Brown County Court of Common Pleas, General and Domestic Relations Division Service and Proof of Service Rules

CRITICALCriminal cases

A party seeking to modify bail must apply to the Court, give notice to the adverse party, and obtain the Court’s action by Entry.

When the amount of bail has been fixed in a criminal case before it reached this Court and either the State or the defendant desire to modify the amount or conditions thereof, such party shall make application to the Court. Notice thereof shall be given the adverse party and after submission to the Court, the action approved by the Court shall be by Entry.

CRITICALCriminal cases

When a post-conviction petition is filed, the clerk must issue written notice to the prosecuting attorney.

Upon the filing of such a petition, the clerk shall issue written notice upon the prosecuting attorney.

CRITICALCriminal cases

Notice that a continuance motion was filed must be served on opposing counsel, or on the unrepresented defendant when the Prosecuting Attorney files the motion; opposing counsel may promptly file an opposing affidavit.

Notice of the filing of such motion shall be served upon opposing counsel who may forthwith file an affidavit in opposition. If the defendant has no counsel and a Motion for Continuance is filed by the Prosecuting Attorney, such notice shall be served on the defendant.

CRITICALCriminal cases

The clerk must send bail-forfeiture notice to the defendant and surety in a form approved by the Court.

Notice of bail forfeiture shall be sent by the clerk to the defendant and to the surety in such form as may be approved by the Court from time to time.

CRITICALCivil cases

Applies to

Judgment of confession

Immediately after entering judgment by confession, the Court must send the defendant a copy by personal service or registered or certified mail to the address in the petition.

Immediately upon entering a Judgment by Confession, upon a warrant of attorney, the Court shall cause a copy of the Judgment of Confession to be sent to the defendant by personal service or by registered or certified letter mailed to him at the address set forth in the petition in accordance with Section 2323.13(C) of the Ohio Revised Code.

CRITICALCivil cases

Applications for compensation for receivers or their attorneys may be made only after prior notice to creditors and other interested persons as directed by the Court.

Applications for allowance of compensation to receivers or attorneys for receivers shall be made only upon prior notice to creditors and other persons in interest as the Court may direct.

CRITICALCivil cases

Applies to

Affidavits and written reports

Copies of affidavits and written reports must be furnished to counsel for all parties at least one week before the hearing.

In the instance of affidavits and written reports, copies shall be furnished to counsel for all parties not less than one week in advance of hearing.

CRITICALCivil cases

Parties who amend pleadings after rejection of an arbitration decision must serve the other parties under the Ohio Rules of Civil Procedure.

The parties making such pleading amendments shall serve other parties pursuant to the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Jury service notice and questionnaire

Service

Mail

The jury-service notice and questionnaire must be delivered by ordinary mail unless otherwise ordered.

(3) Delivered by ordinary mail unless otherwise ordered.

CRITICALCivil cases

The clerk must cause the Notice and Request for Hearing Form to be served on the judgment debtor when a praecipe for a Writ of Execution is filed.

26.1 When a judgment creditor files a praecipe for a Writ of Execution with the Clerk of a Common Pleas Court, the clerk shall issue a Writ of Execution and cause a Notice and a Request for Hearing Form to be served upon the judgment debtor.

CRITICALCivil cases

Service

Mail to all parties

The Clerk of Courts must send any Notice of Hearing to the parties by regular mail or in accordance with Civil Rule 5.

26.4 The Clerk of Courts shall send any Notice of Hearing to the parties by regular mail or otherwise in accordance with Rule 5 of the Rules of Civil Procedure.

CRITICALCivil cases

Service

Mail to all parties

When a defendant requests a hearing, the Court must send notice to both parties by ordinary or regular mail at least seven days before the hearing.

26.5 If a defendant requests a hearing as set forth in this Local Rule, the Court shall schedule a hearing within twelve (12) business days of the receipt of the Clerk of the Court of the request for hearing from the defendant and shall cause notice of such hearing to be sent to both the defendant and the plaintiff by ordinary or regular mail at least seven (7) days prior to the scheduled hearing.

CRITICALCivil cases

Notice of pleadings other than the original Complaint must be given to opposing counsel as required by the Rules of Civil Procedure.

Notice shall be given to opposing counsel as required by the Rules of Civil Procedure for service of pleadings other than the original Complaint.

CRITICALCivil cases

Applies to

Registration form

When a divorce, dissolution, or legal-separation filing is made, the Clerk must deliver a Registration Form to the filing party, serve one on the non-filing party with the summons, and note delivery or service on the docket.

Upon the filing of a Complaint for Divorce, Petition for Dissolution, or Complaint for Legal Separation, the Clerk of Courts shall deliver to the filing party or parties a Registration Form and shall cause to be served upon the non-filing party, together with the summons, a Registration Form. This Registration Form may be amended from time to time by the Court, the program administrator, or any successor administrator. The clerk shall note delivery/service upon the docket.

CRITICALCivil cases

Service

Mail to opposing party

The Court must mail a copy of the relocation notice to the non-residential parent, subject to the stated statutory exceptions.

Except as provided in ORC Section 3109.051(G)(2),(3) and (4), a copy of such notice shall be mailed by the Court to the non-residential parent.

CRITICAL

When service of process is required, sufficient copies must be filed with the clerk to accomplish service.

In addition to the original, sufficient copies shall be filed with the clerk to accomplish service of process, if required.

CRITICALCivil cases

Applies to

Pretrial statement

The Pretrial Statement must be served on all other attorneys appearing in the action at least 14 days before the first formal Pretrial Hearing.

All attorneys shall file with the Judge to whom the cause is assigned, and serve upon all other attorneys appearing in the action, not less than fourteen (14) days prior to the date of the first formal Pretrial Hearing, a Pretrial Statement:

WARNING

Service

Publication

In a case of indigency, service by publication is made by posting on the bulletin board in the courthouse’s first-floor lobby.

Pursuant to Civil Rule 4.4(A)(2), In the case of indigency, service by publication shall be by posting on the bulletin board in on the first floor lobby of the courthouse.