These Rules are designed and adopted to provide an orderly means of access to the Court and an efficient system for resolution of disputes within the Court. The purpose of the Rules would be subverted if they are invoked by counsel for mere tactical advantage in a proceeding.
The Rules and their divisions are rules of reason. They shall be applied consistent with constitutional requirements, statutes, other court rules, and decisional law in the context of all relevant circumstances. The Rules are to be construed so as not to impinge on the essential independence of judges in making judicial decisions, or as a substitute for substantive law.
It is not intended that every transgression from the Rules will result in sanctions against a party or counsel. The imposition of a sanction and the degree of such sanction shall be determined through a reasonable and reasoned application of the Rules and should depend upon such factors as the seriousness of the transgression, whether there is a pattern of improper activity and the effect of the transgression on the rights of the parties and the merits of the cause before the Court or the perception of the judicial system by the public.
However, in the event sanctions are deemed appropriate, the Trial Judge, in accordance with the inherent powers of the Court and the enumerated powers contained in the Ohio Revised Code, the Ohio Rules of Civil and Criminal Procedure, the Rules of Juvenile Procedure, and the Rules of Superintendence shall have the power to impose sanctions on attorneys, parties, or both, for failure to comply with these Local Rules. Sanctions may be monetary, non-monetary or a combination of monetary and non-monetary. No sanction shall be imposed without providing the offending party and/or attorney an opportunity to be heard, unless the conduct giving rise to the sanction amounts to a direct contempt.
Pursuant to the authority granted in Article IV, §5 (B) of the Constitution of the State of Ohio and the Rules of Superintendence for the Courts of Ohio, it is Ordered that the following be the Rules of Practice and Procedure in the
Probate and Juvenile Courts of Belmont County, Ohio.
Section 3 Probate Court Rules
- Rule 25 - Guardian's Compensation
- Rule 18 - Name Change and Name Conformity Proceedings
- Rule 13 - Land Sales
- Rule 26 - Trustee's Compensation
- Rule 19 - Trusts
- Rule 14 - Decedent's Estates
- Rule 27 - Index of Deposited Wills
- Rule 21 - Accounting By Fiduciary
- Rule 15 - Wrongful Death Settlements
- Rule 28 - Delinquency Sanctions
- Rule 22 - Certificate of Giving Notice of Probate of Will
- Rule 16 - Settlement of Minor's Claim
- Rule 29 - Mediation
- Rule 23 - Court Costs
- Rule 17 - Guardianships
- Rule 24 - Counsel Fees
- Rule 20 - Accounting by Fiduciary