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The Local
Rules for the Trumbull County Probate Court
(Click on
titles below to jump to a rule)
To download a printable version of our
local rules in PDF form click
here.
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files. Acrobat Reader is freely available to download here
 .
To download a printable version of appendices A-L,
click on the corresponding letter: A-Advance
Deposits for Court Costs,
B-Notice of
Litigation Form, C-Computation
of Counsel Fees-Full Administration,
D-Application to
Enter Into Contingent Fee Contract, E-Computation
of Executor/Administrator Commission,
F-Guardian's
Compensation, G-Computation
of Guardian's Compensation,
H-Trustee's
Compensation, I-Computation
of Trustee's Compensation, J-Application
For Short Form Release of Administration, K-Counsel
Fees, Employee
Paralegal Form , Independent
Paralegal Form or Electronic
Mail Consent Form-Individual Attorney or Electronic
Mail Consent for-Lawfirm. L-Ohio Minimum
Standards for Guardians To download all appendices in one 900KB file, click here.
Local Rules effective January 1, 2002.
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COURT
APPOINTMENTS |
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RULE 8.1 Persons appointed by the Court to
serve as appraisers, fiduciaries, attorneys, special
master commissioners or magistrates,
investigators, guardians ad litem, arbitrators,
mediators, and trustees for suit, shall be selected
from lists maintained by
the Court.
Appointments will be made from the lists taking
into consideration the qualifications, skill,
expertise, and caseload of the appointee in
addition to the type, complexity, and
requirements of the case.
Court appointees will be paid a reasonable fee
with consideration given to the factors contained
in DR-2-106 of the Code of Professional
Responsibility, the Ohio Revised Code and the
Local Rules of Court relating to fees.
The Court shall review Court appointment lists at
least twice annually to ensure the equitable
distribution of appointments.
All appointees shall maintain professional
liability insurance or other insurance coverage
acceptable to the Court, unless otherwise ordered
by the Court.
The Court may require background checks of
all appointees.
The Court may order the parties to submit an
advance deposit of costs to compensate
professional or other appointees.
RULE 8.2 Upon application and for good
cause
shown, the Court may appoint a special master
commissioner for the limited purpose of disposing
of the decedent's cremated remains.
RULE 8.3 The Court may consider whether or not
the attorney representing the fiduciary has professional
liability insurance as a factor in determining the suitability
of the fiduciary to serve.
RULE 8.4 All fiduciaries appointed by the Court shall notify
the Court in writing whether or not the attorney representing
the fiduciary has malpractice insurance.
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RECORDING
OF PROCEEDINGS |
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RULE 11.1 The Court will make an audio
recording of proceedings before a Magistrate
that shall serve as the record of the Court.
Parties or other interested persons who desire
to have a transcript of the proceedings shall
request the transcript in writing from the
court reporter and are required to make a
deposit. The requesting party shall pay the
full cost of the transcription upon completion.
Tapes of proceedings may not be removed from
the Court.
RULE 11.2 The Court may assess a
court cost
of $25.00 to make a record of any proceeding before
the Court.
RULE 11.3 Upon request of the
Court, Plaintiff or
the moving party in any hearing shall retain the service
of a private court reporter to keep a verbatim stenographic
record of the hearing and shall pay the costs of the private
court reporter unless otherwise ordered by the Court.
Plaintiff or the moving party shall file with the Court a notice
of the name, address, and telephone number of the private
court reporter at least three days prior to the hearing. A
private court reporter so retained may be designated by
the Court as the official court reporter for the purpose of
recording the proceedings at such hearing.
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CONDITIONS
FOR BROADCASTING AND PHOTOGRAPHING COURT PROCEEDINGS |
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RULE 12.1 No radio or television
transmission,
voice recording device, other than a device used
by a court reporter making a record in a
proceeding, or the making or taking of pictures
shall be permitted without the prior express
consent of the Court and pursuant to Sup. R. 12.
RULE 12.2
The use of cell phones, for any
purpose, by non-court personnel is prohibited
without prior authorization of the court.
Any
violation of this rule will result in the phone being
confiscated by court security.
A confiscated
phone may be picked up at the court security desk
at the close of the business day.
No photographs
shall be taken at any time without prior authorization
of the court.
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HOURS
OF THE COURT |
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RULE 53.1 The Court and its offices will
be open for the transaction of business from
8:30 a.m. to 4:30 p.m. daily, except Saturday,
Sunday, and legal holidays, unless otherwise
determined by the Court.
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EXAMINATION
OF PROBATE RECORDS |
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RULE 55.1 Court records shall not be
removed
from the Court, unless authorized by judgment
entry.
RULE 55.2 Copies of open records may be
obtained at the cost per page set forth on
Appendix A.
RULE 55.3 Confidential files shall not be
inspected, unless authorized by judgment entry.
RULE 55.4 For
the purpose of maintaining the
efficient operation of the Court and protecting
court records, the use of copying equipment
brought into the Court for Purposes of
duplicating court documents may be reasonably
limited by the Court
RULE 55.5 Prior to filing or submitting
a document
with the Court, all personal identifiers shall be redacted
from the document. When personal identifiers are
redacted from a document, the filer shall submit that
information on standard form 45(D) Confidential Disclosure
of Personal Identifiers. No Inventory or Account shall be
approved and no fees shall be paid upon the failure to file
form 45(D) unless otherwise ordered by the Court.
RULE 55.6 Public access terminals,
microfilm and microfiche
machines are to be utilized on a first come, first serve basis.
The Court will supply a sign in sheet with designations of 30
minutes
each for public use of the equipment. Once the allotted time
period
expires, the individual may sign up for an additional time
increment.
Rule 55.7
The Trumbull County Probate Court has jurisdiction over
a variety of confidential matters. As a result, the Court
protects the rights
and confidences of parties and officially speaks through its
journal entries.
No Probate Court staff member is authorized to speak on behalf
of the
Court unless authorized by reference or journal entry.
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FILINGS
AND JUDGMENT ENTRIES |
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RULE 57.1 An applicant shall include
the
applicant's e-mail address, and Driver's
License Numbers
on papers, pleadings, and
other documents, as required by the Court.
RULE 57.2 Ohio Supreme Court Registration
Numbers assigned to attorneys representing
all parties to proceedings and the attorney's
e-mail address, shall be included on papers,
pleadings, and other documents, as required by the
Court. All filings must be signed by the individual
attorney as the attorney of record for a party
and not as a legal entity. A person who is not the
attorney of record shall not sign on behalf of the
attorney of record.
RULE 57.3 Papers, pleadings, and other
documents that are incomplete, or not of sufficient
quality to be imaged, microfilmed, or stored
electronically
may be refused
for filing, or,
if filed, may be stricken from the
files. In the event of a dispute regarding filings made
via U.S. mail or other postal carrier, the Court
may require filing in person to a deputy clerk.
All briefs or memoranda of law shall comply
with the Supreme Court Rules for Reporting of
Opinions unless otherwise ordered by the Court.
Copies of all opinions previously referred to as
"unpublished" that are not posted on the Ohio
Supreme Court website under rule 3 of the Supreme
Court Rules for Reporting of Opinions shall be
attached as appendices unless otherwise ordered by
the Court.
RULE 57.4 Upon the filing of any legal
action
that affects an estate, a trust, or a guardianship,
the fiduciary shall file a notice of litigation with
the Court. The notice may conform to the form
attached as Appendix B.
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FACSIMILE
FILING |
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RULE 57.5 Pursuant to Civil Rule 5 (E), the
Court in its discretion may allow facsimile filing
during regular business hours of the Court as set
forth in Local Rule 53.1. Any documents
received after regular business hours shall be
deemed filed the following business day. Only
documents subsequent to the initial pleading may
be filed with the probate court by facsimile
subject to the following provisions:
(A) A document filed by facsimile shall
be accepted as the effective original and shall
be filed by the party or their attorney of record. All
risks of transmission shall be borne by the sender.
(B) All filings by facsimile shall be
accompanied by a cover page that states all of the
following information:
(1) The date of transmission;
(2) The name, telephone number,
and facsimile number of the
person transmitting
the
document;
(3) The case number and caption
of the case in which the
document is to be filed;
(4) The title of the document to
be filed;
(5) The number of pages being
transmitted.
(C) Any signature on documents
transmitted by facsimile shall be considered that
of the attorney or party that it purports to be for
all purposes. If it is established that the
documents were transmitted without authority,
the Court may order the filing stricken.
(D) The filing date of any
documents transmitted by facsimile
during regular business hours shall be the time
and date the document was received by
the probate court's facsimile machine.
(E) Any document filed by facsimile
that requires a filing fee may be rejected unless
the filer has complied with the mechanism
established by the probate court for the payment
of filing fees.
(F) The
dedicated fax number for the
Trumbull County Probate Court is (330)
675-3024. Filings faxed to any other number will
not be accepted unless otherwise authorized by the
Court.
(G) Papers, pleadings, and other
documents that are incomplete may be refused for
filing, or if filed, may be stricken.
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ELECTRONIC
FILING OF DOCUMENTS |
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RULE 57.6 Documents subsequent to the
initial pleading may be filed with the probate
court by electronic means subject to the following
provisions:
(A) A document filed by electronic
means shall be accepted as the effective original and
shall be filed by the party or their attorney of record.
All risks of transmission shall be borne by the sender.
(B) Any signature on electronically
transmitted documents shall be considered that of
the attorney or party that it purports to be for all
purposes. If it is established that the documents
were transmitted without authority, the Court
may order the filing stricken.
(C) The filing date of any
electronically transmitted documents shall be
the
time and date the document was received by
the probate court's receiving device. This time
and date shall serve as the Court's time stamp for
the document.
(D) Any document filed electronically
that requires a filing fee may be rejected unless
the filer has complied with the mechanism
established by the probate court for the payment
of filing fees.
(E) Electronically transmitted
documents may be received during regular
business hours of the Court as set forth in Local
Rule 53.1. Any documents received after
regular business hours shall be deemed filed the
following business day.
(F) Papers, pleadings, and other
documents that are incomplete may be refused for
filing, or, if filed, may be stricken.
Rule
57.7
The Trumbull County Probate Court does not
accept filings via electronic mail.
No electronic mail received
and sent from the Trumbull County Probate Court is retained
except the following:
·
E-notices
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Archive requests
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E-filing confirmations
·
Case specific
correspondence that is copied to the official Court file
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CONSENT AND WAIVER
OF SERVICE BY TRUMBULL
COUNTY BAR ASSOCIATION MAILBOX |
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RULE 57.8 The maintenance by counsel of
a Trumbull County
Bar Association "mailbox" shall be deemed an explicit consent by
counsel
to receive in counsel's bar association "mailbox" held in
counsel's
individual name or firm's name any and all service by this
Court, at the Court's
option: counsel acknowledges that such bar association
"mailbox"; and further,
the maintenance by counsel of a bar association "mailbox" shall
also be deemed
to constitute a waiver of any alleged imperfections of service.
"Service" as
denoted under this Local Rule shall be deemed to apply only as
to service
by this Court upon counsel in counsel's representative capacity
as counsel
of record, guardian ad litem, or fiduciary in all pending
matters before this
Court, and not to counsel individually.
Notwithstanding anything herein to all contrary, counsel who
maintain a bar
association "mailbox" may revoke the "consent" and "waiver" of
service
provisions under the Local Rule by executing a written "Notice
of Revocation
of Consent & Waiver of Service by Bar Association Mailbox" in a
form
substantially as follows: "Now comes
(name of attorney), who
hereby gives notice
of his/her revocation of the consent to and by Bar Association
Mailbox" in a form
substantially as follows: "Now comes (name
of attorney), who hereby gives notice
of counsel's revocation of consent to and waiver of service
through counsel's
Trumbull County Bar Association "mailbox" pursuant to Local Rule
57.8,
and hereby request that all future service be completed by the
Court as
specifically provided by the Civil Rules or as otherwise
provided by law.
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ENTER
APPEARANCE AS ATTORNEY OF RECORD |
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RULE 57.9 Parties receiving a notice of
hearing
shall provide a copy of the notice to their attorney
so that he or she can enter an appearance and
receive notification of future hearings.
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REIMBURSEMENT OF EXPENSES |
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RULE 57.10
Any request for reimbursement of
costs
or other expenses shall be supported by receipts,
vouchers or other proof unless otherwise ordered by the Court.
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DEPOSIT
FOR COURT COSTS |
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RULE 58.1 The amounts set forth on
Appendix
A shall be deposited with the Court upon the
filing of the respective actions and proceedings.
RULE 58.2 The Court may order the
parties
to submit an advance deposit of costs for
professional or other fees.
Upon the filing of a demand for a jury trial, the party
making the demand shall file an advance deposit for
costs for juror fees in the amount of $500.00 or such
other amount as the Court may determine.
RULE 58.3 Papers, pleadings, and other
documents may be refused for filing, or, if
filed, may be stricken for failure to make
deposits, or to pay court costs, except for good
cause shown.
RULE 58.4 No appointment shall be made if
there is a failure of the fiduciary or the
fiduciary's attorney to pay court costs.
Failure of the fiduciary or
the
fiduciary's
attorney to make additional deposits,
or to pay court costs, shall be grounds for
removal.
RULE 58.5 For claims against estates,
see
Loc. R. 62.1.
RULE 58.6 For the purpose of procuring and
maintaining computerized legal research
services an additional fee of One Dollar and Fifty
Cents ($1.50) shall be collected as costs in each
cause filed in an estate, wrongful death
guardianship, trust, minor settlement, civil
action, correction of birth record, registration of
birth, change of name, or adoption.
RULE 58.7 A member of the United states Armed
Services who died while serving in a combat zone
or as a result of wounds , disease, or injury incurred while
serving
in a combat zone shall be exempt the following fees
as prescribed in R.C. 2101.16:
1. Any fee for or associated with the filing of the
decedent’s will for probate;
2. Any fee for any services rendered by the probate
court associated with
the administration of decedent’s estate;
3. Any fee for relieving decedent’s estate from
administration
under R.C. 2113.03;
4. Any fee for granting an order for summary release
from administration under R.C. 2113.031.
5.
Any
fee associated with a short form release, pursuant
to local rule 75.3(C).
RULE 58.8 The Clerk of the Probate Court may
charge a reasonable fee in each action or proceeding
filed, including full administrations of estates, trusts,
guardianships, conservatorships, civil actions,
wrongful death actions, change of name, and adoption
proceedings, for the purpose of the resolution of
disputes within the jurisdiction of the Probate Court
and authorized by the Local Rule of Practice
pursuant to R.C. 2101.163. (Eff. 4-8-04).
RULE 58.9 The Clerk of the Probate Court may charge
a fee of $21.50 for each certified copy of a birth record
ordered in an adoption or correction of birth record to
be forwarded to Ohio Department of Health, Division
of Vital Statistics for the issuance of a replacement
or
corrected birth certificate pursuant to R.C. 3109.14,
3705.24(A) and (B), and 3705.242.
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WILLS |
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RULE 59.1 If a will confers a power to
nominate an executor as described in R.C.
2107.65, the application to probate the will shall
include a concise statement setting forth the item
number of the will that confers the power, and the
name(s) of the holder(s) of the power.
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APPRAISERS |
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RULE 61.1 An appraiser must be experienced
in appraising property in Trumbull County,
Ohio, and shall not be a member of the family,
business associate, or client of the fiduciary, the
fiduciary's attorney, or other person interested in
the estate.
RULE 61.2
Upon application and good cause
shown, the Court may authorize the fiduciary by
order, to use the County Auditor’s tax value for
real property in an estate in lieu of an appraisal.
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INVENTORY |
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RULE 100.1
Except for good cause shown, the
costs of citations shall be deducted from the
fiduciary's compensation.
Rule 100.2 Except for good cause
shown,
estate assets shall not be transferred, or
distributed until the inventory or inventory and
appraisement has been filed and approved by
judgment entry.
RULE 100.3
All applications for authority to
administer estate, application for appointment for
guardian, or trustee shall be accompanied by a bond
in the amount required by law unless the applicant
files a motion to waive bond pending the filing of the
inventory.
If said motion is granted, bond shall be filed at the
time of the filing of the inventory.
A motion to
continue the waiver of bond may be filed if the
fiduciary either completes a criminal background
check performed by the Trumbull County Sheriff’s
Department using the WEBCHECK system, or the
assets of the trust have been placed in a restricted
account with no withdrawals unless authorized by the
Court.
All unless otherwise ordered by the Court.
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TRANSFER
OF STRUCTURED SETTLEMENTS |
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RULE 101.1 The person giving independent
professional advice to the payee regarding the
legal and other implications of the transfer of a
structured settlement pursuant to R.C.
§2323.583 (C) shall be present at the hearing.
RULE 101.2 Upon application for the transfer
of a structured settlement, an affidavit shall be
filed regarding the status of any child support
owed by the applicant
RULE 101.3 In all transfer of structured
settlement matters, a criminal background check
of the prospective transferor shall be performed
by the Trumbull County Sheriff's Department
using the WEBCHECK system, within five days
of the filing of the motion. In addition, a criminal
background check of the law enforcement agencies
shall be performed by an investigator appointed by
the Court.
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Change
of Name |
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RULE 102.1
Except
for good cause shown, before
a change of name is granted, a criminal background check
of the applicant(s) shall be performed by the
Trumbull County Sheriff’s Department using the
WEBCHECK system.
Each applicant shall sign a
Consent to Criminal Background Check and appear
at the Trumbull County Sheriff’s Department for the
Webcheck within five days of filing of the
application.
In addition, the Consent shall authorize
the court investigator appointed by the Probate Court
to perform a criminal background check of the local
law enforcement agencies.
RULE 102.2 The Court, in its discretion, may
deny an
application for change of name to the following individuals:
1) An individual who is in arrears for any child support
payment, or
2) A Sexual Predator/Offender as defined in the Ohio
Revised Code.
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CLAIMS AGAINST ESTATES |
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RULE 62.1 The amount set forth on Appendix
A shall be deposited with the Court upon the
filing of a claim pursuant to R.C. 2117.06.
RULE 62.2 An executor authorized by the will
to make a compromise or settlement of a claim
against an estate shall apply to the Court for
authority to compromise or settle any claim on
behalf of the estate.
RULE 62.3 All fiduciaries shall apply to
the
Court for authority to compromise or settle any
claim on behalf of the estate, including but not
limited to personal injury claims of the decedent.
RULE 62.4 Any electronic transfer of
settlement
funds shall be preceded by a written consent of
the fiduciary filed with the Court. Payment of
any settlement funds pursuant to electronic
transfer is at the risk of the insurance company
until funds are distributed pursuant to judgment
entry.
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APPLICATION
TO SELL PERSONALTY |
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RULE 63.1 The affidavit and report required
by R.C. 2109.45 and 2113.42 shall include a
statement that the property was not purchased by
the fiduciary, by a member of the fiduciary's
family, or by an agent of the fiduciary.
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ACCOUNTS |
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RULE 64.1 Except for good cause shown, the
costs of citations shall be deducted from the
fiduciary's compensation.
RULE 64.2 (A) If a fiduciary is delinquent in
filing an account, and no extension of time for
filing has been granted, the Court may refuse to
appoint the fiduciary to another office of trust.
(B) Fiduciaries or their counsel shall
retain vouchers, receipts, cancelled checks or other
proof of transactions until the final account has been
approved by the Court. Fiduciaries or their counsel
shall submit vouchers, receipts, cancelled checks or
other proof of transactions upon the request of the Court.
At any hearing on objections to the account, counsel
for the fiduciary shall introduce into evidence in
support of the account such vouchers, receipts,
cancelled checks or other proof of transactions.
RULE 64.3 Every fiduciary shall render an
account for each estate, trust, or guardianship at
least once each year, unless otherwise ordered by
the Court.
RULE 64.4 A Trustee shall provide a copy of
the annual account to all parties interested in
the Trustee's account.
RULE 64.5 A Trustee shall file a current list
of the names and addresses of all persons
interested in the trust and the interest of each
party in the trust with the Trustee's annual
account.
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ONLINE
BANKING AND REPORTING PROJECT |
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RULE 64.6 Fiduciary's participating in
the
Trumbull County Probate Court Online
Banking and Reporting Project may establish
an online banking interface for a fiduciary
account. This interface may be used to
conduct transactions electronically with prior
court approval. The Court may authorize
individual or repeated periodic payments
utilizing the online banking interface
The Fiduciary may submit to the
Court an online statement of the Fiduciary
account as an appendix to the account form.
This online statement may be submitted to the
Court as an alternative to the certification from
the financial institution of the balance in the
account and may also be submitted to the
court as an alternative to other proof or
evidence regarding each transaction listed
thereon. Submission of the online statement
does not excuse the fiduciary from retaining
vouchers or other proof of transactions for a
time period of three years from the date of
filing so they may be used as evidence in the
event that any of the financial transactions
should be challenged.
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LAND
SALES |
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RULE 65.1 The affidavits required by Sup.
R.
65 (A) shall include a statement that the property
was not purchased by the complainant, by a
member of the complainant's family, or by an
agent of the complainant.
RULE 65.2 In all actions to sell real
estate, the
application to the Court to allow a real estate
commission, required by R.C. 2127.28, shall
state the specific amount of the commission
requested.
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GUARDIANSHIPS |
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RULE 66.1 Except for good cause shown, an
application for the appointment of a guardian
shall contain the name of one proposed ward and
shall be heard separately from any other
application. Except for good cause shown, the
hearing on the application for the appointment of
a guardian shall be attended by the applicant and
the proposed ward.
RULE 66.1.1 The Trumbull County Probate Court
hereby adopts
the Ohio Minimum Standards for
Guardians of the Supreme
Court of Ohio. The Standards
are attached as Appendix L.
RULE 66.2 Upon the filing of an
application for the
appointment of a guardian, the proposed ward has the
following rights:
the right to be present at the hearing to contest the
application,
and to be represented by an attorney of the proposed ward’s
choice;
the right to have a friend or family member of the
proposed ward’s choice present at the hearing;
the right to have evidence of an independent expert
evaluation introduced at the hearing;
the right to request an attorney, and an independent expert
evaluation to be appointed at court expense if the proposed
ward is indigent;
the right to have an attorney appointed, and necessary
transcripts
prepared at court expense if the proposed ward appeals the
guardianship decision, and is indigent;
the right to have considered for appointment a person
nominated in a separate document by the proposed ward.
In the event of an adjudication of incompetence, the guardian
may
present evidence to establish the least restrictive form of
guardianship,
and that the ward has the competence to exercise the following
rights:
the right to vote;
the right to marry;
the right to make a will;
the right to terminate a marriage;
the right to retain a driver’s license.
The ward retains the following rights during the guardianship
providing
the exercise of the rights is not detrimental to the health,
safety and welfare of the ward or others:
the right to be treated with dignity and respect;
the right to privacy and confidentiality;
the right to participate in decisions regarding housing;
the right to receive the level of care that protects the ward’s
health, safety, and welfare;
the right to participate in medical care and treatment
decisions;
the right to an inventory of personal property, and the right to
participate in decisions regarding the disposition and /or sale
of
personal property;
the right to an accounting of the disposition and/or sale of any
personal property;
the right to the free exercise of religion;
the right to continue contact with family and friends providing
the contact is not
detrimental to the health, safety, and welfare of the ward;
the right to receive veteran’s benefits if the ward qualifies as
a result of military service;
the right to an annual review of the guardianship;
the right to have access to the courts to challenge the need for
guardianship
and/or the administration of the guardianship.
RULE 66.3 Each guardian shall file an
annual
report with the Court containing the information
required by the Court. No guardian shall change
the residential placement of a ward without prior
application to and approval of the Court. The
application shall state
the reason for relocating the
ward and any
recommendation for relocation made
by health
providers.
RULE 66.4 An application for the
appointment
of a guardian of a minor shall not be filed if the
only reason for the guardianship is to establish a
residency for school purposes. Custody for school
purposes is a matter to be heard and determined
in the Juvenile Division of the Court of Common
Pleas. No guardian of the person of a minor may
create a power of attorney pursuant to R.C. 3109.52
transferring the guardian’s rights and responsibilities
without specific authority of the Court.
RULE 66.5 Guardianship assets shall not be
expended until a written application has been
heard by the Court and allowed by judgment
entry.
RULE 66.6
Except for good cause shown, before a
guardian is appointed, a criminal background check of
the applicant(s) shall be performed by the Trumbull County
Sheriff’s Department using the WEBCHECK system and/or
such other background check as ordered by the Court by
Judgment Entry. Each applicant shall sign a Consent to Criminal
Background Check and appear at the Trumbull County Sheriff’s
Department for the Webcheck within five days of filing of the
application. In addition, the Consent shall authorize the court
investigator appointed by the Probate Court to perform a
criminal background check of the local law enforcement agencies.
In the event that the criminal background check indicates a
charge
that would disqualify the applicant from serving, the Court,
in its discretion, may hold a hearing on reformation. At the
hearing,
the applicant has the burden of proof that the applicant is
suitable
to serve despite the unfavorable background check.
RULE 66.7 Medical and psychological
reports
are confidential and there shall be no access to
these reports without prior order of the court.
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CONSERVATORSHIPS |
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RULE 66.8 All rules governing Guardians
shall govern Conservators unless otherwise
provided by law or order of the Court.
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MANDATORY REPORTERS |
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RULE 66.9
(A) Any attorney, guardian, or
any person in a fiduciary relationship with a
ward of the Court having reasonable cause to
believe that the ward is being abused, neglected,
or exploited, or is in a condition which is the
result of abuse, neglect, or exploitation shall
immediately report to the Probate Court.
(B) Any person having reasonable
cause to believe that a ward has suffered abuse, neglect,
or exploitation may make a report to the Probate Court.
(C) The reports made under this rule shall
be made orally or in writing except that oral reports shall be
followed by a written report if a written report is requested by
the Probate Court. Reports are confidential and there shall be
no access to these reports without prior order of the court.
Written reports shall include:
(1) The name, address, and approximate age of the ward who is the
subject of the report;
(2) The name and address of the individual responsible for the ward’s
care, if any
individual is, and if the individual is known;
(3) The nature and extent of the alleged abuse, neglect, or exploitation
of the ward;
(4) The basis of the reporter's belief that the ward has been abused,
neglected, or exploited.
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ESTATES
OF MINORS OF NOT MORE THAN TEN THOUSAND DOLLARS |
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RULE
67.1 Upon the opening of a
court-ordered account under $25,000 (“restricted
account”), the account shall be titled in the sole
name of the minor. All interest and principal shall
be impounded. Deposited funds shall not be
released until the minor reaches age 18 or upon
further order of the Court. The verification of
receipt and deposit from the bank filed with the
Court shall contain the information required by the Court.
RULE 67.2
Certificates of deposit may be renewed
without court order, even if there is a change of interest
rate or term. Funds may be moved from savings account
to certificate of deposit (or vice versa) without a court
order and shall remain a restricted account. A transfer to
any other bank product shall require a court order.
RULE 67.3
Funds may be released to the account
owner (the former minor) by the bank at the age of 18
without a court order.
RULE 67.4
On an annual basis, the Court will
provide a list of restricted accounts to the bank.
The bank will provide the balance in each account
or give the date that each account was closed. The
bank may use the Court’s electronic filing system to
provide this information.
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SETTLEMENT
OF INJURY CLAIMS OF MINORS |
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RULE 68.1 An application shall be
accompanied by a current statement of the
examining physician as provided in Sup. R. 68
(B). The presence of the injured minor shall be
required at the hearing as provided in Sup. R. 68
(C) except for good cause shown.
RULE 68.2 Upon the opening of a
court-ordered
account ("restricted account"), the account shall be
titled in the sole name of the minor. All interest and
principal shall be impounded. Deposited funds shall
not be released until the minor reaches age 18 or
upon further order of the Court. The verification of
receipt and deposit from the bank filed with the Court
shall contain the information required by the Court.
RULE 68.3 Certificates of deposit may be
renewed without court order, even if there is a change
of interest rate or term. Funds may be moved from
savings account to certificate of deposit (or vice versa)
without a court order and shall remain a restricted account.
A
transfer to any other bank product shall require a court order.
RULE 68.4 Funds may be released to the
account
owner (the former minor) by the bank at the age of
18 without a court order.
RULE 68.5 On an annual basis, the Court will
provide a list of restricted accounts to the bank.
The bank will provide the balance in each account
or give the date that each account was closed. The
bank may use the Court’s electronic filing system
to provide this information.
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SETTLEMENT
OF CLAIMS OF OR AGAINST ADULT WARDS |
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RULE 69.1 A guardian shall not settle the
claim of an adult ward without application to and
approval by the Court of the settlement.
RULE 69.2 Funds deposited into restricted
accounts shall not be released until a written
application has been heard by the Court and
allowed by judgment entry. All interest and
principal shall be impounded.
RULE 69.3 Certificates of deposit may be
renewed without court order, even if there is a
change of interest rate or term. Funds may be
moved from savings account to certificate of
deposit (or vice versa) without a court order and
shall remain a restricted account. A transfer to any
other bank product shall require a court order.
RULE 69.4 The verification of receipt and
deposit from the bank filed with the Court shall
contain the information required by the Court.
RULE 69.5 On an annual basis, the Court
will
provide a list of restricted accounts to the bank.
The bank will provide the balance in each account
or give the date that each account was closed. The
bank may use the Court’s electronic filing system
to provide this information.
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COUNSEL
FEES |
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RULE 71.1 To comply with the recent
decision
of the 11th District Court of Appeals and pursuant
to Prof. Cond. Rule 1.5, counsel fees shall be limited
to reasonable and necessary legal services actually
performed by the attorney. Counsel shall not be
compensated for non-legal services at the hourly rate
for legal services. Counsel shall have the burden of
proof to show that counsel fees are reasonable and
necessary and benefitted the estate, guardianship or trust.
When counsel fees are itemized, the itemization shall
include the date of the specific legal service, the time
spent on each specific service, and the hourly rate charged.
Counsel shall separately itemize each specific service and
shall not bundle the list of services over the course of a day.
The itemization for counsel fees shall not include charges for
clerical work, filing, preparation of a bill, motions for
counsel fees, and fiduciary work.
Legal services includes, but is not limited to: appearances in
court, drafting and preparation of pleadings and other papers
for filing in court, legal advice and counsel, management of
legal actions and proceedings before the court, explanation
of legal consequences of specific decisions, negotiating on
behalf of clients with adverse parties, preparing settlement
packages, and making settlement demands.
Paralegal and non-legal services shall be itemized separately
and shall not be charged at the rate for legal work.
If the motion for counsel fees does not comply with this rule,
it will be returned to counsel for compliance.
RULE 71.2 (A) An application for
allowance
of counsel fees for legal services rendered as the
attorney for the executor or administrator in the
complete administration of a decedent's estate
shall conform to the computation form attached
as Appendix C or be itemized as described in (B).
The Court, in its discretion, may require an
application for counsel fees to be itemized as
described in (B), or to conform to the computation
form attached as Appendix C.
(B) All other applications for the
allowance of counsel fees shall set forth an
itemized statement of the services performed by
counsel, the date services were performed, the time
spent in rendering the services, and the rate
charged per hour.
(C) Counsel shall include a
separate itemization for those services
rendered by paralegals or other persons as
required above in (B).
(D) Expenses shall be itemized
separately and shall be supported by paid receipts
or canceled checks.
RULE 71.3 (A) Counsel fees shall not
be paid
by the fiduciary until a written application has
been approved by judgment entry.
(B) Interested parties may waive
notice of hearing and sign written consents to
applications for approval of counsel fees.
RULE 71.4 When counsel fees are allowed
for
services that are normally performed by the
fiduciary, the fiduciary's compensation shall be
reduced by the amount allowed to the attorney
for those services rendered unless, for good
cause shown, the Court finds that such a ruling
would be unfair.
RULE 71.5 Counsel fees may be reduced by
the Court when the attorney, or a member of the
attorney's firm, will receive compensation as the
fiduciary.
RULE 71.6 Prior to a fiduciary entering
into a
contingent fee contract with an attorney for any
legal services, an application for authority to
enter into the contract shall be filed with and
approved by the Court. The application may
conform to the form attached as Appendix D.
Otherwise, counsel fees may be determined on a
quantum meruit basis.
RULE 71.7 At the time of entering into
a
contingent fee agreement, if there is a fee splitting
agreement, the fee split and the identity of all
lawyers participating must be disclosed in
writing. Counsel shall file with the Court a copy
of any fee splitting agreement.
RULE 71.8 Unless otherwise ordered by the Court,
applications for the allowance of fees or commissions
and other compensation to an attorney, executor,
administrator or other fiduciary shall not be set for
hearing. If the Court orders a hearing, the
applicant
shall offer expert testimony as to fairness and reasonableness
of fees charged for probate work in the Trumbull County area.
RULE 71.9 All attorneys representing
fiduciaries
or applicants to be appointed fiduciaries shall notify
the Court in writing if they do not maintain professional
liability insurance in addition to notifying their clients
pursuant to Prof. Cond. Rule 1.4 (c).
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EXECUTOR'S
AND ADMINISTRATOR'S COMMISSIONS |
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RULE 72.1 (A) An application for
allowance
of executor's or administrator's commissions for
ordinary services rendered in the complete
administration of a decedent's estate may
conform to the computation form attached as
Appendix E.
(B) The Court may set a hearing
on an application for allowance of executor's or
administrator's commissions, and if a hearing is
scheduled, notice shall be given to all parties
affected by the payment of commissions, unless
otherwise ordered by the
Court.
(C) Interested parties may waive
notice of hearing and sign written consents to
applications for approval of executor's or
administrator's commissions.
RULE 72.2 The itemized statement for
extraordinary services required by Sup. R. 72
(A) shall itemize the services performed, the date
services were performed, the time spent in
rendering the services, and the rate charged per
hour.
RULE 72.3 Executor's and administrator's
commissions of an ordinary or extraordinary
nature shall not be paid from the decedent's estate
until a written application has been approved by
judgment entry.
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COMMISSIONERS |
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RULE
72.4 All rules governing Executors
and Administrators except those regarding
fiduciary commissions shall govern
Commissioners unless otherwise provided by law
or order of the Court.
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GUARDIAN'S
COMPENSATION |
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RULE 73.1 Unless otherwise provided by
law,
or ordered by the Court, a guardian may charge
an annual fee for ordinary services in accordance
with the schedule of compensation set forth on
Appendix F.
RULE 73.2 (A) An application for
allowance
of guardian's compensation for ordinary services
rendered in the administration of each separate
guardianship estate may conform to the
computation form attached as Appendix G.
(B) An application for allowance
of guardian's compensation shall be submitted to
the Court for approval with the annual guardian's
account.
(C) Interested parties may waive
notice of hearing and sign written consents to
applications for approval of guardian's
compensation.
RULE 73.3 Where there is a claim for
extraordinary services or fees of a guardian of
a person, the application shall set forth an
itemized statement of the services performed, the
date services were performed, the time spent in
rendering the services, and the rate charged per
hour.
RULE 73.4 Guardian's compensation of an
ordinary or extraordinary nature shall not be
paid from the ward's estate until the application
has been approved by judgment entry.
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TRUSTEE'S
COMPENSATION |
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RULE 74.1 Unless otherwise provided by the
instrument creating the trust, by law, or ordered
by the Court, a testamentary trustee may charge
an annual fee for ordinary services in accordance
with the schedule of compensation set forth on
Appendix H.
RULE 74.2 (A) An application
for allowance
of trustee's compensation for ordinary services
rendered in the administration of each separate
trust estate may conform to the computation form
attached as Appendix I.
(B) An application for allowance
of trustee's compensation shall be submitted to
the Court for approval with the annual trustee's
account.
(C) The Court may set a hearing
on an application for allowance of trustee's
compensation, and if a hearing is scheduled,
notice shall be given to all parties affected by the
payment of compensation, unless otherwise
ordered by the Court.
(D) Interested parties may waive
notice of hearing and sign written consents to
applications for approval of trustee's
compensation.
RULE 74.3 The application required by Sup.
R. 74 (B) shall set forth an itemized statement of
the services performed, the date services were
performed, the time spent in rendering the
services, and the rate charged per hour.
RULE 74.4 Trustee's compensation of an
ordinary or extraordinary nature shall not be
paid from the trust estate until the application has
been approved by judgment entry.
RULE 74.5 All cases filed with the Court
under Ohio
Revised Code Title 58, Ohio Trust Code shall be
initiated by a Complaint and service of process shall
be served as provided by law.
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MOTIONS
AND HEARINGS |
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RULE 75.1 (A) All motions and
responses
shall be submitted in writing, accompanied by a
memorandum on the related law, and shall
include a proposed judgment entry.
(B) The Court may rule on all
motions based on the pleadings, without a
hearing, unless a hearing is scheduled by the
Court or granted by the Court upon the request of
a party.
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TAX
PROCEEDINGS |
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RULE 75.2 (A) All estate
tax filings in the
Court shall conform to the requirements of
Chapter 5731 of the Revised Code.
(B) The Ohio estate tax return
should be filed with the Court no sooner than
three (3) months from the date of the appointment
of the fiduciary.
(C) Each attorney, or other
person filing an estate tax return, shall also
prepare and deliver to the Court the Ohio Estate
and additional tax return filing notice.
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RELEASE
FROM ADMINISTRATION |
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RULE 75.3 (A)
Notice by publication as
provided in R.C. 2113.03 shall be required unless
found unnecessary by judgment entry.
(B) An appraiser's report as
provided in R.C. 2113.03 shall be required unless
found unnecessary by judgment entry.
(C) The application for a short
form release attached as Appendix J may be
filed where the assets of an estate are less than
$20,000.00 and there is a surviving spouse and/or
minor children, or where the assets of an estate
are less than $10,000.00 and there is no surviving
spouse or minor children and evidence is
presented at the time of filing establishing that
the funeral expenses have been paid to the extent
of the estate priority allowance.
(D) The Court may require
verification of payment of claims in the order
of priority outlined in R.C. 2117.25.
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ADOPTIONS |
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RULE 75.4 (A) To maintain the
confidentiality of adoption records, each
adoption petition shall contain the name of one
person proposed for adoption.
(B) The adoption petition shall
allege the grounds upon which the Court may find
that the consent of a person required to consent to
the adoption is not necessary. The adoption
petition shall also allege the circumstances under
which the person proposed for adoption was
placed with the petitioner.
(C) Each person consenting to an
adoption shall sign a separate consent to adopt
form which shall be filed with the Court. Except
for good cause shown, a consent shall not be signed
more than 30 days before filing the petition for
adoption.
(D) A petitioner's account form
shall be filed in each adoption proceeding. For
good cause shown, the Court may waive some
account filings in the adoption proceeding. No
fee or retainer shall be taken without prior
approval of the Court
(E) All persons entitled to notice
of an adoption hearing shall be served with notice
in accordance with the Rules of Civil Procedure
even though those persons have signed and filed a
written consent to adopt form.
(F) Except for good cause shown,
service by publication in accordance with the
Rules of Civil Procedure shall be made on an
unnamed parent or parents.
(G) The petitioner or the
petitioner's attorney shall provide the Court with
written instruction for service or an affidavit that
service was properly made when any question
arises regarding service.
(H) In all adoption matters, a
criminal background check of the Petitioner and
any person 18 years old or older living in the home
must submit to a WEBCHECK performed by the
Trumbull County Sheriff's Department using the
the WEBCHECK system, within five days
of the filing of the adoption (or placement)
petition. In addition, a criminal background
check of the local law enforcement agencies
within the county
shall be performed by the
adoption assessor appointed by the court.
(I) If there is a pending
proceeding in a juvenile or domestic relations
court, the probate court will not proceed on
a petition for adoption until the matter is
concluded in that juvenile or domestic relations
court.
(J) Upon the filing of a petition,
the petitioner shall disclose to the Court in
writing whether the petitioner owes any back due
child support and whether any back due child
support is owed by the birth parents for the
prospective adoptee.
(K) In all private adoptions, a home
study shall be completed by a licensed agency and
filed with the Court no less than 10 days prior to the hearing.
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GUARDIAN
AD LITEM |
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RULE 75.5 (A) A guardian ad litem
may be an
attorney who is not associated with an attorney of
record for the proceeding in which the guardian
ad litem has been appointed.
(B) A guardian ad litem may be
appointed upon the motion of either party or on
the Court's own motion.
(C) The Court may order a
guardian ad litem appointed at any time that it
deems necessary and essential to protect the
interest of a minor child or to represent an
incompetent person or incapacitated adult.
(D) The guardian ad litem shall be
selected and appointed solely by the Court in
accordance with the qualifications and guidelines
established by this Court.
(E) Unless otherwise provided, it
is the responsibility of each party involved to
timely contact the guardian ad litem and to
provide the guardian ad litem with information
relating to the case.
(F)
Unless otherwise ordered by
the Court, upon application and entry, guardian
ad litem fees shall be based on a reasonable
hourly rate for time expended. Fees may be
charged as a court cost. The Court may require
an advance deposit for costs.
(G) All applications
for the allowance of guardian ad litem fees
shall set forth an itemized statement of the
services performed, the date services were
performed, the time spent in rendering the
services, and the rate charged per hour.
(H) Unless otherwise directed by
the Court, the guardian ad litem shall prepare a
guardian ad litem report and deliver the report to
the Court with notice to the parties. The
guardian ad litem report shall be confidential.
There shall be no access without prior application
to and approval by the Court.
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REGISTRATION
OF
PARALEGALS |
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RULE 75.6 (A) Paralegals that perform services
in matters before this Court must be registered with
the Court. The Court recognizes two categories
of paralegals: "employee paralegals" who are
employed exclusively by one law firm and
only perform services for that firm as an
employee, and "independent paralegals" who
operate as independent contract paralegals
offering services to more than one firm.
(B) Registration shall be on the
form attached as Appendix K for employee
paralegals or Appendix L for independent
paralegals.
(C) Employee paralegals need
only register one time unless they no longer
work for the single firm they are registered
with as an employee. The registration form
must identify the firm and shall be signed by
an attorney of the firm stating that the
paralegal services will be supervised by the
attorney of that law firm. The attorney and
paralegal shall sign the registration form
attesting that the paralegal is qualified through
education, training, or work experience to
assist an attorney in matters before this Court
and this work will be supervised by an attorney
who will be held responsible for the work. The
law firm shall notify the Court when the paralegal
registered with the Court leaves the exclusive
employment of the law firm.
(D) Independent paralegals
shall be registered for each case in which the
independent paralegal is performing services,
identifying the case name, case number and
supervising attorney. The supervising attorney
and independent paralegal shall sign the
registration attesting that the paralegal is qualified
through education, training, or work experience to
assist an attorney in matters that will be filed in
this Court and this work will be supervised by an
attorney who will be held responsible for the work.
(E) Fee statements filed with
the Court shall itemize paralegal work
separately from services performed by an
attorney.
(F) A paralegal shall not sign
any document for the fiduciary, applicant, or
supervising attorney.
(G) Failure to comply with this
rule may result in the disallowance of fees and
such other action as the Court may deem
appropriate.
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ESTATES
WITH LITIGATION |
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RULE 75.7 (A) In estates involving litigation,
a final and distributive account shall be filed as
soon as all assets have been administered and shall
indicate that the estate must remain open for
litigation purposes.
(B) Upon the filing of a final and
distributive account which indicates that an
estate must remain open for litigation purposes
only, no subsequent accounts shall be required.
Yearly status reports shall be filed by litigation
counsel.
(C) In estates opened for litigation
purposes only, where there are no assets to
administer, a motion to waive the inventory and
accountings pending receipt of funds into the
estate may be filed. Yearly status reports shall
be filed by litigation counsel and served on all
beneficiaries or next of kin.
(D) In an estate where litigation is
anticipated or pending, litigation counsel shall
file a notice of appearance and file an annual
status report of the litigation. When any
litigation has commenced, a notice of litigation
form shall be filed.
RULE 75 .8 (A) In actions for the transfer of
structured settlement payments under R.C.
2323.58 et seq. a copy of the annuity and
related assignments shall be filed with the
application for transfer.
(B) The Court shall grant a
transfer of structure settlement payment
applications only upon the showing of a
compelling reason or circumstance which was
not anticipated when the settlement was
initially negotiated and agreed upon.
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PRO
HAC VICE |
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RULE 75.9 An attorney, not licensed to
practice
law in the State of Ohio, but who is duly licensed
to practice law in any other state, District of
Columbia, the Commonwealth of Puerto Rico, or
territories of the United States may, in the
discretion of the Probate Judge, be permitted to
represent a party or parties in any matter pending
or to be filed in this county after completion of all
of the following conditions and must be in compliance
with Gov. Bar R. XII- Pro Hac Vice Admission.
A) The applicant attorney shall be sponsored in
writing by an attorney licensed to practice law in
the State of Ohio. A motion shall be filed by the
Ohio licensed attorney at least seven days prior to
the proceeding certifying such applicants'
compliance with this rule and the Rules for the
Government to the Bar;
B) The applicant attorney shall certify in writing
that he or she is on active status and in good
standing to practice law and is not under any
disability. Applicant shall further certify in
writing that he or she has familiarized himself or
herself with local court rules and will familiarize
himself or herself with the appropriate Civil Rules,
Rules of Evidence, and the Code of Professional
Responsibility;
C) The sponsoring attorney shall submit with the
motion and certification, an entry authorizing
approval of the motion;
D) The sponsoring attorney, or any other attorney
licensed to practice law in the State of Ohio, shall
be co-counsel with the attorney admitted pro hac
vice.
The continuance of any scheduled trial or hearing
date shall not be permitted solely because of the
unavailability or inconvenience of the out of state
counsel.
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COMPLIANCE |
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RULE 77.1 The Court may, in its discretion,
appoint an attorney and other person(s),
answerable to the Court, who shall investigate the
circumstances surrounding any failure or
apparent failure of a fiduciary or the fiduciary's
attorney to comply with the laws, the Rules of
Superintendence, or these rules. The appointee(s)
shall file a written report with the Court. The
compensation for the appointee(s) performing
these services shall be fixed by the Court,
according to the circumstances of each case, and
shall be taxed as costs or charged to the
fiduciary.
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SUPERVISION
OF ESTATES, TRUSTS, AND GUARDIANSHIPS |
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RULE 78.1 Certificate of service of notice
of
probate of will
(A) Fiduciaries appointed to administer
estates of decedents who have died testate on or
after January 1, 2002 are required to file
certificate of service of notice of probate of will
with waivers or certified cards attached, within
sixty days of their appointment or be subject to
removal proceedings.
(1) On the sixtieth day after
the appointment, a notice is sent
to the attorney for the fiduciary stating that the
fiduciary will be removed for failure to file the
certificate.
(2) If the certificate is not filed
within fifteen days, a citation is sent to the
fiduciary indicating that removal will occur if the
certificate is not filed within fifteen days.
(3) If the certificate is filed, the
Court records the filing and advances the system
to the next statutory filing requirement.
(4) If the fiduciary fails to file the
certificate within the required time period, the
fiduciary is removed and a successor fiduciary is
appointed.
(5) Extensions of time for filing
the certificate may be granted for good cause
shown by judgment entry.
RULE 78.2 Notice to File Inventory in
Estates, Trusts or Guardianships
(A) Notice must be timely sent to the
fiduciary to file the inventory.
(1) On the ninetieth day from the
appointment of the fiduciary in a decedent's
estate, a guardianship, or trust, a notice is sent to
the attorney for the fiduciary indicating that if an
inventory is not filed, removal will occur.
(2) If the inventory is not filed
within fifteen days, a citation is sent to the
fiduciary indicating that removal will occur if an
inventory is not filed in fifteen days.
(3) If the inventory is filed, the
Court records the filing and advances the system
to the next statutory filing requirement.
(4) If the fiduciary fails to file
the inventory timely, the fiduciary is removed
and a successor is appointed.
(5) Extensions of time for filing
inventories may be granted for good cause shown
by judgment entry.
RULE 78.3 Surviving Spouse's Right of
Election
"After the initial appointment of an
administrator or executor of the estate, the
probate court shall issue a citation to the
surviving spouse, if any is living at the time
of the issuance of the citation, to elect whether
to exercise the surviving spouse's rights under
Chapter 2106 of the Revised Code, including, after
the probate of the will, the right to elect to take
under the will or under section 2105.06 of the
Revised Code." R.C. 2106.01
RULE 78.4 Accounting by the Fiduciary
(A) At the time required by R.C.
2109.301 for the filing of an account, a notice is
sent to the attorney for the fiduciary to file an
account or the fiduciary will be removed.
(B) If an account is not filed within
fifteen days of the notice, a citation is sent to the
fiduciary indicating that removal will occur if an
account is not filed within fifteen days.
(C) If the account is not filed, the
fiduciary is removed and a successor fiduciary is
appointed.
(D) When a final account is filed and
approved, the estate, trust, or guardianship is
removed from the system, and the case documents
may be microfilmed or digitally stored and
disposed.
(E) Extensions of time for filing
accounts may be granted for good cause shown by
judgment entry.
RULE 78.5 The Court may require
verification of births, deaths or marriages to be
filed into the court record.
RULE 78.6 All fiduciaries shall deposit
assets
in a fiduciary account. Unless otherwise ordered
by the Court, the fiduciary account shall be
maintained in an institution within the boundaries
of Trumbull County, Ohio. All assets shall
remain in the state of Ohio unless otherwise
authorized by judgment entry.
RULE 78.7 (A) Upon the written consent of the
parties, the Court may send all notices and
citations via electronic mail.
(B) Electronic proof of service for
certified or express mail sent by the Court shall be
deemed in compliance with the service requirements
of Civil Rule 73 and Civil Rules 4.0 through 4.6
pursuant to authorization from the Supreme
Court of Ohio on September 19, 2005.
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CASE
MANAGEMENT OF ADVERSARY PROCEEDINGS |
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RULE 78.8 Adversary proceedings, as used
in
this rule, shall include the following actions: Will
Contest; Declaratory Judgment; Determination
of Heirs; Construction of Will; Complaint for
Accounting; Antenuptial Agreement;
Concealment of Assets; Land Sales; Complaint to
Purchase; Complaint for Judgment Entry
Declaring Will Valid; Presumption of Death;
Appropriations; and Objections to Inventories
and Accounts.
(1) A pre-trial conference should
be set thirty days after the answer date. Counsel
shall be present and prepared to report on the
following:
1. Whether all necessary
parties have been joined and
served with process;
2. Whether answers, counterclaims
and/or crossclaims have been
filed;
3. Issue(s) to be litigated;
4. Whether trial is to bench or
jury;
5. Anticipated length of trial;
6. Whether settlement negotiations
have taken place;
7. Status of discovery;
8. Whether trial subpoenas are
expected;
Counsel shall bring their trial schedules and/or
calendars and be prepared to schedule the
following:
1. Trial date;
2. Discovery cut-off;
3. Identification of expert
witnesses and production of
documents report;
4. Deadline for filing of pretrial
motions and replies;
5. Deadline for witness lists to be
exchanged and filed with the
Court;
6. Deadline for exhibits to be
exchanged and filed with the
Court;
7. Deadline for filing objections to
exhibits;
8. Deadline for filing of
stipulations.
(2) Notice of the pre-trial
conference shall be given to all attorneys of
record by mail at least fourteen days prior to pre-
trial.
(3) All requests for continuances
of the pre- trial conference shall be by motion.
The motion shall indicate whether counsel agrees
or opposes the continuance. Counsel shall notify
their respective clients and witnesses to any change
in the date and time of any trial or pretrial.
(4) Failure to appear for the pretrial
conference or failure to comply with this local
rule in any manner, may result in the imposition
of sanctions including, but not limited to,
monetary sanctions.
(5) At the conclusion of the
pre-trial conference, the Court shall prepare a
pre-trial order setting forth:
(1) Discovery deadline date;
(2) Exchange of witness list
deadline date;
(3) Pleading and briefing
schedules; and,
(4) a trial date.
(6) If a party is represented by
multiple counsel, a designation of lead and/or
trial counsel shall be filed in the record.
Rule 78.9 Counsel shall provide the Court with
copies of all exhibits offered to be admitted to
the record.
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