Seneca County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Remote hearing request

A request for a telephone appearance must provide the party’s contact number.

The Party’s contact number shall be provided in the request.

CRITICAL

Applies to

List of ward legal papers

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

In addition to filing an inventory, if applicable, pursuant to R.C. 2111.14(A)(1) and within three months after the guardian's appointment, a guardian shall file with this Court a list of all of the ward's important legal papers, including but not limited to estate planning documents, advance directives, and powers of attorney, and the location of such legal papers, if known at the time of the filing.

CRITICAL

Applies to

Application for authority to enter contingent fee contract

Before entering a contingent-fee contract, the fiduciary must file an application for authority unless a local rule orders otherwise, and the contingent fee is subject to Court approval.

Prior to a fiduciary entering into a contingent fee contract with an attorney for services, an application for authority to enter into the fee contract shall be filed with the Court, unless otherwise ordered by Local Court Rule. The contingent fee on the amount obtained shall be subject to approval by the Court.

CRITICAL

Applies to

Subpoena

The party or attorney issuing a subpoena must attach to each subpoena the text of the rule on protections for subpoenaed persons and their response duties.

The party or attorney responsible for the issuance of a subpoena shall comply with the provision of Civ. R. 45(C) and Juvenile Rule 17(D) and shall be responsible for attaching to each subpoena the text of the rule pertaining to the protection of persons subject to subpoenas and duties in responding to subpoenas.

CRITICAL

Applies to

Insurance cards and forms

The parent responsible for insurance coverage must promptly provide the other parent with the insurance cards and forms for all available coverage benefiting the minor children.

(E) The parent obligated to provide insurance coverage shall promptly provide the other parent the insurance cards and forms for all dependents for all coverage available for the use and benefit of the minor child(ren).

CRITICAL

Applies to

Transcript request

A person seeking a transcript for an appeal or a qualifying objection must file a transcript request with the Court.

If a request for a transcript is made for the purposes of appeal or an objection filed pursuant to Juvenile Rule 40 and Civil Rule 53, the person seeking the transcript must file a request to the Court to transcribe the record.

CRITICAL

Applies to

Wrongful death settlement application

The settlement application must include a statement of facts, the amounts allocated to the claims, and the proposed distribution of wrongful-death proceeds.

An application to approve settlement and Distribution of Wrongful Death and Survival Claims (Standard Probate Form 14.0) shall contain a statement of facts, including the amount to be allocated to the settlement of the claim and the amount, if any, to be allocated to the settlement of the survival claim. The application shall include the proposed distribution of the net proceeds allocated to the wrongful death claim.

CRITICAL

Applies to

Party joinder

A motion under Civil Rule 24 requesting joinder must be filed before a new party can be joined to an existing case.

Before a new party can be joined to an existing case, a motion must be filed pursuant to Civil Rule 24 requesting same.

CRITICAL

Applies to

Guardian inventory

A guardian of the estate must file an inventory of the ward’s assets and income within three months of appointment.

Within three months of appointment, a guardian of the estate shall file an inventory of the ward’s assets and income.

CRITICAL

Applies to

Application for allowance of care and support of a minor

If the parents are financially unable to provide the items sought, the application for allowance of a minor’s care and support must allege that fact.

(C) An application for allowance of care and support of a minor shall allege, if such is the fact, that the parents are financially unable to provide the items for which the amount is sought.

CRITICAL

Applies to

Filing

A filing with a partially or wholly illegible signature may be refused or stricken unless the signer’s typewritten or printed name is clearly shown.

(D) Filings containing partially or wholly illegible signatures of counsel, parties or officers administering oaths may be refused, or, if filed, may be stricken, unless the typewritten or printed name of the person whose signature is purported to appear is clearly indicated on the filing.

CRITICAL

Applies to

Notice of admission of will

The notice must identify the probate of the will and, for a named legatee or devisee, identify that person as a beneficiary; a copy of the will need not accompany it.

The notice shall mention the probate of the will and, if a particular person being given the notice is a legatee or devisee named in the will, shall state that the person is named in the will as beneficiary. A copy of the will admitted to probate is not required to be given with the notice.

CRITICAL

Applications to conform a minor’s legal name must include the listed forms, when applicable, and the additional documentation required by Local Rule 75.9.

LOC. R. 57.15 (FORMS REQUIRED TO CONFORM LEGAL NAME OF MINOR) 1. Application to Conform Legal Name of Minor, form 21.9. 2. Affidavit in Support of Application to Conform Legal Name of Minor, form 21.09. 3. Consent to Name Conformity, form 21.13. 4. Judgment Entry Setting Hearing and Ordering Notice, form 21.11 (if necessary). 5. Notice of Hearing on Conforming Legal Name, form 21.12 (if necessary). 6. Judgment Entry Conforming Legal Name of Minor, form 21.10. 7. Release for Criminal Background Check, form 21.14. 8. Application to Waive Publication Requirement and Seal, form 21.6B (if necessary). *Please refer to Local Rule 75.9 for other documentation required in addition to those documents listed above.*

CRITICAL

Applies to

Appointed person report

(D) The Court may appoint a disinterested person, answerable to the Court, who shall investigate the circumstances surrounding the proposed transaction, view the property, ascertain whether the proposed sale is justified and report findings in writing. The report shall be a part of the record.

(D) The Court may appoint a disinterested person, answerable to the Court, who shall investigate the circumstances surrounding the proposed transaction, view the property, ascertain whether the proposed sale is justified and report findings in writing. The report shall be a part of the record.

CRITICAL

Applies to

Account

Testamentary trustee and other fiduciary accounts must itemize receipts, disbursements, distributions, and end-of-period assets and investments, with disbursements and distributions verified by vouchers or proof unless the stated corporate-fiduciary exception applies.

Every account shall include an itemized statement of all receipts of the testamentary trustee or other fiduciary during the accounting period and of all disbursements and distributions made by the testamentary trustee or other fiduciary during the accounting period. The itemized disbursements and distributions shall be verified by vouchers or proof, except in the case of an account rendered by a corporate fiduciary subject to section 1111.28 of the Revised Code. In addition, the account shall include an itemized statement of all funds, assets, and investments of the estate or trust known to or in the possession of the testamentary trustee or other fiduciary at the end of the accounting period and shall show any changes in investments since the last previous account.

CRITICAL

Applies to

Estate filing

When an estate is opened only to admit a will or file an estate tax return and no further administration is contemplated, the attorney must advise the Court in writing when filing.

Where an estate is opened for purposes of admitting the will only or filing an estate tax return only or both and no further administration is contemplated, the attorney shall so advise the Court in writing at the time of filing.

CRITICAL

Applies to

Shared parenting plan

The shared parenting plan must address which parent may claim the children as dependents for tax purposes.

Since both parties are custodial parents, the tax law is of little assistance for determining who will be entitled to claim the children as dependents for tax purposes. That issue must be addressed in the shared parenting plan.

CRITICAL

Applies to

Motion to waive filing fee

A Motion to Waive Filing Fee must be accompanied by a completed and sworn Public Defender form affidavit of indigence.

In cases of indigence, the Court may waive payment of the filing fee at the time of the filing of the pleading. The party requesting waiver must file a Motion to Waive Filing Fee accompanied by a completed and sworn to affidavit of indigence (Public Defender form).

CRITICAL

Applies to

Facsimile filing

A faxed document is accepted as the effective original filing; the filer need not submit the source document but must retain it and the source cover sheet and produce them upon request.

3. A document filed by facsimile shall be accepted as the effective original filing. The person making the filing need not file any source document with the Probate Court but must maintain in his or her records and have available for production upon request by the Court the source document filed by facsimile, with original signatures as otherwise required and under applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing.

CRITICAL

Applies to

Ex parte relief request

Requests for ex parte relief must be supported by sufficient testimony.

All requests for ex parte relief shall be supported by sufficient testimony in support of the petition.

CRITICAL

Applies to

Praecipe

Before service by posting and mail, a praecipe requesting that service must be filed with the Clerk.

Before service by posting and mail can be made, a praecipe shall be filed with the Clerk requesting service by posting and mail pursuant to this rule and Rule 16(A) of the Ohio Rules of Juvenile Procedure.

CRITICAL

Applies to

Guardian fee report

A guardian receiving fees outside the guardianship of the estate must report their source and the entity that reviewed and authorized payment.

A guardian who is in receipt of fees other than through the guardianship of the estate shall report to this Court the source and entity which reviewed and authorized payment.

CRITICAL

Applies to

Shared parenting plan

A shared parenting plan must be attached to and accompanied by a motion for shared parenting signed by one parent for a single plan or both parents for a joint plan.

All shared parenting plans must be attached to and accompanied by a Motion for shared parenting signed by one parent (in the event of a single plan) or both parents (if a joint plan).

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 hearing date is set.

CRITICAL

Applies to

Affidavit

Must include

caption

After the required posting period, the party or counsel must file a captioned affidavit stating the specified identifying and posting information and attaching an accurate full-size copy of the notice as Exhibit A.

The party or counsel causing service to be made by posting and mail pursuant to this rule shall file an affidavit, captioned in the name of the action, with the Court after posting for the required consecutive days setting forth the following information: a. The name of the party or counsel making the affidavit together with their address and telephone number. b. An accurate full-size copy of the notice that was posted at the locations as required by this rule. Said affidavit shall identify a copy of the notice annexed to the affidavit as Exhibit “A” as a fair and accurate copy of the notice that was so posted pursuant to this rule. c. Affiant shall set forth facts in the affidavit from affiant’s personal knowledge that posting was in fact made at the locations set forth in this rule for the required number of days, setting forth the dates each notice was posted, the locations that each notice was posted and the affiant personally posted said notices for the duration of the term of said posting.

CRITICAL

Applies to

Document not e filed

Conformed signatures apply only to eFiled documents; documents not eFiled must comply with Local Rules 57.1, 57.2, and 57.3.

A conformed signature pertains to eFiled documents only. Documents not being eFiled shall conform with Local Rule 57.1, 57.2 and 57.3.

CRITICAL

Applies to

E filed document

eFiled documents are considered originals, and additional originals must not be filed with the Court Clerk.

All eFiled documents shall be considered originals. Additional originals of the documents shall not be filed with the Court Clerk.

CRITICAL

Applies to

Motion to dispense with subsequent statements of expert evaluation

Must include

proposed order

A guardian may be excused from filing subsequent statements of expert evaluation by filing a motion to dispense and submitting a proposed order.

f. A guardian may be excused from filing Statements of Expert Evaluation subsequent to the initial Statement of Expert Evaluation if the guardian files with the Court a Motion to Dispense with Subsequent Statements of Expert Evaluation and submits a proposed Order regarding same (Appendix J).

CRITICAL

Applies to

Motion to reduce or waive indigent guardian compensation

For good cause, upon written motion, the Court may reduce or waive the indigent guardian compensation articulated in this local rule.

For good cause, upon written motion, the Court may reduce or waive the indigent guardian compensation articulated in this local rule.

CRITICAL

Applies to

Notice of intent to relocate

A residential parent intending to move to a different residence must file a notice of intent to relocate with the court that issued the parenting-time order or decree.

IF THE RESIDENTIAL PARENT INTENDS TO MOVE TO A RESIDENCE OTHER THAN THE RESIDENCE SPECIFIED IN THE PARENTING TIME ORDER OR DECREE OF THE COURT, THE PARENT SHALL FILE A NOTICE OF INTENT TO RELOCATE WITH THE COURT THAT ISSUED THE ORDER OR DECREE.

CRITICAL

Applies to

Wrongful death settlement application

The application must state any arrangements made for counsel fees, which are subject to Court approval.

The application shall state what arrangements, if any, have been made with respect to counsel fees. Counsel fees shall be subject to approval by the Court.

CRITICAL

Applies to

Annual guardianship plan

The Annual Plan must be filed annually as an addendum to the guardian’s report.

h. Seneca County Local Rule 66.08 requires that the Annual Plan be filed annually as an addendum to the guardian’s report.

CRITICAL

Applies to

Pro se motion

The Court will accept a pro se motion and schedule a hearing only if it meets all listed completion, legibility, copy, content, signature, notarization, service-request, and custody-order requirements; otherwise, a properly completed motion will be requested before a hearing is scheduled.

The Court will accept pro se Motions and schedule a hearing if all of the following apply: 1. The motion is completed in compliance with the Civil Rules, or on the Court’s pro se form including the case name and number; 2. The motion is typed or prepared in a clearly legible manner; 3. The original motion and one copy are provided to the Court; 4. The motion states clearly the relief sought and with particularity the grounds for the relief; 5. The motion is signed by the person seeking relief and properly Notarized; 6. A request for service is filed; and 7. The Motion clearly identifies any existing custody Orders from Seneca County or any other Court. If the motion does not include all of the above, the Court will request a properly completed pro se Motion before scheduling a hearing.

CRITICAL

Applies to

Shared parenting plan

The plan must not defer the school district decision to an agreement to be made when the child(ren) reach school age.

AGREEMENTS TO AGREE WHEN THE CHILD(REN) REACH SCHOOL AGE ARE NOT ACCEPTABLE.

CRITICAL

Applies to

Marriage license application

A minor applying for a marriage license must provide proof of marriage counseling before applying.

Pursuant to ORC §3101.05, any applicant for a marriage license who is a minor must provide proof of participation in marriage counseling prior to applying for the license.

CRITICAL

Applies to

Name conformity application

An applicant seeking name conformity must submit the application and accompanying forms required by Local Rule 57.14 or 57.16, as applicable.

An applicant seeking to conform a legal name must submit the required application and accompanying forms as described in Local Rule 57.14 or Local Rule 57.16, as applicable.

CRITICAL

Applies to

Judgment entry or court order

A Judgment Entry or Court order prepared by an attorney on the Court’s behalf must state the hearing date before the Court when applicable.

(F) All Judgment Entries or other Court orders prepared by an attorney on behalf of the Court shall contain the following: 2. The hearing date before the Court, if applicable.

CRITICAL

Applies to

Judgment entry or court order

The order must include any required statutory language, child support worksheets, or attachments.

(F) All Judgment Entries or other Court orders prepared by an attorney on behalf of the Court shall contain the following: 5. Any required statutory language, child support worksheets or attachments.

CRITICAL

Applies to

Transcript

If an objection is based in whole or in part on a factual finding or the weight of the evidence, the moving party must file a transcript of testimony within thirty days after filing the objections unless the Judge extends the time in writing.

If a finding of fact or weight of the evidence argument is part or all of the basis for the objection, a transcript of testimony is necessary to support the objection to the Magistrate’s Decision or Magistrate’s Order and must be filed with the Court by the moving party within thirty (30) days after the filing of the objections, unless the Judge, in writing, extends the time period.

CRITICAL

Applies to

Application

An adult-ward injury-claim settlement application must include a current examining physician’s statement describing the injuries, recovery, and permanency.

The application for settlement of an injury claim shall be accompanied by a current statement of an examining physician describing the injuries sustained, the extent of recovery from those injuries, and permanency of any injuries.

CRITICAL

Applies to

E filed motion

Must include

proposed order

A proposed order for an eFiled motion must be submitted separately as a “Proposed Order” 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

Shared parenting plan

A shared parenting plan must include a specific provision for sharing major holidays, vacations, birthdays, and similar occasions.

In spite of the fact that the living arrangements for the child(ren) may have been fully described, a specific provision must be included in a shared parenting plan for sharing the major holidays, vacation, birthdays, etc.

CRITICAL

Applies to

Inventory

The Court will not accept an inventory unless the required inventory and notice paperwork is provided.

The Court will not accept an Inventory unless all paperwork is provided. (Inventory 6.0, Schedule of Assets 6.1, Waiver of Notice 6.2 and/or Notice of Hearing 6.3).

CRITICAL

Applies to

Statement of expert evaluation

In guardianships based on incompetence, the guardian must file a Statement of Expert Evaluation prepared by one of the listed professionals or teams.

In all guardianships, based on incompetence, a Statement of Expert Evaluation prepared by a Licensed Physician, Licensed Clinical Psychologist, Licensed Social Worker or Developmental Disability Team shall be filed by the guardian one year after the appointment of the guardian.

CRITICAL

Applies to

Motion for continuance or extension

Must include

caption, case number

Motions for a continuance or extension of time must be written and include the proper caption and case number.

(A) Motions for continuance and extension of time shall be submitted in writing with the with the proper caption and case number.

CRITICAL

Applies to

Notice of scheduled mediation

Mediation must commence through a Notice of Scheduled Mediation identifying the date, time, place, and Mediator’s contact information.

The mediation shall be commenced via a “Notice of Scheduled Mediation” which shall, at minimum, indicate the date, time, place of mediation, and contact information for the Mediator.

CRITICAL

Applies to

Child placement form

A Child Placement Form must be completed and filed with the Clerk on the business day of, or no later than seven days after, an initial placement or change in placement.

To facilitate the Court in fulfilling its duty to provide proper notice of hearings to foster and kinship caregivers, a Child Placement Form shall be completed and filed with the Clerk the business day of or no later than 7 days following the initial placement and any change in placement of the child(ren).

CRITICAL

Applies to

Guardian ward roster

The roster must list the guardian’s wards, each case number, and the appointing Court.

The roster shall include a listing of the guardian’s wards, the case number and the appointing Court.

CRITICAL

Applies to

Shared parenting plan

The listed provisions must be included in a shared parenting plan; other provisions may be added as needed or agreed.

The following are those provisions which must be included in a shared parenting plan. Other provisions may be added as needed or agreed.

CRITICAL

Applies to

Mediator report

After mediation, the Mediator must inform 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.