Portage County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Alternate distribution

An alternate distribution of tangible personal property requires consent from every party with an interest in the property.

The consent of all parties with an interest in that property is necessary to approve any distribution different than stated in a decedent’s will, or under the laws of intestate succession.

CRITICAL

Applies to

Assigned counsel application

For delinquency and unruly cases, counsel must describe their legal experience and how it meets the referenced requirements.

In relation to delinquency and unruly cases, counsel shall describe the type of legal experience they have and how the experience complies with the requirements set forth in Ohio Administrative Code Section 120-1-10.

CRITICAL

Applies to

Withdrawal motion

The withdrawal motion and proposed entry must be presented to the trial judge.

The motion and proposed entry shall be presented to the trial judge.

CRITICAL

Applies to

Written objection

A written objection to a mediation referral or appointed mediator must explain the reasons for the opposition.

(C) A party opposed to either the referral or the appointed mediator must file a written objection with the Court within seven (7) days of receiving notice of the referral or appointment of the mediator and explain the reasons for any opposition or enter such objection on the record at the hearing at which a referral to mediation is being requested/considered.

CRITICAL

Applies to

Adult guardianship appointment application

If an effective durable power of attorney or health-care power of attorney exists, the applicant must file true and accurate copies with the guardianship application.

If the proposed ward has executed a valid durable power of attorney or durable power of attorney for health care that remain in effect, the applicant must file true and accurate copies of the powers of attorney with the application for appointment as guardian.

CRITICAL

Applies to

Receivership plan

The court must receive a written receivership plan at the outset or as soon as reasonably available, and the plan must be updated as significant developments warrant or through periodic reports.

(A) At the outset of the receivership, or as soon thereafter as information becomes reasonably available, the court must be provided with a written plan for the receivership. The plan must, thereafter, be updated as significant developments warrant, or as part of ongoing periodic reporting to the court.

CRITICAL

Applies to

Fee agreement

An attorney representing a Fiduciary in a probate matter must obtain a written fee agreement signed by both parties at the start of representation, explain the service scope, fee method, and payment due date, and not calculate the fee by reference to the Rules’ fee guidelines.

An attorney representing any type of Fiduciary in a probate matter must document their relationship in a written fee agreement that both parties sign at the beginning of the representation. The fee agreement must clearly explain the scope of the attorney’s services, the method of determining the fee and when payment of the fee is due. The fee agreement must not compute the fee by reference to any fee guidelines accompanying these Rules.

CRITICAL

Applies to

Hourly fee application

An hourly-fee application must include a detailed billing statement with separate daily service entries and totals by attorney or paralegal; block billing and summary statements are prohibited.

If a fee request is based on hourly billing, the application must contain a complete and detailed billing statement. The billing statement must include separate daily entries showing who performed the services, the date performed, a description of the services, the time expended, the hourly rate charged and the total charge for each separate entry. It must also provide a summary of the total time each attorney or paralegal expended, his or her hourly rate and the total charges attributable to each. No block billing or summary statements are permitted.

CRITICAL

Applies to

Certified jury source list

The Board of Elections must compile and file a certified current list of county electors with the Commissioners of Jurors, including each elector’s name, address, and date of birth.

As Section 2313 .06 of the Ohio Revised Code provides, the Portage County Board of Elections will compile and file with the Commissioners of Jurors a certified current list containing the names, addresses, and dates of birth of all electors of Portage County as of the date the list is filed or as close to that date as possible.

CRITICAL

Applies to

Application to settle minor claim

The application must include a written narrative describing the injury circumstances and, generally, the prognosis for future medical issues or treatment.

A written narrative setting forth the circumstances of the minor’s injury must be filed with the application to settle the minor’s claim. The narrative must also address, in general terms, the prognosis regarding future medical issues or treatment.

CRITICAL

Applies to

Notice to apply to seal and expunge

When a Juvenile’s probation ends, the Probation Department must provide the notice to apply to seal and expunge Juvenile Court records.

Upon the termination of a Juvenile’s probation, the Probation Department shall provide the Juvenile with the Notice to Apply to have Juvenile Court Records Sealed and Expunged.

CRITICAL

Applies to

Negotiations

The complete text of negotiations must be written and signed and dated by the Assistant Prosecuting Attorney in charge, defense counsel, and the Defendant.

For the purpose of adhering to the provisions of Rule 11 (F) of the Ohio Rules of Criminal Procedure, a complete text of negotiations shall be: (1) reduced to writing; and (2) signed and dated by the Assistant Prosecuting Attorney in charge of the case, counsel for the Defendant, and the Defendant.

CRITICAL

Applies to

Motion

In a foreclosure matter with a completed loss mitigation packet under lender review, plaintiff’s counsel must file a motion to stay during the review and trial period.

In any foreclosure matter where a completed loss mitigation packet is under review by the home lender, Plaintiffs counsel shall file a motion for stay during the loss mitigation review and trial period.

CRITICAL

Applies to

Guardian ad litem report

State each child’s placement wishes or indicate that the child is not mature enough to make a statement.

State the wishes of the child(ren) in terms of placement or indicate if the child(ren) is/are not mature enough to make a statement.

CRITICAL

Applies to

Guardian report

The guardian of the person files the report; if there is none, the guardian of the estate files it.

The guardian of the person is responsible for filing the guardian’s report. If there is no guardian of the person, the guardian of the estate is responsible for filing the guardian’s report.

CRITICAL

Applies to

Waiver of counsel at mediation

A party waiving counsel at mediation must fill out and sign the waiver form before participating, and may rescind the waiver at any time.

Parties waiving counsel at mediation must fill out and sign a “Waiver of Counsel at Mediation” form prior to participation in mediation. Waivers may be rescinded at any time.

CRITICAL

Applies to

Guardian ad litem report

Provide the Court with the GAL’s independent view of the child’s best interests.

Provide the Court with your independent view of what is in the best interest of the child(ren).

CRITICAL

Applies to

Fax filing

A fax filer need not submit the original source document but must retain it until the case is closed.

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.

CRITICAL

Applies to

Motion to appoint process server

Must include

proposed order

The petitioner may seek the appointment of any person to serve as a process server, including a Sheriff’s Deputy, subject to the restrictions set forth in Civ. R. 4.2(C), by filing a motion to appoint process server and a proposed order appointing process server.

The petitioner may seek the appointment of any person to serve as a process server, including a Sheriff’s Deputy, subject to the restrictions set forth in Civ. R. 4.2(C), by filing a motion to appoint process server and a proposed order appointing process server.

CRITICAL

Applies to

Account

Loans or advances used to pay expenses must be identified on the account and itemized to show how the funds were spent.

Even if the source of funds to pay those expenses are loans or advances from the Fiduciary or someone else, they need to be shown as such on the account, with an itemization of where the loan or advancement was spent.

CRITICAL

Applies to

Objection

For an objection not based on an issue of fact, the filing party must notify the Court in writing when filing that it requests a ruling without a transcript.

If the Objection is not based on an issue of fact, the party filing the objection shall notify the Court, in writing, at the time of the filing of the Objection, that the party is requesting that the Court rule on the Objection without a transcript of the proceedings.

CRITICAL

Applies to

Report of distribution or verification of receipt and deposit

The minor’s attorney or the responsible party must file a report of distribution or a verification of receipt and deposit within 30 calendar days after the Court files its approval entry.

The attorney representing the minor, or the responsible party under Rule 67.1(A), is responsible for filing with the Court a report of distribution, or a verification of receipt and deposit of the minor’s funds (SC Form 22.3), within 30 Calendar Days after the Court files its entry approving the application to dispense with a guardianship for a minor.

CRITICAL

Applies to

Settlement approval application

This is a new Rule that requires documentation to substantiate that the issuer of a structured settlement is a reliable company. The Court needs sufficient time to review the required information, so it is important to submit the information with the initial application to approve the settlement.

This is a new Rule that requires documentation to substantiate that the issuer of a structured settlement is a reliable company. The Court needs sufficient time to review the required information, so it is important to submit the information with the initial application to approve the settlement.

CRITICAL

Applies to

Supporting documentation

A fiduciary must be able to produce supporting documentation within five Court Days after the Court demands it.

The Court may request the supporting documentation at any time, whether to resolve a particular issue in an account or as a means of random audit. The Fiduciary must be able to produce the supporting documentation within five Court Days after the Court’s demand.

CRITICAL

Applies to

Fee application

An attorney serving as trustee must file separate applications for payment of attorney and trustee fees.

An attorney who is also serving as the trustee must file separate applications for authority to pay the attorney fee and the trustee fee.

CRITICAL

Applies to

Order of appointment

The Order of Appointment must state the GAL’s appointment capacity, duration, and entitlement to notice and copies of case filings.

Every GAL shall receive an Order of Appointment which shall include: a. A statement regarding whether a person is being appointed as a GAL only or as a GAL and attorney for the child. b. A statement that the appointment shall remain in effect until discharged by the Court or the Court files a Final Order terminating and closing the case. c. A statement that the GAL shall be given notice of all hearings and proceedings and shall be provided with a copy of all pleadings, motions, notices, and other documents filed in the case.

CRITICAL

Applies to

Expedited guardianship filing

An expedited guardianship filing must include SC Form 15.1, a waiver of notice and consent signed by every person entitled to notice of the hearing.

In addition to all other documents required by statute, Superintendence Rule or Local Rule, the filing must also contain a waiver of notice and consent (SC Form 15.1) signed by every person entitled to notice of the hearing under R.C. §2111.04.

CRITICAL

Applies to

Account

If guardianship assets are non-probate, receipts verifying receipt of the assets by each beneficiary must be provided.

If any of the guardianship assets are non-probate, receipts must be provided verifying receipt of the assets by each beneficiary.

CRITICAL

Applies to

Application for fiduciary appointment

Unless an identified exception applies, the fiduciary appointment application must include a written bond commitment or other proof of qualification for the required bond amount.

Unless an exception applies in Rule 75.2(B)(3) or Rule 75.2(G), the applicant must file with the application for Fiduciary appointment a written bond commitment or other proof that the applicant qualifies for the issuance of a bond in the amount required by this Rule if the Court appoints the applicant as the Fiduciary.

CRITICAL

Applies to

Motion to withdraw

Failure to document the required notifications is grounds to deny a motion to withdraw.

(C) Failure to document the required notifications shall be cause for denial of the motion.

CRITICAL

Applies to

Application for authority to pay attorney fees

Must include

proposed order

Each application for authority to pay attorney fees in a decedent’s estate must include a proposed entry.

An application for authority to pay attorney fees in a decedent’s estate must be submitted along with a proposed entry for each application.

CRITICAL

Applies to

Application

An applicant claiming a bond exemption must establish the qualification when filing the application.

The applicant must establish any claimed qualification for exemption from bond under Rule 75.2(G) simultaneously with filing the application.

CRITICAL

Applies to

Certificate of service

When a certificate of service of notice of probate of will is submitted, the affidavit must accompany any waivers or other proof of service included with it.

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.

CRITICAL

Applies to

Order of appointment

An Order of Appointment must identify the special process server and state that the person is at least 18 and is not a party or counsel in the action.

The following must be stated in the Order of Appointment: 1. The name of the person to be appointed as a Special Process Server; 2. That the person being appointed as Special Process Server is eighteen (18) years of age or older; 3. That the person to be appointed as Special Process Server is not a party or counsel for a party in the action.

CRITICAL

Applies to

Exhibit

An exhibit filed separately must have a signed cover sheet with the specified case and exhibit information and must be served under the rules for pleadings.

(B) Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the Court, title of the case, the case number, name of the Judge/Magistrate, and the title of the exhibit being filed and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

CRITICAL

Applies to

Standing special process server application

An applicant for standing special-process-server designation must submit a motion, affidavit, and proposed order for the Administrative Judge’s signature.

An individual or an agent of a legal organization may apply to be designated as a standing special process server. The applicant must submit a motion, an affidavit and an order for signature by the Administrative Judge.

CRITICAL

Applies to

Guardianship plan

The guardianship plan must be filed biennially as an addendum to the guardian’s report.

The guardianship plan required by Sup. R. 66.08(G) must be filed biennially as an addendum to the guardian’s report (See Local Rule 66.3(F)).

CRITICAL

Applies to

Application to sell personal property

Before disposing of tangible personal property, the guardian must file an application to sell personal property with a proposed entry.

Before the sale, exchange, transfer or disposal of any tangible personal property, the guardian must file with the Court an application to sell personal property, accompanied by a proposed entry.

CRITICAL

Applies to

Proof of publication

The applicant must file proof of publication with the Court no later than five calendar days before the hearing.

The applicant must file proof of publication of the notice with the Court no later than five Calendar Days before the date of hearing on the application.

CRITICAL

Applies to

Application to dispense with guardianship

Must include

proposed order

An application to dispense with a minor’s guardianship must include an acknowledgement of responsibility, necessary consents, and a proposed judgment entry.

All applications to dispense with a guardianship for a minor must also be accompanied by an acknowledgement of responsibility, all necessary consents to the application and the proposed judgment entry dispensing with appointment of a guardian for a minor.

CRITICAL

Applies to

Complaint

Each complaint for the sale of land under R.C. Chapter 2127 must include a certification of title.

A certification of title must accompany all complaints for the sale of lands under R.C. Chapter 2127.

CRITICAL

Applies to

Motion

Motions must be made in writing in accordance with the cited juvenile rules unless the Court permits otherwise.

All motions shall be made in writing, in accordance with Rules 19 and 22 of the Ohio Rules of Juvenile Procedure, unless otherwise permitted by the Court.

CRITICAL

Applies to

Account

The account must show an ending balance calculated by adding total receipts to the beginning balance and subtracting total disbursements.

The result from adding the total receipts to the beginning balance and then subtracting the total disbursements must be shown as the ending balance for the accounting period.

CRITICAL

Applies to

Name change application

A name-change application must include photocopies of the applicant’s or minor’s birth certificate, Social Security card, and driver’s license or state-issued ID card, if any.

An applicant seeking a name change must provide photocopies of the following documents relating to the applicant or minor with the application: • Birth Certificate • Social Security Card • Driver’s License or State issued ID Card (if any)

CRITICAL

Applies to

Complaint or other pleading

Must include

proposed order

A proposed order must accompany every complaint or other pleading seeking an ex parte or emergency hearing or order.

A proposed order shall be submitted with all complaints or other pleadings seeking the issuance of an ex parte hearing or order and/or emergency hearing or order.

CRITICAL

Applies to

Motion

Every motion for issuance of an order of sale must include an updated title certification.

A certification of title update must accompany all motions for the issuance of an order of sale.

CRITICAL

Applies to

Application to expend ward funds

A parent-guardian seeking authority to spend a minor ward’s funds must show that the expenditure is not the parent’s support obligation or that the parent lacks the means to provide the support.

In cases where a parent is the guardian of a minor child’s estate, applications for authority to expend the ward’s funds can easily become unclear. Parents have a legal obligation to provide support for their children. They cannot expend the minor ward’s funds for that purpose. Therefore, it is important for a parent-guardian to clearly show that the request to expend the minor’s funds are not being used for something that is the parent’s obligation to provide anyway. Alternatively, the parent-guardian must show that they do not have the financial means to provide the necessary support for the minor without expending the minor’s funds for a particular purpose.

CRITICAL

Applies to

Videoconference application

Must include

proposed order

A videoconference appearance application must include a proposed entry.

The application must be accompanied by a proposed entry.

CRITICAL

Applies to

Notice of appearance

All counsel must file a notice of appearance, and in consolidated cases must file it in the consolidated case number.

All counsel shall file a notice of appearance. In consolidated cases, all counsel shall file a notice of appearance in the consolidated case number.

CRITICAL

Applies to

Appraisal form

If an appraiser is appointed, file the proper appraisal form before or at the same time as the Inventory.

Be sure that if an appraiser is appointed the proper appraisal form is filed before or simultaneously with the Inventory.