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

Documents filed electronically must be served in accordance with Federal Rules of Civil Procedure 5 and Criminal Procedure 49.

(i) Documents filed electronically with the clerk must be served in accordance with Civ.R. 5 and Crim.R. 49.

Applies to

E filed document

Service

Mail to all parties

An e-filer must serve paper copies on parties or counsel who do not receive the court’s electronic filing notification.

As a result, any e-filer must serve a paper copy of the e- filed document on all parties to the case or their counsel to whom the clerk’s e-filing system does not send the Notification of Electronic Filing.

Service

Electronic service

An electronic filing notice together with the required proof of service constitutes service under the applicable Civil and Criminal Rules.

The automatic electronic notice, in conjunction with the required proof of service, will constitute service under Civ.R. 5 and Crim.R. 49.

Applies to

Judgment entries and orders

Service

Electronic service

Court judgment entries and orders will generally be electronically served through the e-filing system to appearing attorneys who have supplied email addresses, unless statute or rule requires otherwise.

Except where required by statute or rule, judgment entries and orders from the court will be electronically served using the email address on file to any attorneys who have already entered an appearance in the case and provided their email addresses.

The filing party must provide proof of service for every document requiring service.

Proof of service of all documents required to be served must be provided by the filing party in compliance with Civ.R. 5(B)(4) and Crim.R. 49.

Service

Electronic service

Electronic service is complete when the clerk’s e-filing system generates the Notification of Electronic Filing.

For parties or their counsel who receive the Notification of Electronic Filing, service is complete at the time the Notification of Electronic Filing is generated by the clerk’s e-filing system.

Applies to

Motion to withdraw

The motion to withdraw must be served on the client, and notice must be provided to all counsel or, for unrepresented parties, to the parties.

(1) Notice has been given to the client advising the client of all orders and all upcoming assignment dates affecting the client; (2) The motion to withdraw is served on the client; and (3) Notice has been given to all counsel, or if unrepresented, notice has been given to the parties.

Applies to

Amended case schedule

The Amended Case Schedule must be served promptly on all other parties.

If the case schedule is modified on motion of a party, that party must prepare and present to the judge for signature an “Amended Case Schedule,” which must be promptly filed and served on all other parties.

Applies to

Entered receivership order

The party submitting an entered receivership order must serve it on the receiver or receiver’s counsel and specified parties, then file proof of service.

The party who submitted a proposed order entered by the court is responsible for serving it upon the receiver or receiver’s counsel and upon all parties who have appeared, or for whom service of process remains underway. Proof of service must be filed by the party making service.

Applies to

Receivership plan and report

Each receiver’s plan and report must be filed with the clerk and served on all parties who have appeared or for whom service remains pending.

Copies of each receiver’s plan and report must be filed with the clerk, with service upon all parties who have made an appearance or for whom service remains pending.

If necessary parties were not made defendants, the attorney must promptly add them and serve a copy of the complaint under the Ohio Rules of Civil Procedure.

Where the evidence of title indicates that a necessary party or parties have not been made defendants, the attorney for the party submitting the judgment decree should proceed without delay to cause those new parties to be added and must serve a copy of the complaint in accordance with the Ohio Rules of Civil Procedure.

Service

Court service to all parties

The clerk must send notice of bail forfeiture to the defendant and surety using a court-approved form.

Notice of bail forfeiture will be sent by the clerk to the defendant and to the surety in a form as may be approved by the court.

Applies to

Proposed confirmation entry

Service

Mail to all parties

The proposed sale-confirmation entry must be served by regular mail on all parties or attorneys of record within seven days after filing the return on sale.

The plaintiff’s attorney must prepare and deliver a proposed entry confirming the sale to the court for signature, and must serve copies upon all parties or their attorneys of record by regular mail, within seven days after the filing of the return on sale.

Applies to

Summons

Service

Personal service to opposing party

When process is requested by summons, the sheriff must serve the defendant with the judgment entry scheduling arraignment and the notice of the right to appointed counsel when the indictment and summons are served.

(A) In all cases in which the prosecuting attorney has requested service of process to be accomplished by means of a summons, the sheriff will serve a copy of the judgment entry scheduling the arraignment and the notice of the right to appointed counsel upon the defendant at the time of the service of the indictment and summons.

Applies to

Jury service notice

Service

Mail

The jury-service notice must be delivered by ordinary mail, explain when and how to respond, and state the consequences of failing to respond.

The notice will be delivered by ordinary mail and will clearly explain how and when the recipient must respond. The notice will also explain the consequences of failure to respond.

Applies to

Return of service

When a pleading is left with a suitable-age person other than the intended recipient, the return must be marked as residential service.

If a pleading is left with a person of a suitable age other than the person to be served, then return is marked as “residential service,”

Applies to

Return of service

Service

Personal service

When the pleading is left with the intended recipient, the return must be marked as personal service.

if the pleading is left with the individual to be served, then the return is marked as “personal service.”

Service

Electronic service

Registration as an e-filer constitutes consent to receive electronic service of other registered e-filers' pleadings and court orders.

Registration as an e-filer constitutes consent to accept electronic service of any pleadings filed by other registered e-filers as well as any orders issued by the court.

Service

Electronic service

After appearing, a party must provide an email address, and subsequent service should be electronic when possible.

(ii) Once a party has entered an appearance in the case, the party must furnish his or her email address, and service thereafter should be made electronically when possible.

Service

Electronic service

When a submission is deemed filed, the system sends electronic-filing notices to the filer, registered users, and parties who supplied an email address, but not to unregistered parties or counsel who have not provided an email address.

(iv) Automated Service. When a submission is deemed filed, the clerk’s e-filing system will generate a Notification of Electronic Filing to the e-filer and any other party to the case or their counsel who is a registered user of the clerk’s e-filing system. Parties who have listed an email address on prior court filings will also receive the Notification of Electronic Filing. Parties to the case or their counsel who are not registered with the clerk’s e-filing system or who have not provided an email address on court filings will not receive a Notice

Service

Mail

Mail-served parties receive the additional response time under the specified rules, while recipients of electronic filing notices do not receive that additional time.

Parties who do not receive the Notification of Electronic Filing and who are served by regular U.S. mail will have additional time to respond as provided by Civ.R. 6(D) or Crim.R. 45(E). Parties who receive the Notification of Electronic Filing are not entitled to the additional time to respond provided by Civ.R. 6(D) or Crim.R. 45(E).

Applies to

Case schedule

A party joining additional parties must serve each additional party with the existing case schedule, if one exists.

(B) Service of Case Schedule on Additional Parties upon Joinder A party who joins an additional party or parties will be responsible for serving the additional party or parties with the existing case schedule, if any.

Applies to

Presentence investigation report

Service

Court service

If a presentence-investigation report is prepared, it must be sent to the judge and made available to defense counsel, an unrepresented defendant, and the prosecuting attorney.

If a presentence-investigation report is prepared, it will be sent to the judge and made available for review by defense counsel (or by the defendant if he is unrepresented) and the prosecuting attorney.

Applies to

Notice of drawing of jurors

Service

Publication

Jury commissioners must publish a Notice of Drawing of Jurors in a newspaper of general circulation at least six days before the random selection of prospective jurors.

(C) At least six days prior to the random selection of prospective jurors for each part of the Annual Term of court, jury commissioners will publish a Notice of Drawing of Jurors in a newspaper of general circulation in Delaware County.

Applies to

Written notice of drawing of jurors

At least six days before random juror selection, written notice must be served on the clerk of courts and the administrative judge unless a signed waiver is executed and filed with the clerk.

(D) At least six days prior to the random selection of prospective jurors for each part of the Annual Term of court, Written Notice of the Drawing of Jurors will be served on the clerk of courts of the Delaware County Court of Common Pleas and the administrative judge of the General Division of the Delaware County Court of Common Pleas, unless a signed waiver is executed and filed with the clerk of courts.

Applies to

Summons to serve as a juror

Service

Mail

Immediately after random juror selection, the Jury Office must mail each selected General Division juror a summons and the listed accompanying materials, including a stamped return envelope.

(A) Immediately following the random selection of prospective jurors for each part of the Annual Term of Court, the Jury Office will mail a Summons to Serve as a Juror with a return service including Juror Questionnaires, Request for Excuse Form, Juror Information Sheets, Report Dates, Maps, Parking Pass, and a stamped self-addressed return envelope to each prospective juror selected for service in the General Division of the Court of Common Pleas of Delaware County.