Persons appointed by the Court to serve as appraisers, fiduciaries, attorneys, magistrates in Involuntary Psychiatric Commitment proceedings, investigators, guardians ad litem, and trustees for suit, shall be selected from lists maintained by the Court.
Appointments will be made from such lists taking into consideration the qualifications, skill, expertise and case load of the appointee in addition to the type, complexity and requirements of the case.
Court appointees will be paid a reasonable fee with consideration given to the factors contained in Rule 1.5 of the Ohio Rules of Professional Conduct, the Ohio Revised Code and the Local Rules of Court relating to fees.
The Court shall review Court appointment lists at least twice annually to ensure the equitable distribution of appointments.
Effective September 20, 2010, no persons shall be added to the existing real estate appraiser list unless he or she is an appraiser certified by the State of Ohio (preferred); or at the very least is an Ohio licensed realtor, broker or agent.
(4) that the applicant agrees to follow the requirements of Civil Rules 4 through 4.6, and any applicable local rules, and specific instructions for service of process as ordered by the court in individual cases.
The applicant requesting the designation shall also submit a proposed order captioned "In Re The Appointment of (name of applicant) As Special Process Server," and stating as follows: "It appearing to the Court that the following applicant has complied with the provisions of Local Rule 8.2, (name of applicant) is hereby designated as a Special Process Server authorized to make service of process and subpoenas in all cases filed with this Court, to serve for one year, such year beginning on January 1st of the year filed and ending on December 31st, of that year, or until further order of the Court." The order shall be signed by the Presiding Judge of Probate Court. The Clerk of Courts shall record such appointment on the Court's Special Docket, and shall retain the original applications and entries. In any case thereafter, the Clerk of Courts shall accept a time-stamped copy of such order as satisfying the requirements of Civil Rule 4.1(B) for designation by the Court of a person to make service of process. The cost for filing this application is $20.00.
As required by Rule 9 of the Rules of Superintendence for Courts of Common Pleas, the Probate Division has adopted and implemented a local Security Policy and Procedures Plan/Manual.
No person, including a judge of a court of record of this state, magistrate of a court of record of this state, employee of this court, bailiff or deputy bailiff of a court of record of this state, county prosecutor, assistant county prosecutor, or a secret service officer appointed by a county prosecutor shall knowingly possess, have under their control, convey, or attempt to convey a deadly weapon, firearm, or dangerous ordnance onto the premises of the Cuyahoga County Courthouse ("Court House").
Any person that possesses a valid license to carry a concealed firearm as issued under R.C. 2923.125 or the reciprocity provision contained in R.C. 109.69, and conveys or attempts to convey a firearm in the Court House, shall immediately inform the Cuyahoga County Sheriff ("Sheriff") of the individual's possession of a concealed firearm and shall be instructed by the Sheriff of the general prohibition against the possession of any deadly weapon, firearm, or dangerous ordnance within the Court House. The Sheriff shall not take possession of any firearm carried by a properly licensed person, but shall require that the licensee leave the Court House and further instruct the licensee to safely secure the firearm outside the Court House. Admittance of the licensee shall be permitted once the firearm has been safely secured outside the Court House and the licensee passes the security screening procedure as contained in the ;Security Policy and Procedures Manual/Plan as implemented by this court on June 29, 1995.
A peace officer or an officer of any law enforcement agency of the State of Ohio or another state, a peace officer or an officer of a political subdivision of the State of Ohio or another state, or an officer or agent of the United States of America, who is authorized to carry a deadly weapon, firearm, or dangerous ordnance, that possesses or has under that individual's control a deadly weapon, firearm, or ordnance, and who is acting within the scope of that individual's duties at the time of possession or control, shall immediately inform the Sheriff of the possession of the deadly weapon, firearm, or ordnance to the Sheriff prior to entering the Court House. The Sheriff shall secure the surrendered deadly weapon, firearm, or dangerous ordnance within the secured "gun lock boxes" located at the street level entrance and rear parking garage entrance to the Court House. The deadly weapon, firearm, or dangerous ordnance shall be returned to the individual upon leaving the Court House. This Local Rule of Court is not applicable to the Sheriff, Deputy Sheriffs, or a Cuyahoga County Central Services/Protective Services Officer while they are on official duty within the Court House.
The Sheriff shall post signs, at the street level entrance and the rear parking garage entrance to the Court House, which contain the following language: Unless otherwise authorized by law pursuant to the Ohio Revised Code and Local Rule of Court, no person shall knowingly possess, have under the person's control, convey, or attempt to convey a deadly weapon, firearm, or dangerous ordnance onto the premises of the Cuyahoga County Court House. THE CARRYING OF A CONCEALED FIREARM OR THE OPEN CARRY OF A FIREARM, WITHIN THE CUYAHOGA COUNTY COURT HOUSE, IS PROHIBITED BY LOCAL RULE OF COURT AS AUTHORIZED BY OHIO REVISED CODE 2923.123(C)(6).
(A) Any party or their representative may retain the service of a private reporter to keep a verbatim record of any scheduled hearing. The moving party in any adversary proceeding scheduled for trial before a Judge shall retain a private reporter; this requirement may be waived at the discretion of each Judge. Upon written motion made at least twenty-four (24) hours prior to the taking of testimony at the hearing, a private reporter so retained shall be designated by the Court as the official court reporter for the purpose of recording the proceedings at such hearing. A private reporter also may be designated as the official reporter for a hearing by agreement of the parties. The requesting party shall pay the costs of the stenographic record.
(B) An audio digital recording may be made of hearings. If such recording is available, any interested person may request that an audio recording be transcribed by a stenographer selected from the Court's approved list. A transcript of the audio-electronic recording may be requested on Form A. The person making the request shall pay the costs of the transcription. The Court shall convey the recording to the appointed stenographer. Transcripts will be released upon payment of the transcription fee. Failure to timely pay the fee may result in sanctions being issued by the Court against the person who ordered the transcript. A transcript filed with the Court under this provision shall serve as the official record of the Court.
The original audio electronic recording of the proceedings will not be made available to the parties. An interested party will not be allowed to use the contents of a recording in subsequent pleadings filed with the Court or in argument before the Court unless a transcript of the entire hearing is filed with the Court as provided herein.
(C) Upon filing an Objection to a Magistrate's Decision or a Notice of Appeal, an objector or appellant who is required or desires to file a transcript of a hearing must request a stenographer from the Court's approved list. The objector/appellant must file the completed transcript in this Court within the time limits of the Local Rules of Court, Rules of Civil Procedure, or the Rules of Appellate Procedure. When the transcript is filed by an appellant, this Court will certify the transcript to the Court of Appeals.
(D) All audio recorded proceedings will be maintained by the Court for two (2) years from the date of the hearing. Upon the expiration of two (2) years from the date of the hearing, the Court will destroy the Court's original recordings. Any interested person desiring to preserve the record beyond that period must arrange to have the record transcribed as provided herein and file the transcript in the underlying case.
(A) Introduction. The Cuyahoga County Court of Common Pleas, Probate Division, adopts Local Rule 16.1 effective September 1, 2011. Through 16.1, the Court incorporates by reference the Uniform Mediation Act (UMA) R.C. 2710 and Rule 16 of the Supreme Court of Ohio Rules of Superintendence.
By participating in mediation, a non-party participant, as defined by R.C. 2710.01(D), submits to the Court's jurisdiction to the extent necessary for enforcement of this rule. Any non-party shall have the rights and duties under this rule as parties, except that no evidence privilege applies.
Mediator means any individual who mediates cases pursuant to an order of this Court, regardless of whether that individual is a court employee, an independent contractor or a volunteer.
(B) Case Selection. After the filing of an estate, guardianship application, trust, or any other action, the Court may refer disputed issues to mediation pursuant to the Court's own order, a party's motion or by agreement of the parties. The mediation sessions may be held until all issues are resolved in a manner acceptable to the parties or until the mediator determines that continued mediation would not be productive.
The Court must approve all referrals to mediation. Referral to mediation by the Court shall be by an "Order and Notice of Mediation". The Court may order parties to participate in, or return to, mediation at any time.
Mediation is prohibited 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 protection order; and in determining the penalty for violation of a protection order.
The Court may appoint a Magistrate not previously referred the case.
The Court may appoint a mediator from a list of qualified mediators maintained by the Court. The list will contain the names of attorneys who meet certain qualifications set by the Court. The Court will annually prepare and review this list. Attorneys requesting appointment shall send a letter to the Court listing their qualifications and their rate of compensation.
The Court may make specific appointments taking into consideration the qualification, skills, and expertise of the mediator in addition to the type, complexity and requirements of the case.
Have completed 12 hours of basic mediation training or such other qualifications satisfactory to the Court.
In accordance with R.C. 2710.08 (A) and (B), the mediator shall disclose to the mediation participants any known possible conflicts that may affect the mediator's impartiality as soon as such conflict becomes known to the mediator. If a party or counsel requests that the assigned mediator withdraw because of the conflict, the parties shall notify the Judge who will then appoint another mediator. The parties shall be free to retain the mediator by submitting an informed, written waiver of the conflict of interest.
(D) Procedures. If a case is appropriate for mediation, the Mediator will set a time and date. A mediator may meet with the parties individually prior to bringing the parties together for any reason including, but not limited to further screening. A mediator may schedule multiple mediation sessions, if necessary and mutually acceptable, for the resolution of the issues.
In accordance with R.C. 2710.09 and Sup. R. 16, an attorney or other individual designated by a party may accompany the party to and participate in mediation.
The Court will generate an "Order and Notice of Mediation" that will be sent to all parties. This Order shall ensure that parties are aware of their right to participate in mediation and provide an initial screening for domestic violence.
The Mediator will send the parties an "Agreement to Mediate" form to complete. This form shall explain mediation and underscore the confidentiality of mediation.
The Mediator will require all parties to complete a "Mediation Intake Form" to screen for domestic violence and to ascertain the issues in the case.
(E) Mediation Privilege/Confidentiality. Statements made during a mediation session shall be considered compromise negotiations and are not admissible as evidence pursuant to Evidence Rule 408. Mediators will not be permitted to testify regarding the substance of the mediation, including but not limited to, cooperation or non-cooperation of the parties.
(F) Continuances. Continuances shall only be granted for good cause shown and after a mutually acceptable date has been determined.
If a case is continued, settled, or dismissed more than seven days prior to the scheduled mediation conference date, the qualified mediator shall not be entitled to compensation except in cases where the Court is not notified of the continuance, settlement, or dismissal by that date.
(G) Stay of Proceedings. All orders remain in effect during the mediation process unless the Court grants a stay or suspension by written court order.
(H) Termination. If the mediator determines that further mediation efforts would not be beneficial to the parties, the mediator shall terminate the mediation and inform all interested parties and the Court.
The mediator may immediately prepare a written memorandum memorializing the agreement reached by the parties. The parties and counsel shall sign the memorandum.
Counsel shall present a termination entry for approval within fourteen (14) days.
(J) Duties of Attorney/Parties. Trial counsel and all parties, all with authority to settle, shall personally attend all mediation sessions prepared to discuss all relevant issues, including settlement terms. A party other than a natural person must be represented by a person in addition to counsel.
If counsel or any mediation party becomes aware of the identity of a person or entity whose consent is required to resolve the dispute, but who has not been joined as a party in the pleadings, they shall promptly inform the mediator and the Judge of such fact.
If the opposing parties to any case have either resided in a common residence or are related by blood, adoption or marriage, and have known of alleged domestic abuse at any time prior to the mediation, then the parties or their counsel have a duty to disclose such information to the mediator. Such party shall also have a duty to participate in any screening required by the Supreme Court of Ohio Superintendence Rule 16 both prior to, and in the mediator's discretion, during the mediation sessions.
(K) Compensation. A mediation session is defined as a four-hour period. The Court will pay the mediator's fee for the first mediation session, up to a maximum of $700.00, unless otherwise ordered. The parties are equally responsible for paying 1/2 of the remaining mediator's fee for the first mediation session. If continued mediation sessions are necessary, the mediator's fee shall be borne equally by the parties, unless otherwise ordered by the court. The Court will determine the mediator's rate of compensation. The mediator's fee will be based upon the complexity of the issues in the matter being mediated. Any additional expenses associated with the mediation must also be approved by the Court. This provision shall govern all cases referred to mediation, including appropriation petitions, unless the latter are referred to mediation in accordance with O.R.C. 163.051 where that statute shall apply.
(L) Legal Advice. The efforts of the mediator shall not be construed as giving legal advice. The Court provides and prominently displays brochures for distribution to parties as appropriate. The Court authorizes the mediator to provide such resource information; however, such distribution shall not be construed as a recommendation of or referral to such resource. These materials will include (1) attorney referral information and (2) local domestic violence prevention, counseling, substance abuse and mental health services.
(M) Sanctions. If any individual ordered by the court to attend mediation fails to attend without good cause, the Court may impose sanctions, including contempt, the award of attorney's fees and other costs or other appropriate sanctions.
All cases filed on or after 12/19/2011 shall be assigned to a Judge through a process, either manual or electronic, which insures a random selection of the Judge and preserves the identity of the Judge until selected.
Where multiple parties have filed an application/case on the same matter, the Court on its own motion or on the motion of a party shall consolidate the cases. The matter shall proceed under the case number of the application/case filed first. Any orders issued prior to consolidation shall remain in full force and effect.
Where there is a prior pending case or a previously dismissed case within one year of its dismissal, any newly filed case involving the same parties, which has not yet been heard by the newly assigned Judge, shall be reassigned to the prior Judge.
When it is necessary for a case already assigned to a Judge to be reassigned, a Judgment Entry shall be sent to the other Judge requesting the reassignment and stating the reason for the reassignment. The case shall then be reassigned to the other Judge.
In the event the assigned Judge is not available, all matters in the case may be handled by the other Judge, provided that, prior to taking any action, the assigned Judge issues an Order explaining the need for such action and includes the finding that the assigned Judge is unavailable and that a delay in ruling will be prejudicial to the parties.
In the event of the unanticipated absence of the assigned Judge, the other Judge shall be designated with such authority to handle all such matters for that Judge without a prior Court order from the assigned Judge.
(A) Motions, in general, shall be submitted and determined upon the pleadings and motion papers. Oral arguments of motions may be permitted at the discretion of the Court.
(B) The moving party shall serve and file with the motion a brief written statement of reasons in support of the motion and a list of citations of authorities. If the motion requires consideration of facts not appearing of record, the movant shall serve and file copies of affidavits, depositions, photographs or documentary evidence which the movant relies upon in support of the motion.
(C) Each party opposing the motion, except a motion for summary judgment, shall serve and file within seven (7) days thereafter, a brief written statement of reasons in opposition to the motion and a list of citations of the authorities which are relied upon. If the motion requires the consideration of facts not appearing of record, the respondent shall also serve and file copies of all affidavits, depositions, photographs or documentary evidence which the respondent relies upon.
(D) Reply or additional briefs upon motions and submissions may be filed with leave of the Court only upon a showing of good cause.
(E) Objections to interrogatories shall include, immediately preceding any discussions and citation of authority, the interrogatory in full to which objection is made.
(F) Counsel are encouraged to participate in pretrial discovery conferences to reduce the filing of unnecessary discovery procedures. To curtail undue delay in the administration of justice, no discovery filed under Rule 26 through 37 of the Rules of Civil Procedure to which objection or opposition is made by the responding party shall be taken under consideration by the Court, unless the party seeking discovery shall first advise the Court in writing that after personal consultation and sincere attempts to resolve differences they are unable to reach an accord. This statement shall recite those matters which remain in dispute, and in addition, the date, time and place of such conference, and the names of all participating parties. It shall be the responsibility of counsel for the party seeking discovery to initiate such personal consultation.
(G) The presentation to the Court of unnecessary motions, and the unwarranted opposition of motions, which in either case unduly delay the course of an action through the Courts, subject an offender to appropriate sanctions including the imposition of costs.
(H) All pleadings and briefs containing references to statutes, or regulations, unpublished cases or cases from Courts outside of this state except U.S. Supreme Court decisions shall have attached a copy of the statute, regulation or case. A party who cites an unpublished opinion or case shall indicate any disposition by a superior appellate Court.
(1) A party opposing a motion for summary judgment made pursuant to Civil Rule 56 may file a brief in opposition with accompanying evidentiary materials (as permitted by Civil Rule 56(c)) within 30 days of service of the motion. The movant may file a reply brief in support of the motion within ten (10) days of service of the brief in opposition. The movant's reply brief shall not refer to or include any additional evidentiary materials without agreement of the parties or leave of Court.
(2) Unless otherwise ordered by the Court, motions for summary judgment shall be heard on briefs and accompanying evidentiary materials (as permitted by Civil Rule 56(c)) without oral argument.
(A) Upon motion of any party showing good cause and upon notice to all other parties and the individual who is the subject of the reports, the judge may order any hospital by any agent competent to act in its behalf, to reproduce all or any portion of designated hospital records, not privileged, which constitute or contain evidence pertinent to an action pending in this Court. The order shall direct the hospital to describe by cover letter the portion or portions of the records reproduced and any omissions and specify the usual and reasonable charges. The order shall designate the person or persons to whom such reproductions shall be delivered or made available.
(B) Objections to the admissibility of such reproduced hospital records on the grounds of materiality or competency shall be deemed reserved for ruling at the time of trial without specific reservation in the order to reproduce. Reproductions made pursuant to this procedure may be admitted in evidence without further identification or authentication but subject to rulings or objections impliedly or specifically reserved unless the order expressly provides otherwise.
(C) Charges for reproduction of its records shall be paid directly to the hospital by the movant or movants.
(D) Where original records are produced in Court and reproductions subsequently substituted by agreement of the parties or by order of the Court, the movant or movants shall be responsible for the cost. Unless otherwise ordered by the Court, all original records shall be returned by the Court reporter to the hospital upon entry of judgment in this Court.
The Court will perform marriage ceremonies during normal business hours, by appointment, at the convenience of the Court. A fee of $100.00 shall be paid, in advance, for this service.
The Probate Court and its offices shall be open for the transaction of business from 8:30 a.m. to 4:30 p.m., Monday through Friday except legal holidays. All pleadings requiring a new case number or the payment of Court costs shall be filed by 4:15 p.m.
(A) "Electronic" has the same meaning as used in Section 1306.01 of the Ohio Revised Code.
An electronic image of an individual's handwritten signature.
(C) Electronic transmission of a document with an electronic signature by a Judge or Magistrate that is sent in compliance with procedures adopted by the Court shall, upon the complete receipt of the same by the Clerk of Court, constitute filing of the document for all purposes of the Ohio Civil Rules, Rules of Superintendence, and the Local Rules of this Court.
Additional court costs for subsequent filing will be assessed in accordance with Ohio Revised Code Section 2101.16. Additional fee are located on the FAQs page.
Applications for Guardianship accompanied by an affidavit of the applicant of inability to prepay or give security for court costs shall be accepted without the necessity of such deposit as a condition for filing. All fees must be paid before the Court will proceed with scheduled hearings or before the Court will grant the relief requested.
(A) In order to procure and maintain computerized legal research services as authorized by Ohio Revised Code 2101.162(A) a fee of Three Dollars ($3.00) is being collected as costs in each cause filed, including but not limited to, an estate, guardianship, trust, adoption, minor settlement, change of name, and civil action.
(B) In order to procure and maintain computer systems the Clerk of the Probate Court is charging an additional fee, as authorized by Ohio Revised Code 2101.162(B), of up to Ten Dollars ($10.00) in each cause filed, including but not limited to, an estate, guardianship, trust, adoption, minor settlement, change of name, and civil action.
(C) Pursuant to Ohio Revised Code 2101.163(A) and for the purpose of implementing dispute resolution procedures, the Clerk of the Probate Court shall charge, in addition to the fees and costs authorized under Section 2101.16 of the Ohio Revised Code, a reasonable fee, not to exceed Fifteen Dollars ($15.00), on the filing of each action or proceeding including, but not limited to, an estate, guardianship, trust, adoption, minor settlement, change of name, and civil action. (Effective 8-25-10).
(D) Pursuant to Ohio Revised Code Section 2303.201(E)(1) the Court of Common Pleas has determined that, for the efficient operation of the Court, additional funds are necessary to acquire and pay for special projects of the Court, including, but not limited to, the acquisition of additional facilities or the rehabilitation of existing facilities, the acquisition of equipment, the hiring and training of staff, community service programs, the employment of magistrates, the training and education of Judges and magistrates, and other related services. An additional fee of Fifteen Dollars ($15.00) shall be assessed for each action or proceeding, including but not limited to an estate, guardianship, trust, adoption, minor settlement, change of name, civil action, correction of birth record, registration of birth and marriage license application.
Pursuant to O.R.C. 2115.16 and Civil Rule 73(E)(7) unless notice is waived, upon filing of an inventory as required by R.C. 2115.02, the executor or administrator shall serve the notice of the hearing by ordinary mail upon the surviving spouse and all next of kin in an intestate estate and to all beneficiaries in a testate estate.
Decedent's Estates - To the surviving spouse and all next of kin in an intestate estate and to all residual beneficiaries in a testate estate.
Guardianships - To all next of kin of the ward.
Trusts - To all beneficiaries.
Any person entitled to notice who is under 16 years of age shall be served in accordance with Civil Rule 4.2(B).
In accordance with O.R.C. 2109.301(A) vouchers or proof of disbursements shall not be required to be filed by executors or administrators unless otherwise ordered by the Court.
Original vouchers or receipts of disbursements must be filed with accounts of guardians, conservators or trustees.
In accordance with O.R.C. 2109.301(B) the final account in estates shall be filed within six (6) months after appointment of the executor or administrator.
Upon motion of the fiduciary or counsel for the estate, the time for filing an account in an estate may be extended to thirteen (13) months from the date of appointment or other appropriate time for any of the reasons set forth in O.R.C. 2109.301(B).
(A)	Emergency Guardianship. Pursuant to Ohio Revised Code Section 2111.02, if a minor or incompetent has not been placed under a guardianship, and if an emergency exists and it is reasonably certain that immediate action is required to prevent significant injury to the person or estate of the minor or incompetent, at any time after it receives notice of the emergency, the Probate Court, ex parte, may issue any order that it considers necessary to prevent injury to the person or estate of the minor or incompetent, or may appoint an emergency guardian for a maximum period of seventy-two hours.
Applications for emergency guardianship must be accompanied by a completed Statement of Expert Evaluation (Form 17.1), along with a completed Supplement for Emergency Guardian of Person (Form 17.1A). Applications should also contain any attachments or exhibits that may assist the Probate Court in determining whether to grant an emergency guardianship.
Once the Application has been filed and the appropriate filing fee paid, the Application and any accompanying materials will be reviewed by the Judge or Guardianship Magistrate. The Judge or Guardianship Magistrate may, but is not required to, meet with the applicant or attorney filing the Application.
Emergency guardianship will be granted only if there is reasonable certainty that immediate action is required to prevent significant injury to the person or estate of the individual. The Probate Court recognizes that emergency guardianship should not be granted where another remedy may be appropriate.
If the Judge or Guardianship Magistrate declines to grant an emergency guardianship, the Probate Court may, in its discretion, schedule the matter on an expedited basis.
1.	A Judgment Entry will issue granting emergency guardianship for a period of seventy-two (72) hours.
2.	A hearing will be scheduled within seventy-two (72) hours in order to determine whether to extend the emergency order for up to thirty (30) days.
3.	A hearing will be scheduled on the regular guardianship docket for hearing on the Application for Appointment of Guardian.
4.	As soon as possible after the issuance of the emergency guardianship order, a Probate Court Investigator will visit with the respondent in order to serve notice of the emergency guardianship proceedings and scheduled Probate Court hearings.
After notice to the respondent and hearing, the Probate Court may extend the seventy-two (72) hour emergency guardianship for a period not to exceed thirty (30) days, in which case a Judgment Entry will issue.
(1)	Only complaints filed on the designated form, accompanied by the appropriate filing fee, will be received and docketed by the Probate Court. Complainants are encouraged to attach supporting documentation and affidavits to their complaint.
(2)	Upon receipt, the complaint will be docketed by the Probate Court Clerk and delivered to the Guardianship Department for review.
(3)	Upon receipt, the Guardianship Clerk will log the complaint into the database maintained by the Probate Court for the purpose of monitoring such complaints.
(a)	The matter may be set for Review Hearing, in which case a copy of the Complaint will be sent to the guardian and hearing notice will be sent to the complainant and the guardian.
(b)	The Judge or Magistrate may conduct an investigation into the complaint, which may or may not involve the use of a Probate Court Investigator, after which a written response will be prepared and sent to the complainant and the guardian.
(c)	The Judge or Magistrate may determine that, on its face, the complaint does not warrant further action, in which case a written response will be prepared and sent to the complainant.
(5)	In all cases in which the Probate Court generates a response pursuant to Items (4)(b) or (c) above, the response of the Probate Court will be docketed and the complaint and response will be maintained in the Probate Court file.
(6)	At the conclusion of the Review Process, the Guardianship Clerk will make a notation in to the database regarding the disposition of the complaint.
The above Review Process does apply to those communications received by the ward. However, complaints filed by the ward do not need to be on the designated form; do not incur a filing fee; and are set before a Judge or Magistrate subject to the limitations set forth in Ohio Revised Code Section 2111.49(C).
(C)	Comments and Complaints Retention. Comments and complaints submitted to the Probate Court shall be kept in a manner consistent with Loc.R. 66.03(B)(5).
(A) Annual Plan. A guardian of an incompetent person shall file annually with the Court a guardianship plan, on a form approved by the Probate Court, which shall state the guardian's goals for meeting the ward's personal and financial needs. The Annual Plan shall be filed as an attachment to the Biennial Report required pursuant to Probate Court Local Rule 66.1 in years in which a Biennial Report is due. In years in which a Biennial Report is not due, the Annual Plan shall be filed on or before June 1st of that calendar year.
(B) Guardians with Ten or More Wards: Annual Registration. All guardians appointed by the Court who have ten (10) or more wards under their care shall annually register with the Court, on a form approved by the Probate Court, on or before June 1st of each calendar year, and provide a listing of all wards appointed to the guardian.
Effective August 1, 1988 a Biennial Report of the mental and physical condition of the ward must be filed at the time of the filing of a partial account by the guardian of an incompetent person.
Effective August 1, 1988 a Biennial Report of the mental and physical condition of an adult incompetent must be filed by the guardian of the person only.
Guardians of adult wards shall deposit all wills of their wards, immediately following their appointment, with the Probate Court pursuant to Ohio Revised Code Section 2107.07.
Pursuant to Ohio Revised Code Section 2109.04, an individual appointed as guardian of the estate of a minor or incompetent is required to post bond with a penal sum in an amount that is fixed by the Probate Court. In the event that the guardian is unable to post bond, or deems it inexpedient to post bond, the guardian shall be required to secure the services of legal counsel for the purpose of filing a Motion for Deposit of Personal Property pursuant to Ohio Revised Code Section 2109.13. A Motion for Deposit of Personal Property shall be granted only where the guardian is an attorney, or where the guardian is represented by legal counsel. Said representation shall continue until a Verification of Receipt and Deposit (Probate Court Form 22.3) is filed with the Probate Court.
(A) Court's Authority to Determine Attorney Fees. Attorney fees for the administration of a decedent's estate shall be reasonable and beneficial to the decedent's estate. Attorney fees are governed by the Rules of Professional Conduct and the Rules of Superintendence adopted by the Supreme Court of Ohio. The Court has the ultimate responsibility and authority to determine attorney fees in a decedent's estate as required by such Rules.
(B) Attorney fees for the administration of a decedent's probate estate shall ordinarily be paid at the time the fiduciary's Final Account or Certificate of Termination is prepared for filing with the Court. The Court may, upon application and for good cause shown, approve an Application for Partial Payment of Attorney Fees prior to the time the fiduciary's Final Account is filed with the Court. The basis for approving partial payment of attorney fees may include, for example, that the payment of attorney fees provides an income tax benefit to the estate; that the estate is involved in protracted litigation; or that the administration of the estate is extended because of circumstances beyond the fiduciary's and the attorney's control. Generally, the Application should state the total amount of the attorney fees and any anticipated extraordinary fees that may be requested for the complete administration of the decedent's probate estate. Ordinarily, partial attorney fee requests should not exceed 50% of the total of the attorney fees estimated to be requested for the complete administration of the decedent's probate estate.
(C) No application for fees, no itemization for services rendered, no consents from heirs or residuary beneficiaries of the probate estate or all other parties affected by payment of said fees are required where counsel's fee is $3,000 or less and is consistent with the attached schedule of compensation.
(D) Ordinary Fees. Attorney fees for the administration of a decedent's estate computed in accordance with the schedule of compensation set forth below shall be approved without a separate application for attorney fees as follows: where consents to the specific dollar amount are provided from all heirs whose shares are affected by said fees; or where an itemization of services consistent with the requested fees is attached. Such schedule however, is not to be considered or represented to clients as a schedule of minimum or maximum attorney fees to be charged.
(2) Appraised value of real estate transferred to heirs or devisees by affidavit or certificate of transfer when no sale is involved at a rate of 1%.
(a) If a federal estate tax return is not required, 1.5% of all such property.
(b) If a federal estate tax return is required, 2.5% of all such property.
(E) Except as set forth above, ordinary fees that are not in accordance with the schedule of compensation set forth above shall not be approved without a separate application for attorney fees, including an itemization of services rendered. The application shall also include consents from the heirs to the specific dollar amount. A hearing is required if consents from all the heirs are not received, or if the Court determines that a hearing is otherwise necessary to determine reasonableness of the requested attorney fees.
(F) In determining the reasonableness of the requested attorney fees, the court shall consider the following: the prior experience of the attorney; the complexity of the matter presented; any special problems that may have presented themselves during the representation; the time spent by the attorney; and, for estate cases, the amount of assets and income available for the payment of attorney fees.
(G) Release of Assets. Attorney fees for release of assets from administration shall be the greater of $750 or 2.5% of all such property. Any fee greater than this amount requires an itemization of services rendered.
(7) Proceedings involving ancillary administration of assets not subject to administration in this state.
Dual Role of Attorney and Fiduciary. Where the fiduciary is also the attorney for the estate, or if the attorney for the estate is associated with the fiduciary's law firm, reasonable attorney fees shall be rebutably presumed to be one-half of the schedule of compensation amount if a full fiduciary fee is claimed. Likewise, fiduciary fees shall be rebutably presumed to be one-half of the executor computation worksheet if a full attorney fee is claimed. This paragraph shall not apply if the fiduciary fee or attorney fee is waived.
(J) Fixed or Contingency Fees. Except as otherwise required under Sup. R. 71, where the attorney on application to the court prior to or during administration requests a fixed or contingent fee, the court, if it deems appropriate and after notice to the interested parties, may fix a reasonable fixed fee for services beneficial to the administration of the estate or may approve a contingency fee under appropriate circumstances. Notice to the trustee of a testamentary or inter vivos trust shall be deemed notice to all beneficiaries of such trust. Nothing in this rule is intended to permit a contingency fee for estate administration services.
(4) The computation form for ordinary compensation contains a calculation which reflects that the attorney fees taken are within guidelines contained in Local Rule 71.1(D) subject to the conditions therein. An itemized record of the attorney fees must accompany the computation form when filed without consents, except for Section (C) above.
(L) Interested Party. For purposes of this rule, an interested party is on who has a direct pecuniary interest in the payment of an attorney fee charged for the administration of a decedent's estate.
(M) General Provisions. Notwithstanding anything herein to the contrary, if by reason of the application or the percentages to values of assets, disparity or injustice results and whether or not consents have been submitted, filed, or are otherwise not necessary, such disparity or injustice may be reviewed and adjusted by the Court on the Court's own motion with respect to any account reflecting such compensation or upon exceptions to such an account filed by an interested party.
(A) Court's Authority to Determine Attorney Fees. Attorney fees for the administration of a decedent's estate shall be reasonable and beneficial to the decedent's estate. Attorney fees are governed by the Rules of Professional Conduct and the Rules of Superintendence adopted by the Supreme Court of Ohio. The Court has the ultimate responsibility and authority to determine attorney fees in a decedent's estate as required by such Rules.
(B) Ordinary Fees. Attorney fees for the administration of a decedent's estate computed in accordance with the schedule of compensation set forth below shall be approved without a hearing. Such schedule however, is not to be considered or represented to clients as a schedule of minimum or maximum attorney fees to be charged.
(3) Release of assets from administration, the greater of $500 or 1.5% of all such property.
(a) If a federal estate tax return is not required, 1% of all such property.
(b) If a federal estate tax return is required, 2% of all such property.
(1) Involvement in a will contest, will construction, a proceeding for determination of beneficiaries, a contested claim, elective share proceeding, apportionment of estate taxes, or any other adversarial proceeding or litigation by or against the estate.
(2) Representation of the personal representative in audit or any proceeding for adjustment, determination or collection of taxes.
(3) Tax advice on post mortem tax planning.
(4) Purchase, sale, lease or encumbrance of real property by the fiduciary or involvement in zoning, land use, environmental or other similar matters.
(5) Representation regarding carrying on the decedent's business or conducting other commercial activity by the fiduciary.
(6) Fiduciary or attorney compensation disputes.
(D) Fixed or Contingency Fees. Except as otherwise required under Sup. R. 71, where the attorney on application to the court prior to or during administration requests a fixed or contingent fee, the court, if it deems appropriate and after notice to the interested parties, may fix a reasonable fixed fee for services beneficial to the administration of the estate or may approve a contingency fee under appropriate circumstances. Notice to the trustee of a testamentary or inter vivos trust shall be deemed notice to all beneficiaries of such trust. Nothing in this rule is intended to permit a contingency fee for estate administration services.
(1) Payment of an attorney fee is included in an accounting filed by a fiduciary who is also a sole beneficiary of a solvent estate.
(2) If all of the interested parties whose share will be charged with the payment of any part of the fee, consent in writing to the specific dollar amount to be paid, and such consent instrument is filed with the account which claims credit for the fee paid; provided however, a guardian may consent for his ward; the fiduciary of a deceased beneficiary's estate may consent on behalf of the deceased beneficiary; and a testamentary trustee or inter vivos trustee may consent on behalf of all trust beneficiaries.
(3) Computation form for ordinary compensation contains a calculation which reflects that the attorney fees taken are within the guidelines contained in Local Rule 71.1(B) subject to the conditions therein. An itemized record of the attorney fees must accompany the computation form when filed without consents.
(F) Interested Party. For purposes of this rule, an interested party is one who has a direct pecuniary interest in the payment of an attorney fee charged for the administration of a decedent's estate.
(G) General Provisions. Notwithstanding anything herein to the contrary, if by reason of the application or the percentages to values of assets, disparity or injustice results and whether or not consents have been submitted, filed, or are otherwise not necessary, such disparity or injustice may be reviewed and adjusted by the Court on the Court's own motion with respect to any account reflecting such compensation or upon exceptions to such an account filed by an interested party.
30% of the amount over $100,000.00.
Upon written application additional compensation may be granted if the applicant demonstrates and the court is satisfied that extraordinary services have been rendered.
(1) Attorney fees shall be based upon the actual services performed and the reasonable value of the services.
(2) All applications for attorney fees shall set forth an itemized statement of the services performed, the date services were performed, the time spent in rendering the services, and the rate charged per hour.
(3) In determining the reasonableness of the requested attorney fees, the court shall consider the following: the prior experience of the attorney; the complexity of the matter presented; any special problems that may have presented themselves during the representation; the time spent by the attorney; and, for guardianship and trust cases, the amount of assets and income available for the payment of attorney fees.
(4) Any services provided by "paralegals" must be performed under the supervision of a licensed attorney who must verify such supervision on the application.
(1) Paragraphs (A)(1) through (4) of this rule shall apply.
(2) The attorney/guardian may seek guardian's compensation pursuant to Local Rule 73.1 or attorney fees in accordance with this section, but not both.
(3) In addition to the factors set forth in Paragraphs (A)(1) through (4) of this rule, the court shall also consider the amount of non-legal time expended by the attorney/guardian in managing the guardianship estate.
(1) Where the trustee is also the attorney for the trust, or if the attorney for the trust is associated with the trustee's law firm, reasonable attorney fees shall be rebutably presumed to be one-half of the schedule of compensation amount, if a full trustee fee is claimed.
(2) Trustee fees shall be rebutably presumed to be one-half of the trustee computation worksheet if a full attorney fee is claimed. Section C shall not apply if the trustee fee or attorney fee is waived.
When requested by the respondent or ward, the Court will appoint legal counsel to represent the individual. The order appointing legal counsel will indicate that the legal fees will be paid from the indigent guardianship fund if the individual is deemed to be indigent.
(1) Meet with the client prior to hearing.
(2) File any necessary motions or papers with the Court.
(3) Attend all court hearings related to the matter.
At the conclusion of the case, appointed counsel may file an Application for Attorney Fees with an itemization of time expended. The maximum allowed hourly rate is $125.00 per hour, and the total fee for any particular matter will be capped at $1,000.00, absent extraordinary circumstances.
(a) 3% of the total income; and 3% of the total expenditures.
(b) 10% of gross rental income from real estate.
(2) An annual fee of $2.50 per $1,000.00 of the fair market value of the principal.
(3) Minimum compensation of $500.00 per year.
(4) Compensation computed on income will not be allowed on balances carried forward from one accounting period to another; nor will an investment of funds of the final distribution of unexpended balances to award at the close of a guardianship be considered as an expenditure.
(B) For the purpose of computing a guardian's compensation as herein provided, the fair market value of the principal shall be determined by the guardian as of the appointment date and as of each anniversary thereafter. The compensation so determined may be charged 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 period shall be similarly adjusted to reflect such revised valuation.
(C) Additional compensation, reimbursement for expenses incurred, and fees of a guardian of the person only may be fixed by the court on application. The court may require that applications for fees or compensation be set for hearing and that written notice of the time and place of the hearing and the amount applied for be given to interested parties, as required by the court. A copy of the notice, with certified mail return receipt attached, together with an affidavit of the service of such notice, shall be filed prior to the hearing.
(D) The compensation of co-guardians in the aggregate shall not exceed the compensation which would have been payable if only one guardian had been acting.
(E) A separate schedule of the computation of the guardian's compensation shall be set forth in the guardian's account as a condition of its approval.
(F) Except for good cause shown, neither compensation for a guardian nor fees to the attorney representing the guardian, will be allowed when the guardian is delinquent in filing an account as required by RC 2109.30.
$4.50 per $1,000.00 on the balance of the fair market value of the principal.
The trustee may charge a minimum fee of $1,500.00.
There may be allowed an amount equal to 1% of the fair market value of any distribution or payment from the principal of the trust property. This amount shall be charged against and deducted from the distribution or payment.
A corporate trustee that provides a service which invests all available income and/or principal cash on a daily basis may be allowed an amount equal to one-half of one percent (0.5%), on an annual basis, of the amount invested, but not in excess of $100 per month.
(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 4.1. The notice shall contain a statement of amount of the compensation sought.
(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 trustees' account or evidenced by separate instrument filed therewith.
(E) Where the trustee is also the attorney for the trust, or if the attorney for the trust is associated with the trustee's law firm, reasonable attorney fees shall be rebutably presumed to be one-half of the schedule of compensation amount, if a full trustee fee is claimed. Trustee fees shall be rebutably presumed to be one-half of the trustee computation worksheet if a full attorney fee is claimed. Section E shall not apply if the trustee fee or attorney fee is waived.
(F) A separate schedule of the computation of trustee's compensation shall be shown in the trustee's account as a condition of its approval.
(G) Except for good cause shown, neither compensation for a trustee nor fees to the counsel representing the trustee will be allowed while the trustee is delinquent in filing an account required by RC 2109.30.
I. Supervision of estates, trusts and guardianships, adoption and psychiatric proceedings.
A. The Court shall keep an inventory of all pending cases.
1. listing all new cases filed.
2. removing all cases where a final account has been approved or final judgment has been rendered.
3. listing the status of each open case.
2. removing all cases where a final judgment has been rendered.
C. A pretrial conference shall be conducted in all cases prior to trial except in land sale proceedings.
D. Within 30 days after the answer date, the case shall be set by the Court for a pretrial conference.
E. Notice of the pretrial conference shall be given to all parties or their counsel of record by certified mail not less than 14 days prior to the conference. Applications for continuance of the conference shall be in writing and filed with the Court in a timely manner.
B. All land sales which have not been concluded within one year from the date of filing shall be dismissed unless good cause is shown.
Effective January 2, 2002, fiduciaries appointed to administer estates of decedents are required to file a Certificate of Notice of Admission of Will to Probate within sixty (60) days of their appointment or be subject to removal proceedings.
As required by Rule 9(C) of the Rules of Superintendence for Courts of Common Pleas, the Probate Division has adopted and implemented a Jury Management Plan which has been filed with the Supreme Court of Ohio.
In accordance with Section 1337.12 of the Ohio Revised Code, a durable power of attorney for health care that contains the nomination of a person to be the guardian of the person, estate, or both of the principal may be filed with the Probate Court for safekeeping. Only the principal and attorney-in-fact shall be entitled to access this document. Both the Principal and Attorney-in-Fact shall advise the Probate Court of any change in their respective address.


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text:
Aradhana (1969)
Director: Shakti Samanta; Writer: Sachin Bhowmick, Ramesh Pant; Producer: Shakti Samanta; Cinematographer: Aloke Dasgupta; Editor: Govind Dalwadi; Cast: Rajesh Khanna, Sharmila Tagore, Sujit Kumar, Pahadi Sanyal, Anita Dutt, Abhi Bhattacharya, Madan Puri, Asit Sen, Subhash Ghai, Farida Jalal
Duration: 02:38:58; Aspect Ratio: 1.333:1; Hue: 283.151; Saturation: 0.046; Lightness: 0.384; Volume: 0.391; Cuts per Minute: 13.361; Words per Minute: 64.031
Summary: The musical romance about non-family- sanctioned sex that established Khanna as a major star backed by the singing voice of Kishore Kumar and Burman's music. The film helped set the pattern for 70s entertainment cinema. Arun (Khanna), an Air Force officer, secretly marries Vandana (Tagore) who bears him a son. Arun dies in an air crash. Vandana is rejected by Arun's family as his legal wife. To safeguard her son's honour, she decides to let him be adopted by a childless couple while making sure she is responsible for raising the child by becoming his nanny. She devotes the rest of her life to raising her son to become an air force pilot like his father. Khanna plays both father and son. Remembered mainly for its music with e.g. Mere sapnon ki rani and Kora Kaagaz. The film's best-known song, Roop tera mastana (sung by Kishore Kumar), was picturised in a single 4' take deploying the conventional cloudburst as a metaphor for sex as the drenched heroine, clad only in a blanket, succumbs to the hero's advances after a sexual encounter in the next room has been shown in silhouette. This sequence was for years presented to students of Indian film schools as the definitive example of mise en scene.
Song: O mere sapno ki raani kab aayegi tu
Song: Kora kaagaz tha yeh man mera
Song: Gunguna rahe hain bhanware
Song: Roop tera mastana
Song: Safal hogi teri aradhana
Song: Chandaa hai tu
Song: Baaghon mein bahaar hai
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text:
Best of Blogs for May 2013: Mythbusters, fracking, and food advertising oh my!
By David Wogan on June 5, 2013
The Best of the Blogs video is here for May 2013. Scientific American's Carin Bondar runs through some of the top posts in May from advertising in the food industry, Mythbusters, and fear-mongering and fracking (by yours truly).
Many thanks to Carin for showcasing some great work on the blog network – and thanks to you for reading!
https://www.youtube.com/watch?feature=player_embedded&v=EWtLsLFPltU
David Wogan is an engineer and policy researcher who writes about energy, technology, and policy.
David's academic and professional background includes a unique blend of technology and policy in the field of energy systems. Most recently, David worked at Austin Energy, a Texas municipal utility, implementing a Department of Energy stimulus grant related to energy efficiency. Previously, David was a member of the Energy & Climate Change team at the White House Council on Environmental Quality for the Obama Administration.
David holds two Master's degrees from The University of Texas at Austin in Mechanical Engineering and Public Affairs. While at UT, David was a researcher in the Webber Energy Group, where his research focused on advanced biofuel production to offset petroleum use in the transportation sector. David holds a Bachelor's of Science degree in Mechanical Engineering from The University of Texas at Austin, where he researched nuclear non-proliferation measurement technology.
David is a 2013 Aspen Institute Journalism Scholar, joining a select group of journalists from Slate, ABC News, and The New York Times.
David lives in Austin, Texas. Follow along on Twitter or email him at david.wogan@me.com. Follow David Wogan on Twitter
Recent Articles by David Wogan
Rethinking environmental folklore
George Bush Presidential Library opens offshore drilling exhibit
What economists say about carbon pricing
2013 National Clean Energy Business Plan Competition Highlights Technology Innovation
By Melissa C. Lott on June 5, 2013


In addition to being the host of the BeDFRNT Podcast, Brad Redford is an aspiring rapper. After reading through Rick Pitino's most recent book, he was compelled to write a review through music. This song takes you on a journey of joy, happiness, and pain. Rick Pitino will forever be remembered in the basketball world and Brad wanted to ensure that he offered some thoughts of his own.


In hot pursuit of notorious outlaws Bonnie and Clyde, your posse ducks into their last known whereabouts: a jazz club in Hell's Half Acre, Fort Worth's thriving gambling district. Explore all the secrets of the speakeasy rumored to be owned by the local mafia and track down Bonnie and Clyde before they give you the slip.
This adventure contains potential PTSD triggers.
This adventure requires the use of stairs and is NOT wheelchair accessible.
Reviews of escape game "The Mafia Adventure"


Previous webpage: 74. Next webpage: 76.
This is the 75. Chapter of "The Man-Made Church"
I now bring two documents and ask the reader to read them and to keep the title of the webpage, of this chapter, "Making the power out of God ineffective", in mind and to seek to recognize the connection.
Neutrinos race to a great extent undisturbed through the universe, because they almost do not interact with normal matter. But only almost. Our earth of all places is an efficient neutrino killer, as an experiment proves.
"Straight Outta Compton"? Who with the name IceCube first thinks of the California rap prehistoric rock and the crew N.W.A., does wrong to one of the most fascinating scientific experiments of the world. That is called exactly the same name and is housed at the American Amundsen Scott Research Station at the South Pole. To be exact, it is not at the station – but under it.
Exactly 5160 highly sensible sensors the researchers for "IceCube" have lowered to two and a half kilometre deep into the Antarctic underground. Their task: They are to investigate one cubic kilometre ice – and look for the smallest blue lightning flashes. It is about the so-called Cerenkov radiation. The fine glow originates when neutrinos collide with the water molecules of ice and start a cascade of particle decays.
That happens though rather rarely, a few thousand times per year. At the same time something between 60 and 100 billion of the almost fast as light spirit particles pelt down on every square centimetre of the earth per second. They come from supernova explosions or gamma ray bursts in the deeps of the universe, out of the sun and – frequently – also out of decay processes in the atmosphere of the earth, of which cosmic radiation is to be blamed for.
The problem: Neutrinos are electrically neutral and only have a very little mass – for the cognition that they have one at all, there was the 2015 physics Nobel prize. All together they have little endeavours to get into contact with matter as we know them. For that the particles let themselves be called "autists of the microcosm". For that reason "IceCube" must look exactly to discover neutrinos at all.
Now researchers have though made an astonishing discovery with the detector: This week the "IceCube Collaboration" has reported in the specialist magazine "Nature" that our earth stops considerable numbers of neutrinos from the deeps of the universe. Although the particles are indeed actually hardly stoppable.
What is going on? All together 10,800 collisions in the ice were analysed and evaluated. They come from a set of data, which was already collected between May 2010 and May 2011. On their way through the cosmos the neutrinos also raced through the whole earth, before they still left a trace at the South Pole – because they had collided with the water molecules in the "IceCube" surroundings.
The fascinating thing there: To a crash it came above all with particularly fast particles from the depth of the universe. With these an interaction with matter is more probable, so says the Standard Model of particle physics. Although the connection was up to now only proven for neutrinos with low acceleration.
With the analysis and evaluation of the gathered data the researchers looked exactly from where the high energetic neutrinos reached the detector. On that occasion it was shown that it were from that direction the least, from where the particles had to travel on their way across the whole earth – because, so the conclusion of the researchers, many particles were comparatively slowed down on this route.
So as the Standard Model also suggests it.
"We had of course hoped that we would see a kind of new physics", says Francis Halzen of the University of Wisconsin Madison, head of the "IceCube" collaboration. "But unfortunately we have seen that the Standard Model, as usually, passes the test."
"The high energetic neutrinos made so visible by 'IceCube' push forward to a completely new range, which cannot be reached with acceleration experiments", praises Manfred Lindner, director of the Max Planck Institute for Nuclear Physics in Heidelberg in the conversation with the SPIEGEL. The good agreement found with the standard theory is a "very important test", so the researcher, who did not take part in the present study.
For him the results are above all interesting that they exclude "new physics, which would have to show itself in this range". As example Lindner cited the so-called lepto quarks, speculative elementary particles, which in some models find use beyond the Standard Model.
The scientists so to speak succeeded making our planet to a gigantic neutrino detector. In future this could also be interesting for example for geo researchers. They hope getting new information about the interior of the earth with the help of neutrinos - for example about how and where exactly the radioactive decay of the elements uranium and thorium produces the heat for the volcanism in our planet.
But the data from the current experiment were still not enough for this, it is said.
Cognition in earth life or after arrival in the hereafter.
10. December 1949. B.D. NR. 4795.
Progressive cognition is the success of a way of life according to my will. But the state of knowledge of a man does not always need to make itself be noticed; but the soul has the wealth of knowledge in itself, of which it only becomes aware of after the demise of the man, so that it can therefore enter the kingdom of light in a high degree of cognition, although it was inexperienced as man on earth. But then man does not need this knowledge, because he also made an effort without it to lead a life pleasing to God, and his love life has therefore earned him a rich treasure, with which the soul can work in the spiritual kingdom and is happy. Men however, who seek truth, who want to enrich their knowledge and unconsciously or as a result of my will revealed to them are active in love, will receive a knowledge sent to them, which changes their initial ignorance; they constantly increase in knowledge, until everything is clear and comprehensible to them what moves them spiritually. But these can already work on earth with their knowledge; they can give light; they can pass on their knowledge and bring brightness, where there is still deepest darkness. They can be leaders for their fellowmen and will have reached a high degree of light already at their arrival in the hereafter, which places them in the position to carry out an activity that makes happy and to help erroneous souls in the hereafter in their trouble. Because ignorance is a state of trouble, as darkness is always an unfortunate state for a being, which has stood in light initially at the origin. Ignorance is the result of the defection from me, because the spiritual withdrew itself from my love circuit through its going away from me and this means complete spiritual darkness, which the being feels as agony in the spiritual kingdom. On earth it can easily place itself in a state of light, because busy love activity results in the sending of brightest light, but free will belongs to it, which mostly fails, because the being still stands too much in self-love and because of that makes the power out of God ineffective, which expresses itself in the brightness of the spirit, therefore in a state of cognition. Love is always the indispensible, that man reaches cognition; love must always be awakened in man, before he becomes knowing, and love will always earn him a degree of light, although he himself does not become aware of it in earth life. But like lightning he arrives at the cognition at the arrival in the spiritual kingdom, where error then no longer exists for him, because he recognizes error immediately and detests it. Because light is happiness, and darkness is agony. But darkness can be broken through, and also many beings of darkness can change, when they follow a ray of light and also turn their will to love work, to which they always have opportunity, as on earth, so also in the spiritual kingdom. Amen. B.D. NR. 4795.
Our title of this chapter is "making the power out of God ineffective" and it appears in this second document and it is the reason why I have brought the first document here, because it, the first document, give us an idea, how we can imagine this power to be.
I now want to first of all say something to the first document.
They come from supernova explosions or gamma ray bursts in the deeps of the universe, out of the sun and – frequently – also out of decay processes in the atmosphere of the earth, of which cosmic radiation is to be blamed for.
Here we have a nice example of a creed of a member of a church, to which the Spiegel and also Christoph Seidler belong. It is the church of the atheists and of the materialists. They do not like it at all when one describes them as people, who belong to faith community. That is extremely embarrassing to them, when they have to defend themselves against this; that they are exactly the same way believers, as those, who they denigrate as such.
They believe that neutrinos come from supernova explosions or gamma ray bursts.
And now exactly this IceCube experiment has proven the opposite.
But since they are believers, believers of a sect, everything will be put on the Index, what speaks against their faith and it is not allowed to emerge in their thoughts.
A team of researchers with the IceCube collaboration have failed to come up with evidence to prove that neutrinos come from, or are caused by, gamma ray bursts, (cosmic explosions) after a year of study.
That model is apparently in trouble.
They determined that no current GRB model is able to match the observed flux, meaning either that GRBs are not the primary source of high-energy cosmic rays, or that the model for GRB neutrino production is incorrect.
The IceCube detectors pick up this Cerenkov radiation. By tracing when and where it appears in the detectors, the researchers can determine the direction and energy of the neutrinos passing through. IceCube is sensitive to extremely high-energy events, and can determine the point of origin of a neutrino to about 0.6°, an angle slightly larger than the full Moon. While this may seem a bit lacking in accuracy, it's possible to combine this data with GRB detectors and other observations to determine if the neutrinos come from the same events, or if they must originate from other sources.
The implications of this result are striking. If the fireball model is correct in its predictions for neutrino production, then there must be some unknown source for very high energy cosmic rays.
Cosmic rays - high energy particles that bombard the Earth from beyond our solar system - were discovered 100 years ago. However, their origin remains one of the most enduring mysteries in physics.
A search for neutrinos emitted from 300 gamma ray bursts, unexpectedly found none!
The unexpected absence of neutrinos from GRBs has forced a re-evaluation of the theory for production of cosmic rays and neutrinos in a GRB fireball and possibly the theory that high energy cosmic rays are generated in fireballs.
In the new study, the IceCube team compared data from April 5, 2008, through May 20, 2009, when the detector was only half complete, to 117 gamma-ray bursts detected in the Northern Hemisphere during that time.
Nothing happened. Following each of the gamma-ray bursts, it took more than half an hour for any neutrinos to arrive.
It's been the defining question of high-energy astrophysics for the past century: where do cosmic rays come from?
In the year 2012, therefore more than five years before the article of the Spiegel from the year 2017, the experiment IceCube had failed and now the scientists apparently try to justify their major project and the major expenses and carry on and try to impress the world, but much news does not seem to be there.
And where everything really comes from, that is known for a long time and is documented, but that a real believer is of course not allowed to read, that is verboten. The man-made church called science does not permit this.
The Spiegel says about neutrinos: They come from supernova explosions or gamma ray bursts. What other faith comrades have already ruled out more than 5 years ago, that the Spiegel still believingly repeats parrot-fashion.
That is therefore a nice creed, but also nothing more.
The Spiegel says about neutrinos: They come ... out of the sun.
That was on the 26.11.2017.
On the 23.11.2017, therefore three days before, Nature brings the news that lightning is a natural particle accelerator: Photonuclear reactions triggered by lightning discharge.
Flash of lightning triggers nuclear reactions, where positrons are produced : As particularly exciting phase three proved to be: With the decay of the instable nitrogen 13 isotope to carbon, a proton of the atomic nucleus changes through the beta decay into a neutron. On that occasion, next to a neutrino, also the antimatter equivalent of the electron is released: a positron.
First proof of lightning induced nuclear reaction in the air : But the third phase is exciting: In it the unstable nitrogen 13 isotope decays to carbon, by one proton of the atomic nucleus changing to one neutron through beta decay, as the researchers report. On that occasion, next to a neutrino, also the antimatter equivalent of the electron is released: one positron.
Particle accelerator in clouds: The unstable N 13 has in the meantime decayed to carbon 13 and has thereby released a neutrino and a positron.
Light and electromagnetic radiation comes from lightning.
And the light of the sun and electromagnetic radiation do not come out of the sun, but from lightning at the edge of the atmosphere of the sun.
Short bright light lightning, which covers the whole surface of the sun .
And where they really come from, is still another thing.
There are many universes, but one basic universe, and there the neutrinos probably come from, directly from the creator.
So one can relatively easily imagine the neutrinos.
Und so one can imagine the power out of God.
And now to that, what Bertha Dudde received from the spiritual kingdom.
Ignorance is the result of the defection from me, because the spiritual withdrew itself from my love circuit through its going away from me and this means complete spiritual darkness, which the being feels as agony in the spiritual kingdom. On earth it can easily place itself in a state of light, because busy love activity results in the sending of brightest light, but free will belongs to it, which mostly fails, because the being still stands too much in self-love and because of that makes the power out of God ineffective, which expresses itself in the brightness of the spirit, therefore in a state of cognition. Love is always the indispensible, that man reaches cognition; love must always be awakened in man, before he becomes knowing, and love will always earn him a degree of light, although he himself does not become aware of it in earth life.
Distance from God has very little to do with physical distance, but only with spiritual distance.
And circuit has something to do with electricity.
And the difference between electrical current in the scientific sense and in the spiritual sense is probably equal to zero.
And the difference of light in the spiritual sense and in the physical sense is probably not very much.
The decisive thing is free will.
That is what matters, how one uses the will.
The power out of God is there, it is decisive whether one uses it or not.
The power for the normal life we all receive, but the additional power, to precisely reach the aim in life, the liberation from matter, that one has to haul in, and that happens with the will.
Intention is in great demand there, the magic word in magic, in white magic and in black magic.
A certain amount of energy one has to really summon; one has to summon the will and when after that also action follows, then it is even better.
And the act is busy love activity.
When I therefore do this busy love activity, carry it out, then I catch these neutrinos, which precisely bring this additional energy.
When I do not do this, then they simply rush past and through me.
Because the being still stands too much in self-love and because of that makes the power out of God ineffective.
The following messages coming from Bertha Dudde, and extracts from them, bring information about this power and there the difference between life power and spiritual power is explained. Live power therefore everyone receives, with spiritual power something must be undertaken. And when you now read the following, please pay attention to those passages, which remind one of the description of neutrinos.
Out of God the power flows to every work of creation so that it can work in service, no matter what way, and . . .
Even the most solid form is stimulated to activity through influence from outside, which is connected with the light radiation – therefore the work of light bearers, although this is not recognizable to the human eye.
And there is still a state of lifelessness, and that is in that stage as man. In that stage the greatest extent of life power flows towards the being, which it is supposed to use for a serving activity.
When he disregards work in love – that activity for which execution God lets the life power flow towards man.
But to be spiritually dead is the most terrible thing, because the last favour, which is at the disposal of the being, is been left unused – because the life current, which God supplies to this being, is not used for serving activity and the being remains on the same level of development on which it stood at the start of the embodiment as man.
The smallest resistance decreases the effect of the power radiation out of God, because the fullest will is necessary to be able to receive a gift of God, otherwise the supply of power would be given to the being against its will and would mean an ascent development under compulsion. Only the life-force which is necessary for the sustenance is given to every man also without his will, but for ascent development he can also leave this life-power unused, and he therefore has to first let his will become active for making use of this life-power brought to him.
The radiation of power out of God is a supply of divine love, therefore an act of favour, provided receptivity and willingness, because the radiation of love out of God can only be given to those who prove worthy of the love of God, desire it and therefore open the heart for the divine current of love.
The will in man must have become busy to stand in connection with me, then the connection with me is already established through this will insofar as that my power in form of right thoughts flows over to man and he now always pushes towards me more eagerly. And these thoughts are already transmissions out of the spiritual kingdom; these thoughts are beneficial for the soul, and through these thoughts also my will is revealed, and you will then fulfil that what I mentally demand of you, because you recognize that this is my will.
And the commandment of love will always sound in you; always you will hear my voice, which prompts you to love work, and when you follow this voice, you connect yourselves always more intimately with me, and you also hear my voice more and more clear; your thoughts are clear and ordered; your knowledge increases; you stand in truth and your soul matures.
Earthly or spiritual expression of power.
25. and 26. May 1944. B.D. NR. 3133.
Full believingly you are allowed to accept every single announcement because they are purest truth, because God himself sends them to you. And when something appears incomprehensible to you then present it to him who will not leave you without answer. And his spiritual assistants are always prepared to enlighten you where there is still darkness in you because God's will is to make you knowing, and God's will is always fulfilled by those light beings – light beings are receivers and suppliers of the power out of God – their activity consists of filling everything without power with the power out of God when these turn to God out of free will. But this power will always have a spiritual effect, and that is why this power will not become visible so obviously that it is recognizable to man who stands far away from the spiritual. The spiritual beings, who only fulfil the instructions of God, will always order the intellectual activity of men who turn to God himself in the desire for truth. This is the spiritual work of these beings, and this work is always successful when men do not put up resistance to it. But resistance exists then when man is either indifferent towards truth or desires such under eliminating the eternal divinity, therefore seeks to penetrate truth purely intellectually. Then those beings cannot approach him because he is surrounded by beings of darkness who want to guide him in erroneous thinking and therefore find welcome reception for their mental insinuations. Because against their will, therefore without willingness to receive, men will not be instructed by light beings, otherwise it would be an inevitable development. Therefore the dark beings can also have a mental effect upon men, but can never execute a spiritual process, which requires power, which therefore is also visible to men – by something coming into being what was not there before and goes beyond the natural ability of man. It is different with the execution of activities, which as such lie in the field of human ability and only require more or less bodily strength. These are carried out with the life power flowing towards man, which can also be increased through his willingness for those activities. This life power is also imparted to him through spiritual beings according to his willingness for good or evil. Without interruption light beings have power out of God at their disposal, which they receive all the time and pass on, as also the dark beings receive such from their progenitor, who receives his power from God, but uses it for God-opposing work. The attitude towards God or towards his opponent is determining from where power flows towards man, as also human will now uses it for good or evil acts. An expression of power can affect natural or supernatural accomplishments; but it will always have to be described as life power because in every case these acts are carried out by men, where a certain ability is typical of them and which is just considerably increased through the supply of power. The process of a transmission of spiritual thought material in such a form that the results are also visible to other men, therefore audible, is however insofar to be evaluated differently, as it is about a pure spiritual power radiation, which contributes neither to a conservation of bodily life nor for the increase of body power, but promotes only the ascent development of the soul. And such a power transmission can only take place on the part of those beings, who are themselves power receivers out of God. But the beings of darkness lack spiritual power, and that is why they cannot hand out such, and even much less can they cause man to an activity, which requires spiritual power – that something comes into being, to which man without spiritual power supply is not able. Because then every man would have to be able to make writings without any means of help and at the same time about the same subjects, even when differing of each other, as the powers of darkness would have the same power at their disposal to instruct men. They use the strength which is at the disposal of these powers for works of unkindness and of hate, but error they seek to spread through mental influencing, however also only there where the will of man is turned towards evil. And that is why a transmission of power in this form, where spiritual knowledge is imparted to men, is always to be addressed as work of spiritual powers who stand in the light, therefore are light and power receivers out of God, and therefore allowed as instructing powers, i.e. are directed by God to bring light among men and to spread wisdom, therefore truth out of God. The opponent of God will certainly spare no means to supply lies and error to men, but he uses worldly minded and material thinking men, and he also influences them in pure worldly and material ways so that they pursue all other aims than spiritual ones; and those recognize neither error and lie nor desire they truth. They are inclined towards the mental insinuations of bad powers, and they are now active out of their own will spreading them, by using their human abilities to impart erring teachings to fellowmen in word and script. But these impartations do not reveal any extraordinary things; one cannot talk of extraordinary work and supernatural power, which however spiritual writings certainly reveal. Amen. B.D. NR. 3133.
It continuously gets power on earth, as long as it lives, i.e., life in itself is already a process of power transmission, which is recognizable by the possibility of execution of its earthly activity. Without power the being, which is now embodied in man, would be able to achieve nothing. Therefore he can continually be active during his earth life, and that is executing every act according to his will, as far as this lies in the area of possibility.
My power radiation streams uninterruptedly into infinity, having an effect there, where a container is found for receiving, and every heart of man is particularly to be seen as receiving container, which is of a mind turned towards me. A thought towards me also automatically attracts my power, because I open my heart to every one of my creatures, which does not resist me. And in this lies your strength, the guarantee of continuous help through power supply from me that you just open yourselves towards me, that you just turn your thoughts towards me in the desire to obtain power from me, and it will fill you according to your desire.
Without connection with me this is not possible; your heart must open towards me voluntarily, otherwise you remain untouched of my power radiation, though the whole infinity is filled with it.
Body power (Life power) Increase through spiritual power.
27. May 1948. B.D. NR. 4314.
You cannot go beyond the limits of your work without spiritual power supply. A limit is set for you humanly, i.e., the body is only enabled for the carrying out of the will in accordance with its biological composition, therefore the ability and the achievements of a man are always based on the divine law of nature. This however is not valid for that man, who does not desire divine power supply, therefore does not requests it – his strength is limited. Differently it is with those, who are in contact with the spiritual kingdom, who are at any time allowed to request and accept power in accordance with their will and their closeness to God. These abolish the limits of work through the connection with God; they are so to speak not subject to the laws of nature, but stand above them, because it is God's will. They can achieve everything – but that they do not achieve it despite these quoted prerequisites has its cause in faith weakness, and that is why the proof can be produced so rarely that man can do everything despite his bodily power limit. He lacks faith, and so he imposes limits on himself, where he could exceed them. He therefore certainly has the will, but not the faith; but without faith the extraordinary power cannot be supplied to him, because he is not allowed to be forced to faith. A difference must be made between bodily and spiritual power. Former is the life power, which every man has at his disposal, even so differently, and which is a particular gift of favour in the last embodiment on earth. Man now pays attention to only the natural power and does not think about how he could increase it, but he comes to terms with it that it decreases or increases according to age or health. But at any time he can increase this life power through spiritual power, which is not supplied arbitrarily to man, but is received only after fulfilling certain preconditions. This spiritual power is at the disposal of man unmeasured, but must be requested, therefore asked. But this can only happen in faith that it is both possible as also secure through God's love, and a prayer never gets through to him in vain. Only then man requests the spiritual power the right way, and he will be able to have it at his disposal unlimitedly. Man must imagine that he as tiny little part of eternal divinity is also partaking of his might and power, as soon as he does not live in resistance, but in harmony with God. And this certainty will also let him believe that every measure of power will also be supplied to him, which he now can use according to his will. There is only a restriction of creation for those men, who live outside of God, because only the body power is at their disposal. But who lives in and with God, he will be able to accomplish things, which go beyond human ability, as soon as he believes firmly and unshakably. Amen. B.D. NR. 4314.
Love is divine principle, therefore originally actually the epitome of divinity; it is something not to be defined; it is the nature and quality of God; it is the great power unexplainable to men, which let everything come into being, because it has a creative and stimulating effect. It is therefore the original nature of God; it is something radiating out of God, which finds itself again in all his creations and is to particularly come into full effect in man. Right love pulls upwards; it seeks the union with eternal love, the original spring of life and all power.
That love, which turns towards earthly things, which are therefore still to be seen as matter, is not power giving, but power robbing, and since man has no supply of spiritual power, he uses the life power, to gain that, what his wrongly directed love desires. He therefore wins nothing, but loses, because that, what he gains for himself, is passing and he loses the immortal values, which he is to create with his life power.
Life Power - Spirit Power.
10. December 1951. B.D. NR. 5269.
Never rely on your own power. You well have to let your will be active yourself; you are not allowed to remain inactive and wait for help but what you do you always have to tackle together with me; you have to ask for my help and my blessing for it and you will succeed. You well have life power that entitles and enables you to be quite active. But my will is above all and you cannot force this one; but I am often compelled to put up a resistance to your will when this is to the welfare of your soul. And that is why also failures, lack of success of projects and ineffectiveness are included in the destiny of your life and you cannot keep them away from you by your own strength. Then also the life power is not of much use to you; then you often recognize how little you can do out of your own strength. All setbacks, all wasted performances, all fainting are always indications to turn to the giver of strength from eternity, to implore him for his blessings and to ask him for an increase of strength and good success for every activity by recognizing your own inadequacy. You are not to forget me; that is why I often have to let you come into situations where your own strength cannot succeed; I have to show you that all your efforts are unsuccessful when I am not giving my blessing to them, but you have to first ask for it to not forget me. The co-operation with me guarantees success; but if you keep away from me then your efforts are much more strenuous and even then often still without success. You can also force success but then only with the support of the power from below that will always take care of you when you exchange your soul for it. Then you can be mighty on earth; then you will succeed in everything; then you can dumbfound your fellow human beings with works of supernatural kind - but always by forfeiting of freedom because then you are bound and completely under his, Satan's, control. Do not desire this power from below, even when it promises you a charming life on earth. Come to me in tender prayer and call on me for strength and favour and then you win truly more than my opponent can offer. But you then do not take possession of worldly goods but I then bless every worldly beginning that you undertake but I bless you spiritually as well, i.e. through close unity with me I can supply you with spiritual power that is far more valuable than your life power because to work with spiritual power will always be successful even when not always recognized by you. Never inactivate me whatever you begin because I always want to be your advisor, guide and help who directs everything for the best of your souls. Amen. B.D. NR. 5269.
There is a broad field of energy which for convenience is called (M). It is virtually unrecognized in our contemporary civilization. It is the only energy field common to and operational both within and outside time-space and is present in varying degrees in all physical matter. Because of the tendency of (M) to accumulate in living organisms, LIFE — or Layered Intelligence-Forming Energy — is a useful acronym for one band of the (M) Field spectrum.
In the Earth Life System, (M) is present in greater concentration, ranging from "inert" matter through microorganisms to Human Minds. The variance and spectrum of (M) radiation is extremely wide by local standards, yet is only a small notch in the total breadth of the (M) Field.
All living organisms use (M) to communicate. Animals are more aware of (M) radiation than humans, who, with few exceptions, have no awareness of it at all.
Humans, with few exceptions, have no awareness at all of the all-embracing field of energy, because they make the power out of God ineffective.
This is the end of "Making the power out of God ineffective"


THE JAVA JAZZ FESTIVAL in JAKARTA is always one of my highlights in the year. The festival gives me the opportunity to combine my two main passions, Music and Art, or should I say Jazz and Art. I am attending the Festival since five years in a row and every year brings some great musicians on the plenty stages.
It is one of the most intense weekends that you possibly could have if you are a Jazz Fan. A great feature is the stay in the official Hotel Borobudur, where I join the musicians for the after show jam sessions until dawn.
The past weeks I have worked on the photos I took during the past five Java Jazz editions and would like to present a few works. As most other photographers at the festival I'm not interest in stage or musician shots but more to capture the audience and the movement of the audience. The light settings makes it perfect for me to turn the spectators into blurred silhouettes and abstract figures.
Back in my studio I have added my own reflections to each image, reworking it with paint and texture. I'm looking forward for the next JAVA JAZZ.