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

CRITICAL

Applies to

Proposed legal notice

Service

Publication

Counsel seeking service by publication must submit the proposed notice to the Clerk, who must promptly publish it in a newspaper of general circulation upon compliance.

Counsel for a party desiring service by publication in a civil matter pursuant to Civil Rule 4.4(A)(1) shall submit to the Clerk of Courts the proposed legal notice for such publication. Upon compliance with this Rule, the Clerk shall promptly publish the notice in a newspaper of general circulation.

CRITICAL

Service

Publication

When the Plaintiff proceeds in forma pauperis and the Defendant’s residence is unknown in a divorce, annulment, or legal separation action, service must be by posting and mail as required by Civil Rule 4.4(A)(2).

In a divorce, annulment, or legal separation action, if the Plaintiff is proceeding in forma pauperis, and if the residence of the Defendant is unknown, service by publication shall be made by posting and mail as required by Civil Rule 4.4 (A)( 2).

CRITICAL

Applies to

Proposed legal notice

Service

Publication

Counsel seeking this form of service must submit the proposed notice to the Clerk, and the notice must state the time and place of the final hearing.

Counsel for a party desiring this service shall submit to the Clerk of Court the proposed legal notice for such publication. This notice shall include notice of the time and place of final hearing.

CRITICAL

Service

Publication

The Clerk must promptly post the notice at the designated courthouse and two public locations for six consecutive weeks, then docket when and where it was posted, at which point service is complete.

The Clerk shall promptly post the notice in a conspicuous place in the Courthouse of Darke County, Ohio and in two public areas of Darke County which might reasonably be believed to give notice of the proceedings as designated by Entry filed in the case based upon the request of the Plaintiff. This notice shall be posted in these required locations for six (6) consecutive weeks. Upon the completion of the six (6) weeks, the Clerk shall note on the docket when and where notice was posted, and service shall then be complete.

CRITICAL

Service

Publication

A request for service by posting and mailing under Civil Rule 4.4(A)(2) must be supported by sufficient filed affidavits and proof to satisfy the Court that the process should be permitted.

Where service by posting and mailing is requested pursuant to Civil Rule 4.4(A)(2), sufficient affidavits and proof shall be filed to satisfy the Court that process under Civil Rule 4.4 should be permitted.

CRITICAL

Service

Publication

When the Court approves service by posting and mailing, the Clerk must post the notice in the three specified courthouse, Juvenile/Probate Court, and Sheriff’s Criminal Justice Center locations.

When approved, service of notice shall be made by the Clerk of Courts by posting in the following places: (1) in the Clerk of Courts office of the courthouse; (2) in the lobby of the Juvenile/Probate Court via delivery to the Court’s Bailiff; and (3) in the lobby of the Darke County Sheriff’s Criminal Justice Center.

CRITICAL

Before submitting a proposed agreement for enforcement, counsel for the signing party must notify the other attorney at least three days before submission.

However, prior to submission to the court, counsel for the signing party shall notify the other attorney that the entry will be submitted to the Court at least 3 days after the notice.

CRITICAL

A copy of the application and hearing notice must be served on the other parties and counsel according to the Ohio Rules of Procedure.

A copy of the application and notice shall be served upon other parties and counsel in the manner provided for by the Ohio Rules of Procedure.

CRITICAL

Service

Mail

Upon filing the application and copies, the applicant must promptly mail one copy to each counsel of record, but one copy suffices when counsel represents multiple parties.

Upon the filing of the application and copies, the applicant shall forthwith mail one copy to each counsel of record in the case, except where several parties are represented by the same counsel, it shall be sufficient compliance herewith to mail one (1) copy to such counsel.

CRITICAL

The Guardian ad Litem must provide report copies to counsel of record, and further verbatim distribution in any format is prohibited.

Copies shall be provided by the Guardian ad Litem to counsel of record but any further distribution in verbatim format (paper, electronically, etc.) is prohibited.

CRITICAL

The plaintiff is subject to the temporary restraining orders as of filing, and each defendant is subject to them as of service.

The Plaintiff shall be restrained as of the date an action is filed, and the Defendant(s) shall be restrained as of the date of service.

CRITICAL

The Plaintiff’s attorney must furnish the restraining order to the Plaintiff in a divorce or legal separation action.

The attorney representing the Plaintiff in any divorce or legal separation action filed in this court shall furnish a copy of the restraining order to the Plaintiff, and as of signing the complaint, the Plaintiff shall be bound by the terms of this order.

CRITICAL

Applies to

Order

The order must be served simultaneously with the initial pleadings.

The attorney representing the Plaintiff shall prepare and file an order with the initial pleadings in conformity with this Rule so that the document is served simultaneously with initial pleadings.

CRITICAL

The attorney for the objecting party must give the Common Pleas Court a copy of any objections to the Magistrate’s Decision.

A copy of any objections to the Magistrate's Decision must be given to the Common Pleas Court by the attorney representing the objecting party.

CRITICAL

The sender must comply with Ohio Civil Rule 5 when providing notice to other parties or counsel.

The sending party shall comply with Ohio Rule of Civil Procedure 5 regarding notice to other parties / counsel.

CRITICAL

Applies to

Separately filed exhibit

A separately filed missing exhibit must be signed and served in accordance with the rules governing the signing and service of pleadings in this court.

Any exhibit filed in this manner shall be attached to a cover sheet containing the information required by Section D.1. above, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court. [See appendix for sample cover sheet.]

CRITICAL

Applies to

Exhibits

Documents and exhibits to be presented at a hearing must be provided to opposing counsel or parties and the Court before the hearing; providing them does not establish admissibility.

Exhibits: Provide any documents/exhibits that will be presented at the hearing shall be provided to opposing counsel / parties and the Court prior to the hearing. Providing the exhibit does not imply that rules for admissibility are satisfied.

WARNING

If service is not completed within six months as required by Civil Rule 4(E), the Court will notify counsel that the case will be dismissed unless service is obtained within the specified time.

If service is not completed within six (6) months as required by Civil Rule 4(E), the Court will serve notice on counsel that unless service is obtained within the specified time, the case will be dismissed.

WARNING

The Court sends notices and communications to the trial attorney by email or to the last address of record, and trial counsel must inform co-counsel and associate counsel of matters affecting the action.

D. Notices. All notices and communications from the Court with respect to an action will be sent to the trial attorney via electronic mail or to the last address of record. Trial counsel shall be responsible for notifying his or her co-counsel or associate counsel of all matters affecting the action.

WARNING

Service

Mail

Service of the reports is by regular mail unless another method is requested.

Service shall be by regular mail unless otherwise requested.

WARNING

Service

Mail

If the highest bidder fails to pay the purchase-price balance within 30 days after the sale, the Court may forfeit the deposit after written notice and five days after mailing for payment.

In the event that the highest bidder does not pay the balance of the purchase price within 30 days after the sale, the Court may declare the deposit to be forfeited, provided the highest bidder receives written notice of the intent to declare the deposit forfeited and is given five days after the mailing of the notice to pay the balance due.

WARNING

When publication is needed for service or sale advertising, counsel should seek the least expensive approved newspaper option, and absent good cause the Court may charge a higher publication cost to the proponent rather than the opposing party.

When publication is necessary for service of process, or for advertising the sale of real estate, pursuant to R.C. 2703.141 and R.C. 5721.18, efforts should be undertaken to minimize costs. Counsel is expected to contact local general circulation newspapers approved for publication to ascertain the least expensive alternative; if the least expensive alternative is not selected, unless good cause is shown, the Court reserves the right to assess the higher cost of publication against the proponent of the publication and not assess the higher cost to the opposing party.