Seneca County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Written health expense statement

The custodial parent must promptly give the other parent a written statement identifying each child's health-related expense, including its date, cost, service, and provider.

The custodial parent shall promptly notify the other parent by written statement of the date, cost, service provided, and by whom for each child of all medical, dental or other health related expenses.

CRITICAL

Applies to

E filing

All eFilings must conform to the Ohio Rules of Civil Procedure.

All eFilings shall conform to the Ohio Rules of Civil Procedure

CRITICAL

Applies to

Application

The minor-claim settlement application must be captioned in the minor’s name.

The application shall be captioned in the name of the minor.

CRITICAL

Applies to

Motion for attorney fees

A motion for reasonable attorney fees must state its legal basis and include evidence that the hours were necessary and the requested amount is reasonable.

(B) A Party motioning for reasonable attorney fees must articulate to the Court the legal basis for such a request and offer evidence in support of said motion. The party requesting the attorneys’ fees has the burden of providing evidence that the hours worked were necessary to the action and that the amount of the fees is reasonable.

CRITICAL

Applies to

Account

Every account must itemize receipts, disbursements, distributions, end-of-period funds and assets, and changes in investments since the prior account.

(B) Every account shall include an itemized statement of all receipts of the administrator or executor during the accounting period and of all disbursements and distributions made by the executor or administrator during the accounting period. In addition, the account shall include an itemized statement of all funds, assets, and investments of the estate known to or in the possession of the administrator or executor at the end of the accounting period and shall show any changes in investments since the last previous account.

CRITICAL

Applies to

Shared parenting plan

If no child support is exchanged or the amount is significantly below the guideline amount, the plan must provide for appropriate sharing of the children’s financial expenses.

Where no child support is being exchanged or the child support to be exchanged is significantly less than the guideline amount, a provision for an appropriate sharing of financial expenses of the child or children, including but not limited to employment related child care, clothing, school fees, camp or sports fees, lessons and extracurricular activities, needs to be included.

CRITICAL

Applies to

E filed document

The eFiler must retain the source document and make it available for Court inspection upon request.

The eFiler must maintain possession of the source document and make it available for inspection by the Court upon request.

CRITICAL

Applies to

Release administration filing

Release administration filings require the listed forms and documents, with the notice if needed and two entries for the Entry Relieving Estate from Administration.

LOC. R. 57.8 (FORMS REQUIRED FOR RELEASE ADMINISTRATION) 1. Application to Relieve Estate from Administration, form 5.0. 2. Surviving Spouse, Next of Kin, form 1.0. 3. Assets & Liabilities of Estate to be Relieved from Administration, form 5.1. 4. Waiver of Notice of Application to Relieve Estate from Administration, form 5.2. 5. Notice of Application to Relieve Estate, if needed, form 5.3. 6. Entry Relieving Estate from Administration, form 5.6. (2 entries required) 7. Report of Distribution, form 5.9.

CRITICAL

Applies to

Lost will probate verification of service

The applicant must file the Verification of Service (Appendix M) with the Court at least five calendar days before the hearing.

The applicant must file the Verification of Service (Appendix M) with the Court no later than five (5) calendar days before the hearing.

CRITICAL

Applies to

Temporary allocation request

A parent's request for temporary allocation of parental rights and responsibilities must include a supporting memorandum and child custody affidavit.

Request for temporary allocation of parental rights and responsibilities shall be made by either parent, with a memorandum in support thereof and a child custody affidavit.

CRITICAL

Applies to

Motor vehicle transfer filing

A motor vehicle transfer filing requires the Application for Certificate of Transfer of Motor Vehicle, form 9.C.

LOC. R. 57.10 (FORMS REQUIRED FOR FILING A TRANSFER OF MOTOR VEHICLE) 1. Application for Certificate of Transfer of Motor Vehicle, form 9.C.

CRITICAL

Applies to

Withdrawal of counsel

Withdrawal of counsel requires a certification stating the reason, the file’s status, notice of all Court dates and deadlines, and the case explanation and consequences, including possible contempt for failure to appear.

Withdrawal of counsel may be approved only upon submission of the following to the Court: (A) A certification from the attorney seeking to withdraw from the case stating: (1) The reason for the need to withdraw; (2) That the client has received the withdrawing attorney’s entire file on the case, or that the client has been given express written notice of where and when the entire file may be examined; (3) That a written notice containing all Court dates and deadlines has been given to the client; and (4) That the attorney has given the client an explanation of the case and the consequences of this action; including notice to the client that if he/she fails to appear personally, or through counsel, at any scheduled event in the case, the Court may hold the client in contempt of Court.

CRITICAL

Applies to

Application to release funds

Funds in the ward’s name may not be released to the guardian without approval of Form 15.6 or another specific court order.

Funds in the name of the ward shall not be released to the guardian without the approval of an Application to Release Funds (Form 15.6) or other specific court order.

CRITICAL

Applies to

Notice and certificate of notice

The notice and certificate of giving notice or waiver of notice must be given or filed by one of the specified persons.

The notice of the admission of the will to probate and the certificate of giving notice or waiver of notice shall be given or filed by the fiduciary for the estate or by the applicant for the admission of the will to probate, the applicant for a release from administration, any other interested person, or the attorney for the fiduciary or for any of the preceding persons.

CRITICAL

Applies to

Motion

Every motion must state its grounds with particularity and clearly identify the relief or order sought.

All motions shall state with particularity the grounds and shall clearly state the relief or order sought.

CRITICAL

Applies to

Adoption

Adoption filings must include the listed forms, certificates, consents, orders, and notices, with publication documents required when publication is necessary and two certificates of adoption required.

1. The original petition for adoption, form 18.0. 2. Certified copy of birth certificate. 3. Consents, form 18.3. Consent of CASA Consent of Judge if permanent custody Consent of agency – if agency placed Consent to be signed by biological mother Consent to be signed by biological father Consent of minor age 12 years or older must be executed in the presence of the court 4. Entry Finding Consent Not Necessary, form 18.4. 5. Affidavit for Publication and Order for Publication – to be filed if publication is necessary. 6. Petitioner’s Account, form 18.9. 7. Orders for Hearing, Notice and for Appointment of Investigator, form 18.1. 8. Final Order of Adoption, form 18.7. 9. Notice to Child Support Enforcement Agency, form 19.4 10. Certificate of Adoption – State of Ohio Department of Health, form HEA 2757. (2 required)

CRITICAL

Applies to

Trustee compensation schedule

A separate trustee-compensation computation schedule conforming to Appendix D must be filed with the Court when the fee is paid.

A separate schedule of the computation of trustee’s compensation shall be filed conforming to the form in Appendix D and filed with the Court at the time of payment of said fee.

CRITICAL

Applies to

Written information request

A written information request must include a signed release, and a parent or legal custodian must also sign if the juvenile is under 18.

Written requests may be hand delivered, mailed or faxed to the Court and must be accompanied by a signed release of information. A copy of the Juvenile Prior sheet will be the only information provided. If the juvenile is under the age of eighteen (18), a parent or legal custodian must also sign the release.

CRITICAL

Applies to

Request

A proposed entry must be submitted with the request.

A proposed entry must accompany the request.

CRITICAL

Applies to

Marriage license application

Applicants must present documentary proof of age using one of the listed records or documents.

All applicants must present documentary proof of age in the form of any one of the following: 1. Copy of birth record; 2. A birth certificate; 3. A baptismal record showing date of birth; 4. A passport; 5. A license or permit to operate a motor vehicle; 6. Any government or school issued identification card showing date of birth; 7. An immigration record showing date of birth; 8. A naturalization record showing date of birth; 9. A court record or other government issued document showing date of birth

CRITICAL

Applies to

Pre trial memorandum or brief

When requested by the Court, each party must file a pre-trial memorandum or brief stating its factual and legal case and identifying anticipated legal issues.

If requested by the Court, each party shall file pre-trial memorandums or briefs with the Court stating their respective case, both factual and legal, and bring to the Court’s attention any anticipated legal issues which counsel expects to arise during the trial.

CRITICAL

Applies to

Written report

If information about the legal papers changes or other important papers become known, the guardian must report the new information to the Court in writing within thirty days of discovery.

If it becomes known to the guardian that such information has changed or the existence of other important legal papers becomes known, the guardian shall report that new information to the Court in writing within thirty days of discovery.

CRITICAL

Applies to

Report

The report must be signed and dated by the Commissioner or Attorney and an employee of the institution holding the safe deposit box.

The report shall be signed and dated by the Commissioner/Attorney, as well as by an employee of the institution where the safe deposit box is located.

CRITICAL

Applies to

Application to sell personal property

An application to sell personal property must include an adequate description of the property.

An application to sell personal property shall include an adequate description of the property.

CRITICAL

Applies to

Waivers

All residuary beneficiaries and the attorney of record must sign the waivers.

(C) Waivers need to be signed by all residuary beneficiaries and attorney of record.

CRITICAL

Applies to

Account

(C) In estate of decedents in which the sole legatee, devisee, or heir is also the administrator or executor of the estate, no partial accountings are required, and the administrator or executor shall not file a final account or final and distributive account.

(C) In estate of decedents in which the sole legatee, devisee, or heir is also the administrator or executor of the estate, no partial accountings are required, and the administrator or executor shall not file a final account or final and distributive account.

CRITICAL

Applies to

Request

The request must include an affidavit or other sufficient proof that notice or public access would jeopardize the applicant’s personal safety.

affidavit or other sufficient proof that notice of the hearing or public access to the record would jeopardize the applicant’s personal safety.

CRITICAL

Applies to

Proposed judgment entry

Unless the Court directs otherwise, prevailing counsel must prepare and submit a proposed judgment entry, and noncompliance may result in dismissal or the Court preparing the entry.

(F) Unless the Court otherwise directs, counsel for the party in whose favor a judgment is rendered, shall prepare the proposed judgment entry and submit the original to the Court with a copy to counsel for the opposing party. The proposed judgment entry shall be submitted within seven days after the judgment is rendered. Counsel for the opposing party shall have seven days to object to the Court. If the party in whose favor a judgment is rendered fails to comply with this division, the matter may be dismissed or the Court may prepare and file the appropriate entry.

CRITICAL

Applies to

Certificate of service of notice of probate of will

A fiduciary administering a testate estate must file Standard Probate Form 2.4 within 120 days of appointment or face removal proceedings.

Fiduciaries appointed to administer testate estates shall file a Certificate of Service of Notice of Probate of Will (Standard Probate Form 2.4) within one hundred twenty days of their appointment or be subject to removal proceedings.

CRITICAL

Applies to

Notice

The requesting party or counsel must post the notice in a conspicuous place, and the notice must contain the information required for newspaper publication under Juvenile Rule 16(A).

Upon the filing of the praecipe and affidavit seeking service by posting, the Clerk of the Common Pleas Court of Seneca County, Ohio, Juvenile Division, shall cause service to be made pursuant to Rule 16(A) of Ohio Rules of Juvenile Procedure by instructing the party or counsel for said party seeking service by posting and mail to post in a conspicuous place, on yellow paper, not smaller than 8 ½ by 11 in size, a notice containing the same information required in a newspaper publication as set forth in Rule 16(A) of Ohio Rules of Juvenile Procedure. This notice shall be posted by the party seeking service by posting and mail in a conspicuous place, on

CRITICAL

Applies to

Guardian continuing education compliance documentation

A guardian must provide the Court timely documentation showing compliance with the continuing education requirement.

The guardian is responsible for providing to the Court in a timely manner documentation that establishes compliance with the guardian continuing education requirement.

CRITICAL

Applies to

Shared parenting plan

The shared parenting plan must designate responsibility for health insurance and payment of specified uninsured expenses.

The shared parenting plan must include: (1) designation of one or both parents to provide health insurance; and (2) designation of the responsibility for payment of uninsured medical, dental and optical expenses, and psychological expenses.

CRITICAL

Applies to

Conflict of interest report

A guardian must report all actual or apparent conflicts of interest to the Court for review of whether a waiver is in the ward’s best interest.

A guardian shall avoid actual or apparent conflicts of interest regarding a ward's personal or business affairs. A guardian shall report to this Court all actual or apparent conflicts of interest for review and determine as to whether a waiver of the conflict of interest is in the best interest of the ward.

CRITICAL

Applies to

Application for authority to expend funds

An Application for Authority to Expend Funds cannot be approved until an Inventory has been filed.

(B) An Application for Authority to Expend Funds (Standard Probate Form 15.7) shall not be approved until an Inventory (Standard Probate Form 15.5) has been filed.

CRITICAL

Applies to

Shared parenting plan

A shared parenting plan must include a support computation sheet prepared using the appropriate guideline calculation.

A support computation sheet must be prepared as part of a shared parenting plan utilizing appropriate guideline calculation.

CRITICAL

Applies to

Motion for continuance or extension

Must include

proposed order

A motion for a continuance or extension of time must be filed with a proposed entry that leaves the time and date blank for the Court.

(C) A proposed entry shall be filed with a motion for continuance or extension of time, leaving the time and date blank for the Court to set a new date.

CRITICAL

An application to conform an adult’s name must include the listed forms, when applicable, and the additional documentation required by Local Rule 75.9.

LOC. R. 57.17 (FORMS REQUIRED TO CONFORM NAME OF ADULT) 1. Application to Conform Legal Name of Adult, form 21.7. 2. Affidavit in Support of Application to Conform Legal Name of Adult form 21.07. 3. Judgment Entry Setting Hearing and Ordering Notice, form 21.11. 4. Notice of Hearing on Conforming Legal Name, form 21.12 (if necessary). 5. Judgment Entry Conforming Legal Name of Adult, form 21.8. 6. Release for Criminal Background Check, form 21.14. 7. 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

Appraiser application

An independent application for a specialty appraiser, accompanied by a statement of the appraiser’s qualifications in that specialty, must be submitted when valuing property other than realty.

When it is necessary to determine the value of property other than realty, including but not limited to coins, stamps, books, art, there shall be submitted to the Court an independent application for an appraiser in that particular field along with a statement of his/her qualifications in such specialty.

CRITICAL

Applies to

Facsimile cover page

A facsimile filing must include a cover page with the listed court, case, transmission, and filer information.

5. The person filing a document by facsimile shall also provide therewith a cover page containing the following information: 1. The name of the Court; 2. The caption of the case; 3. The case number; 4. The assigned Judge/Magistrate; 5. The title of the document being filed; 6. The date of transmission; 7. The transmitting fax number; 8. An indication of the number of pages in transmission including the cover page; 9. The name, address, telephone number, fax number, Supreme Court Registration Number, if applicable, and the e-mail address of the person filing the document, if available.

CRITICAL

Applies to

Motion for nonparent custody

In a case seeking custody for a nonparent, the moving party must provide enough information for the Court to determine the child's school district of residence.

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

Fax filing cover page

Must include

caption, judge name, case number

A fax filing must include a cover page identifying the Court, case caption and number, assigned Judge or Magistrate, and document title.

The person filing a document by fax shall also provide therewith a cover page containing the following information: 1. The name of the Court; 2. The caption of the case; 3. The case number; 4. The assigned Judge/Magistrate; 5. The title of the document being filed;

CRITICAL

Applies to

Motion for payment

At the conclusion of their duties, Guardians Ad Litem must submit a motion for payment itemizing their duties, time, costs, and expenses.

Guardians Ad Litem shall submit a motion for payment upon conclusion of their duties. The Motion shall itemize the duties performed, time expended, and costs and expenses incurred pursuant to Sup.R. 48.03(H)(1).

CRITICAL

Applies to

Notice of scheduled mediation

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

(D) 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

Entry

The entry must be presented when the entry dispensing with appointment of a guardian or approving settlement is approved.

The entry shall be presented at the time the entry dispensing with appointment of a guardian or approving settlement is approved.

CRITICAL

Applies to

Marriage license application

An applicant whose spouse is deceased must provide a copy of the death record or certificate.

If either applicant’s spouse is deceased, a copy of the death record/certificate is required.

CRITICAL

Applies to

Public records denial

A denial of a valid public-records request must include an explanation, which must be written if the request was written.

Any denial of public records in response to a valid request must be accompanied by an explanation. If the request is in writing, the explanation must also be in writing.

CRITICAL

Applies to

Emergency guardianship filing

Emergency guardianship filings must include the listed forms, completed and filed with the court.

The following forms shall be completed and filed with the Court. Form # Name 15.0 Next of Kin of Proposed Ward 15.1 Waiver of Notice and Consent 15.2 Fiduciary’s Acceptance 15.4 Letters of Guardianship 17.0 Application for Appointment of Guardian of Alleged Incompetent 17.1A Supplemental For Emergency Guardian of Person 17.1 Statement of Expert Evaluation 17.3 Notice to Prospective Ward of Application and Hearing Affidavit of Indigency

CRITICAL

Applies to

Verification of service

The verification of service must have proofs of service and/or waivers of notice attached.

Attached hereto are the proofs of service and/or waivers of notice.

CRITICAL

Applies to

Name conformity application

A name-conformity applicant must submit photocopies of all relevant official identity documents, including the listed documents and any other documents for which conformity is sought.

In support of the required forms the applicant must provide photocopies of all official identity documents relating to the applicant or minor with the application, including: • Birth Certificate • Social Security Card • Driver’s License or State issued ID Card (if any) • Marriage Record (if any) • Divorce Decree (if any) • Passport (if any) • All other documents for which name conformity is sought

CRITICAL

Applies to

Visitation modification motion

Children may not be relocated out of state without a modified visitation order; parents may submit an agreed order, or, if they cannot agree, the moving parent must file a motion, set a hearing, and obtain an order before relocating.

Neither parent shall relocate the children out of state without first obtaining a modified visitation order. The parties may submit an agreed order modifying visitation, with a provision for allocation of transportation expenses, to the Court for adoption by the Court as an order. If the parents are unable to agree, the moving parent shall, prior to relocation, 1) file a motion asking the Court to modify the visitation schedule; 2) set a hearing; and 3) obtain a modified visitation order.