Butler County Court of Common Pleas, General Division Service and Proof of Service Rules
38 rules from official source documents
E-service, mail, personal service, proof of service, certificate, and timing requirements. This page is scoped to Butler County Court of Common Pleas, General Division; use the court rules overview to switch categories without leaving this court.
- Applies to
- Motion
A motion requesting permission for counsel to withdraw must be served on all counsel of record and the withdrawing counsel's client.
(3) The motion must be served on all counsel of record and the party represented by the counsel requesting permission to withdraw.
- Applies to
- Initial complaint
- Service
- Court service
For an electronically filed complaint or third-party complaint, the Clerk issues a summons and serves the pleading according to the filing party's instructions.
Consistent with the Ohio Rules of Civil Procedure, when any complaint or third-party complaint is submitted for electronic filing, the filing party shall also file instructions for service and the Clerk shall issue a summons and serve the complaint or third-party complaint according to such instructions.
Electronic filing does not eliminate the duty to serve opposing counsel or parties under the civil rules or the requirement to provide courtesy copies to the trial judge.
(1) By and Between Parties. The availability and utilization of electronic filing shall not serve to eliminate any requirements to serve opposing counsel or parties with filings pursuant to the Rules of Civil Procedure, nor shall it eliminate the requirement to provide courtesy copies to the trial judge as provided elsewhere in these rules.
- Applies to
- Order
- Service
- Electronic service to all parties
The Clerk's email notice that an order was filed constitutes service when a Notice of Appearance has been filed as required by Local Rule 5.03.
(2) By the Court. The Court may utilize notifications sent by electronic mail from the Clerk of Courts to inform counsel and parties that orders have been filed in their case. Said notice shall constitute service of any document required to be served by the Clerk of Courts upon parties and/or attorneys. Receipt of notification is dependent upon the filing of a Notice of Appearance as required in Loc. R. 5.03.
- Applies to
- Order or notice
Orders and notices whose terms require mailing or personal service on a party must continue to be served that way despite electronic notification.
Orders and notices which by their terms are required to be mailed or personally served upon a party
Documents that must be served on third parties not registered in the e-Filing Portal must continue to be served under the Rules of Civil Procedure despite electronic notifications.
or which are to be served upon third-parties not registered in the e-Filing Portal, shall continue to be served in accordance with the Rules of Civil Procedure regardless of the utilization of an electronic notification.
Use of facsimile or electronic filing does not eliminate the requirement to serve opposing counsel or parties under the Rules of Civil Procedure.
(B) The availability and utilization of facsimile filing or electronic filing shall not serve to eliminate any requirements to serve opposing counsel or parties with filing pursuant to the Rules of Civil Procedure.
- Applies to
- Affidavit and legal notice
- Service
- Publication to court
A party seeking service by publication must file the required affidavit and legal notice, obtain a time-stamped copy, transmit it to a newspaper, ensure publication, and pay the publisher directly.
If service is to be perfected by publication pursuant to the Ohio Rules of Civil Procedure, the requesting party shall file with the Clerk of Courts an affidavit together with a legal notice. The affidavit shall aver that service of summons cannot be made because the residence of the party to be served is unknown to the affiant, all of the efforts made on behalf of the party to ascertain the residence of the party to be served, and that the residence of the party to be served cannot be ascertained with reasonable diligence. The Clerk of Courts’ compliance with the Ohio Rules of Civil Procedure is satisfied by the Clerk filing the legal notice to be published. The requesting party shall then deliver a time-stamped copy to, and be solely responsible for transmitting the notice to, a newspaper of general circulation for publication. It shall be the responsibility of the requesting party to insure that the publication is accomplished, including the selection of the means of publication and administration of the publication. The requesting party shall be responsible for all publication costs directly with the publisher.
- Applies to
- Notice of sale
- Service
- Mail to all parties
The sale-requesting party or counsel must promptly mail notice of the sale’s time, date, and location to record owners, nondefaulting interested parties, and their counsel at their last known addresses.
The party requesting the sale, or its counsel, shall promptly mail notice of the time, date and location of the sale to the record owner(s) of the subject real estate and to all other interested parties not in default for failure to appear, or their counsel of record, at their respective last known addresses.
- Applies to
- Notice of sale
- Service
- Mail to all parties
Record owners must receive mailed notice of sale whether or not they defaulted, unless summons was served on them solely by publication.
The record owner(s) of the real estate shall be noticed by mail in all cases whether or not in default for failure to appear, except when said owners were originally served with summons solely by publication.
- Applies to
- Certificate of service
- Service
- Mail to clerk
At least 14 days before a scheduled sale, the requesting party or counsel must file a certificate identifying the service date, method, and names and addresses of all noticed parties; failure may result in denial of sale confirmation.
Not less than 14 days prior to the scheduled sale date, the party requesting the sale, or its counsel, shall file with the Clerk of Courts a certificate of service of notice of sale date, specifying the date and manner of service and the names and addresses of all interested parties who received notice. Failure to timely file the certificate of service required by this rule shall constitute grounds for denial of the confirmation of sale.
- Applies to
- Certificate of service
For an online sale conducted by a private selling officer, the certificate of service must be filed at least 14 days before online bids begin.
For sales conducted on-line by private selling officers, the certificate of service shall be filed not less than 14 days prior to the first date on-line bids will be accepted.
- Applies to
- Motion
Copies of every motion must be served on the adverse party under the Ohio Criminal Rules.
Copies of all motions shall be served upon the adverse party in accordance with the Ohio Rules of Criminal Procedure.
- Applies to
- Return of service
Service on a responsible party over age 16 must be reported as residential service, while service directly on the individual to be served must be reported as personal service.
If a pleading is left with a responsible party who is more than 16 years of age, then return is as “residential service” and if the pleading is left with the individual to be served, then the return is as “personal service.”
- Applies to
- Petition
- Service
- Court service
The clerk must send summons and a copy of the petition to individuals identified as titled owners or lienholders on the Title Division Affidavit.
Please send summons with a copy of the Petition to any individual identified as, “Titled in the name of,” and/or “Lienholder” listed on the Clerk of Court’s “Title Division Affidavit.”
- Service
Service must be made by certified mail.
Please serve by certified mail.
A separate set of trial materials must be delivered to opposing parties or their attorneys and to the court before 4:00 p.m. on the date specified in the pretrial order.
Separate sets of materials shall be delivered to opposing parties, or their attorneys, and to the court before 4:00 p.m. on the date indicated in the pretrial order.
- Applies to
- Objection
A contemporaneous copy of each written objection must be delivered to the court’s chambers.
Objections to the admission of exhibits or to the use of other material must be made in writing and filed before 4:00 p.m. on the date indicated, and a copy of the objection shall be contemporaneously delivered to the court in chambers.
- Applies to
- Hearing notice
- Service
Hearing notices are mailed only to counsel who have filed a notice of appearance, and motions or entries submitted by counsel who have not done so may be stricken or disregarded.
However, hearing notices will be mailed only to counsel who have filed a notice of appearance. Motions or entries signed/submitted by counsel who have not filed a notice of appearance may be stricken or not considered.
- Applies to
- Entries and orders
- Service
- Electronic service to all parties
All entries and orders must be served electronically on the parties.
All entries and orders will be e-filed and served upon the parties electronically pursuant to Loc. R. 3.08(G)(2).
- Applies to
- Motion
For timing purposes under these orders, motions are presumed served on the opposing party on the filing date.
For purposes of these orders, it will be assumed that motions will be served upon opposing parties the same date as filing.
- Applies to
- Response or reply
A response or reply served after filing or solely by mail must state the service date in its caption when the party relies on the service date or the three additional days under Civil Rule 6(D), or the argument may be excluded as untimely.
A party who is not served on the date of filing, or who was served only by mail and wishes to calculate time based upon the date of service and/or the three additional days prescribed by Civ. R. 6(D) shall include the date of service in the caption of his or her response/reply. Failure to comply with this instruction may result in exclusion of an argument as untimely based upon filing date.
- Applies to
- Motion
- Service
- Electronic service to opposing party
A party may not use the court's e-filing system to serve motions on other parties.
Pursuant to Loc. R. 3.08(G)(1), parties may not rely upon the Court’s e-filing system for service of motions upon other parties.
Each party must deliver separate trial-material sets to opposing parties or counsel and to the court before 4:00 p.m. on the scheduling-order date.
Separate sets of materials shall be delivered to opposing parties, or their counsel, and to the Court before 4:00 p.m. on the date indicated in the scheduling order.
- Service
- Court service to court
A copy of written objections to exhibits or other trial material must be delivered contemporaneously to the court in chambers.
Objections to the admission of exhibits or to the use of other material must be made in writing and filed before 4:00 p.m. on the date indicated in the scheduling order, and a copy of the objections shall be contemporaneously delivered to the Court in chambers.
Counsel and self-represented parties must monitor the case docket because electronic notifications may inadvertently not be sent or received.
(c) Counsel or self-represented parties are responsible for keeping current with filings upon the case docket in the event an electronic notification is inadvertently not sent or received.
Pretrial and trial briefs and requests for special instructions submitted to the trial judge must be exchanged with all counsel of record.
Pretrial or trial briefs, and requests for special instructions, which are submitted to the trial judge shall be exchanged with all counsel of record.
Service under Local Rule 3.08 depends on an accurate, current Notice of Appearance, and noncompliance may prevent receipt of court filing notifications.
(D) Service of documents under Loc. R. 3.08 is dependent upon an accurate and up-to-date Notice of Appearance. Failure of an attorney or a self-represented individual to comply with this rule may result in the failure to receive notifications of filings by the Court.
- Applies to
- Notice of sale
- Service
- Publication to all parties
Other parties who failed to answer need not receive notice of sale except through publication as provided by the ORC.
No other parties to the proceeding in default of answer need be served with notice of sale except by publication as otherwise provided in the ORC.
- Applies to
- Petition
- Service
For the sample petition, the clerk is instructed to send summons with a copy to individuals identified as titled persons or lienholders on the Title Division Affidavit and to serve them by certified mail.
Please send summons with a copy of the Petition to any individual identified as, “Titled in the name of,” and/or “Lienholder” listed on the Clerk of Court’s “Title Division Affidavit.” Please serve by certified mail.
- Applies to
- Application to seal record of conviction
- Service
- Court service to agency
The Court serves a copy of the record-sealing application on the Office of the Prosecutor.
A copy of this application was served by this Court on the Office of the Prosecutor
- Applies to
- Pleading
When a pleading is left with a responsible party over 16, record residential service; when left with the individual to be served, record personal service.
If a pleading is left with a responsible party who is more than 16 years of age, then return is as “residential service” and if the pleading is left with the individual to be served, then the return is as “personal service.”
- Service
- Court service
The Court serves a copy of the application on the Office of the Prosecutor.
A copy of this application was served by this Court on the Office of the Prosecutor
- Service
- Court service
The Court serves a copy of the application on the Office of the Prosecutor.
A copy of this application was served by this Court on the Office of the Prosecutor for_________________________________, this ______ day of ___________________, 20___.
- Applies to
- Order
- Service
Only orders whose nature requires service under the Rules of Civil Procedure will be served by mail.
Only orders required by their nature, as set forth in the Rules of Civil Procedure, will be served by mail.
- Service
Electronic return receipts may be used for certified mail service, and electronic proof of service for certified or express mail sent by the Court satisfies the applicable service requirements, but the use of electronic return receipts is optional.
The Clerk of Courts is authorized to use electronic return receipts from the United States Postal Service for certified mail service. Electronic proof of service for certified or express mail sent by the Court shall be deemed in compliance with the service requirements of the Civil Rules. The use of electronic return receipts is not mandatory.
- Applies to
- Order
- Service
- Mail to all parties
The Court may mail selected orders to counsel or parties, but recipients should not rely on mailing because other orders may not be mailed.
(a) The Court, at its discretion, may elect to mail certain orders to counsel/parties. The decision to mail any particular order does not mean all other orders will be mailed, and the possibility of mailing should not be relied upon.
- Applies to
- Hearing notice
- Service
A hearing notice contained in an entry or order need not be separately mailed.
Entries/orders may contain hearing notices which may not be separately mailed.
What rule applies to service for motion in Butler County Court of Common Pleas, General Division?
The rule addresses service method, recipient, or timing requirements. A motion requesting permission for counsel to withdraw must be served on all counsel of record and the withdrawing counsel's client.
What rule applies to service for initial complaint in Butler County Court of Common Pleas, General Division?
The rule addresses service method, recipient, or timing requirements. Details: method: court service. For an electronically filed complaint or third-party complaint, the Clerk issues a summons and serves the pleading according to the filing party's instructions.
What rule applies to serving the opposing party in Butler County Court of Common Pleas, General Division?
The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party. Electronic filing does not eliminate the duty to serve opposing counsel or parties under the civil rules or the requirement to provide courtesy copies to the trial judge.
What rule applies to service for order in Butler County Court of Common Pleas, General Division?
The rule addresses service method, recipient, or timing requirements. Details: method: e-service, recipient: all parties. The Clerk's email notice that an order was filed constitutes service when a Notice of Appearance has been filed as required by Local Rule 5.03.
What rule applies to service for order or notice in Butler County Court of Common Pleas, General Division?
The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties. Orders and notices whose terms require mailing or personal service on a party must continue to be served that way despite electronic notification.
What service or proof of service rules apply in Butler County Court of Common Pleas, General Division?
The rule addresses service method, recipient, or timing requirements. Documents that must be served on third parties not registered in the e-Filing Portal must continue to be served under the Rules of Civil Procedure despite electronic notifications.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.