Clark County Court of Common Pleas, General Division Service and Proof of Service Rules

Service

Court service

For service requests, file-stamped hard copies must be provided to the Clerk of Courts, and service will not issue until the necessary copies are received.

For service requests, file-stamped hard-copies must be provided to the Clerk of Courts as necessary for service of process. Service will not be issued until the necessary copies are provided to the Clerk of Court.

Applies to

Pleadings or documents

File-stamped hard copies must be provided to the Clerk of Courts when needed for service of process.

For service requests, file-stamped hard-copies must be provided to the Clerk of Courts as necessary for service of process.

The Clerk must reject a document requiring service on counsel or parties if it does not designate their names and addresses.

The Clerk shall not accept for filing any document that must be served upon counsel or parties which does not designate their names and addresses.

Applies to

Civil filing

The Clerk must reject a civil filing that lacks instructions for service.

In addition, the Clerk shall not accept a civil filing without instructions for service.

Service

Publication

When service is by publication, the publisher or agent must file an affidavit proving publication and a copy of the notice of publication; together they constitute proof of service.

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

Service

Court service

Court orders, decisions, opinions, and other papers served by the Court or Clerk must be served only on the designated primary counsel.

All court orders, decisions, opinions, or papers served by the Court or the Clerk of Courts shall be served only upon the designated primary counsel for the class, party, or parties.

Applies to

Opposition

Opposing parties must file and serve a memorandum in opposition to the motion filed and served against them.

All parties opposing motions shall file and serve a memorandum in opposition to the motion that has been filed and served against them.

A plaintiff or counsel filing a voluntary notice or stipulation of dismissal must immediately deliver a copy to the assigned judge and magistrate.

Any plaintiff or plaintiff's counsel who has filed a notice of dismissal or a stipulation of dismissal pursuant to Rule 41(A)(1) of the Ohio Rules of Civil Procedure shall immediately deliver a copy of the notice or stipulation to the Judge and magistrate assigned to the case so that the Judge and magistrate are promptly informed of the voluntary dismissal of the action.

Applies to

Final entry

At an uncontested hearing, counsel must furnish the final entry and supporting orders with enough copies for service on every party.

At all uncontested hearings, counsel shall furnish the final entry with supporting orders and sufficient copies to be served on all parties.

Counsel must include a certificate of service on the default-judgment motion, notice, and judgment.

Counsel shall endorse the motion, notice and judgment with a certificate of service as required by Rule 5(D) of the Ohio Rules of Civil Procedure.

Failure to provide the required certificate may justify vacating default judgment unless the record establishes that the judgment target's name or address is unknown.

Failure to provide a certificate constitutes an irregularity and a ground for the vacation of judgment unless the record establishes that the name or address of the party against which judgment is sought is unknown.

Service

Mail to opposing party

After entry of judgment, plaintiff's attorney must give the Clerk two notices for the defendant and a properly addressed and stamped certified-mail envelope, unless a filestamped duplicate judgment naming each defendant is used as notice.

Upon entry of judgment, Plaintiff's attorney shall deliver the following to the Clerk: a. Two copies of the notice of judgment entry for the Defendant. A duplicate of the judgment may be used as notice if it has been filestamped by the Clerk and bears the name of each defendant; and b. One envelope that is addressed to the defendant, bears the Clerk's return address and is properly stamped for certified mail.

Service

Mail to opposing party

The Clerk must mail the defendant one copy of the notice of judgment entry on the same day the Clerk receives it from plaintiff.

Mail one copy of defendant's notice of judgment entry to the defendant on the same day the copy was received from the plaintiff;

Service

Mail to opposing party

The Clerk must file one copy of the defendant's notice in the case file the same day received, endorse the docket, and file the certificate and return of mailing.

File one copy of the defendant's notice of judgment entry in the case file on the same day it was received from the plaintiff; and c. Endorse on the docket and file in the case the certificate of mailing and the return of mailing.

Service

Mail

The requesting attorney or party must promptly mail notice of the sheriff's sale time, date, and location to record owners, non-default interested parties, or their counsel of record.

In every action in any division of the Common Pleas Court of Clark County, Ohio wherein a judicial sale of real estate is ordered by the Court, the attorney for the plaintiff, or such other party requesting the sale, shall promptly mail notice of the time, date and location of the Sheriff's 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

Service

Mail

Real-estate record owners must be noticed by mail in all cases, including cases where they have defaulted, unless they were originally served with summons 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 owner(s) were originally served with summons solely by publication.

Service

Publication

Parties in default of answer need not receive notice of sale except by publication under Sections 2329.26 and 2329.27 of the Ohio Revised Code.

No other parties to the proceeding in default of answer need be served with notice of sale except by publication as provided by Sections 2329.26 and 2329.27 of the Ohio Revised Code.

Service

Court service

Notice of the receiver-appointment hearing must be served on interested parties unless the court finds that notice would cause irreparable harm to the plaintiff.

Notice of the hearing shall be served on interested parties unless the Court finds that the time taken to give notice will result in irreparable harm to the plaintiff;

A receiver may not sell property to a former owner or another person interested in the receivership until all creditors receive notice fixing the sale-confirmation date.

No sale shall be made to a former owner or to any person interested in the business or operation of the receivership until notice is served on all creditors fixing a date for confirmation of the sale.

Service

Mail

For a real-estate foreclosure receiver appointment hearing, interested parties receive notice by attachment to the complaint and original summons or by certified mail, and the property owner must receive notice three days before the hearing.

Notice of the hearing shall be served on interested parties either by attachment to the complaint and original summons, or by certified mail in accordance with the Ohio Rules of Civil Procedure; and c. Notice shall be served on the owner of the property three (3) days before the hearing.

Applies to

Jury summons and questionnaire

Service

Mail

The jury-service notice and questionnaire must be combined into a single, readily understandable document delivered by ordinary mail.

The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person will be: 1. Combined in a single document; 2. Phrased so as to be readily understood by an individual unfamiliar with the legal and jury systems; and 3. Delivered by ordinary mail.

The Scheduling Order must be filed, and copies must be forwarded to the parties by email or ordinary mail; parties must provide their email addresses.

The Scheduling Order will be filed and copies will be forwarded to the parties by email or ordinary mail. (The parties are required to provide their respective email addresses in compliance with these rules).

A proponent must provide copies of written materials intended for reading into evidence to the court and other counsel at pretrial.

If written materials are to be read into evidence, copies of these materials shall be provided by the proponent to the Court and other counsel at pretrial.

Service

Mail

A receiver requesting extraordinary-service fees above fifteen percent must mail notice of the hearing application, request, hearing date, and hearing place to all known creditors and shareholders.

When fees in excess of fifteen (15) percent are requested for extraordinary services, the receiver shall mail to all known creditors and/or shareholders, if any, a notice of the hearing on the application, the nature of the request, and the date and place of the hearing.

When property must be sold, notice stating the sale's time, place, and terms must be given to all claim-having creditors and interested stockholders.

When it becomes necessary to sell property, notice of the time, place, and terms of the sale shall be given to all creditors who have filed claims and to all stockholders who have an interest in the sale.

Applies to

Request for mediation

A Request for Mediation form must be served with the complaint in every new foreclosure action.

A "Request for Mediation" form will be served with the complaint in all new foreclosure actions.