Portage County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Motion

Must include

proposed order

Where appropriate, the moving party must submit a separate proposed Judgment Entry.

Where appropriate, the moving party must submit separately a proposed Judgment Entry.

CRITICAL

Applies to

Application to admit lost spoliated or destroyed will

An application to admit a lost, spoliated, or destroyed will must include the prescribed forms needed to begin testate estate administration, with that application replacing SC Form 2.0.

An application to admit a lost, spoliated or destroyed will to probate must be accompanied by all other prescribed forms necessary to begin the administration of a testate estate, except an Application to admit lost, spoliated or destroyed will shall replace SC Form 2.0.

CRITICAL

Applies to

Application for appraiser compensation allowance

If the Fiduciary and appraiser cannot agree on compensation, the Fiduciary must file an application for allowance of compensation.

If they fail to agree, the Fiduciary must file an application for allowance of compensation to the appraiser.

CRITICAL

Applies to

Guardian ad litem report

Summarize each child’s information in the specified order.

For each child, summarize the following in this order:

CRITICAL

Applies to

Email filing

Each email filing must identify the case and document, provide the transmission date, and include the filer’s specified contact and bar information, with the stated qualifications.

(5) For each electronic document filed, the filer must include the following information in the e-mail: (a) The title of the case; (b) The case number, if known; (c) The assigned judge, if known; (d) The title of the document being filed; (e) The date of transmission; (t) The Name, Ohio Supreme Court number, if applicable, address, telephone number, fax number and email address, if any, of the attorney or party filing the document.

CRITICAL

Applies to

Fiduciary bond

A fiduciary bond must be at least double the value of personal property plus annual real-property rentals and other annual income under the fiduciary’s control.

The amount of the Fiduciary bond must be at least double the value of the personal property, plus annual real property rentals, plus other annual income that will come into the possession or under the control of the Fiduciary.

CRITICAL

Applies to

Objection

An objection must include a supporting memorandum clearly and specifically stating every ground, and the Court may dismiss a broad objection lacking particularity.

The objection must be accompanied by a supporting memorandum, clearly and specifically stating all grounds for the objection. The Court may dismiss a broad objection that lacks the required particularity.

CRITICAL

Applies to

Final and distributive trustee account

The trustee must file a final and distributive account within 30 days of termination.

The trustee must file a final and distributive trustee’s account within 30 days of termination in accordance with Rule 64.5.

CRITICAL

Applies to

Motion for leave to file instanter

A motion for leave to file Instanter must attach the proposed filing as an exhibit; if the motion is granted, the exhibit must remain attached and must not itself be filed.

All motions for leave to file Instanter shall have a copy of the proposed filing attached to the motion for leave to file Instanter as an exhibit. If the motion for leave to file Instanter is granted by the Court, the attached exhibit shall not be removed from the motion for leave to file Instanter and shall not be filed.

CRITICAL

Applies to

Extraordinary fee request

An extraordinary-fee request must specifically state the time spent, services rendered, need for the services, itemized expenses, and expense substantiation.

Such request must state with particularity the time spent, services rendered, the need for the extraordinary services, itemized expenses, and substantiation for such expenses.

CRITICAL

Applies to

Mediation case summary form

Mediation case summary forms must be submitted directly to the mediation department by mail, email, facsimile, or in person.

All fonns shat 1 be submitted directly to the mediation department by mail, e-mail, facsimile at 330.296.1725, or 111 person.

CRITICAL

Applies to

Motion

Every motion must be supported by a memorandum citing authority; an affidavit may also be submitted in support.

All motions shall be supported by a memorandum containing citations of authority and may also be supported by an affidavit.

CRITICAL

Applies to

Bail forfeiture hearing request

An oral hearing will be held only if requested in writing and granted by the trial judge.

No oral hearing shall be held unless requested in writing and granted by the trial judge.

CRITICAL

Applies to

Document

When multiple Fiduciaries serve simultaneously, every filed document requiring a Fiduciary’s signature must be signed by all Co-Fiduciaries.

In cases in which more than one Fiduciary is serving simultaneously, all documents filed in Court that require the Fiduciary’s signature must be signed by all Co-Fiduciaries.

CRITICAL

Applies to

Stipulation

Except for stipulations arising necessarily during trial, stipulations must be written, approved by the parties and counsel, and filed with the clerk.

All stipulations, except those necessarily arising in the course of the trial, must be in writing, approved by the parties and counsel, and filed with the Cbk.

CRITICAL

Applies to

Memorandum

Where appropriate, memoranda supporting, opposing, or replying to a pending motion must provide page and document references to evidence for every factual assertion.

Where appropriate, all memoranda (in support of, contra, and in reply) filed regarding a pending motion must include page and document references to evidentiary material for all factual assertions.

CRITICAL

Applies to

Request for service by publication

A publication request must include an affidavit executed by the party or counsel stating why summons cannot be served, the efforts to locate the person, the diligence used, and the person’s last known address.

(B) A request for service by publication must be accompanied by an affidavit executed by the party or the party’s attorney. The affidavit shall aver that service of summons cannot be made because the residence of the person is unknown to the affiant, all of the efforts made on behalf of the party to ascertain the residence of that person, and that the residence of that person cannot be ascertained with reasonable due diligence. The affidavit must also state the last known address of the person to be served.

CRITICAL

Applies to

Account

The account for the period in which a cost reimbursement is paid must reflect that reimbursement.

Cost reimbursements must be reflected on the account for the period in which the reimbursement is paid.

CRITICAL

Applies to

Witness disclosure

By the disclosure date in the case schedule, each party must disclose the names of all persons with relevant factual or expert knowledge whom it may call at trial.

Each party must, not later than the date for disclosure designated in the case schedule, disclose the names of all persons with relevant factual or expert knowledge whom the party reserves the option to call as witnesses at trial.

CRITICAL

Applies to

Written request for conflict resolution

When a conflict exists between the child’s best interest and wishes, the GAL must request in writing, at the earliest practical time, that the Court promptly resolve it by appropriate orders.

(A) When a GAL determines that a conflict exists between the child’s best interest and the child’s wishes, the GAL shall, at the earliest practical time, request in writing that the Court promptly resolve the conflict by entering appropriate orders.

CRITICAL

Applies to

Training compliance statement

A GAL must provide the Court or its designee a compliance statement detailing the date, location, contents, and credit hours of relevant training courses.

(B) A GAL shall be responsible for providing the Court, or its designee, with a statement indicating compliance with all initial and continuing educational and training requirements, so the Court may maintain a record of such compliance, as required by these Rules. The compliance statement shall include information detailing the date, location, contents, and credit hours received for any relevant training courses.

CRITICAL

Applies to

Asset disclosure

A Defendant found guilty of a criminal offense must disclose assets of every kind on a court-provided form to assist collection of assessed fines and costs.

Any Defendant found guilty of a criminal offense in this court shall, on a form provided by this court, disclose assets of every kind for the purpose of assisting the trial judge, the Adult Probation Department, and the Sheriff, in the collection of the fines and com1 costs assessed in that case.

CRITICAL

Applies to

Amended corporate guardian fee schedule

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

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

CRITICAL

Applies to

Agreement to mediate

Parties and non-parties seeking confidentiality for mediation communications must execute a written Agreement to Mediate before the session.

parties and non-parties desiring confidentiality of mediation communications must execute a written “Agreement to Mediate” before the mediation session.

CRITICAL

Applies to

Account

Each account must contain all information required by the Ohio Supreme Court prescribed forms.

Each account must be on the Ohio Supreme Court prescribed forms and must contain all information those forms require.

CRITICAL

Applies to

Original documents sought to be filed instanter

The original documents sought to be filed Instanter must be given to the Clerk to hold until the Court rules; if leave is granted, the Clerk must file them.

The original documents that were sought to be filed in the motion for leave to file Instanter, shall be given to the Clerk of Courts to hold until after the Court's ruling upon the motion for leave to file Instanter. If the Court grants a motion for leave to file Instanter, then the Clerk of Courts shall file the held original documents.

CRITICAL

Applies to

Written interim report

A written interim report must be filed with the Court and distributed under Sup.R. 48.

(G) Any written interim report shall be filed with the Court and distributed pursuant to Sup.R. 48.

CRITICAL

Applies to

Guardian ad litem report

Explain the reasoning that supports the recommendations.

Develop your reasoning to support your recommendations.

CRITICAL

Applies to

Guardian appointment application

Guardian applicants must submit a qualifying criminal background check with the application, subject to stated exceptions, and the check must be no more than 90 days old.

All applicants for appointment as a guardian must submit with the application the results of a criminal background check through the Ohio Bureau of Criminal Identification and Investigation (“BCI”) or the Federal Bureau of Investigation (“FBI”). The applicant must pay the cost of the criminal background check. The requirements in this Rule do not apply if the applicant is the natural or adoptive parent of a minor ward, a state agency or 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. All background checks must be dated not more than 90 days before the date of the application for appointment as guardian.

CRITICAL

Applies to

Executor or administrator fee application

In an insolvent estate, the executor or administrator fee application must be filed with the insolvency filings.

If the estate is insolvent, the executor or administrator fee application must be filed with the insolvency filings.

CRITICAL

Applies to

Corporate trustee fee schedule

A corporate trustee must file its fee schedule with the Court before charging fees according to that schedule.

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

CRITICAL

Applies to

One time process server application

An applicant for a one-time process-server appointment must file a motion, affidavit, and order for the assigned judge’s signature.

An individual or an agent of a legal organization may apply to be designated as a process server in a particular case. The applicant must file a motion, affidavit, and order for signature by the judge assigned to the case.

CRITICAL

Applies to

Account

“Zero” accounts are not permitted.

“Zero” accounts are not permitted.

CRITICAL

Applies to

Default judgment motion

When appropriate and not previously submitted, a default-judgment motion must include proof of assignment and the last billing statement, or an affidavit explaining why those documents are unavailable.

The written motion must include where appropriate, if not previously submitted to the comt, the following documents: proof of assignment from the original creditor or original pmty in interest to the plaintiff and the last billing statement from the original creditor sent to the defendant(s), or an affidavit explaining why the required documents are not available.

CRITICAL

Applies to

Prescribed form

Information applicable to a filing on a prescribed form must be complete and accurate; the Court will not correct inaccurate or missing information in a proposed filing.

All information that is applicable to a particular filing using a prescribed form must be complete and accurate. The Court will not modify any proposed filing to correct inaccurate information or to add missing information that is required.

CRITICAL

Applies to

Judgment entry

An unsigned judgment entry must be accompanied by a copy of the transmittal letter showing when it was sent to the opposing side.

A copy of the transmittal letter indicating the date sent to opposing counsel or party shall accompany all judgment entries not signed by the parties or legal counsel.

CRITICAL

Applies to

Initial contempt pleading

Must include

proposed order

A party seeking to compel the Respondent’s appearance must submit a proposed order with the initial pleading, including the specified rights and warnings.

(E) The party seeking to compel the Respondent’s appearance at a Hearing to Show Cause must provide the Court with a proposed order at the time of the initial pleading and the proposed order shall include the following information: 1. The Respondent has the right to be represented by an attorney; 2. Because the Court may impose a sentence of indefinite confinement for civil contempt and/or definite confinement for criminal contempt and/or a monetary sanction for either, the Respondent has the right to court appointed counsel if indigent; 3. The Respondent has a right to public trial before a judicial officer on the alleged contempt;

CRITICAL

Applies to

Account

Accounts must add the specified assets, income, and financial gains to the beginning balance and subtotal receipts by class to calculate total receipts.

The account must add to the beginning balance all assets acquired or discovered, all income received and other forms of financial gain since the beginning of the administration on first accounts or since the last accounting on subsequent accounts. All receipts must be subtotaled by class, with all subtotals added to determine the total receipts during the accounting period.

CRITICAL

Applies to

Partial account

Each partial account must state its ordinal number on its first page.

Each partial account must identify on the first page of the account the number of that account by ordinal number (second, third, etc.).

CRITICAL

Applies to

Request for clerk service

A request for Clerk service must include the Instruction to Clerk for Service form identifying the service type and a time-stamped copy of the document.

(A) A request for service by the Clerk of Court must be accompanied by an Instruction to Clerk for Service form identifying the type of service and a time-stamped copy of the document to be served.

CRITICAL

Applies to

Settlement notice

When the parties settle before trial, plaintiffs’ counsel must file written notice of settlement with the Court.

As soon as the parties have reached a settlement agreement prior to the trial date, Plaintiffs counsel must immediately notify the trial judge by telephone and file written notice of the settlement with the Cou11.

CRITICAL

Applies to

Jury instructions

If applicable, the specific section(s) of Ohio Jury Instructions upon which the party requests the court to instruct, the complete text of the section(s) together with appropriate legal authority to support the instruction; (2) The complete text of any special jury instruction, together with appropriate legal authority to support the instruction.

If applicable, the specific section(s) of Ohio Jury Instructions upon which the party requests the court to instruct, the complete text of the section(s) together with appropriate legal authority to support the instruction; (2) The complete text of any special jury instruction, together with appropriate legal authority to support the instruction.

CRITICAL

Applies to

Minor trust application

An application to establish a minor trust must include a Minor Trust Agreement.

An application to establish a minor trust must be accompanied by a Minor Trust Agreement.

CRITICAL

Applies to

Application

If the Fiduciary does not qualify for a bond exemption, a bond commitment must accompany the application.

In cases in which the Fiduciary does not qualify for exemption from bond requirements, a bond commitment must accompany the application. See Rule 75.2(C).

CRITICAL

Applies to

Guardian ad litem report

For each parent, explain all case-plan objectives and the parent’s compliance with them.

1. Explain all case plan objectives and any compliance.

CRITICAL

Applies to

Guardian report

For guardianships based on mental illness, each report must include an expert evaluation dated no more than three months before filing; the exception for not submitting later evaluations does not apply.

This exception does not apply to wards deemed incompetent as a result of mental illness. A statement of expert evaluation, dated not more than three months before the date of filing the guardian’s report, must accompany each guardian’s report for wards whose mental illness was the basis for the guardianship.

CRITICAL

Applies to

Guardian ad litem report

The second paragraph for each child must discuss placement history, current placement, and adjustment to placements.

2nd paragraph: discuss the child’s placement from the beginning of the case to the current placement and the child’s adjustment to the placements throughout the case.

CRITICAL

Applies to

Probate proceeding contact information

At the commencement of a probate proceeding, applicants and other parties must file complete contact information for themselves and their attorneys.

All applicants and other parties must at the commencement of any probate proceeding file with the Court the complete contact information for the applicant, party and their respective attorney, including mailing address, daytime telephone number, fax number (if any) and email address.

CRITICAL

Applies to

Motion

Must include

proposed order

For other transcript requests, the person must file a motion stating the request’s purpose and include a proposed order.

When a request for transcript is filed for any reason other than to file an Objection to a Magistrate’s Decision, Motion to Set Aside a Magistrate’s Order, or an appeal, the person shall file a motion stating the purpose for which the transcript is requested, with a proposed order for the Court.

CRITICAL

Applies to

Extension motion

An extension motion must be supported by an affidavit demonstrating good cause, and the moving party must submit a proposed judgment entry separately.

Except as otherwise provided by these Local Rules, where a party needs additional time, beyond that provided in Loc.R. 9.1, or where the parties cannot agree upon an extension of time, the party desiring the extension must file a written motion, supported by an affidavit that demonstrates good cause for another extension. The motion and affidavit must be filed on or before the expiration of the time to move or plead. The motion and affidavit must be served upon opposing counsel. The motion and affidavit will be required even though consent of opposing counsel is obtained if the extension is for a period of time beyond that permitted by Loc.R. 9 .1. The moving party must submit separately a proposed judgment entry.