ATHENS COUNTY COURT OF COMMON PLEAS - Ohio

1 D ATHENS COUNTY COURT OF COMMON PLEAS .. PROBATE DIVISION LOCAL RULl:S These supplemental lotaf. rul4lt lire adopted pun:uant to the at1diorlty set forth In the Ohio Suprtmf COURT 's Roi of Superintendence and nu:mblilred at nequlred by Rule 75, Attached are mlsce~w fonns and Appendixes A through G referred to In these loaf rules and hertl>:, adopted for use In thb COURT . 9, 1 All persons shall be subfect to the ATHENS COUNTY Security Polley and Procedure Manuel, M adopted and as amended by the Courc, In ord4lr that appropriate level; of security prevail In the Col!rt to protect the integrity of COURT procedures, to procect she rights of tndlvlduals before the COURT , to deter those persons who would take violent action aralnst the COURT or fldpnts, and to sustain the proper decoram and dlrnlty of the COURT , and to ensure that COURT f-Klllties are stture for all persons, Bull S 1 , 1 Computer senerated fomu are permitted, hue must comply with the spedflcadons and format outllned by the Suprtme COURT In llule Sf and Computer renerated forms must be In the exact format lncludlna space for me stamping as the preprinted forms provided by the COURT .

2 SupreSM COURT form nutnbel'$ shall be lndudtld on such forms. The sisnature of the applicant or attorney constitutes a certificate that dte computer renerated forms comply with the rules. 6 S6 1L9 << 29 216S e~eqoJd oo sue4~v ,:go OL-20-LL02 ATHENS COUNTY COURT OF COMMON PLEAS PROBATE DIVISION LOCAL RULES These supplemental local rules are adopted pursuant to the authority s8' forth In the Ohio Supreme COURT 's Rules of Superintendence and numbered required by Rule 75, Attached are miscellaneous forms and Appendixes A throuah G reflfflld to In these local rules and hereby adopttd for use In this COURT . &ULE 9. I AU persoM shall be subject to the ATHENS COUNTY Stc:urlty Polley and Procedure Manuet, as adc,p ad and as amended by the COURT , In order that appropriate levels of security prevail In the COURT to protect the lnte,rlty of COURT procedures, to protect the rlahts of Individuals before the COURT ; to deter thon persons who would tak vlolent acdon against th COURT or lldrants, and to Mtaln the proper decoram and dlanU:y of the Coun, and to ensure that C:oun facilldes are secure for all persons.

3 Bult 51,1 Computer Jenerated forms are permitted, but must comply with the speclftcadom and format outlined by the Supreme Covrc In Rukl 51 and 52. Computer renerated forms be In the exact format lncfudlnc space for ffle stampln, as the preprinted fonns provided by the Coun. Supreme COURT Form numbers shall be lnduded on such forms. The signature of die applicant or attorney consth:utes a cerdffcate chac the computer senerated forll'l$ comply with &he nrlll$, 1 'i. d 6' 'i. ?L9 << 29' a~eqoJd o~ sue4~v 2:eo "J d RULE All computer 1enerated forms muse have tilt most ncent rtvl lon date In the lower rlshc hand corner amt when a COURT ciockedn1 code Is In the lowtr Ith band comer YoU muse add the codts to 1011r ,omputer 1enerated forms. lluft 5 l. t The Probatt COURT of ATHENS COUNTY , Ohio shall be open for the mnsactlou of ordinary buslnffl from 8;00 to 4:00 p,m, Monday, Tu-4ay, Wednesday, Thursday and Friday, with legal hoDdays as provided by law to bt observed '"''Pt as ocherwlse ordered by the COURT .

4 &ult Any person may represent llfmself or henelf am u In any matter before this COURT except as oth wlst ordered by the COURT for rood ause shown, No person, who Is not mmndy llcuued to practice law In Ohio may amst another person In matters befbre this COURT , unless appointed u a fiduciary or 111ardlan ad Utem or otherwise ordered t,y the COURT , If le comes to cht attention of the COURT , In open COURT , and In the pl'fltllCt of the COURT , that a person, not a duly Uctnffd Ohto ateomey, or relative of a per$0n, ls 111prewtdnr, assbdna, or advlslnr a m u PttSOn, and has, or Is rec41vln1 a fee for such service, the COURT may summarily find such person In contempt of the COURT , Such person, so found co b1 In contempt may be punished by this COURT , as Is provided by Ohio hvlsed Section 1705,01 n Bil and the matter wlll be referred to the Ohio Suprtme COURT 's Commission on Pracdc:e of Law, Bult 5511 Copies of rffl>t'ds may be obtained at a co,t per page as authorized by theJ11dp.

5 &ult Any r1'lu1st for a continuance, or extenslOll ot time shlllJ suce whether It ls the first such request, second such rtqum, and so forth, Alf motions for condn111111cer or extensions must state a ground for said request, Ao automatic: condnuance, or request will not be the pracdi:t of this COURT . 2 62=so OL 20 ,.1 Flllnr by Electronic Means (FAX) (A) Pfudln,s mbJec:c to the provision of pararraph (8) may be flied by facsJmlte pursuant to Ohio Rules of Civil Procedure 5 ( ). The Clerk shall chara rbe party ftllnr such papers :mffldent mtm to cover the CNt of transmission and may addltlonaUy charge tht ftllng parry for copyln1 txPtlllfl Jf muldph coplu of ploadlnp are required. fees shall not be taxed as cosu. In lleu thereof, the Clerk may require cbe parcy ftllnr papers by rauJmlle to forward the requlNd number of copies afttr Che original has been accepted for fllln1 by elearonlc mtam, In all fnstan<es the orlgfnal doQJment shall be flied forthwith with the COURT , (8) Flilnt by electronic means are hereby llmlted to flll111s of an emer1eney or time aldc:111 nature.

6 The COURT ruen,es Che rlshc to smke elettronlc flllnp which are not of 111 emtrrency or time aldcal nature. Rutt 57,2 When required on a COURT domment, an attorney or fldudary addrus mun be a .street addrus , If applicable; any po,t office box nwnbm used .u II malling addrtss. The of the f1dudary must bt the fiduciary's lt1al !Wfdtnce, bit 51,J FJDnrs may be refused If every sl1n1ture doe, not have the typewritten or legibly printed name darly Indicated on the ftllq, 56. I An lnltlal deposit wlH be rtqulred In every petition for adopdve placement or for adoption, A deposit of not less than $ 700 wtll be required co file an lndependenc or $Wppmnt adoption; not less than $1 SO to file a adldren Services Aatnq adoption. A refund wtn be made at the completion of the If overpayment hu hffll made, Addltlonal COURT costs OMY become due and must be paid prior to an adoption or placement beln1 flnallzed, (FNS effecdve.)

7 MAY 24. t 222 kul@ 5 ,1 The charge for transaiJ>U is $3 per pap for the orfa:lnal transcript and $1 per pare for each copy of the transcript payable before the transcript b released. L2/~ d 6 S6 L8 ?L9 << 29 2?6S a~eqoJd o~ sua4~v Q :go OL-20-LL02 Buie 58,l A d~lt of $500 wtrl be r qulxed for au Jmy trials. Buie 58,4 A $5 fee will be aSMSSed for each reminder, nodce or citation by the tour(. bl!tlM Purmant to Ohio R,C. 2t0t,16(F), cht COURT hereby urabllshes the fee of fifty Dollars ($50) for the f1lln1 of a Peddon for the Release or Adoption Information as provided by Ohio R,C. 3 t 07,41, Buie .51, A d11poslt of $too wlll be required for an dvlJ actions. hie 59, I When a tax return only Is flied,. the a adled wlU lilUSi: be admitted to probate or flied for record only, Rule , Fiduciaries appointed to admlnlster mtate estates shall file a Certificate of Service of Notice of Probate or Will within one hundred twenty days of tbtlr appointment or be subject to removal proetedln,s.)

8 B,gle 6 t, t All appraisers must be approved by the COURT In advance unlm the appraiser Is lbt:ed on the approved 1st of appraisers provided In accordance with 21 t S,02 ,06 ,07. A copy of the approved Use of appraisers Is available from the COURT . An lndlvldual can be approved after provldln1 the proper c:redentlals to the COURT . Once an individual Is approved he or she wlll l>e added to the Ost, Rffle 6!.1 Acceptance of lma,ed Checks for A ountlnrs Imaged chec:ks are accepcabk, for fllln1 with the COURT In all accoundngs on the condition that ( 1) che front and back of said checks are legibly ln,a,ed and (.2) a bank offldal certifies die accuracy of che same. 4 d 6 56 ?L9 << 29 2?65 e~eqoJd o~ sue4~v B! :.l Unless notice ls walvtd, upon the flllnr of all fldudary a<counu as required by R, C. 2109, , the Rdudary shall Hive I toPY of cht account and the notice of the hwlnr fn accordance with the SWVCM and Rules of ChlJI Proctdure, (Section 2109,JJ).

9 64,I. When an account or colDll'llnloner's repott b flied th COURT will verify It Is In proper form, and that all original recetpu are 11ttachfld. Serv1ce charges wlll be verified tither by bank statements or a receipt from the flnanc:lal lmdtutlon where accouncs were maintained, It Is the ,nslblllty of the ftducJary and attorney to ensure chat all accountings are proper. Although the COURT may recquest monthly bank 1tatemtnts to vertfy that no fllnd, have 1one out of tht account and later replaced, le Is tht obligation of the a omey to so Inform the Coun ff Chis has occurmf. Rule 64,4 A final or distributive ac:c:oum. shall not be approved undl all COURT costs have bun paid. llult & If land has bun sold durlnr the accoundq period, the account shall show the cross amount of the proNW and Include a copy of the closlnr statement ltemldng au of the dlsbunllffltnts, L2IL d RULE 64,6 Guardian, Conservator and Trustee's accounts are to be Hied ang1JX, Guardian's Reports are to be flied IDIU!

10 IJk RuJJ il * f In all land sale proc;eedinp, the plaintiff, prior to the Issuance of an order finding die safe necessary, shall file wleh che COURT evidence of ddt showlnr the record condldon of the dtfe to the described In the complaJnt and by a dtle company Bcensed by tht state of Ohio, an ateome,'1 certfficatit, or other evlderu:e of dtle satlsfacouy to tile COURT , Evidence of dtle shaH be to a date subsequent to the dace on which the complaint was ffltd. 2r:ao OL-20-LL02 IYJt 1$5,2 In all private land salt proceedlnas by civil 1c:tlon, the Judcment enuy conflrmln, sale, ordering Issuance of deed, and orderlnr distribution shill show cbe gross amount of the proceeds and Include a copy of che proposed dcmnr statement ltemfilnr all of the propOMd dlsbursemtnts. &ult 66, 1 The appointment of a auardlan b not an adfudkadon of h'1 1ffll*eney of the ward for voting purp0$ts.