Portage County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Schedule of claims

A schedule of claims must be complete, accurate, well-organized, and sufficiently detailed, list claims in the statutory priority order, and subtotal claims within each class.

Any schedule of claims must be complete, accurate, well-organized and sufficiently detailed in a manner that will avoid any speculation regarding the claim or its proposed priority classification. Claims must be listed in the order of priority stated in R.C. §2117.25(A)(1-10), with all claims of the same class subtotaled before proceeding to the next class.

CRITICAL

Applies to

Fax filing

If an exhibit cannot be accurately faxed, the filer must substitute an insert page describing the exhibit and why it is missing.

(A) Each exhibit to a fax-filed document that cannot be accurately transmitted via fax transmission for any reason must be replaced by an insert page describing the exhibit(s) and why it is missing.

CRITICAL

Applies to

Continuance motion

A continuance motion based on a trial-assignment conflict must have a copy of the conflicting assignment attached.

The Court will not consider any motion for continuance due to conflict of a trial assignment date unless a copy of the conflicting assignment is attached to the motion and the motion is filed not less than 30 days prior to trial.

CRITICAL

Applies to

Pro hac vice motion

An out-of-state attorney may be permitted to appear at the trial judge’s discretion only after satisfying the stated registration, certification, sponsorship, entry, and co-counsel requirements.

An attorney not licensed to practice law in the State of Ohio, but who is licensed to practice law in any other state or in the District of Columbia, may, at the discretion of the trial judge, be permitted to represent a party or parties in any pending action or in any action to be filed in Portage County, provided that the out-of-state attorney has done all of the following: (A) Provided proof that the out-of-state attorney has registered with the Ohio Supreme Court Office of Attorney Services in accordance with Gov.Bar R. XII; (B) Certified in writing that he or she has familiarized himself or herself with these local rules and will familiarize himself or herself with the appropriate Ohio Rules of Criminal or Civil Procedure, the Ohio Rules of Evidence, and the Ohio Rules of Professional Conduct; (C) Found an attorney licensed to practice law in Ohio to act as his or her sponsor. The sponsoring attorney must provide written notice of his or her sponsorship to the Court and ce11ify the out-of-state attorney's compliance with this rule and the Rules for the Government of the Bar; (D) The sponsoring attorney submits with the motion and certification an entry authorizing the approval of the motion; (E) The sponsoring attorney, or any other attorney licensed to practice law in the state of Ohio, must be co-counsel with the attorney admitted pro hac vice.

CRITICAL

Applies to

Will for record only

A will for record only may not be filed together with a certificate-of-transfer-only action under R.C. §2113.61(D).

It is not permissible to file a will for record only in conjunction with filing a certificate of transfer only action under R.C. §2113.61(D).

CRITICAL

Applies to

Attorney withdrawal application

The withdrawal application process requires the attorney to certify to the Court that notice was provided to the client and other specified participants.

Before ruling on the application, the withdrawing attorney must certify to the Court that he or she has provided notice of the proposed withdrawal to the client, to all other attorneys, unrepresented parties and all other persons with an interest in the proceeding.

CRITICAL

Applies to

Guardian compensation application

An hourly guardian compensation application must be supported by the itemized statement described in Rule 73.1(D).

Additionally, if the application requests compensation on an hourly basis, the application must be supported by the itemized statement described in Rule 73.1(D).

CRITICAL

Applies to

Standing special process server affidavit and order

The affidavit and order for a standing special process server must include the appointee’s contact information and affirmations concerning age, party and family relationships, criminal record, and compliance with court rules.

The affidavit and order must list the name, address, email address, and telephone number of the person to be appointed as a standing special process server, as well as an affirmation that the person: ( 1) is 18 years of age or older; (2) is not a party to any action for which the person will serve process; (3) has no familial relationship to any party in an action for which the special process server will serve process; ( 4) has no felony criminal record; (5) will carry out his or her duties in accordance with all applicable court rules.

CRITICAL

Applies to

Motion

If the settlement changes before closing, the plaintiff must supplement the motion with the revised settlement statement.

If any changes to the settlement occur before closing, plaintiff must supplement the motion with a copy of the revised settlement statement.

CRITICAL

Applies to

Itemized time records

Appointed counsel must maintain itemized time records showing service dates, services rendered, and hours worked, and provide them to the court upon request.

Counsel must maintain itemized time records for each appointed case showing the dates of service, nature of services rendered, and hours worked. Counsel's itemized time records must be provided to the court upon request.

CRITICAL

Applies to

Transfer form

The appropriate Portage County Form 9.0c must be used for transfers of automobiles, watercraft, mobile homes, motors, trailers, and recreational vehicles.

The appropriate Portage County Form 9.0c must be used for all automobile watercraft, mobile homes, motors, trailers and recreational vehicles transfers.

CRITICAL

Applies to

Notice to extend administration

A qualifying fiduciary must file a Notice to Extend Administration by the end of the initial six-month period; timely filing automatically extends administration without court approval.

If the estate qualifies for extended administration beyond six months under one or more of the circumstances described in R.C. §2109.301(B)(1)(a) – (e), the Fiduciary must file a Notice to Extend Administration. The notice must be filed no later than the date the initial six month administration period expires. No Court approval is necessary. The notice will automatically extend the administration if it is timely filed.

CRITICAL

Applies to

Payment request

Requests in abuse, neglect, and dependency cases must be filed in accordance with subsection (F).

Abuse, neglect, and dependency case requests shall be filed in accordance with subsection (F) of this Rule.

CRITICAL

Applies to

Application

A person applying for standing special-process-server designation must file an application supported by an affidavit stating the listed identifying, eligibility, and compliance information.

(B) Continuing Appointment: A person may apply to be designated as a “Standing Special Process Server” for cases filed in this Court by filing an application supported by affidavit setting forth the following information: 1. The name of the person to be appointed as a Special Process Server; 2. That the person being appointed as Special Process Server is eighteen (18) years of age or older; 3. That the person to be appointed as Special Process Server is not a party or counsel for a party in the action; 4. That the person agrees to follow the requirements of Civ.R. 4 through 4.6, and any applicable local rules, and specific instructions for service of process as ordered by the Court;

CRITICAL

Applies to

Default judgment motion

A party moving for default judgment must submit an affidavit certifying that the opposing party is not incompetent, a minor, or on active military duty.

In seeking a default judgment against a party, the moving party must certify by affidavit that the party against whom judgment is sought is not incompetent, a minor, or currently serving on active duty in the military.

CRITICAL

Applies to

Account

Every account disbursement must have supporting evidence of payment; a sufficiently detailed financial institution statement may serve as that evidence.

All disbursements in all accounts must be supported by corresponding receipts, vouchers, cancelled checks, written acknowledgments or other appropriate evidence of payment. A bank or other financial institution statement that shows the date, amount, payee and purpose of a payment may be used as appropriate evidence of payment.

CRITICAL

Applies to

Juvenile traffic waiver notice

Qualifying juvenile traffic violations must receive a notice explaining waiver options and procedure, required fines and costs, and the hearing date and time if the juvenile does not waive appearance.

All juvenile traffic violations that meet the criteria for waiver and written plea of admission shall receive a notice which explains the Juvenile’s options to waive appearance; describes how to properly execute the waiver of appearance and enter a written plea of admission; outlines the fines and costs required to waive; and states the date and time to appear for hearing if the Juvenile elects not to waive.

CRITICAL

Applies to

Emergency guardianship application

An emergency guardianship applicant must prepare and file all required documents, with supporting evidence and documentation accompanying the application.

A person desiring to be appointed emergency guardian must prepare and file all documents for emergency guardianship proceedings. All of the supporting evidence and other supporting documentation proving the need for the appointment must accompany the application.

CRITICAL

Applies to

Inventory

In a full administration case involving appraised real estate, the appraiser must sign the certificate on the inventory or on an equivalent page filed with it.

In full administration cases, if the real estate was appraised, the appraiser must sign the appraiser’s certificate on the inventory, or on a separate page containing the same language as on the inventory and filed with the inventory.

CRITICAL

Applies to

Judgment entry

If the defendant is accepted into the Drug Court Docket, a Judgment Entry Granting Transfer of the Case will be filed.

If the defendant is accepted into the Drug Com1 Docket, then a Judgment Entry Granting Transfer of the Case will be filed.

CRITICAL

Applies to

Trustee appointment application

An applicant for appointment as minor trustee who is not the minor’s natural or adoptive parent must submit BCI and FBI criminal background check results with the application.

Any applicant for appointment as trustee of a minor trust who is not is the natural or adoptive parent of a minor who is the subject of the trust, must submit with the application the results of a criminal background check through the Ohio Bureau of Criminal Identification and Investigation (“BCI”) and the Federal Bureau of Investigation (“FBI”).

CRITICAL

Applies to

Application for authority to expend funds

A guardian must obtain Court authorization before spending any of the ward’s funds.

No guardian of a ward’s estate may expend any of the ward’s funds without prior Court authorization.

CRITICAL

Applies to

Application for business interest appraiser appointment

The Fiduciary must apply in advance for appointment of a business-interest appraiser and disclose the appraiser’s name and qualifications.

The Fiduciary must apply to the Court for appointment of the appraiser in advance, disclosing the appraiser’s name and qualifications.

CRITICAL

Applies to

Application

An application in a post-move situation must explain why the emergency prevented advance filing.

application in a post-move situation must explain the emergency that precluded filing the application in advance.

CRITICAL

Applies to

Application to employ professional

Applications to employ professionals must provide their usual and proposed compensation, specified prior fee information, and details of any preparatory-work retainer or compensation.

Applications to employ professionals must also set forth: (1) the professional' s usual and customary hourly rate or fee; (2) the proposed fee, hourly rate, or other alternative method or formula for detennining compensation in the receivership; (3) whether any fees were paid to the professional during the one-year period preceding the filing of the application from, or involving, (a) the debtor in receivership, (b) a person or party closely related to the debtor, or (c) a person or party known to be adverse to the debtor and to have a material claim in the receivership, and; (4) the amount, date paid, and source of any retainer or other compensation already received by the professional for preparatory work relative to the receivership.

CRITICAL

Applies to

Guardian hourly compensation statement

For an application exceeding the allowable compensation amount, the itemized statement must cover all services for the period, not only the excess services.

The itemized statement must cover all the guardian’s services for that period, not just those exceeding the allowable amount.

CRITICAL

Applies to

Structured settlement liquidation application

An application for early access to structured-settlement funds must show a compelling reason.

The application must show a compelling reason for early access to structured settlement funds.

CRITICAL

Applies to

Motion to set aside magistrates order

A motion to set aside a Magistrate’s Order must include a supporting memorandum detailing the party’s position and citing supporting law.

(B) The Motion shall be accompanied by a supporting memorandum stating the party’s position with particularity, including citations of law relied on in support of their position.

CRITICAL

Applies to

Emergency guardianship application

The application must include a statement of expert evaluation dated within 10 days before the application and at least one affidavit establishing the imminent risk of serious injury and need for immediate court action.

At a minimum, the applicant must file with the application a statement of expert evaluation, dated within 10 days before the date of the application, in addition to one or more affidavits of persons having direct knowledge of the circumstances showing that the proposed ward faces an imminent risk of serious injury to his or her person or estate, and why immediate Court action is required to prevent that injury.

CRITICAL

Applies to

Written complaint

A complaint must identify the Mediator, give full details of the concerns, and describe efforts to resolve them.

(D) The complaint shall identify the Mediator 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

Mail filing

A mailed filing must include a cover letter with the sender's complete contact information, the case name and number, and clear instructions about the requested action.

The filing must be accompanied by a cover letter identifying the sender’s complete contact information, the case by name and case number, and must provide clear instructions of the action the filer desires.

CRITICAL

Applies to

Legal services billing statement

Billing statements for legal services must exclude charges for non-legal guardian services.

Billing statements for legal services must not contain any charges for activities that are non-legal (guardian) services.

CRITICAL

Applies to

Jury summons

The summons mailed to each selected prospective juror must include the specified questionnaires, information sheets, report dates, maps, and return envelope.

In an adequate period of time before the date of jury service, allowing for mail and return mail time, the Jury Office will mail a Summons to Serve as a Juror with a return service including Juror Questionnaires, Juror Information Sheets, Report Dates, Maps, and a stamped self-addressed return envelope to each prospective juror selected for service in the General Division of the Court of Common Pleas of Portage County, Ohio.

CRITICAL

Applies to

Parenting time agreement

A parenting-time agreement must specify the times and days for parenting time.

Any agreement regarding parenting time must contain specific times and days for parenting time

CRITICAL

Applies to

Compensation disclosure

A court-appointed professional may not accept compensation unless it has been fully and timely disclosed to the Court for prior approval.

No fee, commission, expense reimbursement, or other direct or indirect compensation of any nature may be accepted by any court-appointed professional that is not fully and timely disclosed to the court for prior approval.

CRITICAL

Applies to

Application

A seventeen-year-old applicant must file the application with the Court in the county where the applicant resides.

An application shall be filed with the Court in the county in which the seventeen (17) year old applicant resides. (See Appendix E).

CRITICAL

Applies to

Application for authority to expend funds

A trustee may not expend trust funds without prior Court authorization unless the trust instrument explicitly authorizes the expenditure.

No trustee may expend any funds without prior Court authorization unless the trust instrument grants the trustee explicit authority to do so.

CRITICAL

Applies to

Report of distribution

For a wrongful-death-only estate settlement with no proceeds allocated to survival claims, the fiduciary must file the report of distribution required by the settlement entry.

When an estate for wrongful death purposes only is settled, and no portion of the settlement is allocated to survival claims, the Fiduciary must file a report of distribution as required in the entry approving the settlement.

CRITICAL

Applies to

Adult guardianship appointment application

If the proposed ward’s adult children are not otherwise entitled to statutory notice, the applicant must give the Court the names and addresses of those known to reside in Ohio.

If not otherwise entitled to notice by statute, the applicant must provide the Court with the names and addresses of all of the proposed ward’s adult children who are known to reside in Ohio.

CRITICAL

Applies to

Attorney and guardian fee applications

An attorney serving as guardian must file separate applications for payment of the attorney fee and guardian fee.

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

CRITICAL

Applies to

Attorney withdrawal application

An attorney’s voluntary withdrawal requires prior Court approval, and the application must demonstrate reasonable cause.

An attorney may not voluntarily withdraw as legal counsel for a Fiduciary or any other party to a probate proceeding without prior Court approval. The application to withdraw must demonstrate reasonable cause for the withdrawal.

CRITICAL

Applies to

Trustee compensation statement

The trustee’s itemized statement must list each service’s date, description, time, hourly rate, and total charge.

All the trustee’s services must be itemized in a statement showing the dates services were performed, a description of the services, the time expended, the hourly rate charged and the total charge for each separate entry.

CRITICAL

Applies to

Application for appointment as guardian of a minor

The applicant must file a true and accurate copy of the minor’s birth certificate at the same time as the guardianship application.

Upon filing an application for appointment as guardian of a minor, the applicant must simultaneously file a true and accurate copy of the minor’s birth certificate.

CRITICAL

Applies to

Report of distribution

When a wrongful-death-only or survival-only estate settlement allocates any proceeds to survival claims, the fiduciary must file the report of distribution required by the entry and a final and distributive account within 60 Calendar Days after the entry is filed.

When an estate for wrongful death or survival purposes only is settled, and all or a portion of the settlement proceeds are allocated to survival claims in the entry approving settlement, the Fiduciary must file a report of distribution as required in the entry and must file a final and distributive account within 60 Calendar Days after the date of filing the entry approving settlement.

CRITICAL

Applies to

Trust attorney fee application

An application for authority to pay trust attorney fees must include an itemized billing statement complying with Rule 71.1(D) and a proposed entry.

An application for authority to pay attorney fees in a trust matter must be submitted. An itemized billing statement, in compliance with Rule 71.1(D), and a proposed entry must accompany the application.

CRITICAL

Applies to

Bond conversion application

A guardian seeking conversion must submit an application to convert the guardian’s bond to a trustee’s bond, accompanied by an entry.

A guardian filing an application to convert a minor guardianship to a minor trust must submit an application to convert the present guardian’s bond to a trustee’s bond. An entry must accompany the application.

CRITICAL

Applies to

Cqe petition

A petitioner seeking a CQE must file the Petition for Certificate of Qualification for Employment with the Clerk of Courts.

In order to request a CQE, the Petition for Certificate of Qualification for Employment (RC 2953.25) must be filed with the Clerk of Courts by the Petitioner.

CRITICAL

Applies to

Discovery motion

Discovery motions must include a statement of efforts to resolve the matter and, if a hearing is desired, a hearing request in the caption.

Motions for protective orders or to compel discovery must be accompanied by a statement reciting efforts made to resolve the matter and must contain a request for a hearing in the caption, if a hearing is desired.

CRITICAL

Applies to

Probate form

Use the applicable Portage County Probate Court form when one is prescribed; the Court will not accept substitute forms, even if they contain the same information.

In all instances in which our Court has prescribed forms to implement these Rules for use in probate proceedings, the applicable Portage County Probate Court forms must be used. Our Court will not accept any other forms in place of our prescribed forms, even if the other forms purport to contain the same information.

CRITICAL

Applies to

Name conformity application

A name-conformity application must include photocopies of all official identity documents relating to the applicant or minor, including the listed documents when applicable and all documents for which conformity is sought.

An applicant seeking to conform a legal name must provide photocopies of all official identity documents relating to the applicant or minor with the application, including: • Birth Certificate • Social Security Card • Driver’s License or State issued ID Card (if any) • Marriage Record (if any) • Divorce Decree (if any) • Passport (if any) • All other documents for which name conformity is sought