Portage County Court of Common Pleas, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:

Limits & Logistics
Document Limits
Courtesy Copies
Motion, Brief, Memorandum, Reply
Motion, Other Written Request

Adjournments
- An extension or continuance application or motion must be signed by the applicant or movant and their attorney, unless the attorney signs alone and certifies that it was sent to the client for review and approval before filing.
- If witness testimony or other critical evidence is unavailable, the Court may continue the case for a definite period on the prosecuting attorney’s motion, and the responsible judge must approve the continuance.
- A continuance may be granted only if mediation can be scheduled before the final pretrial; pending motions alone are not good cause, except as authorized by the Court.
- +58 more
Request must include
- A continuance motion based on a trial-assignment conflict will not be considered unless it includes a copy of the conflicting assignment and is filed at least 30 days before trial.
- A motion to continue a hearing or trial, or to extend a filing deadline, must be filed at least five Court Days before the scheduled date.
- A citation-hearing continuance is granted only upon exceptional circumstances, and the application must be filed at least five court days before the hearing.
- An extension application must be filed at least five Court Days before its actual due date.

Communication
Phone
Page & Word Limits3 rules
Fax filings shall not exceed ten (10) pages in length including, but not limited to, attached exhibits and cover page.
- Fax filing
- Up to 10 pages
No motion or memorandum may exceed 25 pages, exclusive of supporting documents. Reply memoranda are limited to 12 pages.
- Motion or memorandum
- Up to 25 pages
- Reply memorandum
- Up to 12 pages
Any pleading that exceeds ten (10) pages in length including, but not limited to, attached exhibits and cover page.
- Pleading
- Up to 10 pages
Document Format Requirements43 rules
Computer-generated forms must preserve the prescribed wording, formatting, and blank lines without alteration.
Court's wording
All computer generated forms must be prepared and filed with the exact wording and formatting, including the retention of all blank lines whether filled-in or remaining blank, as they appear in the prescribed forms. No alterations are permitted.
All forms presented to our Court for filing must comply with all specifications and requirements in Rule 52 of the Rules of Superintendence.
All forms and other documents presented to the Court for filing must be printed on only one side of the paper and only on 8.5 by 11 inch size paper with no backing. The only exception is for original wills and other attachments that were prepared and signed previously that must be filed in their original format without alteration.
- Paper size
- Letter
All documents filed in this Court must be typed manually or by computer. The only exception is for documents that are submitted as attachments or exhibits that were previously prepared and that must be submitted in their original form.
All documents presented to the Court for filing must be printed on only one side of the paper and only on 8.5 by 11-inch size paper with no backing. The only exception is for original wills and other attachments that were prepared and signed previously that must be filed in their original format without alteration.
- Paper size
- Letter
All signatures must be legible and must have the name of the person signing typed or clearly printed directly below the signature.
The use of “/s/” as a signature on any document submitted to the Court is prohibited.
The Court will only file documents containing original signatures, with the exception of fax filings and email filings under Local Rule 57.4.
Except for headings, the font size must not be smaller than 10 pt. or larger than 12 pt.
Original documents submitted for filing must not be stapled, so as to not interfere with the Court’s document imaging process.
Irregular sized documents, such as green return receipt cards and other documents that are smaller than 8.5 by 11 inches must be securely attached to plain white 8.5 by 11-inch paper using clear tape.
Only the original of a will may be deposited with the Court for safekeeping.
Each account must be on the Ohio Supreme Court prescribed forms and must contain all information those forms require.
When an electronically produced ticket is issued at the scene, the officer must provide the juvenile traffic offender a paper copy.
Court's wording
If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the alleged juvenile traffic offender with a paper copy of the ticket as required by Ohio Traffic Rule 3(E).
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
Motions are to be printed on one side of the paper only. Double-sided motions will be rejected for filing.
(H) A GAL report shall comply with the format set forth in Appendix F.
Requests for permission for the broadcasting, televising, recording or taking of photographs in the courtroom shall be in writing
- Request for permission
Formatting
- •The request must be in writing
Applicants for assigned counsel must submit an application in letter form on official or office letterhead.
- Assigned counsel application
Formatting
- •The application must be in letter form
- •The application must be on official/office letterhead
Court's wording
Each individual requesting to serve as assigned counsel shall submit an application in letter form, on official/office letterhead, that sets forth the level of appointment they are seeking, i.e. appointment for unruly offenses; delinquency offenses (misdemeanor and/or felony); dependent, neglect, abuse cases; adult cases; appeals; and/or judicial by-pass cases.
(4) Deposition transcripts. All deposition transcripts must be filed in the hard format with the Clerk of Courts, pursuant to the local rules.
(D) Document Format. Documents must be submitted in either Microsoft Word or PDF format.
Depositions shall be bound and filed in hard copy for filing.
- File type
- Paper
- Deposition
Pleadings, motions, and memoranda must be legible, printed or typed on letter-size paper, securely bound, and paginated; specified case information and, in certain Portage County real-property actions, parcel numbers must also appear.
- Paper size
- Letter
- Binding
- Securely bound
- Pleading
- Motion
- Memorandum
Formatting
- •Documents must be paginated
Court's wording
Every pleading, motion, and memorandum filed must be legibly typed or printed on 8.5-inch by 11-inch paper, be securely bound and paginated, and have typed or printed the case name, the case number, and the name of the judge. If the action is for foreclosure or is otherwise an action requesting the sale of real property located in Portage County, Ohio and the Portage County Treasurer or the Portage County Auditor is a party to the action, each pleading, motion, and memorandum must list in the case caption beneath the trial judge's name each of the Portage County permanent parcel numbers of the real property or real properties that are the subject of the action.
After the consolidation of cases, pleadings shall only be filed in the lowest numbered case and shall only have the lowest case caption. The Clerk of Courts may reject any pleadings not in conformity with this rule.
Plaintiffs exhibits will be marked numerically and Defendant's exhibits will be marked alphabetically.
The proposed jury instructions shall be in Microsoft Word format and be available in electronic version if requested by the Court. Photocopies of Ohio Jury Instructions shall not be accepted.
- File type
- Word
Fee applications must be made in writing
Preparers using third-party software must check the Court’s website to ensure they use the most recent prescribed forms.
Court's wording
If using third party software for form preparation, it is the preparer’s responsibility to check the Court’s website to assure that the most recent version of Supreme Court’s or this Court’s prescribed local forms are being used.
Additional filing sets submitted for file-stamping or service should be stapled.
No more than three irregular documents should be taped to the same page.
You can submit up to two additional sets of documents for time-stamping. Additional sets beyond two will be returned to you unstamped.
Remember to not staple the original documents you submit for filing. Staples hamper the Court’s ability to efficiently microfilm documents and to scan documents to place images on the Court’s online document management system.
Formatting
- •Do not staple original documents submitted for filing
The mailing address must be a street mailing address. Post office box numbers are not sufficient in case service is required by certified mail or personal service. The mailing address of an attorney may be the attorney’s business office address. The mailing address of all other persons must be their personal residence address.
Document Filing Requirements616 rules
The Court must receive the completed written request form and full payment before it begins the process.
If a new or different person attends a subsequent session, his or her signature must be obtained before proceeding further in the process.
parties and non-parties desiring confidentiality of mediation communications must execute a written “Agreement to Mediate” before the mediation session.
The notice of scheduled mediation must state the mediation’s date, time, place, and contact information.
Court's wording
Within 30 days after the date of that order, the mediator or the parties jointly must file a notice of scheduled mediation, which must, at a minimum indicate the date, time, place and contact information for the mediation.
The parties must submit a mediation memorandum to the mediator at least five Court Days before mediation, covering the parties’ positions and specified material information.
Court's wording
At least five Court Days before the mediation, the parties must submit to the mediator a short memorandum stating the legal and factual positions of each party, as well as other material information each party believes would be beneficial to the mediator, including without limitation: (i) a summary of material facts; (ii) a summary of legal issues; (iii) the status of discovery; (iv) a list and explanation of special damages and a summary of all injuries or damages; and (v) settlement attempts to date, including demands and offers.
At the conclusion of mediation, the mediator must inform the Court of its status and submit a report containing the specified information, including responsibility for costs and entries if the parties fully agree.
Court's wording
At the conclusion of mediation, and in compliance with R.C. §2710.06, the mediator must inform the Court of the status of the mediation. The mediator’s report must include all of the following: (i) whether the mediation occurred or was terminated; (ii) whether the parties reached a settlement on some, all or none of the issues; (iii) attendance of the parties; (iv) whether future mediation sessions are scheduled, including the date and time; and (v) any other information the Court may request or the mediator may deem important. If the parties reached full agreement, the report must indicate the parties’ agreement as to who is responsible for outstanding court costs and who will prepare any necessary entries.
In all instances in which the Ohio Supreme Court has prescribed forms for use in probate proceedings, the applicable Supreme Court forms must be used.
Use the applicable Portage County Probate Court form when one is prescribed; the Court will not accept substitute forms, even if they contain the same information.
Court's wording
In all instances in which our Court has prescribed forms to implement these Rules for use in probate proceedings, the applicable Portage County Probate Court forms must be used. Our Court will not accept any other forms in place of our prescribed forms, even if the other forms purport to contain the same information.
The application must be accompanied by a proposed entry.
All filings must be signed by the applicant, party, Fiduciary, or other person submitting the filing, and their respective attorney, if any.
All filings that contain more than one page must contain the case number at the top of each subsequent page, including all attachments.
- Document
- Filing
Must include
- •Case number
All information that is applicable to a particular filing using a prescribed form must be complete and accurate. The Court will not modify any proposed filing to correct inaccurate information or to add missing information that is required.
Proposed entries on standard Supreme Court or local forms must be filled out completely before the Court will rule on any application or motion.
All filings must be accompanied by a proposed entry in compliance with Rule 57.5(A).
In all cases in which there are Co-Fiduciaries, all the Co-Fiduciaries must sign each document filed in Court that requires the signature of a Fiduciary.
Unless another rule or law permits otherwise, an agent's signature under a power of attorney is accepted only if the power specifically authorizes signing in court proceedings and a complete, accurate copy is attached.
Court's wording
Except as otherwise permitted in these Rules or required by law, the Court will not accept the signature of an agent under a power of attorney in place of the signature of the principal, unless (i) the power of attorney contains specific language authorizing the agent to sign for the principal in court proceedings; and (ii) a complete and accurate copy of the power of attorney is attached to the filing.
otherwise, any attorney may sign and file a document on behalf of the attorney’s client without the client’s signature if the filing contains a certification that the client has reviewed and approved the filing before it is submitted for filing.
No agent under a power of attorney may sign any document on behalf of a principal on a document that requires the principal’s signature in a fiduciary capacity.
The filing must be accompanied by a cover letter identifying the sender’s complete contact information, the case by name and case number, and must provide clear instructions of the action the filer desires.
If the Court is requested to return file-stamped copies, the filer must provide a self-addressed, stamped envelope adequate in size to hold the return documents and with sufficient postage prepaid. Otherwise, the Court will place the return documents in the Court’s pick-up box.
The person making the filing is not required to file the original source document with the Court but must keep the original document in their possession until the case is closed.
Applications and motions must include a proposed entry prepared by the applicant or movant, or the Court may decline to accept them for filing.
Court's wording
All applications or motions must be accompanied by a proposed entry prepared by the person applying or moving for the entry. The Court may decline to accept the application or motion for filing if it is not accompanied by a proposed entry.
If required under the Ohio Rules of Civil Procedure, the proposed entry must contain a certificate of service showing the names and addresses of all parties and other interested persons to whom service is required.
- Document
- Proposed entry
Must include
- •Certificate of service
In contested matters, the prevailing party must prepare and present the proposed entry to the Court and to the opposing parties or their attorney within five Court Days after conclusion of the hearing to which the entry applies, unless the Court orders otherwise.
The filer is required to prepare and submit proposed entries with each filing, where necessary.
Proof of service or waivers of notice must accompany the certificate of service of notice of probate of will.
The Court will only release a deposited will to a person entitled to it upon satisfactory proof of identification.
A guardian who learns that a ward has a will and knows where its original is must deposit the original, or all originals, with the Court for safekeeping.
Court's wording
A guardian of the person or estate of a mentally incompetent adult who becomes aware that the ward has a will and who has knowledge of the location of the original will, must deposit the original of the will with the Court for safekeeping. If there is more than one original will, the guardian must deposit all originals for safekeeping.
Before an applicant or attorney files an application to appoint a Fiduciary in a decedent’s estate, the applicant or attorney must first request the Court to examine the Court’s index of wills deposited under R.C. §2107.07.
The Affidavit must accompany the waivers or other proof of service included when submitting a certificate of service of notice of probate of will for filing.
The original will must accompany an application to file will for record only.
The filing must include acknowledgements and waivers signed by each person entitled to notice under R.C. §2107.27(A).
An application to admit a lost, spoliated or destroyed will to probate must be accompanied by all other prescribed forms necessary to begin the administration of a testate estate, except an Application to admit lost, spoliated or destroyed will shall replace SC Form 2.0.
1st paragraph: discuss the custody of the child from the beginning of the case to the current custody orders.
Filing & Service rules
Electronic Filing Rules
Fax filing is an available filing channel for documents accepted by the Clerk, subject to the Rule’s provisions.
(A) Subject to the provisions of this Rule, all documents sent by fax and accepted by the Clerk shall be considered filed with the Court as of the date the Clerk timestamps the document received, as opposed to the date and time of the fax transmission.
Page 14 | 3.08 TIME OF FILING
A facsimile transmission and the signature it contains are accepted as the original for filing under Ohio Civil Rule 5(E).
A facsimile transmission will be accepted for filing as the original, and the signature contained thereon will be accepted as the original, in conformity with Rule 5(E) of the Ohio Rules of Civil Procedure.
Page 5 | 3.1 Facsimile Filing
Following the acceptance of and filing of a document by means of facsimile transmission, the original "hard copy" shall not be tendered to the Clerk for purposes of filing, and the Clerk should not accept for filing the original "hard copy."
Following the acceptance of and filing of a document by means of facsimile transmission, the original "hard copy" shall not be tendered to the Clerk for purposes of filing, and the Clerk should not accept for filing the original "hard copy."
Page 5 | 3.1 Facsimile Filing
Pleadings and other papers may be filed electronically under the rule, but the Clerk currently accepts filings only by email.
(B) Electronic Filing Policy* * (Portage County Clerk of Courts only accepts e-mail filing at this time. There is currently no "e-filing" available.) (1) In conformity with Ohio Revised Code, Ohio Civil Rule 5(E) and Criminal Rule 12(B), pleadings and other papers may be filed with the Clerk of Courts electronically, subject to the provisions in this rule.
Page 7 | Electronic Filing Policy
A compliant electronically filed document is accepted as the original, and the filer must not file a hard copy with the Clerk.
(I) A document electronically filed will be accepted as the original filing, consistent with Ohio Civil Rule S(E) and Criminal Rule l 2(B) if the person filing electronically complies with all of the requirements set forth in this Local Rule. (2) The person filing electronically shall not file a hard copy with the Clerk of Courts but must maintain in his or her records, and have available for production upon request by the Court, the Clerk of Courts or other counsel, the source document of any document electronically filed.
Page 8 | Disposition and Maintenance of Source Documents
Attachments and exhibits must be filed electronically, except those over 30 megabytes, which must be submitted in hard copy and served on all other parties.
Attachments and exhibits are to be filed electronically. Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.
Page 9 | Attachments and Exhibits
A party seeking to file an unredacted document under seal must electronically file a motion to seal.
The party seeking to file an un-redacted document must electronically file a motion to file the document under seal.
Page 9 | Privacy
A party must submit hard copies of exhibits that are unavailable electronically or too lengthy to scan.
A party shall submit hard copies of exhibits which are not available m electronic form or which are too lengthy to scan.
Page 10 | Exhibits / Depositions
The Court recommends filing in person or by mail; fax filing is permitted but should not be routine.
Every effort should be made to file documents in person or by mail. Fax filings are acceptable, but should not be utilized as a routine practice.
Page 35 | Best Practices — Local Rule 57.4
Pleadings requiring an accompanying filing fee, complaints, and pleadings in special juvenile proceedings—including parental by-pass proceedings and protection-order petitions—are not accepted by fax.
Any pleading which requires an accompanying filing fee. (C) Any complaint. (D) Any pleadings in special juvenile proceedings including, but not limited to, parental by-pass proceedings and petitions for protection orders.
Page 12 | 3.02 DOCUMENTS NOT ACCEPTED BY FACSIMILE TRANSMISSION
Pleadings and other papers may be filed with the Juvenile Court by fax at (330) 297-2227, subject to the stated restrictions on fax filings.
Pleadings and other papers may be filed with the Juvenile Court by facsimile transmission to the following number: (330) 297-2227.
Page 12 | 3.01(B) APPLICABILITY
The Court accepts filings by mail or other private delivery service.
The Court will accept filings by mail or other private delivery service.
Page 34 | Local Rule 57.4(B) — By Mail
Filings may be made in person to the Court's Deputy Clerks during normal business hours.
Filings may be made in person to the Court’s Deputy Clerks during the Court’s normal business hours.
Page 34 | Local Rule 57.4(A) — In Person
The Court accepts fax filings except those identified in Local Rule 57.4(F).
Except as provided in Local Rule 57.4(F), the Court will accept filings by fax.
Page 34 | Local Rule 57.4(C) — By Fax
Computer- or electronically produced tickets may be used and filed.
The use and filing of a ticket that is produced by computer or other electronic means is authorized.
Page 27 | 10.02 ELECTRONICALLY PRODUCED TICKETS
Filings made after the original complaint or indictment may be filed by fax.
All filings subsequent to the original complaint/indictment may be filed by facsimile transmission.
Page 5 | 3.1 Facsimile Filing
The Clerk maintains a facsimile line and machine for accepting filings in civil, criminal, and domestic relations cases, subject to the rule’s limits.
There will be maintained in the office of the Clerk of this court a private telephone line and facsimile machine for purposes of accepting documents for filing in civil, criminal and domestic relations cases, and as limited by this rule.
Page 5 | 3.1 Facsimile Filing
Exhibits supporting electronically filed motions should also be filed electronically.
In general, exhibits in support of motions filed electronically, should also be filed electronically.
Page 10 | Exhibits / Depositions
Filing Timing and Cure Windows
An act is performed in a timely manner only if completed before the applicable deadline expires.
The phrase “timely manner” means that an act was performed before expiration of the time required for that act to be completed under applicable law or under these Rules.
Page 9 | Local Rule 2.3 — Meaning of Certain Phrases
When a rule does not specify calendar or court days, count calendar days, including days the Court is closed.
“Calendar Days” includes every day, regardless of whether the Court is open that day or not. “Court Days” are only those days that the Court is open. If a Rule is silent, assume that it means “Calendar Days.”
Page 9 | Best Practices — Local Rule 2.1
The mediator or the parties jointly must file a notice of scheduled mediation within 30 days after the referral order.
Within 30 days after the date of that order, the mediator or the parties jointly must file a notice of scheduled mediation, which must, at a minimum indicate the date, time, place and contact information for the mediation.
Page 17 | Mediation Referral
The parties must submit the mediation memorandum to the mediator at least five Court Days before mediation.
At least five Court Days before the mediation, the parties must submit to the mediator a short memorandum stating the legal and factual positions of each party, as well as other material information each party believes would be beneficial to the mediator, including without limitation: (i) a summary of material facts; (ii) a summary of legal issues; (iii) the status of discovery; (iv) a list and explanation of special damages and a summary of all injuries or damages; and (v) settlement attempts to date, including demands and offers.
Page 19 | Mediation Case Summary
New cases and filings requiring a fee must be submitted by 3:30 p.m.; filings submitted after that time will not be reviewed and filed until the following Court Day.
New cases and any filing that requires payment of a fee must be submitted for filing by 3:30 p.m. Filings on or before 3:30 p.m. will be processed that day. Filings after 3:30 p.m. will not be reviewed and filed until the following Court Day.
Page 25 | Local Rule 53.1, A. Filing Cutoff
A party seeking to appear by videoconference must file a request no later than five days before the scheduled event.
Any party desiring to appear for a hearing or conference by videoconference must make a request by filing, no later than five days before the scheduled event.
Page 26 | Local Rule 53.3, C. Videoconference and Telephone Appearances
Filings must be received within the time required by law, subject to an extension under Rule 56, and late filings may subject the Fiduciary and attorney to compliance enforcement under Rule 77.
All filings must be received by the Court within the time required by law, subject to extension under Rule 56. Late filings will subject the Fiduciary and the Fiduciary’s attorney to compliance enforcement under Rule 77.
Page 32 | Local Rule 57.1 — General
A fax filing is accepted as the original and is effective on the date the Court receives both the document and full payment of applicable fees.
A document filed by fax will be accepted as the original filing and will be effective as of the date in which the Court receives the document and full payment of applicable filing fees.
Page 34 | Local Rule 57.4(C) — By Fax
A mailed or privately delivered filing is timely only if the Court receives it before the deadline expires.
The Court must actually receive the mail or delivery before expiration of the required deadline to be considered timely filed.
Page 34 | Local Rule 57.4(B) — By Mail
The proposed entry in a contested matter is due within five Court Days after the hearing, unless the Court orders otherwise.
In contested matters, the prevailing party must prepare and present the proposed entry to the Court and to the opposing parties or their attorney within five Court Days after conclusion of the hearing to which the entry applies, unless the Court orders otherwise.
Page 35 | Local Rule 57.5 — Preparation of Entry
The certificate must be filed within the required time, as extended under Rule 56.1; failure may subject the fiduciary and attorney to citation under Rule 77.
Failure to file the certificate within the required time, as modified by any extension under Rule 56.1, will subject the Fiduciary and the Fiduciary’s attorney to citation under Rule 77.
Page 38 | Local Rule 59.2 — Certificate of Service
Unless terminated sooner, special administration must be converted to regular administration on or before the account’s due date.
If not terminated sooner, the special administration must be converted to a regular administration on or before the due date of the account. In the absence of any other suitable application, the special administrator must file all necessary documents for appointment as the administrator or administrator with will annexed.
Page 44 | Local Rule 60.2(H) Conversion to Regular Administration
The inventory and appraisal is due no later than three months after the special administrator’s appointment.
The special administrator must file an inventory and appraisal with the Court no later than three months after the date of appointment as special administrator.
Page 44 | Local Rule 60.2(E) Inventory
The accounting is due by the earlier of 30 calendar days after appointment of a full administrator or executor and six months after the special administrator’s appointment.
The special administrator must file an accounting with the Court no later than (i) 30 Calendar Days after appointment of a full administrator or executor, or (ii) six months after the date of appointment as special administrator, whichever is earlier.
Page 44 | Local Rule 60.2(F) Account
If the court denies the extension application, the final and distributive account or certificate of termination is due within 60 Calendar Days after the initial six-month administration period expires.
The Fiduciary’s final and distributive account or certificate of termination is due no later than 60 Calendar Days after expiration of the initial six month administration period if the Court denies the application under subparagraph (2) above.
Page 48 | Extended Administration — Effect on Account
The Notice to Extend Administration is due by the expiration of the initial six-month administration period.
The notice must be filed no later than the date the initial six month administration period expires.
Page 48 | Extended Administration — Notice to Extend Administration
The Application to Extend Administration must be filed at least five Court Days before the initial six-month administration period expires.
The application must be filed no later than five Court Days before the date the initial six month administration period expires to enable the Court adequate time to consider and rule on the application.
Page 48 | Extended Administration — Application to Extend Administration
If the fiduciary files a notice to extend or the court approves an extension application, the first account or certificate of termination is due no later than 13 months after appointment.
The Fiduciary’s first account or certificate of termination is due no later than 13 months after the date of appointment if the Fiduciary files a notice under subparagraph (1) above, or if the Court approves an application under subparagraph (2) above.
Page 48 | Extended Administration — Effect on Account
When a wrongful-death-only or survival-only estate settlement allocates any proceeds to survival claims, the final and distributive account is due within 60 Calendar Days after the settlement entry is filed.
When an estate for wrongful death or survival purposes only is settled, and all or a portion of the settlement proceeds are allocated to survival claims in the entry approving settlement, the Fiduciary must file a report of distribution as required in the entry and must file a final and distributive account within 60 Calendar Days after the date of filing the entry approving settlement.
Page 49 | Accounts in Limited Purpose Cases
After the first partial account, the fiduciary must file an account annually by the anniversary date of the thirteenth month after appointment.
After the first partial account, the Fiduciary must file an account with the Court annually, on or before the anniversary date of the thirteenth month after the Fiduciary’s appointment.
Page 49 | Additional Partial Accounts
An untimely motion, response, or reply may not be accepted unless the late-filing party establishes exceptional circumstances caused the delay and no prejudice to the opposing party.
Failure to file any motion, response or reply within the required time may result in the Court not accepting the pleading for filing, unless the party late in filing can establish that the delay was a result of exceptional circumstances and that the opposing party will not be prejudiced by the filing delay.
Page 120 | 5. Filing Out of Time
Service and Proof of Service Rules
If the Court must serve a filed document, the filer must provide enough additional sets for the Court to complete service.
If the Court is required to serve any document filed, the person filing the document must provide sufficient additional sets of the document to enable the Court to provide service.
Page 34 | Local Rule 57.3(C) — Required Additional Service Sets
The fiduciary must timely comply with the statutory notice requirements, submit proof of service or waivers with the certificate, and use green return receipt cards or USPS tracking confirmation as proof of receipt.
The Fiduciary of a decedent’s estate in which the decedent’s will has been admitted to probate must timely comply with the notice provisions in R.C. §2107.19. Proof of service or waivers of notice must accompany the certificate of service of notice of probate of will. Proof of service must be in the form of green return receipt cards or USPS tracking confirmation that the notice was received.
Page 38 | Local Rule 59.2 — Probate of Will
Only persons identified in Ohio Civil Rule 4(D) may waive notice of admission of the will to probate.
Only those persons identified in Rule 4(D) of the Ohio Rules of Civil Procedure may waive notice of admission of the will to probate.
Page 38 | Local Rule 59.2 — Who May Waive
The applicant must serve the notice required by R.C. §2107.27(A) and file proof of service with the Court at least five calendar days before the hearing.
The applicant seeking to admit a lost, spoliated or destroyed will to probate is responsible for serving the notice required in R.C. §2107.27(A). The applicant must file proof of service with the Court no later than five Calendar Days before the hearing.
Page 39 | Local Rule 59.4(B) Notice and Hearing
Within seven calendar days after appointment, the investigative administrator must mail notice by regular mail to everyone identified on SC Form 1.0, unless an address is unknown despite reasonable diligence; recipients may waive notice in writing.
Within seven Calendar Days after appointment, the investigative administrator must mail written notice of the appointment by regular mail to all persons identified on the SC Form 1.0, unless the applicant does not know and cannot with reasonable diligence determine their address. The notice may be waived in writing.
Page 41 | Local Rule 60.1(D) – Appointment
If the Court dispenses with a hearing, the special administrator must serve notice of appointment on everyone identified on the Next of Kin within 10 days after appointment.
If the Court dispenses with the hearing, the special administrator shall serve a notice of the appointment on all persons identified on the Next of Kin within 10 days after the date of appointment.
Page 43 | Local Rule 60.2(C) Notice and Hearing
If a hearing is held, the applicant must serve notice of the application and hearing on everyone identified on the Next of Kin form and provide proof of service at least five days before the hearing.
If the Court does not dispense with the hearing, the applicant must serve notice of the application and the hearing on all persons identified on the Next of Kin form and provide proof of service no later than five days before the hearing.
Page 43 | Local Rule 60.2(C) Notice and Hearing
Schedule the insolvency and related matters for hearing, properly serve notice of the hearing, and provide proof of service at the hearing.
The Court requires that the insolvency and all related matters be scheduled for hearing and that the Fiduciary make proper service of notice of the hearing. The Fiduciary must provide proof of service of the notice at the hearing.
Page 50 | Local Rule 62.2 — Full Insolvency Proceeding
In a full insolvency, notice to all creditors and interested parties must be sent by certified mail; return receipt cards may be filed as proof at the hearing, and proof need not be submitted with the representation of insolvency.
Remember that in a full insolvency, the statute requires notice to all creditors and interested parties. This does need to be accomplished by certified mail. You may bring the green return receipt cards to the insolvency hearing and file them as your proof of service. You do not have to show proof of service simultaneously with the representation of insolvency.
Page 51 | Local Rule 62.2
Any waiver or proof of notice must be filed with the Court before the scheduled hearing.
Waivers or proof of notice must be filed with the Court prior to the scheduled hearing.
Page 53 | Local Rule 64.1 — Inventory; Service
After filing an inventory, the executor or administrator must serve hearing notice by certified mail on the specified persons, unless notice is waived.
Pursuant to O.R. C. 2115.16 and Civil Rule 73(E)(7) unless notice is waived, upon the filing of an inventory as required by O.R.C. 2115.02, the executor or administrator shall serve the notice of the hearing by certified mail upon the surviving spouse and all next of kin in an intestate estate and to all beneficiaries in a testate estate.
Page 53 | Local Rule 64.1 — Inventory; Service
A fiduciary must provide each account to all heirs or beneficiaries in accordance with R.C. §2109.32(B).
Every Fiduciary in a decedent’s estate must provide a copy of each account to all heirs or beneficiaries in compliance with R.C. §2109.32(B).
Page 57 | I. Certificate of Service of Account
The fiduciary must attach proof of service of the account to the certificate of service.
Every Fiduciary shall attach green return receipt cards, USPS tracking reports, or signed acknowledgements of receipt or other proof of service with the certificate evidencing service of the account.
Page 57 | I. Certificate of Service of Account
A person or entity filing the complaint must send a copy of the completed complaint form to the Fiduciary.
The person or entity filing the complaint must also send a copy of the completed complaint form to the Fiduciary against
Page 64 | Local Rule 66.1 General, F. Complaints against Guardians
The applicant must serve the termination application by regular mail on the specified persons and any others ordered by the Court.
All applications to terminate the guardianship of a minor before the minor reaches the age of 18 years require a copy of the application to be served by regular mail on all persons entitled to notice under R.C. §2111.04(A)(1), to all persons who received actual notice of the original appointment of the guardian, and to such other persons as the Court may order. The applicant is responsible for serving a copy of the application.
Page 67 | E. Termination of Minor Guardianship Before Minor Reaches Age 18
If necessary, the applicant must file an application for appointment of a special process server, who must file a return of the service before expiration of the initial 72 hour emergency guardianship period or within three Court Days after filing of the entry granting an extension.
If necessary, the applicant must file an application for appointment of a special process server, who must file a return of the service before expiration of the initial 72 hour emergency guardianship period or within three Court Days after filing of the entry granting an extension.
Page 74 | Local Rule 66.4(D) Notices
The person over whom the emergency guardianship is sought is the only person required to be served with any notices required under R.C. §2111.02(B)(3), unless the Court requires notice to other persons. Due to the short time constraints the law imposes in emergency guardianship proceedings, the Court requires that all notices must be served in person.
The person over whom the emergency guardianship is sought is the only person required to be served with any notices required under R.C. §2111.02(B)(3), unless the Court requires notice to other persons. Due to the short time constraints the law imposes in emergency guardianship proceedings, the Court requires that all notices must be served in person.
Page 74 | Local Rule 66.4(D) Notices
Since the initial appointment automatically expires in 72 hours, there is a very tight timeline to get service of notice of the hearing for extension on the proposed ward and other interested parties.
Since the initial appointment automatically expires in 72 hours, there is a very tight timeline to get service of notice of the hearing for extension on the proposed ward and other interested parties.
Page 75 | Local Rule 66.4
The applicant must serve each interested person written hearing details and a copy of the application at least seven calendar days before the hearing.
The applicant must serve written notice of the date, time and place of the hearing and a copy of the application on all interested persons at least seven calendar days before the hearing.
Page 84 | Local Rule 70.1 General
The filer must send the review-hearing request to the accused Fiduciary when filing it, and the Court may dismiss the complaint if the filer neither sends it nor can prove it was sent.
The person or entity filing the request must also send a copy of the request for Review Hearing to the Fiduciary against whom the allegations are made simultaneously with filing it in Court. If the filer fails to send the request form to the Fiduciary, and cannot prove that it was sent, the Court may dismiss the complaint.
Page 111 | Local Rule 78.1 General — D. Review Hearing
Prompt notice of each hearing must be provided to all persons with a legal or equitable interest, and the hearing proponent is responsible for notice unless law or rule requires the Court to provide it.
Prompt notice of all hearings must be provided to all persons having a legal or equitable interest in the subject matter. The Court may direct that notice of the hearing be given to other persons or entities. Unless the Court is required by law or rule to provide the notice, the proponent in the hearing is responsible for providing notice.
Page 112 | Local Rule 78.1 General — E. Hearings, 2. Notice of Hearing
Filing Fees and Waivers
A person requesting a permitted copy of a proceeding recording must file a request and pay the Court cost in advance.
Any person who is permitted by these Rules to obtain a copy of the Court’s recording of a proceeding may do so by filing with the Court a request for recording and paying the Court cost in advance.
Page 15 | C. Request for Copy
Full payment must be received before the Court begins processing the request.
The Court must receive the completed written request form and full payment before it begins the process.
Page 15 | Best Practices
Payment for certified, authenticated, or exemplified copies is due before the copies are made.
Payment for these copies is due in advance of making them.
Page 28 | Examination of Probate Records
If a filing fee is due, payment must accompany a mailed filing.
Payment of the filing fee must also accompany the filing, if a filing fee is due.
Page 34 | Local Rule 57.4(B) — By Mail
Fees for fax filings must be paid in advance, and the Court will not accept a fax filing if the fees are unpaid.
Any filing submitted by fax that requires filing fees be paid must be paid in advance. Any failure to pay filing fees will result in the filing not being accepted by the Court.
Page 34 | Local Rule 57.4(D) — Filing Fees for Electronically Submitted Filings
Be sure that the correct filing fee, if required, accompanies each filing. The Court may not accept documents for filing unless the filing fee is paid simultaneously with the filing.
Be sure that the correct filing fee, if required, accompanies each filing. The Court may not accept documents for filing unless the filing fee is paid simultaneously with the filing.
Page 35 | Best Practices — Local Rule 57.4
The full amount of costs anticipated for a proceeding must be paid in advance, according to the Court’s website schedule.
The Court requires an advanced payment of the full amount of costs anticipated to be incurred in the type of proceeding being filed. A schedule of the required court costs for various proceedings is shown on the Court’s website.
Page 36 | Local Rule 58.1 — Advanced Payment
The Court charges for filings and services, publishes a changeable cost schedule on its website, and requires all amounts due to be paid before accepting a filing or performing a service.
The Court charges for all filings made with the Court and other services the Court performs. This Rule states the Court’s policies on the amount and payment of those costs. A. Cost Schedule A schedule of the cost of each filing or other service is shown on the Court’s website. The schedule may change periodically. The Court will not accept any document for filing and will not perform any other service until all amounts due are paid in full.
Page 36 | Local Rule 58.1 — Court Costs
The party who subpoenaed or requested the witness’s appearance must pay the witness directly.
The party who subpoenaed or requested the appearance of a witness must pay the appropriate fees to that witness directly.
Page 36 | Local Rule 58.1 — Witness Fees
After notice of a dishonored payment, the payor must pay the full amount in cash and reimburse bank charges within three Court Days, or the Court may strike the filing or take other appropriate action.
If any payment is dishonored for insufficient funds or other deficiencies in the payment, the payor must pay the full amount due in cash, plus reimburse the Court for bank charges it incurs, within three Court Days after notice from the Court of nonpayment. If not paid within that time, the Court may strike the filing from the record or take other appropriate action as the Court may deem appropriate.
Page 36 | Local Rule 58.2 — Dishonored Payment
Costs for additional documents or services not covered by the advance payment must be paid as the filings are made or services performed.
Additional documents filed or services performed in the same case that are not covered by the original advanced payment will be charged and must be paid as filings are made or other services are performed.
Page 36 | Local Rule 58.1 — Advanced Payment
Jury fees must be paid when the jury demand is filed.
Jury fees must be paid simultaneously with filing the jury demand.
Page 36 | Local Rule 58.1 — Jury Fees
Witness fees must be requested no later than the conclusion of the relevant hearing or trial, or they are waived.
Witness fees must be requested at or before conclusion of the hearing or trial for which the subpoena was issued. If not timely requested, witness fees will be deemed waived.
Page 36 | Local Rule 58.1 — Witness Fees
An extension application filed by the Monday cutoff requires the normal extension filing fee, a $15 citation cost, and a $50 sanction per responsible person.
The Fiduciary may file an application for extension of time to file the overdue document under Rule 56.1 after the grace period, but no later than the close of business on the Monday before the citation hearing date. In addition to the normal filing fee for the extension, the Court will also assess an additional citation cost of $15.00 per responsible person under Rule 77.1(E), plus a sanction of $50.00 per responsible person under Rule 77.1(E).
Page 107 | Local Rule 77.4(B) Filing Application for Extension of Time
Filing an overdue document by the stated Monday cutoff requires its normal filing fee, a $15 citation cost, and a $50 sanction per responsible person.
The Fiduciary may file the overdue document after the grace period, but no later than the close of business on the Monday before the citation hearing date. In addition to the normal filing fee for that document, the Court will also assess an additional citation cost of $15.00 per responsible person under Rule 77.1(E), plus a sanction of $50.00 per responsible person under Rule 77.1(E).
Page 107 | Local Rule 77.4(A) Filing Overdue Document
If the overdue documents are not filed by the citation-order deadline, the Fiduciary and attorney are automatically sanctioned $10 per day until filing.
If the Fiduciary fails to file the overdue documents before expiration of the deadline set in the Court’s citation order under Rule 77.5(D), the Court will automatically assess against the Fiduciary and the attorney an additional sanction of $10.00 per day until the overdue documents are filed.
Page 108 | Local Rule 77.5(E) Per Diem Sanction
Filing after the Monday cutoff and before the hearing requires the normal filing fee, a $25 citation cost, and a $100 sanction per responsible person.
If not filed by the close of business on the Monday before the citation hearing date, the Fiduciary may file the overdue document or may file an application for extension of time to file the overdue document under Rule 56.1 up to the minute before the citation hearing is scheduled to begin. In addition to the normal filing fee for the overdue document or extension, the Court will also assess an additional citation cost of $25.00 per responsible person under Rule 77.1(E), plus a sanction of $100.00 per responsible person under Rule 77.1(E).
Page 108 | Local Rule 77.4(C) Filing Up To Citation Hearing
All citation costs and sanctions must be received before or at the same time as the overdue document is filed.
The Court must receive all citation costs and sanctions before or simultaneously with filing the overdue document.
Page 108 | Local Rule 77.5(E) Per Diem Sanction
At minimum, the citation-hearing order imposes a $25 citation cost and a $100 sanction per responsible person.
At the conclusion of the citation hearing, the Court will issue an order imposing, at a minimum, citation costs of $25.00 per responsible person under Rule 77.1(E), plus sanctions of $100.00 per responsible person under Rule 77.1(E).
Page 108 | Local Rule 77.5(D) Citation Hearing Order
For filing or requesting an extension at least three days before the citation hearing, each responsible person owes a $15 citation cost and a $50 sanction in addition to the normal filing fee.
As restructured, this Rule now even allows you to file the overdue document or you can apply for an extension of time to file it after the grace period expires. If you do so at least three days before the scheduled citation hearing, each responsible person must pay a $15.00 citation cost plus a $50.00 sanction, in addition to the normal document filing fee.
Page 110 | Local Rule 77.4
Courtesy Copy Requirements
The attorney or party filing a motion must submit a courtesy copy of the motion and all supporting, opposing, and reply briefs and memoranda to the assigned judge.
A courtesy copy of all motions, briefs, and memoranda (in support of, contra, and reply) must be submitted by the attorney or party filing the motion to the assigned Judge.
Page 50 | 50.1 Motions
A courtesy copy of every motion and other written request filed in a criminal case must be submitted to the trial judge.
A courtesy copy of all motions and other written requests filed in criminal cases must be submitted to the trial judge.
Page 50 | 50.1 Motions
Sealing & Redaction Procedures
Confidential records are not open to public inspection. There are no exceptions.
Confidential records are not open to public inspection. There are no exceptions.
Page 29 | Local Rule 55.2
A filing may not disclose HIPAA-protected health information unless required by law in a confidential proceeding or in a case requiring an expert evaluation statement by law or court order.
Unless required by law in a confidential proceeding, and except in cases in which a statement of expert evaluation is required by law or by Court order, no filing may disclose any person’s health information that is protected under federal HIPAA law.
Page 32 | Local Rule 57.2 — Protected Health Information
Unless law or court order requires otherwise, filings must omit protected personal identifiers, show only the last four digits of account numbers, and submit any disclosure of personal identifiers separately as a nonpublic document.
Unless otherwise required by law or by Court order, no document filed with the Court may contain any protected personal identifiers. Personal identifiers include social security numbers, account numbers, PIN’s, user names, passwords and digital access codes. Account numbers in any filing must be identified with only the last four digits of the actual account number. Disclosure of all personal identifiers in a proceeding must be filed on a separate document, which will not become part of the public record.
Page 32 | Local Rule 57.2 — Personal Identifiers
The decedent’s social security number must be redacted from the death certificate accompanying a special-administrator application.
An applicant for appointment as a special administrator must initiate the process by filing an Application to Administer, modified to indicate the applicant is seeking appointment as a special administrator. The application must also be accompanied by a completed Next of Kin form and a true and accurate copy of the decedent’s death certificate with the decedent’s social security number redacted.
Page 43 | Local Rule 60.2(A) Application
The decedent’s social security number must be redacted from the death certificate before it is filed.
The applicant must file a true and accurate copy of the decedent’s death certificate with the application for authority to administer the estate. The decedent’s social security number must be redacted from the certificate before filing.
Page 44 | Local Rule 60.3(A) Death Certificate
The decedent’s Social Security number must be redacted from the death certificate before filing.
The decedent’s social security number must be redacted from the certificate before filing.
Page 114 | All Cases — Death Certificate
Bank statements must redact account numbers, showing only the last four digits.
Account numbers on bank statements must be redacted with only the last four digits of the actual account number being shown.
Page 118 | Local Rule 78.4, Trusts—Statement in Lieu of Account
Applicants must black out Social Security numbers, driver’s license numbers, and driver’s license issuance and expiration dates on all documents submitted in a name-change proceeding.
The applicant must redact (black out) social security numbers, driver’s license numbers, and driver’s license issuance and expiration dates on all documents submitted to protect the privacy and confidential information of the applicant or minor.
Page 121 | B. Documentation Requirements on Name Change Proceedings
If the Court grants a supported request for confidentiality based on a threat to the applicant’s personal safety, it will waive notice and permanently seal the file.
If an applicant for a name change or name conformity desires the proceeding and the record to be confidential, the applicant must file a request for confidentiality supported by an affidavit or other sufficient proof that notice of the hearing or public access to the record would jeopardize the applicant’s personal safety. A proposed entry must accompany the request. If the Court grants the applicant’s request, the Court will waive notice and permanently seal the file.
Page 122 | H. Confidentiality
The listed records may not be made available to the public or any party without express Court authorization.
Without express authorization of the Court, the following records shall not be made available to the public, including any party to the case:
Page 20 | Local Rule 7.01(A) Non-Public Records
Caregiver and prospective adoptive parent notices in the confidential file are accessible only to the Court or clerks unless or until the matter is transferred to the Domestic Relations Division.
Notice of and to a certified foster caregiver, kinship caregiver, or prospective adoptive parent shall be filed separately from the parties’ notices and kept in the confidential file, accessible only to the Court or clerks unless or until the matter is transferred to the Portage County Court of Common Pleas, Domestic Relations Division.
Page 31 | 22.05 ABUSE, NEGLECT, AND DEPENDENCY CASES
Information about caregivers and prospective adoptive parents provided under R.C. 2151.424 is non-public and unavailable to the public.
Any information provided pursuant to R.C. 2151.424 regarding certified foster caregivers, kinship caregivers, or prospective adoptive parents to assist the Court in fulfilling its duties under this Rule is non-public and will not be available to the public.
Page 31 | 22.05 ABUSE, NEGLECT, AND DEPENDENCY CASES
Confidential pleadings containing caregiver or prospective adoptive parent contact information must be kept in a confidential file.
Any confidential pleading notifying the Clerk of a certified foster caregiver, kinship caregiver, or prospective adoptive parents’ name, address, and telephone number shall be kept in a confidential file.
Page 31 | 22.05 ABUSE, NEGLECT, AND DEPENDENCY CASES
If the Court overrules such a petition, the record must be sealed immediately.
Whenever the Court overrules a petition for a Juvenile Civil Protection Order or Juvenile Domestic Violence Civil Protection Order, the record shall be sealed immediately.
Page 45 | 23.22 SEALING AND EXPUNGING JUVENILE CIVIL PROTECTION ORDERS
These orders must be sealed when the Respondent turns nineteen unless the Petitioner provides evidence of noncompliance.
All Juvenile Civil Protection Orders and Juvenile Domestic Violence Civil Protection Orders shall be sealed when Respondent turns nineteen (19) years of age, unless the Petitioner provides the Court with evidence that the Respondent did not comply with the Order.
Page 45 | 23.22 SEALING AND EXPUNGING JUVENILE CIVIL PROTECTION ORDERS
A GAL must maintain the confidentiality of personal identifiers and certain addresses, may recommend restricting report access, and the Court may order access under protective conditions.
11. Maintain the confidential nature of personal identifiers, as provided in Sup.R. 44, or addresses, where there are allegations of domestic violence or risk to a party’s or child’s safety. A GAL may recommend that the Court restrict access to the report or a portion of the report, after trial, to preserve the privacy, confidentiality, or safety of the parties or the person for whom the GAL was appointed in accordance with Sup.R. 45. The Court may, upon application, and under such conditions as may be necessary to protect the witnesses from potential harm, order disclosure of or access to the information that addresses the need to challenge the truth of the information received from the confidential source;
Page 49 | GAL Responsibilities
After an individual turns 23, the Juvenile Court must expunge the specified previously sealed records after written notice to necessary parties and agencies, unless it receives notice of a civil action based on the case underlying the sealing order.
After an individual has attained twenty-three (23) years of age, the Juvenile Court shall expunge all previously sealed juvenile delinquency, unruly, or traffic files and records of the individual, following written notice to all necessary parties and agencies. Except that the Juvenile Court shall not expunge any records subject to a sealing order, if notified by any party in a civil action that such action has been filed based on a case the records of which are the subject of a sealing order.
Page 55 | LOCAL RULE 31: SEALING AND/OR EXPUNGEMENT OF RECORDS; NOTICE AND DESTRUCTION OF JUVENILE DELINQUENCY RECORDS AND FILES
When notified that an out-of-county court sealed or expunged records in a case originating in Portage County, this Court must automatically seal or expunge its records without further notice.
Upon notice of sealing and/or expungement of records by an out-of-county court, of a case originating in Portage County, Ohio, this Court shall automatically expunge and/or seal any records in the Court’s possession without further notice.
Page 55 | LOCAL RULE 31: SEALING AND/OR EXPUNGEMENT OF RECORDS; NOTICE AND DESTRUCTION OF JUVENILE DELINQUENCY RECORDS AND FILES
Mediation communications must remain confidential unless all parties and the mediator consent to disclosure; confidentiality disputes should first be addressed with the mediator where possible.
All mediation communications related to or made during the mediation process are subject to and governed by the Uniform Mediation Act. Mediation communications are confidential, and no one shall disclose any of these communications unless all parties and the mediator consent to disclosure. This Court may impose penalties for any improper disclosures made in violation of this Rule. Disputes regarding confidentiality should first be addressed with the mediator where possible.
Page 65 | 40.05 CONFIDENTIALITY
With leave of court, a party may seek to file an unredacted document under seal by electronically filing a motion, and the judge may require a redacted public copy.
With leave of the court, a party may file under seal a document containing the un-redacted personal data identifiers listed above. The party seeking to file an un-redacted document must electronically file a motion to file the document under seal. In granting the motion or application to seal, the assigned judge may require the party to file a redacted copy for the public record.
Page 9 | Privacy
Filing Bundling Requirements
Should a matter be so dismissed, and the parties wish to submit an entry thereafter, counsel shall, within fourteen (14) days, submit the judgment entry with a Motion to Vacate the Dismissal and a proposed entry granting the same.
Should a matter be so dismissed, and the parties wish to submit an entry thereafter, counsel shall, within fourteen (14) days, submit the judgment entry with a Motion to Vacate the Dismissal and a proposed entry granting the same.
Page 30 | LOCAL RULE 11: JUDGMENT ENTRIES
Summary-judgment evidence must be filed together with the motion or response it supports.
All affidavits, depositions, and other evidentiary material permitted by Civ. R. 56(C) in support of or in opposition to the motion for summary judgment must be filed with the motion or response that those materials support.
Page 30 | RULE 32 SUMMARY JUDGMENT MOTIONS
Pre-Motion Conference Requirements
An opposition is due within 14 calendar days after the motion is filed, and an optional reply is due within seven court days after the opposition is filed.
The opposing party must file its response in opposition to a motion within 14 Calendar Days after the filing date of the Motion. Reply to Opposing Response If the moving party desires to reply to the opposing response,
Page 126 | Local Rule 78.10 Civil Litigation, C. Motion Practice
After a failure to respond or an objection within 14 days, the parties must discuss and attempt to resolve the discovery issue informally before a discovery motion may be filed.
If a party or counsel fails to respond to an informal discovery request or objects to the request within fourteen (14) days, the parties or counsel shall discuss the issue and attempt to resolve the issue informally. (D) If the issue concerning the informal discovery request cannot be resolved informally, a motion may be filed with the Court for a written order regarding discovery.
Page 35 | 15.02 INFORMAL DISCOVERY PROCEDURE
A discovery motion under Civil Rules 26–37 will not be considered until the movant initiates personal consultation and sincere efforts to resolve the dispute, and the attached memorandum states the remaining disputes and consultation details.
under Civil Rules 26-37, shall not be considered by the Court unless the movant first demonstrates to the Court that after personal consultation and sincere attempts to resolve the differences the parties are unable to reach an accord. The memorandum attached to any discovery motion shall recite those matters that remain in dispute, the date, time, and place of the personal consultation, and the names of the parties participating therein. It is the movant's responsibility to initiate such consultation.
Page 13 | Discovery motions
Unless the trial judge orders otherwise, a Civil Rule 56 motion for summary judgment is ripe for decision on the twenty-eighth day after filing.
Except as otherwise ordered by the trial judge, all motions for summary judgment filed pursuant to Civil Rule 56 will be considered ripe for decision on the twenty-eighth day following the filing of the motion.
Page 30 | RULE 32 SUMMARY JUDGMENT MOTIONS
Counsel should make every effort to resolve discovery disputes by agreement before filing a motion.
Counsel should make every effort to resolve discovery disputes by agreement prior to filing motions with the Court.
Page 32 | 28.1 Informal Discovery
Adjournment & Extension Requirements
The Court grants continuances of scheduled mediations only for reasonable cause after a mutually acceptable new date is determined; pending motions generally are not reasonable cause, and the mediation must be rescheduled before the final pretrial conference unless the Court authorizes otherwise.
It is this Court’s policy to resolve matters as expeditiously as possible. The Court will only grant continuances of scheduled mediations for reasonable cause shown after a mutually acceptable further date has been determined. Only the Court may grant a continuance. Except as authorized by the Court, the existence of pending motions is not reasonable cause for a continuance and the Court will not grant a continuance unless the mediation can be scheduled before the final pretrial conference.
Page 20 | E. Continuances
A motion to continue a hearing or trial, or to extend a filing deadline, must be filed at least five Court Days before the scheduled date.
A motion for a continuance of a hearing or trial or motions for extension of time to file must be filed at least five Court Days before the scheduled date to allow the Court adequate time to consider and rule on the application.
Page 30 | Local Rule 56.2(B) — Timing
Each application for an extension of time must include a corresponding proposed entry.
All applications for extension of time must be accompanied by a corresponding proposed entry.
Page 30 | Local Rule 56.1(A) — Application Process
An extension application filed after the due date will not be considered or granted unless exceptional circumstances prevented timely filing or Local Rule 77 applies.
The Court will not consider or grant an application for extension that is filed after the due date, absent of a clear showing of exceptional circumstances that prevented filing before the due date or as provided in Local Rule 77.
Page 30 | Local Rule 56.1(B) — Timing
A continuance or other extension request must be made by motion and accompanied by a proposed entry with blank spaces for the Court to complete if granted.
All requests for a continuance or other extension of time must be made by motion, accompanied by a proposed entry with blank spaces for the Court to complete if it grants the motion.
Page 30 | Local Rule 56.2(A) — Process
An extension application must be filed at least five Court Days before its actual due date.
An application for extension of time must be filed at least five Court Days before the actual due date to allow the Court adequate time to consider and rule on the application.
Page 30 | Local Rule 56.1(B) — Timing
An extension or continuance application or motion must be signed by the applicant or movant and their attorney, unless the attorney signs alone and certifies that it was sent to the client for review and approval before filing.
All applications or motions for extension of time to file or for continuance of a scheduled hearing or trial under this Rule must be signed by the applicant, movant and their attorney. Alternatively, the attorney may sign the application or motion alone if the attorney certifies that they have sent the application or motion to their client for review and approval before filing.
Page 31 | Local Rule 56.3 — Who Must Sign
An attorney may sign an extension application without the client’s signature if the attorney certifies the client’s approval; otherwise, the client must sign.
This Rule provides some flexibility to attorneys by allowing them to sign applications for extensions without their client’s signature, however, the attorney must certify to the Court that they have the client’s approval to do so. Otherwise, the application needs to be signed by the client, as the Rules of Superintendence require.
Page 31 | Best Practices — Local Rule 56.3
A motion for a continuance or extension must explain the reasonable cause and amount of time sought, and state adverse parties’ consent or explain efforts to obtain it and why it was unavailable.
A motion for a continuance or other extension of time must contain a clear and concise statement establishing reasonable cause for why additional time is needed and how much additional time is requested. The motion must also contain the consent of adverse parties or their attorneys, or a statement explaining the efforts to obtain the consent and why it could not be obtained.
Page 31 | Contents of Motion
An extension application filed after the scheduled date or due date will not be considered or granted absent a clear showing of exceptional circumstances that prevented earlier filing.
will not consider or grant an application for extension that is filed after the scheduled date or due date, absent of a clear showing of exceptional circumstances that prevented filing before the due date.
Page 31 | Local Rule 56.1
The investigative administrator’s authority terminates on the earlier of the specified events, including 90 calendar days after appointment, and the Court will not grant extensions.
The authority of an investigative administrator under this Rule terminates automatically on the earlier of: (i) 90 Calendar Days after the date of the entry appointing the investigative administrator; or (ii) issuance of letters testamentary, letters of administration, entry releasing the estate from administration or order granting summary release from administration. The Court will not grant any extensions.
Page 42 | Local Rule 60.1(G) – Termination of Authority
Estate administration may be extended beyond six months only if a circumstance listed in R.C. §2109.301(B)(1) applies.
In order to qualify for extending the estate administration beyond the six month period, one of the circumstances in R.C. §2109.301(B)(1) must apply.
Page 48 | Extended Administration
Failure to regularly gather and maintain information between account filings is not a sufficient reason to obtain an extension of the account due date.
Failing to gather and maintain the necessary information regularly between accounts is not a sufficient reason to obtain an extension of the account due date.
Page 60 | Best Practices — Local Rule 64.4
A guardian may seek an education-course extension by filing an application before the deadline that explains qualifying circumstances; the extension may not exceed 60 days and does not alter later course deadlines.
A guardian may apply for an extension of time to complete the guardian fundamentals course or a continuing education course by filing an application for extension with the Court. The application for extension must be filed before the actual final due date of the required education. The application must state facts showing that the guardian has not been able to complete the education requirement within the required time due to significant and prolonged circumstances that are beyond the reasonable anticipation and control of the guardian. The maximum extension the Court will grant is 60 days. An extension does not change the deadline for completing later required education courses.
Page 70 | H.3. Extensions
To extend an emergency guardianship beyond the initial 72-hour appointment, the guardian must apply for an extension with a hearing and notice as required by law; an extension may last no more than 30 calendar days, and further extensions require exceptional circumstances.
If the emergency guardian desires to extend the emergency guardianship beyond the initial 72 hour appointment period, he or she must apply to the Court for an extension, with a hearing and notice of the hearing as required by law. The maximum extension is 30 Calendar Days. The Court will not grant additional extensions, absent a showing of exceptional circumstances.
Page 73 | Local Rule 66.4(C) Extension
A fiduciary may seek an extension under Rule 56.1 before or after a citation issues; an extension granted by the Court prevents noncompliance if the filing is made by the new due date, although applying after citation has financial consequences.
Fiduciaries may apply for an extension of time to file a required document in the manner provided in Rule 56.1 before issuance of a citation without consequence or after issuance of the citation with the financial consequences stated in this Rule. If the Court grants the extension, the Fiduciary and attorney will not be out of compliance as long as the filing is made by the new filing due date stated in the Court’s entry granting the extension.
Page 106 | Local Rule 77.1(D) Extensions
A citation-hearing continuance is granted only upon exceptional circumstances, and the application must be filed at least five court days before the hearing.
The Court will only grant a continuance of the citation hearing upon a showing of exceptional circumstances. An application for a continuance of the citation hearing must be filed at least five Court Days before the scheduled citation hearing.
Page 108 | Local Rule 77.5(A) Continuance of Hearing
Each party may obtain one extension of up to seven calendar days without showing reasonable cause; other extension motions must show reasonable cause.
Rule 56.2 describes the process for obtaining an extension of a filing deadline in litigation cases. The Court will grant a motion for extension, not to exceed seven Calendar Days, once to each party during the course of a case without the need to show reasonable cause. All other motions for extension must be supported by a showing of reasonable cause for the delay.
Page 126 | Local Rule 78.10 Civil Litigation, C. Motion Practice
The adjudicatory hearing may be extended for good cause upon proper request.
For good cause shown, the adjudicatory hearing may be extended upon proper request.
Page 30
A hearing-day continuance is allowed only for good cause that was unknown to the attorney or party before that day; consent does not change this requirement.
(E) No case will be continued on the day of the hearing, unless for good cause shown, which cause was not known to the attorney or party prior to the day of the hearing, notwithstanding all other counsel and parties’ consent to same.
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Chambers Communication Rules
All parties and attorneys must advise the Court of relevant known or newly learned domestic violence allegations involving at least two people required to attend mediation, before mediation concludes.
All parties and attorneys must advise the Court of any domestic violence allegations known to them to exist or to have existed in the past, or which become known to them following entry of the order of referral to mediation, but before conclusion of all mediation proceedings, which allegations involve any two or more persons whose attendance is required by the referral order.
Page 17 | Domestic Violence
Individuals with disabilities, special needs, or language barriers who need an interpreter must notify the Court at least five court days before a proceeding to request reasonable accommodations.
Individuals with disabilities, special needs or language barriers requiring the need for an interpreter must notify the Court at least five Court Days before any hearing, conference or other proceeding to request reasonable accommodations.
Page 103 | Local Rule 75.4 — Disabilities Accommodations
Imprisoned individuals must notify the Court at least 10 court days before a proceeding and request to appear and participate by telephone or video conference.
Individuals who are imprisoned must notify the Court at least 10 Court Days before any hearing, conference or other proceeding and request appearance and participation by telephone or video conferencing.
Page 103 | Local Rule 75.4 — Disabilities Accommodations
Applicants, parties, and their attorneys must notify the Court in writing of contact-information changes within 30 calendar days after they occur.
All applicants, other parties and their attorneys must inform the Court in writing of any changes in their contact information within 30 Calendar Days after the changes occur.
Page 103 | Local Rule 75.3 — Update of Information
Fiduciaries and their attorneys of record must attend citation hearings in person, may not send substitutes, and may not participate by telephone.
The Court views compliance, and citations for non-compliance, as serious matters. Therefore, all Fiduciaries and their attorney of record must appear in person at citation hearings. Attorneys are not permitted to send someone else in their place, regardless of whether it is another attorney in the same law firm. And no one can participate by telephone, regardless of how far you have to travel to get to the Court.
Page 110 | Local Rule 77.5
Attorneys, parties, and witnesses must not discuss a case’s merits with its presiding Judge or Magistrate unless opposing counsel or an unrepresented opposing party is present.
No attorney, party, or witness shall discuss the merits, either orally or in writing, of any case with the Judge or Magistrate presiding over the case, without the presence of opposing counsel or the opposing party, if the party is not represented by counsel.
Page 11 | 2.05 EX PARTE COMMUNICATIONS
If a fax filing lacks the required cover page, the clerk must fax the sender notice of the omission and rule violation.
The clerk shall notify the sender that no cover page was received by faxing to the fax number of the sender such notation and that this Rule was violated.
Page 13 | 3.05 NO COVER PAGE
When the specified conditions are met, the Court must immediately notify the court that issued the existing order.
If a court issues a Juvenile Civil Protection Order or a Juvenile Domestic Violence Order (entered after a full hearing or approval of a consent agreement), and the Court has knowledge of the existence of a Juvenile Civil Protection Order or Juvenile Domestic Violence Protection Order arising out of the same activities involving the same named Complainant/Petitioner and alleged Respondent, the Court shall immediately notify the Court issuing the Juvenile Civil Protection Order or Juvenile Domestic Violence Protection Order.
Page 46 | 23.23 CONFLICTING OR EXISTING ORDERS
A GAL must not have ex parte communications with the Court about the merits of the case.
A GAL shall maintain independence, objectivity, and fairness, as well as the appearance of fairness, in dealings with parties and professionals, both in and out of the courtroom and shall have no ex parte communications with the Court regarding the merits of the case.
Page 47 | 26.03 RESPONSIBILITIES OF GUARDIAN AD LITEM
If counsel believes expert evaluations, reports, or witnesses may be necessary, counsel must notify the Court within seven days to set a pretrial conference.
(B) If counsel believes expert evaluations, reports or witnesses may be necessary, counsel shall notify the Court within seven (7) days to set a pretrial conference in the matter.
Page 60 | LOCAL RULE 37: USE OF EXPERTS
A written complaint must be delivered to the Court Administrator at the stated address.
(E) The written complaint shall be delivered to the Court Administrator at the Portage County Juvenile Court, 8000 Infirmary Road, Ravenna, Ohio, 44266.
Page 67
An attorney who learns of an assignment that might create a conflict must notify the Court and opposing counsel as soon as practicable.
When an attorney becomes aware of any assignment that might create a conflict, the attorney must advise the Court and opposing counsel as soon as practicable.
Page 19 | RULE 15.2(A)
When the parties settle before trial, plaintiffs’ counsel must immediately telephone the trial judge and file written notice of settlement with the Court.
As soon as the parties have reached a settlement agreement prior to the trial date, Plaintiffs counsel must immediately notify the trial judge by telephone and file written notice of the settlement with the Cou11.
Page 20 | RULE 16.1
A prospective juror seeking an excuse under division (A)(6) must notify the appointed court employee by the scheduled appearance date, in person, by telephone, in writing, or by email.
A prospective juror who requests to be excused as provided in division (A)(6) of this section must inform the appropriate court employee appointed by the court of the prospective juror's request to be so excused by not later than the date on which the prospective juror is scheduled to appear for jury duty. The prospective juror must inform that court employee of the request to be so excused by appearing in person before the employee or contacting the employee by telephone, in writing, or by electronic mail.
Page 25
Plaintiff’s counsel must immediately notify the Court if loss mitigation fails or is successfully completed.
Plaintiffs counsel shall immediately notify the Court of a failure of loss mitigation and/or successful completion so that the case may be placed back on the active docket.
Page 30 | 23.5 Foreclosure Loss Mitigation
The requesting party must arrange a conference call or other group communication with the mediation department to set a new mediation date.
The requesting patty is responsible for establishing a conference call with the mediation department or other form of group communication to set a new mediation date.
Page 47 | 41.6 Continuances
Except for arraignments, defense counsel must confirm the prisoner’s location and notify the Court before any scheduled court appearance.
Except as to arraignments, it is defense counsel's responsibility to confirm a prisoner's location and notify the Court prior to any scheduled court appearance.
Page 49 | 46.1 Transport of Prisoner to Court
The Sheriff’s Department must immediately notify the trial judge’s office when the defendant is arrested.
The Sheriffs Department shall immediately notify the trial judge's office of the arrest.
Page 49 | 45.2 Arraignments
Those anticipating problems with a Rule should bring them to the Court’s attention as early as possible.
If you anticipate problems, bring them to the attention of the Court as early as possible so we can work through solutions together.
Page 11 | Important Notice
Place requests for certified, authenticated, or exemplified copies at least one Court Day in advance.
Any person who desires to obtain certified, authenticated or exemplified copies of Court records must place the request for the records at least one Court Day in advance to enable the Deputy Clerks adequate time to make the copies.
Page 28 | Examination of Probate Records
Junior Lawyer Participation Incentives
Court appointments offer newer attorneys and those transitioning into probate practice an opportunity to gain probate experience.
Court appointments are a good way for newer attorneys and those transitioning into probate practice to gain valuable experience handling probate cases.
Page 12 | Court Appointments