Portage County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Receivership procedural matter

Must include

proposed order

Receivership motions, fee applications, hearing requests, and other related procedural matters must be submitted in writing with a proposed entry.

Motions for a receivership, fee applications, hearing requests, or other procedural matters relative to a receivership must be submitted in writing, with proposed entry.

CRITICAL

Applies to

Real estate valuation filing

When real estate value is based on the Auditor’s tax valuation instead of a formal appraisal, a copy of the valuation must accompany the filing establishing that value.

If the value of real estate is based on the Auditor’s tax valuation in lieu of a formal appraisal, a copy of the Auditor’s tax valuation must accompany the filing in which the real estate value is being established.

CRITICAL

Alternative billing methods for legal services in guardianship cases require prior Court approval.

Generally, past practice has been to charge for legal services in guardianship cases on an hourly basis. This Rule continues that practice, but leaves open the door for alternative billing methods with prior Court approval.

CRITICAL

Applies to

Attorney withdrawal application

Must include

proposed order

A proposed entry must accompany an attorney’s withdrawal application or motion.

A proposed entry must accompany the application or motion.

CRITICAL

Applies to

Fee applications

An attorney who also serves as guardian must simultaneously file separate applications for the attorney fee and guardian fee.

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

CRITICAL

Applies to

Extraordinary fee motion

Must include

proposed order

A request for extraordinary fees must be made by motion accompanied by a supporting memorandum and proposed order.

(D) All requests for extraordinary fees must be made by motion with a supporting memorandum and proposed order.

CRITICAL

Applies to

Docket entry

After service by posting and mail is completed, the Clerk must docket where and when posting was completed and copies of all certificates of mailing.

Upon completion of service by posting and mail, the Clerk shall docket where and when the posting was completed and a copy of all certificates of mailing;

CRITICAL

Applies to

Account

The account must itemize and describe each remaining asset and its value, accounting for the ending balance.

The account must itemize and describe the assets and their respective values that remain in the Fiduciary’s hands, which together comprise the ending balance shown on the account.

CRITICAL

Applies to

Application for appraiser appointment

An application proposing an appraiser for an asset other than real estate must provide sufficient information to establish the appraiser’s expertise.

The applicant must present sufficient information with the application to establish that the proposed appraiser of any other asset has the necessary expertise, by reason of education, special training, licensing, experience or otherwise, to render a fair, impartial and accurate valuation of the asset for which they are appointed to appraise.

CRITICAL

Applies to

Additional compensation application

An application for additional executor or administrator compensation must be submitted with a fee computation and proposed entry and supported by the required narrative and itemized statement.

Along with a fee computation, an application for authority to pay executor or administrator’s additional compensation in a decedent’s estate must be submitted with a proposed entry. Additionally, the application must be supported by the narrative and itemized statement described in Rule 72.1(B).

CRITICAL

Applies to

Motion

Where appropriate, a motion must be accompanied by a supporting memorandum stating the specific grounds for relief and citing controlling authorities.

All motions, where appropriate, must be accompanied by a memorandum in support of the motion, setting forth the specific grounds for the relief sought, along with citations to controlling authorities relied upon in requesting the relief.

CRITICAL

Applies to

Fee hearing submission

Before a fee hearing, the attorney must provide the Court with the fee agreement, billing statements, and information about how the requested fee was calculated.

Within 10 Calendar Days before the hearing, the attorney must provide the Court with a copy of the fee agreement, all billing statements and all other information relating to how the attorney computed his or her requested fee.

CRITICAL

Applies to

Application to extend administration

To obtain approval, the application must establish the stated circumstances by clear and convincing evidence; lack of diligence is not a valid ground, and inability to sell real estate generally requires exceptional circumstances and at least 45 consecutive Calendar Days of active listing immediately before filing.

In order to be approved, the application must establish by clear and convincing evidence that actual, material circumstances that were beyond the anticipation and control of the Fiduciary and the Fiduciary’s attorney exist that have precluded completing the estate settlement within the six month initial administration period. Circumstances indicating lack of diligence in the administration on the part of the Fiduciary or the Fiduciary’s attorney are not valid grounds for extending administration. Absent a showing of exceptional circumstances, inability to sell real estate is not valid grounds for extending the administration unless the Fiduciary shows that the real estate has been actively listed for sale for at least 45 consecutive Calendar Days immediately preceding the date of filing the application.

CRITICAL

Applies to

Court appointed counsel fee motion entry and certification

Appointed counsel must timely submit the Motion, Entry, and Certification for Court-Appointed Counsel Fees.

Routine failure to timely submit the Motion, Entry, and Certification for Court-Appointed Counsel Fees.

CRITICAL

Applies to

Inventory

A guardian must file an inventory and obtain prior Court approval before disposing of a ward’s assets, unless delay would be detrimental to the ward.

No guardian of a ward’s estate may sell, exchange, transfer or otherwise dispose of any of the ward’s assets until the guardian has filed an inventory and obtained prior Court approval, unless the guardian shows to the Court that delaying the transaction will be detrimental to the ward.

CRITICAL

Applies to

Written permission

Written judicial permission for courtroom media coverage must be made part of the record.

written permission of the Judge or Magistrate, as required by Sup.R. 12(A), shall be made a part of the record of the proceedings.

CRITICAL

Applies to

Motion to appear by phone

Must include

proposed order

Only in civil matters will the Court consider motions to appear by phone for status conferences; before filing, the movant must obtain opposing parties' consent, and the motion must identify consenting parties, state who will establish the call, and include a proposed order.

Motions to appear by phone for status conferences will be considered by the Court for civil matters only. All motions to appear by phone for status conferences must be filed with the Court at least ten days prior to the status conference. Prior to filing a motion to appear by phone, the filing party must have received consent from all opposing parties to appear by phone. Any motion to appear by phone must acknowledge consent of all parties, state which parties wish to appear by phone and which party will establish the conference call as the Court will not establish any conference calls. All motions to appear by phone shall be accompanied by a proposed order.

CRITICAL

Applies to

Settlement approval application

The settlement application must include a signed qualified-professional statement specifying the structured settlement’s present value and the calculations used.

The application must also include a signed statement from an independent certified public accountant, actuary, certified financial planner or equivalently qualified professional specifying the present value of the structured settlement and the calculations used to arrive at that present value determination.

CRITICAL

Applies to

Summary release application

A summary release application must include either a copy of the paid funeral bill with proof of payment or, if unpaid, a signed funeral-services contract identifying who is responsible for payment.

A copy of the funeral bill with proof that it has been paid, or if not yet paid, a copy of the signed funeral services contract showing who is responsible for payment, must be filed with the application for summary release.

CRITICAL

Applies to

Account

The account for the period in which a statutory fee is paid must include a completed statutory fee computation.

A completed statutory fee computation must accompany the account for the period in which the fee is paid.

CRITICAL

Applies to

Acknowledgement of understanding

Before entering the Drug Court Docket, the defendant must sign an acknowledgment that they understand its requirements.

The defendant will be required to sign an acknowledgement of understanding of the requirements of the Drug Court Docket prior to entering the docket.

CRITICAL

Applies to

Notice of ward death

The notice of the ward’s death must include a copy of the death certificate or an obituary.

A copy of the ward’s death certificate or obituary must accompany the notice.

CRITICAL

Applies to

Motion to abandon real property

The motion must include a current, accurate legal description with the parcel identification number, attached as an exhibit to the proposed abandonment order.

The Fiduciary must attach a current and accurate legal description of the real property to the motion. The legal description must include the parcel identification number and be attached as an exhibit to proposed order abandoning real property.

CRITICAL

Applies to

Judgment entry

A certified copy of the judgment entry must be transmitted to the relevant county Probate Court.

A certified copy of the judgment entry shall be transmitted to the Probate Court of the county where the application for marriage license was filed or will be filed.

CRITICAL

Applies to

Additional compensation application

An application for additional compensation must include a narrative explaining the case-specific justification and an itemized statement with the date, description, time, hourly rate, and total charge for each service.

The application must be supported by a summary narrative explaining the unique circumstances of the case that justify a higher fee, and an itemized statement of all services, showing the dates services were performed, a description of the services, the time expended, the hourly rate charged and the total charge for each entry.

CRITICAL

Applies to

Mediator compliance proof

Each prospective mediator must submit proof of compliance with Sup.R. 16.20–16.25 to the Court by January 31 each year.

Each prospective Mediator shall submit proof to the Court of compliance with Sup.R. 16.20-16.25 no later than January 31st of each year.

CRITICAL

Applies to

Report of distribution

Wrongful-death proceeds must be reported to the Court on a Report of Distribution.

The distribution of wrongful death proceeds must be reported to the Court on a Report of Distribution.

CRITICAL

Applies to

Guardian ad litem report

The fourth paragraph for each child must discuss school, behavior, grades, and changes from the beginning of the case to the present.

4th paragraph: discuss the child’s school, behavior in school, grades, and improvement or changes regarding school from the beginning to the current situation.

CRITICAL

Applies to

Account

Must include

certificate of service

The fiduciary must file a certificate of service of account (SC Form 13.9) before or simultaneously with filing the account.

Prior to or simultaneously with filing the account, the Fiduciary must file with the Court a certificate of service of account (SC Form 13.9), as required under R.C. §2109.32(B)(2).

CRITICAL

Applies to

Application to settle minor claim

If an annuity funds the structured settlement, the application must include an affidavit or similar proof that the issuing insurer meets the specified qualifications.

If the structured settlement is to be funded by an annuity, an affidavit or other similar proof verifying that the insurer issuing the annuity funding the structured settlement meets the following qualifications must also accompany the application.

CRITICAL

Applies to

Application to file will for record only

The original will must be submitted with an application to file the will for record only.

The original will must accompany an application to file will for record only.

CRITICAL

Applies to

Fiduciary bond

A fiduciary must file the court-set bond or qualify for a bonding exception before the Court will issue letters.

The Court will not issue letters to any Fiduciary until the Fiduciary has filed the actual bond in the amount set by the Court, or the Fiduciary has qualified for an exception to bonding under this Rule.

CRITICAL

Applies to

Account

For accounts other than final accounts or final and distributive accounts in a decedent’s estate, the Fiduciary must provide satisfactory written proof of the identity and current value of remaining assets.

On all accounts that are not final accounts or are not final and distributive accounts in a decedent’s estate, the Fiduciary must provide the Court with written proof to Court’s satisfaction of the identity and current value of all assets remaining in the Fiduciary’s hands.

CRITICAL

Applies to

Motion

The updated certification must verify a title-evidence update within 15 calendar days before the motion and confirm that interested parties are included in the complaint or properly added before filing.

This certification, performed in the same manner as in the preceding subparagraph, must verify that the plaintiff has updated its title evidence within 15 Calendar Days before filing the motion to confirm that all parties with any interest in the real estate, as determined by the title examination, are included in the original complaint, or have been added to the action properly through an amended complaint before filing the motion.

CRITICAL

Applies to

Final and distributive account or certificate of termination

Fees paid without prior court approval must be shown on a final and distributive account or certificate of termination filed no later than 13 months after appointment, subject to any permitted extension.

The fees paid must be shown on a final and distributive account or certificate of termination that the Fiduciary files no later than 13 months after the date of appointment, and any permitted extension.

CRITICAL

Applies to

Proof of compliance

Attorneys approved to serve as GALs must provide the Court proof of compliance by January 31 each year.

4. All attorneys approved by the Court to serve as a GAL shall provide the Court with proof of compliance of this Rule by January 31st of each year.

CRITICAL

Applies to

Complaint

The County Treasurer must be named as a defendant in every land-sale action, even when property taxes are current.

The County Treasurer must always be named as a defendant, even if all real estate taxes are current.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion for extraordinary fees must be accompanied by an itemized statement and proposed order.

EXTRAORDINARY FEES Attached itemized statement along with Motion and Proposed Order

CRITICAL

Applies to

Guardian appointment application

All guardian applicants, including emergency guardianship applicants, must file both supplemental information forms with the application.

All applicants for appointment as guardian, including an emergency guardianship, must file with the application an alleged ward’s supplemental information form and an applicant’s supplemental information form.

CRITICAL

Applies to

Certificate closing estate

The fiduciary must file a certificate closing the estate without accountings unless additional wrongful-death or survival claims require the estate to remain open; no final and distributive account is required in this instance.

The Fiduciary must also file a certificate closing the estate without accountings, unless the estate must remain open for resolution of additional pending wrongful death or survival claims. The Fiduciary is not required to file a final and distributive account in this instance.

CRITICAL

Applies to

Application to admit lost spoliated or destroyed will

To satisfy the hearing-waiver condition, the filing must include acknowledgements and waivers signed by each person entitled to notice under R.C. §2107.27(A).

The filing must include acknowledgements and waivers signed by each person entitled to notice under R.C. §2107.27(A).

CRITICAL

Applies to

Fiduciary appointment application

An application for fiduciary appointment must include a good-faith estimate of all anticipated assets and annual income involved in the case.

All applications for Fiduciary appointment must contain a good faith estimate of the value of all assets and annual income the applicant anticipates to be involved in the case. These estimates are the basis from which the Court will determine the initial bond amount.

CRITICAL

Applies to

Regular administration appointment documents

Unless terminated sooner, special administration must be converted to regular administration by the account’s due date, and the special administrator must file the necessary appointment documents if no other suitable application exists.

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.

CRITICAL

Applies to

Corporate trustee fee schedule amendment

A corporate trustee must file and obtain Court approval of any fee-schedule amendment before applying for compensation under it.

Any amendments to the fee schedule must be filed with and approved by the Court before the corporate trustee may apply for compensation based on the amended schedule.

CRITICAL

Applies to

Motion for trial continuance

Must include

proposed order

A copy of a trial-continuance motion presented to the judge must be accompanied by a proposed judgment entry containing language granting the continuance.

A copy of the motion shall be presented to the judge's office with a proposed judgment entry containing language granting the continuance.

CRITICAL

Applies to

Fee application

An attorney serving as a receiver must clearly distinguish fees for receiver work from fees for separately performed attorney work.

An attorney acting as a receiver must clearly differentiate between fees sought for work performed as a receiver and for work separately performed as an attorney.

CRITICAL

Applies to

Transfer entry

Transfer entries under this rule must be signed by both the transferring and accepting judges.

All entries transferring cases under this rule must be signed by the transferring judge and the accepting judge.

CRITICAL

Applies to

Standing special process server affidavit and order

After the Administrative Judge signs the order, the applicant must file the affidavit and order with the Clerk of Courts; a time-stamped copy serves as designation until the order expires or is vacated.

After the Administrative Judge has signed the order, the individual or agent of the legal organization must file the affidavit and order with the Clerk of Courts. The Clerk of Courts will record the affidavit and order on the administrative journal. Thereafter, the Clerk of Courts will accept a time- stamped copy of the affidavit and order as proper designation of the process server until the order expires or is vacated by the Court.

CRITICAL

Applies to

Praecipe

A praecipe indicating that a transcript has been ordered must be filed with the Court.

A praecipe indicating a transcript has been ordered shall be filed with the Court.

CRITICAL

Applies to

Request for compensation

Each appointed attorney must make compensation requests on forms supplied by the Ohio Public Defender Commission.

Requests for compensation must be made by each appointed attorney on forms supplied by the Ohio Public Defender Commission.