Hardin County Court of Common Pleas, General & Domestic Relations Divisions Service and Proof of Service Rules

CRITICAL

Service

Publication

A party requesting publication must arrange and pay for publication and direct the publisher to file proof with the Clerk, subject to the stated poverty-affidavit procedure.

If any party requests service by publication, such party, in addition to the deposit for 10 costs, shall arrange with the newspaper publisher for such publication, pay the costs thereof to the newspaper publisher and direct the publisher to file proof of publication with the Clerk of Courts. In any case in which the Court has approved a poverty affidavit, it shall be the responsibility of the attorney making the request to advise the newspaper publisher in writing at the time the legal notice is presented for publication, that no funds are available for payment of the publication costs.

CRITICALCivil cases

Summons must be served under the Ohio Rules of Civil Procedure; the clerk must immediately notify counsel of failed service, and the specified notice and dismissal process applies if service remains incomplete.

A. Summons shall be served in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the clerk shall notify counsel immediately. If service is not complete within six months, pursuant to Civil Rule 4(E), the Court will notify plaintiff’s counsel directing that unless service is obtained within fourteen (14) days, the case will be dismissed. Fourteen (14) days after such notice, the action will be dismissed if service has not been obtained.

CRITICAL

Applies to

Notice of hearing

Notice of hearing must be served with the pleadings in accordance with the Civil Rules.

Notice of hearing shall be served with the pleadings pursuant to Civil Rules.

CRITICAL

Service and notice must be made individually on every party; notice to an attorney does not constitute proper service on a party.

Service and notice shall be made to all parties individually. Notice to an attorney is not proper service on a party.

CRITICAL

The movant is responsible for initiating service of notice of the contempt motion and hearing on the subject party under Civil Rules 4 through 4.6.

B. Notice of such motion and of the hearing thereon shall be served upon the subject party pursuant to the rules of service of summons contained in Civ. R. 4 through Civ. R. 4.6, incl., and the responsibility for initiating such service shall be on the movant.

CRITICAL

The relocation notice must be served on the other parent at least 45 days before the move, though a shorter period may be appropriate in an emergency.

If any legal custodian and residential parent of a minor child or children subject to the jurisdiction of the Court intends to move more than 20 miles from the child(ren)'s residence, then such party shall file a written notice of relocation at least 45 days in advance of such removal and serve said notice of relocation upon the other parent. A period of less than 45 days may be appropriate in emergency situations.

CRITICAL

An objection or request for hearing must be served on the party who filed the relocation notice within the 45-day period after the notice is filed.

If a written notice of relocation is filed and served as required herein, and no objection or request for hearing is filed within 45 days of the filing of the notice of relocation and served on the party filing the notice of relocation, then Hardin County Common Pleas Court, General Division, Rule 27 shall become the order of the Court.

CRITICAL

Service

Publication

Service by publication must be made by posting unless the Court orders otherwise; the rule specifies posting locations, a seven-day posting period, and filing the return of service.

A. Pursuant to Ohio Juvenile Rule 16 (A), service by publication shall be made by posting unless otherwise ordered by the Court. B. In addition to the Juvenile Courthouse at One Courthouse Square, Suite 200, Kenton, Ohio, the Court designates the following as locations where publication of service of process by posting may be made, in accordance with Juvenile Rule 16 (A). Pursuant to that Rule, posting shall be made at any two (2) of the following designated locations: (1) The Hardin County Department of Job and Family Services, 175 West Franklin Street, Kenton, Ohio, or any other location to which it might relocate; (2) The Hardin County Department of Health, 175 West Franklin Street, Kenton, Ohio, or any other location to which it might relocate. C. The Clerk of this Court shall cause the required notice to be posted in a conspicuous place and manner in the above denominated places for the requisite seven (7) days. Upon completion of the posting for seven (7) days, the Clerk shall remove the notice, complete the return of service, file the same and notify counsel as provided by law.

CRITICAL

Applies to

Request for access

A non-party’s request for access to an electronic recording must be served on all parties.

A request for access by a non-party must be served on all parties.

CRITICAL

Applies to

Exhibit and cover sheet

The exhibit and its cover sheet must be served under the rules governing service of pleadings in this Court.

The exhibit and cover sheet shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

CRITICAL

A fax filer must serve necessary parties directly and may not fax service copies to the Juvenile Clerk.

The party filing documents by fax shall not transmit copies by fax to the Juvenile Clerk for service upon other parties but shall provide service directly upon all necessary parties.

CRITICAL

Placement of copies in the appropriate attorneys drawer, reflected in a certificate of delivery, is deemed delivery to counsel.

Where copies of pleadings, motions, briefs, memoranda and other papers have been placed in the appropriate attorneys drawer in the Hardin County Probate Court, One Courthouse Square, Suite 210, and certificate of delivery reflects such action, it shall be deemed by the Court as delivery to counsel pursuant to the requirements of the Ohio Rules of Civil Procedure.

CRITICAL

Assignment notices must be placed in counsel's designated attorney drawer, or mailed postage prepaid if counsel has no such drawer.

All assignment notices generated by the Hardin County Juvenile Court shall be placed in the attorney drawer of appropriate counsel in the Hardin County Probate Court or Clerk of Courts office. If counsel has no such drawer, the assignment notices shall be deposited with the Postal Service, postage prepaid.

CRITICAL

The Clerk must docket the type of service completed, using language such as the example provided.

The Clerk of this Court shall note on the docket of the case the type of service completed using language such as "Judgment Entry filed. Photo copy served on all parties."

CRITICAL

At the end of each hearing, the court must give specified recipients written notice or on-record oral notice of the next hearing; mailing is unnecessary if written notice was given at the prior hearing's conclusion.

Upon conclusion of each hearing, the court shall provide written notice or oral notice on the record to the prosecuting attorney, the child's attorney, the child's guardian ad litem, and the child's parents, guardian or custodian, of the date, time and place of the next scheduled hearing. Mailed notice shall not be required for any party or other individual designated in this rule to whom notice of the next hearing was provided in writing upon conclusion of the immediately preceding hearing.

CRITICAL

Applies to

Summons

Summonses are served by regular or certified mail or personal delivery, and the service must be docketed.

Summons typed and served by regular or certified mail or personally delivered and said service is docketed.

CRITICALCivil cases

Applies to

Domestic relations admonishment

Counsel for a plaintiff in a divorce or legal separation action must give the client a copy of the Domestic Relations Admonishment.

Counsel representing the plaintiff in any divorce, or legal separation action shall furnish his/her client with a copy of the DOMESTIC RELATIONS ADMONISHMENT.

CRITICALCivil cases

Applies to

Domestic relations admonishment

The Clerk of Courts must attach the Domestic Relations Admonishment to the summons served on the defendant.

The Clerk of Courts shall attach a copy of the domestic relations admonishment to the summons for service upon the Defendant.

CRITICALCivil cases

Applies to

Domestic relations admonishment

If the plaintiff is unrepresented or the defendant waived service of the summons, the admonishment must be handed to the filing party and mailed to the other party.

In the event that a plaintiff is unrepresented by counsel, or the defendant has waived service of a copy of summons, a copy of the domestic relations admonishment shall be handed to the party(s) filing the action and mailed to the other party.

CRITICALCivil cases

Applies to

Notice of hearing

A notice of hearing must be served with the initial pleadings.

Notice of hearing must be served with the initial pleadings pursuant to Ohio Rules of Civil Procedure.

CRITICALCivil cases

Applies to

Pretrial memorandum

The pretrial memorandum must be served on all parties and any appointed Guardian Ad Litem no later than seven days before the final pretrial conference.

In all contested matters, a pretrial memorandum shall be filed and served upon all parties, and the Guardian Ad Litem, if one has been appointed, with a courtesy copy to the Judge or Magistrate assigned to hear the case no later than seven (7) days prior to the date set for final pretrial conference and shall include the following.

CRITICALCivil cases

Counsel must ensure that the CSEA receives a file-stamped copy of each child- or spousal-support entry, using one of the stated delivery options.

It is the obligation of counsel to insure that a file stamped copy of each entry dealing with child or spousal support filed by the Clerk of Courts is transmitted to the CSEA. The Clerk’s office maintains a file box for such entries which is checked daily by the CSEA. You may either: 1. Deliver the CSEA copy personally; 2. Place the CSEA copy in the file box in the Clerk’s office; 3. Make sufficient copies with distribution indicated in the lower left hand corner and request the Clerk’s office to place the entry in the box when file stamped.

CRITICALCivil cases

Applies to

Itemized fee and expense statement

An appointee must regularly file and serve the payer with an itemized fee and expense statement, and do so promptly if fees appear likely to exceed the estimate, unless charging under the court’s fee schedule.

The appointee shall file with the court and serve upon the payer an itemized fee and expense statement on a regular basis and promptly if it appears the fee will exceed the estimate. This will not be necessary if the appointee is charging a fee in compliance with this court’s fee schedule.

CRITICALCivil cases

Applies to

Request for access

A request for access by a non-party must be served on all parties.

request for access by a non-party must be served on all parties.

CRITICALCivil cases

Applies to

Complaint or petition

In a civil action, file the summons-service request, a copy of the complaint or petition, and the manner of service with the original complaint or petition and the required deposit.

A request for service of summons and a copy of a complaint/petition with manner of service shall be filed with an original complaint or petition in a civil action accompanied by the requisite deposit.

CRITICALCivil cases

Service on a minor must comply with Civil Rule 4.2.

Service on a minor shall be made pursuant to Civ. R. 4.2.

CRITICALCivil cases

Applies to

Notice of application for appointment to administer

Notice of an application for appointment to administer must be served at least seven days before the hearing date.

Notice of application for appointment to administer shall be served at least seven (7) days prior to the date set for hearing.

CRITICALCivil cases

Applies to

Notice of appointment

Within seven days after appointment, the administrator must notify all persons entitled to inherit, including support-allowance recipients, unless they received notice of the hearing or waived notice.

Upon appointment, the administrator shall give notice thereof within seven (7) days after the appointment to all persons entitled to inherit including persons entitled to an allowance for support, unless those persons were provided notice of hearing on the application or have waived notice.

CRITICALCivil cases

The fiduciary must serve interested persons with written hearing notice and the application at least seven days before the hearing.

The fiduciary shall serve written notice of the hearing and a copy of the application on all interested persons at least seven (7) days before the hearing.

CRITICALCivil cases

A surviving spouse may waive citation service by filing a written waiver acknowledging receipt of the description of the spouse’s general rights; neither waiver nor service is required if the spouse filed a written election.

A surviving spouse may waive the service of the citation required under section 2106.01(A) of the Revised Code by filing in the probate court a written waiver of the citation. The waiver shall include an acknowledgement of receipt of the description of the general rights of the surviving spouse required by division (B) of section 2107.02 of the Revised Code. Neither a waiver nor service of citation of rights will be required if the spouse has filed a written election.

CRITICAL

Service

Court service to all parties

When the Clerk must serve a pleading, counsel must file sufficient copies for service at the time of filing.

At the time of filing pleadings requiring a copy thereof to be served by the Clerk, counsel shall file with the Clerk sufficient copies to allow for service.

CRITICAL

Applies to

Proof of service

After discovery accompanies the original complaint, only proof of service of an evidentiary request or response may be filed unless the Court first grants leave.

Thereafter, unless leave is first granted by the Court, only proof of service that an evidentiary request or response was made will be filed with and accepted by the Clerk of Courts.

CRITICAL

Applies to

Discovery document

The entire discovery document must be served only on the opposing party, as required by Civil Rules 27 through 37.

The entire discovery document will be served only upon the opposing party, as required by Civil Rules 27 through 37.

CRITICAL

Service

Publication

A party requesting service by publication must arrange and pay for publication and direct the publisher to file proof of publication with the Clerk of Courts.

If any party requests service by publication, such party, in addition to the deposit for costs, shall arrange with the newspaper publisher for such publication, pay the costs thereof to the newspaper publisher and direct the publisher to file proof of publication with the Clerk of Courts.

CRITICAL

Copies of all correspondence addressed to the Court by any party or counsel shall be mailed or furnished to other counsel or parties in the case, and the correspondence to the Court should disclose to whom it was furnished. The Court will disregard correspondence not in compliance with this rule.

Copies of all correspondence addressed to the Court by any party or counsel shall be mailed or furnished to other counsel or parties in the case, and the correspondence to the Court should disclose to whom it was furnished. The Court will disregard correspondence not in compliance with this rule.

CRITICAL

The attorney or self-represented party must provide notice of the bankruptcy filing to all unrepresented parties and counsel of record under Civil Rule 5.

Whenever any party to an action pending in this court files bankruptcy, the attorney for same or the party, if acting in a pro se capacity, shall within five (5) days of the date of filing bankruptcy, file with the Court a copy of the “Notice of Bankruptcy Case Filing” along with a Judgment Entry granting stay and further provide notice of such filing to all unrepresented parties and counsel of record in conformance with Civil Rule 5.

CRITICAL

Summons must be served under the Ohio Rules of Civil Procedure; the clerk must promptly notify counsel of failed service, and failure to complete service within six months may lead to dismissal after notice and a 14-day opportunity to serve.

A. Summons shall be served in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the clerk shall notify counsel immediately. If service is not complete within six months, pursuant to Civil Rule 4(E), the Court will notify plaintiff’s counsel directing that unless service is obtained within fourteen (14) days, the case will be dismissed. Fourteen (14) days after such notice, the action will be dismissed if service has not been obtained.

CRITICAL

Orders in aid of execution must be served and scheduled pursuant to law and the Civil Rules.

Orders in aid of execution shall be served and scheduled pursuant to law and the Civil Rules.

CRITICAL

Applies to

Notice of sale of personal property

Service

Mail to all parties

The creditor or their attorney must mail a copy of the personal-property sale notice to all parties and attorneys of record.

A copy of the notice of the sale of personal property shall be mailed by the creditor/or their attorney to all parties and to attorneys of record in the case.

CRITICAL

The jury summons may be issued directly to jurors or routed to the Clerk or Sheriff for service, but only the Commissioner may summon the jury when the Sheriff has an interest in the case.

Said summons shall be prepared by the Jury Commissioner or his/her designee and issued directly to the jurors, or to the Clerk of Courts or, the Sheriff for service. If the Sheriff has an interest in the case to be heard, only the Commissioner of Jurors may summons the jury.

CRITICAL

Service

Mail

Prospective jurors must be notified by regular mail through a summons directing them to appear on the assigned date.

All prospective jurors shall be notified by regular mail of their requirement of jury service by the issuance of a summons directing them to appear on the date assigned.

CRITICAL

Copies of affidavits and written reports must be furnished to counsel for all parties at least two weeks before the hearing.

In the instance of affidavits and written reports, copies shall be furnished to counsel for all parties not less than two weeks in advance of hearing.

CRITICAL

The panel chairman must file the written report and award within 30 days after the hearing and send copies to all parties or their counsel that same day.

Within thirty (30) days after the hearing, the chairman of the panel shall file a written report and award the Clerk of the Court of Common Pleas and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

CRITICAL

A party rejecting an arbitration report and award must serve notice on all other parties within 30 days after it is filed with the Court.

If a party desires to reject the report and award, notice of such rejection must be served upon all other parties within thirty (30)days after the report and award was filed with the Court.

CRITICAL

Amended pleadings following rejection of an arbitration award must be served on all parties under the Rules of Civil Procedure.

Amended pleadings shall be served on all parties pursuant to the Rules of Civil Procedure.

CRITICAL

Notice of hearing must be served with the initial pleadings in accordance with the Ohio Rules of Civil Procedure.

Notice of hearing must be served with the initial pleadings pursuant to Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Pretrial memorandum

The pretrial memorandum must be served on all parties and, if appointed, the Guardian Ad Litem.

In all contested matters, a pretrial memorandum shall be filed and served upon all parties, and the Guardian Ad Litem, if one has been appointed

CRITICAL

Counsel must transmit a file-stamped copy of each child- or spousal-support entry to the CSEA using one of the listed delivery options.

It is the obligation of counsel to insure that a file stamped copy of each entry dealing with child or spousal support filed by the Clerk of Courts is transmitted to the CSEA. The Clerk’s office maintains a file box for such entries which is checked daily by the CSEA. You may either: 1. Deliver the CSEA copy personally; 2. Place the CSEA copy in the file box in the Clerk’s office; 3. Make sufficient copies with distribution indicated in the lower left hand corner and request the Clerk’s office to place the entry in the box when file stamped.

CRITICAL

Applies to

Medical report

In a domestic hearing concerning the reasonableness or necessity of a medical procedure, a duly signed medical report is sufficient and admissible if properly served on opposing counsel within seven days before trial.

In any type of domestic hearing concerning the reasonableness or the necessity of a certain medical procedure to be performed, a medical report duly signed by the physician or other supplier of medically related services shall be sufficient and be admitted into evidence at said hearing if properly served on the opposing counsel within seven (7) days before trial.

CRITICAL

A GAL must serve all authorized or court-directed filings on all parties under the Local Rules.

The GAL, through an attorney licensed to practice law in the State of Ohio, is authorized to file motions to continue scheduled hearings and to file motions related to the immediate needs of the child(ren), and other documents as directed by the Court, and shall serve all such documents on all parties pursuant to the Local Rules of this Court.

CRITICAL

Applies to

Pleadings motions and other case documents

The GAL must be served with all case filings from appointment until discharge.

The GAL shall be served with all pleadings, motions, and other documents filed in the case after the appointment of the GAL and until such time as the GAL is discharged by the Court.

CRITICAL

Service

Mail to opposing party

The relocation notice must be served on the other parent by certified mail to the last known address or by personal service by the Sheriff.

and cause said notice to be served upon the other parent by certified mail at his/her last known address, or personal service by the Sheriff.

CRITICAL

If written notice of relocation is filed and served as required herein, and no objection or request for hearing is filed within thirty (30) days of the filing of the notice of relocation and served on the party filing the notice of relocation, the residential parent may relocate in the absence of further court order.

If written notice of relocation is filed and served as required herein, and no objection or request for hearing is filed within thirty (30) days of the filing of the notice of relocation and served on the party filing the notice of relocation, the residential parent may relocate in the absence of further court order.

CRITICAL

Notice of the bankruptcy filing must also be provided to all unrepresented parties and counsel of record in accordance with Civil Rule 5.

and further provide notice of such filing to all unrepresented parties and counsel of record in conformance with Civil Rule 5.

CRITICAL

The movant must initiate service of notice of a show-cause motion and its hearing on the subject party under the summons-service rules in Civil Rules 4 through 4.6.

Notice of such motion and of the hearing thereon shall be served upon the subject party pursuant to the rules of service of summons contained in Civil Rule 4 through Civil Rule 4.6, incl., and the responsibility for initiating such service shall be on the movant.

CRITICAL

In civil filings, the plaintiff must initially choose one Civil Rule 4.1 service method and may request an alternate method only after a return shows failed service.

In all civil filings, the Plaintiff shall initially choose one method of service as provided for in Civil Rule 4.1, and may not request service by an alternate method until there is a return showing failure of service.

CRITICAL

Service

Publication

A party requesting service by publication must arrange and pay for newspaper publication and direct the publisher to file proof of publication with the clerk, in addition to depositing costs.

If any party requests service by publication, such party, in addition to the deposit for costs, shall arrange with the newspaper publisher for such publication, pay the costs thereof to the newspaper publisher and direct the publisher to file proof of publication with the Clerk of

CRITICAL

Service

Publication

In domestic relations actions, service by publication must comply with Civil Rule 4.4(A)(2), and the posting place is the Hardin County Courthouse.

In a domestic relations action, service by publication shall conform to Civil Rule 4.4(A)(2). The Court does hereby name the posting place to be the Hardin County Courthouse.

CRITICAL

Applies to

Qualified domestic relations order

Service

Mail

The Clerk of Court must serve all QDROs by certified mail with return receipt requested.

The Clerk of Court shall serve all Qualified Domestic Relations Orders (QDRO) by certified mail with return receipt requested.

WARNING

Service

Personal service

Requests for personal or residential service by the Hardin County Sheriff are limited to three attempts.

Requests for service by either personal or residential service by the Hardin County Sheriff shall be limited to three attempts.

WARNINGCivil cases

The Court adopts the Kenton City Building and the Hardin County Courthouse Annex Building as locations for posting service.

E. The court hereby adopts the following locations for posting of service; a. The Kenton City Building; b. The Hardin County Courthouse Annex Building

WARNINGCivil cases

The assignment commissioner must notify counsel of record or parties of a status conference or final pretrial before the conference by mail, fax, or telephone.

Notice of status conference or final pretrial shall be provided to all counsel of record or parties by mail, fax or by telephone from the assignment commissioner prior to said conference.

WARNINGCivil cases

Interested persons may waive notice and consent in writing to the settlement and allocation and distribution of proceeds.

Interested persons may waive notice and consent to the settlement and allocation and distribution of proceeds in writing.

WARNING

Service

Publication

When the Court approves a poverty affidavit, the requesting attorney must advise the newspaper publisher in writing at the time the notice is presented that no funds are available for publication costs.

In any case which the Court has approved a poverty affidavit, it shall be the responsibility of the attorney making the request to advise the newspaper publisher in writing at the time the legal notice is presented, that no funds are available for payment of the publication costs.

WARNING

Service

Personal service

Requests for personal or residential service by the Hardin County Sheriff are limited to three attempts.

Requests for service by either personal or residential service by the Hardin County Sheriff shall be limited to three attempts.

WARNING

Service

Publication

The Court designates the Kenton City Building and the Hardin County Courthouse Annex Building as locations for posting service.

E. The court hereby adopts the following locations for posting of service; a. The Kenton City Building; b. The Hardin County Courthouse Annex Building

WARNING

The assignment commissioner must provide notice of a status conference or final pretrial to counsel of record or the parties by mail, fax, or telephone before the conference.

Notice of status conference or final pretrial shall be provided to all counsel of record or parties by mail, fax or by telephone from the assignment commissioner prior to said conference.

WARNING

Counsel for a plaintiff in a divorce or legal separation action must furnish the client a copy of the Domestic Relations Admonishment.

Counsel representing the plaintiff in any divorce, or legal separation action shall furnish his/her client with a copy of the DOMESTIC RELATIONS ADMONISHMENT.

WARNING

Applies to

Summons

The Clerk of Courts must attach the Domestic Relations Admonishment to the summons served on the defendant.

The Clerk of Courts shall attach a copy of the domestic relations admonishment to the summons for service upon the Defendant.

WARNING

If the plaintiff is unrepresented or the defendant waived service of the summons, the admonishment must be handed to the filing party and mailed to the other party.

In the event that a plaintiff is unrepresented by counsel, or the defendant has waived service of a copy of summons, a copy of the domestic relations admonishment shall be handed to the party(s) filing the action and mailed to the other party.

WARNING

A party may move to modify the standing order for good cause and is entitled to a hearing within 30 days after service on the opposing party.

Any party may file a motion to modify this standing order for good cause shown and will be granted a hearing on same within thirty (30) days of service upon the opposing party.

WARNING

Applies to

Notice of intent to call gal as witness

Notice of intent to call the GAL as a witness should be served in accordance with the applicable Civil Rules.

Notice of the party’s intent to call the GAL as a witness in a hearing should be served in accordance with applicable Civil Rules.

WARNING

Service in electronically filed cases must follow Civil Rule 4; the Clerk prefers FEDEX service unless a request or praecipe instructs otherwise.

All electronically filed cases shall have service issued pursuant to Civil Rule 4 with commercial carrier (FEDEX) service being the Clerk’s preferred method of service unless otherwise instructed in a request and/or praecipe for service.