Highland County Court, Ohio Service and Proof of Service Rules

CRITICAL

Summons in a special proceeding must be served according to the applicable Ohio Revised Code or Ohio Rules of Civil Procedure provisions.

Summons shall be served in accordance with the Ohio Revised Code or the Ohio Rules of Civil Procedure, whichever is applicable to the proceeding.

CRITICAL

Service

Court service

A filer must provide the clerk with sufficient copies of documents that the clerk, bailiff, or Sheriff will serve.

Sufficient copies of every pleading, motion, or document to be served by the clerk, bailiff, or Sheriff, shall be filed with the clerk.

CRITICAL

Applies to

Notice of completion of limited appearance

A Notice of Completion of Limited Appearance must be served on all parties, including the party represented, under Civ.R. 5.

(E) An attorney may enter a "Notice of Limited Appearance" as authorized by Prof. Cond. R. 1.2(c) and in accordance with Civ.R. 3(B). Such an appearance shall terminate without the necessity of leave of court, upon the attorney filing a "Notice of Completion of Limited Appearance" filed and served upon all parties, including the party for whom the appearance was made, in accordance with Civ.R. 5.

CRITICAL

Applies to

Subpoena

After a subpoena is issued, the party is responsible for determining whether the witnesses were properly served so they will appear in court.

Once a subpoena is issued by the clerk's office, it is the responsibility of the party to determine whether or not the witnesses have been properly served in order to assure their appearance in court.

CRITICAL

The moving party must verify that the other parties were properly served as required by the default-judgment rule.

The moving party shall be responsible to verify that the other parties have been properly served as required by this rule.

CRITICAL

Service

Court service to all parties

The clerk must serve copies of the Decision on the parties or their attorneys.

Copies of the Decision shall be served upon the parties or their attorneys by the clerk.

CRITICAL

Applies to

Summons

Summonses must be served in accordance with the Ohio Rules of Civil Procedure.

Summons shall be served in accordance with the Ohio Rules of Civil Procedure.

CRITICAL

Requests to modify a sentence must be filed with the clerk, and a copy must be served on the defendant's probation officer if the defendant is serving community control.

(A) All requests for modification of sentences shall be filed with the clerk and a copy of the same shall be served upon the defendant's probation officer, if the defendant is serving a term of community control.

CRITICAL

Applies to

Electronically produced traffic complaint

When a complaint is produced electronically at the scene, the issuing officer must provide the defendant a paper copy.

If a complaint is produced electronically at the scene of an alleged offense, the officer issuing the complaint shall provide the defendant with a paper copy of the complaint.

CRITICAL

Service

Mail to all parties

For an unliquidated claim or when the defaulting party has appeared, the court must schedule a hearing, serve notice on all parties, and set the hearing at least seven days after mailing notice.

In these cases, the court will schedule a hearing before a judge or magistrate and serve notice of hearing on all parties. The hearing will not be set less than seven (7) days after mailing the notice of hearing.

CRITICAL

Service

Mail

If summons is not served within six months after filing, the clerk must mail notice that the case will be dismissed in ten days unless good cause is shown.

counsel, or the unrepresented party, fails to obtain service of summons within six (6) months from the date the cause of action has been filed, then the clerk shall notify counsel, or the unrepresented party, that the case will be dismissed in ten (10) days pursuant to Civ. R. 41 unless good cause is shown to the contrary. Notification shall be by regular U.S. mail.

CRITICAL

Applies to

Garnishment papers

Garnishment papers must include proof of service of the demand and the garnishee’s required fee.

They will be accompanied by the proof of service of the demand required by R.C. 2716.04, and by the garnishee's fee provided by R.C. 2716.12.

CRITICAL

When no law or other rule sets the filing date, the pleading or amended pleading must be served within 14 days after the specified court entry, unless the entry provides otherwise.

In all cases where the filing of a pleading or amended pleading is not fixed by law or another rule, the pleading or amended pleading shall be served on or before the fourteenth (14th) day after the date of the entry requiring or granting leave for the filing of such pleading or amended pleading, or overruling or sustaining a motion, unless otherwise specified in the entry.

CRITICAL

Applies to

Missing exhibit

A missing exhibit filed separately must be signed and served in accordance with the rules governing the signing and service of pleadings in the court.

Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.

CRITICAL

A party or attorney filing a post-complaint document must mail or deliver a copy to each other party or that party’s attorney and note the mailing or delivery on the original; a copy accompanying a summons may instead be deposited with the clerk.

It shall be the duty of the party or attorney filing a pleading, written motion, or other document subsequent to the complaint to mail or deliver a copy thereof to each other party to the case, or the attorney for such party. Failure to comply with this rule shall be sufficient cause to strike the pleading, motion, or other document from the Court files. If a copy of a pleading is to accompany a summons to be served in the case, it shall be sufficient compliance with this rule to deposit such copy with the clerk. The fact of such mailing or delivery to the adverse party shall be noted on the original.

CRITICAL

Applies to

Motion for substitution and notice of hearing

A substitution motion and hearing notice must be served on parties under Civil Rule 5 and on nonparties under Civil Rules 4 through 4.6.

The motion for substitution may be made by any party or by the successor of any party and, together with a notice of hearing, shall be served on the parties as provided in Civil Rule 5, and upon persons not parties in the manner provided in Civil Rule 4 through Civil Rule 4.6 for the service of summons.

CRITICAL

Service on counsel through a Clerk’s Office notice box is complete the day after placement, under a rule limited to Highland County Court.

Notice boxes in the Clerk's Office will be provided for the prosecutor, law enforcement, state or county agency, and any local counsel who so requests for making and receiving service. Service on counsel shall be considered complete on the day following placement therein. This rule applies only to the operation of Highland County Court.

CRITICAL

The clerk must immediately notify counsel or an unrepresented party of failed service; if service is not obtained within six months after filing, the clerk must notify them that the proceeding will be dismissed in ten days unless good cause is shown.

If there is a failure of service, the clerk shall notify counsel or the unrepresented party immediately. If counsel or the unrepresented party fails to obtain service of summons within six (6) months from the date the cause of action has been filed, then the clerk shall notify counsel or the unrepresented party that the proceeding will be dismissed in ten (10) days unless good cause is shown to the contrary.

WARNING

When the defendant requests discovery under Criminal Rule 16, the prosecutor and defense should complete their discovery exchange before the pretrial.

If a request for discovery is made by the defendant pursuant to Crim. R. 16, both the prosecutor and defendant's attorney or defendant should complete exchange of discovery prior to the pretrial.