Perry County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Special needs trust bond

A bond must be posted for a special needs trust unless its assets are in a qualifying custodial account or the trustee is statutorily exempt.

(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.

CRITICAL

Applies to

Petition for dissolution

When child or spousal support is to be paid, the dissolution petition must include an income expense affidavit and, if applicable, child support guidelines worksheets.

An income expense affidavit with accompanying child support guidelines worksheets, if applicable, shall be filed with the petition for dissolution when child or spousal support is to be paid.

CRITICAL

Applies to

Minor claim settlement application

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

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

CRITICAL

Applies to

Filing

Must include

case number

Every page of every filing must display the case number.

All filings must have the case number on each page.

CRITICAL

Applies to

Gal permanent custody report

In permanent-custody motion proceedings, the GAL must file a written report before the permanent-custody pre-trial, covering periods not addressed in an earlier written GAL report.

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.

CRITICAL

Applies to

Land sale status conference submission

At the land-sale status conference, proof must be presented explaining why the Court should not order a public sale of the real estate.

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

CRITICAL

Applies to

Guardian complaint

A person with reasonable cause may request a review hearing by filing a written complaint on the Court’s Guardian Complaint Form.

Any individual who has reasonable cause to believe that a guardian has neglected their obligation to the ward may file a written complaint with the Court and ask for a review hearing. This must be completed on the Courts Guardian Complaint Form.

CRITICAL

Applies to

Minor claim settlement application

The applicants’ attorney must acknowledge responsibility for depositing the funds and providing 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.

CRITICAL

Applies to

Court entries and rulings

The Prosecuting Attorney or the prosecutor's office must timely prepare all court entries and rulings for journalization.

It shall be the responsibility of the Prosecuting Attorney or his office to timely prepare all entries and rulings of the Court for journalization.

CRITICAL

Applies to

Guardianship application

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

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

CRITICAL

Applies to

Self representation form

An applicant proceeding without an attorney must complete a self-representation form when filing.

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

WARNING

Applies to

Structured settlement application

A structured-settlement application should include a signed professional statement and present value; if the settlement is deposited into an annuity, it must include the carrier’s or broker’s signed statement of the rating from the past two years.

The application should have an attached signed statement by a CPA, certified financial planner, chartered life underwriter, or equivalent professional and include the present value. If the settlement is deposited into an annuity the application shall include a signed statement by the carrier or broker stating the rating from the past two years.

WARNING

Applies to

Corporate trustee published fee schedule

A corporate trustee exempt from bond may be compensated under its published fee schedule when that schedule is filed with the Court.

Compensation for corporate trustees who are exempt from bond pursuant to Ohio R.C. 1111.21 may be compensated in accordance with their published fee schedule when filed in this Court.

WARNING

Applies to

Duplicate copies

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

Duplicate copies must be filed with a self-addressed, stamped envelope for return.

WARNING

Applies to

Guardian ad litem statement of services

In proceedings other than land sales, the guardian ad litem fee is determined from a statement of services and may be assessed as costs.

In all other proceedings, the amount of the guardian ad litem fee will be determined upon the statement of services and may be assessed as costs.

WARNING

Applies to

Transcript

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.

All audio recorded proceedings will be maintained by the Court for 30 days after the case has been terminated. Any interested person desiring to preserve a record beyond this time period must make arrangements to have the record transcribed in its entirety.

WARNING

Applies to

Case docket entry

The docket entry for a continuance request must state the date, requesting party, and whether the request was granted or denied.

The docket entry shall contain the date, party making the request and whether the continuance is granted or denied.

WARNING

Applies to

Yearly expert evaluation

The Court may waive the yearly expert evaluation if it determines that the ward’s mental competence will not improve.

If determined by the Court that the ward’s mental competence will not improve, the yearly expert evaluation may be waived.

WARNING

Applies to

Estate attorney fee payment

The attorney may be paid upon preparation of the final account with an application and entry.

The attorney may be paid upon preparation of the final account with an application and entry.

WARNING

Applies to

Court entry

An entry not approved by opposing counsel must state that it was submitted but unsigned; an approved entry must be endorsed and furnished to the Court.

If counsel fails to approve said entry, the entry shall reflect that it was submitted to opposing counsel but unsigned. When approved by counsel, it shall be so endorsed and furnished to the Court.

WARNING

Applies to

Docketing statement

For an appeal transcript request, the court reporter will certify the Docketing Statement with the estimated page count and time needed to complete the transcript.

3.9 If a request for a transcript is for purposes of an appeal, the court reporter will certify the Docketing Statement by indicating an estimated number of pages and how much time is needed to complete the transcript.

INFO

Applies to

Trustee extraordinary compensation application

A trustee may request additional compensation for extraordinary services by application and entry, but the Court has discretion whether to grant it.

Any additional compensation for extraordinary services may be granted on application and entry at the discretion of the Court.

INFO

Applies to

Trustee compensation application

Unless the Trust provides for compensation, trustees may apply with an entry for annual compensation.

Except when the Trust makes a provision for compensation, trustees may make application with an entry to be compensated on an annual basis.

INFO

Applies to

Inventory and appraisal form

An original appraisal bearing the appraiser’s name and signature may be filed instead of having the appraiser sign inventory and appraisal form 6.0.

An original appraisal containing the name and signature of the appraiser may be filed in lieu of the appraiser signing the inventory and appraisal form (6.0).