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

Deadline

7 calendar days

Applies to

Notice of default hearing

Service

Mail to all parties

The movant must bring the affidavit of damages, prepared journal entry, and copy of the hearing notice letter sent by regular and certified mail 7 days before the hearing.

The movant must bring to the hearing the following: affidavit of damages, a prepared journal entry, and a copy of the letter sent regular and certified mail 7 days prior to the hearing date notifying all parties of the hearing and that failure to appear will result in judgment against them.

Deadline

7 calendar days

Trial briefs must be served and filed at least seven days before trial.

Trial briefs shall be delivered seven (7) days before trial.

Deadline

14 calendar days

Applies to

Proposed jury instructions interrogatories and verdict forms

Proposed jury instructions, interrogatories, and verdict forms must be served on the other parties at least 14 days before trial.

The parties must serve their proposed jury instructions, interrogatories, and verdict forms on each other at least fourteen (14) days before trial.

Proof of mailing must be presented at the default hearing.

Proof of mailing is required at the hearing.

Service

Mail to opposing party

A plaintiff must give written notice of the default hearing to all opposing parties by regular mail and certified mail, return receipt requested, at least five days before the hearing.

Plaintiffs are required to notify, in writing, all parties against whom default judgment is sought of the time and date of the default hearing by regular and certified mail, return receipt requested, at least five (5) days in advance of the hearing date.

Applies to

Proposed findings conclusions

Proposed findings of fact and conclusions of law must be served on opposing counsel no later than one week before trial.

In all non-jury cases, counsel for each of the parties shall prepare proposed Findings of Fact and Conclusions of Law, which shall be filed with the Court and served upon opposing counsel not later than one week before the date set for trial.

Applies to

Order motion pleading or other paper

Service on a nonresident pro hac vice attorney must also be made on local counsel, and service on local counsel is deemed service on the nonresident attorney.

Service of orders, motions, pleadings and any other papers upon the nonresident attorney shall also be served upon local counsel. Service of orders, motions, pleadings and any other papers upon local counsel shall be deemed service on the nonresident attorney.

Applies to

Continuance request

Every continuance request must be served on all parties.

All requests for continuances must be in the form of a motion, walked up to the 23A on the date of filing, and served on all parties.  Additionally, the request must be filed on or before the date of the existing deadline.

Applies to

Motion

Each criminal-motion filer is responsible for serving opposing counsel with a copy of the filed motion.

Each counsel is responsible for serving opposing counsel a copy of their filed motion.

Plaintiff must communicate the demand to defendant at least fourteen days before the final pretrial conference.

Plaintiff shall communicate a demand to the defendant at least 14 days prior to the final pretrial conference.

Service

Mail to opposing party

The moving party must send notice of the default hearing date and time to defendant by regular and certified mail no later than ten days before the hearing.

The moving party must provide notice of the default hearing date and time to defendant via regular and certified mail sent no later than 10 days prior to the hearing.

A default-judgment motion must be accompanied by proof of timely hearing notice and an affidavit of damages.

The moving party must provide the Court with proof of timely notice of the hearing and an affidavit of damages.

A response to a motion in limine may be served within 14 days after the motion is served.

Motions in Limine are due 28 days prior to the start of trial; any response may be served within 14 days after service of the motion.

The parties must serve their proposed jury instructions, interrogatories, and verdict forms on one another.

The parties must serve their proposed jury instructions, interrogatories, and verdict forms on each other.

Applies to

Default judgment

A motion for default judgment may be filed after service is perfected and the defendant has failed to answer or appear; the plaintiff must serve the motion on the defendant and provide an original affidavit of damages and a proposed default judgment entry.

May be filed after service has been perfected and defendant has failed to answer or otherwise appear; plaintiff is to serve the motion on defendant, and provide the court with an original affidavit of damages and proposed default judgment entry.

Applies to

Motion

The motion must be served on the Court and opposing counsel when it is filed.

Further, the Court orders that said Motion must be served upon the Court and opposing counsel on the date of filing.

Deadline

14 calendar days

Applies to

Settlement demand letter

At least 14 calendar days before final pretrial, plaintiff’s counsel must fax defendant’s counsel and the Court a settlement-demand letter containing the required liability summary, prevailing-case rationale, demand, and damages rationale with itemization.

Therefore, Plaintiff’s counsel is ordered to serve upon defendant(s) counsel and the Court via fax at (216) 348-4036, no less than 14 calendar days before the final pretrial, to- wit: on or before__________________________________, a letter which contains the following:

Applies to

Responsive settlement letter

At least 7 days before final pretrial, defendant’s counsel must fax plaintiff’s counsel and the Court a responsive letter identifying agreements and disagreements, stating a settlement offer, and explaining the offer with an itemization of each damages component.

Defendant(s) counsel is ordered to serve upon plaintiff(s) counsel and the Court via fax at (216) 348-4036 no less than 7 days before the final pretrial, to-wit: on or before ___________________________, a responsive letter which states the following:

Applies to

Documents briefs motions

Documents, briefs, and motions must be hand-delivered to the court and hand-delivered or faxed to opposing counsel on the day of filing, with the same filing made with the clerk; time limits are calculated on a calendar-day basis unless otherwise stated.

All time limitations are calculated on a calendar-day basis unless otherwise noted and all documents, briefs, motions, etc. referred to in this Order are to be hand-delivered to the Court and hand- delivered or faxed to opposing counsel on the day of filing same with the Clerk.

Applies to

Jury waiver

A jury-waiver request must be served on opposing counsel and the court at least 14 days before trial.

Any request for a jury waiver must be filed and served upon opposing counsel and the court no less than 14 days before trial.

Applies to

Trial brief

Counsel must exchange trial briefs with opposing counsel.

(Counsel are required to exchange trial briefs with opposing counsel.)

Applies to

Motion

Copies of motions in limine and motions to admit must be hand-delivered to the court and opposing counsel on the filing date.

Motions in Limine or Motions to Admit must be filed with the Court no less than seven (7) days before trial, and service copies are to be hand-delivered to the Court and opposing counsel on the day of filing.

Applies to

Response

Any response must be hand-delivered to the court and opposing counsel at least four days before trial.

Responses, if any, must be filed, and hand-delivered to the Court and opposing counsel no less than 4 days before trial.

Applies to

Exhibits

One copy of all exhibits must be furnished to the court and opposing counsel by the date specified in the order.

One (1) copy of all exhibits shall be furnished to the Court and to opposing counsel by_______________.

Applies to

Notice of intention to use videotaped testimony

A party intending to use videotaped testimony must simultaneously notify opposing counsel by hand-delivery or fax.

In addition, the party intending to use videotaped testimony at trial must simultaneously notify opposing counsel of his/her intention to do so by hand- delivery or fax.

Deadline

3 working days

Applies to

Deposition transcript

A party planning to read a deposition into evidence must deliver a copy to Judge Russo's bailiff at the specified Justice Center location no later than three working days before trial.

any party who plans to read a deposition into evidence shall serve this Court with a copy of said deposition transcript by delivering a copy of same directly to Judge Russo's Bailiff on the 18th floor of the Justice Center within three (3) working days before trial.

Applies to

Notice of intention to read deposition

Counsel must simultaneously notify opposing counsel by fax or hand-delivery when submitting a deposition transcript for reading into evidence.

Counsel shall simultaneously notify opposing counsel by fax or hand-delivery.

The motion must be served on the Court and opposing counsel on the filing date, and service may be completed by faxing a time-stamped copy to both.

2. Further, the Court orders that said Motion must be served upon the Court and opposing counsel on the date of filing. Counsel may perfect this service by faxing a time-stamped copy of the motion to the Court and opposing counsel.

Applies to

Settlement demand letter

Plaintiff's counsel must serve the required settlement-demand letter on defendant's counsel two weeks before the final pretrial.

Two weeks before the final pretrial, plaintiff's counsel is ordered to serve upon defendant(s) counsel, a letter which contains the following:

Applies to

Settlement offer response

Defendant's counsel must serve the required responsive settlement letter on plaintiff's counsel one week before the final pretrial.

One week before the Final Pretrial, Defendant(s) counsel is ordered to serve upon plaintiff(s) counsel, a responsive letter which states the following:

Opposing counsel must receive protective-order and motion-to-quash papers by filing date, with delivery permitted by hand or fax during normal working hours.

Further, written motions for protective orders and/or motions to quash must be timely filed with a courtesy copy hand-delivered or faxed to the Court and opposing counsel during normal working hours, on the date of filing.

Pending further notice, service may be completed by publication, an approved special process server, completed or refused-then-mailed FedEx, sheriff service, Secretary of State service, or a party or counsel waiver.

THE COURT FINDS THE FOLLOWING METHODS OF SERVICE ARE ACCEPTABLE AND PARTIES WISHING TO PERFECT SERVICE MAY DO SO UNDER THE APPLICABLE CIVIL RULE: 1. PUBLICATION 2. SPECIAL PROCESS SERVER (PRE-APPROVED BY JUDGE RUSSO) 3. FEDERAL EXPRESS (COMPLETED) 4. FEDERAL EXPRESS (REFUSED THEN REGULAR MAIL) 5. SHERIFF SERVICE 6. SECRETARY OF STATE SERVICE 7. A PARTY WAIVES SERVICE 8. COUNSEL WAIVES SERVICE

Service

Mail

Until further notice, USPS certified mail is acceptable only when the return contains a clear, legible signature as determined by the Court.

UNTIL FURTHER NOTICE, UNITED STATES POSTAL SERVICE CERTIFIED MAIL IS NO LONGER AN ACCEPTABLE MEANS OF SERVICE UNLESS THE CERTIIFED MAIL RETURN CONTAINS A CLEAR, LEGIBLE SIGNATURE, AS DETERMINED BY THE COURT.

Service

Mail

A missing or unclear signature, scribbled or COVID-marked return, signature stamp, or printed first and last name does not constitute good service; the plaintiff must reattempt service or face dismissal for failure to prosecute.

IN INSTANCES WHERE THE COURT CANNOT DISCERN A CLEAR, LEGIBLE SIGNATURE OR IF THE CERTIFIED MAIL RETURN IS "SCRIBBLED" OR MARKED "COVID 19" OR IS "STAMPED WITH A SIGNATURE" OR CONTAINS A "PRINTED FIRST INITIAL AND PRINTED LAST NAME," THE COURT WILL INDICATE THAT THIS IS NOT GOOD SERVICE AND PLAINTIFF MUST RE-ATTEMPT SERVICE OR FACE DISMISSAL FOR FAILURE TO PROSECUTE.

Service of the complaint must be made on each defendant within six months after filing the complaint or amended complaint, or the case may be dismissed without prejudice as to that defendant.

Pursuant to Civil Rule 4(E), if service of the complaint is not made upon a defendant within six months after the filing of the complaint, or amended complaint (if applicable), a case shall be dismissed as to that defendant without prejudice.

Before attempting service by a special process server, a party must first file a separate motion seeking appointment of the server directly with Judge Nancy Margaret Russo.

Parties wishing to perfect service by special process server in any given case must first file a separate motion to appoint a special process server directly with Judge Nancy Margaret Russo.

The court accepts publication, an approved special process server, completed or refused-then-regular-mail Federal Express, sheriff service, Secretary of State service, party waiver, and counsel waiver as methods for perfecting service.

The court finds the following methods of service are acceptable and parties wishing to perfect service may do so under the applicable Civil Rule: 1. Publication 2. Special Process Server (preapproved by Judge Russo, See Standing Order #13) 3. Federal Express (completed) 4. Federal Express (refused then regular mail) 5. Sheriff Service 6. Secretary of State Service 7. A party waives service 8. Counsel waives service

Service

Mail

Until further notice, Certified Mail is not acceptable for service unless the return contains a clear, legible signature as determined by the court.

Until further notice, United States Postal Service Certified Mail is no longer an acceptable means of service unless the Certifed Mail return contains a clear, legible signature, as determined by the court.

Service

Mail

A Certified Mail return that lacks a clear, legible signature, is scribbled, marked “Covid 19,” stamped with a signature, or contains only a printed first initial and last name is not good service, requiring the plaintiff to retry or face dismissal for failure to prosecute.

In instances where the court cannot discern a clear, legible signature or if the Certified Mail return is "scribbled" or marked "Covid 19" or is "stamped with a signature" or contains a "printed first initial and printed last name," the court will indicate that this is not good service and plaintiff must re-attempt service or face dismissal for failure to prosecute.

Applies to

Default judgment motion

The Plaintiff’s attorney must file an affidavit of service or proof of service on the defendants for the complaint.

Affidavit of service or proof of service to the Defendant(s) of the complaint;

Applies to

Notice of default hearing

The Plaintiff’s attorney must file proof of service on the defendants that includes the notice address and states the hearing information and possibility of judgment.

Proof of service to the Defendant(s), including the address to which the notice was sent, providing notification of the hearing date, time, and location, and the fact that there may be a judgment rendered against Defendant(s).

Applies to

Proof of valid service address

At the hearing, the Plaintiff must provide proof that the defendants’ service address is valid.

Plaintiff is required to provide proof at the time of hearing that the address where Defendant(s) has been served is a valid address.

Applies to

Case filing

Each pro se litigant is responsible for obtaining copies of all documents filed in the case.

The litigant is responsible for obtaining copies of all documents filed in this case.

Applies to

Notice of default hearing

Service

Mail to opposing party

Plaintiff must notify all opposing parties of the default hearing by regular and certified mail at least 14 days before the hearing.

Plaintiff to notify all parties against whom default judgment is sought of the time and date of the default hearing by regular and certified mail at least fourteen (14) days prior to the default hearing date.

Applies to

Notice of default hearing

Service

Mail to opposing party

The plaintiff must serve written notice of the default hearing and provide a certified-mail receipt, an ordinary-mail service affidavit, a military-status affidavit, and a proposed journal entry.

The Plaintiff is required to send written notice of the date and time of the hearing to the party against whom action is taken and shall provide the Court with proof that the notification letter was sent by virtue of a certified mail receipt and an affidavit of service via ordinary mail, an affidavit that a search has been conducted and that defendant is not a current member of the military, and a proposed journal entry.

Deadline

1 court days

Applies to

Proposed findings conclusions

In a civil case without a jury demand, the proposed findings of fact and conclusions of law must be served on opposing counsel no later than one week before the bench trial.

In all civil cases were a jury demand is not made, counsel for each of the parties shall prepare proposed Findings of Fact and Conclusions of Law, which shall be filed with the Court and served upon opposing counsel no later than one week prior to the scheduled bench trial.

Applies to

Default hearing notice

Service

Mail to all parties

The movant must cause a notice of the default hearing and the consequence of nonappearance to be sent to all parties by regular and certified mail seven days before the hearing.

The movant must submit to the Court the following: affidavit of damages, a prepared journal entry, and a copy of the letter sent regular and certified mail 7 days prior to the hearing date notifying all parties of the hearing and that failure to appear will result in judgment against them.

Applies to

Trial brief

Every party must serve a trial brief and file it with the court.

All parties are required to serve and file a trial brief which shall contain a statement of facts and legal issues, statement of real factual and legal issues in dispute, stipulations, list of non-expert trial witnesses with a brief summary of expected testimony, list of expert trial witnesses with reports attached, special legal problems anticipated, estimated length of trial, pretrial motions contemplated, special equipment needs for trial.

Plaintiffs in foreclosure, quiet-title, and partition cases must perfect service under Civ.R. 4(E) and commence the cases under Civ.R. 3.

Plaintiffs are to perfect service of process in compliance with Civ.R. 4(E) and properly commence cases pursuant to Civ.R. 3.

Applies to

Discovery requests

Requests for document production and interrogatories must be served before the case-management conference.

Requests for production of documents and interrogatories must be served prior to the Case Management Conference.

Applies to

Motion

Counsel may perfect service by faxing a time-stamped motion to the Court at 216-348-4036 and opposing counsel on the filing date.

Counsel may perfect this service by faxing a time-stamped copy of the motion to the Court (216-348-4036) and opposing counsel on the date of filing.

Applies to

Filing

The Court does not send filing copies to pro se litigants.

The Court will not send copies of filings to pro se litigants.

Applies to

Notice of default hearing

Service

Mail to opposing party

If the contract and current records show different defendant addresses, plaintiff should send notice of the default hearing to both known addresses.

If the underlying contract from which the complaint originates and plaintiff’s current records reflect different addresses for the defendant, the court requests plaintiff send notice of the scheduled default hearing to both known addresses.