Seneca County Court of Common Pleas, Ohio Filing Timing and Cure Windows

CRITICAL

The attorney must furnish the publication-notice form to the Juvenile Clerk at the same time the necessary affidavit is filed.

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

A fiduciary who does not timely file the inventory may be removed and replaced by a successor.

If the fiduciary fails to file the inventory timely, the fiduciary is subject to removal and a successor may be appointed.

CRITICAL

Deadline

72 hours

An appointed guardian must notify the Court within seventy-two hours of any change to information in the affidavit.

(2) Require each guardian appointed by the court to execute an affidavit affirming the applicant has no pending misdemeanor or felony charges, has not been convicted of or pleaded guilty to any misdemeanor or felony offense, and shall notify the court within seventy-two hours of any change to the information contained in the affidavit.

CRITICAL

The fiduciary must file the certificate within two months after appointment unless the Court grants an extension; late filing may result in citation and penalties.

later than two months after the appointment of the fiduciary unless the Court grants an extension that time. Failure to file the certificate in a timely manner shall subject the fiduciary to the citation and penalty provisions of section 2109.31 of the Revised Code.

CRITICAL

The schedule of claims must be filed with the hearing application or within ten days after notice of a Court-initiated hearing.

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

Account

Administrators and executors must file a final and distributive account within six months of appointment unless an extension application is filed and approved.

Within six months of appointment, every Administrator and executor shall render a final and distributive account of the administrator’s or executor’s administration of the estate, unless an application to extend has been filed and approved.

CRITICAL

The certificate must be filed within 120 days after the fiduciary’s appointment.

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

A guardian must advise the Court within ten days of changes to the wards under the guardian’s care or to the guardian’s listed contact information.

The guardian shall have a continuing duty to advise the court of any change in the ward(s) under his/her care or the guardian’s name, address, telephone number and electronic mail address within ten days of the change occurring.

CRITICAL

A motion under Ohio Revised Code Section 2152.121 (B) (3) (b) must be filed within fourteen days after the transfer order is issued.

A Motion filed pursuant to Ohio Revised Code Section 2152.121 (B) (3) (b) must be filed within fourteen days of the issuance of the order of the General Division of the Common Pleas transferring a case to Juvenile pursuant to Ohio Revised Code Section 2152.121 (B) (3).

CRITICAL

The attorney must file the Verification of Receipt and Deposit with the Court within seven days from issuance of the entry.

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

Account

Other fiduciaries must file their first account one year after appointment and subsequent accounts annually.

Accounts for other fiduciaries are due one year after the appointment and all other accounts due annually thereafter.

CRITICAL

A Report of Distribution is due six months after the Court signs the entry relieving the estate from administration.

b. A Report of Distribution is due 6 months after the Court signs the entry relieving the estate from administration.

CRITICAL

The first testamentary trusteeship account is due one year after the trustee’s appointment, and later accounts are due annually.

The first testamentary trusteeship account is due one year after the appointment of the trustee and all other accounts due annually thereafter.

CRITICAL

A request for appointment of a Guardian ad Litem must be filed no later than the first date set for a pretrial hearing, and continuing that hearing does not extend the deadline.

Requests for appointment of a Guardian Ad Litem shall be filed no later than the first date set for a pre-trial hearing. Continuance of the pre-trial hearing DOES NOT extend the date for seeking appointment of the Guardian Ad Litem.

CRITICAL

Other fiduciaries must file their first account one year after appointment and subsequent accounts annually.

The first account for other fiduciaries is due one year after the appointment and all other accounts due annually thereafter.

CRITICAL

An entry must be furnished within 30 days of the Court’s decision; after notice of a failure, the Court may dismiss the action, schedule a sanctions hearing, or take other appropriate action.

(D) If no entry is furnished to the Court as directed within 30 days of the Court’s decision, upon notice of such failure to the parties and their counsel, the Court may: (a) Dismiss the action for want of prosecution; (b) Order the Clerk to schedule hearing on sanctions; (c) Make such other Order as deemed appropriate under the circumstances.

CRITICAL

The proposed judgment entry must be submitted within seven days after judgment is rendered.

The proposed judgment entry shall be submitted within seven days after the judgment is rendered.

CRITICAL

The mediator must submit the report within 10 days after mediation concludes.

This report shall be submitted by the Mediator within 10 days of the conclusion of the mediation.

CRITICAL

The written report of new information must be made 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

Fee applications submitted more than 90 days after final disposition will not be paid.

Application for fees submitted after ninety (90) days shall not be paid.

CRITICAL

The certificate of termination must be filed within thirty days after administration of the estate is completed.

In lieu of filing a final account, the administrator or executor of an estate of that type shall be discharged by filing with the Court within thirty days after completing the administration of the estate a certificate of termination of an estate that states all of the following:

CRITICAL

The motion for payment must be filed no later than 15 days from the Court’s final Order.

The Motion for payment shall be filed no later than (15) days from the Court’s final Order.

CRITICAL

The first guardianship estate account is due one year after appointment and subsequent accounts are due annually, but a person-only guardianship requires no account.

The first guardianship account is due one year after the appointment of the Guardian of the estate and all other accounts are due annually thereafter. If the guardianship is for the person only, no account is required.

CRITICAL

In nonemergency cases, parties seeking to appear by video must file a motion or request for a remote hearing at least seven days before the scheduled hearing.

Parties who wish to appear via video shall file a motion or request for remote hearing at least seven days prior to the scheduled hearing in nonemergency cases.

CRITICAL

The opposing party has 14 days to approve or reject the judgment entry.

The opposing party shall have 14 days in which to approve or reject the judgment entry.

CRITICAL

Applies to

Account

The first conservatorship account is due one year after appointment, and subsequent accounts are due annually.

The first conservatorship account is due one year after the appointment of a conservator and all other accounts due annually thereafter.

CRITICAL

When requested by the Court, pre-trial briefs or memorandums must be filed at least one week before the pre-trial.

Said briefs or memorandums shall be filed at least one (1) week prior to pre-trial

CRITICAL

Deadline

7 working days

A praecipe for service of a subpoena involving an in-county party must be filed at least seven working days before the subpoenaed party is to appear.

Any praecipe for the service of subpoenas shall be filed within the following time limit: 1. In-County Party at least seven (7) working days before the subpoenaed party is to appear.

CRITICAL

If the Court issues an Ex Parte Order, a full hearing must be scheduled within ten days.

If the Court issues an Ex Parte Order, a full hearing must be scheduled within ten (10) days.

CRITICAL

If the parties notify the Court of an agreement and seek to vacate the hearing, they must submit the entry within 7 days of the vacated date.

In the event the parties notify the Court that an agreement has been reached and they wish to vacate the hearing date, the entry shall be submitted within 7 days of the vacated date.

CRITICAL

eFilers must allow time for Clerk review and any necessary resubmission; eFiling does not alter or extend filing deadlines.

The eFiler must allow sufficient time for Clerk review and any necessary re-submission. eFiling does NOT alter or extend applicable time limits!

CRITICAL

A party ordered to prepare a judgment entry must submit it to the opposing party within 14 days, unless the Court extends the time.

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

The hearing on an ex parte relief petition must be held on the day the petition is filed.

the hearing shall be held the same day the petition is filed.

CRITICAL

other party may preserve the right to a jury trial by making the jury deposit no later than 10 days before the trial date. Failure to make the jury demand deposit within the time allowed shall constitute a final waiver of a jury trial unless the Court, for good cause shown permits a late-filed deposit.

other party may preserve the right to a jury trial by making the jury deposit no later than 10 days before the trial date. Failure to make the jury demand deposit within the time allowed shall constitute a final waiver of a jury trial unless the Court, for good cause shown permits a late-filed deposit.

CRITICAL

The statutory inventory-filing deadline must be followed, and late filings may result in citations unless an extension has been granted.

(A) The statutory time for filing of an inventory shall be adhered to and citations may be issued when filings are late unless application for an extension of time for filing has been granted.

CRITICAL

An order of sale may not be granted before the inventory is filed unless good cause is shown.

Except for good cause shown, an order of sale shall not be granted prior to the filing of the inventory.

CRITICAL

Applies to

Account

The first trusteeship account is due one year after appointment, and subsequent accounts are due annually.

The first trusteeship account is due one year after the appointment of the trustee and all other accounts due annually thereafter.

CRITICAL

The Mediator must submit the report within 10 days after mediation concludes.

This report shall be submitted by the Mediator within 10 days of the conclusion of the mediation.

CRITICAL

In nonemergency cases, a party seeking to appear by video must file a motion or request at least seven days before the scheduled hearing.

Parties who wish to appear via video shall file a motion or request for remote hearing at least seven days prior to the scheduled hearing in nonemergency cases.

CRITICAL

Administrators and executors must render a final and distributive account within six months of appointment unless an application to extend is filed and approved.

(A) Within six months of appointment, every administrator and executor shall render a final and distributive account of the administrator’s or executor’s administration of the estate, unless an application to extend has been filed and approved.

CRITICAL

Deadline

15 working days

A praecipe for service of a subpoena involving an out-of-county party must be filed at least fifteen working days before the subpoenaed party is to appear.

Any praecipe for the service of subpoenas shall be filed within the following time limit: 2. Out of County Parties at least fifteen (15) working days before the subpoenaed party is to appear.

CRITICAL

Every commissioner must file a report of distribution within six months of appointment.

Every commissioner shall file a report of distribution within 6 months of appointment.

CRITICAL

Applies to

Account

After the initial account, administrators and executors must render further accounts at least annually.

After the initial account is rendered, every administrator and executor shall render further accounts at least once each year.

CRITICAL

Applications for extraordinary attorney fees must be filed before the final account is filed.

All applications for extraordinary attorney fees MUST be filed prior to the filing of the final account for the Court’s approval.

CRITICAL

A physical inventory of all open and pending cases must be completed on or before October 1 each year.

2. Physical inventory of all cases open and pending shall be completed on or before October 1 of each year. Sup. R. 38

CRITICAL

If the inventory remains unfiled 15 days after the notices are sent, a citation is issued to the fiduciary and the fiduciary's attorney.

If the inventory is not filed within 15 days after the notices are sent, a citation is issued to the fiduciary and to the fiduciary’s attorney pursuant to Sup. R. 78(A).

CRITICAL

The list of the ward’s known important legal papers must be filed within three months of appointment.

Within three months of appointment, the guardian shall file a list of all of the ward’s known important legal papers, including but not limited to estate planning documents, advance directive and the location of such papers.

CRITICAL

The $25 application fee for appointed counsel must be paid within seven days after indigency is determined.

Any party found eligible for Court appointed counsel shall pay a Twenty-Five Dollar ($25.00) application fee per case to the Clerk of Courts within seven (7) days of determination of indigency.

CRITICAL

The required Guardian ad Litem deposit must be made when the appointment request is filed.

(A) Any party requesting appointment of a Guardian ad Litem in a proceeding involving allocation of parental rights and/or parenting time shall, at the time of filing the request for appointment of a Guardian ad Litem, deposit with the Court the sum as set forth in Appendix A.

CRITICAL

An estate guardian must file a full inventory within three months of appointment; failure to file within 30 days after notice of expiration requires removal and appointment of a successor, while person-only guardianships are exempt.

"Every guardian appointed to take care of the estate of a ward shall … 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, provided that, if the guardian fails to file the inventory for thirty days after he has been notified of the expiration of the time by the Probate Judge, the Judge shall remove him and appoint a successor." R.C.2111.14. If the guardianship is for the person only, an inventory is not required.