General Information
Local Rules of the Court
(Revised: March 2006)
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Rule 8.1 - Persons appointed by the Court to serve as appraisers, fiduciaries, attorneys, magistrates in Involuntary Psychiatric Commitment proceedings, investigators, guardians ad litem, and trustees for suit, shall be selected from lists maintained by the Court.
Appointments will be made from such lists taking into consideration the qualifications, skill, expertise and case load 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.
HISTORY: (Effective 11-10-97)Rule 9.1 - As required by Rule 9 of the Rules of Superintendence for Courts of Common Pleas, the Probate Division has adopted and implemented a local Security Policy and Procedures Plan/Manual.
HISTORY: (Effective 7-1-95)Security Policy; Firearms and Dangerous Ordnance Prohibition
Rule 9.2 - No person, including a judge of a court of record of this state, magistrate of a court of record of this state, employee of this court, bailiff or deputy bailiff of a court of record of this state, county prosecutor, assistant county prosecutor, or a secret service officer appointed by a county prosecutor shall knowingly possess, have under their control, convey, or attempt to convey a deadly weapon, firearm, or dangerous ordnance onto the premises of the Cuyahoga County Courthouse (“Court House”).
Any person that possesses a valid license to carry a concealed firearm as issued under R.C. 2923.125 or the reciprocity provision contained in R.C. 109.69, and conveys or attempts to convey a firearm in the Court House, shall immediately inform the Cuyahoga County Sheriff (“Sheriff”) of the individual’s possession of a concealed firearm and shall be instructed by the Sheriff of the general prohibition against the possession of any deadly weapon, firearm, or dangerous ordnance within the Court House. The Sheriff shall not take possession of any firearm carried by a properly licensed person, but shall require that the licensee leave the Court House and further instruct the licensee to safely secure the firearm outside the Court House. Admittance of the licensee shall be permitted once the firearm has been safely secured outside the Court House and the licensee passes the security screening procedure as contained in the “Security Policy and Procedures Manual/Plan” as implemented by this court on June 29, 1995.
A peace officer or an officer of any law enforcement agency of the State of Ohio or another state, a peace officer or an officer of a political subdivision of the State of Ohio or another state, or an officer or agent of the United States of America, who is authorized to carry a deadly weapon, firearm, or dangerous ordnance, that possesses or has under that individual’s control a deadly weapon, firearm, or ordnance, and who is acting within the scope of that individual’s duties at the time of possession or control, shall immediately inform the Sheriff of the possession of the deadly weapon, firearm, or ordnance to the Sheriff prior to entering the Court House. The Sheriff shall secure the surrendered deadly weapon, firearm, or dangerous ordnance within the secured “gun lock boxes” located at the street level entrance and rear parking garage entrance to the Court House. The deadly weapon, firearm, or dangerous ordnance shall be returned to the individual upon leaving the Court House. This Local Rule of Court is not applicable to the Sheriff, Deputy Sheriffs, or a Cuyahoga County Central Services/Protective Services Officer while they are on official duty within the Court House.
The Sheriff shall post signs, at the street level entrance and the rear parking garage entrance to the Court House, which contain the following language: “Unless otherwise authorized by law pursuant to the Ohio Revised Code and Local Rule of Court, no person shall knowingly possess, have under the person’s control, convey, or attempt to convey a deadly weapon, firearm, or dangerous ordnance onto the premises of the Cuyahoga County Court House. THE CARRYING OF A CONCEALED FIREARM OR THE OPEN CARRY OF A FIREARM, WITHIN THE CUYAHOGA COUNTY COURT HOUSE, IS PROHIBITED BY LOCAL RULE OF COURT AS AUTHORIZED BY OHIO REVISED CODE § 2923.123(C)(6).”
HISTORY: (Effective 5-24-04)
Rule 11.1 - Proceedings before a judge, magistrate, or referee may be recorded by stenographic means or other electronic means approved by the Court, provided that any party or counsel requesting such recording shall make satisfactory arrangements for payment of the costs.
HISTORY: (Effective 7-1-95)Rule 34.1 - The Court will perform marriage ceremonies during normal business hours, by appointment, at the convenience of the Court. A Fee of $50.00 shall be paid, in advance, for this service. (Amended, effective 2-16-2010)
HISTORY: (Effective 2-17-10)
Hearing and Submission of Motions; Objections to Interrogatories
(A) Motions, in general, shall be submitted and determined upon the pleadings and motion papers. Oral arguments of motions may be permitted at the discretion of the Court.
(B) The moving party shall serve and file with the motion a brief written statement of reasons in support of the motion and a list of citations of authorities. If the motion requires consideration of facts not appearing of record, the movant shall serve and file copies of affidavits, depositions, photographs or documentary evidence which the movant relies upon in support of the motion.
(C) Each party opposing the motion, except a motion for summary judgment, shall serve and file within seven (7) days thereafter, a brief written statement of reasons in opposition to the motion and a list of citations of the authorities which are relied upon. If the motion requires the consideration of facts not appearing of record, the respondent shall also serve and file copies of all affidavits, depositions, photographs or documentary evidence which the respondent relies upon.
(D) Reply or additional briefs upon motions and submissions may be filed with leave of the Court only upon a showing of good cause.
(E) Objections to interrogatories shall include, immediately preceding any discussions and citation of authority, the interrogatory in full to which objection is made.
(F) Counsel are encouraged to participate in pretrial discovery conferences to reduce the filing of unnecessary discovery procedures. To curtail undue delay in the administration of justice, no discovery filed under Rule 26 through 37 of the Rules of Civil Procedure to which objection or opposition is made by the responding party shall be taken under consideration by the Court, unless the party seeking discovery shall first advise the Court in writing that after personal consultation and sincere attempts to resolve differences they are unable to reach an accord. This statement shall recite those matters which remain in dispute, and in addition, the date, time and place of such conference, and the names of all participating parties. It shall be the responsibility of counsel for the party seeking discovery to initiate such personal consultation.
(G) The presentation to the Court of unnecessary motions, and the unwarranted opposition of motions, which in either case unduly delay the course of an action through the Courts, subject an offender to appropriate sanctions including the imposition of costs.
(H) All pleadings and briefs containing references to statutes, or regulations, unpublished cases or cases from Courts outside of this state except U.S. Supreme Court decisions shall have attached a copy of the statute, regulation or case. A party who cites an unpublished opinion or case shall indicate any disposition by a superior appellate Court.
(I) Unless otherwise ordered by the Court:
(1) A party opposing a motion for summary judgment made pursuant to Civil Rule 56 may file a brief in opposition with accompanying evidentiary materials (as permitted by Civil Rule 56(c)) within 30 days of service of the motion. The movant may file a reply brief in support of the motion within ten (10) days of service of the brief in opposition. The movant’s reply brief shall not refer to or include any additional evidentiary materials without agreement of the parties or leave of Court.
(2) Unless otherwise ordered by the Court, motions for summary judgment shall be heard on briefs and accompanying evidentiary materials (as permitted by Civil Rule 56(c)) without oral argument.
HISTORY: (Effective 6-01-05)
Reproduction of Hospital Records
HISTORY: (Effective 6-01-05)(A) Upon motion of any party showing good cause and upon notice to all other parties and the individual who is the subject of the reports, the judge may order any hospital by any agent competent to act in its behalf, to reproduce all or any portion of designated hospital records, not privileged, which constitute or contain evidence pertinent to an action pending in this Court. The order shall direct the hospital to describe by cover letter the portion or portions of the records reproduced and any omissions and specify the usual and reasonable charges. The order shall designate the person or persons to whom such reproductions shall be delivered or made available.
(B) Objections to the admissibility of such reproduced hospital records on the grounds of materiality or competency shall be deemed reserved for ruling at the time of trial without specific reservation in the order to reproduce. Reproductions made pursuant to this procedure may be admitted in evidence without further identification or authentication but subject to rulings or objections impliedly or specifically reserved unless the order expressly provides otherwise.
(C) Charges for reproduction of its records shall be paid directly to the hospital by the movant or movants.
(D) Where original records are produced in Court and reproductions subsequently substituted by agreement of the parties or by order of the Court, the movant or movants shall be responsible for the cost. Unless otherwise ordered by the Court, all original records shall be returned by the Court reporter to the hospital upon entry of judgment in this Court.
Rule 53.1 - The Probate Court and its offices shall be open for the transaction of business from 8:30 a.m. to 4:30 p.m. daily except Saturday, Sunday, and legal holidays.
HISTORY: (Amended, eff 9-14-87)Rule 58.1 - Deposits in the amounts set forth below shall be required upon filing the following initial actions and proceedings:
| INITIAL COURT COST DEPOSITS | ||
| Petitions for Adoptions (Cuyahoga County Home Study) |
$325.00 |
|
| Petitions for Adoptions (Out of-County Home Study) |
$175.00 |
|
| Petitions for Adoptions (Foreign Countries) |
$175.00 |
|
| Motions to Determine Suitability |
$ 20.00 |
|
| Petitions for Release of Identifying Information |
$ 50.00 |
|
| Adversary Cases |
$250.00 |
|
| Birth Record Corrections |
$ 47.00 |
|
| Birth Record Registrations |
$ 47.00 |
|
| Conservatorships |
$175.00 |
|
| Disinterment Applications |
$ 40.00 |
|
| Estates |
$250.00 |
|
| Guardianship of a Minor | $135.00 |
|
| Guardianships |
$175.00 |
|
| Marriage Licenses |
$ 50.00 |
|
| Name Changes |
$130.00 |
|
| Pay or Deliver Applications | $ 100.00 | |
| Release of Assets without Administration: | ||
| Without Will |
$100.00 |
|
| With Will |
$ 130.00 |
|
| Without Will; With Publication | $135.00 |
|
| With Will; With Publication |
$165.00 |
|
| Supplemental Releases |
$ 50.00 |
|
| Settlement of Injury Claims |
$ 100.00 |
|
| Trusts |
$ 150.00 |
|
| Will Deposits |
$ 10..00 |
|
Additional court costs for subsequent filing will be assessed in accordance with Ohio Revised
Code Section 2101.16.
Applications accompanied by an affidavit of the applicant of inability to prepay or give security for court costs shall be accepted without the necessity of such deposit as a condition for filing, provided that the applicant shall exert diligent efforts to make funds available for the security deposit and pay the deposit into court as soon as possible.
HISTORY: (Amended, eff 2-22-85; 3-13-86; 1-1-90; 1-1-93; 2-1-95; 9-18-96; 5-4- 00; 10-1-05; 8-16-10)
Rules of the Probate Court of Cuyahoga County
Rule 58.2 - It is hereby ORDERED, ADJUDGED and DECREED that effective August 25, 2010, in accordance with Rule 5 of the Rules of Superintendence for the Probate Division of the Court of Common Pleas, the following shall constitute Rule 58.2 of the Local Rules of the Probate Court of Cuyahoga County, Ohio:
ADDITIONAL FEES
(A) In order to procure and maintain computerized legal research services as authorized by Ohio Revised Code 2101.162(A) a fee of Three Dollars ($3.00) is being collected as costs in each cause filed, including but not limited to, an estate, guardianship, trust, adoption, minor settlement, change of name, and civil action.(B) In order to procure and maintain computer systems the Clerk of the Probate Court is charging an additional fee, as authorized by Ohio Revised Code 2101.162(B), of up to Ten Dollars ($10.00) in each cause filed, including but not limited to, an estate, guardianship, trust, adoption, minor settlement, change of name, and civil action.
(C) Pursuant to Ohio Revised Code 2101.163(A) and for the purpose of implementing dispute resolution procedures, the Clerk of the Probate Court shallcharge, in addition to the fees and costs authorized under Section 2101.16 of the Ohio Revised Code, a reasonable fee, not to exceed Fifteen Dollars ($15.00), on the filing of each action or proceeding including, but not limited to, an estate, guardianship, trust, adoption, minor settlement, change of name, and civil action. (Effective 8-25-10).
(D) Pursuant to Ohio Revised Code Section 2303.201(E)(1) the Court of Common Pleas has determined that, for the efficient operation of the Court, additional funds are necessary to acquire and pay for special projects of the Court, including, but not limited to, the acquisition of additional facilities or the rehabilitation of existing facilities, the acquisition of equipment, the hiring and training of staff, community service programs, the employment of magistrates, the training and education of Judges and magistrates, and other related services. An additional fee ofFifteen Dollars ($15.00) shall be assessed for each action or proceeding, including but not limited to an estate, guardianship, trust, adoption, minor settlement, change of name, civil action, correction of birth record, registration of birth and marriage license application. (Effective 8-25- 10)
Rule 64.1 - Pursuant to O.R.C. 2115.16 and Civil Rule 73(E)(7) unless notice is waived, upon filing of an inventory as required by R.C. 2115.02, the executor or administrator shall serve the notice of the hearing by ordinary mail upon the surviving spouse and all next of kin in an intestate estate and to all beneficiaries in a testate estate.
Rule 64.2 - Pursuant to O.R.C. 2109.30, 2109.301-2109.303, 2109.32, 2109.33, and Civil Rule 73(E)(7) unless notice is waived, upon filing of final accounts, the fiduciary shall serve a copy of the account and the notice of the hearing by certified mail as follows:
Decedent’s Estates -
To the surviving spouse and all next of kin in an
intestate estate and to all residual beneficiaries in
a testate estate.
Guardianships -
To all next of kin of the ward.
Trusts -
To all beneficiaries.
Any person entitled to notice who is under 16 years of age shall be served in accordance with Civil Rule 4.2(B).
HISTORY: (Amended, eff 1-2-02)Rule 64.3 - In accordance with O.R.C. 2109.301(A) vouchers or proof of disbursements shall not be required to be filed by executors or administrators unless otherwise ordered by the Court.
Original vouchers or receipts of disbursements must be filed with accounts of guardians, conservators or trustees.
Rule 64.4 - In accordance with O.R.C. 2109.301(B) the final account in estates shall be filed within six (6) months after appointment of the executor or administrator.
Upon motion of the fiduciary or counsel for the estate, the time for filing an account in an estate may be extended to thirteen (13) months from the date of appointment or other appropriate time for any of the reasons set forth in O.R.C. 2109.301(B).
Rule 66.1 - Effective August 1, 1988 a Biennial Report of the mental and physical condition of the ward must be filed at the time of the filing of a partial account by the guardian of an incompetent person.
HISTORY: (Effective 8-1-88)Rule 66.2 - Effective August 1, 1988 a Biennial Report of the mental and physical condition of an adult incompetent must be filed by the guardian of the person only.
HISTORY: (Effective 8-1-88)Rule 66.3 - Guardians of adult wards shall deposit all wills of their wards, immediately following their appointment, with the Probate Court pursuant to Ohio Revised Code Section 2107.07.
HISTORY: (Effective 1-1-90)(A) Counsel fees allowed as part of the expense for administering a decedent's estate, trust or guardianship, shall be based upon the actual services performed by the attorney and the reasonable value of the services.
(B) All applications for the allowance of attorney 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.
(C) Unless otherwise ordered by the Court, where all interested parties have consented in writing to the amount of counsel fees, an application need not be made for the allowance, provided the consent is endorsed on the fiduciary account, or evidenced by a separate instrument filed with the account. This provision shall not apply to guardianships.
(D) Prior to a fiduciary entering into a contingent-fee contract with an attorney for services, an application for authority to enter into the contract shall be filed and approved by the Court.
(E) Any services provided by “paralegals” must be performed under the supervision of a licensed attorney who must verify such supervision on the application.
HISTORY: (Amended, eff 6-1-90; 1-1-93)
Counsel fees in Connection with Settlement of Claims for Wrongful Death, Conscious Pain and Suffering, Claims for Personal Injuries to Persons under Guardianship, and Settlement of Personal Injuries to Minors under RC 2111.18
Rule 71.2 - In cases where representation is on a contingent basis, counsel will be allowed fees on the amount obtained in accordance with the following schedule:
33 1/3% of the first $100,000.00;
30% of the amount over $100,000.00.
Upon written application additional compensation may be granted if the applicant demonstrates and the court is satisfied that extraordinary services have been rendered.Unless otherwise provided by law or ordered by the Court, a guardian may charge for ordinary services an amount computed in accordance with the following schedule:
During each accounting period required by statute, 3% of the total income; and 3% of the total expenditures where total expenditures equal less than $200,000.00 or 2% of the total expenditures where total expenditures are equal to or greater than $200,000.00.
An annual fee of $2.00 per $1,000.00 of the fair market value of the principal.
Minimum compensation of $500.00 per year.
Compensation computed on income will not be allowed on balances carried forward from one accounting period to another; nor will an investment of funds of the final distribution of unexpended balances to a ward at the close of a guardianship be considered as an expenditure.
For the purpose of computing a guardian's compensation as herein provided, the fair market value of the principal shall be determined by the guardian as of the appointment date and as of each anniversary thereafter. The compensation so determined may be charged during the ensuing year. The annual principal valuation shall be adjusted from time to time to reflect additions to and withdrawals from the principal of the estate, and the compensation for the remaining portion of the annual period shall be similarly adjusted to reflect such revised valuation.
Additional compensation, reimbursement for expenses incurred, and fees of a guardian of the person only may be fixed by the Court on application. The Court may require that applications for fees or compensation be set for hearing and that written notice of the time and place of the hearing and the amount applied for be given to interested parties, as required by the Court. A copy of the notice, with certified mail return receipt attached, together with an affidavit of the service of such notice, shall be filed prior to the hearing.
The compensation of co-guardians in the aggregate shall not exceed the compensation which would have been payable if only one guardian had been acting.
A separate schedule of the computation of the guardian's compensation shall be set forth in the guardian's account as a condition of its approval.
Except for good cause shown, neither compensation for a guardian nor fees to the attorney representing the guardian, will be allowed when the guardian is delinquent in filing an account as required by RC 2109.30.
HISTORY: (Amended, eff 4-3-06)
Rule 74.1
(A) Except where the instrument creating the trust makes provision for compensation, a testamentary trustee may charge annually for ordinary services performed by the trustee in connection with the administration of each separate trust estate an amount to be computed on the fair market value of the principal of the trust property, in accordance with the following schedule, such compensation to be charged one-half to income and one-half to principal, unless otherwise provided in the instrument creating the trust:$12.00 per $1,000.00 on the first $1,000,000.00 of the fair market value of the principal;
$7.50 per $1,000.00 on the next $2,000,000.00 of the fair market value of the principal;
$5.50 per $1,000.00 on the next $2,000,000.00 of the fair market value of the principal;$4.50 per $1,000.00 on the balance of the fair market value of the principal.
The trustee may charge a minimum fee of $1,500.00.
There may be allowed an amount equal to 1% of the fair market value of any distribution or payment from the principal of the trust property. This amount shall be charged against and deducted from the distribution or payment.
A corporate trustee that proves a service which invests all available income and/or principal cash on a daily basis may be allowed an amount equal to one-half of one percent (0.5%), on an annual basis, of the amount invested, but not in excess of $100 per month.
(B) For the purpose of computing the trustee's compensation as herein provided, the fair market value of the principal of the trust property shall be determined by the trustee as of a date determined by the trustee, such date to commence during the month of the original receipt of trust property and each anniversary date thereafter. (At the option of the trustee, fee evaluations may be made on a quarterly basis, each evaluation to be coordinated with the original annual evaluation date as selected by the trustee--if this option is selected by the trustee, the trustee must continue to compute the fee on the quarterly valuation basis, unless upon application to the Probate Court, a change in fee valuation method is allowed.)
(C) Additional compensation for extraordinary services may be allowed upon application. The Court may require that the application be set for hearing and notice thereof be given to interested parties in accordance with Civil Rule 4.1. The notice shall contain a statement of amount of the compensation sought.
(D) The compensation of co-trustees in the aggregate shall not exceed the compensation which would have been payable if only one trustee had been acting, except in the following instances:
(1) Where the instrument under which the co-trustees are acting provides otherwise; or
(2) Where all the interested parties have consented in writing to the amount of the co-trustees' compensation, and the consent is endorsed on the trustees' account or evidenced by separate instrument filed therewith.(E) A separate schedule of the computation of trustee's compensation shall be shown in the trustee's account as a condition of its approval.
(F) Except for good cause shown, neither compensation for a trustee nor fees to the counsel representing the trustee will be allowed while the trustee is delinquent in filing an account required by RC 2109.30.
HISTORY: (Amended, eff 9-30-86; 3-1-88; 9-15-99; 4-3-06)
I. Supervision of estates, trusts and guardianships, adoption and psychiatric proceedings.
A. The Court shall keep an inventory of all pending cases.
B. Each successive month, the Court shall make a report:
1. listing all new cases filed.
2. removing all cases where a final account has been approved or final judgment has been rendered.
3. listing the status of each open case.
II. Civil Actions
A The Court shall keep an inventory of all pending cases.
B. Each successive month, the Court shall make a report:
1. listing all new cases filed.
2. removing all cases where a final judgment has been rendered.
3. listing the status of each open case.
C. A pretrial conference shall be conducted in all cases prior to trial except in land sale proceedings.
D. Within 30 days after the answer date, the case shall be set by the Court for a pretrial conference.
E. Notice of the pretrial conference shall be given to all parties or their counsel of record by certified mail not less than 14 days prior to the conference. Applications for continuance of the conference shall be in writing and filed with the Court in a timely manner.
F. At the conclusion of the pretrial conference, the Court shall prepare a pretrial order setting forth:
1. discovery deadline date
2. exchange of witness list date
3. pleadings and briefing date
4 trial date
III. Land Sales
A. The Court shall keep an inventory of all pending cases.
B. All land sales which have not been concluded within one year from the date of filing shall be dismissed unless good cause is shown.
HISTORY: (Effective 7-1-91)
Fiduciary's Affidavit of Notice of Admission of Will to Probate
Rule 78.2 - Effective January 2, 2002, fiduciaries appointed to administer estates of decedents are required to file a Certificate of Notice of Admission of Will to Probate within sixty (60) days of their appointment or be subject to removal proceedings.
HISTORY: (Amended, eff 8-1-90; 1-2-02)Rule 78.3 - As required by Rule 9(C) of the Rules of Superintendence for Courts of Common Pleas, the Probate Division has adopted and implemented a Jury Management Plan which has been filed with the Supreme Court of Ohio.
HISTORY: (Effective 9-1-95)| © PROBATE COURT OF CUYAHOGA COUNTY, OHIO 1 Lakeside Avenue - Cleveland, Ohio 44113 216-443-8764 or 216-443-8765 Disclaimer |
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