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

CRITICAL

The Agency must notify the obligor by a method of service authorized under the Civil Rules that support payments due after service must be paid to the CSPC.

The Agency shall notify the obligor, by any method of service authorized under Civil Rules to make all support payments due after service to the CSPC.

CRITICAL

The Clerk must notify the DRC electronically of the petition's disposition and, if granted, order the DRC to issue the CQE to the petitioner.

The Clerk shall also notify the DRC electronically of the disposition of the petition as required under the Administrative Rules, and, if granted, order the DRC to issue the CQE to Petitioner.

CRITICAL

Applies to

Approved proposed order or entry

Service

Mail

After a proposed order or entry is approved and e-filed, the clerk must mail a copy to every non-registered party at that party's last known address.

Upon notification that its proposed order or entry has been approved by the Court and e-Filed, the clerk shall cause to a copy to be mailed to all non-registered parties on that case, at those parties' last known addresses.

CRITICAL

Service

Mail to opposing party

I, C.D., certify that this Motion to Extend the Time, was sent by ordinary United States mail to , Counsel for Plaintiff, at , on .

I, C.D., certify that this Motion to Extend the Time, was sent by ordinary United States mail to , Counsel for Plaintiff, at , on .

CRITICAL

Applies to

Proposed order or entry

Service

Electronic service to all parties

After approval and e-filing of a proposed order or entry, the Clerk must send registered users an electronic copy, and the Notice of Electronic Filing constitutes service on them.

Upon notification that its proposed order or entry has been approved by the Court and e-Filed, the Clerk shall send ... an electronic copy to those registered in the e-Filing system. The "Notice of Electronic Filing" delivered to all registered users' e-Filing accounts shall constitute service of that order or entry upon those parties in accordance with the applicable rules of the Court.

CRITICAL

Service

Electronic service

A filer who brings a document to the Clerk for scanning and uploading must serve registered users electronically through the e-Filing System.

However, such a filer shall serve all registered users on that case electronically via the e-Filing System (e-Service).

CRITICAL

Service may be personal or by mail and must occur no later than filing the document with the clerk.

Service may be personal or by mail, and must be done at or before the time of filing the document with the clerk.

CRITICAL

Service

Publication to court

After the last publication, the publisher or agent must file an affidavit of publication and a copy of the publication notice with the Court; together, they constitute proof of service.

1 After the last publication, the publisher or agent shall file with the Court an affidavit showing publication was made, and a copy of the notice of publication. Both the affidavit and copy of the notice shall constitute proof of service.

CRITICAL

Service

Electronic service

For electronically filed documents subsequent to a Complaint, the Notice of Electronic Filing constitutes service on registered users who requested electronic service.

When a document (other than and subsequent to a Complaint) is filed electronically in accordance with these procedures, the e-Filing System will generate a "Notice of Electronic Filing" to the filing party and to any other party who is a registered user of the e-Filing System who has also requested electronic service. If the recipient is a registered user, the "Notice of Electronic Filing" delivered to the user's e-Filing account shall constitute service of that document upon that party in accordance with the applicable rules of the Court.

CRITICAL

Applies to

Proposed order or entry

Service

Mail to all parties

After a proposed order or entry is approved and e-filed, the Clerk must mail a printed copy to each nonregistered party at the party's last known address.

Upon notification that its proposed order or entry has been approved by the Court and e-Filed, the Clerk shall send a printed copy of the e-Filed order or entry and mail it to all non-registered parties on that case, at those parties' last known addresses

CRITICAL

When a party is represented, service must be made on that party’s counsel.

If a party is represented by counsel, service must be made on counsel.

CRITICAL

Applies to

Notice of judgment

Service

Electronic service

The Clerk must serve registered users with Civ.R. 58(B) judgment notices electronically through the e-Filing System.

With respect to parties who are 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) electronically, through the e-Filing System.

CRITICAL

Service

Electronic service

For documents served after the Complaint or Third-Party Complaint, electronic service does not qualify for the three-day response extension otherwise available for mail or commercial-carrier service; the limitation does not apply to summons responses.

Pursuant to the Ohio Supreme Court's recently-adopted amendments to the Ohio Rules of Civil Procedure, specifically Civ.R. 5(B) and Civ.R. 6(D), as of August 1, 2020, parties served electronically shall no longer be entitled to the three-day extension of time to respond that they would otherwise be entitled to if they were served by mail or by a commercial carrier service. This limitation to the application of "the three-day rule" applies only to documents served subsequent to the Complaint or Third-Party Complaint; it does not apply to responses to service of summons under Civ.R. 4 through Civ.R. 4.6.

CRITICAL

Service

Court service

After a notice of appeal is filed, the clerk serves notice on each other party’s counsel of record or, if unrepresented, at that party’s last known address.

Once a party files a notice of appeal, the clerk will serve notice of the filing to the counsel of record of each party other than the appellant, or, if a party is not represented by counsel, to the party at the party’s last known address. [App.R. 3(E)]

CRITICAL

A party must serve a copy of its brief on every other party.

In addition, a party must serve a copy of its brief on every other party.

CRITICAL

A party making amendments must serve all other parties under the Ohio Rules of Civil Procedure.

Any party making such amendments shall serve all other parties pursuant to the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Proposed orders and entries

The filing party is responsible for serving proposed orders and entries submitted through the e-Filing System.

The filing party is also responsible for the service of any proposed orders and entries submitted to the Court through the e-Filing System.

WARNING

A hearing cannot be scheduled until service is complete; if service is incomplete and no other failure-of-service notice has been mailed, the assignment commissioner must notify plaintiff's attorney.

a. If service is incomplete and no other notice of failure of service has been mailed, the assignment commissioner shall send plaintiff's attorney notice that, until service is complete, no hearing can be scheduled.

WARNING

Before the hearing, the assignment commissioner must verify service upon the respondent.

Prior to hearing, the assignment commissioner is to verity service upon respondent.

WARNING

Before the hearing, the assignment commissioner must verify service upon the respondent.

Prior to hearing, the assignment commissioner is to verify service upon respondent.

WARNING

Applies to

Jury questionnaire

Service

Mail

A questionnaire must be mailed to prospective jurors before the summons is mailed.

First a questionnaire shall be mailed to prospective juror.

WARNING

Service

Mail

If a pro se litigant lacks an accessible email address, pleadings will continue to be mailed to the physical address on file.

If they do not such an email address the pleadings will continue to be mailed to their physical address on file.

WARNING

Service

Electronic service

A pro se litigant without an email address will not receive electronic notification; one who provides an address will receive electronic service and notification.

If the pro se litigant has not provided an e-mail address for themselves, the Clerk will note in the e-Filing System that the pro se party will not receive electronic notification. If the pro se litigant has provided such an e-mail address, the pro se litigant will receive electronic service and notification.

WARNING

Applies to

Jury summons

Service

Mail

After questionnaires are returned, a summons must be mailed to eligible prospective jurors and explain how and when to respond and the consequences of failing to respond.

When the questionnaires are returned, a summons clearly explaining how and when the recipient must respond and the consequences of a failure to respond shall be mailed to the eligible prospective jurors.

WARNING

Service

Electronic service

If the pro se litigant has not provided an e-mail address for himself/herself, they will not receive e-mail notifications, however they will receive electronic notification if they log into their account. If the pro se litigant has provided such an e-mail address, the pro se litigant will receive electronic service and notification.

If the pro se litigant has not provided an e-mail address for himself/herself, they will not receive e-mail notifications, however they will receive electronic notification if they log into their account. If the pro se litigant has provided such an e-mail address, the pro se litigant will receive electronic service and notification.

WARNING

Service

Electronic service

If a subsequent motion is not filed in every consolidated case, only registered users associated with the case in which it was filed will receive electronic notice and e-service.

If an attorney/filer fails to comply and does not file a motion subsequent to a consolidation in all consolidated cases, only the registered users who are associated with the case in which that motion is filed will receive electronic notice/e-Service of the newly-filed motion.

WARNING

Applies to

Jury service notice and questionnaire

Service

Mail

The jury-service notice and questionnaire must be mailed separately and delivered by ordinary mail.

The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person shall be: 1. Mailed separately. 2. Phrased so to be readily understood by and individual unfamiliar with the legal and jury systems; and 3. Delivered by ordinary mail.

WARNING

Service

Electronic service

A pro se party who provides an email address and is registered will receive electronic notification and service.

If the Court or Clerk receives, via mail, documents to be filed from a pro se party, the Clerk's office will register the party as a user in the e-Filing System, if the party has provided an email address, and that party will receive electronic notification and service.

WARNING

Applies to

Exhibits transcripts or other items

Items that cannot be stored electronically or are too large to file practically may be served conventionally.

However, exhibits, transcripts or other items that cannot be captured or stored in an electronic format or that are too large, so it is impractical to file, may be filed and served conventionally.

WARNING

Applies to

Orders

Service

Mail

Copies of orders are mailed to unregistered e-filing-system filers within three days of the Clerk's approval and posting.

Paper copies to unregistered filers in the e-filing system are mailed a copy of orders within three days of clerk's approval and posting of the filing.

INFO

Applies to

Exhibits

Exhibits and other items that cannot be captured or stored electronically may be served conventionally.

However, exhibits or other items that cannot be captured or stored in an electronic format may be filed and served conventionally.

INFO

Service

Electronic service

Electronically registered parties usually receive electronic notices on the day filing is accepted or the following day.

Electronic notices are usually sent out to parties electronically registered the same day or the day after filing is accepted by the clerk.

INFO

Service

Electronic service

The e-Filing System acts as the Clerk's agent for electronic filing, receipt, service, and retrieval of electronic documents.

The e-Filing System is hereby appointed the agent of the Clerk for purposes of electronic filing, receipt, service and retrieval of electronic documents.

INFO

Service

Court service to clerk

The trial court clerk forwards a copy of the notice of appeal to the Court of Appeals clerk.

The clerk also will forward a copy of the notice of appeal to the clerk of the Court of Appeals. [App.R. 3(E)]