Franklin County Court of Common Pleas Service and Proof of Service Rules

Applies to

Pleading motion brief memorandum or written argument

Every pleading, motion, brief, memorandum, or written argument filed with the Court or a judge must be served on all opposing counsel and all unrepresented parties.

19.01 Every pleading, motion, brief, memorandum, or argument in writing filed with the Court or a judge shall be served upon all opposing counsel and upon all parties not represented by counsel.

Applies to

Notice of final decision

Service

Court service

The Clerk must notify each petitioner of the final decision and provide a copy of the Judgment Entry.

The Clerk shall provide notice to each petitioner of the court's final decision together with a copy of the Judgment Entry.

Applies to

Cqe disposition notice

The Probation Department must notify the ODRC of the disposition of each CQE Petition as required by the Ohio Administrative Code.

The Probation Department shall notify the ODRC of disposition of each CQE Petition as required under applicable provisions of the Ohio Administrative Code.

Deadline

14 calendar days

Applies to

Documentary evidence

Written or documentary evidence must be served on adverse parties or their counsel at least 14 days before the hearing unless counsel agrees otherwise; failure may support exclusion only when it unfairly surprises or prejudices the non-offering party.

B. All written or documentary evidence as listed above must be served upon the adverse parties or their counsel at least fourteen (14) days before the hearing, unless counsel otherwise agrees. Failure to give such notice or serve that evidence upon opposing parties can be sufficient grounds for exclusion of the evidence, at the discretion of the chairperson. The chairperson shall not exclude evidence unless it unfairly surprises the non-offering party or otherwise unfairly prejudices the non-offering party.

Applies to

Report and award

Copies of the Report and Award must be mailed or otherwise forwarded to all parties or counsel on the same day it is filed.

Within thirty (30) days after the hearing, the chairperson shall file a Report and Award with the Clerk and the Arbitration Clerk, and on the same day shall mail or otherwise forward copies to all parties or their counsel.

Applies to

Notice of appeal

The appellant must serve copies of the notice of appeal and affidavit on all parties or their counsel and on the Arbitration Clerk.

The appellant shall serve a copy of the notice of appeal and affidavit upon all parties or their counsel and the Arbitration Clerk.

Deadline

3 calendar days

Applies to

Exceptions

Service

Personal service

Copies of filed exceptions must be served on each arbitrator within three days after filing and then assigned for hearing.

Copies of the exceptions shall be served upon each arbitrator within three (3) days after filing and shall be forthwith assigned for hearing before the Administrative Judge or a judge assigned by him or her to conduct a hearing.

Deadline

10 business days

Applies to

Motion

Service

Electronic service to all parties

Default-judgment motions must be served by e-filing or ordinary mail on all parties who have appeared or defended at least ten business days before the default-judgment entry is e-filed.

55.02. A party entitled to judgment by default shall promptly apply for it following the date on which the defaulting party should have plead or otherwise defended. Motions for default judgment must be served by e-filing or ordinary mail upon all parties that have appeared or otherwise defended no less than ten (10) business days before counsel tenders a default judgment entry by e-filing to the court.

Applies to

Judgment entry

Service

Mail to all parties

Judgment entries must be prepared by the clerk’s office, signed by the court, and served by regular mail on the defendant and the surety or other bond responsible parties.

Judgment entries referred to in this rule shall be prepared by the clerk’s office, signed by the Court and served by regular mail upon both the defendant at his last known address and upon the surety and/or other persons responsible on the bond.

Service

Mail

The Court must notify the surety in writing by regular mail within five (5) business days of revocation; until full payment, the surety may not execute bonds before the Court.

The Court shall notify the surety in writing, by regular mail, within five (5) business days of the revocation, after which the revocation becomes effective. Until payment is made in full, the surety will no longer be permitted to execute bonds before this Court.

Applies to

Application

Every application must be served on the County Prosecutor.

All Applications must be served upon the County Prosecutor.

Applies to

Hearing notice

Notice of the time and place of an urgent equitable-relief hearing must be served on the adverse party or the party's counsel.

Notice of the time and place of the hearing shall be served upon the adverse party or their counsel.

Interrogatories, requests for production or inspection, and requests for admissions must be served under the corresponding Civil Rules but should not be filed with the court.

Interrogatories under Civ. R. 33, requests for production or inspection under Civ. R. 34, and requests for admissions under Civ. R. 36 shall be served upon other counsel or parties in accordance with those rules but shall not be filed with the Court.

Applies to

Motion to dismiss

The redeeming party must serve the motion to dismiss on all counsel of record and pro se parties.

the redeeming party shall file with the court, and serve upon all counsel of record and/or pros se parties, a motion to dismiss

Applies to

Evidence

The prosecutor must serve the evidence referred to in paragraph (1) above on the treasurer.

The prosecutor shall serve evidence referred to in paragraph (1) above upon the treasurer

Notice of the hearing's time and place must be served on the adverse party or the party's counsel.

Notice of the time and place of the hearing shall be served upon the adverse party or their counsel.

Interrogatories, requests for production or inspection, and requests for admissions must be served on other counsel or parties under the applicable civil rules and must not be filed with the Court.

Interrogatories under Civ. R. 33, requests for production or inspection under Civ. R. 34, and requests for admissions under Civ. R. 36 shall be served upon other counsel or parties in accordance with those rules but shall not be filed with the Court.

Service

Publication

Non-delivery of mail notification does not excuse counsel’s non-appearance when notice was also published in the Case Schedule or Daily Reporter.

17.02 Where mail notification is provided for by these rules, or is otherwise given, non-delivery of mail notification shall not excuse the non-appearance of counsel where notice has also been given by publication in the Case Schedule or the Daily Reporter as provided by Loc. R. 17.01.

Applies to

Original case schedule

Service

Court service to opposing party

The Clerk must serve the Original Case Schedule on each defendant together with the pleading and summons.

The Clerk shall serve a copy of the Original Case Schedule on the defendant(s) along with copies of the pleading and summons.

Applies to

Original case schedule

Counsel or parties using the Waiver of Service procedure must deliver the Original Case Schedule with the other documents required by Civil Rule 4.7(A)(3).

Counsel or parties using Wavier of Service procedure shall deliver a copy of the Original Case Schedule along with the other documents identified in Civ. R. 4.7(A)(3).

Applies to

Case schedule

Service

Court service to opposing party

The Clerk must serve the Case Schedule on each defendant together with copies of the pleading and summons.

The Clerk shall serve a copy of the Case Schedule on the defendant(s) along with copies of the pleading and summons.

Applies to

Case schedule

A party bringing in an additional party is responsible for serving the new party with the current Case Schedule.

A party joining an additional party shall be responsible for also serving the new party with the current Case Schedule.

Applies to

Motion to modify trial assignment date

A copy of the motion to modify the trial assignment date must be served on all counsel and any unrepresented party in every case.

In all cases, a copy of the "Motion To Modify The Trial Assignment Date" shall be served upon all counsel and any party not represented by counsel.

Applies to

Entry modifying trial assignment date

Copies of a party-requested Entry Modifying Trial Assignment Date must be served on all counsel, any unrepresented party, and the Assignment Commissioner.

with copies served upon all counsel, any party not represented by counsel, and the Assignment Commissioner.

Applies to

Amended case schedule

Copies of the Amended Case Schedule must be served on all counsel, unrepresented parties, and the Assignment Commissioner.

When a party files an "Entry Modifying Trial Assignment Date", the moving party shall also prepare and file, if necessary, an "Amended Case Schedule", signed by the Trial Judge, with copies served on all counsel, parties not represented by counsel, and the Assignment Commissioner.

Applies to

Entry modifying trial assignment date

Service

Mail to all parties

A court-initiated Entry Modifying Trial Assignment Date must be mailed to all parties within five days.

If the modification of the Trial Assignment Date is initiated by the Trial Judge, the Court shall prepare and file the "Entry Modifying Trial Assignment Date" and mail it within five days to all parties.

Applies to

Amended case schedule

Service

Mail to all parties

For a trial assignment date change initiated by the trial judge, the Court must mail the Amended Case Schedule to all parties.

If the Trial Assignment Date is changed on the Trial Judge's own initiative, the Court shall prepare, file, and mail to all parties an "Amended Case Schedule".

Applies to

Summons

In real property foreclosure cases, the Franklin County Treasurer must be served with summons but ordinarily need not move or plead to preserve the statutory lien claim, even if the Treasurer is not named as a party.

The Treasurer shall be served with summons but thereafter need not move or plead to the complaint in order to preserve the statutory right to claim unpaid taxes, penalties, or other relief as the first and best lien (hereinafter collectively called “Taxes”). This Local Rule applies to all real property foreclosure actions filed in this court even if the Treasurer is not named as a party.

Service

Court service

The written status-conference order must be served on all counsel.

The Trial Judge or other official at the request of any party shall, prepare or cause to be prepared, a written order reciting the action taken at the status conference, which shall be filed and served on all counsel.

A final written pretrial order may be prepared by the Trial Judge and must be prepared at any party’s request, filed, and served on all counsel.

The Trial Judge may, and at the request of any party shall, prepare or cause to be prepared, a final written pretrial order reciting the action taken at the final pretrial conference, which shall be filed and served on all counsel.

Applies to

Post conviction petition

The Clerk must provide written notice to the Prosecuting Attorney when a post-conviction petition is filed.

Upon the filing of a petition the Clerk shall issue written notice to the Prosecuting Attorney.

Applies to

Entered order

Unless the court has already served an entered order through the e-filing system, the party that submitted or approved the proposed order must serve it on the receiver or receiver's counsel and on all parties who have appeared or are still being served.

Unless it is clear that service has already been made by the court using the e-filing system, the party who submitted or approved 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.

Applies to

Entered order

The party making service of an entered order must file proof of service.

Proof of service must be filed by the party making service.

Applies to

Receivership plan and report

Each receivership plan and report must be filed with the clerk and served on every party who has appeared or for whom service remains pending.

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

Applies to

Notice of intent to sell or lease property

Unless the court orders otherwise, the receiver must serve notice of the intent and proposed terms for selling or leasing all receivership property on every party and every person known to have an interest in the property.

Unless otherwise ordered, a receiver shall serve notice of the receiver’s intent to sell or lease receivership property and the terms of such proposed sale or lease for all property. Notice shall be given to all parties in the action and all persons known to have an interest in the property to be sold or leased.

Applies to

Fee application

The filer must provide written notice of each fee application to every party that has appeared.

Fee applications shall be made in writing, with notice to all parties that have appeared.

Applies to

Discovery responses

All responses to discovery must be served before the discovery cut-off date.

The parties agree to schedule their discovery in such a way as to require all responses to discovery to be served prior to the cut-off date

If title evidence shows that necessary parties were not made defendants, the attorney must promptly add and serve those parties with the complaint under the Ohio Rules of Civil Procedure.

Where the evidence of title indicates that necessary party or parties have not been made defendants, the attorney for the party submitting the said Judgment Decree shall proceed without delay to cause such new parties to be added and served a copy of the Complaint in accordance with the Ohio Rules of Civil Procedure.

Applies to

Cqe notification

Service

Mail

The Probation Department may send CQE notifications to other courts or prosecutors by ordinary U.S. mail or electronically.

CQE notification to other courts or prosecutors shall be sent via ordinary U.S. mail or by electronic means, as the Probation Department deems expedient.

Applies to

Settlement and dismissal entry

When settlement or dismissal occurs within two days or less before arbitration, the settlement and dismissal entry must include an order for payment of arbitrator fees identifying each arbitrator’s name, address, and amount due.

If the settlement is within two (2) days or less prior to ===== PAGE 4 ===== the arbitration, the settlement and dismissal entry, shall also contain an order for payment of fees to the arbitrators, designating their names, addresses and amount due.

The Treasurer’s counsel ordinarily need not be served with post-complaint answers, motions, cross-claims, or other documents, except the proposed final judgment, unless inconsistent Taxes are asserted or challenged.

Ordinarily, the Treasurer’s counsel need not be served by any other party with answers, motions, cross-claims or other documents subsequent to the original complaint (except for the proposed final Judgment) unless the Treasurer asserts, or another party to the case challenges, Taxes inconsistent with publicly available records.

Applies to

Jury summons notice

Service

Mail

The notice summoning a person to jury service should be delivered by ordinary mail.

B. Delivered by ordinary mail.

Service

Mail

Mail notification is sufficient when it directs counsel to the official Case Schedule or Daily Reporter notice, even without stating the case style, number, or hearing time.

17.03 Any mail notification shall be sufficient if it specifically directs the attention of counsel to the official notification in the Case Schedule or the Daily Reporter without particularly setting forth any specific case style or number or the exact time of hearing.