Portage County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

First partial account

If properly extended administration continues and the fiduciary cannot file a final account or certificate of termination by 13 months after appointment, the fiduciary must file an actual first partial account or a waiver of that account.

In all cases in which the estate administration is properly extended under Rule 64.3(B), but the Fiduciary is not able to file a final distributive account or certificate of termination 13 months after the date of appointment, the Fiduciary must file an actual accounting for the first partial account or waiver of a first partial account.

CRITICAL

Applies to

Trustee compensation application

Must include

proposed order

A trustee compensation application must be submitted with the computation and a proposed entry.

Along with the computation, an application for authority to pay trustee’s compensation must be submitted with a proposed entry.

CRITICAL

Applies to

Affidavit of indigency

An affidavit of indigency filed in lieu of the cash deposit must be signed before a deputy Clerk and state the reasons for inability to prepay costs.

If the party initiating the action or proceeding is unable to pay the cost deposit, as set forth in Loc.R. 4.1, the party must file an affidavit, signed before a deputy Clerk of Court, reflecting the inability to post the required cost deposit. An affidavit of indigency filed in lieu of cash deposit must state the reasons for the inability to prepay costs and is subject to court review at any stage of the proceedings.

CRITICAL

Applies to

Guardian ad litem report

Make recommendations concerning custody, placement, pending motions, family time, and services for children, parents, and third-party care providers.

Make recommendations about custody, placement, any pending motions, family time, services for the child(ren), services for the parents, services for any third-party care providers.

CRITICAL

Applies to

Transcript

If the motion is based in whole or in part on a factual finding or the weight of the evidence, a transcript of the Magistrate’s proceeding must be filed with the Court.

(C) If a finding of fact or weight of the evidence argument is partly or entirely the basis for the Motion to Set Aside a Magistrate’s Order, a transcript of the proceeding before the Magistrate must be filed with the Court.

CRITICAL

Applies to

Expense documentation

All expenses claimed by court-appointed counsel must be documented with receipts.

All expenses must be documented with receipts.

CRITICAL

Applies to

Application to employ professional

The application must verify license status, completed conflict checks, and, for lawyers, the required professional liability insurance.

The application must affirmatively verify that: (1) all necessary licenses are in good standing and not under suspension; (2) appropriate conflict checks have been made by the professional; (3) as to lawyers, professional liability insurance in an amount equal to the minimum coverage required by the Rule 1.4 of Ohio Rules of Professional Conduct is in force; and

CRITICAL

Applies to

Certificate of appraiser

Make sure the appraiser signs the Certificate of Appraiser.

Make sure the appraiser signs the Certificate of Appraiser.

CRITICAL

Applies to

Direct services exception application

To seek the direct services exception, the guardian must file an application accompanied by proof of direct-service-provider certification.

In order to qualify for the direct services exception, the guardian must file an application for direct services exception, accompanied by proof of the guardian’s certification as a direct service provider.

CRITICAL

Applies to

Bond commitment

A bond commitment must be provided before the Court will accept a case for filing.

This Rule contains a new requirement – a bond commitment before the Court will even accept a case for filing.

CRITICAL

Applies to

Emergency guardianship application

The affidavits and any additional evidence filed must establish that no less intrusive means can prevent injury without immediate court intervention.

The affidavits and additional evidence the applicant files must also establish that no less intrusive means exist to prevent injury to the proposed ward’s person or estate without immediate Court intervention.

CRITICAL

Applies to

Notice of appearance

A substituted attorney must file a notice of appearance with the Court.

The attorney’s client may promptly engage the services of another attorney, who must file a notice of appearance with the Court.

CRITICAL

Applies to

Trustee compensation application

An hourly trustee compensation application must be supported by the itemized statement described in Rule 74.1(B).

Additionally, if the application requests compensation on an hourly basis, the application must be supported by the itemized statement described in Rule 74.1(B).

CRITICAL

Applies to

Petition and protection order forms

The Court must use petitions and protection order forms substantially similar to those promulgated by the Ohio Supreme Court.

The Court shall use substantially similar petitions and protection order forms to those promulgated by the Ohio Supreme Court in accordance with Rule 10.05 of the Ohio Rules of Superintendence.

CRITICAL

Applies to

Nolle prosequi motion

Must include

proposed order

A motion for nolle prosequi must state sufficient grounds and be submitted with a proposed judgment entry bearing opposing counsel’s signature; otherwise, an oral hearing will be scheduled.

When the Prosecuting Attorney desires to enter a nolle prosequi in any criminal case pursuant to Crim.R. 48(A), a motion shall be filed, setting forth sufficient grounds for the requested relief, and a proposed judgment entry submitted with opposing counsel's signature; otherwise, an oral hearing will be scheduled.

CRITICAL

Applies to

Application for more restrictive setting

The application must include a written assessment from a licensed physician or clinical psychologist who examined the ward and made the specified findings about the proposed setting.

The application must be accompanied by a written level of care assessment from a licensed physician or a clinical psychologist, who has examined the ward and determined that the proposed setting is necessary and reasonable to properly meet the ward’s activities of daily living, and that no less restrictive alternatives exist to properly meet the ward’s needs.

CRITICAL

Applies to

Fiduciary withdrawal application

The withdrawal application process requires the fiduciary to certify to the Court that notice was provided to the specified participants.

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

CRITICAL

Applies to

Filing signed by power of attorney agent

Unless another rule or law permits otherwise, an agent's signature under a power of attorney is accepted only if the power specifically authorizes signing in court proceedings and a complete, accurate copy is attached.

Except as otherwise permitted in these Rules or required by law, the Court will not accept the signature of an agent under a power of attorney in place of the signature of the principal, unless (i) the power of attorney contains specific language authorizing the agent to sign for the principal in court proceedings; and (ii) a complete and accurate copy of the power of attorney is attached to the filing.

CRITICAL

Applies to

Rejection of claim

If a creditor filed the claim with the Court and the Fiduciary later rejects it, the Fiduciary must file the rejection with the Court.

If a creditor presents a claim by filing it in our Court and the Fiduciary later rejects that claim, the Fiduciary also must file the rejection of the claim with the Court.

CRITICAL

Applies to

Motion for appointment of receiver

Parties seeking appointment of a receiver must advise the Court of the proposed compensation arrangement, approximate property or business value, and expected scope of the receiver’s work.

Parties seeking appointment must fully advise the Court of the entire fee arrangement proposed to compensate the receiver, including all expense reimbursements and any commission contemplated for leasing or selling property. In addition, the Court must be advised of the approximate value of the business or property likely to be managed in the receivership (if granted), and of the scope of work likely to be required of the receiver.

CRITICAL

Applies to

Account

A first account must begin with the inventory’s total asset value; each later account must begin with the preceding account’s ending balance.

Each account must begin with the total asset value shown on the inventory for first accounts and the ending balance from the immediately preceding account for all subsequent accounts.

CRITICAL

Applies to

Guardian ad litem report

The sixth paragraph for each child must describe visits, including their frequency, location, supervision, and relevant family relationships and interactions.

6th paragraph: discuss the child’s visits with parents and siblings. How often, where, supervised/ unsupervised. Describe the interaction and relationship between the child and siblings, child and parents, child and stepparent, and child and other relatives.

CRITICAL

Applies to

Motion to set aside magistrates order

If the motion does not raise an issue of fact, the moving party must notify the Court in writing when filing that it requests a ruling without a transcript.

If the Motion to Set Aside a Magistrate’s Order is not based on an issue of fact, the party filing the Motion shall notify the Court, in writing, at the time of the filing of the Motion, that the party is requesting that the Court rule on the Motion without a transcript of the proceedings.

CRITICAL

Applies to

Guardian compensation application

Must include

proposed order

A guardian compensation application must be submitted with the computation and a proposed entry.

Along with the computation, an application for authority to pay guardian’s compensation must be submitted with a proposed entry.

CRITICAL

Applies to

Notice of beneficiary death

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

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

CRITICAL

Applies to

Affidavit of indigency

An indigent party requesting a witness-fee check from the Clerk must first file an affidavit of indigency approved by the Court.

Any indigent party requesting the issuance of a witness fee check by the Clerk must have first filed an affidavit of indigency approved by the Court.

CRITICAL

Applies to

Application for authority to expend funds

An application for authority to expend funds must identify each expenditure’s payee, amount, purpose, whether it recurs, and its frequency.

The application for authority to expend funds must describe the payee, the amount and the purpose of each proposed expenditure. It must also specify whether the proposed expenditures are recurring expenses or non-recurring expenses and the frequency.

CRITICAL

Applies to

Filing

An attorney may sign and file without the client's signature only if the filing certifies that the client reviewed and approved it before submission.

otherwise, any attorney may sign and file a document on behalf of the attorney’s client without the client’s signature if the filing contains a certification that the client has reviewed and approved the filing before it is submitted for filing.

CRITICAL

Applies to

Contempt pleading

All contempt pleadings must comply with R.C. Section 2705.01 et seq., including notice of potential penalties.

(G) All pleadings seeking contempt must comply with R.C. Section 2705.01 et seq., inclusive of notice of potential penalties.

CRITICAL

Applies to

Initial guardian application

Applicants for guardian appointment must obtain the required criminal background check and include written verification of a clean record with the initial application; the checks may be obtained together through WebCheck.

Superintendence Rule 66 now requires criminal background checks on all persons who apply to be appointed as a guardian, with a few exceptions. You need to start early on this task because it takes some time to obtain the written verification of a clean record, which must accompany the initial application. You can obtain the required BCI and FBI background check together through “WebCheck” at various locations throughout Ohio, including the Portage County Sheriff’s Department.

CRITICAL

Applies to

Application to expend minor funds

A natural or adoptive parent seeking to expend a minor’s funds for health, education, maintenance, or support items must supplement the application with an affidavit.

If the applicant is the minor’s natural or adoptive parent, and the application requests authority to expend funds of the minor for items that can reasonably be considered relating to the minor’s health, education, maintenance or support, the applicant must supplement the application with an affidavit.

CRITICAL

Applies to

Complaint or other pleading

A complaint or other pleading requesting an ex parte or emergency hearing or order must include an affidavit and sworn supporting documentation, or be supported by sworn testimony, specifically stating the facts underlying the alleged emergency.

All complaints and other pleadings wherein an ex parte hearing or order and/or emergency hearing or order is requested, shall be accompanied by an affidavit and otherwise supported by documentation attested to under oath, or supported by sworn testimony which specifically sets forth the facts upon which the alleged emergency is based.

CRITICAL

A prospective juror requesting an excuse for undue or extreme hardship must provide documentation that clearly supports the request, or the court may deny it.

A prospective juror who asks a judge to grant an excuse based on undue or extreme physical or financial hardship must provide the judge with documentation that the judge finds to clearly support the request to be excused. If a prospective juror fails to provide satisfactory documentation, the court may deny the request to be excused.

CRITICAL

Applies to

Inventory

Do not file the entire appraisal with the Inventory; instead, state the appraised value on the Inventory and provide the appraiser’s certificate.

Do not file the entire appraisal with an Inventory. Just show the appraised value on the Inventory and provide the appraiser’s certificate.

CRITICAL

Applies to

Motion

Other receivership expenses require prior Court approval by motion with notice when their aggregate exceeds $2,500 per month or another threshold set by order; a proposed order should be submitted.

All expenses of the receivership, other than those specifically enumerated above, also require prior approval of the court if, in the aggregate, they exceed $2,500 per month, or such other threshold as set by order in the specific receivership. Such request 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

Will

A guardian who learns that a ward has a will and knows where its original is must deposit the original, or all originals, with the Court for safekeeping.

A guardian of the person or estate of a mentally incompetent adult who becomes aware that the ward has a will and who has knowledge of the location of the original will, must deposit the original of the will with the Court for safekeeping. If there is more than one original will, the guardian must deposit all originals for safekeeping.

CRITICAL

Applies to

Estate administration initial filing

A true and accurate copy of the decedent’s death certificate must accompany initial filings in every form of estate administration.

A true and accurate copy of the decedent’s death certificate must accompany the initial filings in all forms of estate administration.

CRITICAL

Applies to

Attorney fee agreement approval application

Must include

proposed order

An application for approval of the attorney fee agreement in the specified actions must include a proposed entry.

An application for approval of the attorney fee agreement in wrongful death, survival claims or minor’s personal injury actions must be submitted. A proposed entry must accompany the application.

CRITICAL

Applies to

Affidavit

In all cases other than those with the specified professional signers, the affidavit must include a current certificate of examination.

In all other cases, the affidavit must be supported by a current certificate of examination.

CRITICAL

Applies to

Motion to consolidate

A motion to consolidate must be filed in each case the movant seeks to consolidate.

The motion must be filed in each case that the movant seeks to consolidate.

CRITICAL

Applies to

Financial disclosure form

A juvenile’s parent, legal guardian, or legal custodian must complete the Financial Disclosure form for recoupment purposes only.

The Juvenile’s parent(s), legal guardian(s), or legal custodian(s) shall complete the Financial Disclosure form for recoupment purposes only.

CRITICAL

Applies to

Continuance order

An order granting a trial continuance must state the date to which the trial is continued.

Any order granting a continuance shall contain the date to which trial is continued.

CRITICAL

Applies to

Account

The account must show full payment of all properly presented estate debts and claims.

The account must show the full payment of all properly presented debts and claims against the estate.

CRITICAL

Applies to

Receiver plan and report

Copies of every receiver's plan and report must be filed with the Clerk.

(D) Copies of each receiver's plan and report must be filed with the Clerk, with service upon all parties who have made an appearance or for whom service remains pending.

CRITICAL

Applies to

Special administrator application

A special-administrator application must include a bond commitment unless the applicant qualifies for a bond exemption, which must be established when filing.

All special administrators must comply with the Fiduciary bond requirements in Rule 75.2, unless the applicant establishes qualification for exemption from bond under Rule 75.2(G) simultaneously with filing the application. In cases in which the Fiduciary does not qualify for exemption from bond requirements, a bond commitment must accompany the application.

CRITICAL

Applies to

Notice of scheduled mediation

The notice of scheduled mediation must state the mediation’s date, time, place, and contact information.

Within 30 days after the date of that order, the mediator or the parties jointly must file a notice of scheduled mediation, which must, at a minimum indicate the date, time, place and contact information for the mediation.

CRITICAL

Applies to

Standing special process server order

A standing-special-process-server application must include an order with the specified caption and designation language.

5. That the person has submitted an order captioned “In re the Appointment of (Name of Applicant) as Standing Special Process Server,” that states as follows: a. “It appearing to the Court that the following applicant has complied with the provisions of the Portage County Juvenile Court Local Rules, (Name of Applicant) is hereby designated as a Standing Special Process Server authorized to make service of process in all cases filed in this Court, to serve until further order of the Court.”

CRITICAL

A party proposing receiver candidates must be prepared to document their relevant experience and expertise and certify that they are disinterested.

A party must suggest candidates, and must be prepared to document their experience and expertise relative to the matter at hand, and certify that they are disinterested persons.

CRITICAL

Applies to

Hearing evidence

At the hearing, the applicant must present satisfactory evidence explaining why any existing power of attorney is ineffective in meeting the ward’s needs.

At the hearing, the applicant must present satisfactory evidence of why one or both of the powers of attorney are ineffective in meeting the ward’s needs.

CRITICAL

Applies to

Affidavit of indigency

Before counsel is appointed, the defendant must file a completed affidavit of indigency with the Portage County Public Defender’s Office.

Before counsel is appointed, a defendant must file a completed affidavit of indigency with the Portage County Public Defender's Office.