Regular session of Court shall be from 9:00 a.m. to 4:00 p.m., with a lunch break from 12:00 p.m. to 1:00 p.m. and the clerk’s office shall be open from 8:00 a.m. to 4:00 p.m., Monday through Friday, except for legal holidays and such other occasions as may be specifically ordered by the Court. Additionally, the Court shall be closed the day after Thanksgiving and at noon on Good Friday, Christmas Eve and New Year’s Eve.

Unless otherwise ordered by the Court, all matters of record shall be preserved by electronic recording. Anyone wishing to have a written transcript of a proceeding shall contact the court reporter and request the same in writing.

The rates per page to be charged by the Court Reporter for transcribed proceedings are established as follows:

A deposit is required by the Court Reporter upon the request of a transcript. In the absence of an express agreement to the contrary, an attorney who has ordered a transcript on behalf of a client will be liable for services rendered by the Court Reporter.

All rights to said transcripts are reserved by the Court Reporter; all others are prohibited from making copies of the same.

1. All motions for continuance must be in writing or made in open court. All motions must set forth the reason for the continuance and a copy of the same shall be given to opposing counsel.
   
2. A continuance may be granted on the ground of the inability to procure the testimony of an absent witness when it appears that due diligence was used to procure such testimony. To obtain a continuance on this ground, the party making the application must support the same by affidavit stating there what he expects to prove by such witness. If the Court finds that the testimony so set forth to be immaterial, or if both parties consent to the reading of the affidavit into evidence, the application will not be sustained and the cause will proceed to trial.
   
3. Counsel shall immediately, upon being notified of a hearing date, inform their clients and witnesses of such date and if it appears that one or more of the witnesses will not be available for trial on that date, counsel shall immediately arrange to take the deposition of such witness or witnesses so that the trial can proceed as assigned.
   
4. Where a continuance of a cause is requested on the ground that an attorney in the case is already engaged on the date set for trial in another court of record, the Motion for Continuance shall be filed forthwith. Failure to immediately notify the Court of a conflicting assignment shall result in the refusal of the Court to grant a continuance.
   
5. All Motions for a Continuance shall be accompanied by a proposed Journal Entry ordering the reassignment of said case for a date certain. In the event a continuance is granted, the Court may, in its discretion, assess costs and expenses against the moving party.

In every case in which a jury demand is filed, the requesting party shall be required to post a deposit as follows no later than seven (7) days after the date of the entry scheduling the matter for jury trial:

Deposit for a one-day jury trial shall be $750.00.
Deposit for each additional day scheduled for jury trial shall be $270.00.

Failure to post the appropriate deposit within time shall constitute a waiver of jury and the matter shall proceed as a trial to the court.

It is the responsibility of the party filing a motion with the Court to submit a corresponding entry to either set a hearing on the same or for the Court to rule on said entry. On matters heard by the Court, it will be the responsibility of the prevailing party to timely submit entries in accordance with the Court’s findings.

A party who requests findings of fact and conclusions of law shall also file, within ten (10) days after filing said request with the Court, a proposed findings of fact and conclusion of law and submit a copy thereof to opposing counsel. Opposing counsel shall then, within ten (10) days, submit any objections thereto and/or his/her proposed findings of fact and conclusions of law.

Failure of any party to request, submit or object to the findings within said time frame constitutes a waiver of the same.

A plan for court security is on file with the Administrative Director’s Office of The Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio and is not treated as public record.

All pleadings and papers filed with this Court shall be on 8-1/2 x 11 inch paper, preferably double-spaced. The foregoing shall not apply to any Exhibits. All documents filed with this Court shall include counsel’s Supreme Court registration number along with other identifying information such as address and phone number.

All pleadings and documents filed with the Court (excluding original wills and exhibits) shall be single sided.

All original pleadings filed with the Court shall be signed in blue ink. Pleadings signed in black ink shall be returned.

No files shall be removed from the Court without the written permission of the Court.

All files are open to the public with the exclusion of adoption, mental and tax records.
Copies may be obtained at 5 cents per page. Copies may be certified at an additional cost.

1. The definition of “electronic filing” for the purpose of this rule of Court will be limited to fax. Pleadings or other papers, with the exception of those set out below, may be filed by paper facsimile with the Court to 740-687-0942. Any pleading and/or other papers shall be deemed filed upon receipt and shall be file-stamped the date of receipt. Any pleading or papers received after 4:00 p.m. shall be considered filed the next day of court business.
   
2. Any document filed by fax shall be accepted as the original filing. The person making said filing shall maintain the original in his or her records and have available for production on request by the Court the source document and accompanying cover sheet.
   
3. All pleadings or papers filed by fax shall be accompanied by a cover page containing the following information:
   
   1. The name of the court;
   2. Title of the case;
   3. The case number
   4. The title of the document being filed and the number of pages thereto;
   5. Date of transmission;
   6. Name of the individual filing the document with contact information and transmitting fax number.
      
4. Any pleading filed by fax that does not comply with the above requirements or is defective upon its face shall not be considered filed with the Court.
   
5. The following documents may not be filed by facsimile:
   
   1. Any original complaint, motion or document requiring a filing fee.

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 purposes.

Applications on behalf of alleged incompetents will not be entertained until such time as the Physician’s Certificate is received from a physician. If a settlement of a minor’s claim (1.9) or other distribution to a minor is under $10,000, then no guardianship will be opened. If the amount to be distributed to a minor is over $5,000, but less than $10,000, then no guardianship will be opened but all funds shall be deposited with an approved financial institution in the name of the Probate Judge and the child. Any distribution from said funds shall be only upon written motion and the Court’s approval shall be in entry form. A copy of the entry shall be furnished to the applicant.

Probate Superintendence Rule 35(C) shall apply to all settlements covered by this rule unless otherwise ordered by the Court.

All motions and responses shall be submitted in writing with the proper case heading and number accompanied by memorandum on the related law.

All motions shall be ruled upon by the Court based upon the pleadings without hearing, unless an oral hearing is requested by the parties and the Court grants the same or a hearing is desired by the Court.

All estate tax filings in the Probate Court shall conform to the requirements of Chapter 5731 of the Revised Code of Ohio.

The Ohio Estate Tax Return should be filed in Probate Court no sooner than three months from the date of appointment. Said Tax Return must be filed prior to transfer of any real estate.

Each attorney or person filing a taxable return shall also prepare and deliver to the Probate Court a notice, on the form prescribed by the tax commissioner, for service upon the County Auditor.

The appraiser appointed under Ohio Revised Code, Section 2115.06 shall be a suitable disinterested person and the fee shall be $30 per hour for actual time involved in the appraisal of the assets. Appraisers are paid by the fiduciaries and not by the Court.

The automobile taken by the spouse under Revised Code Section 2113.532(A) must be described even though it is not a probate asset.

All real estate with metes and bounds descriptions must be taken to the Auditor’s office for approval before filing the Inventory.

A Schedule of Claims is no longer required to be filed in this Court.

A Report of Sale is no longer required.

In all intestate estates with surviving spouse electing to take the mansion house as part of their intestate share, a copy of the final account shall accompany the application in order for the Court to compute the monetary charge pursuant to Ohio Revised Code 2105.063.

The Court will issue all summons and will send the same by certified mail with return receipts requested.

All notices will be issued by the Court to the attorney of record and service to all parties shall be made by the attorney of record, unless specifically stated otherwise in the Code.

In estates where there is a surviving spouse and/or minor children, a Family Allowance shall be filed to indicate what asset was chosen in compliance with Revised Code Section 2106.13.

All home assessment reports on adoption matters must be filed with the Court no later than the Monday preceding said adoption hearing. Failure to have the same timely filed will result in a continuance of said hearing by the Court, sua sponte.

Any birth parent that desires to consent to an adoption of their child shall be required to appear before the Court to execute the same. Said consent shall not be accepted unless birth parent has completed the mandatory birth parent counseling no later than 72 hours prior to giving consent. A birth parent consenting to a step-parent adoption or a birth parent residing out of state shall be excluded from this requirement.

All counsel representing a party in any pending case before this Court shall file an appearance in writing so that the same may be entered upon the record. Said appearance may be made on the form provided by the Court or any written pleading. Attorneys failing to file such written appearance shall forfeit notice of hearing, recognition as counsel for a party and other courtesies provided by the Court.

A written motion and entry must be presented to the Court if counsel wishes to withdraw representation of a party. Counsel may not withdraw representation without permission being granted by the Court in writing.

Counsel fees for the administration of a decedent’s estate as set forth in Appendix B attached hereto, may serve as a guide in determining fees to be charged to the estate for legal services of an ordinary nature rendered as attorney for the fiduciary in the complete administration of a decedent’s estate. If a disparity or injustice results upon the application of these percentages of values, in respect to any account reflecting such compensation or upon exceptions to such an account, the Court may review the same on its own motion.

Examples of extraordinary services which may be compensated in addition to the foregoing suggested guidelines on ordinary fees, includes, but is not limited to, the provisions or services set forth in Appendix C attached hereto.

Counsel appointed by the Court shall be paid at the rate of $50 per hour for time spent in court and $40 per hour for time out of court. Counsel shall apply for payment on the approved application forms, itemizing the time billed and indicating whether in court or out and attaching a copy of the court entry of appointment. Said application for fees shall be submitted to the Court within 60 days of the completion of said matter.

Unless otherwise provided by law or ordered by the Court, a guardian may charge for his ordinary services on an annual basis an amount computed in accordance with the attached schedule marked Appendix D.

Compensation computed on income will not be allowed on balances carried forward from one accounting period to another, nor will an investment of funds or the final distribution of unexpected 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 approved, the fair market value of the principal shall be determined by the guardian as of the date of his/her appointment and as of each anniversary thereafter. The compensation so determined may be changed 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 periods shall be similarly adjusted to reflect such revised valuation.

Except where the instrument creating a trust makes provisions for compensation, a testamentary trustee may charge annually for the ordinary services performed by the trustee in connection with the administration of each separate trust estate a fee as established by Appendix E.

Deposits in the amount set forth in Appendix A attached hereto shall be required upon the filing of any actions and proceedings listed therein.

In the interest of economy for the taxpayers of Fairfield County, any money held on deposit with this Court in an amount less than One Dollar ($1.00) shall be paid into the County General Fund rather than refunded by check to the depositor.

Invoices for payment of attorney fees shall be submitted within 30 days of the appointment and/or filing of inventory and then on a quarterly, bi-annual or annual basis for ongoing services. Payment shall be made upon motion and entry through the Indigent Guardianship Fund as funds become available.

The Court shall not reimburse for court costs and other routine office expenses, nor preparation of invoices. Requests for extraordinary costs shall be submitted, in advance, by motion and entry to the Court.

Any attorney appointed by the Court to represent a Ward in a Guardianship matter shall be appointed by entry and a copy of such entry shall be attached to any invoice submitted to the Court for payment of attorney fees. (Effective 11-15-07)

Any legal fees submitted on behalf of an applicant in a matter where no guardian has been appointed shall not be paid. (Effective 11-15-07)

A schedule of attorney fees is set forth in Appendix F attached.

The Court adopts the combined indexes, dockets and journals as defined in Superintendence Rule 26 through 26.05. The indexes, dockets and journals shall be maintained in an electronic medium. The records shall be permanently retained. Microfilm, digital imaging or electronic data shall be considered the permanent record. Traditional paper or bound book records may be destroyed after having been transferred to such medium. Case files shall be maintained in traditional paper medium until after having been converted to digital imaging.

Administrative Journal. Administrative journals that consist of court entries or a record of court entries, regarding policies and issues not related to cases shall be retained permanently.

Bank Transaction Records, whether paper or electronic, shall be retained for three (3) years or until the issuance of an audit report by the Auditor of State, whichever is later.

Cash Books, including receipt and disbursement records, shall be retained for three (3) years or until the issuance of an audit report by the Auditor of State, whichever is later.

Communication Records, including routine telephone messages on any medium where official action will be recorded elsewhere, may be destroyed in the normal course of business as soon as they are considered of no value by the person holding the record.

Correspondence and General Office Records, including all sent and received correspondence, in any medium may be destroyed in the normal course of business as soon as they are considered of no value by the person holding the record.

Drafts and Informal Notes, consisting of transitory information used to prepare the official record in any form may be destroyed in the normal course of business as soon as they are considered of no value by the person holding the record.

Employment Applications shall be retained for two (2) years.

Employee Benefit and Leave Records, including copies of life and medical insurance records, shall be retained by the appropriate fiscal officer for three (3) years or until the issuance of an audit report by the Auditor of State, whichever is later.

Employee History and Discipline Records, shall be retained for ten (10) years after termination of employment.

Fiscal Records, including but not limited to copies of the transactional budgeting, unclaimed funds, records, payment of jurors and witnesses, shall be retained for three (3) years or until the issuance of an audit report by the Auditor of State, whichever is later.

Grant Records shall be retained for three (3)years after expiration of the grant.

Payroll Records shall be retained for three (3) years or until the issuance of an audit report by the Auditor of State, whichever is later.

Publications received may be destroyed in the normal course of business as soon as they are considered of no value by the person holding the record.

Receipt and Balance Records shall be retained for three (3) years or until the issuance of an audit report by the Auditor of State, whichever is later.

Request for Proposals, Bids and Resulting Contracts received in response to requests for proposals, bids and resulting contracts shall be retained for three (3) years or until the issuance of an audit report by the Auditor of State, whichever is later.

Index, Docket and Journal shall be retained permanently.

Vouchers, Proof or Other Evidence filed in support of expenditures or distribution in an account, after being reviewed and verified, may be returned to the fiduciary.

Nonessential Notes, Notice, Letter, Form or other Documents in a case file that is not essential to providing a record of the case and the judgment of the probate division may be destroyed.

Judge, Magistrate and Clerk Notes, Drafts and Research may be destroyed at the discretion of the preparer or as soon as they are considered of no value by the person holding the record.

Adoption records shall be retained permanently.

Birth and Death Registrations dated prior to 1908 shall be permanently retained.

(Mental) Civil Commitment records shall be retained for three (3) years after the case is closed.

Marriage License records shall be retained permanently.

All Original Wills shall be permanently retained.

Paper Records. Traditional paper or bound book records may be destroyed after having been transferred to electronic medium.

Notification. The Clerk shall notify, in writing, the Ohio Historical Society of all case files that were created prior to 1960 or have a retention period greater than 10 years which are scheduled for destruction sixty (60) days prior to the destruction of the records and offer the original records for safekeeping to them. These records may be transferred to the possession of said entity as long as they maintain the records as public records. The records may not be destroyed or otherwise disposed of by said organizations without prior written consent of the Court.

Exhibits, depositions and transcripts may be destroyed after the conclusion of the litigation and the exhaustion of the times for direct appeal upon the following conditions:

1. The Clerk of Courts notifies, in writing, the party who tendered the exhibits, depositions or transcripts that the party may retrieve the exhibits, depositions or transcripts within sixty (60) days of the written notification.
   
2. The written notification apprises the party who tendered the exhibits, depositions or transcripts that the exhibits, depositions or transcripts that the exhibits, depositions or transcripts will be destroyed within sixty (60) days if not retrieved.
   
3. The written notification informs the party who tendered the exhibits, depositions or transcripts of the location for retrieval of the exhibits, depositions or transcripts.
   
4. The party who tendered the exhibits, deposition or transcripts does not retrieve the exhibits, depositions or transcripts within sixty (60) days from the date of notification.

The Fairfield County Auditor, acting as agent for the Ohio Department of Taxation, has been appointed as deputy by this Court for the purpose of performing inventories of safe-deposit boxes for the purpose of removing and delivering to the Court decedent’s Will from said safe-deposit box. Decedent’s Will shall be immediately removed, sealed in an envelope and delivered to the Court for safe storage until an Application to Probate Will is filed.

The Auditor is permitted to release said Will to an attorney present at the inventory of the safe-deposit box upon proper receipt thereof.

Pursuant to Section 3101.05 of the Ohio Revised Code, the Court finds good cause to waive the waiting period on all marriage licenses. Marriage licenses shall be issued at the time of application.

APPENDIX A

DEPOSITS FOR COURT COSTS

As of 1/31/06

APPENDIX B

COUNSEL FEES

Extraordinary fees may be granted upon application to the Court based upon the time expended and services rendered. Please see Appendix C.

When one individual serves as both the attorney and the fiduciary, the Court will approve an attorney fee or a fiduciary fee, whichever is greater.

APPENDIX C

EXAMPLES OF EXTRAORDINARY SERVICES

1. In a court other than the Probate Court.
   
2. In a contested matter in the Probate Court.
   
3. In connection with the preparation or filing, audit, protest or contest of an income or gift tax return, or liability incurred by the decedent or personal representative.
   
4. In connection with the settlement of estate taxes with respect to insurance not payable to the estate, gifts in contemplation of death, or general testamentary powers of appointment not exercised by the decedent, and other negotiation not represented by assets included in the “gross value” of the estate.
   
5. With respect to problems of valuation or taxability of property for estate taxes or to the protest of such taxes.
   
6. Preparation and filing of federal estate tax returns.
   
7. Services in connection with sale of real estate under power of will or land sale proceedings, 1% of the total sale price.
   
8. In connection with matters which are unusual or excessive for the size of the estate involved.
   
9. In the connection with the performance of duties normally performed by the personal representative, but which fall to the lawyer because of personal representative’s inexperience, lack of ability or absence from the place from which assets of estate must be managed.
   
10. Sale of business or business assets.
    
11. Proceedings to determine heirship.
    
12. Proceedings involving partnership.
    
13. Completion of land contract.
    
14. Any other civil proceedings.

APPENDIX D

GUARDIAN FEE GUIDELINE

1. Computation of Guardian Fees - Annually
   
   1. 0 - $1,000 income: 4% of income
      (excludes income from rental property managed by Guardian)
      
      $1,000 & up income: 3% of income
      
   2. 0 - $1,000 expenses: 4% of expenses
      (excludes rental property expenses)
      
      $1,000 & up expenses: 3% of expenses
      
   3. $3.00 per thousand principle
      
   4. 10% of gross rental property income if managed by Guardian
      
   5. Minimum of $200 per year.
      
2. Attorney’s Fees
   
   1. Attorney’s fees up to $200 for representing a guardian subsequently appointed including the filing of an inventory and an entry approving the inventory will normally be approved without application.
      
   2. Attorney fees up to $150 for preparing and filing a biennial account and entry approving said account will normally be approved without application

APPENDIX E

TRUSTEE’S FEES

1. On income from personal property: 6% of gross income.
   
2. On income from real property:
   

   1. 10% of gross income on property managed by trustee.
      
   2. 1% of adjusted gross income on property managed by someone else provided that management fees and trustee’s fee combined do not exceed 10% of gross income.

   
   Adjusted gross income is gross income less operating expenses before depreciation and management fees deduction.
   
3. On principle: $3 per thousand dollars principle.
   
4. On distribution of principle (other than termination):
   
   1% of reasonable market value of principle property distributed to be paid from the distribution.
   
5. Extraordinary fees may be awarded upon application at discretion of the Court.

APPENDIX F

ATTORNEY FEES IN INDIGENT GUARDIANSHIPS

All services shall be billed at $45 per hour with the maximum amount as listed below:

The foregoing rules are hereby adopted as the local rules of the Fairfield County Probate Court.