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

CRITICAL

Not later than 14 days before the date of the non- oral hearing, the opposing party(s) shall file with the Court and cause to be served upon the moving party opposing affidavits, depositions, exhibits and documentation and a memorandum of authorities opposing the motion.

Not later than 14 days before the date of the non- oral hearing, the opposing party(s) shall file with the Court and cause to be served upon the moving party opposing affidavits, depositions, exhibits and documentation and a memorandum of authorities opposing the motion.

CRITICAL

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

7. A Notice of Hearing - The moving party shall 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

For a domestic relations hearing where support arrears are relevant, a CSEA-certified payment history is sufficient for admission without foundation or records-keeper testimony if properly served on opposing counsel or an unrepresented opposing party at least seven days before the hearing.

In any domestic relations hearing in which the amount of support arrears is a relevant issue, a payment history certified by the Huron County Child Support Enforcement Agency (CSEA) shall be sufficient and be admitted into evidence at said hearing without foundation and testimony by a CSEA records-keeper if properly served upon opposing counsel (or opposing party, if unrepresented) at least seven (7) days prior to hearing.

CRITICAL

Opposing parties must serve any opposing documentation and their memorandum of authorities on the moving party no later than seven days before the non-oral hearing.

Not later than 7 days before the date of the non-oral hearing, the opposing party(s) shall file with the Court and cause to be served on the moving party opposing documentation, if any, and a memorandum of authorities opposing the motion.

CRITICAL

The Clerk must serve the defendant with the summons and temporary-orders notice, the plaintiff’s filings, blank forms, and the specified warning notice.

The Clerk shall serve the defendant with a copy of the following: 1. Summons and Notice for Request of Temporary Orders; 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 attach the following forms.”

CRITICAL

The filing party must serve the Notice of Non-Oral Hearing and supporting materials 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 affidavits, depositions, exhibits and documentation and a memorandum of authorities in support of the motion.

CRITICAL

Each party must serve opposing counsel and file with the Court a schedule of proposed exhibits seven days before trial.

A schedule of each party’s proposed exhibits shall be served on opposing counsel and filed with the Court seven (7) days before trial.

CRITICAL

The Court will instruct the Clerk to arrange initial service in accordance with applicable law.

In any event, the Court will instruct the Clerk to cause initial service to be made in accordance with applicable law.

CRITICAL

All affidavits, depositions, exhibits, and documentation must be served so they are actually received by 1:00 p.m. on the day before the non-oral hearing.

All affidavits, depositions, exhibits and documentation must be filed with the court and served on the opposing party(s) so as to be actually received not later than 1:00 p.m. on the day before the non-oral hearing.

CRITICAL

A party seeking to modify previously fixed bail must apply to the Court, give notice to the adverse party, and have any Court-approved action entered in the case papers.

When the amount of bail has been fixed in a criminal case before it reached this Court and either the State or the defendant desire to modify the amount or conditions thereof, such party shall make application to the Court. Notice thereof shall be given to the adverse party and after submission to the Court, the action approved by the Court shall be by entry made a part of the papers of the case.

CRITICAL

If the title evidence identifies necessary parties who were not named as defendants, the filing attorney must promptly cause them to be added and served.

Where the evidence of title indicates that necessary parties have not been made defendants, the attorney for the party filing the same shall proceed without delay to cause such new parties to be added and served.

CRITICAL

The motion requesting a same-day in-camera interview must be served on the opposing party or attorney no later than seven days before the hearing on the merits.

In that event, the party or attorney making the request shall file with the Clerk a motion supported by affidavit with service upon the opposing party or attorney no later than seven (7) days prior to hearing on the merits.

WARNING

Parties should file with the Court and serve on each other a memorandum of authorities supporting their positions, a certification of notice detailing what efforts were made to give the opposing party notice, a proposed judgment entry and in the case of a temporary restraining order and preliminary injunction a proposal for bond.

Parties should file with the Court and serve on each other a memorandum of authorities supporting their positions, a certification of notice detailing what efforts were made to give the opposing party notice, a proposed judgment entry and in the case of a temporary restraining order and preliminary injunction a proposal for bond.

WARNING

After initial service is requested, subsequent service may require the petitioner to file written instructions or certifications of service with the Clerk under applicable law.

After initial service has been requested, however, subsequent service required upon a respondent may require the petitioner to file written instructions or certifications of service with the Clerk in accordance with applicable law.

WARNING

Applies to

Oral hearing notice

The requesting party should then contact the Court’s Assignment Commissioner to obtain an oral hearing date and time and thereafter serve notice thereof on the other party(s) and file with the Court a copy of the notice and a certificate of service.

The requesting party should then contact the Court’s Assignment Commissioner to obtain an oral hearing date and time and thereafter serve notice thereof on the other party(s) and file with the Court a copy of the notice and a certificate of service.

WARNING

For the specified domestic hearings, a properly signed medical report may be admitted if properly served on opposing counsel within seven days before trial.

In any type of domestic hearing concerning the reasonableness or the necessity of the work to be done, a medical report duly signed by the physician or other supplier of medical related services shall be sufficient and be admitted into evidence at said hearing if properly served on the opposing counsel within seven days before trial.

WARNING

The moving party may file with the Court and cause to be served upon the opposing party(s), so as to be actually received not later than 1:00 p.m. on the day before the non-oral hearing, any reply documentation and a reply memorandum of authorities.

The moving party may file with the Court and cause to be served upon the opposing party(s), so as to be actually received not later than 1:00 p.m. on the day before the non-oral hearing, any reply documentation and a reply memorandum of authorities.

WARNING

The moving party may file with the Court and cause to be served upon the opposing party(s) a reply memorandum of authorities not later than seven days before the date of the non-oral hearing.

The moving party may file with the Court and cause to be served upon the opposing party(s) a reply memorandum of authorities not later than seven days before the date of the non-oral hearing.

WARNING

Service of an original complaint and summons or a post-decree motion is expected within 60 days of filing; the case may be dismissed unless service is completed by the noticed date or good cause is shown.

If a defendant has not been served with complaint and summons in an original action or if an opposing party has not been served properly with a post-decree motion within sixty (60) days of the filing thereof, notice will be sent to the filing attorney or party that the case may be dismissed on a date certain unless service has been completed by that date or other good cause has been shown why the matter should not be dismissed.

WARNING

Notice of a trial assignment must be mailed or delivered promptly to all interested counsel.

Notice of the assignment of a case set for trial shall be mailed or delivered forthwith to all interested counsel.

WARNING

The party requesting the oral hearing should first contact the opposing party(s) to advise that an oral hearing will be requested and obtain dates and times when the other party(s) can be available for the oral hearing. The requesting party should then contact the Court’s Assignment Commissioner to obtain an oral hearing date and time and thereafter serve notice thereof on the other party(s) and file with the Court a copy of the notice and a certificate of service.

The party requesting the oral hearing should first contact the opposing party(s) to advise that an oral hearing will be requested and obtain dates and times when the other party(s) can be available for the oral hearing. The requesting party should then contact the Court’s Assignment Commissioner to obtain an oral hearing date and time and thereafter serve notice thereof on the other party(s) and file with the Court a copy of the notice and a certificate of service.

WARNING

The Assignment Commissioner must provide notice of a pretrial hearing to all known interested counsel and unrepresented parties.

The Assignment Commissioner shall give notice of a pre-trial hearing by providing a copy of such notice to all known interested counsel, and to all unrepresented parties.

WARNING

Applies to

Hearing notice

After scheduling an emergent hearing, the moving party should, if possible, notify the opposing party or counsel in a manner calculated to provide actual, timely notice.

The moving party should contact the Assignment Commissioner to obtain the hearing date and time and thereafter, if possible, notify the opposing party or his counsel in an appropriate manner calculated to give actual, timely notice of the hearing.

WARNING

Applies to

Hearing notice

The party seeking such review should contact the Assignment Commissioner to obtain the hearing date and time and thereafter notify the opposing party or his counsel in an appropriate manner calculated to give actual, timely notice of the hearing.

The party seeking such review should contact the Assignment Commissioner to obtain the hearing date and time and thereafter notify the opposing party or his counsel in an appropriate manner calculated to give actual, timely notice of the hearing.

WARNING

Applies to

Journal entry

The prevailing party’s counsel must submit the journal entry to counsel for the adverse party.

Unless the trial Judge otherwise directs, counsel for the party in whose favor an order, decree, or judgment is rendered, shall within five (5) days thereafter prepare the proper journal entry, and submit it to the counsel for the adverse party, who shall approve or reject

INFO

Applies to

Genetic testing relationship report

The moving party may be responsible for certifying service of the relationship report before it is admitted into evidence.

The moving party may be responsible for certifying service of a copy of the relationship report prior to its admission into evidence in accordance with law.

INFO

Service

Mail

Persons summoned for jury service may be served by United States Mail as provided by statute.

Persons to be summoned for jury service may be served by United States Mail as provided by Section 2313.25 of the Revised Code.

INFO

Service

Mail

At the Clerk’s election, persons summoned for jury service may be served by United States Mail as provided by the cited statute.

Persons to be summoned for jury service may be served by United States Mail as provided by Section 2313.25 of the Revised Code at the election of the Clerk.

INFO

Applies to

Petition

Petitioners may file written instructions for initial service of the petition and any resulting ex parte order.

Petitioners may file written instructions for initial service of a petition for a civil protection order and any ex parte order which may issue as a result.