Seneca County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Minor guardianship filing

A minor guardianship filing requires the listed forms, including two letters of guardianship, form 15.4.

LOC R. 57.13 (FORMS REQUIRED FOR A MINOR GUARDIANSHIP) 1. Application for Appointment of Guardian of Minor, form 16.0. 2. Next of Kin, form 15.0. 3. Waiver of Notice & Consent, form 15.1. 4. Fiduciary’s Acceptance, form 15.2. 5. Affidavit, form 16.1. 6. Selections of Guardian by Minor, form 16.2. 7. Notice of Hearing for Appointment of Guardian of Minor, form 16.3. 8. Notice of Hearing for Appointment of Guardian of Minor, form 16.4. 9. JE Appointment of Guardian of Minor, form 16.5. 10. Oath of Guardian, form 15.9. 11. Letters of Guardianship, form 15.4. (2 letters needed)

CRITICAL

Applies to

Partial account application

Attorney fees taken on a partial account require submission of an application and order, with the attorney-fee computation filed with the application.

An application and order must be submitted for any attorney fees taken on a partial account. Then computation of attorney fees (Appendix B herein) must be filed with the application.

CRITICAL

Applies to

Filing

Filings must include the specified contact and registration information for counsel, or the specified contact information for the fiduciary if there is no counsel; a filing missing this information may be refused.

(B) All filings shall contain the name, address, telephone number, and attorney registration number of the individual counsel representing the fiduciary and, in the absence of counsel, the name, address, and telephone number of the fiduciary. Any filing not containing the above requirements may be refused.

CRITICAL

Applies to

Entry for release of funds

The Guardian Ad Litem must submit an entry for release of payment funds with the motion; the entry must state the bill’s service date and be signed by the Guardian Ad Litem.

The Guardian Ad Litem shall submit with the Motion an entry for the release of funds for payment. The entry submitted by the Guardian Ad Litem shall state the date on which the bill was served, and the entry shall be signed by the Guardian Ad Litem.

CRITICAL

Applies to

Marriage license application

An applicant who was previously married and divorced must provide a certified copy of the most recent final decree or dissolution.

If either applicant has been married previously and divorced, a certified copy of the most recent final decree or dissolution is required.

CRITICAL

Applies to

Certificate

Before the public sale, the plaintiff must file a certificate stating that required notice was given to defendants at their last known addresses.

Prior to the public sale, the plaintiff shall file a certificate stating that the required notice was given to the defendants at their last known addresses.

CRITICAL

Applies to

Guardian ad litem report

The Guardian Ad Litem must submit a written report with recommendations and details of the work performed and information considered.

The Guardian Ad Litem shall prepare a written report, including recommendations, to the Court. The report shall detail the activities performed, hearings attended, persons interviewed, documents reviewed, experts consulted, and all other relevant information considered by the Guardian Ad Litem in reaching the recommendations and in accomplishing the duties required by statute, Superintendence Rule 48, Court Rule, and referenced in the Court's Order of Appointment.

CRITICAL

Applies to

Notice of intent to relocate

A residential parent must file a notice of intent to relocate with the Court’s deputy clerk and CSEA within 30 days of the move, and the notice must contain the specified parent, child, and proposed-residence information.

(A) A residential parent shall file a notice of intent to relocate with the deputy clerk of this Court and the Child Support Enforcement Agency (herein CSEA) within thirty (30) days of said move, the notice shall contain the name and address of the residential parent, names of the child(ren), proposed residence, and the name and address of non-residential parent.

CRITICAL

Applies to

Inventory filing extension application

The extension application must state the time requested, and the accompanying judgment entry must provide a blank for the Court to enter the number of days granted.

Applications for an extension shall set forth the time needed and the accompanying judgment entry shall have a blank space for the Court to insert the number of days granted.

CRITICAL

Applies to

Counsel fee application

A fiduciary or attorney may file an application for counsel fees for services to a fiduciary, and the application must state the services rendered and amount claimed.

An application shall be filed for the allowance of counsel fees for services rendered to a guardian, trustee, or other fiduciary. The application may be filed by the fiduciary or attorney. The application shall set forth a statement of the services rendered and the amount claimed in conformity with division (A) of this rule.

CRITICAL

Applies to

E filing

Must include

caption, case number

Each eFiling must include a cover page with the case caption, case number, assigned judge and magistrate, document description, specified attorney details, and page count including the cover page.

All eFilings shall conform to the Ohio Rules of Civil Procedure and shall include a Cover Page which includes the following information: A. Caption of the Case; B. Case Number; C. Assigned Judge and Magistrate; D. Description of the document being filed; E. Attorney name, address, Ohio Supreme Court Registration Number, telephone, email address, and fax number (if applicable); F. Number of pages, including the cover page, being transmitted.

CRITICAL

Applies to

Alleged incompetent guardianship filing

An alleged-incompetent guardianship filing requires the listed forms and documents, with an Affidavit of Indigency if applicable, a bond if needed, and two entries of the Letters of Guardianship; emergency guardianship filers are directed to Local Rule 66.03.

LOC. R. 57.12 (FORMS REQUIRED FOR FILING A GUARDIANSHIP, ALLEGED INCOMPETENT) 1. Application for Appointment of Guardian, form 17.0. 2. Next of Kin of Proposed Ward, form 15.0. 3. Waiver of Notice and Consent, form 15.1. 4. Affidavit of Guardian Applicant 5. Affidavit of Indigency (if applicable) 6. Statement of Expert Evaluation, form 17.1. 7. Fiduciary’s Acceptance, form 15.2. 8. Guardians Bond, if needed, form 15.3. 9. Notice to Prospective Ward of Application & Hearing, form 17.3. 10. Notice of Hearing for Appointment of Guardian of Alleged Incompetent, form 17.4. 11. Oath of Guardian, form 15.9. 12. JE Appointment of Guardian for Incompetent Person, form 17.5. 13. Letters of Guardianship, form 15.4. (2 entries needed) **** If filing Emergency Guardianship Please see Loc. R. 66.03 ****

CRITICAL

Applies to

Partial account

Bank certificates must be filed with applicable partial accounts.

Bank certificates must be filed with applicable partial accounts.

CRITICAL

Applies to

Guardian ad litem report

The Guardian Ad Litem must file the Notice of Submission with the written report, serve the notice on all unrepresented parties and legal counsel, and file the report with the Court.

The Guardian Ad litem shall file a Notice of Submission of the Guardian Ad Litem Report with the written report. The Guardian Ad Litem shall serve the Notice of Submission of the Report on all unrepresented parties and legal counsel and file the report with the Court.

CRITICAL

Applies to

Motion

A Guardian Ad Litem requesting extra fees must file a motion before the case concludes that requests an additional deposit and states the basis for the request.

In the event the Guardian requests extra fees, a proper Motion must be filed prior to the conclusion of the case with a request for an additional deposit and the basis for the request.

CRITICAL

Applies to

Guardianship plan

A guardian must file an annual guardianship plan as an addendum to the report, stating the guardian’s goals and listing changes to the visitation list.

A guardian of a person or the estate shall file annually with the Probate Clerk a guardianship plan as an addendum to the guardian's report. The guardianship plan shall simply state the guardian's goals for meeting the ward's personal and/or financial needs going forward. The guardian shall provide the court with a list of any changes made to the visitation list provided to the court pursuant to division (B) of this rule.

CRITICAL

Applies to

Pleading motion memorandum

Filed pleadings, motions, and memoranda must display the filing counsel’s name, address, Supreme Court number, and telephone number.

and shall have typed or printed thereon the name, address, Supreme Court number and telephone number of counsel filing the same.

CRITICAL

Applies to

Supporting document

Supporting documents in a foreign language must be translated into English and certified by the translator as true and accurate.

Supporting documents written in a foreign language must be translated into the English language with a certification from the translator that the translation is true and accurate.

CRITICAL

Applies to

Motion

Must include

proposed order

Every motion must be accompanied by a separate proposed Order.

All motions must be accompanied by a separate proposed Order.

CRITICAL

Applies to

Support computation hearing materials

At hearings computing support, the parties must be prepared to submit their most recent federal tax returns and/or W-2 statements and their most recent pay stub or payroll report.

Therefore, at hearings involving computation of support, the parties shall be prepared to submit to the Court the following: 1. Copies of most recent Federal Income Tax Returns, and/or W-2 wage statements. 2. Copy of the most recent pay stub or payroll report.

CRITICAL

Applies to

Motion to set aside

A Motion to Set Aside must be accompanied by a memorandum stating the party’s position with particularity.

The Motion shall be accompanied by a memorandum stating the party’s position with particularity.

CRITICAL

Applies to

Guardianship case file record

The Court must keep a written record in the guardianship case file of the comment or complaint and its disposition.

The Court shall maintain a written record in the guardianship case file regarding the nature and disposition of the comment or complaint.

CRITICAL

Applies to

Statement of expert evaluation

A statement of expert evaluation prepared and signed by one of the listed professionals or teams must be filed one year after the initial statement’s file date.

e. Seneca County Local Rule 66.08 requires that a statement of expert evaluation prepared and signed by a Licensed Physician, Licensed Clinical Psychologist, Licensed Social Worker, or Developmental Disability Team is to be filed one year after the file date of the initial Statement of Expert Evaluation.

CRITICAL

Applies to

Guardian ward roster

A guardian with ten or more wards through Ohio Probate Courts must submit the required ward roster to this Court by January 31 each year.

To assist the Court in meeting its supervisory responsibilities under Sup.R. 66.05(B) and in satisfaction of the responsibilities arising under Sup.R. 66.08(H), on or before January 31 of each year, a guardian with ten or more wards through the Probate Courts of Ohio shall submit a roster of his/her wards with this Court on a standard form adopted for that purpose by the Ohio Supreme Court.

CRITICAL

Applies to

Judgment entry

In civil matters, if the Court orders a party to prepare a judgment entry, that party must prepare and submit it to the opposing party within 14 days unless the Court extends the time.

In Civil matters the Court may order or direct either party to prepare a judgment entry. When so ordered, the party shall prepare a proper judgment entry and submit it to the opposing party within 14 days, unless the time is extended by the Court.

CRITICAL

Applies to

Judgment entry

Counsel is responsible for preparing entries, as designated by the Court, for preliminary matters decided before the final adjudicatory hearing that require journalizing.

However, all preliminary matters decided by the Court prior to the final adjudicatory hearing which requires journalizing are the responsibility of counsel and all entries shall be drafted as designated by the Court.

CRITICAL

Applies to

Motion for remote appearance

A request for reasonable accommodations for a disabled person appearing remotely must be included with the motion for remote appearance.

Reasonable accommodations will be made for any disabled person wishing to appear remotely. Requests for these accommodations shall be included with the motion for remote appearance.

CRITICAL

Applies to

Settlement agreement

For a structured settlement involving an adult ward, the settlement agreement must include the requirements of Sup. R. 69 and any other document the court may require.

In structured settlements the settlement agreement shall contain all the requirements of Sup. R. 69 or any other document that the court may require.

CRITICAL

Applies to

Testate estate filing

Testate estate filings require the listed forms and documents, subject to the stated qualifications and two-entry requirement.

LOC. R. 57.6 (FORMS REQUIRED FOR TESTATE ESTATES) 1. Original will. 2. Application to Probate Will, form 2.0. 3. Surviving Spouse, Next of Kin, form 1.0. 4. Certificate of Service of Notice of Probate of Will, form 2.4. 5. Waiver of Notice of Probate of Will, form 2.1. 6. Notice of Probate of Will, form 2.2. 7. Appointment of Appraiser, form 3.0. 8. Application for Authority to Administer, form 4.0. 9. Fiduciary’s bond, form 4.2 if necessary. 10. Waiver of Right to Administer, if necessary, form 4.3. 11. Notice of Hearing on Appointment of Fiduciary, form 4.4 (if necessary) 12. Entry Appointing Fiduciary, Letters of Authority, form 4.5. (2 entries required)

CRITICAL

Applies to

Title iv d services application

In cases involving a support order, the obligee must sign and submit a Title IV-D Services application to the Court unless certified IV-D at the time of the hearing.

(A) In any case involving a support order, the Obligee under the order shall be required to sign an application for Title IV-D Services. The executed application shall be submitted to the Court. If the Obligee is certified IV-D at the time of the hearing, Obligee does not have to sign the application.

CRITICAL

Applies to

Electronically filed document requiring service

Must include

certificate of service

An electronically filed document requiring service must include a certificate stating the date and manner of service on each case participant.

A certificate of service shall be included when a Filer electronically files a document requiring service in accordance with the Ohio Civil and/or Juvenile Rules. The certificate of service shall state the date and manner in which service was accomplished on each case participant.

CRITICAL

Applies to

Facsimile filing

The filer must retain the faxed source document until the case is formally closed and post-judgment relief opportunities are exhausted, and must also retain the successful-transmission verification receipt.

4. The source document filed by facsimile shall be maintained by the person making the filing until the case is formally closed by the Court and all opportunities for post judgment relief are exhausted. The person making the filing shall also maintain the verification receipt that the transmission was completed without problems.

CRITICAL

Applies to

Application

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

CRITICAL

Applies to

Verification of receipt and deposit

The attorney must obtain Standard Probate Form 22.3 from the financial institution and file it with the Court within seven days after the entry is issued.

The attorney shall obtain a Verification of Receipt and Deposit (Standard Probate Form 22.3) from the financial institution and file the form with the Court within seven days from the issuance of the entry.

CRITICAL

Applies to

Judgment entry or court order

The order must identify who is responsible for court costs; if it does not, costs are assessed against the Movant.

(F) All Judgment Entries or other Court orders prepared by an attorney on behalf of the Court shall contain the following: 4. The party who is responsible for payment of the court costs. In the absence of such language, court costs shall be assessed against Movant.

CRITICAL

Applies to

Notice of hearing

Notice of an application for extraordinary compensation must state the amount requested.

Such notice shall contain a statement of the amount of such compensation applied for.

CRITICAL

Applies to

Schedule of claims

For a hearing on claims or insolvency, the fiduciary must file a schedule of all estate claims with the hearing application or within ten days after notice of a Court-initiated hearing.

If the Court requires a hearing on claims or the fiduciary requests a hearing on claims or insolvency, the fiduciary shall file a schedule of all claims against the estate with the Court. The schedule of claims shall be filed with the fiduciary's application for hearing or within ten days after the Court notifies the fiduciary of a Court-initiated hearing.

CRITICAL

Applies to

E filed document requiring signature

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

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

CRITICAL

Applies to

Guardianship termination notice

A guardianship termination requires written notice to the Court.

A termination of guardianship shall require written notice to the Court.

CRITICAL

Applies to

Application requesting permission to record proceedings

The application lists the signatures of attorneys, parties, or witnesses who specifically consent to the request, with additional signatures permitted on Exhibit A.

Listed below are signatures of attorneys, parties, or witnesses who have specifically granted their consent to authorization of this request. (See Exhibit "A" for additional signatures).

CRITICAL

Applies to

Motion or objection

A party who does not provide an acceptable reason that a transcript is unnecessary will have the motion or objection dismissed without a hearing.

If you fail to provide the Court with an acceptable reason why a transcript is not needed; the motion or objection will be dismissed without a hearing.

CRITICAL

Applies to

All filings

Must include

case number

Every page of every filing, including attachments, must display the case number.

All filings, including attachments, must have the case number on each page.

CRITICAL

Applies to

Will deposit

A will deposited with the Court for safekeeping must be accompanied by a Certificate of Deposit of Will form.

Any will that is being deposited with the Court for safekeeping pursuant to R.C. 2107.08 shall be accompanied by a Certificate of Deposit of Will form.

CRITICAL

Applies to

Application to admit lost will

The application must attach and offer the purported last will for probate and list the specified interested persons on Form 1.0.

A document purporting to be Decedent’s last will is attached and offered for probate. Decedent’s surviving spouse, all persons who would be entitled to inherit from the testator under Chapter 2105 of the Revised Code if the testator had died intestate, all legatees and devisees who are named in the will, and all legatees and devisees who are named in the the most recent will prior to the lost, spoliated or destroyed will, known to applicant are listed on the attached Form 1.0.

CRITICAL

Applies to

Adoption filing

The adoption checklist calls for two Adoption Certificates for Parents and two Statements of Adopted Person; the Disclosure Statement is not needed for a step-parent adoption.

11. Adoption Certificate for Parents, form 18.8. (2 required) 12. Statement of Adopted Person (2 required) 13. Disclosure Statement (not needed on step-parent adoption)

CRITICAL

Applies to

E filing

Must include

caption, judge name, page count +1 more

Each eFiling must include a cover page with the case caption and number, assigned judge and magistrate, document description, specified attorney contact and registration information, and total page count including the cover page.

All eFilings shall conform to the Ohio Civil Rules and shall include a Cover Page which includes the following information: A. Caption of the Case; B. Case Number; C. Assigned Judge and Magistrate; D. Description of the document being filed; E. Attorney name, address, Ohio Supreme Court registration number, telephone, email address, and fax number (if applicable); F. Number of pages, including the cover page, being transmitted.

CRITICAL

Applies to

Account

Guardianship and conservatorship 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 guardian or conservator during the accounting period and of all disbursements and distributions made by the guardian or conservator 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 known to or in the possession of the guardian or conservator at the end of the accounting period and shall show any changes in investments since the last previous account.

CRITICAL

Applies to

Judgment entry

In private land sale proceedings by civil action, the judgment entry must state the gross proceeds and include a proposed closing statement itemizing all proposed disbursements.

(C) In all private land sale proceedings by civil action, the judgment entry confirming sale, ordering issuance of deed, and ordering distribution shall show the gross amount of the proceeds and include a copy of the proposed closing statement itemizing all of the proposed disbursements.

CRITICAL

Applies to

Pretrial order

At the conclusion of the pretrial conference, the Court must prepare an order setting out the discovery deadline, witness-list exchange deadline, pleading and briefing schedules, and trial date.

At the conclusion of the pretrial conference, the Court shall prepare a pretrial order setting forth: a. Discovery deadline date. b. Exchange of witness list deadline date. c. Pleading and briefing schedules. d. A trial date.

CRITICAL

Applies to

Annual guardian fee schedule

A guardian with ten or more wards must submit an annual fee schedule distinguishing guardianship-service fees from fees for legal or other direct services.

A guardian with ten or more wards shall be required to submit to the court an annual fee schedule that differentiates guardianship services fees, as established pursuant to local rule, from legal or other direct services;