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

CRITICAL

Service

Court service to opposing party

Except for the statutory exceptions, the Court must send the relocation notice to the other parent.

Except as provided in R.C. 3109.051(G)(2), (3), and (4), the Court shall send a copy of the notice to the other parent.

CRITICAL

Service

Court service to opposing party

Except for the stated statutory exceptions, the Court must send the relocation notice to the non-residential parent.

Except as provided in R.C. 3109.051(G)(2), (3), and (4), the Court shall send a copy of the notice to the parent who is not the residential parent.

CRITICAL

Applies to

Parenting proceeding affidavit

The affidavit must be filed and served with a complaint, petition, or motion concerning parental rights, parenting time, custody, or visitation.

By law, this affidavit must be filed and served with any Complaint, Petition or Motion regarding the allocation of parental rights and responsibilities, parenting time, custody, or visitation.

CRITICAL

A copy of a motion to withdraw must be served on the withdrawing counsel’s client and counsel for all other parties.

A motion to withdraw as counsel in any pending matter shall not be considered until filed in writing with a copy served on the client of the withdrawing counsel as well as counsel for all other parties.

CRITICAL

Service

Mail

The Clerk must serve a copy of the approved withdrawal entry on the withdrawing counsel’s client by ordinary mail.

A proposed entry to approve the withdrawal shall also be submitted with the motion and shall include a provision that a copy of the entry shall be served by the Clerk upon the client of the withdrawing counsel by ordinary mail.

CRITICAL

Service

Publication

Pursuant to Civ. R. 4.4(A)(2) in the case of indigents, service by publication shall be by posting on the bulletin board on the third

Pursuant to Civ. R. 4.4(A)(2) in the case of indigents, service by publication shall be by posting on the bulletin board on the third

CRITICAL

When e-filing a claim requiring a summons, the filing party must submit service instructions, and the Clerk must issue the summons using the requested method under the applicable rules.

A. Service of claims that require service of summons. When submitting any complaint, third-party complaint, or other claims requiring summons for E-Filing the filing party must also submit instructions for service as required by the Rules of Procedure. The Clerk must issue a summons by the method of service requested in accordance with the applicable Rules of Procedure.

CRITICAL

The filing party is responsible for serving all filings after the complaint and must include a certificate of service under the applicable rules.

B. Service of filings subsequent to the complaint. It will be the responsibility of the filing party to serve all filings subsequent to the complaint and a party must include a certificate of service in accordance with the applicable Rules of Procedure.

CRITICAL

Applies to

Discovery request or response certification

The serving party must file a certification that a discovery request was served, and the responding party must file a certification that it responded; each certification must include a certificate of service.

A document certifying that a discovery request has been served upon the opposing party shall be filed with a certificate of service. When the party responds to the request, that party shall file a document certifying that discovery request has been responded to with a certificate of service.

CRITICAL

Applies to

Motion

A continuance motion must be served on the opposing party.

No continuances of any Court dates will be granted except upon written motion served upon the opposing party and by entry approved by the Court and reflected upon the Court’s docket.

CRITICAL

The Clerk must include the temporary restraining order with the summons and complaint served on the defendant.

The Clerk shall include a copy of the temporary restraining order with the summons and complaint served on defendant

CRITICAL

Service

Mail to all parties

The Clerk must mail a copy of the temporary restraining order to both parties by ordinary mail.

shall mail a copy of the temporary restraining order to both parties by ordinary mail.

CRITICAL

Applies to

Temporary order motion

Service

Court service

The Clerk must serve the plaintiff’s temporary-order motion, memorandum, and supporting affidavit with the summons and complaint.

A copy of the motion, memorandum and supporting affidavit filed by plaintiff shall be served by the Clerk with the summons and complaint.

CRITICAL

Applies to

Temporary order motion

The defendant must serve the temporary-order motion, memorandum, and supporting affidavit with the answer under Civil Rule 5.

Defendant shall serve a copy of a motion, memorandum and supporting affidavit with the answer pursuant to Civ. R. 5.

CRITICAL

In divorce or legal-separation cases, each party must disclose the listed financial and property information to the opposing party within 28 days after an answer or counterclaim is filed, except for specified items already in the other party’s possession.

21.1 Each party to a pending divorce or legal separation shall within twenty-eight (28) days of the filing of an answer or counterclaim disclose to the opposing party the following information and documents: 1. All pension, retirement and/or profit-sharing plans including the most recent plan summary; 2. All COBRA benefits to which the other party may be entitled; 3. Copies of all real estate deeds and vehicle titles and registrations; unless already in the possession of the other party; 4. All appraisals of real estate or personal property in which the party holds an interest. 5. Copies of the last three (3) years individual income tax returns unless already in the possession of the other party; 6. Documentary proof of current income from all sources including recent pay stubs; and, 7. Copies of the most recent statements for all bank accounts, IRA’s, pensions, retirement plans, profit sharing plans, stock accounts, mortgages, credit accounts, and all other debts.

CRITICAL

In a domestic-relations case, each party must provide the opposing counsel or self-represented opposing party copies of trial exhibits and their exhibit numbers at least 14 days before trial or a motion hearing.

21.4 No later than fourteen (14) days prior to trial or motion hearing in a domestic relations case, each party shall provide opposing counsel or the opposing party if he/she is self- represented a copy of each exhibit to be used in trial and the corresponding exhibit number.

CRITICAL

Applies to

GAL interim report

The Court must provide the GAL report to all attorneys of record and self-represented parties in the case.

The Court shall provide a copy of the report to all attorneys of records and self-represented parties in the case.

CRITICAL

A party wishing to cross-examine the GAL must ensure written notice is given at least seven days before the hearing.

The party wishing to cross examine shall be responsible for ensuring that written notice is given at least seven (7) days in advance of the hearing so that the GAL can prepare for the testimony.

CRITICAL

The fee affidavit must be submitted to opposing counsel or the self-represented party at least two days before the final hearing.

The affidavit must be submitted to opposing counsel or self-represented party at least two (2) days before the final hearing.

CRITICAL

All motions and supporting documents must be served on opposing counsel.

Copies of all motions and supporting documents shall be served upon counsel for the opposing party.

CRITICAL

Attorneys or moving parties must provide copies of all bills and payment proofs for the opposing party and Court at the hearing, or mail a copy to opposing counsel in advance.

32.5 Attorneys or moving parties shall have a copy of all bills, proof of insurance paid and proof of the Movant’s payment for the opposing party and the Court at a hearing or mail a copy to opposing counsel in advance.

CRITICAL

Applies to

Jury summons

Service

Mail

Juror summonses must be delivered by ordinary mail.

The juror summons shall be delivered by ordinary mail.

CRITICAL

A person seeking access to a confidential document may file a written motion, and must serve a copy on all parties and attorneys of record.

37.4 Any person may file a written motion with the Court requesting access to a document deemed to be confidential. A copy of the motion shall be served upon all parties and attorneys of record in the case.

CRITICAL

Applies to

Notice

Service

Mail to court

The Staff Attorney/Pre-Sentence Investigator Writer must send the specified notice to each identified court by ordinary U.S. mail.

B) The Staff Attorney/Pre-Sentence Investigator Writer shall send a Notice to the Court regarding Petition or Certificate of Qualification for Employment and Submission of Information regarding Petition for Certificate of Qualification for Employment to each Court so identified; such Notice shall be sent via ordinary US mail.

CRITICAL

Motions in limine must be served on opposing counsel at the time they are filed.

Motions in Limine shall be submitted to the Court on or before 21 days prior to the final pretrial conference and are to be served on opposing counsel at the same time as filing.

CRITICAL

Deadline

10 court days

In non-jury cases, proposed findings of fact and conclusions of law must be served on opposing counsel no later than 10 court days before trial.

In all non-jury cases, counsel for each of the parties shall prepare proposed Findings of Fact and Conclusions of law, which shall be filed with the Court and served upon opposing counsel not later than ten (10) Court days before the date set for trial.

CRITICAL

The first-demand party must give immediate notice to all other parties’ counsel of filing or failure to file the jury deposit, and any other party must give immediate notice of its filing; failure to give required notice waives certain objections to another party’s late payment.

The party who filed the first jury demand must deposit $200.00 at least fourteen (14) days prior to the scheduled trial date and send immediate notice to counsel for all other parties regarding the filing or failure to file the jury deposit. Thereafter, any other party may deposit $200.00 at least seven (7) days prior to the scheduled trial date and send immediate notice to counsel for all other parties regarding the filing of the jury deposit. The failure of a party to pay the jury fee shall constitute a waiver of the jury by that party. The failure by a party to provide the required notice of the filing or failure to file the jury deposit shall constitute a waiver of any objections to the payment of the jury fee by another beyond the time frames states in this rule.

CRITICAL

Applies to

Parenting proceeding affidavit

The parenting proceeding affidavit must be filed and served with any complaint, petition, or motion concerning parental rights and responsibilities, parenting time, custody, or visitation.

By law, this affidavit must be filed and served with any Complaint, Petition or Motion regarding the allocation of parental rights and responsibilities, parenting time, custody, or visitation.

CRITICAL

Applies to

Answer

The Defendant has 28 days after service is perfected to file an answer to the divorce complaint.

Once service is perfected, the Defendant will have 28 days to file an Answer to the Complaint for Divorce.

CRITICAL

Applies to

Parenting proceeding affidavit

The parenting proceeding affidavit must be filed and served with any complaint, petition, or motion concerning parental rights and responsibilities, parenting time, custody, or visitation.

By law, this affidavit must be filed and served with any Complaint, Petition or Motion regarding the allocation of parental rights and responsibilities, parenting time, custody, or visitation.

CRITICAL

The Defendant has 28 days after service is perfected to file an Answer to the divorce complaint.

Once service is perfected, the Defendant will have 28 days to file an Answer to the Complaint for Divorce.

CRITICAL

Applies to

Request for service

The requester must mark the appropriate box to identify the requested method of service.

You must indicate the requested method of service by marking the appropriate box.

CRITICAL

The petition states that the petitioners waive their rights to receive summons for the dissolution action through the Clerk of Courts.

9. Petitioners are both over eighteen (18) years of age, are not under any disability, and waive all rights to receive Summons for the dissolution action through the Clerk of Courts.

WARNING

Applies to

Hearing notice

After the documents are filed, the Assignment Commissioner sets the dissolution hearing date and mails a hearing notice to each party.

Once the documents are filed with the Clerk of Courts, the Assignment Commissioner will set a hearing date for the Dissolution and mail a copy of the hearing notice to each party.

WARNING

Deadline

7 business days

5.3 Parties and/or attorneys are responsible for allowing sufficient time for service of the subpoenas. It is recommended that praecipes and subpoenas for persons residing in Jackson County be presented to the Clerk at least seven (7) business days prior to the date of appearance to allow ample time for service of the subpoena. The party and/or attorney filing a praecipe and subpoena for persons residing outside of Jackson County should contact the Sheriff of that county or other process server to determine how much time will be needed for service of the subpoena.

5.3 Parties and/or attorneys are responsible for allowing sufficient time for service of the subpoenas. It is recommended that praecipes and subpoenas for persons residing in Jackson County be presented to the Clerk at least seven (7) business days prior to the date of appearance to allow ample time for service of the subpoena. The party and/or attorney filing a praecipe and subpoena for persons residing outside of Jackson County should contact the Sheriff of that county or other process server to determine how much time will be needed for service of the subpoena.

WARNING

Service

Mail to all parties

Copies of the evaluator’s report must be mailed to counsel for each party or to a party who is unrepresented.

The psychologist or psychiatrist will provide the Court with the original written report and recommendation(s) (including case name, case number, date of hearing) no less than seven (7) days prior to the hearing unless otherwise ordered, with copies mailed to counsel for each party, or to a party, if unrepresented.

WARNING

The court will attempt service at the address provided; if service fails, notice will issue and you must request service by a different address or means.

Once the documents are filed with the Clerk of Courts, we will attempt to serve the Defendant at the given address. If the Defendant is unable to be served, then you will receive Notice and be required to request service by different address or means.

WARNING

The court will attempt service at the provided address; if service fails, the filer will be notified and must request service at a different address or by another means.

Once the documents are filed with the Clerk of Courts, we will attempt to serve the Defendant at the given address. If the Defendant is unable to be served, then you will receive Notice and be required to request service by different address or means.

WARNING

After filing, the Assignment Commissioner sets the dissolution hearing and mails a hearing notice to each party.

Once the documents are filed with the Clerk of Courts, the Assignment Commissioner will set a hearing date for the Dissolution and mail a copy of the hearing notice to each party.

INFO

Service

Electronic service to all parties

The Court and Clerk may issue, journalize, and serve documents electronically, and the Clerk issues notices to parties at their addresses on file.

C. The Court and the Clerk may issue, journalize, and serve notices, orders, and other documents electronically. The Clerk will issue notices to the parties to the address on file with the Clerk of Court’s Office.

INFO

Service

Electronic service to all parties

E-service is electronic notice of a filed document to all other electronically registered case participants through the E-Filing system.

F. Electronic Service (E-Service). The electronic notice of a filed document to all other electronically registered case participants via the E-Filing system.

INFO

Applies to

Hearing notice

The Assignment Commissioner will set the divorce hearing date and mail a hearing notice to each party.

The Assignment Commissioner will set a hearing date for the Divorce and mail a copy of the hearing notice to each party.