Holmes County Court of Common Pleas, General & Domestic Relations Division Service and Proof of Service Rules

CRITICAL

At the commencement of a non-tax foreclosure action, the Clerk must attach a notice informing debtor-defendants of their right to mediation.

At the commencement of the filing of any foreclosure action other than a tax foreclosure action the Holmes County Common Pleas Clerk of Courts shall attach a notification to the debtor-defendants that they have a right to mediation.

CRITICAL

Service

Mail

In cases where the client does not consent to withdrawal, counsel must send the client hearing notice by certified mail, return receipt requested.

(2) In all other cases counsel shall file a written Motion to Withdraw with the Court and counsel shall send written notice to the client of the time, date, and place of the hearing on the Motion by certified mail, return receipt requested.

CRITICAL

Service

Mail

If the motion to withdraw is granted, counsel must send the client a copy of the Entry by certified mail, return receipt requested, to the client’s last known address.

(3) If the Motion is granted, counsel shall notify the client of the withdrawal by sending him a copy of the Entry by certified mail, return receipt requested, at the client’s last known address.

CRITICAL

Applies to

Case management conference notice

The Clerk must serve defendants with the case management conference notice together with the summons.

Defendants shall be served with a copy of the notice establishing the case management conference by the Clerk together with the summons.

CRITICAL

Deadline

7 business days

In jury cases, counsel must serve all parties with the specified jury materials at least seven business days before the final pretrial conference.

(3) If the case is to be tried to a jury, counsel shall also file with the Court and serve upon all parties at least seven (7) business days before the date of final pretrial conference a draft of substantive jury instructions, jury interrogatories (if any), verdict forms, and an indication as to whether a jury view will be requested and, if so, details as to the site parameters of the view.

CRITICAL

Service

Publication

When a defendant’s residence is unknown, service must be by newspaper publication unless the action is governed by the posting-and-mail provisions.

(A) Except in an action governed by divisions (B) and (C) of this rule (SERVICE BY PUBLICATION BY POSTING AND MAIL), if the residence of a defendant is unknown, service shall be made by publication in a newspaper.

CRITICAL

Service

Publication

Newspaper publication must occur at least weekly for six successive weeks, and service is complete on the date of the last publication.

(5) Step 5. The publication shall be published at least once a week for six (6) successive weeks. Service shall be complete at the date of the last publication.

CRITICAL

Service

Publication

After the last publication, the publisher or its agent must file an affidavit of publication and a copy of the notice, which together constitute proof of service.

(6) Step 6. After the last publication, the publisher or its agent shall file with the court an affidavit showing the fact of publication together with a copy of the notice of publication. The affidavit and copy of the notice shall constitute proof of service.

CRITICAL

Service

Publication

The clerk must post the notice at the three specified locations and keep it posted for six successive weeks.

(4) Step 4. The clerk shall post the notice referred to in paragraph (3) above in three different places: (a) the Holmes County Courthouse 1 Court Street Millersburg, OH 44654, (b) the Holmes County Administration Building 75 E Clinton St, Millersburg, OH 44654, (c) the Holmes County Department of Job and Family Services 85 North Grant St., Millersburg, OH 44654. (5) Step 5. The notice shall remain posted for six (6) successive weeks.

CRITICAL

Service

Mail

The clerk must mail the complaint and summons by ordinary mail to the defendant’s last known address, obtain a postal certificate of mailing, remail to any corrected or forwarding address reported during the posting period, and docket each mailing.

(6) Step 6. The clerk shall also cause the complaint and summons to be mailed by ordinary mail, address correction requested, to the defendant's last known address. The clerk shall obtain a certificate of mailing from the United States Postal Service. If the clerk is notified of a corrected or forwarding address of the defendant within the six (6) week period that notice is posted pursuant to paragraphs (4) and (5) above, the clerk shall cause the complaint and summons to be mailed to the corrected or forwarding address. The clerk shall note the name, address and date of each mailing in the docket.

CRITICAL

Service

Publication

Service by posting is available in civil protection order proceedings under the cited statutes.

(C) Service by posting is available in “civil protection order proceedings”. Civil protection order proceedings include proceedings under R. C. 3113.31 (civil protection orders) and R.C.2903.214 (civil stalking protection orders).

CRITICAL

Service

Publication

The clerk must post the notice at three specified locations for six successive weeks, docket where and when it was posted, and service is complete upon entry of posting.

(4) Step 4. The clerk shall post the notice referred to in paragraph (3) above in three different places: (a) the Holmes County Courthouse 1 Court Street Millersburg, OH 44654, (b) the Holmes County Administration Building 75 E Clinton St, Millersburg, OH 44654, (c) the Holmes County Department of Job and Family Services 85 North Grant St., Millersburg, OH 44654. (5) Step 5. The notice shall remain posted for six (6) successive weeks. (7) Step 7. After the last week of posting, the clerk shall note on the docket where and when notice was posted. Service shall be complete upon the entry of posting.

CRITICAL

Service

Mail

The clerk must mail the complaint and summons by ordinary mail with address correction requested, obtain a USPS certificate of mailing, remail to a corrected or forwarding address reported during the posting period, and docket each mailing.

(6) Step 6. The clerk shall also cause the complaint and summons to be mailed by ordinary mail, address correction requested, to the defendant's last known address. The clerk shall obtain a certificate of mailing from the United States Postal Service. If the clerk is notified of a corrected or forwarding address of the defendant within the six (6) week period that notice is posted pursuant to paragraphs (4) and (5) above, the clerk shall cause the complaint and summons to be mailed to the corrected or forwarding address. The clerk shall note the name, address and date of each mailing in the docket.

CRITICAL

Before submitting a judgment entry, prevailing counsel must circulate the original to other trial counsel and appearing unrepresented parties, subject to the stated exceptions and any contrary Court direction.

Except as to certifications, entries granting leave to plead, and matters in which the Court prepares a Judgment Entry, or unless the Court otherwise directs, counsel for the party in whose favor an order, judgment, or decree has being ranted in a civil case shall prepare a Judgment Entry relating the action of the Court and shall submit to the Court the same after circulation of the original to all other trial counsel and all parties unrepresented by counsel who have entered an appearance in the case, within fourteen (14) days of the Court’s decision, unless the time is extended by the Court.

CRITICAL

An objecting party must submit written objections attached to the proposed entry, or may submit an alternative proposed entry, and must serve written objections and alternative entries on counsel and unrepresented parties.

If any objection is made to the proposed Judgment Entry, the objecting party shall state his objection in writing, attach the objections to the Entry, and submit the same with the Court. In the alternative, the objecting party may submit to the Court an alternative proposed Judgment Entry which he/she believes properly reflects the Court’s decision. Written objections and alternative proposed entries shall be served upon all counsel and all parties unrepresented by counsel.

CRITICAL

Service

Mail to all parties

Counsel preparing a proposed Entry may submit the original Entry directly to the Court for approval without circulation among counsel and parties. Such proposed Entry shall, in lieu of the approval of other counsel, contain a certificate of the submitting counsel that on a specified date he mailed a copy of the Judgment Entry to all counsel or parties whose approval is not endorsed thereon.

Counsel preparing a proposed Entry may submit the original Entry directly to the Court for approval without circulation among counsel and parties. Such proposed Entry shall, in lieu of the approval of other counsel, contain a certificate of the submitting counsel that on a specified date he mailed a copy of the Judgment Entry to all counsel or parties whose approval is not endorsed thereon.

CRITICAL

Service

Mail to all parties

Copies of the proposed sale-confirmation entry must be served by regular mail on all parties or their attorneys within seven days after the sale, and proof of service must be filed with the Court.

The plaintiff shall prepare and deliver a proposed entry confirming the sale to the Court, 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 Court.

CRITICAL

Applies to

Subsequent pleadings

Subsequent pleadings may be served on an attorney of record by depositing them in the designated drawer, and the deposit constitutes proper and complete service.

All pleadings subsequent to the original Complaint to be served upon any attorney or record in the action by the Clerk, the Court, or opposing counsel may be deposited in the drawer designated for that attorney, firm or association of attorneys, and such deposit shall constitute proper and complete service upon said attorney of record.

CRITICAL

A jury-view request and a copy for opposing counsel must be filed and served at least 14 days before trial.

If a party requests a jury view, said request shall be made in writing and filed with the Court and a copy served upon opposing counsel at least fourteen (14) days before trial.

CRITICAL

Copies of jury-instruction requests must be furnished to all other parties when the requests are made.

Copies of such requests shall be furnished to all other parties at the time of the making of such requests.

CRITICAL

Applies to

Case management conference notice

Service

Court service

When summons issues, the Clerk must serve Defendants/Respondents with the case-management-conference notice together with the summons.

If summons is issued, Defendants/Respondents shall be served with a copy of the notice establishing the case management conference by the Clerk together with the summons.

CRITICAL

Applies to

Written objections

A party may file written objections to a parenting coordinator’s decision with the Court and serve all other parties to the action within fourteen (14) days of the filing date of the decision.

A party may file written objections to a parenting coordinator’s decision with the Court and serve all other parties to the action within fourteen (14) days of the filing date of the decision.

CRITICAL

Applies to

Written objections

If a party timely files objections, another party may serve objections on all other parties no later than 10 days after the first objections are filed.

If any party timely files objections, any other party may also file objections with the Court and serve all other parties to the action, not later than ten (10) days after the first objections are filed.

CRITICAL

The Administrative Judge must provide the parenting coordinator with a copy of the complaint.

(3) The Administrative Judge shall provide a copy of the complaint to the parenting coordinator;

CRITICAL

Applies to

Answer or motion for extension

A written Answer or motion for extension must be served on the Plaintiff’s attorney, or the Plaintiff if unrepresented, and filed with the Court.

To avoid having a default judgment taken against you, you MUST serve your written Answer or Motion for Extension of Time to Answer or Otherwise Plead upon the attorney for the Plaintiff (or the Plaintiff if the Plaintiff does not have an attorney) AND file your written answer or such Motion with the Court.

WARNING

Service

Publication

(B) Except for special statutory proceedings under RC 3113.31 (civil protection orders) and RC 2903.214 (civil stalking protection orders), service by publication by posting and mail is available only in divorce actions, annulment actions, legal separation actions, actions pertaining to the care, custody, and control of children whose parents are not married, and in all post-decree proceedings and is available only if the plaintiff can prove they are indigent.

(B) Except for special statutory proceedings under RC 3113.31 (civil protection orders) and RC 2903.214 (civil stalking protection orders), service by publication by posting and mail is available only in divorce actions, annulment actions, legal separation actions, actions pertaining to the care, custody, and control of children whose parents are not married, and in all post-decree proceedings and is available only if the plaintiff can prove they are indigent.

WARNING

The Clerk must maintain an individual service drawer for each practicing attorney or attorney group with an office in Holmes County.

The Clerk of this Court shall establish and maintain in the Office of the Clerk an individual drawer for each practicing attorney or firm or association of attorneys who maintain an office within the geographical limits of the County of Holmes.

WARNING

Applies to

Proof of service

When Civil Rule 5 requires proof of service, the proof must state whether service was made under this Rule.

Proof of service, when required by Civil Rule 5, shall indicate whether service was made pursuant to this Rule.

WARNING

Attorneys with offices in Holmes County must regularly check their designated service drawers.

All attorneys maintaining an office within the geographical limits of this County shall regularly check the contents of their individual or firm or association drawer.

WARNING

An attorney's failure to regularly check the designated drawer does not excuse a claim of lack of proper notice.

Failure in this regard will not excuse a claim of lack of proper notice.

WARNING

Applies to

Pleadings and notices

The drawer-service rule also applies to pleadings and notices to the Holmes County Child Support Enforcement Agency in matters involving that Agency.

This Rule shall also apply to service of pleadings and notices to the Holmes County Child Support Enforcement Agency concerning any actions or pleadings which shall involve said Agency in this Court.

WARNING

Applies to

Jury service notice and questionnaire

Service

Mail

The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person should be: (c) Delivered by ordinary mail.

The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person should be: (c) Delivered by ordinary mail.