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

CRITICAL

Copies of affidavits and written reports must be furnished to all parties’ counsel 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 (2) weeks in advance of hearing.

CRITICAL

Applies to

Complaint

Service

Court service to opposing party

When filing a complaint, the filer must give the Clerk a true copy for each defendant so the Clerk can arrange service under the applicable rules or law.

Upon filing of a Complaint, the person filing the same shall submit to the Clerk a true copy thereof for each party-defendant, and the Clerk shall arrange for service to be made thereon as set forth in the Ohio Rules of Civil Procedure or as otherwise provided by law.

CRITICAL

Counsel must serve the specified jury-trial materials on all parties at least three business days before the pretrial date.

23.07 If the matter is to be tried to a jury, counsel shall also file with the court and serve upon all parties at least 3 business days before the date of pre-trial a draft of substantive jury instructions, interrogatories (if any), verdicts, and an indication as to whether a jury view will be requested and, if so, details as to the site and parameters of the view.

CRITICAL

Deadline

72 hours

Copies of media-coverage permission requests must be provided to all parties or their counsel no less than 72 hours before the proceeding begins.

Such requests shall be directed to and received by the Clerk of Courts, with copies to all parties to the action, or their counsel, no less than 72 hours prior to scheduled commencement of the proceeding.

CRITICAL

Applies to

Legal notice

Service

Publication

The Clerk of Courts must promptly publish the notice in a local newspaper.

This notice shall be promptly published in a local newspaper by the Clerk of Courts.

CRITICAL

Deadline

3 business days

If a final pre-trial conference is held, the parties' pre-trial statements must be served on opposing counsel at least three business days before the conference.

In the event a final pre-trial conference is held, pre-trial statements shall be prepared by counsel for all parties, or by the party if unrepresented, and shall be filed with the court and served upon opposing counsel not less than 3 business days prior to the date of the final pre-trial conference.

CRITICAL

Applies to

Withdrawal hearing notice

Service

Mail

When the client does not consent to withdrawal, counsel must file a written motion to withdraw, send the client written hearing details by certified mail with return receipt requested, and attach a copy of that notice to the motion.

In all other cases counsel shall file a written Notion to Withdraw with the Court and counsel shall send written notice to the client of the time, date, and place of the hearing of the Motion by certified mail, return receipt requested. A copy of said notice shall be attached to the Motion.

CRITICAL

Service

Mail to all parties

The Plaintiff must serve the proposed confirmation entry by regular mail within seven days after the sale and file proof of service with the Clerk.

the Plaintiff shall prepare and deliver a proposed entry confirming the sale to the Assignment Commissioner, and serve copies upon all parties or their attorneys of record by regular mail within seven (7) days after the date of sale. Proof of service of such proposed Entry shall be filed with the Clerk.

CRITICAL

Applies to

Appellate brief

Except as otherwise provided by specific rule, statute or court order, in all cases originating in administrative bodies and appealed to this court, the appellant shall serve and file a brief in support of his appeal within thirty (30) days after the date

Except as otherwise provided by specific rule, statute or court order, in all cases originating in administrative bodies and appealed to this court, the appellant shall serve and file a brief in support of his appeal within thirty (30) days after the date

CRITICAL

In lieu thereof, a certificate of service of the serving of interrogatories or answers thereto shall be filed as proof of the serving of the same upon the opposing party or parties.

In lieu thereof, a certificate of service of the serving of interrogatories or answers thereto shall be filed as proof of the serving of the same upon the opposing party or parties.

CRITICAL

Copies of a purchase election must be served on counsel, unrepresented parties, and publication-served parties whose addresses are known.

with copies being served upon all counsel, parties having no counsel and other parties served by publication for whom addresses have been obtained.

CRITICAL

Applies to

Notices and pleadings

Service

Publication

For domestic relations matters involving an unknown defendant served by publication, the Clerk must post notices in three conspicuous places; the text's description of the third location is incomplete.

Pursuant to Civil Rule 4.4 as amended, the Clerk of Courts shall cause to be posted in three (3) conspicuous places notices concerning Domestic Relations matters wherein the whereabouts of the Defendant is unknown and service is being made by publication. All notices, pleadings, etc. required to be posted shall be posted on 1) the bulletin board on the main floor, 2) in the Commissioner's Office on the ground floor and 3) outside the Clerk of Court's office on the top

CRITICAL

The joint motion must include proof of service on all counsel, the Chairman, and the arbitrators.

When a case is settled after a Chairman and two Arbitrators are appointed, and prior to any Arbitration Hearing, a joint motion by all counsel is to be filed stating the case is settled and to be dismissed, setting forth instructions to the Chairman and Arbitrators to submit a statement for compensation for services rendered, if any, to be filed with the Clerk of this Court, within two (2) weeks of the filing of the motion, with proof of service to all counsel, chairman and arbitrators, unless a waiver in writing for compensation has been filed with the Clerk of Courts.

CRITICAL

Service

Mail to all parties

The Court must mail or otherwise forward copies of the findings and award to all parties or their counsel on the same day they are filed.

Deliberations of the Arbitrators shall commence immediately after conclusion of the hearing and the Arbitrators shall reach a decision and file their findings and award, if any, within twenty-one (21) days with the Court, which on the same day shall mail or otherwise forward copies thereof to all parties to the arbitration or their counsel, seal the original in an envelope and file it with the Clerk of Courts.

CRITICAL

Applies to

Appellee brief

The appellee must serve its brief within 14 days after service of the appellant’s brief.

The appellee's brief shall be served and filed within fourteen (14) days after service of the brief of the appellant.

CRITICAL

Applies to

Motions and applications

In domestic relations matters, motions and applications filed after decree must be served on the adverse party under the Civil Rules.

In Domestic Relations matters, all motions and applications filed after decree shall be served upon the adverse party pursuant to Civil Rules.

CRITICAL

Applies to

Affidavit

The affidavit must be served with the Answer unless the filer does not dispute the other party’s affidavit.

Said affidavit will also be filed with the Answer and served with the Answer unless the person filing the Answer has no dispute with the Affidavit filed by the other party.

CRITICAL

A party seeking to reject the findings and award must serve notice of rejection on all other parties within 30 days after the award was served on that party and filed.

If a party desires to reject the findings and award, if any, notice of rejection must be served upon all other parties within thirty (30) days after the award was served upon said party and filed.

CRITICAL

The filer or counsel must promptly serve each subsequent paper on opposing counsel and unrepresented parties, except transcripts, and service and proof of service must follow the applicable rules or law.

A true copy of each subsequent pleading, motion, response, brief, application or other paper filed in any cause shall be served forthwith by the party filing the same or his counsel upon opposing counsel and each party not represented by counsel, except that transcripts of the proceedings, deposition, and other transcripts of evidence shall not be required to be so served. Such service as well as proof of service shall be made as set forth in the Ohio Rules of Civil Procedure or as otherwise provided by law or local Rule of Court.

CRITICAL

The motion and supporting affidavit must be served on adverse parties by regular mail or, for local counsel, by box.

The motion and affidavit shall be served upon the adverse parties by regular mail or by box for local counsel.

CRITICAL

Applies to

Withdrawal entry

Service

Mail

If withdrawal is granted, counsel must send the client a copy of the entry by certified mail, return receipt requested, at the client's last known address.

If the Motion is granted, counsel shall notify his client of his withdrawal by sending him a copy of theEntry by certified mail, return receipt requested, at the client's last known address.

CRITICAL

Notice of the motion hearing must be given to counsel, unrepresented parties, and publication-served parties whose addresses are known.

to cause notice of a hearing of the Motion to be given to counsel and to parties having no counsel, including parties served by publication for whom addresses have been obtained.

CRITICAL

On the day the report and award are filed, the Chairman must mail or otherwise forward copies to all parties or their counsel.

and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

CRITICAL

Service

Mail

The Clerk must notify each defendant by mailing the judgment entry by registered or certified mail to the address in the petition.

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

CRITICAL

The Assignment Commissioner must notify the arbitrators and the parties or their counsel in writing of the hearing’s time and place at least 30 days beforehand.

The Assignment Commissioner shall notify the Arbitrators and the parties or their counsel in writing at least thirty (30) days before the hearing of the time and place of the hearing.

CRITICAL

An opposition to the appraised value must be served on all parties and counsel.

and served on all parties and counsel as set forth above.

CRITICAL

Parties who amend pleadings must serve the other parties under the Ohio Rules of Civil Procedure.

The parties making such pleading amendments shall serve other parties pursuant to Ohio Rules of Civil Procedure.

WARNING

The Clerk may serve the Harrison County Treasurer personally or by executed waiver regardless of the requested method, but if neither can be accomplished promptly, the Clerk must use the method requested by counsel.

The Clerk of Courts is authorized to complete service upon the Harrison Co. Treasurer by personal service or an executed waiver of service regardless of the type of service requested. If service cannot be accomplished in a prompt manner in personal service or waiver, the Clerk shall proceed to the manner sought by counsel.

WARNING

Pursuant to Rule 56 (c), the Court shall set a hearing date by entry and cause notice to be served upon counsel.

Pursuant to Rule 56 (c), the Court shall set a hearing date by entry and cause notice to be served upon counsel.

WARNING

Counsel are responsible for their cases, and the Clerk places copies of court rulings in the box provided for each counsel or office.

All counsel shall be individually responsible for their cases and copies of rulings of the Court shall be placed in the box provided for each counsel or office by the Clerk.

WARNING

Notice of the hearing on Plaintiff's counsel's fee motion must be given as provided in the rule.

notice of which shall be given as provided herein.

WARNING

Service

Mail

The Clerk's Office must mail hearing notices as counsel directs, or by regular U.S. mail to the last address of record by the close of the next business day after receipt if no directions are provided.

The Clerk of Court's Office shall mail the Notices prepared by the Assignment Commissioner as directed by legal counsel for the service of the pleadings to which the Notice is attached. If no directions are included, said Notices of Hearings are to be mailed by regular U.S. mail by the close of the next business day following receipt thereof to the last address of record.

WARNING

Service

Mail

Copies of court rulings will be mailed to out-of-county counsel at the address on the most recent pleading.

Copies will be mailed to out of county counsel at the address stated on the most recent pleading.

WARNING

Applies to

Subsequent pleading

Subsequent pleadings may be served through the designated counsel or law-office slot, which constitutes complete service on counsel of record; the action must be noted in a proof of service when required.

All pleadings subsequent to the original Complaint may be served by placing in the slot designated for each legal counsel or law office. Such action shall constitute full and complete service upon said attorney of record. Such action shall be noted in a Proof of Service when required and shall be deemed by this court as sufficient.

WARNING

The Clerk may place notices for local counsel in counsel's filing slot, which counsel must check regularly; notice is considered made upon placement.

Notices for local legal counsel may be placed in the filing slot main- tained for said legal counsel by the Clerk of Courts. Legal counsel has the responsibility of checking the box regularly. Notice is considered made once the Notice is placed in the legal counsel's box.

WARNING

Applies to

Reply brief

The appellant may serve a reply brief within 7 days after service of the appellee’s brief.

The appellant may serve and file a reply brief within seven (7) days after service of the brief of the appellee.

CRITICAL

A continuance request must be served at least 14 days before the arbitration hearing, subject to the stated emergency and agreement exceptions.

When the case has been scheduled for arbitration, a request for continuance of an arbitration hearing date shall be filed and served at least fourteen (14) days before the hearing date, except in extreme emergencies or unless agreed to by all parties as well as the Chairman of the board of Arbitrators, including the agreed date to which the hearing is continued.