Athens County Court of Common Pleas, Ohio Service and Proof of Service Rules

CRITICAL

When the specified pleadings or a Court Order, Rule, or service instructions require paper copies, the Clerk must produce the service copies instead of requiring the parties to furnish them.

When serving a pleading as outlined in Section (a) above, or if directed by Court Order, Rule or service instructions to serve paper copies of any other court documents, the Clerk shall cause service copies to be produced in lieu of service copies being furnished by the parties.

CRITICAL

The Court of Appeals will not consider a document unless proof of service is endorsed on it or filed separately.

The Court of Appeals cannot consider a document unless proof of service is endorsed on the document or filed separately.

CRITICAL

Service

Mail

The filing party must serve a paper copy on each nonregistered user under the applicable Court rules and, once the document is accepted for e-filing, print and mail it to that user's last known address.

A party who is not a registered user of the e-Filing System is entitled to a paper copy of an electronically filed document. The filing party shall serve the non-registered user with the document in accordance with the applicable rules of the Court. Upon notification that its document has been accepted for e-Filing, the filing party shall print out a copy of the e-Filed document and mail it to the non-registered user at said user's last known address.

CRITICAL

The appellee may serve the appellant with a designation of additional transcript portions within 10 days of the appellant’s statement.

If the appellee considers a transcript of other parts of the proceedings necessary, it may, within 10 days of the appellant’s statement, file and serve the appellant a designation of additional parts to be included.

CRITICAL

Service

Court service to opposing party

When filing a pleading or motion for service by the Clerk of Courts, the filer must provide the clerk with a true copy for each party-defendant along with the original.

Upon the filing of a pleading or motion to be served by the Clerk of Courts, the person filing the same shall submit to the clerk, along with the original, a true copy thereof for each party-defendant for service according to law.

CRITICAL

Copies of objections must be provided to the opposing party and the Court.

Copies of objections must be provided to the opposing party and the Court.

CRITICAL

Service

Court service

The Clerk must serve the petitioner with written notice of the Court's decision and judgment entry.

The Clerk shall serve a written notice on the Petitioner of the Court's Decision and Judgement Entry.

CRITICAL

In a divorce proceeding, each party must disclose the specified information and documents to the other party within 28 days after an answer or counterclaim is filed.

(A) In a divorce proceeding each party has the affirmative duty, within twenty-eight (28) days of the filing of an answer or counterclaim, to disclose to the other party the following information and documents:

CRITICAL

Copies of the R.C. 3109.27 affidavit must be served on the opposing party as required by the Rules of Civil Procedure.

In all domestic actions involving allocation of parental rights and responsibilities, shared parenting or visitation, both parties shall file an affidavit complying with R.C. Section 3109.27, copies of which shall be served on the opposing party as required by the Rules of Civil Procedure.

CRITICAL

Applies to

Proposed order or final judgment entry

The party who submitted a proposed order or entry must serve the signed, e-filed order or final judgment entry, while the Clerk serves the Civ.R. 58(B) judgment notice and notes that service on the docket.

Notwithstanding the provisions in paragraph 4 above, which pertain to the service of a copy of a proposed order or entry once it has been signed by the judge and e-filed, including the service of a copy of a final judgment entry, which is the responsibility of the party who submitted the proposed order/entry, the Clerk of Courts has been and shall continue to be responsible for the service of a notice of a judgment pursuant to Civ.R. 58(B) and the appropriate notation of that service on the docket.

CRITICAL

Service

Electronic service

E-service does not replace the methods of service prescribed for pleadings by the applicable Rules of Procedure.

E-Service shall not replace the methods of service of pleadings prescribed in the applicable Rules of Procedure.

CRITICAL

Service

Electronic service to all parties

An electronic notice through the e-Filing System constitutes service on the party to whom the notice is sent under the applicable Court rules.

This electronic notice through the e-Filing System shall constitute service of that document upon that party in accordance with the applicable rules of the Court.

CRITICAL

Service

Electronic service to all parties

The Court must electronically serve Court-created documents in e-File cases, but must serve paper copies on pro se litigants and parties who are not registered system users.

In all e-File case types, the Court shall issue, file and serve all notices, decisions, orders and other documents that are created by the Court electronically, through the Court's e-Filing System, subject to the applicable provisions in the Court's local rules. The Court shall serve pro se litigants and parties who are not registered users of the Court's e-Filing System with paper copies of all notices, decisions, orders and other documents that are created by the Court.

CRITICAL

Applies to

Notice of appeal

Service

Mail to opposing party

The notice of appeal form certifies service on plaintiff’s counsel by ordinary United States mail.

I, C.D., certify that this notice of appeal was sent by ordinary United States mail to , Counsel for Plaintiff, at , on .

CRITICAL

If the appellant does not order a complete transcript, it must serve the appellee with a statement of your assignments of error at the time of filing the notice of appeal.

If the appellant does not order a complete transcript, it must serve the appellee with a statement of your assignments of error at the time of filing the notice of appeal.

CRITICAL

Documents must be provided to opposing counsel at least 14 days before the hearing.

Documents shall be provided to opposing counsel at least 14 days before hearing.

CRITICAL

Service

Court service

When paper service copies are required for a pleading described in Section A or directed for another court document, the Clerk must produce them instead of requiring the parties to furnish them.

When serving a pleading as outlined in Section A above, or if directed by Court Order, Rule or service instructions to serve paper copies of any other court documents, the Clerk shall cause service copies to be produced in lieu of service copies being furnished by the parties.

CRITICAL

Applies to

Complaint or third party complaint

When electronically submitting a Complaint or Third-Party Complaint, the filing party must request service through the e-Filing System; the Clerk processes the requested method, and e-Service does not replace service methods required by the applicable rules.

When submitting any Complaint or Third-Party Complaint for electronic filing, the filing party shall also request service through the e-Filing System in accordance with the Ohio Rules of Civil Procedure. The Clerk shall issue a summons and process the method of service requested in accordance with the applicable Rules of Procedure. E-Service shall not replace the methods of service of pleadings prescribed in the applicable Rules of Procedure.

CRITICAL

An attorney may withdraw only with court leave on a motion served on all parties of record and upon a showing of good cause.

An attorney may withdraw from a case only with leave of court upon motion, served upon all parties of record, and for good cause shown.

CRITICAL

Service

Electronic service to all parties

Registered users must check the e-Filing System notifications page, not rely only on courtesy emails, and ensure those emails are not blocked by spam filters.

It is the responsibility of the registered user to check his/her notifications page in the e-Filing System for notices pertaining to recent filings, and to not rely solely on the courtesy e-mails delivered to the user's designated e-Filing e-mail account. It is also the responsibility of the registered user to ensure the courtesy e-mails with notices of electronic filings are not blocked by the spam filter of his/her designated e-Filing e-mail account.

CRITICAL

Service

Electronic service to all parties

In an e-File case, the filing party must serve all other parties, serving registered users electronically through the Court's authorized system, subject to the exceptions in Section A.

Subject to the exceptions noted in Section A below, it shall be the responsibility of the filing party to serve all filings on all other parties in an e-File case. The filing party shall make service upon all other registered users of the e-Filing System electronically via the Court's authorized e- Filing System. Parties, or their designated counsel, shall receive all documents electronically filed and electronically served upon them via access to the e-Filing System.

CRITICAL

Service

Mail

The filing party must print and mail an e-filed document to a non-registered user at that user's last known address.

fore-Filing, the filing party shall print out a copy of the e-Filed document and mail it to the non-registered user at said user's last known address.

CRITICAL

The Court must serve paper copies of court-created documents on pro se litigants and parties who are not registered e-Filing System users.

The Court shall serve pro se litigants and parties who are not registered users of the Court's e-Filing System with paper copies of all notices, decisions, orders and other documents that are created by the Court.

CRITICAL

Service on a party or attorney must comply with Civ.R. 5(B) and Civ.R. 5(D).

Service upon a party or an attorney shall be made in accordance with Civ.R. 5(B) and Civ.R. 5(D).

CRITICAL

Service of a paper copy on a non-registered user is complete on the date stated in the attached Certificate of Service, which is the date the document was submitted to the e-Filing System.

Service of a paper copy of an electronically filed document on a nonregistered user shall be deemed complete on the date set forth on the Certificate of Service attached to said document, i.e., the date on which the attached document was submitted to the e-Filing System for e-Filing.

CRITICAL

Service

Mail to all parties

A filer who brings a document to the Clerk for scanning and uploading must serve nonregistered parties with paper copies and print and mail the e-filed document to them.

A filer who brings a document to the Clerk's office for scanning and uploading to the e-Filing System shall serve paper copies on all non- registered parties in the case. Such a filer will have to print out (via the Clerk's print services and at a rate set by the Clerk, or via any other computing and/or print station) a copy of the e-Filed document and mail it to the non-registered parties.

CRITICAL

Serve the transcript designation and proposed assignments of error on the appellee.

You must serve both the designation and proposed assignments of error upon the appellee.

CRITICAL

Applies to

Electronically filed document

Service of a paper copy on a non-registered user is complete on the date stated in the attached Certificate of Service, which is the date the document was submitted for e-filing.

Service of a paper copy of an electronically filed document on a nonregistered user shall be deemed complete on the date set forth on the Certificate of Service attached to said document, i.e., the date on which the attached document was submitted to the e-Filing System for e-Filing.

CRITICAL

Service

Mail

A filer who brings a document to the Clerk for scanning and uploading must serve paper copies on all non-registered parties.

A filer who brings a document to the Clerk's office for scanning and uploading to the e-Filing System shall serve paper copies on all non- registered parties in the case.

CRITICAL

Applies to

Docket statement

The docket statement must be served when the notice of appeal is filed.

Counsel for the appellant, or the appellant if pro se, must complete, serve, and file this docket statement at the time of filing the notice of appeal.

CRITICAL

A nonregistered party is entitled to a paper copy of an electronically filed document, which the filing party must serve under the applicable Court rules.

A party who is not a registered user of the e-Filing System is entitled to a paper copy of an electronically filed document. The filing party shall serve the nonregistered party with the document in accordance with the applicable rules of the Court.

CRITICAL

For objections involving the Child Support Enforcement Agency, a copy must also be provided to the Agency.

If the objection relates to a proceeding involving the Child Support Enforcement Agency, a copy must also be provided to the Agency.

CRITICAL

Counsel must attach the Notice of Hearing to the papers served on the respondent.

Counsel attaches the Notice of Hearing to the papers served upon respondent.

CRITICAL

The appellant must serve the transcript designation or applicable transcript statement on the appellee.

Unless the entire transcript is to be included, the appellant must file with the clerk of the trial court and serve on the appellee a description of the parts of the transcript the appellant intends to include in the record, a statement that no transcript is necessary, or a statement that an alternative to a transcript is necessary.

CRITICAL

Service

Electronic service

Electronic service is complete when the registered user receives the e-Filing System notification that the specific document was e-filed.

E-Service of an electronically filed document shall be deemed complete when the registered user receives the notice appearing on his/her notifications page through the e-Filing System, notifying said user that the specific document has been e-Filed.

CRITICAL

Service

Electronic service to all parties

For filings after the pleadings in an e-File case, the filing party must serve all other parties and electronically serve registered users through the Court's authorized system, subject to Section A exceptions.

Subject to the exceptions noted in Section A below, it shall be the responsibility of the filing party to serve all filings subsequent to the pleadings on all other parties in an e-File case. The filing party shall make service upon all other registered users of the e-Filing System electronically via the Court's authorized e-Filing System.

CRITICAL

The Court must send appropriate notice and response forms to the county Prosecuting Attorney.

The Court shall also send appropriate notice and response forms to the Prosecuting Attorney of this county.

CRITICAL

Applies to

Electronically filed document

Service

Electronic service

E-service of an electronically filed document is complete when the registered user receives the Notice of Electronic Filing.

E-Service of an electronically filed document shall be deemed complete when the registered user receives the "Notice of Electronic Filing" through the e- Filing System, notifying said user that the specified document has been e-Filed.

CRITICAL

Service

Mail

The Court must mail notice and response forms to each identified court with a certificate of mailing and a stamped return envelope.

The Court shall send appropriate notice and respond forms to each court so identified by U.S. mail, with a certificate of mailing, and include a stamped return envelope.

CRITICAL

Applies to

Transcript order

The transcript order copy must be served on the court reporter when the notice of appeal is filed.

A copy of the order for the transcript of proceedings must be filed with the clerk and served on the court reporter at the time of filing the notice of appeal.

CRITICAL

Applies to

Notice of judgment

Service

Mail

The Clerk must serve non-registered users with hard-copy Civ.R. 58(B) judgment notices by regular mail.

With respect to parties who are not registered users of the e-Filing System, the Clerk of Courts has been and shall continue to serve them with notice of a judgment pursuant to Civ.R. 58(B) via regular mail with hard copy notices.

CRITICAL

A represented or self-represented party filing a potentially modifying child-support motion or contempt charges must provide the Agency copies of the filing, hearing or continuance notices, and any objections.

A party independently represented by counsel or proceeding pro se who files either a motion that has the possibility of modifying an existing child support order or charges in contempt relative to a child support order shall provide the Athens County Child Support Enforcement Agency a copy of either the motion or the charges in contempt, all notices regarding hearings or continuances, and copies of any objections filed.

CRITICAL

Applies to

Approved order or entry

Service

Electronic service

For a registered user, the e-Filing System notification and the courtesy Notice of Electronic Filing email constitute service of an approved order or entry.

The electronic notification appearing on a registered user's notifications page through the e-Filing System, along with the courtesy "Notice of Electronic Filing" e-mail delivered to the registered user's e-Filing-designated e-mail account, shall constitute service of that order or entry upon that party in accordance with the applicable rules of the Court.

CRITICAL

Proof of service must state the service date, method, and names of the people served.

The proof of service must include the date of service, the manner of service, and the names of the persons served.

CRITICAL

A true copy of each subsequent pleading, motion, or other paper must be served as provided by law.

A true copy of each subsequent pleading, motion, or other paper filed in any cause shall be served as provided by law.

CRITICAL

On the day the report and award are filed, the chairperson must mail or otherwise forward copies to all parties or their counsel.

On the same day, the chairperson shall also mail or otherwise forward copies thereof to all. parties or their counsel.

CRITICAL

The Clerk must issue a summons and process the requested method of service in accordance with the applicable Rules of Procedure.

The Clerk shall issue a summons and process the method of service requested in accordance with the applicable Rules of Procedure.

CRITICAL

Service

Mail

Prospective jurors must be notified by regular mail through issuance of a summons.

All prospective jurors shall be notified by regular mail of their requirement of service by the issuance of a summons.

CRITICAL

A party filing a document other than a notice of appeal with the Court of Appeals must serve the opposing party and provide proof of service.

When a party files a document other than the notice of appeal with the Court of Appeals, it must serve a copy of the document on the opposing party and provide “Proof of Service.”

CRITICAL

You must serve an answer to the money claim on the plaintiff's attorney, or the plaintiff if unrepresented, within 28 days after service of the summons, excluding the day of service.

You are required to serve upon the plaintiff's attorney, or upon the plaintiff, ifthey have no attorney ofrecord, a copy of an answer to the claim for money within twenty-eight days after service of this summons on you, exclusive ofthe day of service.