Seneca County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Guardian compensation application

(B) Additional compensation for extraordinary services, reimbursement for expenses incurred and compensation of a guardian of a person only may be allowed upon an application setting forth an itemized statement of the services rendered and expenses incurred and the amount for which compensation is applied.

(B) Additional compensation for extraordinary services, reimbursement for expenses incurred and compensation of a guardian of a person only may be allowed upon an application setting forth an itemized statement of the services rendered and expenses incurred and the amount for which compensation is applied.

CRITICAL

Applies to

Inventory

When real estate is listed in an inventory, an appointment of appraiser must be filed unless the auditor’s valuation is presented instead.

(E) When an inventory is filed and real estate is listed, an appointment of appraiser must be filed, unless the auditor’s valuation of the real estate is presented to the court in lieu of an appraiser.

CRITICAL

Applies to

Personal identifier sheet

Complete a separate information sheet for each case number.

YOU MUST COMPLETE A SEPARATE INFORMATION SHEET FOR EACH CASE NUMBER.

CRITICAL

Applies to

Filing

All attorney filings, including accounts, must include the attorney's registration number and specified contact information before the case can be entered in the computer.

The attorney's Supreme Court registration number, along with the attorney's name, address, telephone number, telefax number and business email address must be included on all filings (including the accounts). This information is required before a case can be entered in the computer.

CRITICAL

Applies to

List of excluded or proposed excluded persons or entities

A guardian must promptly submit to the court a list of persons or entities excluded or proposed to be excluded from visiting or communicating with the ward.

Promptly submit a list of names to the court of any persons or entities whom the guardian has excluded or seeks to exclude from visiting or communicating with the ward.

CRITICAL

Applies to

Affidavit

Must include

caption, case number, certificate of service

The praecipe must be accompanied by a captioned affidavit containing the listed party, case, service-target, search-effort, address, and certificate-of-service information.

With the praecipe there shall be an affidavit of a party or a party’s counsel, captioned in the name of the action pending before the Court stating the following: 1. That the affiant is a party, or counsel for a party to an action filed in the Seneca County Common Pleas Court, Juvenile Division, together with their address and telephone number. 2. The caption of the case, the case number, and the nature of the action before the Court. 3. The name and date of birth of the party whose residence is unknown and is sought to be served by posting and mail. 4. A chronology of the reasonable and diligent efforts used by affiant to locate the party sought to be served by posting and mail. 5. The last known address of the party sought to be served by posting and mail. 6. A certificate of service to all parties and their respective counsel as required by the Ohio Rules of Juvenile Procedure.

CRITICAL

Applies to

Judgment entry or court order

Must include

certificate of service

Each Judgment Entry or Court order prepared by an attorney on the Court’s behalf must include a certificate of service identifying the attorneys or parties to be served and directing the Clerk to complete service.

(F) All Judgment Entries or other Court orders prepared by an attorney on behalf of the Court shall contain the following: 1. A certificate of service stating the names and address of the attorneys or parties to be served with the Court order and directing the Clerk of Courts to complete such service.

CRITICAL

Applies to

Transcript

Must include

case number

Transcripts must include specified covers, case and court identification, witness and exhibit indexes with required references, and the transcriber’s certification and completeness statement.

The transcript shall include a front and back cover; the front cover shall bear the title, case number of the case and the name of the court in which the proceedings occurred. An index of witnesses shall be included in the front of the transcript of proceedings and shall contain page and line references to direct, cross, re-direct, and re-cross examination. An index to exhibits, whether admitted or rejected, briefly identifying each exhibit, shall be included following the index to witnesses reflecting the page and line references where the exhibit was identified and offered into evidence, was admitted or rejected, and if any objection was interposed. The transcriber shall certify the transcript of proceedings as correct and shall state whether it is a complete or partial transcript of proceedings, and, if partial, indicate the parts included and the parts excluded.

CRITICAL

Applies to

Supporting affidavit

A contempt filing must include an affidavit stating the reason for contempt, identifying and attaching the allegedly violated order, and stating the claimed amount of support delinquency or unpaid medical expenses when applicable.

(C) The party filing any contempt action shall file a supporting affidavit as required by Local Rule 7.05 (A)(4). The affidavit shall set forth the claimed reason for the contempt and shall identify the specific Court Order the contemnor has allegedly violated by identifying the filing date of the order and the specific paragraph, article or section where the order may be found. A copy of the Court Order the contemnor has violated shall be attached to the affidavit. If the claim is a failure of payment of support the affidavit shall include the amount of delinquency claimed. In the event the claim is for failure to pay medical expenses, the affidavit shall include the amount of such medical expenses.

CRITICAL

Applies to

Proceeding access request

Other persons or entities seeking access to proceedings must request it in writing to the Court.

Other persons or entities seeking access to proceedings shall request access by written communication to the Court.

CRITICAL

Applies to

Motion

When a change-of-circumstances showing is required, the motion must generally identify the alleged change; merely asserting that a change occurred is insufficient.

Where a showing of a change of circumstances is required for a motion to change custody or to modify a shared parenting plan, the alleged change of circumstances shall be generally identified in the motion. It shall not be sufficient to simply state that “a change of circumstances has occurred”.

CRITICAL

If the will is not being probated, complete steps 1 through 4 and provide the original will and an Entry to file the decedent’s will without probate.

Not Probating will: Steps 1 through 4 along with the original will and Entry to file decedent’s will without probate.

CRITICAL

Applies to

Income verification

Current and past parental income and earnings must be verified electronically or with suitable supporting documents, including the listed income records.

“The parents' current and past income and personal earnings shall be verified by electronic means or with suitable documents, including, but not limited to, paystubs, employer statements, receipts and expense vouchers related to self-generated income, tax returns, and all supporting documentation and schedules for the tax returns.”

CRITICAL

Applies to

Notice of substitution or withdrawal application

Unless otherwise ordered, substitution or withdrawal requires either a filed notice signed by the withdrawing attorney, client, and substitute attorney, or a written application served on the client that shows good cause and complies with the Court’s terms.

(A) Unless otherwise ordered, the substitution or withdrawal of a trial attorney shall be permitted only upon filing with the Juvenile Court, and service on all other parties, a Notice of Substitution of Trial Attorney signed by the withdrawing attorney, the client, and a substitute trial attorney; or upon written application for substitution or withdrawal served upon the client and showing of good cause and upon such terms as the Juvenile Court shall impose.

CRITICAL

Applies to

Intestate estate filing

Intestate estate filings require the listed forms and documents, including two entries for the Appointment of Fiduciary and Letters of Authority and the hearing notice if necessary.

LOC. R. 57.7 (FORMS REQUIRED FOR INTESTATE ESTATE) 1. Application for Authority to Administer, form 4.0. 2. Surviving Spouse, Next of Kin, form 1.0. 3. Fiduciary’s bond, form 4.2 4. Waiver of Right to Administer, form 4.3. 5. Notice of Hearing on Appointment of Fiduciary, form 4.4. (if necessary) 6. Appointment of Fiduciary, Letters of Authority, form 4.5. (2 entries required)

CRITICAL

Applies to

Marriage license application

When both marriage-license applicants are 17, the Juvenile Court must have filed consent to the marriage.

Pursuant to ORC §3101.02, if both applicants are the age of seventeen years, they may be joined in marriage only if the Juvenile Court has filed a consent to the marriage pursuant to ORC §3101.04.

CRITICAL

Applies to

Guardian report

A guardian with ten or more wards must include with the Guardian’s Report form a statement about known circumstances that may disqualify the guardian from continued service.

A guardian with 10 or more wards shall include with the Guardian’s Report form, a statement indicating whether the guardian is aware of any circumstances that may disqualify the guardian from continuing to serve as a guardian.

CRITICAL

Applies to

Motion for partial attorney fees

A motion for partial attorney fees must substantiate the request using either of the two specified calculations.

The motion for payment must be substantiated with either an hourly rate charge multiplied by the number of hours or a calculation of the percentage of the estate that has been completed multiplied by the total fee permitted by the suggested schedule in Appendix B-1.

CRITICAL

Applies to

Judgment entry

A Judgment Entry that terminates or modifies support requires CSEA approval.

Should the Judgment Entry terminate or modify support, approval of the CSEA will be required.

CRITICAL

Applies to

Mediation case summary

Each party must submit a summary of the dispute’s facts and circumstances and supporting arguments to the Mediator no later than two weeks before mediation.

Each party shall submit to the Mediator a summary of facts and circumstances of the Dispute, together with any arguments in support of that party’s case, no later than two weeks prior to the scheduled mediation.

CRITICAL

Applies to

Shared parenting plan

A shared parenting plan must designate a school district.

The statutory scheme mandates the designation of a school district.

CRITICAL

Applies to

Judgment entry

The Judgment Entry addressing support must be accompanied by a Guideline worksheet and state the appropriate effective date for support payments to begin.

(D) Support shall be computed, and a copy of the Guideline worksheet shall accompany the Judgment Entry addressing the issue of support with the appropriate effective date the support is to begin being paid.

CRITICAL

Applies to

Settlement agreement

In structured settlements the settlement agreement shall contain all the requirements of Sup. R. 68 or any other document that the court may require.

In structured settlements the settlement agreement shall contain all the requirements of Sup. R. 68 or any other document that the court may require.

CRITICAL

Applies to

Application for appointment of guardian

An application to appoint a guardian on grounds of mental incompetency must include either a physician’s or clinical psychologist’s statement, or a statement documenting refusal of an examination or consent to one.

(A) All applications for the appointment of a guardian on the grounds of mental incompetency shall be accompanied by either a statement of a physician or clinical psychologist, or a statement that the prospective ward has refused to submit to an examination or that the agent of the prospective ward or other individual has refused to consent to an examination.

CRITICAL

Applies to

Guardian fee computation

Extraordinary fees must be itemized and supported by attached time records.

(itemize and attach time records)

CRITICAL

Applies to

Appraiser list application

Applicants seeking placement on the Court’s appraisers list must submit the areas in which they are qualified to appraise.

Persons asking to be put on the Court’s appraisers list need to submit the areas they are qualified in appraising.

CRITICAL

Applies to

Support computation sheet

Any deviation from the guideline-suggested amount must be explained in financial or monetary terms on line 26 of the computation sheet.

Deviations from the guideline-suggested amount must be explained in financial or monetary terms on line 26 of the computation sheet.

CRITICAL

Applies to

Schedule of assets

A Schedule of Assets must contain the legal description and parcel number.

(B) The Schedule of Assets shall contain the legal description and the parcel number.

CRITICAL

Applies to

Notice of hearing

If waivers are unsigned, Form 6.3, Notice of Hearing, must be completed, and the Court will send the notices by certified mail.

(D) If waivers are not signed, fill out form 6.3, Notice of Hearing. These notices will be sent by certified mail by the Court.

CRITICAL

Applies to

Trustee compensation application

An application for additional trustee compensation must itemize the services rendered and the compensation requested.

(B) Additional compensation for extraordinary services may be allowed upon an application setting forth an itemized statement of the services rendered and the amount of compensation requested.

CRITICAL

Applies to

Pleading or document

A pleading or document containing an individual's social security number will not be accepted for filing without prior Court approval.

The Court will not accept for filing any pleading or document which contains the social security number of an individual absent prior Court approval.

CRITICAL

Applies to

Application for extraordinary attorney fees

Applications for extraordinary attorney fees must include the fee computation and consents signed by residuary beneficiaries.

All applications for extraordinary attorney fees must include the computation of attorney fees and consents signed by residuary beneficiaries.

CRITICAL

Applies to

Application to admit lost will

The application form provides for the attorney’s and applicant’s signatures, names, addresses, and telephone numbers, and the attorney’s registration number.

____________________________ _____________________________ Attorney for Applicant’s Signature Applicant’s Signature ___________________________ _____________________________ Typed or Printed Name Typed or Printed Name ______________________________ _____________________________ Address Address ___________________________ _____________________________ City, State, Zip Code City, State, Zip Code ___________________________ _____________________________ Telephone Number (include area code) Telephone Number (include area code) ___________________________ Attorney’s Registration No.

CRITICAL

Applies to

Real estate transfer filing

A real estate transfer filing requires the Application for Certificate of Transfer, form 12.0, and two entries of the Certificate of Transfer, form 12.1.

LOC. R. 57.11 (FORMS REQUIRED FOR FILING A TRANSFER OF REAL ESTATE) 1. Application for Certificate of Transfer, form 12.0. 2. Certificate of Transfer, form 12.1. (2 entries required)

CRITICAL

Applies to

Application

The application must state any additional consideration paid to someone other than the minor as a result of the injury-causing incident.

The application shall state what additional consideration, if any, is being paid to persons other than the minor as a result of the incident causing the injury to the minor.

CRITICAL

Applies to

Contempt action

The listed contempt-action filing materials include a motion stating the basis for contempt, a Notice of Rights, a supporting brief and affidavits, a request for service, and the appropriate filing fee.

1. Motion specifically stating the basis for the contempt citation; 2. Notice of Rights; 3. Brief in Support; 4. Supporting Affidavits; 5. Request for Service; 6. Appropriate filing fee.

CRITICAL

Applies to

E filed document

The attorney who eFiles a document with a conformed signature must retain the original signed source document in hard copy.

Any document that is eFiled and contains a conformed signature must have the original signed source document retained in hard copy by the attorney who eFiled the document.

CRITICAL

Applies to

Name change application

A name-change applicant must provide photocopies of the applicant’s or minor’s birth certificate, Social Security card, and driver’s license or state-issued ID card, if any.

In support of the required forms, the applicant must provide photocopies of the following documents relating to the applicant or minor: • Birth Certificate • Social Security Card • Driver’s License or State issued ID Card (if any)

CRITICAL

Applies to

Consent judgment entry

The parties must present a fully executed Judgment Entry with a Motion stating that the entry contemplates resolving matters not before the Court on an existing Motion.

The parties will be required to present the Court a fully executed Judgment Entry accompanied by a Motion setting forth that the entry is in contemplation of resolution of matters not before the Court on existing Motion.

CRITICAL

Applies to

Income verification

The parties must comply with ORC 3119.05 when providing income verification.

The parties are required to comply with ORC 3119.05 in providing income verification.

CRITICAL

Applies to

Home study report

The home-study report must state the assessor’s opinion on the prospective adoptive person’s suitability and include additional material required by Ohio law.

The report shall contain the opinion of the assessor as to whether the person(s) who is the subject of the report is suitable to adopt a minor as well as additional material as is required under the laws of Ohio.

CRITICAL

Applies to

Filing

If counsel is a law firm, the attorney with primary responsibility for the case must execute the document.

When counsel is a firm of attorneys, a particular attorney within the firm having primary responsibility for the case shall execute the document.

CRITICAL

Applies to

Application for order to disinter remains

An application to disinter remains must include the listed forms and certificates, with certain hearing documents required if necessary.

1. Application for Order to Disinter Remains, form 25.0. 2. Entry Setting Hearing on Application to Disinter Remains, form 25.1 (if necessary). 3. Notice of Hearing to Disinter Remains, form 25.2 (if necessary). 4. Affidavit of Notice of Hearing to Disinter Remains, form 25.3. 5. Surviving Spouse and Next of Kin Identification form 6. Entry Dispensing with Setting of Hearing, (if necessary). 7. Waiver of Notice of Hearing to Disinter Remains. 8. Order to Disinter Remains, form 25.6. 9. Copy Decedent’s Birth Certificate. 10. Copy of Death Certificate.

CRITICAL

Applies to

Minor name change filing

A minor name-change filing requires the Application for Change of Name of Minor, the supporting affidavit, and the Consent to Change of Name listed in the rule.

LOC. R. 57.14 (FORMS REQUIRED FOR A CHANGE OF NAME OF MINOR) 1. Application for Change of Name of Minor, form 21.2. 2. Affidavit in Support of Application for Change of Name of Minor, form 21.02. 3. Consent to Change of Name, form 21.4.

CRITICAL

Applies to

Application relating to minor

An application relating to a minor must be submitted by the minor’s parent or parents or custodian.

Each application relating to a minor shall be submitted by the parent or parents or by the person having custody of the minor and shall be captioned in the name of the minor.

CRITICAL

Applies to

Judgment entry or court order

A final appealable Court order must include appropriate Civil Rule 54 language.

(F) All Judgment Entries or other Court orders prepared by an attorney on behalf of the Court shall contain the following: 3. Appropriate Civil Rule 54 language if the Court order is a final appealable order.

CRITICAL

Applies to

Application to admit lost will

The application must state the decedent’s date of death and domicile.

Applicant states that the Decedent died on__________________________________________ Decedent’s domicile was _______________________________________________________

CRITICAL

Applies to

Application requesting permission to record proceedings

An application to record proceedings must request permission and include the applicant’s certification of compliance and responsibility for recording costs.

The person(s) below hereby requests permission to broadcast, televise, photograph or otherwise record proceedings in the above captioned case under the provisions of Ohio Superintendence Rule 12. We hereby certify that the conditions for recording established by the Supreme Court of Ohio and such rules as are established by this Court will be complied with and any cost arising therefrom shall be borne by the undersigned applicant.

CRITICAL

Applies to

Ohio estate tax return

The preparer must calculate the subdivision’s percentage share of tax on Ohio Estate Tax Forms 2 and 5; incomplete filings may be returned.

(A) The person preparing any Ohio Estate Tax Return shall calculate the percentage of distribution of the subdivisions share of tax on both Ohio Estate Tax Forms 2 and 5. Any incomplete estate tax filings may be returned to the preparer.

CRITICAL

Applies to

Application for additional compensation

An application for additional compensation for extraordinary services must itemize the services rendered and the compensation requested.

(A) Additional compensation for extraordinary services may be allowed upon an application setting forth an itemized statement of the services rendered and the amount of compensation requested.