Portage County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Agreement to mediate

If a new or different person attends a subsequent mediation session, that person’s signature must be obtained before the process proceeds.

If a new or different person attends a subsequent session, his or her signature must be obtained before proceeding further in the process.

CRITICAL

Applies to

Guardian ad litem report

The first paragraph for each child must discuss custody from the beginning of the case through the current custody orders.

1st paragraph: discuss the custody of the child from the beginning of the case to the current custody orders.

CRITICAL

Applies to

Fee application

Upon completing service, a GAL must submit a fee application on the Court-required form itemizing time and services rendered.

In such cases and upon completion of service, it shall be the duty of the GAL to submit a fee application on such form as required by the Court, itemizing time and services rendered.

CRITICAL

Applies to

Verification of receipt and deposit

When applicable in lieu of a distribution report, the applicant must file a verification of receipt and deposit within 30 days after entry approving the minor settlement.

In lieu of a report of distribution, the applicant must file a verification of receipt and deposit with the Court no later than 30 days after the entry approving the minor settlement.

CRITICAL

Applies to

Release of information

Defendants must complete and sign releases of information to facilitate communication between agencies and the Drug Court Docket Team.

Defendants must complete and sign releases of information to facilitate inter-agency communication on behalf of the defendant and Drug Court Docket Team.

CRITICAL

Applies to

Guardian ad litem report

Summarize each parent’s information in the specified order.

For each parent, summarize the following in this order:

CRITICAL

Applies to

Fiduciary withdrawal application

Must include

proposed order

A proposed entry must accompany a fiduciary’s withdrawal application or motion.

A proposed entry) must accompany the application or motion to withdraw.

CRITICAL

Juror questionnaires must be returned to the court immediately after trial and may not be copied.

Questionnaires must be returned to the court immediately following trial; no copying of questionnaires is permitted.

CRITICAL

Applies to

Proposed order

A proposed order must leave space for the Court to set the review hearing’s date and time.

The proposed order shall include space for the Court to set the date and time of the review hearing.

CRITICAL

Applies to

Witness disclosure

Witness disclosures must provide contact information for all witnesses, relevant-knowledge descriptions for lay witnesses, and qualifications and opinion information for experts.

Disclosure of witnesses under this rule must include the following information: (A) All Witnesses' name, address, and business phone number (or home phone number, if no business number is available). (B) Lay Witnesses' must include a brief description of the witness' relevant knowledge. (C) Experts must include a brief description of the expert's qualifications and summary of the expert's opinions and the basis or theory of that opinion.

CRITICAL

Applies to

Proposed order

The proposed show-cause order must also state the Respondent’s rights concerning burden of proof, witnesses, cross-examination, and bail.

4. The Respondent may compel the Movant to prove the case by clear and convincing evidence as to a civil contempt charge and by proof beyond a reasonable doubt as to a criminal contempt charge; 5. The Respondent may obtain the presence of witnesses on Respondent’s own behalf by compulsory process (subpoena) if necessary; 6. The Respondent has the right to cross-examine the witnesses called against Respondent; 7. The Respondent has a right to bail.

CRITICAL

Applies to

Electronically filed document

The filer must retain the source document, make it available upon request, and keep it through final disposition and the applicable appeal period.

(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. (3) The filer must maintain this source document until the final disposition of the case and through any Notice of Appeal or, if appealed, appeal period.

CRITICAL

Applies to

Status report

The status report must address the property’s physical condition and insurance, sale efforts, mortgage and tax payment status, and the listing agent’s name and address.

At least 10 Court Days before the status conference, the plaintiff must file a status report detailing the current physical status of the property, proof that the property is properly insured, the efforts made to sell the property, the status of payment of any mortgages and taxes on the property, and the name and address of the real estate agent that has the property listed for sale.

CRITICAL

Applies to

Application to settle minor claim

The application must include a statement disclosing the defendant’s total actual cost for the structured settlement annuity.

A statement disclosing the total actual cost of the structured settlement annuity that the defendant must pay must also accompany the application.

CRITICAL

Applies to

Guardian hourly compensation statement

A guardian charging hourly must itemize each service entry with its date, description, time, hourly rate, and total charge.

All of the guardian’s services must be itemized in a statement showing the dates services were performed, a description of the services, the time expended, the hourly rate charged and the total charge for each separate entry.

CRITICAL

Applies to

Withdrawal motion

Must include

certificate of service

A motion to withdraw as counsel must state the reasons for withdrawal and certify that a copy was served on the client.

In order to withdraw as counsel of record, counsel must present a motion setting forth the reasons for requesting withdrawal and certifying that a copy was served on the client.

CRITICAL

Applies to

Adoption petition

When required, putative father registry certification must accompany the initial adoption petition or the Court will not accept the petition for filing.

In all cases in which a putative father registry certification is required, that certification must be filed with the initial petition for adoption. If this supporting documentation is not included, the Court will not accept the petition for filing.

CRITICAL

Applies to

Guardian ad litem application

A person seeking consideration to serve as a GAL must submit an application stating the request and proof of required training completion.

In order for an individual to be considered to serve as a Guardian ad Litem (“GAL”), each person is required to submit an application, in letter form, on official/office letterhead, that sets forth their request, along with proof of successful completion of the training requirements as set forth in this Rule and Rule 48 of the Ohio Rules of Superintendence.

CRITICAL

Applies to

Third party motion

A third party seeking relief must file a motion stating the reasons for the request and, if an action is already filed, an order permitting joinder.

The third party must file a motion setting forth the reasons for the request and an order permitting joinder to the action, if an action has previously been filed.

CRITICAL

Applies to

Fee agreement

File an agreement for contingent compensation within Appendix B guidelines with the end-of-case settlement approval application; agreements exceeding the guidelines or using another fee method require advance Court approval.

If a fee agreement seeks contingent compensation within the percentage guidelines in Appendix B, the Court does not need to approve the agreement in advance. Just file it with the application to approve the settlement at the end of the case. If the fee agreement exceeds the Appendix B guidelines, or if the fee is computed in a method other than a contingent percentage, you need to submit it to the Court for approval up front.

CRITICAL

Applies to

Filing

All filings must be signed by the applicant, party, Fiduciary, or other person submitting the filing, and their respective attorney, if any.

All filings must be signed by the applicant, party, Fiduciary, or other person submitting the filing, and their respective attorney, if any.

CRITICAL

Applies to

Engagement and fee agreement

The Court requires a written engagement and fee agreement between attorney and client in all probate cases.

Our Court requires a written engagement and fee agreement between the attorney and client is all probate cases.

CRITICAL

Applies to

Fee application

After completing service, assigned counsel must submit a fee application on the Court-required form itemizing time and services rendered.

Upon completion of service, it shall be the duty of assigned counsel to submit a fee application on such form as required by the Court, itemizing time and services rendered.

CRITICAL

Applies to

Request for newspaper publication

A newspaper-publication request must provide the case number, the first party on each side, the person’s name and last known address, and a summary of the complaint’s allegations; the Clerk fills in the hearing date and time.

A request for service by publication in a newspaper shall contain the following information to be included in the notice: a. The Case Number; b. The name of the first party on each side; c. The name and last known address of the person who is to be served; d. A summary statement of the allegation(s) made in the complaint; e. The Clerk will fill in the date and time of the hearing.

CRITICAL

Applies to

Motion

The applicant must file a motion specifically requesting an expedited hearing.

The applicant must also file a motion specifically requesting an expedited hearing.

CRITICAL

Applies to

Guardianship plan

The guardian responsible for the report files the plan; if the guardians of the person and estate differ, both must cooperate and file their respective portions.

The guardian who is responsible for filing the guardian’s report is responsible for filing the guardianship plan. If the guardian of the person and guardian of the estate are different, both guardians must cooperate and participate in filing their respective portions of the guardianship plan.

CRITICAL

Applies to

Inventory

The inventory’s description of each parcel of real estate must include its street address and tax parcel identification number.

The description of all real estate must include the street address and the tax parcel identification number.

CRITICAL

Applies to

Motion to withdraw

An attorney remains the guardian’s counsel until the Court approves a compliant withdrawal motion or the attorney files a compliant notice of involuntary withdrawal.

An attorney who enters an appearance to represent a guardian, either at the initial application or later in the guardianship proceeding, is deemed to continue to represent the guardian until the attorney files, and the Court approves, a motion to withdraw from the representation in compliance with Local Rule 78.9(A), or files with the Court a notice of involuntary withdrawal in compliance with Local Rule 78.9(B).

CRITICAL

Applies to

Minor trust application

All applications to establish minor trusts must include a proposed judgment entry and letters of authority of trustee.

A proposed judgment entry and letters of authority of trustee must be provided with all applications to establish minor trusts.

CRITICAL

Applies to

Notice of appearance

After consolidation, all counsel must file a notice of appearance in the lowest-numbered case.

All counsels shall file a notice of appearance in the lowest case number after consolidation.

CRITICAL

Applies to

Confidential pleading

Job and Family Services must notify the Court of a placement change by the next business day, and no later than seven days after placement, using a new confidential pleading with the subsequent caregiver’s or prospective adoptive parent’s contact information.

Portage County Job and Family Services shall notify the Court of any change in placement of a child by the next business day, but no later than seven (7) days from the date of placement, pursuant to R.C. 2151.424, by submitting a new confidential pleading that contains the name, address, and telephone number of the certified foster caregiver, kinship caregiver, or prospective adoptive parent with whom a child has been subsequently placed. (See Appendix D).

CRITICAL

Applies to

Minor estate expenditure application

A parent who is guardian and seeks authority to spend a minor’s estate funds for health, education, maintenance, or support must include an explanation with the application.

If the guardian of a minor’s estate is also the minor’s natural or adoptive parent, and the guardian applies to the Court for authority to expend funds of the minor for items that can reasonably be considered relating to the minor’s health, education, maintenance or support, the Guardian must include an explanation for the request along with the application.

CRITICAL

Applies to

Complaint

Where appropriate, a complaint must include proof of assignment from the original creditor or party-in-interest; the Court may dismiss without prejudice if the proof is missing.

Upon filing and where appropriate, complaints must have attached proof of assignment to the plaintiff from the original creditor or original party-in-interest to establish the plaintiffs standing and the jurisdiction of the court. The Court may dismiss the complaint without prejudice if the proof of assignment is not attached to the complaint.

CRITICAL

Applies to

Attorney fee application

An application for a fee exceeding the guideline must include a Rule 71.1(D)-compliant hourly billing statement and a narrative explaining the circumstances justifying the higher fee.

If the proposed attorney fee exceeds the amount computed under the fee guideline, an hourly billing statement, in compliance with Rule 71.1(D), and a summary narrative explaining the unique circumstances of the case that justify a higher fee, must accompany the application.

CRITICAL

Applies to

Guardian ad litem report

For each parent, discuss visits with the children, including frequency, location, supervision, and relevant family interactions and relationships.

2. Discuss the parent’s visits with their child(ren). How often, where, supervised/unsupervised. Describe the interaction and relationship between the child and siblings, child and parent, child and stepparent, and child and other relatives.

CRITICAL

Applies to

Dismissal

A filed dismissal must state whether any parties, claims, or issues remain before the Court.

Any dismissal filed shall state whether there are remaining parties, claims or issues before the Court.

CRITICAL

Applies to

Account

Each account must provide complete, detailed, accurate, itemized information about the Fiduciary’s financial transactions during the accounting period.

The accounts of all Fiduciaries must provide complete, detailed, accurate and itemized information that accurately reflects all the Fiduciary’s receipts, disbursements, distributions and other financial transactions during the accounting period without room for uncertainty or speculation.

CRITICAL

Applies to

Conditional deferral application

An eligible relative may apply for a conditional education deferral, but must show five consecutive years of primary or joint responsibility for the ward’s care and compliance with the stated conditions during that period.

A guardian, other than a natural or adoptive parent, who is related by blood or marriage to a developmentally disabled ward, or a ward diagnosed with a prolonged mental illness, may apply to the Court for a conditional deferral of the educational requirements. The Court will consider the application if the guardian shows that he or she has been primarily or jointly responsible for the ward’s care for at least the past five consecutive years, during which time the guardian has been in compliance with all of the conditions in Rule 66.3(I)(1).

CRITICAL

Applies to

Motion for continuance

A continuance motion based on a conflict with another scheduled hearing must include a copy of that hearing’s notice.

(C) Any motion for continuance based upon a conflict with another scheduled court hearing shall be accompanied by a copy of the notice of that hearing.

CRITICAL

Applies to

Trial date motion

A motion to continue or modify a trial date must include a proposed entry, and noncompliance may result in denial.

Any motion to continue or modify a trial date must be accompanied by a proposed entry. Failure to comply with this rule may result in denial of the motion.

CRITICAL

Applies to

Business interest appraisal

The appraisal must identify the business, its entity type, and the decedent’s ownership interest as a percentage or by the specified share comparison.

The appraisal, and the description of the decedent’s business interest on the Fiduciary’s inventory, must state the name of the business, the type of business entity it is and the decedent’s ownership interest in that business, stated in terms of a percentage or by reference to the number of shares the decedent owned in relation to the total issued and outstanding shares.

CRITICAL

Applies to

Accounting

A receiver operating a business is subject to periodic accounting to the Court for the stated wage and business-expense payments.

A receiver taking charge of an operating business must have authority to pay reasonable wages to employees and all reasonable and customary business- related expenses, subject to periodic accounting to the court.

CRITICAL

Applies to

Guardian ad litem report

A GAL’s written report must include recommendations and detail the activities, materials, consultations, and other information considered.

(A) A GAL shall prepare a written report, including recommendations to the Court, within the time set forth in this Rule. The report shall detail the activities performed, hearings attended, persons interviewed, documents reviewed, experts consulted, and all other relevant information considered by the GAL in reaching the GAL’s recommendations and in accomplishing the duties required by statute, by Court Rule, and in the Court’s Order of Appointment.

CRITICAL

Applies to

Pleading motion memorandum

Must include

caption, judge name, case number

Each pleading, motion, and memorandum must identify the case name, case number, and judge; certain Portage County real-property actions must also list the relevant permanent parcel numbers in the caption.

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.

CRITICAL

Applies to

Attorney fee claim

A party seeking attorney fees in a contested matter must establish specific statutory, case-law, or rule authority and substantiate its entitlement to an award.

Generally, the request is unsupported by any authority. This Court normally will not consider awarding attorney fees in a contested matter without specific statutory, case law or rule authority. If you seek recovery of attorney fees, be prepared to thoroughly and clearly substantiate your claim. The burden is on the party seeking recovery to prove the right to an award of fees.

CRITICAL

Applies to

Annual status report

A limited-purpose estate that does not require asset administration is exempt from annual partial accounts but must still file an annual status report; if other probate assets require administration, all accounting requirements apply.

A decedent’s estate that the Fiduciary opened solely for a limited purpose not requiring the administration of assets, as described in Rule 60.3(C)(2), is exempt from the requirement of filing annual partial accountings in this Rule, but is not exempt from filing the annual status report. If there are other probate assets to administer, all accounting requirements in this Rule apply.

CRITICAL

Applies to

Review hearing request

A review-hearing request must be submitted in writing through proper filing in the Probate Clerk’s Office; other communications about alleged Fiduciary misconduct will not be accepted.

All requests for a review hearing must be submitted to the Court in writing through proper filing in the Probate Clerk’s Office. The Court will not accept any other form of communication regarding allegations of Fiduciary wrongdoing, neglect or other misconduct.

CRITICAL

Applies to

Application to expend minor funds

An application for authority to expend funds must state the exact amount requested and specifically describe the purpose of the expenditure.

The minor’s parent or parents with whom the minor resides, or the person who has legal custody of the child, may apply to the Court for authority to expend funds from the account. The application must state the exact amount of funds requested and must describe specifically the purpose for which the funds will be expended.

CRITICAL

Applies to

Case transfer

Subsequent transfers between judges must be made by entry.

All subsequent transfers of cases between judges must be by entry.

CRITICAL

Applies to

Attorney withdrawal application

The withdrawal application must certify that the client received a complete list of deadlines and critical dates and that the attorney has or will promptly deliver the case files after approval.

The application to withdraw must certify that the attorney has provided the client with a complete list of all deadlines and other critical dates in the case, and that the attorney has or will promptly upon the Court’s approval of withdrawal deliver all of the case files to the client.