Portage County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Complaint

The Court will reject a complaint filed without the required title certification.

The Court will not accept the complaint for filing without this certification.

CRITICAL

Applies to

Objection

An objection must include a supporting memorandum stating the party’s position with particularity and citing supporting law; the Court may dismiss an overly broad objection that lacks particularity.

The Objection 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. The Court may dismiss an overly broad Objection that lacks the required particularity.

CRITICAL

Applies to

Document requiring principal signature in fiduciary capacity

An agent under a power of attorney may not sign for a principal on a document requiring the principal's signature in a fiduciary capacity.

No agent under a power of attorney may sign any document on behalf of a principal on a document that requires the principal’s signature in a fiduciary capacity.

CRITICAL

Applies to

Entry

If the Standard Schedule is adopted, a copy must be included in the Entry.

if the Standard Schedule for Parenting Time is adopted, a copy of the Schedule shall be included in the Entry.

CRITICAL

Applies to

Incident report

Anyone with reasonable cause to believe a ward is being harmed or endangered must immediately report it to the Court with sufficient detail explaining the basis for the belief.

Any guardian, attorney or other person who has reasonable cause to believe that a ward is being abused, neglected, exploited or otherwise subjected to danger of emotional, physical or financial harm must immediately report it to the Court, describing in sufficient detail the basis for the belief.

CRITICAL

Applies to

Application to dispense with guardianship

A resident parent or the person with legal custody must file an application to dispense with a guardianship.

An application to dispense with a guardianship of the minors’ estate must be filed by the minor’s parent or parents with whom the minor resides, or by the person who has legal custody of the child.

CRITICAL

Applies to

Refiled complaint

A refiled complaint must be identified as refiled and include the specified designation under the case number.

If a case is dismissed and subsequently refiled, Plaintiffs counsel must designate the refiled complaint as such. The refiled complaint must contain the following designation under the case number: "THIS IS A REFILED CASE. PREVIOUS CASE NUMBER####"

CRITICAL

Applies to

Filing

Must include

proposed order

Every filing must be accompanied by a proposed entry that complies with Rule 57.5(A).

All filings must be accompanied by a proposed entry in compliance with Rule 57.5(A).

CRITICAL

Applies to

Minor guardianship conversion

After approval, the guardian must file a trustee’s bond or bond-conversion verification and a final guardian’s account within 30 days after issuance of the conversion judgment entry.

Upon the approval of an application to convert a minor guardianship to a minor trust, the guardian must file a trustee’s bond or verification of the conversion of the bond, and a final guardian’s account within 30 days following the issuance of the judgment entry converting a minor guardianship to minor trust.

CRITICAL

Applies to

Mediator report

The mediator must file a written report stating whether mediation was successful or unsuccessful.

The mediator must file a written report to inform the Court whether the mediation has been successful or unsuccessful.

CRITICAL

Applies to

Application for authority to expend funds

All applications for authority to expend funds, including all applications to pay guardian or attorney fees, must also be approved by the Department of Veterans’ Affairs.

All applications for authority to expend funds, including all applications to pay guardian or attorney fees, must also be approved by the Department of Veterans’ Affairs.

CRITICAL

Applies to

Motion to abandon real property

Must include

proposed order

A motion to abandon real property must be accompanied by a proposed order abandoning the property.

A proposed order abandoning real property must accompany the Motion.

CRITICAL

Applies to

Trustee compensation application

A trustee seeking a fee above the amount allowed by Rule 74.1(A) must apply for compensation on an hourly basis.

If a trustee requests a fee that exceeds the amount allowed in Rule 74.1(A), the application must be on an hourly basis.

CRITICAL

Applies to

Assigned counsel application

An assigned-counsel application must identify the level or levels of appointment sought.

Each individual requesting to serve as assigned counsel shall submit an application in letter form, on official/office letterhead, that sets forth the level of appointment they are seeking, i.e. appointment for unruly offenses; delinquency offenses (misdemeanor and/or felony); dependent, neglect, abuse cases; adult cases; appeals; and/or judicial by-pass cases.

CRITICAL

Applies to

Application for authority to administer

An application for authority to administer the estate must include a true and accurate death-certificate copy with the decedent’s social security number redacted.

The applicant must file a true and accurate copy of the decedent’s death certificate with the application for authority to administer the estate. The decedent’s social security number must be redacted from the certificate before filing.

CRITICAL

Applies to

Fax filing

A signed fax filing must transmit a copy of the signed source document, or use “/S/” followed by the signer’s name when sent directly from a computer.

(A) A party who wishes to file a signed source document by fax shall fax a copy of the signed source document, or if the document is sent directly from the person’s computer the notation “/S/” followed by the name of the person signing the document.

CRITICAL

Applies to

Written verification of deposit restrictions

For funds deposited into a restricted account under this provision, the fiduciary must provide the Court written verification of the deposit restrictions on SC Form 22.3.

The Fiduciary must provide a written verification of deposit restrictions to the Court (SC Form 22.3).

CRITICAL

Applies to

Application to extend administration

If the estate does not qualify under subparagraph (1) but the fiduciary asserts eligibility under R.C. §2109.301(B)(1)(g), the fiduciary must file an Application to Extend Administration.

If the estate does not qualify for extended administration under subparagraph (1) above, but the Fiduciary contends that the estate qualifies for extended administration under R.C. §2109.301(B)(1)(g), the Fiduciary must file an Application to Extend Administration.

CRITICAL

Applies to

Application

For a limited-purpose appointment when no probate assets are known and no asset administration is required, valuation estimates are unnecessary, but a notice of appointment for limited purpose must accompany the application.

Valuation estimates are not necessary in decedent’s estates that the applicant is filing for appointment as a Fiduciary solely for a limited purpose not requiring the administration of assets and the Fiduciary is not aware of any probate assets to administer. Examples include appointment to pursue a wrongful death or survival action, to release a previously paid mortgage, to enter an appearance in pending litigation or to admit a will to open an ancillary administration. A notice of appointment for limited purpose must accompany the application in this type of case.

CRITICAL

Applies to

Motion for continuance

A continuance motion must state the efforts made to notify others and whether they consent.

The motion for continuance shall indicate what efforts were made to notify all other counsel and/or parties, and whether those individuals consent to the continuance.

CRITICAL

Applies to

Application for authority to expend funds

An application to expend funds must use SC Form 15.7 and identify each expenditure’s payee, amount, purpose, and whether it is recurring.

The application for authority to expend funds (SC Form 15.7) 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.

CRITICAL

Applies to

Complaint or motion

A complaint or motion reactivating a dormant case and seeking an ex parte or emergency hearing or order must also request some type of final order or relief.

Complaints or motions that reactivate dormant cases wherein ex parte hearings or orders and/or emergency hearings or orders are requested shall also include a request for some type of final order or relief.

CRITICAL

Applies to

Request for confidentiality

An applicant seeking confidentiality must file a supported request showing that notice or public access would jeopardize personal safety, accompanied by a proposed entry.

If an applicant for a name change or name conformity desires the proceeding and the record to be confidential, the applicant must file a request for confidentiality supported by an affidavit or other sufficient proof that notice of the hearing or public access to the record would jeopardize the applicant’s personal safety. A proposed entry must accompany the request.

CRITICAL

Applies to

Motion

Must include

proposed order

Unless another procedure applies, a party requesting service by publication must file a motion and proposed entry with the Court.

Unless a different procedure is specified by law or the Ohio Rules of Civil Procedure, a party requesting service by publication must file a motion and proposed entry with the Court.

CRITICAL

Applies to

Complaint

The complaint’s title certification must confirm a recent title examination and that all interested parties identified by it are named in the action.

The certification must verify that the plaintiff obtained an examination of title to the real estate within 15 Calendar Days before filing the complaint to confirm that all parties with any interest in the real estate, as determined by the title examination, are named as parties to the action.

CRITICAL

Applies to

Objection

If an objection is based in whole or in part on an issue of fact, a transcript of the testimony must be filed in support.

If an issue of fact is partially or wholly the basis for the Objection, a transcript of the testimony shall be filed in support of the objection to the Magistrate’s Decision.

CRITICAL

Applies to

Motion

Must include

proposed order

A moving party must submit with its motion a proposed order granting the motion and stating the requested relief.

A moving party, at the time of filing a motion, must submit a proposed order granting the motion and setting forth the requested relief.

CRITICAL

Applies to

Initial receivership plan

The initial receivership plan must identify the debtor's business and circumstances, goals, assets, anticipated costs and duration, staffing and payroll if applicable, liquidation details if applicable, and relevant proceedings and their expected costs.

(B) The initial receivership plan must identify: ( 1) the nature of the debtor's business, and a concise statement of the circumstances leading to the receivership; (2) whether the present goal is to preserve and operate a business, collect rent on property, liquidate assets, or take other action; (3) the significant assets of the receivership, including real estate, tangible or intangible property, inventory, cash on hand, accounts receivable, and claims against insurers or other third parties; (4) anticipated transaction costs predictably to be incurred, including upcoming financing or mortgage payments, government fees or taxes, receiver fees, accounting, appraisal or auction costs, and legal fees inherent in the plan (as best they can be estimated); (5) the anticipated duration of the receivership; (6) if an active business is to be operated, the minimum number of employees needed to do so, and the estimated aggregate payroll (including benefits) per month; (7) if prope1ty is to be liquidated, the estimated date by which appraisal and sale by the receiver can occur, and whether public or private sale is contemplated; (8) if litigation or administrative proceedings are underway or anticipated, the nature and expected cost of each such proceeding.

CRITICAL

Applies to

Insolvency documentation

In insolvency proceedings, the assets available to pay claims must match the Inventory’s total asset value; if they do not, the insolvency documentation must include a memorandum explaining the difference.

In all types of insolvency proceedings, the value of probate assets available to pay claims must match the total value of probate assets on the Fiduciary’s inventory. If the amounts do not match, the insolvency documentation must include a memorandum explaining the difference between the inventory value and the current value of assets remaining to pay claims.

CRITICAL

Applies to

Application for additional compensation

An application for additional compensation must include an itemized statement of services covering the case from beginning to end.

The application for additional compensation must also be supported by an itemized statement of services from the beginning of the case to the end.

CRITICAL

Applies to

Ex parte or emergency request

An ex parte or emergency order requires a specific showing that serious or irreparable harm would occur before an evidentiary oral hearing without immediate relief.

No ex parte or emergency order will be issued without a specific showing that, if immediate relief is not granted, serious and/or irreparable harm would result prior to an evidentiary (ORAL) hearing.

CRITICAL

Applies to

Facsimile transmission

A fax filing must comply with Ohio Civil Rules 10 and 11 and include a cover page listing the forwarding attorney’s name, address, registration number, telephone and fax numbers, transmission date and time, and page count.

All facsimile transmissions tendered to the Court for filing pursuant to this rule must conform to the requirements of Rules 10 and 11 of the Ohio Rules of Civil Procedure and must include a cover page, which includes the following infonnation: (1) Name of forwarding attorney; (2) Address of forwarding attorney; (3) Ohio Supreme Court registration number of attorney; (4) Telephone number of attorney; (5) Facsimile number of attorney; ( 6) Date and time of facsimile transmission; (7) Number of pages of facsimile transmission.

CRITICAL

Applies to

Proposed order

The proposed distribution order must match the settlement statement unless the Court orders otherwise.

The proposed order of distribution the plaintiff submits to the Court must be consistent with the settlement statement, unless the Court orders otherwise.

CRITICAL

Applies to

Gal complaint

A complaint about a GAL must be written and signed by the complainant.

(C) The complaint shall be in writing and signed by the complainant.

CRITICAL

Applies to

Written gal complaint

The written complaint must be delivered to the Court Administrator at the stated Juvenile Court address.

(E) The written complaint shall be delivered to the Court Administrator at the Portage County Juvenile Court, 8000 Infirmary Road, Ravenna, Ohio, 44266.

CRITICAL

Applies to

Written consent

Written consent filed with the Court must be signed and dated no more than six months before the adoption petition is filed.

Any written consent filed with Court must be signed and dated not more than six months before the date of filing the petition for adoption.

CRITICAL

Applies to

Motion

(B) If the legal representative for the State of Ohio and/or Portage County Auditor initially determines the recovery of assigned counsel fees or public defender costs may be appropriate pursuant to the Portage County Indigent Assigned Counsel Recoupment Policy, said counsel shall be responsible for filing a motion requesting the Court determine whether recovery of assigned counsel fees or public defender costs is appropriate.

(B) If the legal representative for the State of Ohio and/or Portage County Auditor initially determines the recovery of assigned counsel fees or public defender costs may be appropriate pursuant to the Portage County Indigent Assigned Counsel Recoupment Policy, said counsel shall be responsible for filing a motion requesting the Court determine whether recovery of assigned counsel fees or public defender costs is appropriate.

CRITICAL

Applies to

Application or motion

Applications and motions must include a proposed entry prepared by the applicant or movant, or the Court may decline to accept them for filing.

All applications or motions must be accompanied by a proposed entry prepared by the person applying or moving for the entry. The Court may decline to accept the application or motion for filing if it is not accompanied by a proposed entry.

CRITICAL

Applies to

Guardian ad litem report

The fifth paragraph for each child must discuss medical or developmental concerns, medication requirements and compliance, and current health status.

5th paragraph: discuss any medical or developmental issues or concerns, medication requirements and compliance, and current health status.

CRITICAL

Applies to

Mail filing

To receive returned file-stamped copies, the filer must provide an adequately sized, self-addressed stamped envelope with sufficient prepaid postage; otherwise, the Court places them in its pick-up box.

If the Court is requested to return file-stamped copies, the filer must provide a self-addressed, stamped envelope adequate in size to hold the return documents and with sufficient postage prepaid. Otherwise, the Court will place the return documents in the Court’s pick-up box.

CRITICAL

Applies to

Initial contempt pleading

The initial contempt pleading must include an affidavit stating sufficient operative facts to notify the Respondent of the alleged contempt.

(B) The initial pleading for contempt shall be supported by an affidavit with sufficient operative facts of the alleged contempt so as to provide the Respondent with notice of the facts of the contempt charge alleged.

CRITICAL

Applies to

Incident report

Guardians must file a written incident report immediately upon potentially harmful activity involving the ward.

The Rule requires guardians to immediately file a written incident report to inform the Court of any potentially harmful activity involving the ward.

CRITICAL

Applies to

Adult guardianship appointment application

An application to appoint a guardian for a mentally incompetent adult must include an expert evaluation statement on SC Form 17.1 dated no more than three months before the application.

All applications for appointment of a guardian of a mentally incompetent adult must also include a statement of expert evaluation, dated not more than three months before the date of application, on SC Form 17.1.

CRITICAL

Applies to

Retention agreement

The retention contract must state the professional's conflict-avoidance, proceeds-handling, and property-interest restrictions.

the contract retaining the professional will affirmatively state that the professional will avoid any conflict of interest in connection with work on the receivership; that gross proceeds of any sale or other transaction conducted by them will be immediately turned over to the receiver or placed in a separate trust account; and that they will not, under any circumstances, directly or indirectly purchase, acquire, or accept any interest in any property they manage, appraise, or sell through the receivership.

CRITICAL

Applies to

Transcript

The requesting party is responsible for having the written transcript prepared.

The requesting party is responsible for having the written transcript prepared.

CRITICAL

A party seeking personal service by a special process server must file a document with the Court, but the text specifying that document continues beyond this excerpt.

(A) One-Time Appointment: If a party desires personal service to be made by a special process server pursuant to Civ.R. 4.1, the party or counsel must file with the Court a

CRITICAL

Applies to

Inventory

The guardian must file an inventory before the Court approves expenditures, unless delay would be detrimental to the ward.

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

CRITICAL

Applies to

Request to independently record proceedings

A request to independently record court proceedings must be written and filed at least five days before the hearing.

Any requests to independently record the proceedings of the Court shall be made in writing and filed with the Court at least five (5) days before the hearing.

CRITICAL

Applies to

Interim guardian report

An interim guardian’s report must disclose the reportable change or material circumstance.

If the guardian becomes aware of any changes or other material circumstances affecting the ward that would otherwise be required to be disclosed on a guardian’s report, the guardian must file an interim guardian’s report disclosing the change or other material circumstances within 30 Calendar Days after first becoming aware of the changes or circumstances.

CRITICAL

Applies to

Motion

A motion requesting service by publication must include a copy of the proposed publication notice.

The motion must contain a copy of the proposed publication notice.