Portage County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Appointed counsel application

An adult seeking appointed counsel in an abuse, neglect, dependency, or contempt matter must submit a financial-status and background affidavit on the Court’s form.

Any adult party in an abuse, neglect, and dependency case or a contempt matter that desires court appointed counsel, shall execute an affidavit regarding his or her financial status and general background on a form supplied by the Court.

CRITICAL

Applies to

Inventory and appraisal

A special administrator must file an inventory and appraisal within three months after appointment.

The special administrator must file an inventory and appraisal with the Court no later than three months after the date of appointment as special administrator.

CRITICAL

Applies to

Fee agreement

Fee agreements in wrongful-death, survival, and minor’s personal-injury cases must be written and explain the services, fee method, and payment due date.

All fee agreements between a Fiduciary and an attorney in wrongful death, survival or minor’s personal injury cases must be in writing. The fee agreement must clearly explain the scope of the attorney’s services, the method of determining the fee and when payment of the fee is due.

CRITICAL

Applies to

Application for appraiser appointment

Must include

proposed order

An application for appointment of an appraiser must include a proposed appointment entry.

A proposed entry appointing the appraiser must accompany the application.

CRITICAL

Applies to

Photocopy of recorded order

The Fiduciary must file a photocopy of the recorded order within 30 calendar days after the order date.

The Fiduciary must also file a photocopy of the recorded order with the Court within 30 Calendar Days after the date of the order.

CRITICAL

Applies to

Certificate of transfer only application

A certificate of transfer only action is not permissible unless the will has been admitted to probate in another jurisdiction or in this Court.

If a decedent died with a will, a certificate of transfer only action under R.C. §2113.61(D) is not permissible unless the will has been admitted to probate in another jurisdiction or the will is filed and admitted to probate in this Court.

CRITICAL

Applies to

Guardian ad litem report

The third paragraph for each child must cover services received since the case began, current services, and any services the GAL recommends.

3rd paragraph: discuss what services the child has been receiving from the beginning of the case to the current services the child is receiving and/or what services the GAL recommends.

CRITICAL

Applies to

Proof of compliance

Assigned counsel for dependent, neglect, or abuse cases must provide the Court Administrator proof of compliance by January 31 each year.

All attorneys placed on the assigned counsel list for dependent, neglect, and/or abuse cases as counsel shall provide the Court Administrator with proof of compliance of this Rule by January 31st of each year.

CRITICAL

Applies to

Inventory

For an asset in which the decedent owned less than the entire interest, the inventory’s asset description must state the decedent’s fractional interest and its actual value.

On the schedule of assets, if the decedent owned less than the entire interest in a particular asset, the asset description must reveal the fractional interest the decedent owned and the actual value of that fractional interest.

CRITICAL

Applies to

Guardian compensation application

A guardian requesting compensation above the amount allowed under Rule 73.1(A), (B), or (C) must apply on an hourly basis.

If a guardian requests a fee that exceeds the amount allowed in Rule 73.1(A), (B) or (C), the application must be on an hourly basis.

CRITICAL

Applies to

Application

The applicant must sign and file a fiduciary acceptance with the application.

The applicant must sign and file with the application a fiduciary acceptance.

CRITICAL

Counsel may withdraw from a pending matter only by applying to the Court and demonstrating good cause.

(A) In any matter pending before the Court, counsel may be permitted to withdraw only upon application to the Court, demonstrating good cause shown.

CRITICAL

Applies to

Account

If real estate was sold during the accounting period, the account must include a settlement statement detailing all financial aspects of the sale.

If real estate has been sold during the accounting period, a copy of the settlement statement detailing all financial aspects of the transaction must accompany the account.

CRITICAL

Applies to

Pleading

In contested probate matters, any party seeking recovery of attorney fees from an opposing party must show by clear and convincing evidence that a specific statute, case law or applicable rule permits or requires the recovery, or that a compelling equitable justification exists for awarding recovery of attorney fees. The Court may dismiss a claim for recovery of attorney fees without a hearing if the party seeking the recovery fails to cite in its pleadings adequate legal support for the claim.

In contested probate matters, any party seeking recovery of attorney fees from an opposing party must show by clear and convincing evidence that a specific statute, case law or applicable rule permits or requires the recovery, or that a compelling equitable justification exists for awarding recovery of attorney fees. The Court may dismiss a claim for recovery of attorney fees without a hearing if the party seeking the recovery fails to cite in its pleadings adequate legal support for the claim.

CRITICAL

Applies to

Application to employ professional

A receiver or other party must apply to the Court to retain a covered professional, who must be disinterested unless the relationship is disclosed and approved in advance.

A receiver ( or other party) requesting approval to retain an attorney or other professional (including appraisers, auctioneers, brokers, or real estate agents) whose compensation will be claimed against the estate or from proceeds of sale of estate property must apply to the Court. All such professionals must be disinterested persons with no business relationship with the receiver, unless otherwise expressly disclosed and approved in advance by the court.

CRITICAL

Applies to

Gal complaint

A GAL complaint must identify the GAL, describe the concern in full, and state efforts made to resolve it.

(D) The complaint shall identify the GAL with whom there is a concern and the full details of the issue(s) or concern(s), along with any efforts made to resolve the issue(s) or concern(s).

CRITICAL

Applies to

Application for authority to administer

Every applicable portion of the application must be completed, and the Court will not accept an incomplete application for filing.

All portions of the application that apply to the particular case must be complete. The Court will not accept for filing any application that is incomplete.

CRITICAL

Applies to

Confidential pleading

Job and Family Services must submit a confidential pleading notifying the Clerk of the child’s placement and containing the current caregiver’s or prospective adoptive parent’s contact information.

Upon the filing of a complaint in an abuse, neglect, or dependency case, and at any time thereafter, Portage County Job and Family Services shall provide notice to the Clerk of the child’s placement, pursuant to R.C. 2151.424, by submitting a confidential pleading that contains the name, address, and telephone number of the certified foster caregiver, kinship caregiver, or prospective adoptive parent with whom the child is currently placed.

CRITICAL

Applies to

Recording request form

The Court must receive the completed written request form and full payment before beginning to process the request.

The Court must receive the completed written request form and full payment before it begins the process.

CRITICAL

Applies to

Accounting

The next accounting must show the compensation paid to each appraiser as an expense of administration.

The Fiduciary will show the compensation paid to each appraiser on the next accounting as an expense of administration.

CRITICAL

Applies to

Application for appointment as assigned counsel

Attorneys who wish to be appointed to represent indigent defendants must complete an Application For Appointment As Assigned Counsel and must meet the following criteria: (1) Licensed to practice law in Ohio;

Attorneys who wish to be appointed to represent indigent defendants must complete an Application For Appointment As Assigned Counsel and must meet the following criteria: (1) Licensed to practice law in Ohio;

CRITICAL

Applies to

Motion

The motion to confirm a sale must include a proposed settlement statement showing gross proceeds, proposed sale charges, and net proceeds payable to the plaintiff.

A copy of the proposed settlement statement, showing the gross sale proceeds, all proposed charges relating to the sale and the net proceeds payable to the plaintiff, must be attached to the motion for confirmation of the sale.

CRITICAL

Applies to

Document requiring fiduciary signature

When there are Co-Fiduciaries, each must sign every court filing that requires a Fiduciary's signature.

In all cases in which there are Co-Fiduciaries, all the Co-Fiduciaries must sign each document filed in Court that requires the signature of a Fiduciary.

CRITICAL

Applies to

Ward will

The guardian must deposit the originals of the ward’s wills with the Court for safekeeping.

In addition to the list of the ward’s important legal papers that Sup. R. 66.08(L) requires the guardian to file with the Court, the guardian must deposit the originals of all wills of the ward with the Court for safekeeping, pursuant to the procedure in R.C. §2107.07.

CRITICAL

Applies to

Conflict notice

If the GAL’s recommendation conflicts with the child’s wishes, the GAL must immediately notify the Court in writing.

If the GAL’s recommendation as to the best interest of the child becomes inconsistent with the wishes of the child whose interest the GAL represents, the GAL shall notify the Court immediately about the conflict in writing so the Court can assess the conflict and appoint separate counsel for the child if appropriate.

CRITICAL

Applies to

Receiver acknowledgment

Upon appointment, each receiver must make a written acknowledgment in the record affirming the listed commitments.

(C) Upon accepting appointment, each receiver must affirmatively acknowledge in writing in the record that he or she will: (1) act in conformity with Ohio law and these local rules; (2) deposit all funds coming into the receiver's hands into a separate trust account for the estate, with full contemporaneous record-keeping for all funds; (3) avoid any conflict of interest; ( 4) not directly or indirectly pay or accept anything of value that has not been fully and timely disclosed and formally approved by the court; (5) not directly or indirectly purchase, acquire, or accept any interest m property managed, appraised, or sold through the receivership; and ( 6) otherwise act in the best interests of the estate.

CRITICAL

Applies to

Application

The applicant must prepare and submit a proposed appointment entry and proposed letters of authority.

The applicant must also prepare and submit a proposed entry appointing investigative administrator and proposed letters of authority.

CRITICAL

Applies to

Motion

Fees, compensation, and expense reimbursements require prior Court approval requested by motion with notice to appropriate parties; a proposed order should be submitted.

All fees, compensation, or expense reimbursements to the receiver, counsel, or professionals require prior approval from the court. Such requests must be by motion, with notice given to all appropriate parties. A proposed order approving the request should be submitted to the court.

CRITICAL

Applies to

Motion to withdraw

Must include

certificate of service

A motion to withdraw must state the reasons without disclosing confidential client information, include the client’s current address and phone number, and certify the specified notice requirements.

An attorney desiring to withdraw from representation of a client must file a motion to withdraw stating the reasons for the withdrawal (without divulging confidential client information). The motion must also include the last current address and phone number of the client and certification by the attorney that the following conditions have been met: (A) Notice has been given to the client advising the client of all orders and all upcoming assignment dates affecting the client; (B) Notice has been given to all counsel, or if unrepresented, notice has been given to the parties. (C) The client has been named as a recipient of the motion to withdraw in the certificate of service.

CRITICAL

Applies to

Trustee bond

A trustee appointed by the Court must post bond unless the Court orders otherwise.

Every trustee appointed by this Court is required to post bond unless the Court orders otherwise.

CRITICAL

Applies to

Application for certificate of transfer

If the will was admitted to probate elsewhere, certified copies of the will and proof of its admission must accompany the certificate-of-transfer application.

If the will is admitted in another jurisdiction, certified copies of the will and court documents proving its admission to probate in that jurisdiction must accompany the application for certificate of transfer filed in this Court.

CRITICAL

Applies to

Report of distribution

All applicants must file a distribution report or, if applicable, a verification within 30 days after entry approving the settlement or an approved extension, or they and their attorney may be cited under Local Rule 77.

All applicants must file a report of distribution, or a verification of receipt and deposit if applicable, with the Court no later than 30 days after the entry approving the minor settlement. Failure to file the report or verification in that time, or any approved extension, will subject the applicant and the attorney to citation under Local Rule 77.

CRITICAL

Applies to

Application to settle minor claim

The applicant must file a true and accurate copy of the minor’s birth certificate with the application to settle the claim.

Upon filing an application to settle a minor’s claim, the applicant must simultaneously file a true and accurate copy of the minor’s birth certificate.

CRITICAL

Applies to

Will release

A deposited will will be released only to a person entitled to it who provides satisfactory proof of identification.

The Court will only release a deposited will to a person entitled to it upon satisfactory proof of identification.

CRITICAL

Applies to

Probate form

When an Ohio Supreme Court form is prescribed for a probate proceeding, the applicable form must be used.

In all instances in which the Ohio Supreme Court has prescribed forms for use in probate proceedings, the applicable Supreme Court forms must be used.

CRITICAL

Applies to

Attorney fee application

For an insolvent estate, the attorney fee application must be filed with the insolvency filings.

If the estate is insolvent, the attorney fee application must be filed with the insolvency filings.

CRITICAL

Applies to

Final account

If the account is a final account, the account must include a signed receipt from the Fiduciary of the ward’s estate verifying receipt of the assets from the guardian.

If the account is a final account, the account must include a signed receipt from the Fiduciary of the ward’s estate verifying receipt of the assets from the guardian.

CRITICAL

Applies to

Adoption filings

All required adoption documentation, including the home study and necessary proofs of service, must be filed at least 10 Court Days before the scheduled hearing.

All documentation required by statutes, Rules of Superintendence or Local Rules for adoptions, including without limitation the home study and all necessary proofs of service, must be filed with the Court no later than 10 Court Days before the scheduled hearing date.

CRITICAL

Applies to

Attorney fee application

For a fee no more than 50% above the guideline, the application must include the Fiduciary’s consent and written consent from each affected heir or beneficiary.

If the proposed attorney fee exceeds the amount computed under the fee guideline by not more than 50%, the Fiduciary’s consent must accompany the application. Additionally, each heir or beneficiary whose distribution the fee affects must consent in writing to the payment of the proposed fee.

CRITICAL

Applies to

Status report

For a granted deferral, status reports must be filed at the frequency set by the Court’s entry, and failure to file may result in a citation.

Status reports will be required to be filed with the Court at a frequency determined by the Court’s entry regarding the requested deferral. Failure to file any status report may result in a Citation being issued under Local Rule 77.

CRITICAL

Applies to

Proposed order

A proposed order for continuing mediation must state an alternative date confirmed with all parties and the mediation department.

The proposed order must contain an alternative date for the mediation, which is confirmed with all parties and the mediation depmtment.

CRITICAL

Applies to

Proposed entry

Proposed entries using standard Supreme Court or local forms must be completed before the Court will rule on an application or motion.

Proposed entries on standard Supreme Court or local forms must be filled out completely before the Court will rule on any application or motion.

CRITICAL

Applies to

Written recommendation

After screening and considering the applicable criteria and circumstances, the Drug Court Docket Probation Officer will provide a written recommendation to the court.

Upon completion of the eligibility screening and consideration of all applicable criteria and circumstances, the Drug Court Docket Probation Officer will provide a written recommendation to the court.

CRITICAL

Applies to

Application for release or reduction

After judgment, release of a surety or release or remission of a penalty requires a filed, written, verified application detailing the reasons for release or reduction.

After judgment is entered against the Defendant and surety, no surety shall be released nor shall any penalty be released or remitted, except upon the filing of a written verified application, setting forth in detail the reasons why a release or reduction should be granted.

CRITICAL

Applies to

Trust inventory

The Court will not approve expenditures until the trustee files an inventory, unless delay would be detrimental to the beneficiary.

The Court will not approve any expenditures of funds until the trustee has filed an inventory, unless the trustee shows that delaying the authorization will be detrimental to the beneficiary.

CRITICAL

Applies to

Juvenile case notice

At the conclusion of a delinquency, unruly, or traffic case, the Juvenile must receive the sealing-and-expungement application notice and a copy of the dispositional order.

Upon the conclusion of a delinquency, unruly, or traffic case, the Juvenile shall be provided with a Notice to Apply to have Juvenile Court Records Sealed and Expunged (also available on this Court’s website), along with a copy of the dispositional order.

CRITICAL

Applies to

Restraint affidavit

Before issuing an order on restraints, the Judge or Magistrate must review the affidavit, make it part of the record, and review other parties’ affidavits or listen to their testimony.

Prior to the hearing, the Judge or Magistrate shall review the affidavit, make the affidavit part of the record, review any affidavit provided by any other party, and/or listen to testimony of any other party before issuing an order allowing or disallowing the use of restraints.

CRITICAL

Applies to

Trust inventory and accountings

Each trustee must file an inventory and accountings unless the Court orders otherwise.

Every trustee is required to file an inventory and file accountings, unless the Court orders otherwise.

CRITICAL

Applies to

Inventory

Inventory valuations must be supported by documentation demonstrating value and ownership.

Notwithstanding Rule 61, all valuations must be supported by documentation that demonstrates both value and proof of ownership.

CRITICAL

Applies to

Account

A guardian must present all supporting documentation to the Court when filing each account.

At the time of filing each account, a guardian is required to present to the Court all supporting documentation for the Court to verify the accuracy of the account.