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

CRITICAL

Applies to

Continuance motion

A written continuance motion must be served on the opposing party.

13.1 No continuances of any court dates will be granted except upon written motion served upon the opposing party and by entry approved by the court and reflected upon the court’s docket.

CRITICAL

Applies to

Non trial motion

A motion filed for a purpose other than trial must be served on the opposing party and filed at least 14 days before the scheduled hearing.

Motions filed for purposes other than trial shall be served on the opposing party and filed with the court no later than fourteen days prior to a scheduled hearing.

CRITICAL

A party that obtains a prospective exhibit after the Disclosure Date despite due diligence must supply it to the adverse party within 24 hours of obtaining it and at least 24 hours before referring to it at trial.

Any party that first obtains a prospective exhibit after the disclosure date, despite the exercise of due diligence to obtain it earlier, shall supply a copy of that prospective exhibit to the adverse party (a) within twenty-four hours after obtaining it, and (b) no less than twenty-four hours before referring to it at the trial.

CRITICAL

Applies to

Guardian ad litem report

Legal counsel must provide their clients a copy of the guardian ad litem report.

Legal counsel shall provide a copy of the report to their clients.

CRITICAL

The parties must exchange the documentation and information specified in the mediation referral order.

The parties shall also be required to exchange such documentation and information as may be ordered in the order of referral.

CRITICAL

Applies to

Case filings

The guardian ad litem must receive notice of all hearings and proceedings and be served copies of all pleadings, motions, notices, and other case documents filed.

The guardian ad litem shall be given notice of all hearings and proceedings and shall be served a copy of all pleadings, motions, notices and other documents filed in the case.

CRITICAL

The Defendant must serve the motion, memorandum, and supporting affidavit with the answer under Civil Rule 5.

Defendant shall serve a copy of a motion, memorandum and supporting affidavit with the answer pursuant to Civil Rule 5.

CRITICAL

Service

Court service to opposing party

A copy of the motion, memorandum and supporting affidavit filed by Plaintiff shall be served by the Clerk with the summons and complaint.

A copy of the motion, memorandum and supporting affidavit filed by Plaintiff shall be served by the Clerk with the summons and complaint.

CRITICAL

Service

Mail

The Clerk must serve the approved withdrawal entry on the withdrawing counsel’s client by ordinary mail, as provided in the proposed entry.

A proposed entry to approve the withdrawal shall also be submitted with the motion and shall include a provision that a copy of the entry shall be served by the Clerk upon the client of the withdrawing counsel by ordinary mail.

CRITICAL

A party objecting to an adverse party’s exhibit must serve the written Objection Statement no later than one day before trial.

No later than one day before trial, each party who objects to the admissibility of any adverse party’s exhibit shall file and serve a written Objection Statement regarding any challenged exhibits which shall state (a) whether the party objects to an exhibit’s authenticity, and (b) any other ground on which the party objects to that exhibit’s admissibility (without argument or citation of authority).

CRITICAL

Applies to

Guardian ad litem report

The guardian ad litem must provide the report to the court, each party’s legal counsel, and unrepresented parties.

The guardian ad litem shall provide a copy of the report to the court, legal counsel for any party and to unrepresented parties.

CRITICAL

Service

Mail to opposing party

Attorneys or moving parties must provide copies of all bills and payment proofs to the opposing party and Court at the hearing, or mail a copy to opposing counsel in advance.

31.5 Attorneys or moving parties shall have a copy of all bills, proof of insurance paid and proof of the Movant’s payment for the opposing party and the Court at a hearing or mail a copy to opposing counsel in advance.

CRITICAL

Service

Mail

Juror summonses must be delivered by ordinary mail.

The juror summons shall be delivered by ordinary mail.

CRITICAL

Service

Publication

For indigent persons, service by publication must be made by posting at each of the four specified courthouse and county-building locations.

Pursuant to Civil Rule 4.4(A)(2) in the case of indigents, service by publication shall be by posting on the bulletin board in the first floor lobby of the Court House, on the wall of the Domestic Relations Division waiting room on the second floor of the Court House, on the bulletin board of the first floor of the Highland County administration building on Governor Foraker Place, and on the bulletin board of the Highland County Tech Center building located at 1575 N. High St.

CRITICAL

Applies to

Motion to continue

A written motion for a continuance must be served on the opposing party.

No continuances of any court proceeding will be granted except upon written motion served upon the opposing party and by entry approved by the court and reflected upon the court’s docket.

CRITICAL

For a divorce or legal-separation action, the Clerk must include the temporary restraining order with the summons and complaint served on the defendant.

Upon the filing of an action for divorce or legal separation, a mutual temporary restraining order shall be issued as set forth in Appendix E. The Clerk shall include a copy of the temporary restraining order with the summons and complaint served on defendant and shall mail a copy of the temporary restraining order to both parties by ordinary mail.

CRITICAL

A copy of a motion requesting access to a confidential document must be served on all parties and attorneys of record.

A copy of the motion shall be served upon all parties and attorneys of record in the case.

CRITICAL

Applies to

Affidavit

The attorney-fee affidavit must be submitted to opposing counsel or the self-represented party at least two days before the final hearing.

The affidavit must be submitted to opposing counsel or self-represented party at least two days (2) before he final hearing.

CRITICAL

Applies to

Motions and supporting documents

Copies of motions and supporting documents must be served on opposing counsel.

Copies of all motions and supporting documents shall be served upon counsel for the opposing party.

CRITICAL

A document certifying service of a discovery request on the opposing party must be filed with a certificate of service.

A document certifying that a discovery request has been served upon the opposing party shall be filed with a certificate of service.

CRITICAL

Applies to

Motion to withdraw as counsel

A motion to withdraw must be served on the withdrawing counsel’s client and counsel for all other parties.

A copy of the motion shall be served on the client of the withdrawing counsel as well as counsel for all other parties.

CRITICAL

Service

Court service

Foreclosure complaints and counterclaims or crossclaims must include sufficient copies for clerk service and return of file-stamped copies.

The Plaintiff shall file the original complaint and sufficient copies for service by the Clerk and for returning file stamped copies. Defendants filing counter claims or cross claims for foreclosure shall file sufficient copies for service by the Clerk and returning file stamped copies.

CRITICAL

A party who wishes to cross-examine the guardian ad litem must ensure written notice is given at least seven days before the hearing.

The party wishing to cross examine shall be responsible for ensuring that written notice is given at least seven days in advance of the hearing so that the guardian ad litem can prepare for the testimony.

CRITICAL

Service

Mail to all parties

Copies of the report must be mailed to counsel for each party or to an unrepresented party, with the report provided at least seven days before the hearing unless otherwise ordered.

The psychologist or psychiatrist will provide the court with the original written report and recommendation (including case name and number, the date of hearing) no less than seven (7) days prior to the hearing unless otherwise ordered, with copies mailed to counsel for each party, or to a party if unrepresented.

CRITICAL

No later than one week before trial, each party must supply adverse parties a list of proposed exhibits and a pre-marked copy of each exhibit it may offer, or identify an exhibit already possessed from discovery responses.

No later than one week before trial (“Disclosure Date”), each party shall supply the adverse party with a list of all proposed exhibits and a pre-marked copy of every exhibit that the party may offer at the trial (or reference to any exhibit which the adverse part already possesses from discovery responses).

CRITICAL

Applies to

Subpoena

Parties and attorneys are responsible for allowing sufficient time to serve subpoenas.

Parties and/or attorneys are responsible for allowing sufficient time for service of the subpoenas.

CRITICAL

Absent proof of exigent or other compelling circumstances in the supporting affidavits, the Court will not grant specified ex parte support or expense orders until 14 days after service, allowing the opposing party to file counter-affidavits.

Unless proof of exigent or other compelling circumstances is shown in the supporting affidavits, the Court will not grant ex parte orders for child support, spousal support or payment of expenses and debts until fourteen days after service of the motion has been made upon the opposing party to give that party opportunity to file counter affidavits.

CRITICAL

If a party discovers a prospective witness after the Disclosure Date despite due diligence, it must disclose the witness within 48 hours of learning of them and at least 24 hours before referring to them at trial.

Any party that first locates a prospective witness after the Disclosure Date despite the exercise of due diligence to learn about that witness earlier, shall disclose the name of that witness to each adverse party (a) within forty-eight hours after learning about that witness, and (b) no less than twenty-four hours before referring to the witness at the trial.

CRITICAL

No later than one week before trial, each party must provide adverse parties the names of all witnesses it intends to call.

No later than one week before trial (“Disclosure Date”), each party will provide any adverse party with the name of all witnesses whom that party intends to call at the trial.

WARNING

Applies to

Precipe and subpoena

For service on a person residing in Highland County, the Court recommends presenting the precipe and subpoena to the Clerk at least five business days before the appearance date.

It is recommended that precipes and subpoenas for persons residing in Highland County be presented to the Clerk at least five business days prior to the date of appearance to allow ample time for service of the subpoena.

WARNING

Applies to

Guardian ad litem complaint

A copy of a complaint must be provided to the guardian ad litem who is its subject so that the guardian may respond in writing.

A copy of the complaint will be provided to the guardian ad litem who is the subject of the complaint for purpose of responding in writing.

WARNING

Applies to

Precipe and subpoena

For a person residing outside Highland County, the filing party or attorney should contact that county’s Sheriff or another process server to determine the time needed for service.

The party and/or attorney filing a precipe and subpoena for persons residing outside of Highland County should contact the Sheriff of that county or other process server to determine how much time will be needed for service of the subpoena.