Rule 9.1 COURT SECURITY PLAN


The Court Security Plan for the Lucas County Probate Court shall be the same as the Court Security Plan for the General Division of the Lucas County Court of Common Pleas, set forth in Rule 2.01 of the Rules for the General Division of the Lucas County Common Pleas Court.

Rule 26.1 COURT RECORDS MANAGEMENT AND RETENTION

Pursuant to Rule 26 (G) of the Rules of Superintendence for the Courts of Ohio, the Probate Division of the Court of Common Pleas, Lucas County, Ohio adopts the Court Records Management and Retention and schedules as set forth, and will be followed in conjunction with, the Rules of Superintendence for the Courts of Ohio.

Rule 53.1 HOURS OF THE COURT

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 observed by the Court.

No court costs or accounts of fiduciaries shall be accepted after 4:15 p.m. Marriage applications shall not be accepted after 4:00 p.m. (Eff. 03-23-95)

Rule 57.1 FILINGS AND JUDGMENT ENTRIES

A.   WITHDRAWAL OF COUNSEL
An  attorney of record on a matter pending in the Probate Court who wishes to withdraw as counsel shall obtain leave of the Probate Court. If the attorney of record is deceased or is permitted by the Court to withdraw from the case, the fiduciary shall promptly designate a new attorney and advise the Court in writing.

B.   NOTICE OF NO FURTHER ADMINISTRATION

Where an estate is opened for purposes of admitting the will only, or filing an estate tax return only, or both, and no further administration is contemplated, the attorney shall so advise the Court in writing at the time of filing.

C.   CERTIFICATION OF RELATED CASES

Upon the filing of an application for the appointment of a fiduciary or the filing of a complaint or petition, the attorney of record shall certify that there is no related case on file in this Court. If there is a related case on file, the attorney shall certify the number, character and attorney of record of the related case. This shall be done on a form in the clerk's office.

D.   CERTIFICATION-DEPOSITED WILLS

Upon the filing of an application for probate of a will, or an application to appoint a fiduciary for a decedent's intestate estate or relief therefrom, the Deputy Clerk shall certify that no will or later will is on deposit with the Court pursuant to R.C.2107.07. A deputy clerk shall assist the attorney in searching for a deposited will.

E.   ADDRESS CHANGE OF FIDUCIARY OR ATTORNEY OF RECORD

It is the responsibility of each attorney of record to advise the Court, in writing, and captioned in the particular matter, of any change in the mailing address of either the attorney or the fiduciary. It is the responsibility of each attorney of record to notify the Court, in writing, if a fiduciary dies, or moves out of the State of Ohio. Failure to comply with this rule may lead to the removal of the fiduciary and attorney of record and/or a disallowance of fiduciary and/or attorney fees.

F.   ATTORNEY OF RECORD

At the time application is made to the Court of a fiduciary, that fiduciary shall file in the Court the name of the attorney who will represent the fiduciary and perform all legal services required of the fiduciary in all matters relating to the estate, trust, guardianship, or other proceeding. If the designated attorney is deceased, resigns or is no longer acting, the fiduciary shall promptly designate a new attorney and advise the Court in writing.

G.   FILING OF PAPERS

Every filing shall be typewritten or computer generated, shall be prepared by the attorney or shall have endorsed thereon a certificate signed by the attorney certifying that the attorney has examined the pleading or other instrument and that it is correct and proper and shall obtain the original signature of the party submitting the pleading or other instrument. The Court may refuse all filings not so prepared or certified.

Every judgment entry submitted to the magistrate or judge for approval shall be typewritten or computer generated.

Rule 57.2 NEW CASE INFORMATION SHEET


Every new case filed shall contain a New Case Information Sheet. The Case Information Sheet shall contain all information required, including, but not limited to a Certification of Related Cases, Certification of Deposited Wills, the Nature of the Case, a designation relating to the Citation of the Spouse and the Designation of an attorney.

Rule 58.1 COURT COSTS


A.   Deposits in the amount set forth below shall be required in the following actions and proceedings, including those where the fiduciary is bonded:

For dates of death on or after 05-31-90, and before 06-23-94, every fiduciary (applicant/commissioner if the estate is relieved from administration) shall be required to file an affidavit of giving notice of the probate of the will within 90 days from the entry admitting said will to probate. The affidavit shall be supplemented by a copy of the form 1.0A (surviving spouse/next of kin) and waivers of notice, affidavit of no notice or a copy of the notice sent for all heirs at law and legatees and devisees of the will. Form 2.3A.

Failure to file the affidavit will forestall the commencement of the statutory period of time to contest the will and will delay the approval of an accounting or commissioner's report filed in said estate. (eff. 5-31-90)

Rule 59.2  CERTIFICATE OF GIVING NOTICE OF PROBATE OF WILL

For dates of death occurring on or after 06-23-94, and before 01-01-02, every fiduciary (applicant/commissioner if the estate is relieved from administration or other interested person) in testate administration shall be required to file a certificate of giving notice of the probate of the will within 90 days from the entry admitting said will to probate. The certificate shall be supplemented by a copy of the form 1.0A (surviving spouse/next of kin) and waivers of notice, a copy of the notice sent by certified mail for all heirs at law and legatees and devisees of the will and the certified mail receipt for same. Form 2.4.

Failure to file the certificate will forestall the commencement of the statutory period of time to contest the will and will delay the approval of an accounting or commissioner's report filed in said estate. (Eff. 06-23-94)

Rule 59.3 CERTIFICATE OF GIVING NOTICE OF PROBATE OF WILL

For dates of death occurring on or after 01-01-02, every fiduciary (applicant/commissioner if the estate is relieved from administration or other interested person) in testate administration shall be required to file a certificate of giving notice of the probate of will within two months after the appointment of a fiduciary, or two months after the will is admitted upon the application of an applicant/commissioner if the estate is relieved from administration or other interested person, unless the Court grants an extension of time. The certificate shall be supplemented by a copy of the form 1.0 (surviving spouse/children/next of kin) and waivers of notice, a copy of the notice sent by certified mail for all heirs at law and legatees and devisees of the will and the certified mail receipt for same. Form 2.4

Failure to file the certificate will forestall the commencement of the statutory period of time to contest the will and will delay the approval of an accounting or commissioner's report filed in said estate, and also be subject to citation and penalty provisions of 2109.31 of the Ohio Revised Code.

Rule 61.1 APPRAISERS

The following persons shall be approved by the Court as qualified appraisers of real estate:

1)   State of Ohio licensed real estate brokers and similarly licensed real estate salesmen who are active in the trade or profession or

2)   Members of National or State of Ohio recognized appraisal associations who are active in the trade or profession.

Real estate appraisers wishing to be on the Court's approved list of real estate appraisers shall submit a statement of qualifications for approval or non-approval by the Court, listing their:

a)   home, business address, telephone numbers and occupation

b)   educational background

c)   details of familiarity with real estate evaluation

d)   general resume of experience in the field of real estate, licenses held and appraisal society memberships.

Further, the following persons shall be approved by the Court as qualified appraisers of certain personal property, including but not limited to furniture, stamps, coins, books, art, boats, automobiles, guns, jewelry:

1)   Members of national, state or local recognized appraisal associations who are active in appraising personal property.

Personal property appraisers wishing to be on the Court's approved list of personal property appraisers shall submit a statement of qualifications for approval or non-approval by the Court listing their:

a)   home, business address, telephone numbers and occupation

b)   educational background

c)   details of familiarity with the particular property

d)   general resume of experience in the field of their specialty, licenses held and society memberships.

Appraisers of closely held corporations and other business organizations may be selected for Court approval from the list of certified public accountants or public accountants.

The Court shall maintain alphabetical lists of all such approved persons available to the general public in the selection of appraisers for filings in this Court. The Court may, from time to time, add to and delete from this list in its discretion, based on above qualifications. All prior lists maintained by the Court shall be destroyed.

Effective 10-29-91 the Probate Court will no longer waive the required appraisal of real estate. All real estate in an estate must be appraised regardless of the value of the real estate unless a bona fide offer to sell the real estate was signed by the decedent not more than three (3) months prior to the date of death. The Court reserves the right to investigate the value of any real estate reported on an inventory of a fiduciary and may require a secondary appraisal of same.

Rule 62.1 INSOLVENCY PROCEDURES

Insolvency hearings may be held in full administrations, relief from administration and guardianships (R.C.2111.24). Insolvency proceedings shall be commenced by the fiduciary (applicant or commissioner if the estate has been relieved from administration) filing a representation of insolvency (LCPC form 7-A) accompanied by a schedule of claims (form 7.0).  The attorney of record shall indicate on the schedule of claims in the footnote column the amount of the proposed payment to each creditor.  Computer generated or self-drafted forms are permissible.  The clerk shall set a hearing on the insolvency on a notice form (LCPC form 7-B) provided by the attorney.  The attorney shall notify all creditors of said hearing by certified mail.  At the hearing, counsel shall provide proof of notice by certified mail returns or a copy thereof.  These returns shall be retained by the Court in the case file.  Counsel shall also provide an affidavit of proof of service pursuant to R.C. 2117.17(B) which informs the Court what information was provided to the creditors.  Upon receipt of the required certified mail returns and the affidavit of proof of service, the Court will approve the insolvency on the journal entry (LCPC form 7-C) provided by counsel, making any necessary changes and attaching an amended form 7.0 only if needed.  The Court reserves the right to require counsel to serve additional notice to creditors or submit a drafted  journal entry if necessitated by a particular situation.

EXCEPTION TO INSOLVENCY PROCEDURE

No hearing is required and no insolvency forms need be filed if the decedent's date of death and value of assets are as follows:

Prior to October 12, 2006	$4,000.00 or less
On or after October 12, 2006	$8,000.00 or less

 If a spouse or minor child(ren) claim an allowance for support, then no hearing is required and no insolvency forms need be filed based upon dates of death and values or assets as follows:

On or before March 17, 1999	$27,000.00 or less
On or after March 18, 1999 and prior to October 12, 2006	$42,000.00 or less
On or after October 12, 2006	$48,000.00 or less

In either situation, the estate may be relieved from administration with the creditors and amounts owed listed on the assets and liabilities form (form 5.1).  The attorney shall add language to the form that the estate is insolvent and the estate is proceeding under this rule.  Creditors shall be paid in accordance with R.C. 2117.25.  It is suggested, as a courtesy only, that each creditor who has not received payment in full be notified accordingly by letter or otherwise; proof of such notification is not required.

This same exception applies in an estate where a full administration has been opened and the fiduciary has determined that the estate is insolvent. The fiduciary may either relieve the estate from further administration and proceed as set forth above or they may file a fiduciary's account indicating that the estate is insolvent and pay creditors pursuant to R.C. 2117.25. It is once again suggested as a courtesy that the fiduciary notify creditors when applying this exception to the insolvency proceeding.

Rule 64.1 ACCOUNTS

A.   The time for filing fiduciary accounts shall be a follows:

1)(a)   For estates, if the date of death is prior to January 1, 2002, the first account shall be due not later than nine months following the date of appointment of the fiduciary.  All subsequent accounts must be filed on a yearly basis, unless the Court orders otherwise.

1)(b)   For estates, if the date of death is on or after January 1, 2002, the final and distributive account shall be rendered within six months after appointment of the fiduciary unless extensions of administration and filing of account are ordered by the Court. See also Local Rule 78.3

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

2)   For guardianships, the first account shall be due not later than one year following the date of appointment of the guardian.  All subsequent accounts shall be due on a yearly basis, unless the Court orders otherwise.

3)   For trusts, the first account shall be due not later than one year following the date of appointment of the trustee.  All subsequent accounts shall be due on a yearly basis, unless the Court orders otherwise.

4)   In cases where R.C. 2109.301(A) or 2109.302(B) waive the filing of a partial account, the fiduciary shall file a waiver annually at least 7 days before that partial account would otherwise be due.  Where applicable written consents must accompany each waiver.

5)   With the exception of corporate fiduciaries subject to R.C. 1109.16, no fiduciary shall be permitted to file any account without first paying outstanding court costs due, or having an adequate deposit on file. Corporate fiduciaries must comply with this rule within 30 days of filing an account.

B.   Compensation for fiduciaries whose fees are based on a computation schedule or on a percentage of assets that are managed, must submit the written computation for said fees simultaneous with the filing of the account.

C.   The Lucas County Probate Court Accounting Procedures are hereby adopted by reference hereto. All accountings of fiduciaries shall comply with the accounting procedures adopted by the Lucas County Probate Court and shall be audited by the accounting staff prior to filing same to verify compliance thereto.

D.   The Lucas County Probate Court shall publish notice of the hearing on the approval of the account of fiduciary in the Toledo Legal News and assess the publication fee accordingly. Waivers of notice of hearing are not required in the event of such publication. Notice by publication is not required if the fiduciary submits to the Court proof of service of the hearing on approval for all heirs in an intestate estate and all residuary beneficiaries in a testate estate and/or waivers of such notice.

Rule 65.1 LAND SALES

A.   In a land sale proceeding involving a guardianship the Court shall appoint a guardian as litem who shall be an attorney not associated with the attorney or law firm who filed the land sale complaint. The answer of the guardian as litem shall set forth the facts involved in the sale of the real estate, the interests of the ward/minor in the sale and recommendation to the Court as to what is in the best interest of the minor/ward. The Court shall have final approval for all fees submitted by the guardian ad litem.

B.   In all land sale proceedings the Treasurer of Lucas County shall be made a party defendent.

Rule 66.1 GUARDIANS

A.   The Court will not accept for filing any guardianship for a minor where the only purpose of the guardianship is to establish a residency for school purpose, qualifying a minor for health/life insurance absent the written consent of the insurance company or to establish the placement for an adoption. The Court will not accept for filing any guardianship for an incompetent person where the sole purpose for the guardianship is to establish a no resuscitation code status for the proposed ward.

B.   The Probate Court reserves the right to refer an applicant for guardianship of the person of a minor to the Juvenile Division of the Lucas County Court of Common Pleas. Should the Probate Court accept the application for filing, a home study will be required. 

C.   All guardians of an incompetent ward under the jurisdiction of the Probate Court who are in possession of any wills of their ward shall be required to deposit for safekeeping all of the wills of their ward in the Probate Court.

D.   The Probate Court reserves the right to require any or all-supporting documentation to be attached to a request for expenditure of funds in any guardianship proceeding under the jurisdiction of the Probate Court.

E.   All reports of guardians as required by R.C. 2111.49 shall be accompanied by a statement of expert evaluation and shall be filed annually on the anniversary date of the appointment of the guardian. Failure to comply with this requirement may result in the removal of the guardian.

Where a physician or clinical psychologist states on a Statement of Expert Evaluation that to a reasonable degree of medical or psychological certainty, that the mental capacity of the ward will not improve, the Court may dispense with the filing of subsequent Statements of Expert Evaluation when the guardian files subsequent annual Guardian's Reports.

F.   A Guardian of the person of an incompetent ward shall make two personal contacts with the ward on an annual basis. Failure to comply with this requirement may result in the removal of the guardian, (Eff. 01-23-92)

G.   The Court will not accept for filing a motion to terminate the guardianship of the estate of an incompetent person in which the total assets of the estate of the ward exceed $1500.00.

Rule 68.1 SETTLEMENT OF CLAIMS FOR INJURIES TO MINOR 

A.   Prior to settling a claim, the attorney shall personally appear at the court to obtain preliminary approval of the completed Proposal for minor Settlement (LCPC Form 22 MSP).

B.   Rule 67 of the Rules of Superintendence for the Courts of Ohio shall apply to all settlements under $10,000.00.

C.   When the monor and parents are unrepresented by counsel, the attorney drafting the pleadings and other instruments shall be responsible for depositing the funds and for providing the financial institution with a copy of the ENTRY DISPENSING WITH APPOINTMENT OF GUARDIAN AND ORDERING DEPOSIT (LCPC Form 16-A). This attorney shall obtain a receipt from the financial institution and deposit it with the Court within seven days of the approval of the ENTRY.

Rule 70.1 SETTLEMENT OF CLAIMS FOR WRONGFUL DEATH

The Court requires that the attorney, prior to settling a claim, personally come to the Court to obtain preliminary approval of the settlement and distribution of the proceeds of the claim from the Court.

Rule 71.1 COUNSEL FEES

A.   Attorney fees allowed as part of the expense for administering a decedent's estate, a trust or a guardianship, shall be based on actual services performed, the novelty and difficulty of the problem involved and the responsibility incurred by the attorney in relation to the amount of the assets. No retainer fees are permitted. Attorney fees and fiduciary fees for the administration of estates shall not be paid until the final account is prepared for filing unless approved by the Court upon application and for good cause shown. Attorney fees and fiduciary fees for services performed in connection with civil complaints shall not be paid until the matter is finalized unless otherwise approved by the Court upon and for good cause shown.

B.   Except as provided in paragraphs (C), (D) and (E) below, an application, signed by the fiduciary, must be filed for allowance of all attorney fees. Each application shall set forth:  1) an itemized statement of the services performed;  2) the date services were performed;  3) the time spent rendering the services;  4) the average rate charged per hour. If additional fees are claimed for extraordinary or unusual services, the application shall set forth details.

C.   When Counsel and an Executor or Administrator have entered into a written contract for legal services to be performed for administering a decedent's estate, and an application to enter into that agreement has been filed with the Court no later than three months after the appointment of the fiduciary without relief from the Court, no application need be made for the allowance unless counsel intends to receive fees prior to the close of the administration of the estate [See 71.1(A)]. Contracts must set forth the method of calculation.

D.   When payment of the attorney fee is included in the final account filed by the fiduciary, who is also the sole beneficiary of a solvent estate, no application need be made for the allowance. Counsel shall inform the Court when this circumstance exists by making a statement to that effect in the final account.

E.   Any attorney fee, fiduciary fee or guardian's compensation based on a computation on the value of the assets in an estate involving real estate shall include the appraised value of the real estate listed in the inventory if the real estate is transferred and the sale price of the real estate if sold.

F.   Except as provided in paragraph (G) below, no application need be made for the allowance of attorney fees if said fees are no greater than the sum of subparagraphs (1) and (2):

1)   As to probate assets, including all real and personal property administered, as well as the income therefrom:

3)   If, in reliance on this paragraph, no application for attorney fees is filed, counsel shall complete form 13-C, "Computation of Attorney Fees", and attach it to the estate's final account.

G.   When counsel and the fiduciary are the same individual, or when both are attorneys associated in the same firm, an application for attorney fees must be filed disclosing the amount of the fiduciary fee claimed. In addition, the options set forth in items (C) and (D) shall not be available for use if the fiduciary fee is taken on a percentage, the attorney fee must be requested at an hourly rate attached to an itemization which details the hours spent on the case, the work performed and the hourly rate of the attorney.

The court reserves the right to reduce the hourly rate if found excessive, or modify the number of hours requested if the interest of the case demands it. (Eff. 01-23-92)

H.   Application for attorney fees for services rendered to guardians and trustees in setting up the guardianship or trust in the probate court may initially be made after the inventory is filed with the court. Thereafter, application may be made annually when the account is being prepared for filing. (Eff. 04-01-92)

Rule 73.1 GUARDIAN'S COMPENSATION

Unless otherwise provided by law or ordered by the Court, a guardian may charge for his ordinary services an amount computed in accordance with the following schedule during each accounting period required by statute or Court rule.

A.   Excluding income from real estate, 4% of the first $3,000 of income, and 3% of the balance in excess of $3,000; and 4% of the first $3,000 of expenditures and 3% of the balance in excess of $3,000.

B.   If the guardian manages real estate, a fee amounting to ten percent (10%) of gross rental real estate income may be allowed.  If the guardian receives net income from real estate actively managed by others, the guardian shall treat such net income as ordinary income.

C.   $2.50 per thousand for the first $100,000 of fair market value of the principal; $2.00 per thousand on the next $300,000 of fair market value of the principal; $1.50 per thousand of the fair market value of the balance.

D.   A minimum annual fee of $250.00 will be allowed in each guardianship. (Eff. 4-1-92)

Rule 74.1 TRUSTEE'S COMPENSATION

A.   Except where the instrument creating the trust makes provision for compensation, a trustee who is accountable to the court, may charge annually for ordinary services performed by the trustee in connection with the administration of each separate trust estate:

1)   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 the beneficiary or beneficiaries have the power to invade the corpus in which case all compensation shall be paid out of income unless otherwise provided in the instrument creating the trust:

2)   The trustee may charge a minimum fee of $1000.00 annually.

3)   A separate fee, based upon the time expended, may be charged for the preparation and filing of fiduciary income tax returns. This fee may not exceed $500.00 except for just cause shown.

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 calendar quarter 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 such trustee's 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 73(E). 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 provided 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 co-trustees' account or evidenced by separate instrument filed therewith.

Rule 74.2 CORPORATE FIDUCIARY COMPENSATION

A)   For purposes of this rule a Corporate Fiduciary shall be defined as a bank or trust company authorized to conduct a trust business under the laws of the State of Ohio or of the United States.

B)   Except where the governing instrument makes a different provision for compensation, a corporate fiduciary, serving in the capacity of guardian or trustee who is accountable to the court may charge on a quarterly basis for ordinary services performed in connection with each separate guardian or trust estate:

1)   An amount to be computed on the fair market value of the principal of the trust or guardianship property in accordance with the following schedule, such compensation to be charged one half to income and one half to principal, unless the beneficiary or beneficiaries have the power to invade corpus, in which case all compensation shall be paid out of income unless otherwise provided in the instrument creating the trust:

2)   The corporate fiduciary may charge a minimum fee of $2,500. annually.

3)   A separate fee, based upon time expended, may be charged for the preparation and filing of fiduciary income tax returns. This fee may not exceed $500. except for just cause shown.

C)   For purposes of completing the trustee's and guardian's compensation as herein provided, the fair markey value of the principal shall be determined on a quarterly basis.

D)   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 the amount of the compensation sought.

E)   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 provided 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 co-trustees' account or evidenced by separate instrument filed therewith.

Rule 75.1 ADOPTIONS

A)   The Lucas County Probate Court Adoption Procedures are hereby adopted by reference hereto. (Eff. 06/01/95)

B)   If a birth parent requires counseling prior to or after the birth of the child, the cost of counseling shall be the responsibility of petitioners, up to the amount of $500.00.

Notice on the petition for adoption  to birth parents residing in Lucas County must be by personal service.

Rule 78.1 CASE MANAGEMENT AND PRE-TRIAL PROCEDURE

For the purpose of insuring the readiness of civil cases in the Probate Division for pre-trial, final pre-trial and trial, the following procedures shall be in effect:

      I. CIVIL ACTIONS

A)   A pre-trial conference shall be conducted in all civil cases prior to being scheduled for trial, except in land sale proceedings.

B)   Within forty-five (45) days after the answer date the case shall be set by the Court for a pre-trial conference.

C)   Notice of the pre-trial conference shall be given to all counsel of record by mail and/or telephone by the Court not less than fourteen (14) days prior to the conference. An application for continuance of the conference shall be in writing and filed with the Court in a timely manner.

D)   The following decisions shall be made at the pre-trial conference and all counsel attending must have full authority to enter into a binding pre-trial order:

1)   A definite discovery schedule shall be agreed upon by all parties for the completion of all discovery.

2)   A definite date for exchange for expert witness reports shall be determined.

3)   A definite date for filing of all motions which date shall not be later than seven (7) days before the final pre-trial. The date for the final pre-trial shall be set by the Court and shall be held approximately one week prior to the trial.

E)   The following decisions shall be made at the final pre-trial and all counsel attending must have full authority to enter into a binding final pre-trial order:

1)   The Court will rule on all pre-trial motions;

2)   Briefs on any legal issues shall be submitted;

3)   Proposed jury instructions shall be submitted;

4)   Proposed jury interrogatories shall be submitted:

5)   Clients shall be present;

6)   No motions shall be heard after the final pre-trial without leave of Court and without good cause being shown.

F)   The trial date shall not be changed nor shall the trial be continued without order of the Court and after showing of good cause.

G)   The Probate Judge shall assign one or more deputy clerks to review and inventory all civil cases filed. The progress of each case will be noted on a case management worksheet that will be updated by the assigned clerk. In the event that any civil case is non-compliant with the case management plan, the clerk shall bring said case to the attention of the Probate judge.

H)   The  Lucas County Probate Court may refer any civil action or proceeding that is within the jurisdiction of the Probate Court for dispute resolution, which shall include, but is not limited to, mediation.

The selection of the mediator, fees for mediator, and source of payment for mediator fees shall be within the sole discretion of the Probate Court Judge. Payment for any additional expenses associated with the resolution of disputes must have prior approval by the Probate Court.

PROCEDURES:

The following provisions are included within this local rule as required under Sup. R. 16(B)(1):

Nothing in this division of this rule shall prohibit the use of mediation in a subsequent divorce or custody case even though that case may result in the termination of the provisions of a protective order.

Pursuant to Rule 53 of the Ohio Rules of Civil Procedure, the Probate Judge may assign any pending matter before the Court to a magistrate. This rule shall serve as an order of reference for any matter so assigned.

       II. LAND SALES

All land sales which have had no activity for a period of six (6) months shall be scheduled for a pre-trial conference within (10) days following the expiration of one year after the filing of the complaint. The following decisions shall be made at the pre-trial conference and all counsel attending must have full authority and enter into a binding pre-trial order:

1)   The attorney of record and fiduciary must attend the pre-trial conference;

2)   A written status report shall be filed with the Court no later than seven (7) days prior to the pre-trial conference.

3)   The status report shall address the issues as to the efforts being made to sell the real estate and when the case will be closed.

4)   Failure to appear for this conference could result in the dismissal of the land sale complaint pursuant to

Civ. R. 41(B)(1) and Superintendence Rules 40 and 71.

       III. DECEDENT'S ESTATE

A)   The statutory time for filing of an account (R.C. 2109.30 and 2109.301) shall be adhered to and the citation procedure (R.C. 2109.31) shall be utilized if necessary to gain compliance.

B.)   The fiduciary and the attorney shall prepare, sign, and file a written status report with the Court in all decedent's estates that remain open after a period of one year from the date of the appointment of the fiduciary. At the Court's discretion, the fiduciary and the attorney shall appear for a status review.

       IV. WRONGFUL DEATH SETTLEMENTS

All hearings shall be held within thirty (30) days after the proposal discussion with the magistrate.

       V. GUARDIANSHIPS

Adequate statutory provisions exist to control timeliness of filings; however, each case shall be reviewed annually.

       VI. TRUSTS

Adequate statutory provisions exist to control timeliness of filings; however, each case shall be reviewed annually.

       VII. MOTIONS

All motions filed in this Court in a civil action or contested matter shall be accompanied by a memorandum stating the grounds and citing the authorities relied upon. Opposing counsel or a party shall serve the response memorandum on or before the fourteenth (14th) day after the date of service as set forth on the certificate of service attached to the served copy of the motion. The moving party shall serve any reply memorandum on or before the seventh (7th) day after the date of service as set forth on the certificate of service attached to the served copy of the response memorandum. The motion shall be deemed submitted to the Court upon the Court's determination but not later than the twenty-eighth (28th) day after the motion is filed unless the Court orders a hearing or a prior written request for oral hearing has been filed and approved by the Court. The time and length of any oral hearing shall be fixed by the Court.

Rule 78.2 JURY MANAGEMENT PLAN

STANDARD 1


OPPORTUNITY FOR SERVICE

A)   The opportunity for jury service is not to be denied or limited on the basis of race, national origin, gender, age, religious belief, income, occupation, disability, or any other factor that discriminates against a cognizable group in the jurisdiction.

B)   Jury service is considered to be an obligation of all qualified citizens.

C)   The Court shall make reasonable accommodations for those jurors having special needs due to a physical impairment.

STANDARD 2


JURY SOURCE LIST

A)   The names of potential jurors are drawn from the most recent list of registered voters in Lucas County, Ohio. This list is maintained by the Lucas County Board of Elections.

B)   The list of registered voters should be representative and should be as inclusive of the adult population in Lucas County as is feasible.

C)   The Court will periodically request that the Lucas County Board of Elections review the Voter's Registration List to ensure that the list is representative and inclusive of the adult population in Lucas County.

D)   Should the Court determine that improvement is needed in the representative or inclusive nature of the jury source list, appropriate corrective action will be taken. The Court may evaluate on a quarterly basis, the demographic profile of jurors reporting for service. This will be used as an indicator of the representative and inclusive nature of the jury source list.

STANDARD 3

STANDARD SELECTION PROCEDURES

A)   Random selection procedures are used throughout the juror selection process.  The method used provides each eligible and available person with an equal probability of selection.  These methods are documented by the Annual Journal Entry of the court which outlines the selection process.  The annual selection process, in compliance with Ohio Revised Code Section 2313.08, shall be as follows:

The record of registered voters shall be arranged alphabetically so far as practicable and under convenient divisions by precincts, districts and townships for all Lucas County.

The selections of the names for the annual jury list shall be as follows:  The Jury Commissioners shall randomly draw a number from one (1) to ten (10).  The number so drawn shall be the key number used to determine the first registered voter selected from the record to be a prospective juror.  The same number shall be used to advance through the list of registered voters to select the remainder of the perspective jurors.  This method shall be used until the list of registered voters is exhausted and the resulting list shall be the annual jury list.

B)   The random order of selection shall be maintained throughout the jury service process to the greatest extent possible.

C)   Departures from the principle of random selection are considered appropriate:

1.    To exclude persons ineligible for service in accordance with Standard 4;

2.    To excuse or defer prospective jurors in accordance with Standard 6;

3.    To remove prospective jurors for cause or if challenged peremptorily in accordance with Standards  8 and 9, and;

4.    To provide all prospective jurors with an opportunity to be called for jury service and to be assigned to a panel in accordance with Standard 13.

STANDARD 4

ELIGIBILITY FOR JURY SERVICE

All persons will be eligible for jury service except those who:

A)   Are less than eighteen years of age;

B)   Are not citizens of the United States;

C)   Are not residents of the jurisdiction in which they have been summoned to serve;

D)   Are not able to communicate in the English language; or

E)   Have been convicted of a felony and have not had their civil rights restored.

STANDARD 5

TERM OF AND AVAILABILITY FOR JURY SERVICE

A)   The time that persons are called upon to perform jury service and to be available is the shortest period
       consistent with the needs of justice.

B)   A term of service for the Lucas County Common Pleas Court, Probate Division is two days or the
       completion of one trial, whichever is longer.

C)   Persons are not required to maintain a status of availability for jury service for longer than two days.

STANDARD 6

EXEMPTION, EXCUSE AND DEFERRAL

A)   There are no automatic excuses or exemptions, with the exception of statutory exemptions.

B)   Eligible persons who are summoned may be excused from jury service only if:

1.    Their ability to receive and evaluate information is so impaired that they are unable to perform their duties as jurors and they are excused for this reason, or

2.    They request to be excused because their service would be continuing hardship to them or to members of the public and they are excused by the Court.

C)   Deferrals for jury service for reasonable short periods of time may be permitted by the Court.

D)   Requests for excuses, deferrals and disqualifications and their disposition are recorded.  Specific uniform
       guidelines for determining such requests have been adopted by the Court.

STANDARD 7

VOIR DIRE

A)   In civil cases the voir dire process shall be held on the record unless waived by the parties.

B)   The Judge should ensure that the privacy of prospective jurors is reasonably protected.

C)   Voir Dire examination should be limited to matters relevant to determine whether to remove a juror for cause and to determine the juror's fairness and impartiality.

D)   The trial judge may conduct a preliminary voir dire examination. Counsel shall then be permitted to question panel members for a reasonable period of time.

STANDARD 8

REMOVAL FROM THE JURY PANEL FOR CAUSE

If the judge determines during the voir dire process that any individual is unable or unwilling to hear the particular case at issue fair and impartially, that individual should be removed from the panel. Such a determination may be made on a motion of counsel or by the Judge.

STANDARD 9

PEREMPTORY CHALLENGES

The exercise of Peremptory challenges shall be in accordance with the Ohio Revised Code, Civil Rules, and Criminal Rules.

STANDARD 10

ADMINISTRATION OF THE JURY SYSTEM

A)   The responsibility for administration of the jury system is vested exclusively in Lucas County Common Pleas Court. Any administration of the jury system concerning Probate matters shall be handled in accordance with Standard 10 (C)

B)   All procedures concerning jury selection and service are governed by Ohio Rules of Court.

C)   Responsibility for administering the jury system in the Probate Court is vested in the Assignment Commissioner of the Probate Court, acting under the supervision of the Probate Judge of the Lucas County Common Pleas Court, Probate Division.

STANDARD 11

NOTIFICATION AND SUMMONING PROCEDURES

A)   The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person is:

1.   combined in a single document;

2.   Phrased so as to be readily understood by an individual unfamiliar with the legal and jury systems; and

3.   Delivered by ordinary mail.

B)   The summons clearly explains how and when the recipient must respond and the consequences of failure to respond.

C)   The questionnaire is phrased and organized so as to facilitate quick and accurate screening and request only that information essential for:

1.   Determining whether a person meets the criteria for eligibility;

2.   Providing basic background information ordinarily sought during voir dire examination; and

3.   Efficiently managing the jury system.

D)   Policies and procedures exist for monitoring failures to respond to a summons and for enforcing a summons to report for jury service.

STANDARD 12

MONITORING THE JURY SYSTEM

The Lucas County Common Pleas Court collects and analyzes information regarding the performance of the jury system on a regular basis in order to evaluate:

A)   The representative and inclusive nature of the jury source list;

B)   The effectiveness of qualification and summoning procedures;

C)   The responsiveness of individual citizens to jury summonses;

D)   The efficient use of jurors; and

E) The cost-effectiveness of the jury management system.

STANDARD 13

JUROR USE

A)   The Lucas County Common Pleas Court employs the services of prospective jurors so as to achieve optimum use with a minimum inconvenience to jurors.

B)   The Court determines the minimally sufficient number of jurors needed to accommodate trial activity. This information and appropriate techniques are used to adjust both the number of individuals summoned for jury duty and number assigned to jury panels. The Court makes every effort to ensure that each prospective juror who has reported to the Court is assigned for voir dire.

C)   The Court coordinates jury management and calendar management to make effective use of jurors.

STANDARD 14

JURY FACILITIES

A)   The Lucas County Common Please Court provides a separate room as a jury assembly and waiting area.

B)   The entrance and registration area are clearly identified and appropriately designed to accommodate the daily flow of prospective jurors to the courthouse.

C)   Jurors are accommodated in waiting facilities furnished with suitable amenities.

D)   Jury deliberation rooms provide space, furnishings, and facilities conductive to reaching a fair verdict. The safety and security of the deliberation rooms are ensured.

E)   To the extent feasible, juror facilities are arranged to minimize contact between jurors, parties, counsel, and the public.

STANDARD 15

JUROR COMPENSATION

A)   Persons called for jury service will receive a reasonable fee for their service.

B)   Such fees will be paid promptly.

C)   Employers are prohibited from discharging, laying-off, denying advancement opportunities to, or otherwise penalizing employees who miss work because of jury service.

STANDARD 16

JUROR ORIENTATION AND INSTRUCTION

A)   The orientation program is:

1.   Designed to increase prospective jurors' understanding of  the judicial system and prepare them to serve competently as jurors; and

2.   Presented in a uniform and efficient manner using a combination of written, oral, and audiovisual materials.

B)   The Court provides some form of orientation or instructions to persons called for jury service:

1.   Upon initial contact prior to service;

2.   Upon first appearance at the Court; and

3.   Upon reporting to a courtroom for voir dire.

C)   The trial Judge shall within his or her discretion, give instructions deemed appropriate for each case.

D)   The Judge may instruct jurors as to the utilization of written instructions and note taking and questioning by jurors.

STANDARD 17

JURY SIZE AND UNANIMITY OF VERDICT

Jury size and unanimity in civil cases shall conform with existing Ohio law.

STANDARD 18

JURY DELIBERATIONS

A)   Jury deliberations will take place under conditions and pursuant to procedures that are designed to ensure impartiality, secrecy, and enhance rational decision-making.

B)   The judge will instruct the jury concerning appropriate procedures to be followed during deliberations in accordance with Standard 16 (C).

C)   The deliberation room will conform to the recommendations set forth in Standard 14(C).

D)   The jury will not be sequestered except under the circumstances and procedures set forth in Standard 19.

E)    A jury will not be required to deliberate after a reasonable hour unless the trial judge determines that evening or weekend deliberations would not impose an undue hardship upon the jurors and are required in the interest of justice.

F)    Training is provided to personnel who escort and assist jurors during deliberation.

STANDARD 19


SEQUESTRATION OF JURORS

A)    A jury will be sequestered only for good cause, including but not limited to insulating its members from improper information or influences.

B)    The trial judge shall have the discretion to sequester a jury on the motion of counsel or on the judge's initiative and shall have the responsibility to oversee the conditions of sequestration.

C)    Standard procedures will be promulgated to:

1.     Achieve the purpose of sequestration; and

2.     Minimize the inconvenience and discomfort of the sequestered jurors.

D)    Training is provided to personnel who escort and assist jurors during sequestration.

Rule 78.3 EXTENSIONS OF TIME; CONTINUANCE OF HEARING UPON CITATION OR    REMOVAL

A)    Requests for extensions of time for the filing of an account, inventory or commissioner's report which is not delinquent by six months or more may be submitted to the Court by facsimile without the requirement of filing a hard copy of same.  

B)    The probate court reserves the right to require the consent of the beneficiaries on any request for an extension of time.

C)   Any request for a continuance of the hearing on a citation or removal of fiduciary shall be approved by the fiduciary and shall be filed in the account department to facilitate case tracking.

Rule 78.4 CERTIFICATE OF TRANSFER

A)    In all administrations, relief from administrations and no-administration estates, each certificate of transfer must be requested by the filing of an application and journal entry (Form 12.0).

B)    No certificate of transfer shall be issued by the Court unless the legal description listed on the certificate is the exact duplicate of that listed on the fiduciary's inventory excluding those certificates issued when an estate is relieved from administration.  Whenever a certificate of transfer is issued by the Court, and it is later discovered that it is not needed or was issued in error, it shall be the responsibility of counsel to move the Court to cancel same; and where possible, tender any issued, but unrecorded, documents back to the Court.  Any request to correct a certificate of transfer shall be made by an "Application for Amended Certificate of Transfer".

C)    Any request for a duplicate certificate of transfer shall be made by an "Application for Alias Certificate of Transfer".

Rule 78.5 SUMMONS AND NOTICE

A deposit of $10.00 is required for personal service upon each non-resident of the county or state.

Rule 78.6 INVENTORY OF DECEDENT'S ESTATE

The Lucas County Probate Court shall publish notice of the hearing on the approval of the inventory of fiduciary in the Toledo Legal News and assess the publication fee accordingly. Waivers of notice of hearing are not required in the event of such publication. Notice by publication is not required if the fiduciary submits to the Court proof of service of  notice of the hearing on approval for any person interested in the decedent's estate and/or waivers of such service.

Rule 78.7 Special Needs Trust

In addition to the requirements of Ohio R.C. 5111.151(F)(1), all special needs trusts approved by this Court, or funded with Court approval, must have the following terms:

A)    No expenditures may be made without prior Court approval.

B)    Bond shall be posted unless all personal property belonging to the trust or deposited in lieu of bond pursuant to Ohio R.C. 2109.13, or the trustee is exempt from bond under Ohio R.C. 1111.21.

C)    The Trustee(s) shall make and file within three months after registration of the Trust with the Court a full inventory of the real and personal property belonging to the trust, its value, and the value of the yearly rent of the real property.

D)    Annual accounts shall be filed.

E)    The Trustee(s) shall invest pursuant to the Ohio Uniform Prudent Investor Act as set forth at Chapter 5809 of the Ohio Trust Code.