Portage County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Account

Accounts must subtract the specified expenses, distributions, losses, and other expenditures and subtotal disbursements by class to calculate total disbursements.

The account must subtract all expenses paid, distributions made, amounts lost and all other forms of expenditure since the beginning of the administration on first accounts or since the last accounting on subsequent accounts. All disbursements must be subtotaled by class, with all subtotals added to determine the total disbursements during the accounting period.

CRITICAL

Applies to

One time process server affidavit and order

The affidavit and order for a one-time process-server appointment must include the appointee’s contact information and the specified affirmations.

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

CRITICAL

Applies to

Application for authority to administer

The application must include a good-faith estimate of estate-asset values and the other financial information required by the form.

The application must contain a good faith estimate of the value of the estate assets and other financial information the form requires. The Court will not accept for filing any

CRITICAL

Applies to

Fee agreement

Do not file a fee agreement unless another provision of the Rule requires it, and do not submit it for review or pre-approval.

Do NOT file your fee agreement with the Court (unless other provisions of this Rule require you to file it) because then it becomes a public record. Also, do not submit your agreement to the Court for review and pre-approval.

CRITICAL

Applies to

Motion

Must include

proposed order

Unless the Court orders otherwise, motions other than dispositive motions must include a proposed entry; omission may delay consideration or result in denial.

Except as otherwise ordered by the Court, all motions (except dispositive motions) must be accompanied by a proposed entry. Failure to submit a proposed entry may delay consideration of the motion or result in the Court denying the motion for failure to comply with thisrule.

CRITICAL

Applies to

Extraordinary fee motion

Must include

proposed order

An extraordinary-fee request must be made by motion with a supporting memorandum and proposed order, and must detail the work, need, expenses, and expense substantiation.

All requests for extraordinary fees must be made by motion with a supporting memorandum and proposed order. 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

Pleadings and motions

Counsel-filed pleadings and motions must be signed in one attorney’s individual name and include the specified contact and registration information and attorney designation after the signature; the signer should be the trial attorney.

All pleadings and motions served and filed on behalf of any party represented by counsel must be signed by one attorney in that attorney's individual name as required by Rule 11 of the Ohio Rules of Civil Procedure. The signer should be the attorney who is to try the case. Following that attorney's signature, office address, telephone number, facsimile number, email address, and Supreme Court registration number, there must be set forth the designation "Attorney for Plaintiff' (or Defendant).

CRITICAL

Applies to

Fiduciary withdrawal

Approval of a fiduciary’s withdrawal requires current filings and a complete accounting, and cannot occur until a successor fiduciary is appointed.

As a condition of approving the Fiduciary’s withdrawal, the Fiduciary must be current with all filings required by law or by these Rules. The Fiduciary must also submit a complete accounting for the period from the last accounting through the effective date of the withdrawal. The Court will not approve the withdrawal until the Court has appointed a successor Fiduciary.

CRITICAL

Applies to

Motion

A party seeking to change the summary-judgment schedule must file a motion.

Any party seeking to alter that schedule must file a motion.

CRITICAL

Applies to

Caregiver notice

Caregiver and prospective adoptive parent notices must be filed separately and kept in a confidential file accessible only to the Court or clerks, subject to the stated transfer exception.

Notice of and to a certified foster caregiver, kinship caregiver, or prospective adoptive parent shall be filed separately from the parties’ notices and kept in the confidential file, accessible only to the Court or clerks unless or until the matter is transferred to the Portage County Court of Common Pleas, Domestic Relations Division.

CRITICAL

Applies to

Proof of compliance

The guardian must file a course-provider certificate of participation or completion to prove compliance with the educational requirements.

In order to prove compliance with the educational requirements in Sup. R. 66.06 and 66.07, the guardian must file with the Court a certificate of participation or completion issued by the provider of the course.

CRITICAL

Must include

proposed order

Counsel for an incarcerated party, or counsel issuing a subpoena for an incarcerated party, must file a Motion to Convey with a Proposed Order to Convey.

(A) It is the responsibility of counsel for a party who is incarcerated, or who issues a subpoena for a party who is incarcerated, to file a Motion to Convey with a Proposed Order to Convey to transport the person to the hearing.

CRITICAL

Applies to

Special administrator application

A special-administrator application must be a modified Application to Administer and include a completed Next of Kin form and a true and accurate death-certificate copy with the social security number redacted.

An applicant for appointment as a special administrator must initiate the process by filing an Application to Administer, modified to indicate the applicant is seeking appointment as a special administrator. The application must also be accompanied by a completed Next of Kin form and a true and accurate copy of the decedent’s death certificate with the decedent’s social security number redacted.

CRITICAL

Applies to

Proposed entry

Must include

certificate of service

When required by the Ohio Rules of Civil Procedure, a proposed entry must include a certificate of service listing the names and addresses of everyone who must be served.

If required under the Ohio Rules of Civil Procedure, the proposed entry must contain a certificate of service showing the names and addresses of all parties and other interested persons to whom service is required.

CRITICAL

Applies to

Notice of involuntary withdrawal

Written notice to the Court is required for an involuntary withdrawal based on the specified circumstances beyond the fiduciary’s control.

Upon written notice to the Court, a Fiduciary will be considered to have involuntarily withdrawn if the Fiduciary dies, becomes disabled, becomes seriously ill or if other similar circumstances beyond the Fiduciary’s control occur that make it impossible or impractical for the Fiduciary to fulfill his or her duties.

CRITICAL

Applies to

Classification case designation form

For each new civil case, counsel or the filing party must complete the classification form at filing, and the form must be file-stamped and included in the Official Court File.

The classification/case designation form maintained by the Clerk's office must be fully completed by counsel or the party at the time of filing any new civil case and must be file-stamped and contained in the Official Court File.

CRITICAL

Applies to

Notice of intent to relocate

A residential parent intending to move outside Portage County must immediately file a Notice of Intent to Relocate with the Clerk of Courts.

If the residential parent intends to move to a residence outside Portage County, he/she shall immediately file a Notice of Intent to Relocate with the Clerk of Courts

CRITICAL

Applies to

Schedule of assets or assets and liabilities to be released from administration

A schedule using the county auditor’s tax value for real estate must include a copy of the auditor’s property record.

A copy of the Auditor’s property record must accompany the schedule of assets or assets and liabilities to be released from administration.

CRITICAL

Applies to

Confidential information form

The complainant provides the Clerk with confidential information identifying the caregiver or prospective adoptive parent, including name, address, telephone number, and status.

NOW COMES, , Complainant, and provides the Clerk of the Portage County Juvenile Court with the following CONFIDENTIAL information concerning the certified foster caregiver, kinship caregiver, or the prospective adoptive parent(s): 1.) Name: 2.) Address: 3.) Telephone #: 4.) Person(s) Status: Certified foster caregiver(s); Kinship caregiver(s) or; Prospective adoptive parents(s)

CRITICAL

Applies to

Mediation case summary form

Prior to the commencement of mediation, all parties shall complete and submit a mediation case summary form at least four (4) days prior to the commencement of mediation.

Prior to the commencement of mediation, all parties shall complete and submit a mediation case summary form at least four (4) days prior to the commencement of mediation.

CRITICAL

Applies to

Account

The Fiduciary and each affected heir or beneficiary must consent in writing after full disclosure, and the original consents must accompany the account.

The Fiduciary and each heir or beneficiary whose distribution the fee affects, must consent to the fee in writing, after full disclosure of all material facts relating to the fees. The originals of all consents must accompany the account.

CRITICAL

Applies to

Motion

The Court will reject a motion for an order of sale filed without the updated title certification.

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

CRITICAL

Applies to

Application to appoint fiduciary

Before filing an application to appoint a fiduciary in a decedent’s estate, the applicant or attorney must request that the Court examine its index of deposited wills.

Before an applicant or attorney files an application to appoint a Fiduciary in a decedent’s estate, the applicant or attorney must first request the Court to examine the Court’s index of wills deposited under R.C. §2107.07.

CRITICAL

Applies to

Trustee compensation statement

When a trustee seeks a fee above the Rule 74.1(A) amount, the itemized statement must cover all services for the period, not only the excess services.

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

CRITICAL

Applies to

Proposed confirmation entry

The plaintiff must prepare and deliver a proposed entry confirming the sale to the judge for signature and serve copies upon all parties or their attorneys of record by regular mail within seven days after the date of sale.

The plaintiff must prepare and deliver a proposed entry confirming the sale to the judge for signature and serve copies upon all parties or their attorneys of record by regular mail within seven days after the date of sale.

CRITICAL

Applies to

Guardianship attorney fee application

Must include

proposed order

A guardianship attorney-fee application must include a proposed order, a Rule 71.1(D)-compliant itemized billing statement, and a proposed entry.

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

CRITICAL

Applies to

Guardian education

Guardians of mentally incompetent adults must meet the educational requirements unless they qualify for and receive a conditional deferral from the Court.

All guardians of mentally incompetent adults must comply with the educational requirements, unless the guardian is qualified for, and the Court grants, a conditional deferral of those requirements under Rule 66.3(I) below.

CRITICAL

Applies to

Attorney fee application

A completed attorney-fee guideline must accompany the fee application.

A completed guideline must accompany the attorney fee application.

CRITICAL

Applies to

Accounting

A special administrator must file an accounting by the earlier of 30 calendar days after appointment of a full administrator or executor and six months after the special administrator’s appointment.

The special administrator must file an accounting with the Court no later than (i) 30 Calendar Days after appointment of a full administrator or executor, or (ii) six months after the date of appointment as special administrator, whichever is earlier.

CRITICAL

Applies to

Minor guardianship conversion application

A proposed judgment entry and letters of trustee must be provided when the conversion application is filed.

A proposed judgment entry and letters of trustee must be provided at the time of filing of the application.

CRITICAL

Applies to

Minor estate expenditure application

When an expenditure is within a parent’s legal support obligation, the applicant must establish that it is necessary and the parent or parents lack the financial resources to pay it.

The Court will not approve expenditures of the minor’s estate in these circumstances if the Court determines that the expenditure is within the parent’s legal obligation to support the minor, unless the applicant establishes to the Court’s satisfaction that the expenditure is necessary and the parent or parents do not have the financial resources to pay the expense.

CRITICAL

Applies to

Schedule of assets or assets and liabilities to be released from administration

A schedule using a recognized motor-vehicle valuation must include a copy of that valuation.

A copy of the valuation must accompany the schedule of assets or assets and liabilities to be released from administration.

CRITICAL

Applies to

Application to settle minor claim

The application for a minor’s claim structured settlement must include complete and accurate copies of all related documentation for Court review before the hearing.

A complete and accurate copy of all documentation relating to the proposed structured settlement must accompany the application to settle a minor’s claim for the Court’s review before the hearing.

CRITICAL

Applies to

Itemized statement and accounting

A GAL must keep accurate case records, file an itemized statement and accounting with the Court, and provide a copy to each party or other responsible payer.

13. Keep accurate records of the time spent, services rendered, and expenses incurred in each case, and file an itemized statement and accounting with the Court, including providing a copy to each party or other entity responsible for payment.

CRITICAL

Applies to

Notice of beneficiary death

The trustee must notify the Court in writing within 30 calendar days after a beneficiary’s death.

If a beneficiary dies, the trustee must notify the Court in writing within 30 Calendar Days after the death.

CRITICAL

Applies to

Application for fiduciary appointment

A fiduciary may seek a bond waiver in the specified circumstances, and unless SC Form 4.0 already addresses the waiver, must file the waiver application and proposed entry with the appointment application.

Notwithstanding anything in this Rule 75.2 to the contrary, a Fiduciary may apply to the Court to dispense with the bond requirement in any of the circumstances in the subparagraphs below. Unless the bond waiver is already addressed in SC Form 4.0, an application to dispense with bond, together with a proposed entry, must be filed with the application for appointment of the Fiduciary.

CRITICAL

Applies to

Acknowledgment of responsibility

A parent receiving settlement proceeds must file an acknowledgment of responsibility before settlement approval.

The parent(s) receiving the settlement proceeds must file an acknowledgment of responsibility before the Court will approve the settlement.

CRITICAL

Applies to

Application to admit lost spoliated or destroyed will

To satisfy the hearing-waiver condition, the filing must include affidavits from both witnesses; if the will has more than two witnesses, the Court requires only two witnesses’ affidavits or subpoenas for their hearing appearance.

The filing must include affidavits signed by both witnesses to the purported will. If a copy of a will has more than two witnesses, the Court will only require that two witnesses provide affidavits, or be served subpoenas to appear at a hearing on the admission of the will to probate.

CRITICAL

Applies to

Report of distribution

Applicants must file a report of distribution within 30 days after entry approving the wrongful-death settlement.

All applicants must file a report of distribution with the Court no later than 30 days after the entry approving the wrongful death settlement.

CRITICAL

Applies to

Guardianship account

Each guardianship account entry must be supported by documentation submitted with the account; the Court will not accept an account without it.

Remember that guardianship accounts require that you produce supporting documentation to back up each entry on the account. Provide that with the account, as the Court cannot accept the account for filing without it.

CRITICAL

Applies to

Written conflict action notice

A GAL who becomes aware of a conflict must immediately act to resolve it and advise the Court and parties in writing; the GAL may resign with Court leave or seek other direction.

(C) Upon becoming aware of any actual or apparent conflict of interest, a GAL shall immediately take action to resolve the potential conflict, shall advise the Court and the parties in writing of the action taken, and may resign from the matter with leave of the Court, or seek other direction from the Court as necessary. Because a conflict of interest may arise at any time, a GAL has an ongoing duty to comply with this Rule.

CRITICAL

Applies to

Initial appearance

If the citation does not indicate proof of financial responsibility was shown, the juvenile traffic offender must provide proof of automobile insurance at the initial appearance.

If the traffic complaint/citation fails to indicate insurance or financial proof of responsibility was shown at the time the citation was issued, proof of automobile insurance shall be provided by the alleged juvenile traffic offender to the Court at their initial appearance.

CRITICAL

Applies to

Pre recorded deposition

A pre-recorded deposition filed with the Clerk of Courts must be accompanied by a written transcript.

Any pre-recorded deposition filed with the Clerk of Courts must be accompanied by a written transcript.

CRITICAL

Applies to

Review hearing request

A review hearing will not proceed unless the requester assures the Court it is willing and able to present its allegations and evidence in open court before the accused; anonymous allegations require a clear showing of significant danger of harm to the requester.

The Court will not move forward with scheduling or conducting a review hearing unless the person or entity filing the request assures the Court that it is willing and able to present its allegations and supporting evidence in open court in the presence of the person or persons against whom the allegations are directed. The Court will not pursue any anonymous allegations without a clear showing of circumstances that pose a significant danger of harm to the requesting party.

CRITICAL

Applies to

Request for service by publication

A request for service by posting and mail must include the case number, first party on each side, the person’s name and last known address, and a summary of the complaint allegations; the Clerk fills in the hearing date and time.

A request for service by publication by posting and mail shall include: a. The Case Number; b. The name of the first party on each side; c. The name and last known address of the person who is to be served; d. A summary statement of the allegations made in the complaint; e. The Clerk will fill in the date and time of the hearing.

CRITICAL

Applies to

Fiduciary withdrawal application

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

A Fiduciary may not voluntarily withdraw without prior Court approval. The application to withdraw must demonstrate reasonable cause for the withdrawal.

CRITICAL

Applies to

Retention agreement

A receiver's retention agreement with every professional must be in writing.

The retention agreement between a receiver and every professional must be in writing.

CRITICAL

Applies to

Motion

A publication-service motion must include an affidavit establishing that other service methods failed or cannot be used despite reasonable diligence.

The motion must also be supported by an affidavit stating that service by other methods has failed, or that service by other methods cannot be made because the residence address of the person to be served is unknown and cannot be ascertained with reasonable diligence.

CRITICAL

Applies to

Adoption petition

Adoption petitions must include BCI, FBI, and child abuse registry check results or the Court will not accept the petition for filing.

The results of criminal background checks through the Ohio Bureau of Criminal Identification and Investigation (“BCI”) and the Federal Bureau of Investigation (“FBI”) and Ohio Job and Family Services child abuse registry checks must be filed with the initial petition for adoption in all adoption cases. If this supporting documentation is not included, the Court will not accept the petition for filing.

CRITICAL

Applies to

Proposed entry

In a contested matter, the prevailing party must prepare and present the proposed entry to the Court and opposing parties within five Court Days after the hearing, unless the Court orders otherwise.

In contested matters, the prevailing party must prepare and present the proposed entry to the Court and to the opposing parties or their attorney within five Court Days after conclusion of the hearing to which the entry applies, unless the Court orders otherwise.