Auglaize County Court of Common Pleas Service and Proof of Service Rules

CRITICAL

In civil filings, the plaintiff must initially choose one Civil Rule 4.1 service method and may not request an alternate method until a return shows failure, except in Domestic Relations cases.

(A)(1) In all civil filings, the plaintiff shall initially choose one method of service as provided for in Civil Rule 4.1, and may not request service by an alternate method until there is a return showing failure of service, except Domestic Relations, which may be served as directed by the parties or otherwise authorized by the Court.

CRITICAL

Applies to

Proposed legal notice

Service

Publication

Counsel seeking service by publication must submit the proposed legal notice to the Clerk of Courts, who must promptly publish it in the local newspaper; requesting counsel must pay the newspaper directly.

(B) Counsel for a party desiring service by a publication shall submit to the Clerk of Courts the proposed legal notice for such publication. This notice shall be promptly

CRITICAL

Applies to

Petition for protection order

Service

Personal service

Petitions for the specified protection orders must be personally served at Ohio addresses or served by certified mail at addresses outside Ohio, unless the petitioner instructs otherwise.

The Clerk is Ordered that Petitions for Civil Stalking Protection Orders or Sexually Oriented Offense Protection Orders shall be served by PERSONAL SERVICE if the address is located within the State of Ohio, and by CERTIFIED MAIL if the address is not within the State of Ohio, unless specifically instructed otherwise by the Petitioner.

CRITICAL

The filer may not transmit service copies by fax.

The filer shall not transmit service copies by facsimile.

CRITICAL

Applies to

Original complaint, third party complaint, or pleading adding new party

When electronically filing an original complaint, third-party complaint, or pleading adding a party, the filer must also electronically file service instructions, after which the clerk issues summons and process using the designated service method under the Civil Rules.

Upon electronically filing the original complaint, third party complaint, or any pleading that adds a new party, the filing party shall also file instructions for service electronically. The clerk shall issue a summons and process in the designated method of service in accordance with the Civil Rules.

CRITICAL

A party filing electronically must still provide a certificate of service for all parties entitled to service.

A certificate of service on all parties entitled to service is still required when a party files a document electronically.

CRITICAL

Applies to

Case initiating document

Initiating documents may be filed electronically but must not be served electronically; summons and service must follow the applicable rule or statute.

Initial complaints, re-filed complaints, third party complaints, other documents initiating a case or adding a new party are filed but not served electronically. Summons and service cannot be issued or completed electronically and must be accomplished as required by the applicable rule or statute.

CRITICAL

The filer, rather than the Clerk, is responsible for serving documents filed after the original complaint on all parties and attorneys.

In accordance with Civ. R. 5(B)(2) and Crim R. 49, the filer, not the Clerk of Courts shall be responsible for serving all documents filed subsequent to the original complaint on all parties and attorneys.

CRITICAL

Applies to

Entries and orders

After an order or entry is signed and filed, the Clerk must serve copies of all entries and orders.

After the order or entry has been signed and filed, the Clerk of Courts shall serve copies of all entries and orders.

CRITICAL

Applies to

Written pleading motion memorandum or argument

Every written pleading, motion, memorandum, or argument filed with the Court and Judge must be served on opposing counsel or on unrepresented parties.

Every Pleading, Motion, Memorandum or Argument, in writing, filed with the Court and Judge, shall be served upon all opposing counsel or upon all parties not represented by counsel.

CRITICAL

Applies to

Pleading motion brief memorandum or argument

Proof of service must be an attached certificate identifying the attorneys or parties served and stating the date and manner of service.

Proof of service shall be by certificate of service attached to such Pleading of a Motion, Brief, Memorandum or Argument, and shall include the names of attorneys and/or parties served, and the date and manner of such service.

CRITICAL

Applies to

Default judgment application

The default-judgment applicant must notify the opposing party and submit proof of service to the Court when filing the application.

In addition to the following requirements of Civil Rule #55, the party applying for a Default Judgment shall give notice of the application to the party against whom the Default Judgment is sought and shall, at the time of filing the application, submit to the Court proof of service of the application.

CRITICAL

Applies to

Judgment entry

Upon filing a judgment entry, the Clerk must immediately serve a copy on each party or counsel.

All such Entries shall be submitted to the Court with sufficient copies to provide each party with a copy thereof. The Clerk of Courts will not accept for filing any Judgment Entry unless it is accompanied by sufficient copies for each party or counsel in the cause, and the Clerk shall immediately, upon the filing of any such Entry, cause each party or counsel to be served a copy of such Entry.

CRITICAL

Applies to

Notice of hearing

Hearing notice on a Receiver’s fee application must be sent personally or by mail to all creditors or their attorneys of record, unless the Court orders otherwise.

Written notice of the hearing on application for fees shall be submitted personally or by mail to all creditors or to their attorney of record, unless otherwise provided by Court Order.

CRITICAL

Applies to

File stamped copy

When the Prosecuting Attorney is ordered to prepare a criminal-case entry, the Attorney must submit it for signature and journalization and serve a file-stamped copy on the Defendant or defense counsel.

In all Criminal cases where the Entry is Ordered to be prepared by the Office of the Prosecuting Attorney, said Prosecuting Attorney shall submit an Entry to the Court for signature and journalization, and shall cause a file stamped copy to be served upon the Defendant or defense counsel.

CRITICAL

The Clerk must not serve pleadings on the Defendant until a IV-D application is received.

The Clerk shall not serve pleadings upon the Defendant until a IV-D application is received.

CRITICAL

Applies to

Temporary or emergency temporary order

Service

Mail to all parties

The Clerk must serve temporary and emergency temporary orders on parties by certified mail, attorneys of record by regular mail, and CSEA by hand delivery, unless the order or pleading directs otherwise.

The Clerk shall cause a copy of all Temporary or Emergency Temporary Orders to be served upon the parties by certified mail, upon attorneys of record by regular mail and upon CSEA by hand delivery, unless the order or pleading directs otherwise.

CRITICAL

Applies to

Motion to modify child or spousal support

A copy of every motion to modify child or spousal support must be served on the CSEA.

A. A copy of all motions requesting a modification of child support or spousal support shall be served upon the CSEA.

CRITICAL

Within 30 days after service on the opposing party, both parties must provide specified financial information to each other and the CSEA, and that information must not be filed with the Court.

Within 30 days of service upon the opposing party, the filing party and the opposing party shall provide to both the CSEA and each other the following financial information: 1. A copy of the party’s federal income tax return from the previous year. 2. A copy of all pay stubs obtained by the party within the preceding six (6) months. 3. A copy of all their records evidencing the receipt of any other salary, wage, or compensation within the preceding six (6) months. 4. Any other information necessary to properly review the child or spousal support order. NOTE: The information in Paragraphs 1-4 above is not to be filed with the Court.

CRITICAL

After receiving the financial information, the CSEA must review it and serve the results on all parties within 15 days.

C. Upon the CSEA receiving the financial information within the thirty (30) day period after service upon the responding party, said CSEA shall review and serve the results of that review upon all parties within fifteen (15) days of their receipt of the financial information.

CRITICAL

Applies to

Motion for citation in contempt

If a party does not comply with the financial-information notice within 30 days, the CSEA must file a contempt motion and serve it on that party.

D. Should either party not comply with the notice of the financial information within the thirty (30) day period, the CSEA shall so inform the Court and file a Motion for Citation in Contempt which shall be served upon the party and the hearing date previously set by the Court shall be used as a contempt hearing.

CRITICAL

Applies to

Notice of relocation

Service

Mail to opposing party

When filing a relocation notice, the filing party must request service on the other party by certified mail.

B. The party filing the notice shall request service by certified mail upon the other party at the time of filing.

CRITICAL

Applies to

Motion for citation in contempt

The hearing notice or show-cause order must be served with the contempt-citation motion as provided by the Civil Rules.

The notice of hearing/showcause order shall be served with the motion for citation in contempt as provided by the Civil Rules.

CRITICAL

Applies to

Petition for conciliation

The petition must be served under the Civil Rules, and the opposing party must answer within 14 days after service.

Service of the petition shall be in accordance with the Civil Rules and the opposing party shall answer the petition within fourteen (14) days of service.

CRITICAL

The Clerk must attach the rule to the summons so both are served at the same time.

The Clerk of this Court shall attach a copy of this rule to the summons so that both documents will be served simultaneously.

CRITICAL

The Clerk may not file a Waiver and Entry of Appearance until the Defendant has received service of a copy of the rule.

The Clerk shall not file a Waiver and Entry of Appearance until a copy of this rule is received and served upon the Defendant.

CRITICAL

Applies to

Transcript request motion

A transcript request must be made by written motion to the Court, with a copy served on the Court Reporter.

Requests for transcriptions of testimony from the recordings of any cases shall be made in writing by Motion with the Court, with a copy to be served upon the Court Reporter.

CRITICAL

Upon an alleged victim’s request, the prosecuting attorney must notify the victim of all public proceedings involving the alleged offense and the victim’s rights.

(A) Pursuant to Criminal Rule 37, to ensure that the alleged victim(s), upon request, be given notice of all public proceedings involving the alleged criminal offense(s) against the victim(s) and the opportunity to be present at all such proceedings, the Court hereby directs the prosecuting attorney to provide such notice to the alleged victim(s), including notice of the rights enumerated in Division (B) below.

CRITICAL

The attorney or self-represented party must give the bankruptcy notice to other counsel or self-represented parties of record in accordance with Civil Rule 5.

Such attorney or party shall likewise give such Notice to other counsel or pro se parties of record in such pending litigation; same to conform to requirements of Civil Rule #5.

CRITICAL

Notice of the lifting of a stay must be served on all counsel or self-represented parties within 15 days after the stay is lifted.

Furthermore, such attorney or party shall file and serve all counsel or pro se parties notice of the lifting of any such stay within fifteen (15) days after such a stay is lifted by the Bankruptcy Court or operation of law.

CRITICAL

The Clerk must serve the Journal Entry on the listed recipients, choosing hand delivery, electronic means if available, or regular U.S. mail.

The Clerk of Courts shall cause a copy of this Journal Entry to be served upon the Auglaize County Sheriff, Auglaize County Correction Center, the Probation Department of this Court, and all counsel of record by hand delivering the same, or electronic means if available, or by regular U.S. mail, at the Clerk’s discretion.

CRITICAL

The requesting party must serve copies of the proposed findings on all opposing parties or their counsel.

and shall serve copies thereof on all opposing parties or their Counsel.

CRITICAL

Opposing counsel must submit and serve proposals for findings of fact and conclusions of law within five (5) days after receiving the requesting party’s proposed statement.

Within five (5) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing Counsel shall submit and similarly serve their proposals.

CRITICAL

Applies to

Notice of appearance

Counsel must file a notice of appearance and provide a copy to opposing counsel or parties.

Counsel representing children, parents or parties shall file a notice of appearance with the Court and provide a copy to opposing counsel or parties.

CRITICAL

Applies to

Summons and complaint

Service

Mail

The Clerk must prepare the summons on the Court’s prescribed form and serve it with a complaint copy by mail within ten days, unless an alternate form of service is requested.

The Clerk shall prepare the summons on a form prescribed by the Court and cause it along with a copy of the complaint to be served within ten (10) days by mail unless an alternate form of service is requested.

CRITICAL

Applies to

Summons

Service

Mail to all parties

The Clerk must arrange for the Summons and statement of rights to be served on the parties by mail.

The Clerk will prepare the Summons and cause it along with a statement of rights to be served on the parties by mail.

CRITICAL

Applies to

Complaint

For a privately filed parentage action, CSEA must be served a copy of the complaint.

Parentage actions may be filed by CSEA or privately. If filed privately, CSEA will be served a copy of the complaint.

CRITICAL

Applies to

Joinder motion

The Court must wait fourteen days after service of a joinder motion on the parents or custodians before ruling on joinder.

The Court will wait fourteen days after service of the joinder motion on the parents or custodians before ruling on the joinder.

CRITICAL

Applies to

Sealing or expungement entry

Service

Mail to agency

Unless otherwise ordered, send the sealing or expungement entry and required form by certified mail to the law enforcement agencies listed in the order, including BCI.

In the event a case is ordered sealed or expunged, the entry will be sent by certified mail unless otherwise ordered to all law enforcement agencies listed on the order, including BCI along with the “Sealing and/or Expungement” Form required by the Ohio Attorney General.

WARNING

Service

Publication

The Clerk of Courts publishes the legal notice in the local newspaper.

published in the local newspaper by the Clerk of Courts.

WARNING

Service

Publication

In divorce, annulment, and legal separation actions, publication service must conform to Civil Rule 4.4(A)(2), with postings at the named sheriff’s office and police department locations.

(C) In a divorce, annulment, or legal separation action, Service by a Publication shall conform to Civil Rule 4.4(A)(2). The Court does hereby name the additional two (2) posting places to be the public area of the Auglaize County Sheriff’s Office and the public area of the office of the St. Marys, Ohio Police Department.

WARNING

Applies to

Trial brief

Counsel may file trial briefs, must do so if the Judge requests, and must furnish any trial brief to opposing counsel.

Preliminary to the trial of cases assigned for trial, counsel may, within their discretion, or counsel shall upon request of the Judge, file Trial Briefs containing questions of law involved in the case. All Trial Briefs shall be furnished to opposing counsel.

WARNING

Service

Mail

The notice to each identified court must be sent by ordinary U.S. mail.

Such Notice shall be sent via ordinary US mail.

WARNING

Applies to

Notification of protection order form

The Clerk must docket a completed Notification of Protection Order Form forwarded by law enforcement to record that the defendant or respondent was made aware of the protection order; Juvenile Court follows the same procedure.

In the Clerk’s Office, if a law enforcement agency has completed the Notification of Protection Order Form and forwarded the form to the Clerk’s office, the form will be docketed on the protection order case to indicate the defendant or respondent has been made aware of said protection order. Juvenile Court has the same procedure as the Clerk.

INFO

Applies to

Judgment entry

The Clerk’s docket notation showing service of a judgment entry is sufficient evidence of service.

The Clerk’s notation of the service of the entry of judgment on the appearance docket is sufficient evidence of service.

INFO

Service

Personal service

The Clerk may use hand delivery when it is more expeditious.

The clerk may also serve by hand delivery in cases where such service is more expeditious.