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

CRITICAL

Applies to

Continuance motion notice

Notice of a continuance motion must be served on opposing counsel, or on the defendant if the defendant is unrepresented and the prosecutor filed the motion; opposing counsel may promptly file an affidavit in opposition.

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.

CRITICAL

Service

Mail

The party requesting a judicial sale must promptly mail notice of its time, date, and location to record owners and other interested parties entitled to notice, subject to the stated publication exceptions.

A. Notice of Sale: In every action 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, by ordinary U.S. mail, notice of the time, date, and location of the Sheriff's sale to the record owners 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. The record owners of the real estate shall be noticed by ordinary U.S. 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. No other parties to the proceeding in default of answer need be served with notice of sale except by publication as provided by O.R.C. Sections 2329.26 and 2329.27. Failure to provide timely notice to interested parties shall constitute grounds for denying confirmation of the sale.

CRITICAL

Electronic filing does not eliminate the requirement to serve opposing counsel or parties as required by the Civil Rules.

The availability and utilization of electronic filing shall not serve to eliminate any requirements to serve opposing counsel or parties with filing pursuant to the Rules of Civil Procedure.

CRITICAL

If the United States is named as a defendant because of IRS liens, service must be requested on both the U.S. Attorney General and the U.S. Attorney for the Southern District of Ohio.

12.0) If the United States of America is named a defendant because of IRS liens, service has been requested upon both the Att. Gen. of the U. S. and upon the U. S. Attorney for the S. Dist. of Ohio in accordance with 28 U.S.C. 2410.

CRITICAL

Counsel must submit the prepared entry or decision to opposing counsel for review.

Unless the Judge or Magistrate otherwise directs, counsel for the party in whose favor an order, decree, judgment or decision is rendered, shall within fourteen (14) days thereafter prepare the proper entry and/or decision and submit it to opposing counsel who shall approve or reject it within three (3) days after its receipt and who may file objections with the Court.

CRITICAL

By law, an affidavit must be filed and served with the first pleading filed by each party in every parenting (custody/visitation) proceeding in this Court, including Dissolutions, Divorces and Domestic Violence Petitions.

By law, an affidavit must be filed and served with the first pleading filed by each party in every parenting (custody/visitation) proceeding in this Court, including Dissolutions, Divorces and Domestic Violence Petitions.

CRITICAL

Each party must provide the other party specific asset and income information by the discovery cutoff date set at pretrial.

Pursuant to Local Rule 3.03(B), each party must give the other party specific information regarding assets and income by the discovery cutoff date designated at pretrial.

CRITICAL

Applies to

Notice

The notice of the first pretrial hearing must be served with the summons.

Said hearing shall be inserted in the proper notice and served with the summons.

CRITICAL

Applies to

Complaint or third party complaint

Service

Court service

The Clerk must issue a summons and serve the complaint or third-party complaint according to the filing party's service instructions.

Consistent with Ohio Rules of Civil Procedure, 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.

CRITICAL

Serve all filings subsequent to the Complaint at a proper address for each party or appearing counsel, except for parties served by publication.

B. Except parties served by publication, I have served all filings subsequent to the service of the Complaint at a proper address for all parties or, if counsel has entered an appearance for a party, a proper address for that party's counsel.

CRITICAL

A party or counsel seeking a transcript must serve a copy of the request on the responsible court reporter.

- b. Served a copy of the request upon the court reporter who is responsible for the preparation of the transcript; and

CRITICAL

If an emergency-hearing request is approved, the hearing must be set for the first available date at least seven days after service.

If approved, the Assignment Commissioner will set the motion for the first available hearing date, at least seven (7) days after service.

CRITICAL

A motion to require a spouse to leave the established home requires a hearing after notice to the opposing party, unless urgent need to protect the movant or the movant’s minor children is demonstrated to the judge or magistrate.

Motions for an order requiring a spouse to move from the established home of the parties shall not be granted without a hearing after notice to the opposing party, unless there is demonstrated to the Judge/Magistrate that there is urgent need for an immediate order to protect the physical well being of the movant or minor children of the movant.

CRITICAL

Applies to

Motion and affidavit

Service

Court service

When the Motion and Affidavit are filed with the Complaint, request that the Clerk serve them with the Complaint and Summons.

If this Motion and Affidavit are included with filing of the Complaint, request Clerk to serve with Complaint and Summons.

CRITICAL

Proof of service must be made for all documents required or permitted to be served in compliance with the cited civil and criminal rules.

Proof of service of all documents required or permitted to be served shall be made in compliance with Civ. R. 5 and Crim. R.49(C).

CRITICAL

Each parent must give the other written notice at least 30 days before intending to change an address or phone number, by certified mail with return receipt or hand delivery, unless a restrictive order has been obtained.

Both parents shall give written notice to the other parent at least 30 days prior to any intent to change address or phone number unless a restrictive order has been obtained from the Court (notice must be sent certified mail with return receipt or hand delivered by one party to the other).

CRITICAL

Applies to

Mutual restraining order

The standard Mutual Restraining Order must be served on the Plaintiff when the Complaint is filed.

These restraints shall be imposed by the Court's standard Mutual Restraining Order (attached to Appendix 6) which shall be served upon the Plaintiff upon filing the Complaint and shall be served upon Defendant along with summons.

CRITICAL

The filer, not the Clerk, is responsible for serving documents filed after the original complaint on all parties or their attorneys.

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

CRITICAL

A copy of the relocation notice must be provided to the specified Clerk of Courts.

A copy of the notice shall be provided to the Clerk of Courts, Clinton County Court of Common Pleas, Clinton County Courthouse, Wilmington, Ohio 45177.

CRITICAL

Applies to

Order to attend educational seminar

The seminar-attendance order must be served on the Defendant together with the Complaint.

This order shall be served upon the Defendant, together with the Complaint.

CRITICAL

A copy of comments or complaints submitted to the Court must be provided to the subject GAL.

A copy of comments or complaints submitted to the Court shall be provided to the Guardian Ad Litem who is the subject of the complaint or comment.

CRITICAL

Applies to

Guardian ad litem appointment motion

A party requesting appointment of a GAL must serve the other party under the Ohio Rules of Civil Procedure, unless making an oral motion during a pretrial hearing.

A party requesting appointment of a GAL must file a motion, set the matter for hearing and serve the other party pursuant to the Ohio Rules of Civil Procedure (unless an oral motion is made during a pretrial hearing).

CRITICAL

All other parties must receive notice of subpoena issuance in accordance with Civil Rule 45(A)(3).

Notice of issuance of subpoenas shall be given to all other parties in accordance with Civ. R. 45(A)(3).

CRITICAL

If an ex parte order denies or restricts parenting time, the restrained parent must be served with notice of the restriction and the emergency hearing.

If parenting time is denied or restricted by an ex parte order, notice of the restriction and notice of an emergency hearing shall be served upon the restrained parent.

CRITICAL

Applies to

Certificate of service

Certificates of service must comply with Ohio Civil Rules 4 and 5.

Certificate of service shall be made in accordance with Ohio Civil Rule 4 and 5.

CRITICAL

Electronic filing does not eliminate the requirement to serve opposing counsel or parties as required by the Rules of Civil Procedure.

The availability and utilization of electronic filing shall not serve to eliminate any requirements to serve opposing counsel or parties with filing pursuant to the Rules of Civil Procedure.

CRITICAL

Applies to

Default hearing notice

Service

Mail to all parties

Default-hearing notice must be sent by regular mail to parties in default at least seven days before the hearing, unless an unknown or unascertainable address is attested to in counsel’s filed affidavit.

In any case in which the defendant is in default for answer or other pleading, the matter may be set as a default hearing with notice to be given by regular mail, to all parties in default, at least seven (7) days prior to the date of said hearing. If the address of any party is unknown or cannot be ascertained with reasonable diligence, notice will be dispensed with upon filing of an affidavit of counsel attesting to such fact.

CRITICAL

If a Preliminary or Supplemental Certificate of Title shows that necessary parties were not made defendants, the filing attorney must promptly cause them to be added and served.

Where either a Preliminary or a Supplemental Certificate of Title indicates that necessary parties have not been made defendants, the attorney for the party filing the same shall proceed without delay to cause such new parties to be added and served.

CRITICAL

Service

Mail to all parties

The Assignment Commissioner must mail notice of trial assignment to each counsel and to unrepresented parties at least three weeks before trial.

Notice of trial assignment shall be by mail to each counsel and to all parties not represented by counsel at least three weeks prior to the trial date by the Assignment Commissioner.

CRITICAL

All motions must be served in accordance with the Civil Rules.

All motions must be served in accordance with the Civil Rules.

CRITICAL

Service may be perfected by posting and mailing; after the required affidavits are filed, the Clerk must post notice at the specified locations for six consecutive weeks, the required complaint and summons mailings must be completed, and service is complete when the Clerk records where and when the notice was posted.

In compliance with Civil Rule 4.4(A)(2), service of process may be perfected by a combination of posting and mailing. Upon the filing of the affidavits required by Civil Rule 4.4(A), the Clerk of Courts shall make service by posting the proper notice as follows: The front door of the Clinton County Courthouse; the Child Support Enforcement Agency located on S. South Street (Wilmington); and the Clinton County Administration Building located on Sugartree Street (Wilmington). The notices shall be posted for six consecutive weeks. Mailings of the complaint and summons required in Civil Rule 4.4(A)(2) must also be completed. Service is complete when the Clerk notes on the docket where and when notice was posted.

CRITICAL

Service

Publication

After the last publication, the publisher must file an affidavit of publication and a copy of the notice; the affidavit and exhibits constitute proof of service.

Upon completion of the last publication of service, the publisher shall file with the Court an affidavit showing the fact of publication, together with a copy of the notice of publication. The affidavit and its exhibits shall constitute proof of service.

CRITICAL

Service

Mail to all parties

Copies of the evaluator's report must be mailed to each party's counsel or, if a party is unrepresented, to that party.

with copies mailed to counsel for each party, or to a party if unrepresented.

CRITICAL

Service

Publication

The party responsible for service by publication must ensure publication is completed, including selecting and administering the means of publication.

In all cases when service of process is to be accomplished by publication, it shall be the responsibility of the party to insure that the publication is accomplished, including the selection of the means of publication and administration of the publication.

CRITICAL

Applies to

Attorney fee affidavit

The attorney-fee affidavit must be submitted to opposing counsel at least two days before the final hearing.

The affidavit must be submitted to opposing counsel at least two (2) days before the final hearing.

CRITICAL

Applies to

Complaint

Service

Court service

the Clerk shall issue a summons and serve the complaint or third-

the Clerk shall issue a summons and serve the complaint or third-

CRITICAL

The submitting party is responsible for ensuring each document is properly received, docketed, and served.

Ultimately, it shall be the submitting party's responsibility to ensure all documents are properly received, docketed, and served.

CRITICAL

A party intending to call the GAL must subpoena the GAL at least 7 days before trial; the GAL need not appear if not subpoenaed.

If either party intends to call the GAL as a witness, such party shall subpoena the GAL at least seven (7) days prior to trial. Unless subpoenaed, the GAL need not appear at trial.

CRITICAL

The parties and counsel must exchange all discovery required by Appendix 8 before the discovery cutoff date set at pretrial.

A discovery cutoff date shall be set at pretrial. Parties (if unrepresented) and counsel shall exchange all discovery as required in Appendix 8 attached to these rules prior to said cutoff date.

CRITICAL

Service

Court service

After an order or entry is signed and filed, the Court or Clerk must serve copies.

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

CRITICAL

Proof of service must be made for all documents required or permitted to be served, in compliance with the cited civil and criminal rules.

Proof of service of all documents required or permitted to be served shall be made in compliance with Civ. R. 5 and Crim. R.49(C).

CRITICAL

Applies to

Motion and affidavit

Service

Mail

When filed after the Complaint has been served, serve the Motion and Affidavit by regular mail.

If this Motion and Affidavit are filed after Complaint is served, add Certificate of Service for service by regular mail.

CRITICAL

Applies to

Entries and orders

Service

Court service

After an order or entry is signed and filed, the Court or Clerk must serve copies.

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

CRITICAL

The filer, not the Clerk, must serve documents filed after the original complaint on all parties or their attorneys.

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

CRITICAL

Service must be perfected on all named defendants.

A. Service has been perfected on all named defendants.

CRITICAL

Applies to

Motion

All motions must be served in accordance with the Ohio Rules of Civil Procedure.

All motions shall contain a notice of the date and time of hearing and shall be served in accordance with the Ohio Rules of Civil Procedure.

WARNING

The Court must provide written reports to parties or counsel at the GAL report hearing or at least 14 days before trial.

Written reports shall be provided to parties and/or counsel by the Court at the GAL report hearing or at least fourteen (14) days prior to trial.

WARNING

Written agreements must be forwarded to counsel and a copy given to the parties.

Any written agreements shall be forwarded to counsel and a copy given to the parties.

WARNING

The Clerk is instructed to provide a copy to the Plaintiff under the Civil Rules and a copy to the Defendant with the summons.

Instructions to the Clerk: Copy to Plaintiff per Civil Rules, copy to Defendant with summons.

WARNING

Service

Court service to opposing party

Unless a restrictive order has been issued or requested, the Court will send the other parent a copy of the Notice.

Unless a restrictive order has been issued, or is requested, the Court will send a copy of the Notice to the other parent.