Portage County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Pleadings and motions

All pleadings and motions served and filed by an unrepresented party on behalf of himself/herself must be signed by that party, and the signature block should contain the following information, either typed or printed: the party's name, the designation that the party is prose, the party's address, a telephone number where the party can be reached, and an email address (if available).

All pleadings and motions served and filed by an unrepresented party on behalf of himself/herself must be signed by that party, and the signature block should contain the following information, either typed or printed: the party's name, the designation that the party is prose, the party's address, a telephone number where the party can be reached, and an email address (if available).

CRITICAL

Applies to

Minor guardianship conversion application

An application to convert a minor guardianship must be accompanied by a Minor Trust Agreement.

The applicant must submit the application to convert minor guardianship accompanied by a Minor Trust Agreement.

CRITICAL

Applies to

Guardianship estate filings

A guardian of a ward’s estate must post bond and file an inventory and accountings unless the Court orders otherwise; dispensing with bond requires compliance with Local Rule 75.2.

Every guardian of a ward’s estate is required to post bond, file an inventory and file accountings, unless the Court orders otherwise. A guardian desiring to dispense with bond must comply with the requirements of Local Rule 75.2.

CRITICAL

Applies to

Final and distributive trustee account

A final and distributive trustee’s account must be filed within 30 days after the Court orders termination of the testamentary trust.

A final and distributive trustee’s account must be filed within 30 days of after the Court orders termination of the testamentary trust.

CRITICAL

Applies to

Itemized statement

If requested compensation exceeds the amount allowed under Rule 72.1(A), the itemized statement must cover all services during the period.

If an executor or administrator requests compensation that exceeds the amount allowed in Rule 72.1(A), the itemized statement must cover all of the executor or administrator’s services for that period, not just those exceeding the allowable amount.

CRITICAL

Applies to

Cqe petition

Petitions submitted through the DRC must include electronic access to the Department of Rehabilitation and Corrections CQE Summary.

All Petitions submitted through the DRC must include electronic access to the Department of Rehabilitation and Corrections CQE Summary.

CRITICAL

Applies to

Certificate of service

The certificate of service of notice of probate of will must be accompanied by proof of service or waivers of notice.

Proof of service or waivers of notice must accompany the certificate of service of notice of probate of will.

CRITICAL

Applies to

Settlement approval application

If the contingent fee does not exceed the Appendix B guideline, prior court approval is unnecessary, but the agreement must be submitted with the settlement-approval application.

The Fiduciary is not required to apply for or obtain prior Court approval of a contingent fee agreement between the Fiduciary and the attorney in wrongful death, survival or minor’s personal injury cases if the percentage fee charges do not exceed the contingent fee guideline shown on Appendix B at the end of these Rules. The Fiduciary must submit the fee agreement to the Court for review simultaneously with filing the application to approve the settlement.

CRITICAL

Applies to

Account

By signing the account, the Fiduciary and attorney jointly represent that the attorney fee is fair and reasonable and the legal services benefited the estate.

The signature of the Fiduciary and the attorney on the account constitutes their joint representation that the attorney fee is fair and reasonable, and that the attorney’s legal services were beneficial to the estate.

CRITICAL

Applies to

Application

The application must be accompanied by SC Form 1.0 identifying all known heirs or beneficiaries and an acceptance of fiduciary duties.

SC Form 1.0 identifying all of the known heirs or beneficiaries of the estate and an acceptance of fiduciary duties must accompany the application.

CRITICAL

Applies to

Pleading

A pleading citing an unreported or out-of-state case as authority must include a copy of that case.

A copy of each unreported or out-of-state case cited as authority must accompany the pleading.

CRITICAL

Applies to

Account

The account cannot be waived.

This account cannot be waived under any circumstances.

CRITICAL

Applies to

Mediation notice

The mediator must file a notice stating that mediation is occurring and giving its time and place, and distribute the notice to all parties and non-party participants.

The Mediator shall file a notice with the Court that a mediation is occurring in the case, including the time and place for mediation, and this notice shall be distributed to all parties and non-party participants of the mediation.

CRITICAL

Applies to

Interim guardianship plan

An interim guardianship plan must disclose the material changes to the plan.

If the guardian becomes aware of any changes in circumstances affecting the ward that necessitate material changes in the most recently filed guardianship plan, the guardian must file an interim guardianship plan disclosing the plan changes within 30 Calendar Days after first becoming aware of the changes in the ward’s circumstances.

CRITICAL

Applies to

Fiduciary bond

Fiduciaries must post a bond that complies with the cited statutes and is issued by a reputable insurer or bonding company acceptable to the Court, subject to exceptions in the Rule or a specific court order.

All Fiduciaries must post a bond with the Court in compliance with R.C. §§2109.04 – 2109.20, unless otherwise provided in this Rule or by specific order of the Court in a particular case. All bonds must be issued by a reputable insurance or bonding company acceptable to the Court.

CRITICAL

Applies to

Guardian ad litem report

A guardian ad litem must provide a report to the Court no later than 10 days before the proposed-conversion hearing.

The guardian ad litem must make a report to the Court no later than 10 days before a hearing on the proposed conversion.

CRITICAL

Applies to

Notice of substitution of counsel

When the designated trial attorney withdraws and a new attorney is substituted, a written notice of substitution of counsel must be filed.

If the trial attorney designated in accordance with Loc.R. 11. 1 withdraws from the case, as provided in Loc.R. 13, and a new attorney is substituted in his place, a written notice of substitution of counsel must be filed.

CRITICAL

Applies to

SC Form 1 0

If the decedent’s next of kin or a beneficiary under the will is deceased, that person’s name and date of death must be shown on SC Form 1.0.

If a person who is the decedent’s next of kin or a beneficiary under the decedent’s will is deceased, the name and date of death of that person must be shown on the SC Form 1.0.

CRITICAL

Applies to

Corporate guardian fee schedule

A corporate guardian must file its fee schedule with the Court before seeking compensation under it.

The corporate guardian must first file its fee schedule with the Court.

CRITICAL

Counsel seeking withdrawal must timely file a written motion stating the grounds, client-notification efforts, upcoming hearing dates and appearance requirements, and notification to opposing counsel.

(B) Counsel seeking to withdraw as attorney of record shall timely file a written motion stating the grounds for the withdrawal from the case; that counsel has notified or made every possible attempt to notify the client of the intended action; any subsequent hearing dates, and the necessity of the client’s appearance at such hearings; and that counsel has notified opposing counsel of the intended action.

CRITICAL

Applies to

Fax filing

A fax filing must include the required cover page or it will not be filed.

If a document is sent by fax to the Court, without the cover page listed above, the document will not be filed.

CRITICAL

Applies to

Filing

Must include

case number

Filings longer than one page must show the case number at the top of every subsequent page, including attachments.

All filings that contain more than one page must contain the case number at the top of each subsequent page, including all attachments.

CRITICAL

Applies to

Guardian ad litem report

Begin the case-history section by listing the GAL’s appointment date.

Begin by listing your date of appointment.

CRITICAL

Applies to

Certificate of service of notice of probate of will

Must include

certificate of service

For persons who did not waive service, green cards must be filed as proof of service with the Certificate of Service of Notice of Probate of Will.

Green cards are required to be filed as proof of service with the Certificate of Service of Notice of Probate of Will (for persons who did not waive service).

CRITICAL

Applies to

Certificate closing estate

When a limited-purpose estate concludes with no probate assets to administer, the fiduciary must file a certificate closing the estate without accountings.

When an estate for limited purposes is concluded and there are no probate assets to administer, the Fiduciary must file a certificate closing the estate without accountings).

CRITICAL

Applies to

Business interest appraisal

An appraisal is required for a decedent’s business interests because their value is not readily ascertainable otherwise.

Therefore, our Court requires an appraisal of a decedent’s business interests because the value is not readily ascertainable otherwise.

CRITICAL

Applies to

Business interest appraisal

A decedent’s interest in a nonpublicly traded business entity, other than a sole proprietorship, must be appraised.

A decedent’s interest in any business entity subject to probate administration (other than a sole proprietorship) that is not publicly traded is intangible personal property, the value of which is not readily ascertainable and must be appraised.

CRITICAL

Applies to

Jury service notice

The jury-service notice must be understandable to a layperson and explain how and when to respond and the consequences of failing to respond.

The notice summoning a person to jury service will be set forth in a single document that is phrased in a manner that is readily understood by an individual unfamiliar with the legal and jury systems. The notice will be delivered by ordinary mail and will clearly explain how and when the recipient must respond. The notice will also explain the consequences of failure to respond.

CRITICAL

Applies to

Notice or summons

In contempt actions based on child-support or parenting-time orders, the Respondent’s notice or summons must comply with the listed statutory provisions, in addition to subsection (B).

(F) In addition to the requirements of subsection (B) of this Rule, in any action for contempt based upon an order for child support and/or parenting time (visitation), the Respondent’s notice or summons shall comply with R.C. 2705.031(C)(1), (2), (3), (4) and (5).

CRITICAL

Applies to

Mediator report

At the conclusion of mediation, the mediator must inform the Court of its status and submit a report containing the specified information, including responsibility for costs and entries if the parties fully agree.

At the conclusion of mediation, and in compliance with R.C. §2710.06, the mediator must inform the Court of the status of the mediation. The mediator’s report must include all of the following: (i) whether the mediation occurred or was terminated; (ii) whether the parties reached a settlement on some, all or none of the issues; (iii) attendance of the parties; (iv) whether future mediation sessions are scheduled, including the date and time; and (v) any other information the Court may request or the mediator may deem important. If the parties reached full agreement, the report must indicate the parties’ agreement as to who is responsible for outstanding court costs and who will prepare any necessary entries.

CRITICAL

Applies to

Structured settlement liquidation application

An application for a structured-settlement buyout must include detailed proof that the proposed buyout is financially reasonable.

Due to the steep discounting of structured settlement liquidations, the Court will require detailed proof that the proposed buyout is financially reasonable.

CRITICAL

Applies to

Mediator report

The mediator's report after each session must state whether mediation occurred or ended, the settlement status, party attendance, and any further sessions scheduled.

At the conclusion of each mediation session and in compliance with Ohio Revised Code §2701.06, the Court shall be informed, by a report of the mediator, of the status of the mediation, including the following: (1) Whether the mediation occurred or was terminated (2) Whether a settlement was reached on some, all, or none of the issues (3) The attendance of the parties (4) The scheduling of further mediation sessions, if any.

CRITICAL

Applies to

Partial dismissal notice

The Court must receive notice of a partial dismissal identifying the parties who settled, those who remain, and the claims still pending.

Notice must be provided to the Court of a partial dismissal. The notice must indicate which parties have settled, which parties remain, and which claims are still pending.

CRITICAL

Applies to

Guardian ad litem report

Use only the main points of the original complaint in the case-history section.

Use only main points of the original complaint to write this section.

CRITICAL

Applies to

Account

Third-party loans, advances, and other payments to or for the estate must be itemized as receipts in the period paid, with itemized disbursements showing how they were spent.

All loans, advances or other payments that a third-party (including the Fiduciary in his or her personal capacity) pays to or on behalf of the estate must be itemized as a receipt during the accounting period it is made, with itemized disbursements describing where the third-party loan, advance or other payment was expended during that accounting period.

CRITICAL

Applies to

Application for deferral

All applications for deferral must be accompanied by a motion and entry regarding the deferral.

A motion and entry regarding the deferral must accompany all applications.

CRITICAL

Applies to

Initial contempt pleading

The initial contempt pleading must state whether the Movant seeks a civil contempt order, a criminal contempt order, or both.

(D) The initial pleading shall indicate whether the Movant is seeking a Civil Contempt Order and/or a Criminal Contempt Order.

CRITICAL

Applies to

Proof of compliance

Assigned counsel for delinquency and unruly cases must provide the Court Administrator proof of compliance by January 31 each year.

All attorneys placed on the assigned counsel list for delinquency and unruly cases as counsel shall provide the Court Administrator with proof of compliance of this Rule by January 31st of each year.

CRITICAL

Applies to

Proposed trust

If a wrongful-death trust will receive settlement proceeds, the applicant must provide the Court a complete copy of the proposed trust at least 10 court days before the settlement hearing.

If a wrongful death trust under R.C. §2125.03(A)(2) is to receive any settlement proceeds, the applicant must provide the Court with a complete copy of the proposed trust at least 10 Court Days before the settlement hearing.

CRITICAL

Applies to

Continuance motion

A request to continue a trial or hearing must be made by written motion and accompanied by a proposed entry.

If a party seeks a continuance of a trial or hearing, the party must file a written motion and submit a proposed entry.

CRITICAL

Applies to

Report of distribution

The commissioner must file a report of distribution within 30 calendar days after completing distributions and no later than 90 calendar days after the entry relieving the estate from administration is filed.

The commissioner must file a report of distribution in all release from administration cases within 30 Calendar Days after completing all distributions, but not longer than 90 Calendar Days after filing of the entry relieving the estate from administration.

CRITICAL

Applies to

Fee agreement approval application

For approval of a higher contingent percentage or a different fee method, the Fiduciary and attorney must show reasonable cause to the Court’s satisfaction.

The Fiduciary and the attorney must show to the Court’s satisfaction that reasonable cause exists to justify a higher percentage fee or different fee computation method in the particular case.

CRITICAL

Applies to

Electronically filed pleading

An electronically filed pleading must be signed by an Ohio-admitted attorney or an unrepresented party.

(3) All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio or by a party not represented by an attorney.

CRITICAL

Applies to

Application for release from administration

The application for release from administration must include either a paid funeral bill with proof of payment or a signed funeral bill contract identifying who is responsible for payment.

A copy of the funeral bill with proof that it has been paid, or a copy of the signed funeral bill contract showing who is responsible for payment, must be filed with the application for release from administration.

CRITICAL

Applies to

Guardian ad litem report

The assessment should state the placement or custody that is currently in the child’s best interest.

At this time, it is in the best interest of (Child’s Name) to be placed/remain in the custody of . . .

CRITICAL

Applies to

Schedule of claims

File a schedule of claims using SC Forms 24.4 and 24.5.

You must file a schedule of claims (SC Forms 24.4 and 24.5).

CRITICAL

Applies to

Interim guardian report

Guardians of mentally incompetent adults must file interim reports informing the Court of changes or material circumstances affecting the ward.

Since a lot can happen during the two years between reports, this Rule imposes an obligation on guardians of mentally incompetent adults to file interim reports to inform the Court of changes or material circumstances that affect the ward.

CRITICAL

Applies to

Application

The application to settle wrongful-death claims must include a written narrative of the circumstances.

A written narrative setting forth the circumstances of the wrongful death must be filed with the application to settle the claims.

CRITICAL

Applies to

Fee application

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

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

CRITICAL

Applies to

Application to terminate guardianship

The guardian of the minor’s estate must file an application to terminate the guardianship.

An application to terminate an existing guardianship of a minor under R.C. §2111.05 must be filed by the guardian of the minor’s estate.