Portage County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

The complaint shall be in writing and signed by the complainant.

The complaint shall be in writing and signed by the complainant.

CRITICAL

Applies to

Discovery motion memorandum

The memorandum attached to a discovery motion must state the remaining disputed matters and the date, time, place, and participants of the personal consultation.

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.

CRITICAL

Applies to

Status report

With each partial account or waiver, a fiduciary must file a status report describing remaining estate assets, insurance, administration efforts, liabilities, solvency, and reasons administration remains incomplete.

All Fiduciaries of a decedent’s estate must file a status report with the Court simultaneously with filing each partial account or waiver of partial account. The status report must describe the current status of all estate assets remaining in the Fiduciary’s hands, proof that all tangible and real property is properly insured, the efforts made during the accounting period to complete the estate administration, the status of payment of all outstanding estate liabilities, whether the estate remains solvent and the circumstances that have precluded the Fiduciary from concluding the administration.

CRITICAL

Applies to

Filing

When necessary, filers must prepare and submit a proposed entry with each filing.

The filer is required to prepare and submit proposed entries with each filing, where necessary.

CRITICAL

Applies to

Trustee contact information form

Each trustee must file an initial contact information form when a proceeding begins and keep the Court informed of changes to the trustee’s or a beneficiary’s contact information.

Every trustee must file an initial contact information form at the commencement of any proceeding and keep the Court informed of any changes in their contact information or beneficiary’s contact information.

CRITICAL

Applies to

Fax filing

A party filing a signed document by fax represents that they possess the physically signed source document.

(B) A party who files a signed document by fax represents that the physically signed source document is in his/her possession.

CRITICAL

Applies to

Application

Applications must provide positive value estimates; blank, zero, unknown, or otherwise nonpositive estimates will not be accepted for filing.

The Court will not accept for filing any application in which the value estimates are blank, listed at $0.00, stated as “unknown,” or otherwise fail to reflect any positive value.

CRITICAL

Applies to

Attorney fee application

For a fee within the guideline, the attorney may sign the application alone, making the stated representations, and need not attach an hourly billing statement or supporting narrative.

If the proposed attorney fee is less than or equal to the amount computed under the fee guideline, the attorney may sign the fee application alone. The attorney’s signature on the application constitutes the attorney’s representation that the proposed fee is consistent with the written fee agreement between the Fiduciary and the attorney and that he or she has provided a copy and explained the application to the Fiduciary before filing with the Court. An hourly billing statement and supporting narrative does not need to accompany the application.

CRITICAL

Applies to

Final judgment entry

Final judgment entries must include a provision for payment of costs.

Final judgment entries must contain a provision for payment of costs.

CRITICAL

Applies to

Inventory

Obtain the required real and personal property valuations before filing the Inventory, which must include proper evidence of those valuations.

Regardless of whether you use a formal appraisal or an alternate valuation, be sure you have all the required valuations for real and personal property before attempting to file the Inventory. The Court cannot accept Inventories that lack proper evidence of valuations.

CRITICAL

Applies to

Mediation memorandum

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.

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.

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

A continuance request must be in writing and accompanied by a proposed journal entry granting or denying the motion.

All requests shall be in writing and must be accompanied by a proposed journal entry granting or denying the motion.

CRITICAL

Applies to

Ex parte order

All ex parte orders must include the specified notice language.

The following language shall be included in all ex parte orders: THE COURT HAS ISSUED AN EX PARTE TEMPORARY ORDER BASED SOLELY UPON THE EVIDENCE PROVIDED BY AN OPPOSING PARTY. YOU MAY REQUEST A HEARING ON THIS MATTER. YOU HAVE THE RIGHT TO RETAIN COUNSEL AND SHOULD HAVE RETAINED COUNSEL PRESENT WITH YOU AT ANY HEARING. THIS IS A TEMPORARY ORDER AND THE COURT WILL REVIEW ALL EVIDENCE OF THE PARTIES AT ANY REQUESTED HEARING.

WARNING

Applies to

Request to mail copies

A request to mail copies must include a self-addressed, stamped envelope.

Any request to mail the copies must include a self-addressed, stamped envelope.

WARNING

Applies to

Extension request

Fiduciaries should distinguish between a Notice to Extend Administration and an Application to Extend Administration and use the form appropriate to their circumstances.

This Rule requires careful review, as it is much different than past practice. Be sure you understand the difference between a Notice to Extend Administration and an Application to Extend Administration, and use the correct form to fit your circumstances.

WARNING

Applies to

Reading of records log

The reading-of-records log must identify all records reviewed throughout the case and when they were reviewed, and must not list information discovered in the records.

This section is a log of all the records you have reviewed through the entire case and when you reviewed them. This is not the place to list information you discovered in your review of the records.

WARNING

Applies to

Contempt action

In a contempt matter, the party seeking a contempt finding is designated the Movant and the charged party the Respondent.

(A) Any party seeking a finding of contempt shall be designated the Movant and the party charged with contempt shall be designated the Respondent.

WARNING

Applies to

Guardian ad litem report

The activities section should provide a fact-based overview focused primarily on the children’s condition, well-being, progress, strengths, weaknesses, and needs.

The purpose of this section is to provide a fact-based overview of the condition, well-being, progress, strengths, weaknesses, and needs primarily of the child(ren).

WARNING

Applies to

Structured settlement liquidation application

The Court recommends obtaining multiple proposals for comparison to demonstrate that a structured-settlement buyout is reasonable.

The best way to prove reasonableness is to obtain multiple proposals for comparison.

WARNING

Applies to

Guardian ad litem report

Keep the case-history description of what brought the case to court very brief.

This is a very brief description of what originally brought the case to Court.

WARNING

Applies to

Fee application

The receiver or counsel should attach an updated plan and progress report and a billing summary listing work dates, work descriptions, the individuals who performed the work, and the rates or other fee-and-expense calculation method.

The receiver or counsel for the receiver should attach to each fee application a brief, updated plan and progress report, together with a billing summary concisely reflecting: (1) the dates on which work was performed; (2) a description of work performed; (3) the name of each individual performing the work, and; (4) the hourly rate(s) sought to be charged, or other method used to calculate proposed fee(s) and expenses.

WARNING

Applies to

Case contacts log

The case contacts log must cover all successful contacts throughout the case in chronological order from the first contact, including calls, emails, or where communication occurred.

This section is a log of all successful contacts you have made throughout the entire case. These need to be in chronological order with your first contact ever made, including phone calls, emails, or where you communicated with the individual.

WARNING

Applies to

Proposed entry

If counsel fails to present any entry within the time prescribed after the decision, order, decree, or judgment is rendered, the trial judge may prepare and file the entry. The trial judge may impose sanctions for failure to comply with this rule.

If counsel fails to present any entry within the time prescribed after the decision, order, decree, or judgment is rendered, the trial judge may prepare and file the entry. The trial judge may impose sanctions for failure to comply with this rule.

WARNING

Applies to

Billing statement

Billing statements should contain the level of detail required by the Rule.

Be certain that your billing statement contains the level of detail required.

WARNING

Applies to

Emergency guardianship application

The Court recommends filing the application for a 30-day extension at the same time as the initial emergency guardianship application.

It is best to file an application for 30-day extension simultaneously with filing the initial emergency guardianship application.

WARNING

Applies to

Proposed entry

If the trial judge requests it, counsel for the prevailing party should submit a proposed entry reviewed by all counsel.

If requested by the trial judge, counsel for the party in whose favor a decision, order, decree, or judgment is rendered, should submit to the trial judge a proposed entry that has been reviewed by all counsel.

WARNING

Applies to

Billing format

Hourly billing formats should contain the detail required by the Rule.

If you are charging on an hourly basis, be sure your billing format contains the necessary detail required in this Rule.

WARNING

Applies to

Case contacts log

Use full names in the case contacts log, except for foster parents.

Use full names except with respect to foster parent(s).

WARNING

Applies to

Fax filing

A fax filing is the effective original, so the source document need not be filed with the Clerk, but the filer must retain the signed source document and source cover sheet and make them available to the Court on request.

A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Court but must maintain in his or her records and have available for production on request by the Court, the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing.

WARNING

Applies to

Document

Every document filed by an attorney must include the attorney’s Ohio Supreme Court or pro hac vice registration number and email address.

All documents filed by an attorney shall include the attorney or pro hac vice registration number issued by the Ohio Supreme Court and the attorney’s email address.

WARNING

Applies to

Application for deferral

In unusual circumstances, an applicant may seek deferral of filing the guardian’s inventory and account.

In unusual circumstances, the applicant may also file an application for a deferral of filing the guardian’s inventory and guardian’s account.

WARNING

Applies to

Petition related materials

The judge or magistrate may order the petitioner to provide any report, investigation, or disclosure considered necessary to decide the petition.

The judge or magistrate may order any report, investigation, or disclosure by the Petitioner that it believes is necessary to reach a decision.

WARNING

Applies to

Notice of filing

A Notice of Filing identifying each non-case document must be filed with it and maintained in the Official file.

To ensure that the submission of any document which is not a “case document” is reflected in the Official file, a Notice of Filing, identifying the specific document(s), shall be filed with the document(s), and shall be maintained in the Official file.

WARNING

Applies to

Updated receivership plan and report

Updated plans and reports should compare actions taken with the previous plan, describe proposed future actions, and update cost, expense, and timetable estimates.

(G) After filing the first plan and report, the receiver must file updated plans and reports no less often than semi-annually. Each should include a summary of action taken to date measured against the previous plan for the receivership; should set forth proposed future action; and should update previous estimates of costs, expenses, and the timetable needed

WARNING

Applies to

Motion or response in opposition

A party may request a hearing in its motion or opposition; without a request, the Court may decide the motion without a hearing or set one itself.

Any party may request a hearing on any motion. The request must be made in the motion or in the response in opposition. If a hearing is not requested, the Court may rule on the motion without hearing, or may on its own motion set the matter for hearing.

WARNING

Applies to

Fax filing cover page

The person filing a document by fax shall also provide therewith a cover page containing the following information: 1. Name of the Court; 2. Title of the Case;

The person filing a document by fax shall also provide therewith a cover page containing the following information: 1. Name of the Court; 2. Title of the Case;

WARNING

Applies to

Waiver

A purchaser may waive all or part of the 30-day title-evidence period through a writing signed by the purchaser and filed with the Court.

The purchaser may waive any or all of this 30 day period in a writing signed by the purchaser and filed with the Court.

WARNING

Applies to

Fiduciary accounting

The distribution of survival-claim proceeds will appear on the Fiduciary’s accounting in the decedent’s estate.

The distribution of survival clam proceeds will appear on the Fiduciary’s accounting in the decedent’s estate.

WARNING

Applies to

Fee application

Must include

proposed order

A proposed order approving any fees should be submitted to the Court.

A proposed order approving any fees should be submitted to the Court.

WARNING

Applies to

Guardianship filing

Guardianship filings should use the correct forms and include all required forms and information; the Court will not accept filings that fail to do so.

It is particularly important to be sure to thoroughly complete all of the necessary forms when you file matters pertaining to guardianships. If you use the wrong forms, leave out required forms, or leave out necessary information on the forms, our Court will not accept the documents for filing.

WARNING

Applies to

Appraiser compensation agreement

It is recommended that appraiser compensation be agreed upon before authorizing the appraisal and that the agreement be in writing, though a letter agreement is sufficient.

It is always best to have an agreement on appraiser compensation before authorizing the appraisal. The agreement should be in writing, but may be as simple as a letter agreement.

WARNING

Applies to

Partial account

A partial account may not show zero receipts and zero disbursements unless the court authorizes it in advance.

No partial account may show zero receipts and zero disbursements, unless authorized by Court order in advance.

WARNING

Applies to

Trustee appointment application

An attorney may submit a certificate of good standing from the Ohio Supreme Court in place of the criminal background check; natural and adoptive parents are also exempt from the rule’s requirements.

In addition to natural or adoptive parents, the requirements in this Rule do not apply to an attorney who files a certificate of good standing to practice law in Ohio from the Ohio Supreme Court in place of the criminal background check.

WARNING

Applies to

Name change application

The Court may order the applicant to submit other documents it deems relevant to a name-change application.

Upon review of the application, the Court may order the submission of other documents the Court deems relevant to the application.

WARNING

Applies to

Emergency guardianship application

For an emergency guardianship application, the applicant should submit extensive evidence of incompetence, imminent serious risk, and the absence of a less intrusive alternative, including a very current medical expert evaluation and affidavits.

Since this is an ex parte proceeding with no hearing, the applicant should submit as much evidence as possible to prove that the proposed ward is, in fact, mentally incompetent and faces an imminent risk of serious injury to person or property without immediate court intervention. There should also be direct evidence (as opposed to a mere assertion) that there is no less intrusive means to address the situation. Besides a very current statement of medical expert evaluation, the evidence should be in the form of affidavits. The more evidence the better.

WARNING

Applies to

Guardian compensation application

A higher guardian-of-the-person fee may be authorized after a proper application and a hearing.

The Court may authorize a higher fee after proper application and a hearing.

WARNING

Applies to

Application for deferral of bond

The Court may require a bond commitment under Local Rule 75.2 to accompany an application seeking deferral of bond.

The Court may require any applicant seeking a deferral of bond to provide a bond commitment under Local Rule 75.2 with the application.

WARNING

Applies to

Fee application

A fee application is not required in summary or release from administration cases unless the Court orders otherwise.

No application for fees is required in summary or release from administration cases, unless the Court orders otherwise.

WARNING

Applies to

Fax filing

The Court may strike the document or exhibit if missing exhibits are not filed as required.

Failure to file the missing exhibit(s) as required by this paragraph may result in the Court striking the document and/or exhibit.

WARNING

Applies to

Will

If the decedent has a Will, it should be admitted to Probate.

If the decedent has a Will, the Will should be admitted to Probate. (See R.C. §2113.03(F)).