Seneca County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Substitution of counsel

Substitution of counsel requires a transferring-attorney certification with specified information and notices, a proposed entry, and a notice filed by accepting counsel upon acceptance.

Substitution of counsel may be approved only upon submission of the following to the Court: (A) A certification from the attorney transferring the case stating: (1) New counsel has been retained and the name, address and telephone number of newly retained counsel; (2) That the newly retained counsel or the client has received the transferring attorney’s entire file on the case, or that the client or retained counsel has been given express written notice of where and when the entire file may be examined; and (3) That a written notice containing all Court dates and deadlines has been given to the newly retained counsel or to the client who wishes to proceed pro se. (B) A proposed entry of substitution. (C) Counsel accepting the substitution shall, upon acceptance, file with the Court a notice of substitution of counsel.

CRITICAL

Applies to

Remote hearing request

A party seeking to appear by telephone must file a motion or request for a remote hearing.

Parties who wish to appear via telephone shall file a motion or request for remote hearing

CRITICAL

Applies to

Application

The minor-claim settlement application must include a current examining physician’s statement addressing the injuries, recovery, and permanency.

The application shall be accompanied by a current statement of an examining physician in respect to the injuries sustained, the extent of recovery, and the permanency of any injuries.

CRITICAL

Applies to

Ex parte request

Ex parte residential-parenthood relief before non-oral temporary orders requires good cause and adequate affidavits showing immediate or imminent risk to the child's health, safety, and welfare.

There shall be no ex parte orders for residential parenthood prior to non-oral temporary orders, except upon showing of good cause and supported by adequate affidavits indicating an immediate or imminent risk to the health, safety and welfare of the child if the requested relief is not granted.

CRITICAL

Applies to

List of ward legal papers

Within three months of appointment, the guardian must file a list of the ward’s known important legal papers and their locations.

Within three months of appointment, the guardian shall file a list of all of the ward’s known important legal papers, including but not limited to estate planning documents, advance directive and the location of such papers.

CRITICAL

Applies to

Real estate appraiser approval application

Applicants seeking approval as real-estate appraisers must submit an Ohio real-estate license or qualifying appraisers-association membership.

The following persons shall be approved by the Court as qualified appraisers of real Estate when they submit to the court their State of Ohio Real Estate License or their Membership to the National or State of Ohio Appraisers Association.

CRITICAL

Applies to

Application relating to minor

Each application must state the amount of money or property to which the minor is entitled and identify the person to whom it should be paid or delivered.

Each application shall indicate the amount of money or property to which the minor is entitled and to whom such money or property shall be paid or delivered.

CRITICAL

Applies to

Guardian annual compensation application

A guardian seeking annual compensation must apply in writing.

(B) Annual Compensation – Upon written application, $200.00 per year.

CRITICAL

Applies to

Motion

Motions must be commenced with the listed filings, including a supporting memorandum, applicable child custody affidavit, service request, personal identifier sheet, and any applicable shared parenting plan.

All Motions shall be commenced by the filing of the following: 1. Motion; 2. Memorandum in Support; 3. Child Custody Affidavit (in all actions except support); 4. Request for Service; 5. Personal Identifier Sheet (Appendix D); 6. The appropriate filing fee (Appendix A), per case, per child; 7. All Shared Parenting Plans must be filed pursuant to Ohio Revised Code §3109.04 and Local Rule 7.04 (D). 8. In any case that involves a request for custody to a person other than a parent, the Moving party shall provide to the Court sufficient information to determine the child’s “school district of residence," as defined by ORC 3313.64.

CRITICAL

Applies to

Mediator report

At the conclusion of mediation, the mediator must report to the Court who attended and whether the case settled.

At the conclusion of any mediation, the Mediator will inform the Court, in compliance with Ohio Revised Code §2710.06, who attended the mediation and whether the case has settled.

CRITICAL

Applies to

Certificate of termination of estate

In lieu of a final account for the specified estate, the administrator or executor must file a certificate of termination stating the required information.

In lieu of filing a final account, the administrator or executor of an estate of that type shall be discharged by filing with the Court within thirty days after completing the administration of the estate a certificate of termination of an estate that states all of the following: 1. All debts and claims presented to the estate have been paid in full or settled finally. 2. That all estate tax returns, if any, have been filed and estate tax has been paid. 3. All attorney’s fees have been waived by or paid to counsel of record of the estate, and all executor or administrator fees have been waived or paid. 4. The amount of attorney’s fees and the amount of administrator or executor fees that have been paid. 5. That all the remaining assets have been distributed to the sole legatee, devisee, or heir.

CRITICAL

Applies to

Name change application

Unless specifically pleaded in a parentage action under ORC 3111.04, a minor's name change requires an application filed in the Probate Court of the county where the child resides.

Unless specifically plead as part of a parentage action filed pursuant to ORC 3111.04, name changes for minors are governed by ORC 2717.01. In order to properly effectuate a name change, a person must file an application in the Probate Court of the county in which the child resides.

CRITICAL

Applies to

Land sale proceeding

Before an order finding a land sale necessary is issued, the plaintiff must file qualifying evidence of title showing the premises’ record title condition, dated after the complaint was filed.

(A) In all land sale proceedings, the plaintiff, prior to the issuance of an order finding the sale necessary, shall file with the Court evidence of title showing the record condition of the title to the premises described in the complaint and prepared by a title company licensed by the state of Ohio, an attorney's certificate, or other evidence of title satisfactory to the Court. Evidence of title shall be to a date subsequent to the date on which the complaint was filed.

CRITICAL

Applies to

Guardian establishment compensation application

A guardian seeking establishment compensation must apply in writing after the initial appointment.

(A) Establishment Compensation – Upon written application, after the initial appointment of the guardian, $200.00.

CRITICAL

Applies to

Private sale statement

Before confirmation of a private sale, the fiduciary must file a statement addressing the effort to obtain the best price and the price obtained.

Before the Probate Court confirms a sale made under an order of private sale, the fiduciary shall file a statement indicating that the private sale was made after diligent endeavor to obtain the best price for the property and that the private sale was at the highest price he could get for the property.

CRITICAL

Applies to

E filed motion

Must include

proposed order

A proposed order for an eFiled motion must be submitted separately and presented for approval after the motion is accepted.

All proposed orders corresponding to an eFiled motion must be submitted separately as a “Proposed Order.” Proposed Orders shall be presented to the Judge or Magistrate for approval after the acceptance of the eFiled motion.

CRITICAL

Applies to

Settlement agreement

Settlement agreements must be filed before a hearing date is set, with waiver allowed only in the most extraordinary circumstances.

All settlement agreements shall be filed with the Court before a hearing date is set. This rule will be waived only in the most extraordinary circumstances.

CRITICAL

Applies to

Judgment entry

If the opposing party takes no action within 14 days, the preparer must submit the judgment entry with the notation “Submitted but not returned”.

If the opposing party fails to take any action on the judgment entry within 14 days, the preparer shall submit the entry with the notation, “Submitted but not returned”.

CRITICAL

Applies to

Final account

Final accounts must be accompanied by the required receipts, waivers, notices, and claim-payment documentation; a cancelled check and bank statement may be submitted if a satisfaction or release cannot be obtained.

When a final account is presented for filing all receipts, waivers and/or notices must be filed. If a rejection of Claim or insolvency has not been filed with the Court prior to the filing of the final account, then a satisfaction or release of Claim against the Estate must be filed by Claimant with the Court before filing of the final account. If a satisfaction or release of Claim against the Estate cannot be obtained, then the Court will accept a copy of the cancelled check AND bank statement showing proof the Claim was paid for the exact amount. If not all filings listed above are provided to the Court, an extension of time needs to be filed. The Court will not accept final accountings without all necessary paperwork.

CRITICAL

Applies to

Account

Every account must be signed by the testamentary trustee or other fiduciary, although the Court may allow an account rendered by multiple fiduciaries to be signed by only one.

(E) Every account shall be upon the signature of the testamentary trustee or other fiduciary. When two or more testamentary trustees or other fiduciaries render an account, the Court may allow the account upon the signature of one of them.

CRITICAL

Applies to

JFS 04001 request for case information

When necessary, a JFS 04001 form must be completed and provided to the CSEA with the request for information.

If necessary, in accordance with Ohio Administrative Code Rule 5101:12-20, a JFS 04001 (Request for Case Information) form shall be completed and provided to the CSEA with the request for information.

CRITICAL

Applies to

Guardian affidavit

Each appointed guardian must execute an affidavit affirming the specified criminal-charge and conviction information.

(2) Require each guardian appointed by the court to execute an affidavit affirming the applicant has no pending misdemeanor or felony charges, has not been convicted of or pleaded guilty to any misdemeanor or felony offense, and shall notify the court within seventy-two hours of any change to the information contained in the affidavit.

CRITICAL

Applies to

Complaint

A land-sale complaint must name all interested parties as defendants, including the specified county treasurers.

All interested parties in a land sale proceeding shall be named as defendants in the complaint (including the Treasurer of Seneca County and the Treasurer of any other Ohio County if selling land outside of Seneca County)

CRITICAL

Applies to

Jury trial request

Jury trial requests must comply with Civil Rules 38 and 39.

All jury trial requests shall be in compliance with Civ. R. 38 and 39.

CRITICAL

Applies to

Final account

A final account must include waivers from all residuary beneficiaries.

Waivers are required by all residuary beneficiaries on a final account.

CRITICAL

Applies to

Name change application

A name-change applicant must submit the application and accompanying forms required by Local Rule 57.14 or 57.15, as applicable.

An applicant seeking a name change must submit the required application and accompanying forms as described in Local Rule 57.14 or Local Rule 57.15, as applicable.

CRITICAL

Applies to

Affidavit of indigency

The applicant or guardian must file an Affidavit of Indigency when requesting a court-cost waiver or compensation from the Indigent Guardianship Fund.

The applicant or the guardian must file with the Court an Affidavit of Indigency, if the waiver of court costs is being requested or payment of compensation from the Indigent Guardianship Fund is being requested.

CRITICAL

Applies to

E filed document

An eFiled document requiring a signature must include the signature on the source document at submission or use a conformed “/s/” signature followed by the signer’s name where the signature appears in the signed source document.

Any eFiled document requiring a signature shall either contain the signature on the source document at the time of submission or shall be submitted with a conformed signature with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.

CRITICAL

Applies to

Lost spoliated or destroyed will probate application

An application to probate a lost, spoliated, or destroyed will must include the prescribed testate-estate forms, the specified probate application, and a Judgement Entry Setting Hearing (Appendix L).

An application to admit a lost, spoliated or destroyed will to Probate must be accompanied by all other prescribed forms necessary to begin the administration of a testate estate, along with the Application to Probate Lost Spoliated or Destroyed Will, and a Judgement Entry Setting Hearing (Appendix L).

CRITICAL

Applies to

Previously deposited will

Previously deposited wills must be filed in the estate proceedings for record purposes only.

Wills deposited pursuant to section 2107.07 of the Revised Code previous to the will offered for probate shall be filed in the estate proceedings for record purposes only.

CRITICAL

Applies to

Guardian annual filings

The guardian must continue filing the annual reports and guardianship plans when due.

The guardian shall continue to file annual Guardian’s Reports (Standard Probate Form 17.7) and Annual Guardianship Plans of Person and/or Annual Guardian Plans of Estate (Standard Probate Forms 27.7 and 27.8) as due.

CRITICAL

Applies to

Asset exhibition

The rule permits specified financial records or certifications to exhibit or verify cash and other assets, and requires specified certification for certain inventories.

(2) Cash balances may be verified by exhibiting a financial institution statement, passbook, or a current letter from the financial institution in which the funds are deposited certifying the amount of funds on deposit to the credit of the fiduciary. Assets held in a safe deposit box of a fiduciary or by a surety company on a fiduciary’s bond may be exhibited by filing a current inventory of the assets. The inventory shall be certified by the manager of the safe deposit box department of the financial institution leasing the safe deposit box or by a qualified officer of the surety company if the assets are held by a surety. If the assets are held by a bank, trust company, brokerage firm, or other financial institution, exhibition may be made by proper certification as to the assets so held.

CRITICAL

Applies to

Attorney representation notice

An attorney must notify the Court in writing immediately upon representing a juvenile or a party in a civil or criminal action.

(A) It is the duty of any attorney upon representation of a juvenile or a party in any civil or criminal action to immediately notify the Court of such representation in writing.

CRITICAL

Applies to

Marriage license application

Each marriage-license applicant must provide photo identification and the listed identifying and personal information.

Proof of Identification: In addition to a photo ID, each applicant must supply the Court with his/her current name, Social Security Number, address, age, date of birth, place of birth, occupation, the name of his/her father, the maiden name of his/her mother if known, and the name of the person who is expected to solemnize the marriage.

CRITICAL

Mediation involving alleged, suspected, or present violence or fear of violence may proceed only if the potential victim is informed orally and in writing about the process, the right to decline, and the right to have a support person present in addition to an attorney.

1. The person who is or may be the victim of domestic violence is fully informed, both orally and in writing, about the mediation process, his or her right to decline participation in the mediation process, and his or her ability to have a support person, in addition to an attorney, present at mediation sessions;

CRITICAL

Applies to

Guardian inventory

A guardian’s expenditure of funds cannot be approved until Form 15.5 has been filed and Form 15.7 has been approved.

The expenditure of funds by a guardian shall not be approved until a Guardian’s Inventory (Form 15.5) has been filed and an Application to Expend Funds (Form 15.7) has been approved.

CRITICAL

Applies to

Claim rejection

When a claim is filed under section 2117.06, the fiduciary must file a copy of any rejection with the Court.

When a claim has been filed with the Court pursuant to section 2117.06 of the Revised Code, the fiduciary shall file a copy of any rejection of claim with the Court.

CRITICAL

Applies to

Guardian qualification documentation

Each appointed guardian must submit information documenting compliance with the applicable guardian qualifications.

(4) Require each guardian appointed by the court to submit to the court information documenting compliance with the guardian qualifications pursuant to Sup. R. 66.06 or 66.07, as applicable.

CRITICAL

Applies to

Motion for relief or to set aside

A party seeking to contest a temporary order granting temporary residential-parent status must file an appropriate motion for relief or motion to set aside.

If either party wishes to contest a temporary order granting temporary residential parent status, the party shall file a motion for relief or motion to set aside, as appropriate.

CRITICAL

Applies to

Court order

If an order grants Legal Custody to a non-parent under the cited statutes, it must identify the school district responsible for the child’s education costs.

7. If the Order includes Legal Custody to a non-parent, pursuant to ORC 2151.362 and ORC 3313.64, the school district to bear the cost of education of the child shall be identified.

CRITICAL

Applies to

Summary release filing

IF YOU HAVE A WILL THE ABOVE APPLIES ALONG WITH THE FOLLOWING: Probating will: Application to Probate Will, form 2.0 Waiver of Notice of Probate of will, form 2.1 Certificate of Service of Notice of Probate of Will, form 2.4 Notice of Probate of Will, form 2.2

IF YOU HAVE A WILL THE ABOVE APPLIES ALONG WITH THE FOLLOWING: Probating will: Application to Probate Will, form 2.0 Waiver of Notice of Probate of will, form 2.1 Certificate of Service of Notice of Probate of Will, form 2.4 Notice of Probate of Will, form 2.2

CRITICAL

Applies to

Original transcript

The Court Reporter must file every original transcript with the Clerk, where it becomes part of the official case record.

All original transcripts produced shall be filed with the Clerk by the Court Reporter and become a part of the official Court record of a case.

CRITICAL

Applies to

Shared parenting plan

The physical living arrangements section must describe the child(ren)’s regular schedule in each parent’s home.

This section needs to describe the regular living schedule of the child(ren) in each parent’s home.

CRITICAL

Applies to

Entry

Unless the Court orders otherwise, when no guardian has been appointed to receive a minor’s estate or injury settlement, the minor’s attorney must prepare an entry ordering deposit in the minor’s name, impoundment of principal and interest, and release only by court order or when the minor reaches majority.

Unless the Court otherwise orders, if no guardian has been appointed for either the receipt of an estate of a minor or the receipt of a settlement for injury to a minor, the attorney representing the interests of the minor shall prepare an entry that orders all of the following: (1) The deposit of the funds in a financial institution in the name of the minor; (2) Impounding the principal and interest; (3) Releasing the funds only upon an order of the Court or to the minor at the age of majority.

CRITICAL

Applies to

Summary release filing

A summary release filing requires the listed forms and documents, including two entries granting the summary release.

LOC. R. 57.9 (FORMS REQUIRED FOR FILING A SUMMARY RELEASE) 1. Application for Summary Release from Administration, form 5.10. 2. Surviving Spouse, Next of Kin, form 1.0. 3. Entry Granting Summary Release from Administration, form 5.11. (2 entries required) 4. Copy of paid funeral bill.

CRITICAL

Applies to

Application to admit lost will

The applicant states that will witnesses and persons with relevant and material knowledge will appear to testify before the Court.

The Applicant will further cause all persons who witnessed the will, or who have relevant and material knowledge about the will, to appear before this Court to give testimony.

CRITICAL

Applies to

Application

The application must be filed with the Court before a hearing date is set.

The application must be filed with the Court before a hearing date is set.

CRITICAL

Applies to

Motion in contempt

(A) A Motion in Contempt shall be commenced by the moving party filing the following:

(A) A Motion in Contempt shall be commenced by the moving party filing the following:

CRITICAL

Applies to

Current support records

Before a hearing regarding an existing child support obligation, counsel or the parties must obtain current CSEA support records showing payment history, arrearages, and administrative fees.

(A) Prior to all hearings regarding existing child support obligations, Counsel and/or parties shall obtain current support records from the CSEA, prior to the day of hearing, to reflect payment history, the amount of any assigned and/or unassigned arrearages, and Administrative fees.

CRITICAL

Applies to

Courtroom recording permission request

Requests for permission to broadcast, televise, record, or photograph in the courtroom shall be in writing to the Court as far in advance as reasonably practical, but in no event later than twenty-hour (24) hours prior to the Courtroom session to be broadcast or photographed unless otherwise permitted by the Court. Such requests shall be made a part of the record of the proceedings.

Requests for permission to broadcast, televise, record, or photograph in the courtroom shall be in writing to the Court as far in advance as reasonably practical, but in no event later than twenty-hour (24) hours prior to the Courtroom session to be broadcast or photographed unless otherwise permitted by the Court. Such requests shall be made a part of the record of the proceedings.