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

CRITICAL

Applies to

Original complaint

Service

Mail

The Clerk must serve the original complaint by certified mail with return receipt requested unless written instructions requesting another service method are filed with the complaint.

Clerk shall perfect service of the original complaint by United States Postal Service via certified mail, return receipt requested, pursuant to Civil Rule 4.1 unless written instructions requesting alternative means of services are filed with the original complaint.

CRITICAL

Service

Court service

When the Clerk must serve summons for a complaint, pleading, or motion, enough copies must be filed to provide one to each party.

Upon the filing of a complaint or any other pleading or motion for which the service of summons by the Clerk of Courts is required, sufficient copies shall be filed so that one copy thereof may be provided to each party.

CRITICAL

Documents and exhibits must be shared with opposing counsel at least seven days before trial, and failure to do so may result in their exclusion from evidence.

All documents and exhibits must be marked for identification purposes and shared with opposing counsel at least seven (7) days prior to trial. Failure to do so may result in said documents and exhibits not being admitted into evidence.

CRITICAL

Counsel must provide the exhibit list to opposing counsel and the Court at least seven days before trial.

Counsel shall also provide opposing counsel and the Court a full and complete Exhibit List of all proposed trial exhibits, including their proper identification, at least seven (7) days prior to trial.

CRITICAL

Any updated exhibit list must be presented to opposing counsel and the Court before trial starts.

Additionally, an updated list, if any, shall be presented to the opposing counsel and the Court prior to the start of trial.

CRITICAL

If there is a Court reporter, counsel must provide the reporter with a copy of the exhibit list.

In the event that there is a Court reporter, a copy of said exhibit list shall be provided to the Court reporter.

CRITICAL

A response to a written motion other than a summary-judgment motion may be served within 14 days after service of the motion.

Responses to a written motion, other than motions for summary judgment, may be served within fourteen days after service of the motion.

CRITICAL

Applies to

Opposition

A response to a summary-judgment motion may be served within 28 days after service of the motion.

Responses to motions for summary judgment may be served within twenty-eight days after service of the motion.

CRITICAL

Applies to

Reply

A movant may serve a reply to a response to any written motion within 7 days after service of the response.

A movant’s reply to a response to any written motion may be served within seven days after service of the response to the motion.

CRITICAL

Applies to

Motion

Unless another period is set by the rules or court order, a written motion for a nontrial hearing must be served at least 14 days before the hearing.

Unless a different period is fixed under these rules or by order of the court, a written motion for purposes of a hearing that is not a trial shall be served ; no later than fourteen days prior to the hearing,

CRITICAL

Applies to

Motion

Unless another period is set by the rules or court order, a written motion for trial must be served at least 28 days before trial begins.

Unless a different period is fixed under these rules or by order of the court, a written motion for purposes of a trial shall be served no later than twenty-eight days prior to the start of trial.

CRITICAL

If ordered, the Court or Clerk must transmit copies of judgment entries or other orders to counsel and parties.

A. The Court shall transmit, or direct the Clerk of Courts to transmit, copies of judgment entries or other orders to all counsel and unrepresented parties and represented parties if so ordered.

CRITICAL

Service

Mail to all parties

The Clerk must deliver all final appealable orders to counsel and parties by regular U.S. mail within three days of journalization.

E. All final appealable orders will be delivered to counsel, unrepresented parties and represented parties by the Clerk by regular U.S. mail within three (3) days of journalization.

CRITICAL

When no other law or rule sets the deadline, a response must be served within 14 days after service of the paper requiring a response.

In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law or applicable rule, a response to a pleading, motion, amended pleading, or other paper shall be filed and served on or before the fourteenth (14th) day after the date of service of the pleading, motion or other paper, requiring the response.

CRITICAL

A reply to a response must be served within seven days after service of the response.

Any reply to said response shall be filed and served on or before the seventh (7th) day after the date of service of the response.

CRITICAL

The expert’s report and relevant supporting documents must be provided to opposing counsel at least 10 days before the expert’s deposition or final settlement pre-trial, whichever comes first.

The expert’s report and all relevant documents, including all records and bills of an expert witness shall be provided to opposing counsel at least ten (10) days prior to the taking of said expert's deposition or final settlement pre-trial, whichever occurs first.

CRITICAL

The Court shall send written notice of all hearing dates to counsel, unrepresented parties and/or represented parties if so ordered. Notice to counsel and unrepresented parties shall be at the address on pleadings or the mailbox in the Clerk of Courts office.

The Court shall send written notice of all hearing dates to counsel, unrepresented parties and/or represented parties if so ordered. Notice to counsel and unrepresented parties shall be at the address on pleadings or the mailbox in the Clerk of Courts office.

CRITICAL

Counsel must notify their clients of all hearing dates.

It shall be counsel’s responsibility to notify clients of all hearing dates.

CRITICAL

Service

Mail to opposing party

The Clerk must mail the defendant or defendants copies of the pleadings and judgment entry by registered or certified mail to the address stated in the complaint.

The Clerk shall notify the defendant or defendants by mailing a copy of the pleadings and judgment entry by registered or certified mail at the address set forth in the complaint.

CRITICAL

Papers required to be served under Civ.R. 5 must be served on both the attorney with a limited appearance and the attorney’s client.

When an attorney has entered a limited appearance, any pleading, order, notice, brief or other paper that Civ.R. 5 requires to be served must be served on both the attorney and the attorney’s client.

CRITICAL

Applies to

Notice of completion of limited appearance

An attorney may terminate a limited appearance by filing and serving a Notice of Completion of Limited Appearance.

As provided by Civ.R. 3(B), an attorney’s limited appearance may be terminated by filing and service of a “Notice of Completion of Limited Appearance.”

CRITICAL

When a judicially ordered sale is published, the Sheriff must notify the Clerk in writing of the sale’s time, date, and location, and the Clerk must provide that information in writing to all counsel and unrepresented parties.

At the time of publication of any judicially ordered sale, the Sheriff shall provide the Clerk of Court written notice of the time, date and location of the sale. The Clerk of Courts shall provide written notice to all counsel and unrepresented parties of the time, date and location of the judicially ordered sale.

CRITICAL

Applies to

Proposed order

Unless the Court’s e-filing system clearly shows service was made, the party who submitted or approved the proposed order must serve it on the receiver or counsel and specified parties, and file proof of service.

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

CRITICAL

Applies to

Receivership plan and report

Copies of each receiver’s plan and report must be filed with the Clerk and served on parties who have appeared or for whom service remains pending.

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.

CRITICAL

Unless the application is addressed at the initial receivership hearing, written notice must be given to the debtor, appearing parties, and persons for whom service of process remains pending.

Unless the court addresses the application during the initial hearing on whether to grant a receivership, written notice of all such applications shall be given to the debtor, all parties that have appeared and all those for whom service of process remains pending.

CRITICAL

Unless otherwise ordered, a receiver must serve notice of the proposed sale or lease and its terms on all parties and known interested persons.

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.

CRITICAL

Service

Mail

Prospective jurors must be notified of their selection and response requirement by ordinary mail, with the notice identifying their jury period and advising that a further notice will be sent seven days before appearance.

The Jury Commissioners over the signature of the Defiance, Fulton, Henry or Williams County Sheriff shall notify by ordinary mail prospective jurors of their selection for jury service and their requirement to respond. The notice to prospective jurors shall specify the four (4) month period for which the juror was selected and inform the prospective juror that a subsequent notice will be sent seven (7) days before the prospective juror will actually have to appear at the Court.

CRITICAL

The Prosecutor or designee must notify victims of pre- and post-conviction hearings, including the listed proceedings.

The Prosecutor or designee shall notify victims for pre and post- conviction hearings, including but not limited to pretrials, trials, judicial release, community control revocations and sealing of record.

CRITICAL

The Court must notify the Prosecutor’s Office of scheduled hearings as soon as reasonably practical after scheduling.

The Court shall provide notice of any scheduled hearing to the Prosecutor’s Office. Such notice shall be transmitted as soon as reasonably practical following the scheduling of the hearing.

CRITICAL

The Guardian ad Litem must provide the report to unrepresented parties and counsel of record.

The report shall be provided by the Guardian ad Litem to unrepresented parties and legal counsel of record.

CRITICAL

Applies to

Pleadings

The Guardian ad Litem must be served with copies of all pleadings.

The Guardian ad Litem shall be served with copies of all pleadings

CRITICAL

Applies to

Hearing notice

The Guardian ad Litem must be provided notice of all hearings.

and shall be provided notice of all hearings.

CRITICAL

Applies to

Continuance motion

A motion seeking a continuance of a neutral evaluation session must be served on the opposing attorney or self-represented party.

If a continuance of a scheduled neutral evaluation session is desired, a motion seeking a continuance will be required, served upon the opposing attorney(s) or self-represented party(s).

CRITICAL

Applies to

Memorandum brief or other court ordered documents

Attorneys and self-represented parties must submit court-ordered evaluation documents to the evaluator and other parties one week before the session; absent a different court order, the documents must arrive at opposing counsel’s office or a self-represented party’s residence at least seven days before the session by one of the listed methods.

3. One week prior to the neutral evaluation session, each attorney or self-represented party shall submit a memorandum, brief or other documents as may be ordered by the court to the neutral evaluator(s), to the other attorney(s), and to any self-represented party. Unless otherwise ordered by the court, the required documents shall arrive at the office of opposing counsel or at the residence of any self-represented party at least seven days before the neutral evaluation session via ordinary mail, hand-delivery, facsimile or e-mail.

CRITICAL

Applies to

Qdro

Service

Court service

When a QDRO is filed, counsel or a self-represented party must simultaneously file a praecipe directing the Clerk to serve it on the Plan Administrator.

Upon the filing of a Qualified Domestic Relations Order, Counsel or self¬ represented party shall simultaneously file a praecipe directing the Clerk to serve the Plan Administrator with the Qualified Domestic Relations Order.

CRITICAL

Applies to

Division of property order

Service

Court service

When filing a DOPO, counsel or a self-represented party must simultaneously file a praecipe directing the Clerk to serve the Plan Administrator with it.

Upon the filing of a Division of Property Order, Counsel or self-represented party shall simultaneously file a praecipe directing the Clerk to serve the Plan Administrator with the Division of Property Order.

CRITICAL

Applies to

Investigation report

Service

Court service to all parties

When the investigator’s report is filed, the court must send copies to counsel of record and any unrepresented parties.

At the time the investigator’s report is filed, copies shall be sent by the court to the attorney(s) of record and any unrepresented parties.

CRITICAL

Service

Court service to all parties

When the custody evaluator’s report is filed, the court must send copies to counsel of record and any unrepresented parties.

At the time the report is filed, copies shall be sent by the court to the attorney(s) of record and any unrepresented parties.

CRITICAL

A party challenging the evaluator’s report must subpoena the evaluator to appear at least fourteen days before the hearing or trial.

a) The evaluator’s report shall be admitted into evidence at a hearing or trial on the court’s motion. The report shall be admitted as tire court’s exhibit in the form of the evaluator’s expert direct testimony. A party challenging the report shall subpoena the evaluator to appear not less than fourteen days before a hearing or trial.

CRITICAL

Applies to

Notice

Service

Mail to court

The Adult Probation Department must send the specified notice to each identified court by ordinary U.S. mail.

2. The Adult Probation Department shall send a Notice to Court Regarding Petition for Certificate of Qualification for Employment and Submission of Information Regarding Petition for Certificate of Qualification for Employment to each court so identified. Such Notice shall be sent via ordinary US mail.

CRITICAL

Applies to

Notice

The Adult Probation Department must send the specified notice to the Williams County Prosecuting Attorney.

3. The Adult Probation Department shall also send a Notice to Prosecutor Regarding Petition for Certificate of Qualification for Employment and Submission of Information Regarding Petition for Certificate of Qualification for Employment to the Williams County Prosecuting Attorney.

CRITICAL

Applies to

Judgment entry

The Clerk of Courts must serve a copy of the Judgment Entry on the listed recipients.

The Clerk of Courts is hereby ORDERED to serve a copy of this Judgment Entry upon the Prosecuting Attorney, Attorney for Defendant, Defendant, and Adult Probation.

CRITICAL

Unless the Court modifies the period, the GAL must submit the written report and recommendations to the listed recipients at least seven days before the specified hearings.

Unless the time period is modified by the Court, the GAL shall submit their frill written report(s) with recommendations to the court, counsel of record and self-represented parties, in accordance with the following time requirements: • In abuse, neglect, dependency, unruly, and delinquency cases, not less thanhearing seven days prior to any initial dispositional hearing, permanent custody hearing, and any upon a motion requesting a change in disposition; and • In proceedings involving the allocation of parental rights and responsibilities, not less than seven days before the final hearing date.

CRITICAL

The GAL must be notified before a change to a child’s residential placement or case plan, except that emergency changes require notice by the end of the next business day.

The GAL shall be notified prior to any change being made in the child(ren)’s residential placement and/or case plan by any party, except those actions taken to prevent immediate or threatened physical or emotional harm to the child as provided in ORC §2151.412, in which case the GAL shall be notified before the end of the next business day after the change is made.

CRITICAL

Applies to

Interim fee motion

An interim-fee motion must be served on all parties when the GAL's fees exceed $2,500.

At any time the fees of a guardian ad litem exceed $2,500.00, the guardian ad litem shall file a motion for interim fees, served upon all parties, which must include a detailed statement and description of rendered services.

CRITICAL

Applies to

Motion for payment

The GAL must provide a copy of the payment motion to each party or other entity responsible for payment.

Upon the conclusion of his or her responsibilities, the GAL shall provide a motion for payment with an itemized statement and accounting to the Court, with a copy to each party or other entity responsible for payment.

CRITICAL

Service

Court service to all parties

The Court will forward copies of the investigation report to counsel of record and self-represented litigants.

the Court will forward copies thereof to counsel of record and self¬ represented litigants.

CRITICAL

The custody evaluator must receive at least 30 days’ notice of a final hearing where counsel may subpoena the evaluator to testify.

Under any circumstances, The Custody Evaluator shall receive at least 30 days’ notice of final hearing in which oral testimony may be required upon subpoena by counsel.

CRITICAL

A party challenging the report must subpoena the custody evaluator at least 14 days before the hearing or trial.

A party challenging the report shall subpoena Custody Evaluator to appear not less than 14 days before a hearing or trial.

WARNING

Applies to

Original complaint

The filing party is not responsible for furnishing service copies of an original complaint filed electronically as described in the preceding provision.

The filing party shall not furnish service copies of the original complaint.

WARNING

Applies to

Reply

Responses to motions for a hearing or trial may be served as provided by Civ.R. 6(C), but a movant may not reply to the response.

Responses to such motions may be served as provided by Civ.R. 6(C); however, a movant’s reply to the response is not permitted.

WARNING

The court ordinarily waits seven days after service of an updated plan or report before approving fees or other proposed action, but may alter the period for good cause.

Ordinarily, no approval of fees or other proposed action in a receivership will occur unless seven (7) days have elapsed following service of an updated plan or report, in order to allow interested parties to comment or object. However, for good cause the court may alter this notice period.

WARNING

A GAL who is not a volunteer must provide all parties with a monthly statement of fees and expenses.

Unless the GAL is a volunteer, the GAL shall provide a monthly statement of fees and expenses to all parties.

WARNING

The mediator must notify all parties and counsel of the scheduled mediation.

It is further ORDERED, ADJUDGED AND DECREED that the mediator will notify all the parties and counsel of their scheduled mediation.

WARNING

The GAL must receive notice of specified hearings and proceedings and copies of filed pleadings, motions, notices, and other documents.

The GAL shall be given notice of and shall appear at all hearings or proceedings scheduled in this matter and shall attend any hearing relevant to the responsibilities of the GAL. Further, the GAL shall be provided with copies of all pleadings, motions, notices and other documents filed in this matter by counsel for the parties and/or by unrepresented parties. 7. The GAL shall be given notice of any hearings, reviews, investigations, depositions or other proceedings concerning a child included within this order and shall be entitled to attend the same.