corporate fiduciary may charge a minimum fee of $2,500. annually.
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.
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.
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:
the instrument under which the co-trustees are acting provided
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
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
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:
A) A pre-trial
conference shall be conducted in all civil cases prior to being
scheduled for trial, except in land sale proceedings.
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
definite discovery schedule shall be agreed upon by all parties for
the completion of all discovery.
definite date for exchange for expert witness reports shall be
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
Court will rule on all pre-trial motions;
on any legal issues shall be submitted;
Proposed jury instructions shall be submitted;
Proposed jury interrogatories shall be submitted:
shall be present;
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.
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.
The following provisions are included within this local rule as
required under Sup. R. 16(B)(1):
||(1) The Court shall utilize procedures for all
cases that will:
||Ensure that parties are
allowed to participate in mediation, and if the parties
wish, that their attorneys and other individuals they
allowed to accompany them and participate in mediation.
||Screen for domestic violence
both before and during mediation.
referrals to legal counsel and other support services
for all parties, including victims of and suspected
victims of domestic violence.
||Prohibit the use of mediation
in any of the following:
||As an alternative to the prosecution or
adjudication of domestic violence;
||In determining whether to grant, modify or
terminate a protection order;
||In determining the terms and conditions of
a protective order; and
||In determining the penalty for violation
of a protection order.
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
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
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.
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.
WRONGFUL DEATH SETTLEMENTS
All hearings shall be held within thirty (30) days after the
proposal discussion with the magistrate.
Adequate statutory provisions exist to control timeliness of
filings; however, each case shall be reviewed annually.
Adequate statutory provisions exist to control timeliness of
filings; however, each case shall be reviewed annually.
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
Rule 78.2 JURY MANAGEMENT PLAN
OPPORTUNITY FOR SERVICE
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.
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
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 SELECTION PROCEDURES
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
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.
from the principle of random selection are considered appropriate:
To exclude persons ineligible for service in accordance with
To excuse or defer prospective jurors in accordance with Standard 6;
To remove prospective jurors for cause or if challenged peremptorily
in accordance with Standards 8 and 9, and;
To provide all prospective jurors with an opportunity to be called
for jury service and to be assigned to a panel in accordance with
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
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.
TERM OF AND AVAILABILITY FOR JURY
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
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.
EXEMPTION, EXCUSE AND DEFERRAL
A) There are no
automatic excuses or exemptions, with the exception of statutory
persons who are summoned may be excused from jury service only if:
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
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
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.
A) In civil cases
the voir dire process shall be held on the record unless waived by
B) The Judge
should ensure that the privacy of prospective jurors is reasonably
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
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.
The exercise of Peremptory challenges shall
be in accordance with the Ohio Revised Code, Civil Rules, and
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
B) All procedures
concerning jury selection and service are governed by Ohio Rules of
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.
NOTIFICATION AND SUMMONING PROCEDURES
A) The notice
summoning a person to jury service and the questionnaire eliciting
essential information regarding that person is:
combined in a single document;
so as to be readily understood by an individual unfamiliar with the
legal and jury systems; and
Delivered by ordinary mail.
B) The summons
clearly explains how and when the recipient must respond and the
consequences of failure to respond.
questionnaire is phrased and organized so as to facilitate quick and
accurate screening and request only that information essential for:
Determining whether a person meets the criteria for eligibility;
Providing basic background information ordinarily sought during voir
dire examination; and
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.
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:
representative and inclusive nature of the jury source list;
effectiveness of qualification and summoning procedures;
responsiveness of individual citizens to jury summonses;
D) The efficient
use of jurors; and
E) The cost-effectiveness of
the jury management system.
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.
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
C) Jurors are
accommodated in waiting facilities furnished with suitable
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.
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.
JUROR ORIENTATION AND INSTRUCTION
orientation program is:
Designed to increase prospective jurors' understanding of the
judicial system and prepare them to serve competently as jurors; and
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:
initial contact prior to service;
first appearance at the Court; and
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.
JURY SIZE AND UNANIMITY OF VERDICT
Jury size and unanimity in civil cases shall conform with
existing Ohio law.
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
deliberation room will conform to the recommendations set forth in Standard
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.
is provided to personnel who escort and assist jurors during
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.
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.
procedures will be promulgated to:
the purpose of sequestration; and
the inconvenience and discomfort of the sequestered jurors.
is provided to personnel who escort and assist jurors during
Rule 78.3 EXTENSIONS OF TIME;
CONTINUANCE OF HEARING UPON CITATION OR REMOVAL
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).
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".
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:
expenditures may be made without prior Court approval.
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.
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.
accounts shall be filed.
Trustee(s) shall invest pursuant to the Ohio Uniform Prudent
Investor Act as set forth at Chapter 5809 of the Ohio Trust Code.
RULE 78.8 SAFE DEPOSIT BOX
Prior to the appointment of a fiduciary, authority to open a
deposit box shall only be granted to an attorney at law, licensed to
practice law in the State of Ohio, who has been appointed by the
Court as commissioner to report on the contents of a safe deposit