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

CRITICAL

When no ex parte order is requested, the hearing notice must be served with the petitioner’s other filings.

In those instances, the Court or its Assignment Commissioner shall prepare a hearing notice for service with the petitioner’s other filings.

CRITICAL

Trial briefs must be served on opposing counsel and filed with the Court seven days before trial.

TRIAL BRIEFS shall be served on opposing counsel and filed with the Court seven (7) days before trial.

CRITICAL

Rebuttal expert witness identification must be disclosed to the opposing party 60 days before trial.

Rebuttal expert witness identification shall be disclosed and filed sixty (60) days before trial.

CRITICAL

Applications for compensation for receivers or their attorneys require prior notice to creditors and other interested persons as directed by the Court.

Applications for allowance of compensation to receivers or attorneys for receivers shall be made only upon prior notice to creditors and other persons in interest as the Court may direct.

CRITICAL

The responding party must serve its opposition memorandum on the moving party or counsel no later than two days before the oral hearing.

The responding party shall file any memorandum in opposition to the motion with the Clerk and shall serve the moving party or the moving party’s attorney no later than two (2) days prior to the oral hearing.

CRITICAL

A copy of the sentencing memorandum must be served on the opposing party in a manner calculated to give actual notice by noon on the day before the hearing, and a service certification must be filed with the Court.

The memorandum shall be filed with the Court in duplicate and a copy shall be served upon the opposing party in a manner calculated to give actual notice of its contents on or before noon of the day before the day of the sentencing hearing. A certification of such service shall be filed with the Court.

CRITICAL

The requesting party must serve copies of the proposed findings and conclusions on all opposing parties or their counsel.

and shall serve copies thereof to all opposing parties or their counsel.

CRITICAL

The moving party must obtain the hearing date and time from the Court’s Assignment Commissioner and serve the non-moving party with a notice of hearing.

The moving party shall obtain a hearing date and time for oral hearings on temporary orders from the Court’s Assignment Commissioner and serve a notice of hearing on the non-moving party.

CRITICAL

Counsel must mark and exchange exhibits, other than rebuttal exhibits, no later than one half hour before trial begins.

EXHIBITS, except rebuttal exhibits, shall be marked and exchanged by counsel not later than one half hour before trial commences.

CRITICAL

Names and addresses of expected trial witnesses, other than rebuttal witnesses, must be served and filed seven days before trial.

Names and addresses of WITNESSES expected to testify at trial, except rebuttal witnesses, shall be served on opposing counsel and filed with the Court seven (7) days before trial.

CRITICAL

Service

Court service to opposing party

Copies of the support-modification motion, memorandum, forms, and hearing notice must be provided to the Clerk for service on the opposing party.

Copies of the motion, memorandum, accompanying forms and notice of hearing shall be provided to the Clerk for service on the opposing party.

CRITICAL

Requested jury instructions and interrogatories must be served on opposing counsel and filed with the Court seven days before trial.

Requested JURY INSTRUCTIONS AND INTERROGATORIES shall be served on opposing counsel and filed with the Court seven (7) days before trial.

CRITICAL

MOTIONS IN LIMINE and OBJECTIONS IN DEPOSITIONS to be used in trial and briefs in support thereof shall be served on opposing counsel and filed with the Court

MOTIONS IN LIMINE and OBJECTIONS IN DEPOSITIONS to be used in trial and briefs in support thereof shall be served on opposing counsel and filed with the Court

CRITICAL

Copies of exceptions must be served on each arbitrator within three days after filing.

Copies of the exceptions shall be served upon each arbitrator within three (3) days after filing

CRITICAL

Jury-view instructions must be served on opposing counsel seven days before trial.

Instructions for the view shall be in writing, served on opposing counsel and filed with the Court seven (7) days before trial.

CRITICAL

A withdrawal submission must include a certificate of service to opposing counsel.

There must also be a certificate of service to the opposing counsel.

CRITICAL

Service

Court service to opposing party

The Clerk must serve the defendant with the listed summons, pleadings, filed documents, blank forms, and warning notice.

The Clerk shall serve the defendant (responding party) with a copy of the following: 1. Summons and Notice for Request of Temporary Orders, if request is made; 2. Plaintiff’s complaint and copies of the plaintiff’s court forms or uniform domestic relations forms; 3. All other documents filed by the plaintiff; 4. Blank Court Forms 2, 2A, 3 and 4; 5. Notice stating, “Warning. You have fourteen (14) days to complete and file the following forms.”

CRITICAL

Expert reports intended to be admitted at trial must be exchanged at least 21 days before trial.

Expert’s Reports shall be exchanged at least 21 days prior to trial if they are intended to be admitted into evidence at trial.

CRITICAL

Within 15 days after the entry is filed, each side must appoint an available arbitrator and notify all parties and the Assignment Commissioner in writing.

Within fifteen (15) days of the filing of the entry, each side shall appoint an arbitrator who can be available for the scheduled date, and shall notify all parties and the Assignment Commissioner in writing.

CRITICAL

A separately filed exhibit must be signed and served under the rules governing 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 being filed (e.g., Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court. [See appendix for Rule 16 for sample exhibit cover sheet.]

CRITICAL

The moving party must certify that a copy of the continuance motion was mailed or delivered to the client.

The moving party shall certify that a copy of the motion was mailed/delivered to his client.

CRITICAL

The Notice of Substitution of Counsel must include a certificate of service to opposing counsel.

The Notice of Substitution of Counsel shall be signed by the withdrawing and substituted counsel and contain a certificate of service to the opposing counsel.

CRITICAL

Within ten (10) days after the hearing, the Chairman shall file a Report and Award with the Clerk of Courts and the Assignment Commissioner, and on the same day shall mail or otherwise forward copies to all parties or their counsel.

Within ten (10) days after the hearing, the Chairman shall file a Report and Award with the Clerk of Courts and the Assignment Commissioner, and on the same day shall mail or otherwise forward copies to all parties or their counsel.

CRITICAL

Service

Mail

The Clerk must notify each defendant by sending a copy of the judgment entry by registered or certified mail to the address in the complaint.

The Clerk shall notify the defendant or defendants by mailing a copy of the judgment entry by registered or certified mail at the address set forth in the complaint.

CRITICAL

Applies to

Continuance motion

A continuance motion must be served in compliance with Civil Rule 5.

Service of the motion shall comply with Civil Rule 5.

CRITICAL

Applies to

Discovery requests

In civil cases, interrogatories, requests for production or inspection, and requests for admissions must be served under the applicable rules but must not be filed with the Court.

19.02 - Civil Rule 33, 34, 36, 37 or 26 c - In civil cases interrogatories under Civil Rule 33, Requests for Production or Inspection under Civil Rule 34, and Requests for Admissions under Civil Rule 36, shall be served upon other counsel or parties in accordance with such rules, but shall not be filed with the Court.

CRITICAL

Service

Mail

Counsel seeking to withdraw must inform the client by certified mail of the withdrawal and the specified proceeding, file-transfer, and replacement-counsel information.

certifying that counsel has informed his client by certified mail of his intent to withdraw and notice to the client of the nature, date and time of the next pending proceeding before the Court, the arrangements by which the client may obtain his papers, items of evidence and file materials from counsel and notice to the client to obtain replacement counsel as soon as possible and to notify the court of the identity of his substitute counsel.

CRITICAL

Proof of service for every listed filed document must be provided by an attached certificate of service.

Proof of service of all pleadings, motion, briefs, memorandum or other writing filed with Court shall be by certificate of service attached to such pleading, motion, brief, memorandum or other writing and shall include the names and addresses of the attorneys and/or parties served, not simply “all parties or counsel of record”.

CRITICAL

Pursuant to Ohio Rules of Civil Procedure, service by posting in domestic relations cases shall be made by the Clerk who shall post the required notices in the main lobby of the Huron County Courthouse, Norwalk, Ohio, and the main lobby of the Norwalk City Building, Norwalk, Ohio, and the main lobby of the Willard Municipal Building, Willard, Ohio.

Pursuant to Ohio Rules of Civil Procedure, service by posting in domestic relations cases shall be made by the Clerk who shall post the required notices in the main lobby of the Huron County Courthouse, Norwalk, Ohio, and the main lobby of the Norwalk City Building, Norwalk, Ohio, and the main lobby of the Willard Municipal Building, Willard, Ohio.

CRITICAL

In civil cases, the specified discovery requests must be served under the applicable rules but must not be filed with the court.

In civil cases interrogatories under Civil Rule 33, Requests for Production or Inspection under Civil Rule 34, and Requests for Admissions under Civil Rule 36, shall be served upon other counsel or parties in accordance with such rules, but shall not be filed with the Court.

CRITICAL

In criminal cases, the prosecuting attorney must prepare judgment entries for submission to the Court and serve a copy on the Defendant’s attorney.

In criminal cases the prosecuting attorney shall prepare judgment entries to be submitted to the Court with a copy served on the Defendant’s attorney.

CRITICAL

Applies to

Judgment entry

Service

Court service to all parties

The Clerk must serve a date-stamped copy of the judgment entry on every party who has appeared, unless the requirement is waived in writing.

The Clerk shall serve a date-stamped copy of the entry on all parties who have appeared unless this requirement is waived in writing.

CRITICAL

Copies of the mediation report must be provided to the parties or their counsel, as appropriate.

Copies of the report shall be provided to the parties or their counsel, as appropriate.

CRITICAL

Applies to

Documentary evidence

Written or documentary evidence listed above must be served on adverse parties or counsel at least seven days before the hearing unless counsel agree otherwise; the arbitrators may exclude evidence for noncompliance.

All written or documentary evidence as listed above must be served upon the adverse parties or their counsel at least seven (7) days before the hearing, unless counsel otherwise agree. Failure to give such notice or serve such evidence upon opposing parties can be sufficient grounds for exclusion of the evidence, in the discretion of the arbitrators.

CRITICAL

The moving party must serve the opposing party with the notice of hearing, motion, and supporting memorandum for a motion to suppress evidence.

Before filing a motion the moving party shall obtain a hearing date and time from the Assignment Commissioner and shall file with the Court and serve on the opposing party a Notice of hearing together with the Motion and a Memorandum of Authorities in support of the motion.

CRITICAL

Additional jury-view instructions must be served so opposing counsel actually receives them by noon on the day before trial.

party may file additional instructions for the view, provided they are in writing and served, so that they are actually received by opposing counsel and filed with the Court not later than noon on the day before trial.

CRITICAL

Applies to

Service copies

Filers must not transmit service copies by fax.

The filer shall not transmit service copies by fax.

CRITICAL

The moving party must cause notice of the contempt hearing to be served on the non-moving party in conformity with law.

The moving party shall also secure a hearing date from the Court before filing the motion with the Clerk and cause notice to be served upon the non-moving party in conformity with law.

CRITICAL

The requesting party must serve copies of its proposed findings and conclusions on all opposing parties or their counsel.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provision of Civil Rule 52, the party requesting such statement shall, within five (5) days after the receipt of notice of the Court’s decision, submit to the Court a statement of proposed findings of fact and conclusions of law and shall serve copies thereof to all opposing parties or their counsel.

CRITICAL

Counsel must inform the client of the intent to withdraw by certified mail.

certifying that counsel has informed his client by certified mail of his intent to withdraw

CRITICAL

Service

Mail

Counsel seeking to withdraw must inform the client by certified mail of the withdrawal and specified information about the next proceeding, case materials, and replacement counsel.

Attorneys seeking to withdraw shall submit to the Judge a motion, proposed entry and affidavit setting forth the reason counsel seeks to withdraw and certifying that counsel has informed his client by certified mail of his intent to withdraw and notice to the client of the nature, date and time of the next pending proceeding before the Court, the arrangements by which the client may obtain his papers, items of evidence and file materials from counsel and notice to the client to obtain replacement counsel as soon as possible and to notify the court of the identity of his substitute counsel.

CRITICAL

When a case settles or is dismissed more than two days before the hearing, the parties must serve the Assignment Commissioner with a copy of the Settlement & Dismissal Entry.

In the event that a case is settled or dismissed more than two (2) days prior to the date of hearing, the parties shall file the standard Settlement & Dismissal Entry, shall serve the Assignment Commissioner with a copy, and shall notify the arbitrators of the settlement.

CRITICAL

The parties must disclose expected expert witness identifying information to each other 90 days before trial.

Ninety (90) days before trial Plaintiff(s) and Defendant(s) shall DISCLOSE to each other and file with the Court the name, address and subject area of EXPERT WITNESSES expected to testify at trial.

CRITICAL

Applies to

Missing exhibit

A separately filed missing exhibit must be served in conformance with the rules governing 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 being filed (e.g., Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.

CRITICAL

Responding briefs must actually be received by opposing counsel by noon on the day before trial.

Responding briefs shall be served so as to actually be received by opposing counsel and filed with the Court no later than noon of the date before trial.

CRITICAL

The filing party must serve the Notice of Non-Oral Hearing, any supporting documentation, and supporting memorandum of authorities on the opposing parties with the motion.

The party filing the motion shall file with it and cause to be served on the opposing party(s) a Notice of Non-Oral Hearing, supporting documentation, if any, and a memorandum of authorities in support of the motion.

CRITICAL

For other criminal motions, the moving party must serve the opposing party with the notice of hearing, motion, and supporting memorandum.

The moving party shall file with the Court and serve on the opposing party a Notice of Hearing together with the motion and a memorandum of authorities in support of the motion.

CRITICAL

The appellant must serve the Notice of Appeal and affidavit on all parties or their counsel and the Assignment Commissioner.

Appellant shall serve a copy of the Notice of Appeal and Affidavit upon all parties or their counsel and the Assignment Commissioner.

CRITICAL

If a non-oral motion is scheduled for oral hearing, the responding party must serve its opposition memorandum on the moving party or counsel no later than two days before that hearing.

If the matter is scheduled for oral hearing, the responding party shall file any memorandum in opposition to the motion with the Clerk and shall serve the moving party or the moving party’s attorney no later than two (2) days prior to the oral hearing.

CRITICAL

Certified copies of an ex parte order will be available to the petitioner and provided to appropriate law enforcement agencies for service or other appropriate use.

Certified copies of this order will be available to the petitioner and will be provided to the appropriate law enforcement agency for service upon the respondent. Additional copies will be provided to other appropriate law enforcement agencies, including those with jurisdiction over the petitioner’s residence and place of employment.