Jefferson County Court of Common Pleas, General Division Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Parenting proceeding affidavit

Each party must serve the affidavit with their first pleading in every parenting proceeding.

By law, an affidavit must be filed and served with the first pleading filed by each party in every parenting (custody/visitation) proceeding in this Court, including Dissolutions, Divorces and Domestic Violence Petitions.

CRITICAL

If the recipient does not approve or disapprove within the stated time limit, the prevailing party’s attorney must promptly submit the entry to the court with proof of service on the opposing counsel or party.

When counsel or the opposing party to whom such judgment entry or decree is submitted fails to approve or disapprove said entry within the aforesaid time limits, then the attorney for the prevailing party shall forthwith submit to the Court a copy of the judgment entry or decree along with proof of service on opposing counsel or the opposing party.

CRITICAL

Applies to

Motion

The filing party is responsible for serving motions; the Court or Clerk is responsible only if the filing party specifically requests service from the Clerk.

Service of all motions shall be the responsibility of the party filing the same, and not the responsibility of the Court or the Clerk of Courts unless specific request is made of the Clerk by the filing party.

CRITICAL

Applies to

Interrogatories or answers

Filing a certificate of service is required to prove service of interrogatories or answers on the opposing party or parties.

In lieu thereof, a certificate of service of the serving of interrogatories or answers thereto shall be filed as proof of the serving of the same upon the opposing party or parties.

CRITICAL

Service

Mail to opposing party

After a default or summary judgment, the prevailing party must mail the judgment entry to the party against whom judgment was entered and file a certificate of mailing with the clerk.

In any case in which a judgment by default or summary judgment is granted, the prevailing party shall forward a copy of the judgment entry to the party against whom said judgment was rendered and shall certify the mailing of the same by filing a certificate of mailing with the Clerk.

CRITICAL

Applies to

Post judgment motion

Post-judgment motions in domestic relations cases must be served on the opposing party in the manner used for original service of summons under the Ohio Rules of Civil Procedure.

Service of post-judgment motions in domestic relations cases shall be had upon the opposing party in the same manner as provided for original service of summons by the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Motion

The filer must provide hearing notice to opposing counsel or unrepresented opposing parties and certify that notice was provided.

It is the responsibility of counsel or the party filing the motion to set forth upon said motion the date and time of hearing in accordance with these Rules, and to certify that notice of the same has been provided to opposing counsel or the opposing party or parties if not represented by counsel as provided by these Rules.

CRITICAL

Applies to

Motion

Motions filed after the original complaint must be served as provided by Rule 5 of the Ohio Rules of Civil Procedure.

Service of any motion made following the filing of the original complaint shall be as provided in Rule 5 of the Ohio Rules of Civil Procedure as the same is now or may from time to time be amended.

CRITICAL

Service

Publication

When the defendant’s residence is unknown in a divorce, annulment, or legal separation action, service must follow Ohio Civil Rule 4.4(A)(2), and the Clerk must post the notice at the specified court and county locations and the Jefferson County Human Services Center Building.

In accordance with Rule 4.4(A)(2) of the Ohio Rules of Civil Procedure, in all divorce, annulment, and legal separation actions, if the residence of the defendant is unknown, service shall be had as provided by said Rule. The Clerk of Courts shall post the appropriate notice on the bulletin board of the Court to which the case has been assigned and on the bulletin boards of the county court within whose jurisdiction the defendant/respondent’s last known residence address is located and the Jefferson County Human Services Center Building in Steubenville, Ohio, both facilities being the designated public places for posting.

CRITICAL

Notice of a media request to record or broadcast must be given to all counsel of record.

2. Notice of said request shall be given to all counsel of record.

CRITICAL

The party dismissing a case must notify all other parties or their counsel of record.

In addition thereto, the dismissing party shall provide notice of said dismissal to all other parties in said action or their counsel of record.

CRITICAL

Service

Mail

The Court must mail a copy of the relocation notice to the non-residential parent, except as provided for the specified domestic-violence circumstances.

Except as provided in ORC 3109.051(G)(2), (3), and (4) pertaining to incidents involving a conviction of domestic violence, a copy of such notice shall be mailed by the Court to the non-residential parent.

CRITICAL

In any case in which the final appealable judgment or order has been rendered, other than a judgment or order rendered against a party in default for failure to appear, the Trial Judge rendering said judgment or order shall cause to be indicated upon the same a notation that said judgment or order is a final appealable order, and thereupon, the Clerk of Courts shall, within three (3) days of the entry of said final appealable judgment or order, serve a notice of the entry in any manner provided under Rule 5 of the Ohio Rules of Civil Procedure upon the parties against whom the order was rendered.

In any case in which the final appealable judgment or order has been rendered, other than a judgment or order rendered against a party in default for failure to appear, the Trial Judge rendering said judgment or order shall cause to be indicated upon the same a notation that said judgment or order is a final appealable order, and thereupon, the Clerk of Courts shall, within three (3) days of the entry of said final appealable judgment or order, serve a notice of the entry in any manner provided under Rule 5 of the Ohio Rules of Civil Procedure upon the parties against whom the order was rendered.

CRITICAL

Applies to

Post judgment motion

A post-judgment motion must be served on the adverse party under the Ohio Rules of Civil Procedure and the Court’s rules.

Any post-judgment motion thereafter filed shall be served as provided by the Ohio Rules of Civil Procedure and Rules of this Court upon the adverse party.

CRITICAL

If the prevailing side fails to submit a proposed entry to the opposing side within 14 days, the losing side must submit one to the court with certification of service on the prevailing side.

If counsel for the prevailing party, or the prevailing party if unrepresented, fails to submit a proposed entry or decree to opposing counsel or the opposing party if unrepresented within the 14 days set forth herein, then counsel for the losing party or the losing party if unrepresented by counsel, shall submit a proposed judgment entry or decree to the Court with certification of service upon the prevailing party or counsel for the same.

WARNINGCivil cases

The additional-witness statement must be served on opposing counsel; the source leaves the number of days before trial blank.

(4) In the event other witnesses are to be called at the trial a statement of their names and addresses and the general subject matter of their testimony will be served upon opposing counsel and filed with the Court at least Days prior to trial.

WARNING

Applies to

Pleading

Service

Personal service

A pleading requesting personal service on an opposing or newly added party must include a deposit set by the applicable authority to secure the reasonable cost of service.

G. Any pleading filed in which personal service is requested to be made upon the opposing party or any new party sought to be added to the pending suit shall be accompanied by a deposit in a sum to be determined by the Clerk of Courts, Statutes of Ohio, or Rules of this Court sufficient to secure the reasonable cost of perfecting the same.

WARNING

In domestic relations cases, serving former counsel does not serve the opposing party unless that party appears in open court and acknowledges the service.

Service in said cases upon former counsel of record shall not be considered to be service upon the opposing party unless said opposing party appears in open Court and acknowledges the same.

WARNING

Service

Personal service

The party requesting personal service by a process server other than the Jefferson County Sheriff must pay the entire cost.

Should personal service be requested by a process server other than the office of the Sheriff of Jefferson County, Ohio, the cost of the same shall be paid in its entirety by the party requesting the same.