Seneca County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Pleading or motion or filing

Must include

caption

Pleadings, motions, and other filings must be correctly captioned.

All pleadings, motions, or other filings are to be typed or printed in ink and correctly captioned.

CRITICAL

Applies to

E filed document

The attorney who eFiles a document containing an original signature must retain a hard copy.

Any document that is eFiled and contains an original signature must be retained in hard copy by the attorney who eFiled the document.

CRITICAL

Applies to

Shared parenting plan

Every shared parenting plan must state who will cover the child on medical insurance.

A recitation of who will cover the child on medical insurance must be included in every shared parenting plan.

CRITICAL

Applies to

Account

If land was sold during the accounting period, the account must show gross proceeds and include an itemized closing statement.

(B) If land has been sold during the accounting period, the account shall show the gross amount of the proceeds and include a copy of the closing statement itemizing all of the disbursements.

CRITICAL

Applies to

Filing

Signatures must have the signer's typewritten or clearly printed name beneath them, subject to the stated exceptions and separate e-filing and facsimile signature guidelines.

All signatures of counsel, parties or officers administering oaths must include the signator’s typewritten or clearly printed names under the signature on the filing, with the following exceptions: 1. Non-original signatures are permitted as provided by special administrative order. 2. Signatures on documents filed via the Court’s eFiling system or via facsimile shall follow the signature guidelines set forth in Local Rule 75.8 governing eFiling and facsimile filing.

CRITICAL

Applies to

Commissioner report

The appointed commissioner must inventory the safe deposit box in the presence of a financial-institution employee, report its contents in writing to the court, and deliver any wills and codicils described in the order.

Upon review of the above Application and for good cause shown, the Court hereby appoints Attorney _____________________________, as Commissioner to open the decedent’s safe deposit box in the presence of an employee of the above listed financial institution to inventory the contents of the safe deposit box, and to report in writing to the Court the contents of the safe deposit box as well as to deliver any will(s) and codicil(s) of the

CRITICAL

Applies to

Notice of publication

When service by publication is authorized, the attorney filing the required affidavit must simultaneously furnish the Juvenile Clerk the publication-notice form for publication in a newspaper of general circulation in Seneca County.

In an action where service is to be made by publication as authorized by Civil Rule 4.4, the attorney filing the necessary affidavit shall, at the same time, furnish to the Juvenile Clerk the form of notice of publication which is to be published in a newspaper of general circulation in Seneca County, Ohio.

CRITICAL

Applies to

Motion for partial attorney fees

A written motion is required to seek Court approval of partial attorney fees.

Upon written motion the Court may approve payment of partial attorney fees for the administration of estates before the final account is prepared for filing.

CRITICAL

Applies to

Application

The application must state any arrangement made regarding counsel fees.

The application shall state what arrangement, if any, has been made with respect to counsel fees.

CRITICAL

An adult name-change application must include the listed forms, when applicable, and the additional documentation required by Local Rule 75.9.

LOC. R. 57.16 (FORMS REQUIRED FOR A CHANGE OF NAME OF ADULT) 1. Application for Change of Name of Adult, form 21.0 2. Affidavit in Support of Application for Change of Name of Adult, form 21.01. 3. Judgment Entry Setting Hearing and Ordering Notice, form 21.03 (if necessary). 4. Notice of Hearing on Change of Name, form 21.5 (if necessary). 5. Judgment Entry Changing Name of Adult, form 21.1. 6. Release For Criminal Background Check, form 21.14 7. Application to Waive Publication Requirement and Seal, form 21.6A (if necessary). *Please refer to Local Rule 75.9 for other documentation required in addition to those documents listed above.*

CRITICAL

Applies to

Application for extension of time

An application for an extension of time must be signed by both the fiduciary and the attorney of record.

All applications for extensions of time must be signed by both the fiduciary and the attorney of record pursuant to Sup. R. 78.

CRITICAL

Applies to

Account

Required vouchers, proofs, and receipts must be referenced to the account number, letter, or date.

(A) The vouchers or other proofs required by Section 2109.302 and 2109.303 of the Revised Code and receipts filed or exhibited pursuant to section 2109.32(B)(1)(b) of the Revised Code, shall be referenced to the account number, letter, or date.

CRITICAL

Applies to

Attorney fee application

A written application stating the amount requested is required to seek attorney fees, which are awarded only after a proper hearing unless a local rule modifies the procedure.

Attorney fees may be allowed if there is a written application that sets forth the amount requested and will be awarded only after proper hearing, unless otherwise modified by local rule.

CRITICAL

Applies to

Guardian report

For an estate-only guardianship, a guardian’s report and annual plan are required.

d. If the guardianship is for the estate only, a guardian’s report and guardian’s annual plan are required.

CRITICAL

Applies to

Estate tax filing

Estate tax filings must include a copy of the decedent’s will when applicable.

(B) All estate tax filings must be accompanied by a copy of the decedent’s will, if applicable.

WARNING

Applies to

Judgment entry or court order

(F) All Judgment Entries or other Court orders prepared by an attorney on behalf of the Court shall contain the following: 6. If child support is Ordered, the appropriate SETS number should be set forth in the caption.

(F) All Judgment Entries or other Court orders prepared by an attorney on behalf of the Court shall contain the following: 6. If child support is Ordered, the appropriate SETS number should be set forth in the caption.

WARNING

Applies to

Fee application

Fees and expenses for representation must be submitted to the Court on Office of the Public Defender forms within 60 days of final disposition.

Fees and expenses for representation shall be submitted to the Court on the forms as established by the Office of the Public Defender within sixty (60) days of final disposition.

WARNING

Applies to

Probate filing

The Probate Court may require other forms it deems necessary.

Any other forms deemed necessary by the Probate Court.

WARNING

Applies to

Shared parenting plan

The school provision should address the most likely school placement that the parties can determine when the matter is before the Court.

The provision should deal with the issue of school placement to the extent that the parties can determine the most likely possibility at the time the matter is before the Court.

WARNING

Applies to

Account

A receipt for a distributive share signed by an attorney-in-fact may be accepted if the power of attorney is recorded in the county and a copy is attached to the account.

(C) Receipts for distributive shares signed by persons holding power of attorney may be accepted, provided the power of attorney is recorded in the county in which the estate is being administered and a copy of the recorded power is attached to the account.

WARNING

Applies to

Court rules

In cases involving minor children, the attorney of record must deliver a copy of the Rules to the client and make reasonable efforts to ensure the client reads and understands them.

In all cases that involve minor child(ren), it shall be the responsibility of the Attorney of record to cause a copy of these Rules to be delivered to his/her client. Said attorney shall make reasonable efforts to make sure his/her client reads and understands these Rules.

WARNING

Applies to

Written motion

For good cause, upon written motion, the Court may modify or waive the six-hour fundamentals training course.

For good cause, upon written motion, the Court may modify or waive the six-hour fundamentals training course.

WARNING

Applies to

Appointment list application

Attorneys seeking placement on an appointment list must apply in writing to the Judge.

(B) Attorneys desiring to be placed on either appointment list shall apply in writing to the Judge.

WARNING

Applies to

Motion to dispense with subsequent statements of expert evaluation

Must include

proposed order

A guardian may seek to be excused from filing later expert evaluations by filing the specified motion and submitting a proposed order.

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).

WARNING

Applies to

Partial account

(D) Exhibiting assets. (1) The Court may require that all assets be exhibited at the time of filing a partial account.

(D) Exhibiting assets. (1) The Court may require that all assets be exhibited at the time of filing a partial account.

WARNING

Applies to

Name change application

The Court may require additional documents it deems relevant to a name-change application.

Upon review of the application and supporting documentation, the Court may order the submission of other documents the Court deems relevant to the application.

WARNING

Applies to

Final account

Extraordinary fees should be itemized, with time records attached if available.

EXTRAORDINARY FEES (ITEMIZED AND ATTACHED TIME RECORDS, IF AVAILABLE)

WARNING

Applies to

Personal identifier sheet

Complete the information sheet so the court can obtain demographic information without releasing it to the other parties.

Please complete the following information. This will allow the court to have the necessary demographic information without it being released to the other parties on your case.

WARNING

Applies to

Motion for remote appearance

Requests for disability accommodations must be included with the motion for remote appearance.

Requests for these accommodations shall be included with the motion for remote appearance.

WARNING

Applies to

Public records request

A public-records request need not use specific wording but must identify the requested records clearly enough for the Court to locate and review them.

Although no specific language is required to make a request, the requester must at least identify the records requested with sufficient clarity to allow the Court to identify, retrieve, and review the records.

WARNING

Applies to

Objection or appeal

An objection or appeal should be accompanied by a supporting memorandum.

The objection or appeal should be accompanied by a supporting memorandum.

WARNING

Applies to

Fax filing

Fax filing information includes the transmission date and number, page count including the cover page, and the filer’s listed contact and registration information when applicable or available.

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 e-mail address of the person filing the fax document, if available.

WARNING

Applies to

Petition and protection order forms

The Court must use petitions and protection order forms substantially similar to the Supreme Court of Ohio's forms.

(A) The Court shall use substantially similar petitions and protection order forms to those promulgated by the Supreme Court of Ohio in Rule §10.05 of the Ohio Rules of Superintendence.

WARNING

Applies to

Inventory

The trust inventory must list the trust's real and personal property, its value, and the yearly rent value of real property.

a full inventory of the real and personal property belonging to the trust, its value, and the value of the yearly rent of the real property.

WARNING

Applies to

Authorization form

An attorney seeking to receive court documents through a Justice Center Mailbox must complete and submit the authorization form to the Chief Deputy Clerk.

To receive documents from this Court via a Justice Center Mailbox, please complete this form and submit it to the Chief Deputy Clerk of the Seneca County Juvenile Court.

WARNING

Applies to

Media permission request

Requests for permission to record public court proceedings must be made in writing to the presiding Judge, and the application and resulting order must become part of the record.

Consistent with Rule 12 of the Rules of Superintendence for the Courts of Ohio, requests for permission to broadcast, televise, photograph or otherwise record Court proceedings that are open to the public as provided by Ohio law, shall be made in writing to the Judge presiding over the proceeding. The written application and order of the Judge granting or denying such application shall be made part of the record of the proceedings.

WARNING

Applies to

Written request

When the child’s best interest conflicts with the child’s wishes, the Guardian ad Litem must request in writing, at the earliest practical time, that the Court promptly resolve the conflict.

When a Guardian ad Litem determines there is a conflict between the child’s best interest and the child’s wishes, the Guardian ad Litem shall at the earliest practical time, request in writing that the Court promptly resolve the conflict by entering appropriate orders.

WARNING

Applies to

Public records request acknowledgment

For significantly nonroutine requests, the written acknowledgement must estimate the time and copying cost and identify items that may be exempt from disclosure.

If a request is deemed significantly beyond “routine,” such as seeking a voluminous number of copies or requiring extensive research, the acknowledgement must include the following: i) an estimated number of business days it will take to satisfy the request; ii) an estimated cost if copies are requested; and, iii) any items within the request that may be exempt from disclosure.

WARNING

Applies to

Inventory

The estate inventory must state values as of the decedent's date of death, include readily ascertainable assets, and may be unnecessary for a successor if a prior fiduciary filed one unless the court finds it necessary.

The inventory shall set forth values as of the date of death of the decedent. If a prior executor or administrator has done so, a successor executor or administrator need not file an inventory, unless, in the opinion of the court, it is necessary. Any asset, the value of which is readily ascertainable, is not required to be appraised but shall be included in the inventory.

WARNING

Applies to

Inventory

An estate guardian's inventory must list the ward's real and personal property, its value, and the yearly rent value of real property.

make and file within three months after his appointment a full inventory of the real and personal property of the ward, its value, and the value of the yearly rent of the real property

WARNING

Applies to

Executor administrator compensation computation

If an executor or administrator claims annual compensation for ordinary services, it must be computed using Appendix E-1 and Appendix E, unless law or court order provides otherwise.

Unless otherwise provided by law or ordered by the Court, an executor or administrator may charge for his/her ordinary services on an annual basis an amount computed in accordance with the attached schedule, Appendix E-1, and computed on the attached form, Appendix E.

WARNING

Applies to

Proof of compliance

Guardian ad Litems must file annual proof of compliance with the Clerk of Court.

All Guardian ad Litems are required to file proof of compliance with the Clerk of Court each year.

WARNING

Applies to

Written motion

For good cause, upon written motion, the Court may modify or waive the annual three-hour training course requirement.

For good cause, upon written motion, the Court may modify or waive the annual three-hour training course requirement.

WARNING

Applies to

Authorization form

Submitting the authorization request with an original signature represents that the attorney has read and understands Local Rule 4.04 and acknowledges the listed terms.

By submitting this request with your original signature, you are deemed to state affirmatively that you have read Local Rule 4.04, understand said rule and in particular, acknowledge the following:

WARNING

Applies to

Notice of withdrawal

Counsel who do not file a notice of withdrawal at the conclusion of a case may be treated as counsel of record for later filings or post-decree motions.

(B) Unless counsel files a notice of withdrawal at the conclusion of a case, they may be considered Counsel of Record for any subsequent filings or post decree Motions.

WARNING

Applies to

Motion to waive subsequent hearing

The Court may waive a hearing on a subsequent settlement application upon the Applicant's written motion.

A hearing on subsequent Applications to Approve Settlement and Distribution of Wrongful Death and Survival Claims may be waived by the Court upon written motion by the Applicant.

WARNING

Applies to

Guardian compensation computation

If a guardian claims annual compensation for ordinary services, it must be computed using Appendix C-1 and Appendix C, unless law or court order provides otherwise.

Unless otherwise provided by law or ordered by the Court, a guardian may charge for his ordinary services on an annual basis an amount computed in accordance with the attached schedule, Appendix C-1, and computed on the attached form, Appendix C.

WARNING

Applies to

Compliance certification

Attorneys seeking to represent indigent parties must assure compliance with the applicable qualifications and certify that compliance in writing when requested.

(D) Attorneys seeking to represent indigents in cases before this Court must assure, and upon request from time to time certify to this Court in writing, their full compliance with Qualifications set by the Ohio Public Defender Commission for counsel accepting appointments.

WARNING

Applies to

Shared parenting plan

A shared parenting plan should not designate only one parent as the residential parent.

IT IS NOT APPROPRIATE TO DESIGNATE ONLY ONE OF THE PARENTS AS “RESIDENTIAL PARENT” IN A SHARED PARENTING PLAN.

WARNING

Applies to

Shared parenting plan

It is also not appropriate to state that each parent is the residential parent and legal custodian when the child(ren) are residing with that parent.

It is also not appropriate to state that each parent is the residential parent and legal custodian when the child(ren) are residing with that parent.