7 | LOCAL RULE #16 NEWSPAPER PUBLICATION

Computer legal research costs $3 per case, excluding marriage applications.

The fee for computer legal research as authorized by Ohio R.C. 2101.162 (A) shall be three dollars per case excluding marriage applications.

Page 7 | LOCAL RULE #15 ADDITIONAL FEES

The special projects fee is $25.

The fee for special projects as authorized by Ohio R.C. 2303.201 (E-1) shall be twenty-five dollars.

Page 7 | LOCAL RULE #15 ADDITIONAL FEES

The tiered fee structure is replaced by a flat fee equal to 2% of the net tax collected.

The tiered fee structure has been removed and replaced with a flat equal fee to 2% of the net tax collected.

Page 8 | LOCAL RULE #25 OHIO ESTATE TAX RETURN

The jury-trial deposit is $3,000 for one day, plus $100 for each additional scheduled day.

A required deposit for a one day jury trial shall be $3000.00 and $100.00 per day for each additional scheduled day.

Page 11 | LOCAL RULE #33 JURY TRIALS

Failure to timely post the required deposit waives the jury, and the matter proceeds as a bench trial.

Failure to post the appropriate deposit within time shall constitute a waiver of jury and the matter shall proceed as a trial to the court.

Page 11 | LOCAL RULE #33 JURY TRIALS

Filing a request to release adoption information requires a $50 fee.

The fee for filing a request for the release of adoption information shall be fifty dollars.

Page 14 | LOCAL RULE #49 RELEASE OF ADOPTION INFORMATION

Adoption court costs must be paid when the filing is made; court clerks can provide current deposit information.

Court costs are required to be paid at the time of the filing. The Court clerks can quote current deposit information.

Page 14 | LOCAL RULE #48 ADOPTIONS

An indigent party seeking appointed counsel must apply and pay the filing fee.

6.1 The right of all parties to be represented and to retain counsel of their own choosing is implicit in the law and is fully recognized by this Court. Upon application and payment of filing fee, indigent parties shall be appointed counsel as provided in the Ohio Revised Code and Ohio Rules of Juvenile Procedure.

Page 5 | Juvenile Rule 6 — RIGHT TO COUNSEL, COURT APPOINTED COUNSEL, COURT PERSONNEL AND ATTORNEYS

The party must deposit the fee when requested.

until such time as said fee is deposited by the party and said deposit shall be made upon the request for the same.

Page 15 | Security for Costs / Court Costs

The listed passport fee for persons age 16 and over is $145.

| 20. PASSPORT - PERSONS AGE 16 AND OVER ..... | $145.00 |

Page 1 | Appendix

Cost deposits are due to the Clerk when pleadings are filed, unless the Court waives the deposit for good cause.

Unless waived by the Court upon a showing of good cause, deposits for costs must be made with the Clerk of Court when pleadings are filed in the following matter:

Page 1 | Appendix

The listed fee for release of a state certificate of judgment is $25.

| 14. RELEASE OF STATE CERTIFICATE OF JUDGMENT ..... | $ 25.00 |

Page 1 | Appendix

The listed fee for a judgment debtor's examination is $60.

| JUDGMENT DEBTOR'S EXAM ..... | $ 60.00 |

Page 1 | Appendix

Sealing & Redaction Procedures

Financial account numbers filed with the Court may show only their last four digits; the filer must redact the rest.

All financial asset account numbers filed in this court shall disclose only the four digits of the account number. It is the responsibility of the person filing the document to redact the remaining digits of the account number.

Page 6 | LOCAL RULE #13 SOCIAL SECURITY NUMBERS & ACCOUNT NUMBERS

Social Security numbers are confidential and need not appear on documents available to the public.

Social Security numbers are confidential and will not be required on any documents that are available for inspection by the general public.

Page 6 | LOCAL RULE #13 SOCIAL SECURITY NUMBERS & ACCOUNT NUMBERS

Pre-Motion Conference Requirements

An opposing memorandum must be filed within 14 days after the motion is filed.

Any opposing memorandum shall be filed within 14 days from the date of the filed motion.

Page 10 | RULE 12. MOTIONS

Motions are decided on non-oral hearings unless oral argument is requested and allowed.

Rulings on all motions including temporary domestic relations matter, will be on non – oral hearings, unless oral argument is requested and allowed.

Page 10 | RULE 12. MOTIONS

Adjournment & Extension Requirements

A continuance request must be filed in writing; the requesting party must notify opposing counsel and, if possible, obtain consent and approval before filing the motion.

Any request for a continuance must be filed in writing. The party requesting the continuance must notify the opposing counsel and if possible obtain their consent and approval prior to filing the motion for continuance.

Page 3 | Local Rule #4 — Continuances

The final-account deadline may be extended to thirteen months by motion stating the reason for the extension.

This time may be extended to thirteen months by filing a motion to extend giving the reason.

Page 8 | LOCAL RULE #23 TIME FOR FILINGS

A fiduciary who meets the statutory requirements for extended administration must file a notice to extend the filing deadlines.

When meeting the requirements for an extended administration, as stated in Ohio R.C. 2109.301 (B) (1) (a-f) the fiduciary shall file a notice to extend the filing deadlines (13.10/13.8).

Page 11 | LOCAL RULE #31 EXTENDED ADMINISTRATION

A continuance application must be made by written motion to the presiding Judge or Magistrate at least seven days before trial or hearing, after notice to opposing counsel and the Guardian ad Litem; same-day continuances require good cause and diligence, and counsel must notify or diligently try to notify all parties as soon as the need arises. Consent cannot waive the rule.

8.2 All applications for continuances or advancements shall be made to the presiding Judge or Magistrate by written Motion and, except as hereinafter provided, such application must be made seven (7) days before the day of trial or hearing and after notice to opposing counsel and the Guardian ad Litem. No case will be continued on the day of trial or hearing except for good cause shown. The cause shown must include that it was not known to counsel prior to the day of trial and that counsel has used diligence to be ready for trial. Counsel must have notified, or made diligent effort to notify all parties as soon as he/she became aware of the necessity to ask for a postponement. This rule cannot be waived by consent of counsel. Cases will be continued when counsel is actually engaged in trial in another court provided such counsel notifies the Judge or Magistrate of being so engaged.

Page 6 | Juvenile Rule 8 — CONTINUANCES

A case will be continued when counsel is actually engaged in trial in another court, provided counsel notifies the Judge or Magistrate.

Cases will be continued when counsel is actually engaged in trial in another court provided such counsel notifies the Judge or Magistrate of being so engaged.

Page 6 | Juvenile Rule 8 — CONTINUANCES

Written and oral continuance requests must be ruled upon and noted on the docket within 48 hours after presentation to the Court.

8.4 All requests for continuances, whether written or oral, shall be ruled upon and noted on the case docket sheet by the presiding Judge or Magistrate within 48 hours of presentation to the Court.

Page 7 | Juvenile Rule 8 - Continuances

An extension of time for pleading requires opposing counsel’s permission unless extenuating circumstances are reflected.

No extension of time for pleading will be approved without permission of opposing counsel unless extenuating circumstances are reflected.

Page 6 | RULE 5. PLEADINGS

The parties’ agreement to a continuance is ineffective without court approval.

Agreements of the parties to a continuance without the approval of the Court will not be honored.

Page 11 | Request for continuances should be as follows

If a continuance is requested because counsel is engaged in another court on the assigned trial date, the motion must be filed upon receipt of the assignment notice.

D. Where a continuance of a case is requested on the ground that an attorney in the case is already engaged in another Court of record on the date assigned for trial, the Motion for Continuance shall be filed upon receipt of notice of assignment.

Page 11 | Request for continuances should be as follows

After a case is set for trial, a continuance motion must be written and state its reason, except in an emergency or by court order.

A. Except in cases of emergency or by order of the Court, a Motion for Continuance of a case after it has been set for trial must be in writing and set forth the reason for the continuance.

Page 11 | Request for continuances should be as follows

A continuance based on an absent witness may be granted only upon a showing of due diligence and an affidavit stating the expected testimony; the application will not be sustained if the testimony is immaterial or both parties consent to reading the affidavit into evidence.

B. A continuance of a case may be granted on the ground of the inability to procure the testimony of an absent witness when it is made to appear that due diligence was used to procure such testimony. To obtain a continuance on this ground the party making the application must support the same by affidavit stating therein what he expects to prove by such witness. If the Court finds the testimony so set forth to be immaterial or if both parties consent to the reading of the affidavit into evidence, the application will not be sustained and the case will proceed to trial.

Page 11 | Request for continuances should be as follows

A motion to continue the Trial Assignment date must show good cause; the track may be shortened or lengthened based on the case circumstances.

attorney and/or pro se litigant, setting forth good cause for continuing the Trial Assignment date. A modification may make the track shorter or longer based on the circumstances of a particular case. The motion will not be granted unless it is supported by a showing of good cause.

Page 23 | Rule 29. Case Flow Management—Civil

A party may file a written, signed Motion to Continue with the Clerk of Court; it must set forth good cause, and the court will not grant it without a showing of good cause, though the case track may be shortened or lengthened based on the circumstances.

In any case, any party may file a “Motion to Continue” with the Clerk of Court. The Motion shall be in writing, signed by the attorney or pro se litigant, setting forth good cause for continuing the Trial Assignment Date. A modification may make the track shorter or longer based on the circumstances of a particular case. The motion will not be granted unless it is supported by a showing of good cause.

Page 27 | J. MODIFICATION OF TRIAL DATE

Motions for continuances must comply with Ohio Sup. R. 41.

8.1 Motions for continuances shall be made in accordance with the Rules of Superintendence for the Courts of Ohio (Sup. R. 41), effective July 1, 1997.

Page 6 | Juvenile Rule 8 — CONTINUANCES

f. Continuances may be granted upon showing of good cause; however, continuances should be for no longer than the period necessary to resolve the good cause and in conformity with Local Rule 8.

f. Continuances may be granted upon showing of good cause; however, continuances should be for no longer than the period necessary to resolve the good cause and in conformity with Local Rule 8.

Page 13

Continuances may be granted upon a showing of good cause and in conformity with Local Rule 8.

e. Continuances may be granted upon showing of good cause and in conformity with Local Rule 8.

Page 13

Continuances may be granted upon a showing of good cause and if filed in conformity with Local Rule 8.

5. Continuances may be granted upon showing of good cause and if filed in conformity with Local Rule 8.

Page 14 | C.) PATERNITY CASES

A continuance may be granted upon a showing of good cause.

Continuances may be granted upon showing of good cause.

Page 15 | E.) DEPENDENCY, NEGLECT AND ABUSE CASES

A continuance may be granted upon a showing of good cause and compliance with Local Rule 8.

Continuances may be granted upon showing of good cause and if filed in conformity with Local Rule 8.

Page 15 | Juvenile Rule 16 - Case Management

The presiding juvenile court judge may grant a juror excuse or postponement for good cause.

The juvenile court judge presiding over the trial has the discretion to grant excuses or postponements for good cause shown.

Page 20 | VI. EXEMPTION, EXCUSE AND DEFERRAL

For an extension beyond 28 days or when the parties cannot agree, a party not in default may seek court leave for an extension of time fixed by the Court.

Where an extension of time beyond twenty-eight (28) days is required or where the parties cannot agree upon an extension for time, a party not in default for a pleading or motion may obtain leave to have the time extended for filing any pleading or motion, for such time as may be fixed by the Court.

Page 10 | RULE 13. PLEADINGS AND EXTENSIONS

Counsel may agree to an extension of up to 28 days, but the written consent must be signed by all counsel of record, filed with the Clerk, and submitted to the Court for approval.

By agreement of counsel additional time to move or plead may be granted to a party if the total extension of such time does not exceed 28 days. Such consent shall be filed with the Clerk in writing and be signed by all counsel of record and must be submitted to the Court for approval.

Page 10 | RULE 13. PLEADINGS AND EXTENSIONS

Any party may file a motion to continue the trial assignment date with the Clerk of Court.

In any case, any party may file a “Motion to Continue the Trial Assignment Date” with the Clerk of Court.

Page 22 | L. MODIFICATION OF TRIAL DATE

The Trial Judge may change the Trial Assignment Date on reasonable notice to all counsel and parties.

The Trial Judge, sua sponte, may change the Trial Assignment Date, on reasonable notice to all counsel and parties.

Page 23 | Rule 29. Case Flow Management—Civil

Chambers Communication Rules

If the case settles, the Clerk of Courts must be notified at least three days before trial so jurors are not inconvenienced.

If settlement is reached the Clerk of Courts shall be notified at least three (3) days prior to the trial date so that jurors will not be inconvenienced.

Page 12 | Rule 15. Courtroom Procedure

Counsel who will be late for a hearing must make a reasonable effort to notify the presiding Judge or Magistrate as soon as practical and explain the reason.

1.7 When counsel is going to be late for hearing, counsel must make a reasonable effort to notify the presiding Judge or Magistrate as soon as is practical to explain the reason for his/her tardiness.

Page 3 | Juvenile Rule 1 — COURT AND ATTORNEY DECORUM

The Clerk must immediately notify the attorney if a faxed document cannot be filed.

The Clerk shall immediately notify the attorney if the transmitted document cannot be filed for any reason.

Page 7 | Facsimile Utilization

Counsel must keep the Court advised of any change in a party’s or counsel’s address.

It is the duty of counsel to keep the Court advised as to any change of address of a party or of counsel.

Page 7 | Rule 7. Attorney of Record

The Court must be notified three days before trial if audio-visual playback services are desired.

If services are desired for trial or otherwise, the Court must be notified three (3) days in advance of trial.

Page 13 | Rules 4–16

Juveniles and their parents are encouraged to contact the court for case-specific clarification of juvenile traffic matters.

A juvenile and his/her parent are encouraged to contact the court to have such matters clarified on a case- by-case basis.

Page 17 | Juvenile Rule 19 - Juvenile Traffic

Common questions about Perry County Court of Common Pleas, Ohio rules

Does Perry County Court of Common Pleas, Ohio require a pre-motion conference or letter before filing a motion?

An opposing memorandum must be filed within 14 days after the motion is filed.

View ruleSource: page 10, section RULE 12. MOTIONS

What page or word limits apply to fax filing in Perry County Court of Common Pleas, Ohio?

Perry County Court of Common Pleas, Ohio's rule states these limits: attorney: 10 pages. Fax-filed documents may not exceed 10 pages.

View ruleSource: page 11, section Juvenile Rule 15 - FAX FILING

What formatting rules apply to filings in Perry County Court of Common Pleas, Ohio?

Perry County Court of Common Pleas, Ohio's formatting rule includes letter paper, filings must be legible., filings must be one-sided., no alterations are permitted., and the court accepts only complete filings.. Filings must be legible, one-sided, on 8½-by-11-inch paper, unaltered, and complete.

View ruleSource: page 5, section LOCAL RULE #9 FILING REQUIREMENTS & PRINTING REQUIREMENTS

What must be included with transcript filings in Perry County Court of Common Pleas, Ohio?

A party may not use a recording’s contents in a court pleading or argument unless the entire hearing transcript is filed with the Court.

View ruleSource: page 3, section Local Rule #2 — Recording of Proceedings

What must be included with continuance request filings in Perry County Court of Common Pleas, Ohio?

A continuance request must be filed in writing.

View ruleSource: page 3, section Local Rule #4 — Continuances

How may parties contact Perry County Court of Common Pleas, Ohio?

If the case settles, the Clerk of Courts must be notified at least three days before trial so jurors are not inconvenienced.

View ruleSource: page 12, section Rule 15. Courtroom Procedure

How does Perry County Court of Common Pleas, Ohio handle sealed or redacted filings?

Financial account numbers filed with the Court may show only their last four digits; the filer must redact the rest.

View ruleSource: page 6, section LOCAL RULE #13 SOCIAL SECURITY NUMBERS & ACCOUNT NUMBERS

How do I request an adjournment or extension in Perry County Court of Common Pleas, Ohio?

A continuance request must be filed in writing; the requesting party must notify opposing counsel and, if possible, obtain consent and approval before filing the motion.

View ruleSource: page 3, section Local Rule #4 — Continuances

Are filing fees or waivers addressed in Perry County Court of Common Pleas, Ohio?

A fee is required for covered filings. A party requesting a stenographic record must arrange for a reporter in advance, pay the transcription cost, and provide a $300 deposit with the written request.

View ruleSource: page 3, section Local Rule #2 — Recording of Proceedings

Is electronic filing required in Perry County Court of Common Pleas, Ohio?

Electronic filing is permitted for the covered filings. The Court permits filing by facsimile, email, or its electronic filing system.

View ruleSource: page 5, section LOCAL RULE #8 ELECTRONIC FILINGS

When is a filing treated as filed in Perry County Court of Common Pleas, Ohio?

The rule states a 3:45 p.m. filing cutoff. Filings that require a new case number or payment receipt must be filed by 3:45 p.m.

View ruleSource: page 3, section Local Rule #6 — Hours of the Court

What service or proof of service rules apply in Perry County Court of Common Pleas, Ohio?

Proof of service is required for the covered service rule. Proof of service must consist of either waivers of probate of the will or original certified-mail receipt cards.

View ruleSource: page 6, section LOCAL RULE #12 CERTIFICATE OF SERVICE OF NOTICE OF PROBATE OF WILL
Complete rules summary for Perry County Court of Common Pleas, Ohio

A party requesting a stenographic record must arrange for a reporter in advance, pay the transcription cost, and provide a $300 deposit with the written request.

A party may not use a recording’s contents in a court pleading or argument unless the entire hearing transcript is filed with the Court.

The Court keeps audio recordings for 30 days after termination; anyone seeking to preserve a record beyond that period must arrange for a complete transcript.

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

A continuance request must be filed in writing; the requesting party must notify opposing counsel and, if possible, obtain consent and approval before filing the motion.

A continuance request must be filed in writing.

Computer-generated forms must comply with the specifications in the Rules of Superintendence.

The applicant’s or attorney’s signature certifies that computer-generated forms comply with the rules.

The Probate Court is open for business from 8:00 a.m. to 4:00 p.m. Monday through Friday, except holidays and specified closed paid days.

Filings that require a new case number or payment receipt must be filed by 3:45 p.m.

The Court permits filing by facsimile, email, or its electronic filing system.

The e-filer’s submitted electronic document is considered the original, and the sender must retain the source document and provide it for inspection upon request.

Users may submit documents electronically at any time, including weekends.

An electronically submitted document is not filed until Court staff review and accept it.

Electronic filing or rejection by the clerk does not change the document’s filing deadline.

The clerk will notify the e-filer of a rejection by email or phone, and the rejected document will not enter the official record.

Fees for documents submitted through the Court’s electronic filing system must be paid through that system’s online payment function.

Fees for fee-bearing fax or email submissions must be paid by cash, check, or money order within three days of filing.

Payment for a fee-bearing fax or email submission is due within three days after filing.

The Court will not accept a filing if its required filing fee is not paid.

Every page of every filing must display the case number.

Filers submitting duplicate copies must include a self-addressed, stamped return envelope.

Filings must contain original signatures; use of blue ink is preferred but not mandatory.

An attorney may not sign a filing on behalf of the fiduciary.

Filings must be legible, one-sided, on 8½-by-11-inch paper, unaltered, and complete.

A request for issuance of summons must be filed with every original or amended complaint or petition in a civil action.

Every proposed entry submitted to the Court must include a certificate of service listing the names and addresses of all parties and other interested persons who must be served.

The certificate of service of notice of probate must be filed within two months after the fiduciary’s appointment, or, if none has been appointed, within two months after the will is admitted to probate.

Proof of service must consist of either waivers of probate of the will or original certified-mail receipt cards.

The attorney or fiduciary must obtain required waivers and send copies of the will to those legally required to waive.

More Judges in Perry County Court of Common Pleas, Ohio

Luann Cooperrider
Judge
Tina Boyer
Judge