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

CRITICAL

Electronically filed documents must be served under Ohio Civil Rules 4 and 5 and Ohio Criminal Rule 49.

Documents filed electronically with the clerk must be served in accordance with Ohio Civil Rules 4 and 5 and Ohio Criminal Rule 49.

CRITICAL

The e-filing system sends notice to registered users and parties with an email address on prior filings; the filer must serve a paper copy on parties who receive no electronic notice.

When a submission is deemed filed, the clerk’s eFiling system will generate a Notification of Electronic Filing to the filer and any other party to the case or their counsel who is a registered user of the clerk’s eFiling system. Parties who have listed an email address on prior court filings will also receive the Notification of Electronic Filing. Parties to the case or their counsel who are not registered with the clerk’s eFiling system or who have not provided an email address on court filings will not receive a Notice of Electronic Filing. As a result, any filer must serve a paper copy of the e-filed document on all parties to the case or their counsel to whom the clerk’s eFiling system does not send the Notification of Electronic Filing.

CRITICAL

Service

Electronic service

Automatic electronic notice together with the required proof of service constitutes service under Ohio Civil Rule 5 and Criminal Rule 49.

The automatic electronic notice, in conjunction with the required proof of service, will constitute service under Civil Rule 5 and Criminal Rule 49.

CRITICAL

The filing party must provide proof of service for every document required to be served.

Proof of service of all documents required to be served must be provided by the filing party in compliance with Civil Rule 5(B)(4) and Criminal Rule 49.

CRITICAL

Service

Electronic service

Electronic service is complete when the clerk’s eFiling system generates the Notification of Electronic Filing.

For parties or their counsel who receive the Notification of Electronic Filing, service is complete at the time the Notification of Electronic Filing is generated by the clerk’s eFiling system.

CRITICAL

Applies to

Memorandum contra

In criminal cases, the memorandum contra must be served on opposing counsel no later than 14 days after the motion is filed, unless the court orders otherwise.

For criminal cases, once a motion has been filed, any memorandum contra to the motion must be filed and served upon the opposing counsel no later than the fourteenth day following the filing of the motion, unless the court orders otherwise.

CRITICAL

The extension motion and affidavit must be served on opposing counsel.

The motion and affidavit must be served upon opposing counsel.

CRITICAL

Applies to

Signed judgment entry

All parties must be notified of a category change by providing them with a copy of the signed judgment entry.

notify all parties in the case by providing them with a copy of the signed judgment entry allowing the change of category.

CRITICAL

A party joining additional parties must serve them with the case schedule.

A party who joins an additional party or parties will be responsible for serving the additional party or parties with the case schedule.

CRITICAL

Applies to

Amended case schedule

A party whose motion results in a modified case schedule must promptly serve the amended schedule on all other parties.

The trial judge, either on motion of a party or sua sponte, may modify any date in the case schedule for good cause and on terms as are just. If the case schedule is modified on motion of a party, that party must prepare and present to the trial judge for signature an "Amended Case Schedule," which must be promptly filed and served on all other parties.

CRITICAL

Applies to

Default judgment motion

The default-judgment motion must be served on the defendant even if the defendant has not appeared.

Service of the motion upon the defendant(s) is required even if the defendant(s) has not made an appearance in the case.

CRITICAL

Applies to

Default judgment hearing notice

If the party opposing default judgment has appeared, written notice of the motion hearing will be served on all parties.

Under Civ.R. 55, if the party against whom judgment by default is sought has appeared in the action, written notice of the hearing on the motion will be served upon all parties.

CRITICAL

Applies to

Trial brief

Counsel must file the trial brief and serve it on opposing counsel.

Counsel shall file and serve upon opposing counsel a trial brief.

CRITICAL

Applies to

Proposed jury instructions

Counsel must file proposed jury instructions and serve them on opposing counsel.

Counsel shall file and serve upon opposing counsel proposed jury instructions

CRITICAL

Applies to

Proposed verdict forms

Counsel must serve proposed verdict forms and, if applicable, proposed jury interrogatories on opposing counsel.

Counsel shall file and serve upon opposing counsel proposed verdict forms, and, if applicable, proposed jury interrogatories.

CRITICAL

The party who submitted or approved an entered proposed order must serve it on the receiver or counsel and specified parties, and file proof of service.

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

Applies to

Receiver plan and report

Copies of each receiver’s plan and report must be filed with the clerk and served on appearing parties and parties for whom service remains pending.

(D) Copies of each receiver’s plan and report must be filed with the clerk, with service upon all parties who have made an appearance or for whom service remains pending.

CRITICAL

Applies to

Application to retain professional

Unless the court addresses the application at the initial receivership hearing, written notice of each application must be given to the debtor, appearing parties, and parties for whom service remains pending.

Unless the court addresses the application during the initial hearing on whether to grant a receivership, written notice of all such applications must be given to the debtor, all parties that have appeared, and all those for whom service of process remains pending.

CRITICAL

Applies to

Notice of intent to sell or lease receivership property

Unless otherwise ordered, the receiver must serve notice of the intent and terms of a proposed sale or lease on all parties and known interested persons.

Unless otherwise ordered, a receiver must 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 must 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

Applies to

Complaint

If title evidence shows a necessary party was not named as a defendant, the submitting attorney should promptly add that party and must serve the complaint under the Ohio Rules of Civil Procedure.

Where the evidence of title indicates that a necessary party or parties have not been made defendants, the attorney for the party submitting the judgment decree should proceed without delay to cause those new parties to be added and must serve a copy of the complaint in accordance with the Ohio Rules of Civil Procedure.

CRITICAL

Service

Mail to all parties

The plaintiff must serve copies of the proposed confirmation entry by regular mail on all parties or their attorneys of record within seven days after the sale.

The plaintiff must prepare and deliver a proposed entry confirming the sale to the judge for signature and serve copies upon all parties or their attorneys of record by regular mail within seven days after the date of sale.

CRITICAL

Applies to

Judgment entry scheduling the arraignment and notice of the right to appointed counsel

When the prosecutor requests service of an indictment by summons, the Sheriff must serve the arraignment-scheduling judgment entry and notice of the right to appointed counsel when serving the indictment and summons.

In all cases in which the prosecuting attorney has requested service of process of an indictment to be accomplished by means of a summons, the Sheriff of Hocking County, Ohio, shall serve a copy of the judgment entry scheduling the arraignment and the notice of the right to appointed counsel upon the defendant at the time of the service of the indictment and summons.

CRITICAL

The clerk must send the defendant and surety a bail-forfeiture notice in a Court-approved form.

Notice of bail forfeiture shall be sent by the clerk to the defendant and to the surety in a form as may be approved by the Court.

CRITICAL

Upon a victim’s request, the Prosecutor’s Office must ensure the victim receives notice of all public proceedings involving the alleged offense.

The Prosecutor’s Office shall ensure that the alleged victim, upon request, be given notice of all public proceedings involving the alleged criminal offense against the victim and the opportunity to be present at all such proceedings.

CRITICAL

The Prosecutor’s Office must notify the alleged victim of any motion affecting the victim’s privacy rights.

The Prosecutor’s Office shall notify the alleged victim of any motion that affects the privacy rights of the alleged victim.

CRITICAL

When a post-conviction petition is filed, the clerk must issue written notice to the prosecuting attorney.

Upon the filing of a petition, the clerk must issue written notice to the prosecuting attorney.

CRITICAL

Applies to

Affidavits

The affidavits filed with a divorce, annulment, or legal-separation complaint must be served on the defendant with the complaint.

The affidavits shall be served on the defendant with the complaint.

CRITICAL

Applies to

Affidavits

The affidavits filed with an answer or counterclaim in a divorce, annulment, or legal-separation case must be served on the plaintiff with that filing.

The affidavits shall be served on the plaintiff with the answer and/or counterclaim.

CRITICAL

The standard mutual restraining order must be accepted by the plaintiff upon filing the complaint and served on the defendant with the summons.

(B) These restraints shall be imposed by the Court’s standard mutual restraining order which shall be accepted by plaintiff upon filing the complaint and shall be served upon defendant along with summons.

CRITICAL

Applies to

Motion to schedule hearing

After receipt of the notice of intent to relocate, the other parent may file a motion to schedule a hearing to determine whether it is in the best interest of the child(ren) to revise the parenting time schedule. The motion shall be served on the relocating parent in accordance with Civ.R. 75(J).

After receipt of the notice of intent to relocate, the other parent may file a motion to schedule a hearing to determine whether it is in the best interest of the child(ren) to revise the parenting time schedule. The motion shall be served on the relocating parent in accordance with Civ.R. 75(J).

CRITICAL

After conversion, the divorce action proceeds under the Civil and Local Rules as if the motion were the original complaint, including issuance and service of summons on the defendant.

The divorce action then shall proceed in accordance with the Civil and Local Rules in the same manner as if the motion had been the original complaint in the action, including, but not limited to, the issuance and service of summons upon the defendant.

CRITICAL

Applies to

Pretrial statement

The parties must provide the Court and all parties with a pretrial statement seven days before the pretrial conference.

Seven days prior to the pretrial conference, the parties shall provide the Court and all parties with a pretrial statement.

CRITICAL

Applies to

Pretrial statement

If a final pretrial is scheduled, the parties must provide the Court and all parties with an updated pretrial statement seven days beforehand.

If a final pretrial is scheduled, then seven days prior to the final pretrial, the parties shall provide the Court and all parties an updated pretrial statement.

CRITICAL

Parties must provide expert witness reports to the opposing party at least 30 days before trial or an evidentiary hearing, unless the Court grants leave.

The parties shall submit to the opposing party all expert witness reports not less than 30 days prior to the trial or evidentiary hearing, absent leave of court.

CRITICAL

If a testifying expert has not issued a report, the party must provide the opposing party an expert-prepared summary at least 30 days before trial or an evidentiary hearing, unless the Court grants leave.

If an expert has not issued a report but is still being called as a witness, then the party shall submit a summary, prepared by his or her expert, to the opposing party not less than 30 days prior to the trial or evidentiary hearing, absent leave of court.

CRITICAL

At least seven days before trial or an evidentiary hearing, parties must provide the opposing party paper or electronic copies of all documents and other exhibits they intend to introduce.

Not less than seven days prior to the trial or evidentiary hearing, the parties shall submit to the opposing party copies (paper or electronic) of all documents or other exhibits to be introduced at the trial or evidentiary hearing.

CRITICAL

The contempt motion and order to appear must be served on the alleged contemnor under Civ.R. 4 through 4.6.

A motion for contempt and the order to appear shall be served on the alleged contemnor pursuant to Civ.R. 4 through 4.6.

CRITICAL

In a pending case, copies of the motion, affidavit, order, and notice must also be sent to opposing counsel under Civ.R. 5, but that does not serve the alleged contemnor.

If there is a pending case, a copy of the motion, affidavit, order, and notice shall also be sent to opposing counsel pursuant to Civ.R. 5; however, sending a copy to opposing counsel does not constitute proper service on the alleged contemnor.

CRITICAL

Service

Personal service

The clerk must process the ex parte CPO for personal service on the respondent by the sheriff and notify the police department; the clerk or sheriff must notify the petitioner if service fails.

(E) The clerk will process the ex parte CPO for personal service on the respondent by the sheriff and for police department notification. The clerk or sheriff will notify the petitioner upon a failure of service.

CRITICAL

Service

Mail to all parties

The Full Hearing CPO is delivered to the Clerk of Courts for filing, mail service on both parties, and police department notification.

(D) The Full Hearing CPO will be delivered to the Clerk of Courts for filing, for mail service on the petitioner and respondent, and for police department notification.

CRITICAL

Applies to

Consent agreement

Service

Mail to all parties

The Consent Agreement must be delivered to the Clerk of Courts for filing, mail service on the petitioner and respondent, and police department notification.

The Consent Agreement will be delivered to the Clerk of Courts for filing, for mail service on the petitioner and respondent, and for police department notification.

CRITICAL

Applies to

Court order

Service

Mail to all parties

The order must be delivered to the Clerk of Courts for filing, mail service on the petitioner and respondent, and police department notification.

The order will be delivered to the Clerk of Courts for filing, for mail service on the petitioner and respondent, and for police department notification.

CRITICAL

Applies to

Child or spousal support order

Service

Court service to agency

The Clerk of Courts must serve the Hocking County CSEA with a copy of every child or spousal support order.

The Clerk of Courts shall serve a copy of every order for child or spousal support upon the Hocking County CSEA.

CRITICAL

The moving party must serve a copy of the motion materials on the non-moving party.

The moving party shall file a memorandum of fact and law and may include affidavits, transcripts, depositions, answers to interrogatories, exhibits, and other relevant materials and shall serve a copy upon the non-moving party

CRITICAL

The opposing party may file and serve a reply brief or memorandum in opposition with supporting materials within 14 days after service of the motion for relief from judgment.

The opposing party may file a reply brief or memorandum in opposition along with supporting materials within 14 days after service of the motion and shall serve a copy upon the moving party

CRITICAL

Service

Electronic service to all parties

The e-filing system’s notice, together with required proof of service, constitutes service for recipients who receive it; filers must serve a paper copy on recipients who do not.

(iv) Automated Service. When a submission is deemed filed, the clerk’s e-Filing system will generate a Notification of Electronic Filing to the filer and any other party to the case or their counsel who is a registered user of the clerk’s e-Filing system. Parties who have listed an email address on prior court filings will also receive the Notification of Electronic Filing. Parties to the case or their counsel who are not registered with the clerk’s e-Filing system or who have not provided an email address on court filings will not receive a Notice of Electronic Filing. As a result, any filer must serve a paper copy of the e-filed document on all parties to the case or their counsel to whom the clerk’s e-Filing system does not send the Notification of Electronic Filing. The automatic electronic notice, in conjunction with the required proof of service, will constitute service under Civil Rule 5 and Criminal Rule 49.

CRITICAL

Service

Electronic service

Electronic service is complete when the notice is generated; only recipients served by regular mail without an electronic notice receive Civ.R. 6(D) additional response time.

(vi) Service Date and Time to Respond. For parties or their counsel who receive the Notification of Electronic Filing, service is complete at the time the Notification of Electronic Filing is generated by the clerk’s e-Filing system. Parties who do not receive the Notification of Electronic Filing and who are served by regular U.S. mail will have additional time to respond as provided by Civ.R. 6(D). Parties who receive the Notification of Electronic Filing are not entitled to the additional time to respond provided by Civ.R. 6(D).

CRITICAL

Counsel and self-represented parties must exchange all exhibits by the time specified in the trial or pretrial order, or at least 14 days before trial if no time is specified.

All exhibits shall be exchanged by counsel or unrepresented parties.

CRITICAL

A party seeking relief from judgment must file a memorandum of fact and law, serve the opposing party, and hand-deliver a copy to the judge’s or magistrate’s administrative assistant.

The moving party shall file a memorandum of fact and law and may include affidavits, transcripts, depositions, answers to interrogatories, exhibits, and other relevant materials and shall serve a copy upon the non-moving party and hand- deliver a copy to the judge or magistrate’s administrative assistant.

WARNING

Registering as an e-filer constitutes consent to electronic service of pleadings filed by other registered e-filers and of Court orders.

Registration as an e-filer constitutes consent to accept electronic service of any pleadings filed by other registered e-filers as well as any orders issued by the Court.

WARNING

Service

Electronic service

After appearing, a party must provide a regularly monitored email address, and service should thereafter be electronic when possible.

Once a party has entered an appearance in the case, the party must furnish his or her email address that is regularly monitored, and service thereafter should be made electronically when possible.

WARNING

Service

Mail

Parties served by regular U.S. mail without receiving an electronic filing notification receive the additional response time provided by Civ.R. 6(D).

Parties who do not receive the Notification of Electronic Filing and who are served by regular U.S. mail will have additional time to respond as provided by Civ.R. 6(D).

WARNING

Service

Electronic service

Parties who receive an electronic filing notification are not entitled to Civ.R. 6(D)’s additional response time.

Parties who receive the Notification of Electronic Filing are not entitled to the additional time to respond provided by Civ.R. 6(D).

WARNING

Service

Electronic service

If the eFiling system fails to generate a service notice, the party to be served may request an order extending the response date.

If the clerk’s eFiling system fails to generate the Notice of Electronic Filing, the party to be served may request an order extending the date for any response.

WARNING

Applies to

Reply memorandum

The movant may serve a reply memorandum on opposing counsel within seven days after the date stated in the memorandum contra’s certificate of service.

A reply memorandum may be filed by the movant and served upon opposing counsel within seven days after the date stated in the certificate of service in the memorandum contra.

WARNING

The clerk should 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.

The clerk should 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.

WARNING

Service

Mail to court

The clerk must send the specified petition notice to each identified court by ordinary U.S. mail.

35.08 The court will attempt to determine all other courts in the state in which the Petitioner has been convicted of or pleaded guilty to an offense through review of the Petitioner’s criminal history or other investigation. The clerk of courts will send a Notice to Court Regarding Petition for Certificate of Qualification for Employment to each court so identified. That Notice will be sent by ordinary US mail.

WARNING

The clerk must send the specified CQE petition notice to the Hocking County Prosecuting Attorney.

35.09 The clerk of courts must 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 Prosecuting Attorney of Hocking County.

WARNING

The clerk should provide a written notice to the Petitioner of the court’s decision and judgment entry. If denied, the notice should include conditions, if any, placed on subsequent filings, as well as language that a final appealable order has been filed.

The clerk should provide a written notice to the Petitioner of the court’s decision and judgment entry. If denied, the notice should include conditions, if any, placed on subsequent filings, as well as language that a final appealable order has been filed.

WARNING

Registration as an e-filer constitutes consent to electronic service of pleadings from other registered e-filers and court orders.

(b) Electronic filer: a person, entity, or authorized agent who e-files. Registration as an e-filer constitutes consent to accept electronic service of any pleadings filed by other registered e-filers as well as any orders issued by the Court.

WARNING

Service

Electronic service to all parties

After appearing, a party must provide a regularly monitored email address, and service should thereafter be electronic when possible.

(ii) Once a party has entered an appearance in the case, the party must furnish his or her email address that is regularly monitored, and service thereafter should be made electronically when possible.