Portage County Court of Common Pleas, Ohio Filing Timing and Cure Windows

CRITICAL

Deadline

5 calendar days

A fiduciary who elects to file the certificate of service of hearing notice must file it at least five Calendar Days before the hearing.

A Fiduciary desiring to file the certificate must do so no later than five Calendar Days before the hearing date.

CRITICAL

A fiduciary appointed solely to pursue wrongful-death or survival claims, with no other probate assets, must file a status report each year on or before the appointment anniversary.

In decedent’s estates in which the Fiduciary was appointed for the sole purpose of pursuing wrongful death or survival claims with no other probate assets, the Fiduciary must file a status report with the Court each year on or before the anniversary date of the Fiduciary’s appointment.

CRITICAL

To maintain a conditional education deferral, the guardian must file all case-required reports and other filings by their due dates without being cited for lateness.

The guardian must file all guardian reports, plans, inventories, accounts and other filings applicable to the particular case as required by law or rule on or before the due date of the filing, without citation for being late in filing.

CRITICAL

The guardian must notify the Court in writing within 30 calendar days after the ward’s death.

If the ward dies, the guardian must notify the Court in writing within 30 Calendar Days after the death.

CRITICAL

If a transcript has been requested, a response to an objection may be filed no later than 14 days after the later of the transcript filing or the movant’s supplemental memorandum filing.

If a request for a transcript has been filed, a person wishing to respond may do so no later than fourteen (14) days after the filing of the transcript or the filing of a movant’s supplemental memorandum, which occurs later.

CRITICAL

A newspaper-publication request must be submitted at least 15 days before the noticed hearing, and the hearing must be at least 7 days after publication.

A request for service by publication by newspaper shall be submitted at least fifteen (15) days before the date and time of the hearing stated in the notice, and the date of the hearing shall not be less than seven (7) days after the date of publication;

CRITICAL

A motion to appear by phone for a status conference must be filed at least ten days before the conference.

All motions to appear by phone for status conferences must be filed with the Court at least ten days prior to the status conference.

CRITICAL

A Juvenile Civil Protection Order petition must be promptly filed when presented to the Clerk of Courts.

A petition for a Juvenile Civil Protection Order shall be promptly filed when it is presented to the Clerk of Courts.

CRITICAL

Deadline

10 court days

All required adoption documentation must be filed no later than 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

If any party or person having an interest in the property to be sold or leased files an objection within 14 days of service of the notice, the court may set the receiver's request for hearing or may rule based on the material of record.

If any party or person having an interest in the property to be sold or leased files an objection within 14 days of service of the notice, the court may set the receiver's request for hearing or may rule based on the material of record.

CRITICAL

A party opposing a mediation referral or mediator must file a written objection within seven days after receiving notice, explain the reasons, or enter the objection on the record at the hearing considering referral.

(C) A party opposed to either the referral or the appointed mediator must file a written objection with the Court within seven (7) days of receiving notice of the referral or appointment of the mediator and explain the reasons for any opposition or enter such objection on the record at the hearing at which a referral to mediation is being requested/considered.

CRITICAL

A request for service by posting and mail must be submitted at least 15 days before the hearing stated in the notice.

A request for service by publication by posting and mail shall be submitted at least fifteen (15) days before the date and time of the hearing stated in the notice;

CRITICAL

The final and distributive account or certificate of termination showing fees paid must be filed no later than 13 months after appointment, subject to any permitted extension.

The fees paid must be shown on a final and distributive account or certificate of termination that the Fiduciary files no later than 13 months after the date of appointment, and any permitted extension.

CRITICAL

The final and distributive trustee’s account is due within 30 days of termination.

The trustee must file a final and distributive trustee’s account within 30 days of termination in accordance with Rule 64.5.

CRITICAL

A party may request an oral hearing on a Motion to Set Aside, but must request it when filing the motion or waive oral argument.

A party may request an oral hearing on the Motion to Set Aside a Magistrate’s Order, and such requests must be made at the time of filing the Motion. Failure to request an oral hearing at the time of filing will be deemed a waiver and the matter will be decided by the Judge without oral argument.

CRITICAL

The accounting is due 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

Untimely filing of an interim guardian’s report is grounds for removal of the guardian.

Failure to file an interim guardian’s report in a timely manner is grounds for removal of the guardian.

CRITICAL

The proof of compliance must be provided by January 31 each year.

4. All attorneys approved by the Court to serve as a GAL shall provide the Court with proof of compliance of this Rule by January 31st of each year.

CRITICAL

Adult pre-trials must be held within 30 days after arraignment.

(B) All adult pre-trials shall be held within thirty (30) days from the date of the arraignment.

CRITICAL

A party or its attorney must present any proper written objection to the proposed confirmation entry within 14 days after the sale to prevent approval and filing of the entry.

Unless proper written objection to the proposed confirmation entry is presented to the court by a party or the party's attorney within 14 days after the date of sale, the proposed entry will be approved by the court and filed with the Clerk forthwith.

CRITICAL

The opposing party must move or plead by the fourteenth day after the pleadings or amended pleadings are filed.

The opposing party must move or plead to the pleadings or amended pleadings so filed on or before the fourteenth day after the pleadings or amended pleadings are filed.

CRITICAL

The mediation case summary form must be submitted at least four days before mediation begins.

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

A Motion to Convey for a person incarcerated outside Portage County must be filed at least 15 days before the hearing, subject to the stated exception for later incarceration.

(B) A Motion to Convey must be filed at least fifteen (15) days prior to the hearing date if the party or witness is incarcerated outside of Portage County, and at least seven (7) days prior to the hearing date if the party or witness is incarcerated in Portage County. (C) The above time frames may not apply if the party becomes incarcerated after the designated time periods.

CRITICAL

For the specified child abuse, neglect, or dependency objections, the objecting party must file a memorandum within 10 days after the transcript is filed with the Court.

The party objecting to the Magistrate’s Decision shall file a memorandum within ten (10) days of the filing of a transcript with the Court;

CRITICAL

Compensation and reimbursement requests must be filed within the Ohio Public Defender Commission's time guidelines.

The requests for compensation and reimbursement must be filed within the time guidelines established by the Ohio Public Defender Commission.

CRITICAL

Guardian reports are filed every two years; guardians may file annually, but annual reports are not required.

This Rule changes the interval for filing guardian’s reports from one year to two years, as required in the statute. A guardian can file reports annually, but they are not required to do so.

CRITICAL

Deadline

5 court days

The proposed entry in a contested matter is due 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.

CRITICAL

Fiduciaries are responsible for calendaring account due dates and checking them on the Court’s website; the Court does not send reminders.

Failing to file accounts on time is one of the biggest problems the Court encounters, both in decedent’s estates and in guardianships. You are responsible for managing your own calendar and knowing when your account is due. The Court no longer sends you reminders. You can verify your due dates through the Court’s website.

CRITICAL

Guardians must complete continuing education annually starting the calendar year after completing or being required to complete the fundamentals course, and no later than December 31 each year.

The guardian continuing education course requirements in Sup. R. 66.07 apply on a calendar year basis, regardless of the date of the guardian’s original appointment. Guardians must complete the required continuing education course each year, beginning in the calendar year after the guardian completed, or was required to complete, the guardian fundamentals course. The continuing education course must be completed no later than December 31 each year.

CRITICAL

A distribution report or applicable verification is due within 30 days after entry approving the settlement, subject to any approved extension.

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

A party may request an oral hearing on an objection, but must request it when filing the objection or waive oral argument.

A party may request an oral hearing on an Objection to a Magistrate’s Decision, and such request must be made at the time of filing the Objection. Failure to request an oral hearing at the time of filing will be deemed a waiver and the matter shall be decided by the Judge without oral argument.

CRITICAL

Payment requests are due within thirty days of the last court appearance, except abuse, neglect, and dependency requests are governed by subsection (F); late fee petitions may be denied.

Requests for payment for services rendered shall be submitted to the Court within thirty (30) days of the last court appearance. Abuse, neglect, and dependency case requests for payments shall be filed in accordance with subsection (F) of this Rule. Failure to submit fee petitions within the required time periods may be cause for denial of the petition by the Court.

CRITICAL

Prospective mediators must submit the required proof to the Court no later than January 31 each year.

Each prospective Mediator shall submit proof to the Court of compliance with Sup.R. 16.20-16.25 no later than January 31st of each year.

CRITICAL

The GAL report must be filed at least seven days before the hearing unless all parties waive the deadline or the Court extends it.

(D) Unless waived by all parties, or unless the due date is extended by the Court, the report shall be filed with the Court no less than seven (7) days before the hearing.

CRITICAL

The report of distribution is due within 30 days after approval entry, subject to any approved extension; failure to file the report or verification by then may result in citation.

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

A mailed or privately delivered filing is timely only if the Court receives it before the deadline expires.

The Court must actually receive the mail or delivery before expiration of the required deadline to be considered timely filed.

CRITICAL

If an emergency makes advance filing detrimental to the ward’s health, safety, or well-being, the guardian must file the application within 14 calendar days after relocation.

If the move to a more restrictive setting is an emergency, which makes filing of the application in advance of the move detrimental to the ward’s health, safety or well-being, the guardian must file the application within 14 Calendar Days after the date of relocation.

CRITICAL

If a transcript has been requested, a response to a Motion to Set Aside may be filed no later than 10 days after the later of the transcript filing or the movant’s supplemental memorandum filing.

If a request for a transcript has been filed, a person wishing to respond may do so no later than ten (10) days after the filing of the transcript or the filing of a movant’s supplemental memorandum, whichever occurs later.

WARNING

Filing an interim plan does not change the due date of the biennial guardianship plan.

Filing an interim guardianship plan does not change the due date of the biennial guardianship plan required under this Rule.

WARNING

After the grace period, a Fiduciary may apply under Rule 56.1 for an extension no later than close of business on the Monday before the citation hearing.

The Fiduciary may file an application for extension of time to file the overdue document under Rule 56.1 after the grace period, but no later than the close of business on the Monday before the citation hearing date.

WARNING

The Court’s goal is for most estate cases to close through a final and distributive account within 13 months after appointment.

The Court’s goal is to have a vast majority of estate cases closed through a final and distributive account no later than 13 months after appointment.

WARNING

The moving party may file a supplemental memorandum within ten days after the transcript is filed with the Court.

The party moving to set aside the Magistrate’s Order may file a memorandum supplementing their position no later than ten (10) days after the filing of a transcript with the Court.

WARNING

The guardian’s report should not be filed any earlier than 90 days before the actual anniversary date to avoid being treated as an interim report under subparagraph 1 below.

The guardian’s report should not be filed any earlier than 90 days before the actual anniversary date to avoid being treated as an interim report under subparagraph 1 below.

WARNING

If the Court grants the emergency guardianship, it is important to promptly file all of the necessary documents to establish a full guardianship (if necessary), as well.

If the Court grants the emergency guardianship, it is important to promptly file all of the necessary documents to establish a full guardianship (if necessary), as well.

WARNING

If a dispositive entry is not filed within 30 days after the Court is notified of settlement, the Court may administratively dismiss the case.

If a dispositive entry on a settled case is not filed within 30 days of notification to the Court, the Court may administratively dismiss the case.

WARNING

If the Monday cutoff is missed, the overdue document or a Rule 56.1 extension application may be filed up to the minute before the citation hearing begins.

If not filed by the close of business on the Monday before the citation hearing date, the Fiduciary may file the overdue document or may file an application for extension of time to file the overdue document under Rule 56.1 up to the minute before the citation hearing is scheduled to begin.

WARNING

Ordinarily, fees or other proposed receivership actions will not be approved until 14 days after service of an updated plan or report, but the court may alter that period for good cause.

(E) Ordinarily, no approval of fees or other proposed action in a receivership will occur unless 14 days have elapsed following service of an updated plan or report, in order to allow interested parties to comment or object. However, for good cause the court may alter this notice period.

WARNING

An objection concerning factual issues may be dismissed if the transcript is not filed on time.

Any Objections to factual issues may be dismissed if a transcript is not timely filed.

WARNING

The Court may dismiss a case that has been on the docket for more than six months without any proceedings.

All cases on the docket for over six (6) months without any proceedings taken therein may be dismissed by the Court.

WARNING

An extension for one education course does not change deadlines for later required courses.

An extension does not change the deadline for completing later required education courses.