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

Applies to

Motion

A written motion concerning a nontrial hearing must be served at least 14 days before the hearing.

A written motion for purposes of a hearing that is not a trial shall be served no later than fourteen (14) days prior to the hearing.

Applies to

Motion

A written motion concerning trial must be served at least 28 days before trial begins.

A written motion for purposes of a trial shall be served no later than twenty eight (28) days prior to the start of trial.

Service

Mail

When a motion is served by mail, notice is deemed received three days after mailing.

If the motion is served by mail, notice of the motion shall be considered to have been received within three days after the date of mailing.

The proponent must provide copies of written materials intended for reading into evidence to the court and other counsel at pretrial.

If written materials are to be read into evidence, copies of these materials shall be provided by the proponent to the Court and other counsel at pretrial.

Papers after the complaint that must be served on a party must be filed within three days after service, while the listed discovery materials are not filed unless ordered by the court or used for evidence or a motion.

In accordance with Rule 5(D) of the Ohio Rules of Civil Procedure, all papers after the complaint required to be served upon a party shall be filed with the Court within three (3) days after service, but depositions upon oral examination, interrogatories, requests for documents, requests for admission, and answers and responses thereto shall not be filed unless on order of the Court, or for use as evidence or for consideration of a motion in the proceeding.

Applies to

Notice of dismissal or stipulation of dismissal

Immediately after filing a notice or stipulation of voluntary dismissal under Ohio Civil Rule 41(A)(1), the plaintiff or plaintiff’s counsel must deliver a copy to the assigned judge, magistrate, and mediator.

Any plaintiff or plaintiff’s counsel who has filed a notice of dismissal or a stipulation of dismissal pursuant to Rule 41(A)(1) of the Ohio Rules of Civil Procedure shall immediately deliver a copy of the notice or stipulation to the judge, magistrate and mediator assigned to the case so they are promptly informed of the voluntary dismissal of the action.

Service

Mail to all parties

When a judicial real-estate sale is ordered, the requesting plaintiff or attorney must promptly mail notice of the sale’s time, date, and location to record owners and other interested parties not in default, subject to publication for parties in default, and untimely notice may prevent confirmation.

V. In every action in any division of the Common Pleas Court of Greene County, Ohio wherein a judicial sale of real estate is ordered by the Court, the attorney for the plaintiff, or such other party requesting the sale, shall promptly mail notice of the time, date and location of the Sheriff’s sale to the record owner(s) of the subject real estate and to all other interested parties not in default for failure to appear, or their counsel of record, at their respective last known address. The record owner(s) of the real estate shall be noticed by mail in all cases when not in default for failure to appear, except when said owner(s) were originally served with summons solely by publication. No other parties to the proceeding in default of answer need be served with notice of sale except by publication as provided by §§ 2329.26 and 2329.27 of the Ohio Revised Code. Failure to provide timely notice to interested parties shall constitute grounds for denying confirmation of the sale.

Service must be perfected on all named defendants, and except for publication-served parties, the docket and all subsequent filings must use proper party or counsel addresses.

□ 11. I have examined the service returns in the case file; and □ A. Service has been perfected on all named defendants; AND □ B. Except for parties served by publication, the “case parties” portion of the docket reflects a proper address for all parties or, if counsel has entered an appearance for a party, reflects a proper address for that party’s counsel; AND □ C. Except for parties served by publication, I have served all filings subsequent to the service of the complaint at a proper address for all parties or, if counsel has entered an appearance for a party, a proper address for that party’s counsel.

Service

Mail

The requesting party or counsel must promptly mail notice of the sale’s time, date, and location to record owners or their counsel and to non-default interested parties or their counsel, except for publication-only service of summons on record owners.

In every action in any division of the Common Pleas Court of Greene County, Ohio, wherein a judicial sale of real estate by the Sheriff is ordered, the party requesting the sale or the party’s counsel shall promptly mail notice of the time, date and location of the sheriff’s sale to: a. the record owner(s) of the subject real estate whether or not in default for failure to appear, or counsel for the record owner(s), unless service of summons on the record owner(s) was accomplished only by publication and b. all other interested parties not in default for failure to appear or to counsel of record for interested parties not in default for failure to appear.

The party requesting cancellation or counsel must serve the file-stamped cancellation entry or bankruptcy petition on the Greene County Sheriff before the sale.

The party requesting the cancellation or the party’s counsel shall serve a copy of the file stamped entry or bankruptcy petition on the Greene County Sheriff prior to said sale.

Service

Mail to all parties

The requesting party or counsel must promptly mail sale notice to record owners, their counsel, and other interested parties not in default.

In every action in any division of the Common Pleas Court of Greene County, Ohio, wherein a judicial sale of real estate by a PSO is authorized, the party requesting the sale or the party’s counsel shall promptly mail notice of the time, date and location of the sale to: a. the record owner(s) of the subject real estate whether or not in default for failure to appear, or counsel for the record owner(s), unless service of summons on the record owner(s) was accomplished only by publication, and b. all other interested parties not in default for failure to appear or to counsel of record for interested parties not in default for failure to appear.

Service

Publication

Public notice must be given weekly for at least three consecutive weeks before a physical sale and for at least three weeks before an online sale begins.

If the sale is to be held at a physical location, notice must be given once a week for at least three consecutive weeks before the date of the sale; 77 ===== PAGE 78 ===== or b. If the sale is to be conducted online, notice must be given once a week for at least three weeks before the start date of the sale.

Service

Publication

Public notice of the sale must appear as a qualifying advertisement in a newspaper of general circulation in the county.

The public notice shall be by advertisement in a newspaper of general circulation in the County and must meet the requirements of R.C. § 7.12.

The Prosecuting Attorney must serve a copy of the sale motion on every party who appeared in the foreclosure action.

1. The Prosecuting Attorney shall serve a copy of the motion on all parties who entered an appearance in the foreclosure action in accordance with the Rules of Civil Procedure.

Notice of the receiver-appointment hearing must be served on interested parties unless the delay would cause irreparable harm to the plaintiff.

Notice of the hearing shall be served on interested parties unless the Court finds that the time taken to give notice will result in irreparable harm to the plaintiff;

Applies to

Creditor claims notice

Service

Other

Within 30 days after appointment, receivers must give notice by mail or publication, as directed by the Court, to all known creditors of the claims deadline and the consequence of missing it.

Within thirty (30) days after the date of their appointment, all receivers shall: ... b. Give notice by mail or by publication, as directed by the Court, to all known creditors that they are required to file their claims within a certain time, and that unless they file their claims by the specified time, they will not be permitted to file any claim without an order of the Court;

Service

Mail

When extraordinary fees exceeding 15 percent are requested, the receiver must mail all known creditors and shareholders notice of the hearing, request, and hearing date and location.

When fees in excess of fifteen (15) percent are requested for extraordinary services, the receiver shall mail to all known creditors and/or shareholders, if any, a notice of the hearing on the application, the nature of the request, and the date and place of the hearing.

Applies to

Hearing notice

Notice of the receiver-appointment hearing must be served on interested parties by attachment to the complaint and original summons or by certified mail.

b. Notice of the hearing shall be served on interested parties either by attachment to the complaint and original summons, or by certified mail in accordance with the Ohio Rules of Civil Procedure;

Applies to

Hearing notice

The property owner must receive notice of the receiver-appointment hearing three days before the hearing.

c. Notice shall be served on the owner of the property three (3) days before the hearing.

Service

Electronic service

Electronic filing of pleadings or documents constitutes consent to email service of documents unless Ohio court rules require otherwise.

A party or attorney who files pleadings or documents electronically consents to the electronic service of documents by email unless otherwise required by the Rules of Practice and Procedure for Ohio Courts.

Service

Publication

For service by publication in Greene County, Ohio, the requesting party must arrange publication in a newspaper of general circulation and is responsible for the costs.

VIII. On all cases of service by publication, the party desiring such service in Greene County, Ohio shall arrange for publication with any newspaper of general circulation and be responsible for said costs.

Service

Publication

Parties in default for failure to answer need not receive notice of sale except by publication under the cited statutes.

No parties to the proceedings in default of answer need be served with notice of sale except by publication as provided by R.C. §§ 2329.26 and 2329.27.

Service

Mail

The notice may be mailed to the last known addresses of record owners and non-default interested parties or to their counsel of record.

Said notice may be mailed to: a. the last known address(es) of the record owner(s) and other interested parties not in default for failure to appear or b. counsel of record for the record owner(s) and other interested parties not in default for failure to appear.