Rule 75 LOCAL RULES

The local rules of the court shall be numbered to correspond with the numbering of these rules and shall incorporate the number of the rule it is intended to supplement.  For example, a local rule that supplements Sup. R. 61 shall be designated County Local Rule 61.1

B.C.L.R. 75.1 LOCAL RULES - SPECIAL PROVISIONS

(A)       Civil commitment of the mentally ill. When an Affidavit (Mental Illness) (BCPC Form 801) has been accepted and an Order of Detention (Mental Illness) (BCPC Form 800) issued, the court shall promptly appoint an attorney to represent the patient/respondent.

            While the patient/respondent is being held pursuant to the Order of Detention (Mental Illness) (BCPC Form 800), a “voluntary” commitment shall not be accepted, unless the record or entry has been signed and approved by the patient/respondent’s court-appointed counsel.

(B)       Adoptions.

(1)      In all adoption proceedings involving minors the petitioner shall execute and file with the Court an Authorization for Release of Information (BCPC Form 324) and shall file, or cause to be filed, the results of a criminal records check performed pursuant to R.C. §2151.86.

(2)      In all adoption proceedings involving minors, the petitioner shall file a preliminary estimate Petitioner’s Account (Standard Probate Form 18.9) at the time of the filing of the Petition for Adoption of Minor (Standard Probate Form 18.0) and a final Petitioner’s Account (Standard Probate Form 18.9) not later than ten (10) days prior to the date of the final hearing.

 

(3)      In all adoption proceedings involving minors, the petitioner shall file an Affidavit (BCPC Form 308) containing the information required by R.C. §3109.27.

(4)     In all adoption proceedings, all court costs shall be paid on or before the date of the final hearing, and the court may withhold the release of any certified copy of the Final Decree of Adoption (Standard Probate Form 18.6 or 18.7) until all court costs are paid and the Ohio Department of Job and Family Services Certificate of Adoption (Form HEA 2757) has been prepared by the petitioner or petitioner’s counsel and filed with the court. 

(5)      After the filing of the Final Decree of Adoption (Standard Probate Form 18.6 or 18.7) the petitioner or petitioner’s counsel shall be responsible for obtaining a new birth certificate from the Ohio Department of Health, Division of Vital Statistics.

(6)      After the filing of a Final Decree of Adoption (Standard Probate Form 18.6 or 18.7) involving a minor for whom a child support order was in effect at the time of the filing of the decree, petitioner or petitioner’s counsel shall give notice to the domestic relations court or the juvenile court that issued the child support order and to the Butler County Child Support Enforcement Agency that the minor has been adopted. The name of the child after the adoption shall remain confidential.

(7)      All adoption records shall be confidential and no person shall be entitled to review any adoption record without the express authorization of the court. Request for copies of adoption records must be made in writing by filing a Request for Copy of Adoption Documents (BCPC Form 317).

(8)       The initial filing fee for a Petition for Release of Information (BCPC Form 311) filed pursuant to R.C. §3107.41(B)(1) shall be $22.00.

            (C)       Exhibits.

                        (1)       Attachments to a pleading will remain with the pleading.  Exhibits introduced by a party at hearing or trial will be retained separately by the court.  After the time for an appeal has expired and all costs have been paid, a party may petition the court for the return of an original exhibit.  Alternatively, the court may destroy such exhibits pursuant to Sup.R. 26(F).

            (D)       Electronic transmission filings.

                        (1)       In conformity with Civil Rule 5(E), and beginning April 11, 1994, pleadings and other papers may be filed with the clerk by facsimile transmission, subject to the following provisions:
                                    (a)       A document filed by facsimile transmission shall be accepted as the original, consistent with Civil Rule 5(E), if the person sending the document by facsimile transmission files with the clerk of courts the original document, together with any fees and costs, by the close of business on the fifth day after the date of transmission. Failure to so file the original and pay the fees and costs shall result in such document being stricken without motion; the document shall thereupon be deemed not filed.
                                    (b)       The person filing the document by facsimile shall provide therewith identification information on a cover page, including the caption of the document. The cover page shall indicate the number of pages included in the transmission.

                                    (c)        Subject to paragraph (a) above, all documents filed by facsimile shall be considered filed when the date and time have been stamped thereon by the clerk of courts. For the purpose of this section, the date and time stamp produced by the clerk's facsimile machine shall constitute the date and time stamp of the clerk of courts. All risks of transmission shall be borne by the sender.

                                    (d)       Fees for this service are as follows: $2.00 per transmission, plus $0.25 per page for the first ten (10) pages; all additional pages will cost $0.50 per page. Each transmission shall be limited to one (1) case. The clerk assumes no new responsibilities or liabilities by virtue of this local rule.

(E)       Contested matters that are not civil actions.
            (1)       All applications, exceptions, objections, or motions in contested matters shall be supported by a memorandum that is incorporated into or annexed to the motion. Motions and supporting memoranda shall be filed in duplicate. The clerk shall deliver the duplicate copy to the assignment commissioner, who shall be responsible for delivering it to the  judge to whom the case has been assigned. Service of motions shall be effected pursuant to the provisions of Civil Rule 73

 

 

(2)       All motions  shall be submitted for decision without oral argument unless the original motion or subsequent memorandum either in support of or in opposition to the motion contains the wording "Oral Argument Requested" in the caption.  The court may order oral argument on any motion.

(3)       Unless an extension of time is granted for good cause shown, any  memorandum in opposition to a motion, or a memorandum of a co-party in support of the motion, shall be filed within fourteen (14) days of the filing of the motion and the movant shall file any reply memorandum in support of the motion within seven (7) days of the filing of the last memorandum in opposition. No memorandum shall exceed fifteen (15) pages in length without leave of court. Unless oral argument is requested, a motion shall be considered submitted to the court for decision upon the expiration of said time period.

(F)       Miscellaneous.
                        (1)       Attorneys shall not act as sureties in any cause, nor shall they be permitted to become surety on the bond of any fiduciary.

                        (2)       No certified copies of entries or Entry Appointing Fiduciary; Letters of Authority (Standard Probate Form 4.5) will be issued unless all required filings have been made.

                        (3)       When the court determines that a guardian ad litem is necessary or appropriate, the court shall appoint a suitable and disinterested person as guardian ad litem.

                        (4)       Trial Court Jury Use and Management Standards for the Court shall be the same as those rules and regulations used by the Butler County Jury Commissioner, as set forth in the Butler County Common Pleas Court General Division Local Rules.

            (G)       Name changes.
                        (1)       A certified copy of a minor’s birth certificate shall be attached to all Application(s) for Change of Name of Minor (Standard Probate Form 21.2).
                        (2)       A certified copy of an applicant’s birth certificate shall be attached to all Application(s) for Change of Name of Adult (Standard Probate Form 21.0), unless this requirement is expressly waived by the court.

            (H)       Release from administration.
                        (1)       A fully completed Surviving Spouse, Children, Next of Kin, Legatees and Devisees (Standard Probate Form 1.0) shall be filed with each Application to Relieve Estate from Administration (Standard Probate Form 5.0) that is filed in the Court.  If the applicant discovers that the information set forth on the Standard Probate Form 1.0 is in any way incorrect, the applicant shall promptly file an amended Standard Probate Form 1.0 setting forth the correct information. 

                        (2)       A fully completed Assets and Liabilities to be Relieved from Administration (Standard Probate Form 5.1) shall be filed with each Application to Relieve Estate from Administration (Standard Probate Form 5.0) that is filed in the court.

                        (3)       The name and address of the appraiser shall be typed or printed underneath the appraiser’s signature on the Certification portion of Standard Probate Form 5.1. The appraiser shall be paid in accordance with section 2115.06 of the Revised Code.

                        (4)       Unless otherwise ordered by the Court, residential real estate included in the Assets and Liabilities to be Relieved from Administration (Standard Probate Form 5.1) may be considered as property the value of which is readily ascertainable and may be included in Standard Probate Form 5.1 at a value equal to the true value of such real estate as determined by the county auditor in accordance with section 5713.03 of the Revised Code.  If the county auditor’s valuation is used pursuant to this rule, a copy of the property record card reflecting the county auditor’s valuation as of the date of decedent’s death shall be attached to Standard Probate Form 5.1.

                        (5)       When an estate contains real property, counsel for the estate shall examine record title to each parcel of real property in the estate from the time it was acquired by the decedent.

                                    a.         At the time of the filing of the “Assets And Liabilities Of Estate To Be Relieved From Administration” (Standard Probate Form 5.1) or an “Application For Summary Release From Administration (Standard Probate Form 5.10), counsel for the estate, or if there is no counsel for the estate then counsel employed by the applicant to examine record title to each parcel of real property in the estate from the time it was acquired by the decedent, shall file with the Court a fully completed “Statement of Counsel Concerning Examination of Record Title” (BCPC Form 462), stating therein that counsel “has examined the real estate records of the County in which the hereinafter real estate is located … and that to the best of the undersigned’s knowledge, from said records, the above decedent had at the time of decedent’s death the interest in the real estate which is set forth in the [accompanying Certificate of Transfer].” 
[Effective date: 2/1/2005]

                        (6)       Personal property set forth on the Schedule of Assets (Standard Probate Form 6.1) shall be designated as being tangible personal property or intangible personal property.

                        (7)       In estates wherein the total value of all the household goods and furniture is less than $6,000.00, the household goods and furniture will be considered assets, the value of which is readily ascertainable and which need not be appraised, but shall be included in the inventory at a fair market value determined in good faith by the fiduciary.

                        (8)       Motor vehicles, the value of which is listed in published compilations of motor vehicle values generally used and relied upon by the public or by persons in the motor vehicle sales industry, will be considered assets, the value of which is readily ascertainable and which need not be appraised, but shall be included in the inventory.