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

CRITICAL

Applies to

Original complaint

Service

Mail

The Clerk must serve the original complaint by certified U.S. mail with return receipt requested unless written instructions requesting an alternative 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

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

Marked documents and exhibits must be shared with opposing counsel at least seven days before trial.

shared with opposing counsel at least seven (7) days prior to trial.

CRITICAL

Applies to

Trial exhibit list

If there is a Court reporter, counsel must provide the reporter 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

The Court shall send copies of judgment entries or other orders to counsel and parties, with transmission to represented parties if ordered.

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 mail all final appealable orders to counsel and parties 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 time, a response must be served within 14 days after service of the paper requiring the 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 7 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 all relevant expert documents, including records and bills, must be provided to opposing counsel at least 10 days before the expert’s deposition or final settlement pre-trial, whichever occurs 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 must send written hearing-date notice to counsel and unrepresented parties at the address on the pleadings or the Clerk’s Office mailbox; notice to represented parties is sent if so ordered.

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 is responsible for notifying clients of all hearing dates.

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

CRITICAL

Immediately upon entry of judgment, the judgment creditor’s attorney must furnish the Clerk of Courts with copies of the pleadings and judgment entry.

C. Immediately upon the entering of any judgment, the attorney who represents the judgment creditor shall furnish a copy of the pleadings and judgment entry to the Clerk of Courts.

CRITICAL

Service

Mail

The Clerk must notify each defendant by registered or certified mail, sending copies of the pleadings and judgment entry to the address 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

Applies to

Notice of limited appearance

The Notice of Limited Appearance must be served as well as filed.

The attorney must file and serve a “Notice of Limited Appearance” that clearly describes the scope of the limited appearance and states that the limitation has been authorized by the client.

CRITICAL

Applies to

Paper required to be served under Civ.R. 5

During a limited appearance, any paper requiring service under Civ.R. 5 must be served on both the attorney and the 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

The Notice of Completion of Limited Appearance must be served as well as filed.

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 give the Clerk written notice of the sale’s time, date, and location.

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.

CRITICAL

The Clerk of Courts must give all counsel and unrepresented parties written notice of the judicially ordered sale’s time, date, and location.

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

Unless the court clearly served the order through the e-filing system, the submitting or approving party must serve it on the specified recipients 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

Unless authorized to continue the business, a receiver must notify all known creditors of the appointment.

Unless the court specifically authorizes a receiver to continue a business, the receiver shall: 1. take control of the assets of the defendant debtor that are subject to the receivership; ' 2. give notice to all known creditors of the receiver's appointment;

CRITICAL

Each receiver’s plan and report must be 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 court addresses the matter at the initial receivership hearing, written notice of each professional-retention application must be given to the debtor, appearing parties, and those with service of process still 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, the receiver must serve notice of the proposed sale or lease and its terms on all parties and all 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 by ordinary mail of their selection and duty to respond.

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.

CRITICAL

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

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

The Guardian ad Litem must be served with copies of all pleadings and provided notice of all hearings.

The Guardian ad Litem shall be served with copies of all pleadings and shall be provided notice of all hearings.

CRITICAL

A motion seeking a continuance must be served upon opposing counsel or any 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

One week before a neutral evaluation session, attorneys and self-represented parties must submit court-ordered documents to the evaluators and other parties, with delivery to opposing counsel or a self-represented party at least seven days beforehand by an allowed method unless the court orders otherwise.

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

When filing a QDRO, counsel or a self-represented party must simultaneously file a praecipe directing the Clerk to serve 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

When filing a Division of Property Order, counsel or a self-represented party must simultaneously file a praecipe directing the Clerk to serve the Plan Administrator.

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

When the investigator’s report is filed, the court must send copies to attorneys of record and 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

When the report is filed, the court must send copies to counsel of record and unrepresented parties, with the specified notice attached as a cover sheet.

c) At the time the report is filed, copies shall be sent by the court to the attorney(s) of record and any unrepresented parties. When the report is sent to the attorney(s) and/or unrepresented parties, a cover sheet containing the NOTICE stated in Paragraph D above shall be attached to the report.

CRITICAL

The report is admitted on the court’s motion as the court’s exhibit in the form of the evaluator’s expert direct testimony, and a party challenging it must subpoena the evaluator 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

Service

Mail to court

The Adult Probation Department must mail the specified notice to each identified court.

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

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

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

The Clerk must notify the DRC of the petition’s disposition and, if granted, order the DRC to issue the CQE to the petitioner.

The Clerk shall also notify the DRC of the disposition of the petition as required under the Administrative Rules, and if granted order the DRC to issue the CQE to Petitioner.

CRITICAL

The Probation Officer must file the probation violation and serve the participant with the violation notice.

The Probation Officer shall file the probation violation and serve the participant with the violation notice.

CRITICAL

The defendant must be served with a copy of any Prosecutor’s motion concerning the alleged violations.

The defendant shall be served with a copy of any motion filed by the Prosecutor relating to the alleged violation(s).

CRITICAL

Service

Court service

The Clerk of Courts must serve 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, Adult Probation and Drug Court Coordinator.

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, Drug Court Coordinator and Adult Probation.

CRITICAL

An interim-fee motion triggered by GAL fees exceeding $2,500 must be served upon all parties.

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

The investigator must provide the report to the Court at least seven days before trial, and the Court will forward copies to counsel and self-represented litigants.

A written report of the investigation shall be provided by the Court Investigator to this Court not less than seven (7) days before trial and the Court will forward copies thereof to counsel of record and self¬ represented litigants.

WARNING

Applies to

Motion response

A response to a written motion other than a summary-judgment motion may be served within fourteen 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.

WARNING

Applies to

Summary judgment response

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

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

WARNING

Applies to

Reply

A movant may serve a reply to a response to any written motion within seven 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.

WARNING

Applies to

Motion

Unless another period is set by the rules or court order, a written motion for a nontrial hearing must be served no later than fourteen 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

WARNING

Applies to

Motion

Unless another period is set by the rules or court order, a written motion for trial must be served no later than twenty-eight days before trial starts.

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

WARNING

Applies to

Motion response

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

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 receiver must give creditors a reasonable opportunity to present and prove claims and, if the receiver or court considers it appropriate, publish a claims-submission deadline in a County newspaper of general circulation.

afford reasonable opportunity for creditors to present and prove their claims, and, if deemed appropriate by the receiver or the court, publish in a newspaper of general circulation within the County a deadline or bar date for submitting claims;

WARNING

The court must notify the evaluator as soon as a hearing or trial date is set, and the evaluator must be available for cross-examination if subpoenaed at least fourteen days before trial.

b) The court shall notify the evaluator as soon as a hearing or trial date is set. The evaluator shall be available to testify on cross-examination regarding the report if subpoenaed by a party not less than fourteen days prior to trial.

WARNING

Each parent must give the other parent 30 days’ written notice of vacation plans and provide a travel itinerary with dates, destination, and contact locations.

Each parent shall give the other parent thirty days written notice of vacation plans and an itinerary of travel dates, destination, and places where the child or parent can be reached.

WARNING

Applies to

Notice to relocate

The Court must send a copy of the Notice of Intent to Relocate to the other parent.

The Court shall send a copy of the notice to the other parent.