Portage County Court of Common Pleas, Ohio Document Filing Requirements

WARNING

Applies to

Restraint request

A party may request courtroom restraints through a notarized affidavit or an affidavit affirmed before a Juvenile Court Clerk that details facts sufficient to meet the rule’s burdens.

Any party, including the Prosecutor, Probation Specialist, Department of Youth Services personnel, or Detention Center personnel, may request a child be restrained in the courtroom by means of a notarized affidavit or affidavit affirmed before a Clerk of the Portage County Juvenile Court detailing facts sufficient to meet the burdens of this Rule.

WARNING

Applies to

Full guardianship documents

If the Court grants an emergency guardianship, the necessary documents to establish a full guardianship should be filed promptly, if a full guardianship is necessary.

If the Court grants the emergency guardianship, it is important to promptly file all of the necessary documents to establish a full guardianship (if necessary), as well.

WARNING

The Court or commissioners may require physician documentation supporting a prospective juror’s request for excuse based on a condition that makes the juror unfit for the remainder of the jury year.

The Court or commissioners may require the prospective juror to provide the Court with documentation from a physician licensed to practice medicine verifying that a mental or physical condition renders the prospective juror unfit for jury service for the remainder of the jury year.

WARNING

Applies to

Trial preparation

The listed trial-preparation matters should be completed before trial at the time designated in the trial or pretrial order.

In all civil actions that are tried to the Court or to a jury, the following matters should be accomplished prior to trial, at a time that will be specifically designated in the Court's trial or pretrial order:

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.

WARNING

Applies to

Jury source list

The list should include all registered voters in Portage County, Ohio.

The list should include all registered voters in Portage County, Ohio.

WARNING

Applies to

Criminal background check

The Court may require an existing guardian to submit and file criminal background check results at any time and for any reason.

The Court reserves the right to require existing guardians to submit to and file the results of a criminal background check at any time and for any reason.

WARNING

Applies to

Death certificate

Do not submit the original death certificate because the Court will not copy and return it.

Do not submit an original of the death certificate, as the Court will not make copies and return the original.

WARNING

Applies to

Account

A fiduciary need not file supporting documentation or display proof of payment with an account unless the Court orders otherwise.

The Fiduciary does not have to file the supporting documentation with any account in a decedent’s estate, and does not have to display the proof of payment at the time of filing the account, unless the Court orders otherwise in the particular case.

WARNING

Applies to

Account

The fiduciary may not repay or reimburse a third party for an undisclosed loan, advance, or payment without prior court approval.

If this information is not disclosed on the current account, the Fiduciary may not repay or reimburse the third-party for the loans, advances or other payments without prior Court approval.

WARNING

Applies to

Billing statement

An attorney who also serves as guardian should separately identify legal work and guardian work.

If an attorney is also serving in a dual capacity as the guardian, it is absolutely crucial to properly segregate “legal” work from “guardian” work.

WARNING

Applies to

Transcript request

A transcript request must be made in accordance with Local Rule 6.03.

A request for a transcript shall be made pursuant to Loc.R. 6.03.

WARNING

Applies to

Original document

If a fax filing is not legible, the filer must file the original document with the Court.

If the fax is not legible, the original document shall be filed with the Court.

WARNING

Applies to

Application to admit lost spoliated or destroyed will

The Court may admit a lost, spoliated, or destroyed will without a hearing if the applicant satisfies both stated conditions.

The Court may admit the lost, spoliated or destroyed will to probate without hearing if the applicant satisfies both of the following conditions:

WARNING

Applies to

Deposition objections

When deposition objections arise for a deposition to be offered at trial, the offering party should request a ruling on each objection so the deposition can be edited before trial.

If there are objections interposed during stenographic or audio-visual depositions to be offered at trial, the party offering the deposition should request a ruling upon each objection to allow its timely editing reflecting the rulings prior to trial.

WARNING

Applies to

Schedule of claims

It is recommended that the schedule follow the statutory priority order; claims within each class should be subtotaled so the Court can see the class total.

It is best to organize the schedule of claims using the same order of priorities shown in R.C. §2117.25(A)(1-10). Subtotal all claims of the same class so the Court can easily see the total amount in that class.

WARNING

Applies to

Application

Valuation estimates may be omitted only for the specified wrongful-death, survival, or no-assets guardianship cases.

Valuation estimates may be excluded only in cases filed for the sole purpose of pursuing wrongful death or survival claims where there are no other probate assets to administer, or in guardianship cases in which the proposed ward truly does not have any assets or income.

WARNING

Applies to

Guardian ad litem report

The assessment section should synthesize the information for the Court.

This section is a summary that puts it all together for the Court.

WARNING

Applies to

Affidavit

If reasonable diligence cannot locate an heir or beneficiary, the fiduciary may file an affidavit describing all reasonable efforts to locate that person.

When an heir or beneficiary to an estate cannot be found with reasonable diligence, the Fiduciary may file an Affidavit pursuant to R.C.§2107.19(B) setting forth all reasonable efforts that have been made to locate the heir or beneficiary in an attempt to perfect service of notice of probate of will.

WARNING

Applies to

Consent to plead

Counsel should evidence their agreement with a Consent to Plead signed by all parties to the action.

The agreement of counsel should be evidenced by a "Consent to Plead" that has been signed by all parties to the action.

WARNING

Applies to

Memorandum

A party seeking a hearing must specifically request it in its supporting or opposition memorandum, although the Court may set a hearing on its own motion.

The Court will only hold a hearing on the objections if a party specifically requests a hearing in its memorandum in support or in opposition to the objections. The Court may set the matter for hearing on its own motion, even if not requested by any party.

WARNING

Applies to

Hearing request

A party may request a hearing in its pleadings or by separate application or motion, but must state specifically why the hearing is necessary or beneficial.

Any party may request a hearing in other circumstances in its pleadings, or by separate application or motion, stating specifically the reason that the requesting party believes a hearing is necessary or would be beneficial to resolving the matter.

WARNING

Applies to

Case contacts log

Identify individuals by their relationship to the child or children, such as maternal aunt or paternal grandfather.

Always refer to individuals as how they relate to the child(ren). For example: maternal aunt or paternal grandfather.

WARNING

Applies to

Category change request

A case-category change may be made only by the trial judge on the judge’s own initiative or upon an appropriate motion and judgment entry.

Other changes in categories may be made only by the trial judge, sua sponte, or otherwise upon appropriate motion and judgment entry.

WARNING

Applies to

Bank verification

The Court encourages promptly filing bank verification that the minor’s funds are deposited and restricted; the order authorizing this method is not effective until the verification is filed.

The key is to obtain and file with the Court a verification from the bank that the funds have been deposited and restricted so that withdrawal is not possible without further Court order. Until the verification is filed, the Court’s order authorizing the use of this method is not effective.

WARNING

Applies to

Presentence investigation report

The presentence report must be completed no later than two court days before sentencing, sent to the trial judge, and made available for review by the Defendant or the Defendant’s attorney and the Prosecutor.

The Probation Officer who prepares the report shall have it completed no later than two court days prior to sentencing. When the report is completed, it shall be sent to the trial judge and made available for review by the Defendant's attorney (or by the Defendant if he is not represented by an attorney) and the Prosecutor.

WARNING

Applies to

Attorney fee application

An attorney fee application is not required in summary or release from administration cases unless the Court orders one.

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

WARNING

Applies to

Title report

The written title report need not be filed with the certification but must be available for court review upon request.

The written title report does not need to accompany the certification, but must be available to the Court for review upon the Court’s request.

WARNING

Applies to

Visits log

The visits section must log all visits attended throughout the case.

This section is a log of all the visits you have attended throughout the entire case.

WARNING

Applies to

Application to employ professional

Applications for authority to retain professionals to assist a receiver should summarize the experience, current professional licensure, and other qualifications for every person sought to be retained.

Applications for authority to retain professionals to assist a receiver should summarize the experience, current professional licensure, and other qualifications for every person sought to be retained.

WARNING

Applies to

Proposed findings conclusions

After a hearing or trial, the judge or magistrate may require proposed findings of fact and conclusions of law to be filed.

After any hearing or trial, the trial judge or magistrate may require proposed findings of facts and conclusions of law be filed with the Court.

WARNING

Applies to

Deposition objections

Counsel should index any deposition objections and clearly state their grounds.

Counsel's objections, if any, should be indexed, and the grounds for the objections should be set forth clearly.

WARNING

Applies to

Trial brief

Before a hearing or trial, the judge or magistrate may require a trial brief to be filed.

Prior to any hearing or trial, the trial judge or magistrate may require a trial brief be filed with the Court.

WARNING

Applies to

Proposed entry

If counsel cannot agree on the entry, they should submit it to the trial judge for review.

If counsel are unable to agree upon the entry, the entry should be submitted to the trial judge for review.

WARNING

Applies to

Settlement approval application

The Court recommends addressing Rule 71.5 attorney-fee requirements in the initial settlement-approval application.

Rule 71.5 describes the requirements for approval of attorney fees in minor’s settlement cases. It is important to address those requirements up front when filing the initial application for settlement approval to avoid delays in the settlement hearing.

WARNING

Applies to

Rejection of claim

A rejection must be filed with the Court only if the creditor filed the claim there; claims sent only to the Fiduciary need not have their acceptance or rejection documented in the Court’s file.

Also note that the only time you need to file a rejection of claim with the Court is when the creditor actually filed the claim with the Court. The acceptance or rejection of creditor claims that were sent to the Fiduciary only (and not filed in Court) does not need to be documented in the Court’s file.

WARNING

Applies to

Jury demand

An adult charged with a misdemeanor may demand a jury, and the demand must be in writing.

An adult charged with a misdemeanor offense may demand a jury in writing

WARNING

Applies to

Final and distributive account

If estate administration is completed within six months, or 13 months if extended, and the fee is reasonable and everyone consents, court approval and a fee-guideline computation are unnecessary, but the fee should be included on the final and distributive account.

In essence, if you complete the administration of an estate within six months (or 13 months if the administration is extended), you do not have to get the Court’s approval of your fee. You do not even have to file a fee guideline computation. Simply put the fee on the final and distributive account. As long as it appears reasonable and everyone has consented, that is all you need to do.

WARNING

Applies to

Non case document

A document that is not a case document must be filed separately from the Official file.

If a party wishes to file a document which is not a “case document,” said document shall be filed separate from the Official file.

WARNING

Applies to

Settlement approval application

Applicants should address Rule 71.5’s attorney-fee approval requirements in the initial settlement-approval application to avoid hearing delays.

Rule 71.5 describes the requirements for approval of attorney fees in the settlement of wrongful death and survival claims. It is important to address those requirements up front when filing the initial application for settlement approval to avoid delays in the settlement hearing.

WARNING

Applies to

Partial account

A fiduciary may pay partial compensation upon filing a partial account, but the proposed amount is capped by the estimated percentage of estate-administration work completed.

The Fiduciary may pay partial Fiduciary compensation upon filing a partial account. The proposed partial compensation may not exceed a percentage of the maximum statutory amount that is equal to a good faith estimate of the percentage of the work completed on the estate administration through the end of that partial accounting period.

WARNING

Applies to

Judgment entry

The Court may direct either counsel to prepare a judgment entry stating the parties’ agreement.

The Court may order either counsel to prepare the judgment entry setting forth the agreement of the parties.

WARNING

Applies to

Attempted unsuccessful contacts log

The attempted unsuccessful contacts section must log all unsuccessful contacts throughout the case in chronological order, starting with the first unsuccessful contact.

This section is a log of all unsuccessful contacts made throughout the entire case. These need to be in chronological order following your first unsuccessful contact.

WARNING

Applies to

Objection

A party may file a written objection to a Magistrate’s Decision for the Judge to hear.

A party may file a written Objection to a Magistrate’s Decision as provided in Juv.R. 40, which shall be heard by the Judge.

WARNING

Applies to

Motion

Motions are decided on submission without an oral hearing unless a hearing is required by law, requested in writing by the movant, or ordered by the Court.

All motions shall be heard upon submission without oral hearing unless such hearing is required by law, requested by the movant in writing, or ordered by the Court.

WARNING

Applies to

Fee application

When the final fee application is submitted, it should be accompanied by a receiver's final report that includes all of the following information: (1) (a) the total amount of money collected during the receivership, (b) the total funds collected since the last interim fee awarded to the receiver (if any), and (c) the source(s) of funds; (2) total funds previously disbursed to creditors; (3) the amount of money or any property remaining on hand; (4) the status of all known secured and unsecured creditors' claims; (5) the approximate number and admitted balances due creditors but remaining unpaid; (6) the approximate number and total of creditors' claims that remain open or unresolved; (7) proposed final distributions to creditors and the date by which the receiver proposes to make them and close out the case; (8) the total administrative expense incurred to date, including fees paid to the receiver, attorneys, and other professionals; (9) the amount of additional administrative expense sought to be paid in the final fee application, and; (10) any known objections or other positions taken by those having an interest in the receivership with respect to the receiver's final plan to wind up the case.

When the final fee application is submitted, it should be accompanied by a receiver's final report that includes all of the following information: (1) (a) the total amount of money collected during the receivership, (b) the total funds collected since the last interim fee awarded to the receiver (if any), and (c) the source(s) of funds; (2) total funds previously disbursed to creditors; (3) the amount of money or any property remaining on hand; (4) the status of all known secured and unsecured creditors' claims; (5) the approximate number and admitted balances due creditors but remaining unpaid; (6) the approximate number and total of creditors' claims that remain open or unresolved; (7) proposed final distributions to creditors and the date by which the receiver proposes to make them and close out the case; (8) the total administrative expense incurred to date, including fees paid to the receiver, attorneys, and other professionals; (9) the amount of additional administrative expense sought to be paid in the final fee application, and; (10) any known objections or other positions taken by those having an interest in the receivership with respect to the receiver's final plan to wind up the case.

INFO

Applies to

Conditional deferral application

A natural or adoptive parent eligible for the automatic conditional deferral does not need to file an application.

There is no requirement to file any application with the Court to obtain this conditional deferral.

INFO

Applies to

Will for record only

A person may file the original will for record only if no probate administration is needed or there is no intention to administer or release the estate from administration.

Any person may file an original of a decedent’s will with the Court for record only, and without admission of the will to probate, if none of the decedent’s assets are subject to probate administration or if for any other reason there is no intention to administer or release the estate from administration.

INFO

Applies to

Emergency guardianship application

Applicants may submit additional documentation supporting the application and affidavits, and the Court strongly encourages them to do so.

The applicant may, and is strongly encouraged, to present additional supporting documentation evidencing the truth of the statements in the application and supporting affidavits.

INFO

Applies to

Guardian report

When an evaluation indicates that the ward’s competence is unlikely ever to improve, subsequent evaluations need not be obtained or submitted with reports, subject to the stated exception.

If the original or any subsequent Statement of Expert Evaluation indicates to a reasonable degree of medical certainty that it is unlikely that the ward’s mental competence will ever improve, the guardian is not required to obtain or submit subsequent Statements of Expert Evaluation with the guardian’s reports.