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

CRITICAL

Service

Electronic service to all parties

(a) ESERVICE. The electronic service by the filing party of a pleading, filing or other documents subsequent to the original complaint in eFile cases shall be considered as valid and effective service on all parties and shall have the same legal effect as an original paper document served under applicable civil, criminal, or local rules.

(a) ESERVICE. The electronic service by the filing party of a pleading, filing or other documents subsequent to the original complaint in eFile cases shall be considered as valid and effective service on all parties and shall have the same legal effect as an original paper document served under applicable civil, criminal, or local rules.

CRITICAL

Service

Mail

Counsel must serve copies of the proposed entry on all parties not in default, or their attorneys of record, by regular mail within seven days after the costs bill is determined.

Counsel for the party or parties that obtained the Order of Sale shall prepare and file a proposed Entry Confirming Sale and Ordering Deed, and serve copies upon all parties not in default, or their attorneys of record, by regular mail, within seven (7) days after the costs bill has been determined.

CRITICAL

Applies to

Subpoena

Did not show to testify at the hearing after being subpoenaed not less than 14 days before a hearing or trial.

Did not show to testify at the hearing after being subpoenaed not less than 14 days before a hearing or trial.

CRITICAL

All persons listed on the PJR or TIC must be properly served with process.

All persons listed on the PJR or TIC have been added as a party and have been properly served with service of process.

CRITICAL

Applies to

Pleadings and papers subsequent to original complaint

In designated eFile civil and domestic relations cases, filers must file and serve papers submitted after the original complaint under Civ.R. 5 and file proof of service with the clerk.

(b)For all designated eFile civil and domestic relations case types, the filer shall file and serve pursuant to Civ.R. 5 all pleadings and other papers subsequent to the original complaint. Proof of service must be filed with the clerk.

CRITICAL

Applies to

Motion to seal

Service

Electronic service

A motion to file documents under seal must be served electronically.

A motion to file documents under seal shall be filed and served electronically.

CRITICAL

Service

Electronic service

In designated eFile criminal cases, electronic service must comply with the applicable rules of criminal procedure.

(2) Criminal Cases. For all designated eFile criminal case types, electronic service shall be completed in accordance with the applicable rules of criminal procedure.

CRITICAL

Service

Personal service

Motions, affidavits, and ex parte orders filed under this section must be served personally.

7.10.1(a) Service. The motions, affidavits and ex parte orders shall be served by personal service.

CRITICAL

Applies to

Reply

The moving party must serve any reply by the seventh day after service.

The moving party shall serve any reply on or before the seventh day after the date of service.

CRITICAL

A party filing additional objections must serve 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 days after the first objections are filed.

CRITICAL

Post-decree motions requiring service under Civil Rules 4 through 4.6 are monitored for proof; if service is not obtained within 45 days after filing, the motion is subject to dismissal without prejudice unless good cause is shown.

5.4 Failure of Service - Post-decree Motions. Post-decree motions requiring service of process under Civil Rule 4 through 4.6 will be monitored for proof of service. Where the moving party has failed to obtain service on the opposing party within 45 days after the filing date of the motion, the party or counsel will be notified that the motion will be subject to dismissal without prejudice unless good cause is shown to permit it to remain an active case.

CRITICAL

Guardians ad Litem must file and serve all pleadings and papers in appointed cases in conformity with Ohio Civil Rule 5.

25.1.21 Service of Papers. Guardians ad Litem shall file and serve all pleadings and papers in cases to which they have been appointed in conformity to Civil Rule 5 of the Ohio Rules of Civil Procedure.

CRITICAL

Service

Electronic service

Parties or counsel must serve the case documents electronically when the case type or filing is designated for e-filing, unless exempt.

Upon the designation of any particular case type as an eFile case or filing, the parties (unless exempted as provided herein) or their counsel shall promptly take steps to file, serve, receive, review, and retrieve copies of their pleadings, notices, orders, and other documents filed in the case electronically.

CRITICAL

The Clerk must post the notice conspicuously at the courthouse, Service Center, and Sheriff's Department locations listed.

The Clerk shall post the notice in the following designated conspicuous places: - 1) On the bulletin board located on the ground floor of the Knox County Courthouse; - 2) On the bulletin board located on the ground floor of the Knox County Service Center; and - 3) The lobby wall of the Knox County Sheriff's Department.

CRITICAL

Applies to

Ex parte civil protection order

Service

Personal service to opposing party

All ex parte Civil Protection Orders must be personally served on the respondent.

All ex parte Civil Protection Orders shall be personally served on the respondent.

CRITICAL

Applies to

Motion and notice of hearing

The motion and hearing notice must be served on the other party or that party’s counsel of record in accordance with the Ohio Rules of Civil Procedure.

The motion and notice of hearing shall be served on the other party or that party's counsel of record in accordance with the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Temporary support request and affidavit

The applying party must serve the temporary support request and affidavit on the opposing party or, if represented, that party’s counsel under the Ohio Rules of Civil Procedure.

The request and affidavit of the party applying for temporary spousal or child support shall be served upon the opposing party or their counsel, if represented, pursuant to the Ohio Rules of Civil Procedure.

CRITICAL

The parenting coordinator must provide copies of the decision to the parties and their attorneys, if any.

The parenting coordinator shall provide copies to the parties and their attorneys, if any.

CRITICAL

Strict compliance with Civil Rule 4(E) is required for complaints.

5.3 Failure of Service - Complaints. Strict compliance with Civil Rule 4(E) will be maintained.

CRITICAL

Applies to

Notice of intent to seek ex parte order

If the opposing party has counsel or had counsel within the 30 days before the post-decree motion, the filing party must give that attorney written notice of the intent to seek an ex parte order.

If the filing party knows, or has reason to believe, that the opposing party is represented by counsel, or has been represented by counsel within 30 days immediately preceding the filing of the post-decree motion, then notice of the filing party's intent to seek an ex parte order shall be provided to that attorney in writing;

CRITICAL

The filing party, not the court or clerk, must serve a paper copy on pro se parties and attorneys who are not registered for e-filing.

Pro se parties or attorneys who have not registered with the court's electronic filing system shall be served a paper copy by the filing party (not by the court or clerk), in accordance with the applicable civil rules.

CRITICAL

Applies to

Trial brief

When the Court requests a trial brief, counsel must serve it on opposing counsel before the hearing and without delaying the hearing.

In all hearings before the Court where a pretrial conference has been conducted, the following matters shall be accomplished prior to and without delaying the hearing. C. If a trial brief has been requested by the Court, counsel shall serve it upon opposing counsel.

CRITICAL

Applies to

Subpoena

Only the fee for in-county service by the Knox County Sheriff may be charged as a Court cost; attorney subpoena-service fees may not be charged as a Court cost.

The only service fee charged to a case as a Court cost is the fee for in-county service by the Knox County Sheriff. Therefore, the Clerk shall not charge as a Court cost to a case any fees for service of a subpoena by an attorney,

CRITICAL

A party electronically filing a document must provide a certificate of service for all parties entitled to service.

A certificate of service on all parties entitled to service is still required when a party files a document electronically.

CRITICAL

A party filing objections must serve all other parties within 14 days of the decision's filing date.

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 days of the filing date of the decision.

CRITICALCivil cases

Applies to

Non paper physical exhibit

The Clerk may not file a non-paper physical exhibit unless it has been duplicated for service on the Respondent.

The Clerk of Court shall not file any cd, USB, or other physical exhibit which is not on paper and which has not been duplicated to serve upon the Respondent.

CRITICALCivil cases

The Clerk is to provide the dismissal entry to all law enforcement agencies originally notified of the Civil Protection Order.

All dismissals of Civil Protection Orders shall include instructions to the Clerk to provide a copy of the dismissal entry to all law enforcement agencies originally notified of the Civil Protection Order.

CRITICAL

Service must be completed or attempted on all parties under the applicable civil rules before a hearing is set or emergency relief is granted.

service must be had or attempted on all parties in accordance with the applicable civil rules, prior to setting of any hearing or the granting of any emergency relief by the Court.

CRITICAL

If summons has not been served, notice must direct the party or counsel to obtain service within 14 days of the notice or face dismissal under Civil Rule 41.

13.03 If service of summons is not completed, notice shall be given to the party or counsel directing that unless service is obtained, the case will be dismissed pursuant to Civil Rule 41 within 14 days of the date of the notice.

CRITICAL

Applies to

Pleadings motions notices and other case documents

The Guardian ad Litem must receive notice of all hearings and proceedings and copies of all case filings.

The Guardian ad Litem shall be given notice of all hearings and proceedings and shall be provided a copy of all pleadings, motions, notices and other documents filed in the case.

CRITICAL

decision with the Court and serve all other parties to the action within fourteen days of the filing date of the decision.

decision with the Court and serve all other parties to the action within fourteen days of the filing date of the decision.

CRITICAL

A party must disclose to the other parties the identity of any expert witness it may use at the final hearing within 90 days before that hearing.

A. Within 90 days before the final hearing, a party must disclose to the other parties the identity of any witness it may use at the final hearing to present evidence under Ohio Rule of Evidence 702, 703, or 705.

CRITICAL

Notice of a hearing date must be mailed or delivered promptly to all interested counsel.

Notice of the hearing date shall be mailed or delivered forthwith to all interested counsel.

CRITICAL

All parties must be served before a forcible-entry-and-detainer case seeking restitution is entered in the e-filing system.

Forcible entry and detainer cases requesting restitution of property shall be commenced in paper format, and service shall be obtained on all parties prior to entering the case in the eFile system;

CRITICAL

A written expert report must be provided to opposing counsel no later than 30 days before the final hearing, unless good cause is shown; subsection D is excepted from the written-report prerequisite.

C. Other than under subsection D, a party may not call an expert witness to testify unless a written report has been procured from the witness and provided to opposing counsel. The report of an expert must disclose a complete statement of all opinions and the basis and reasons for them as to each matter on which the expert will testify. It must also state the compensation for the expert's study or testimony. Unless good cause is shown, all reports and, if applicable, supplemental reports must be supplied no later than thirty (30) days prior to the final hearing.

CRITICAL

The Magistrate must provide the parenting coordinator with a copy of the comment or complaint.

The Magistrate shall provide a copy of the comment/complaint to the parenting coordinator;

CRITICAL

Service

Publication

For other Domestic Relations Court actions where residence is unknown, service must comply with Civil Rule 4.4(A)(1), with a copy of the prepared publication filed with the affidavit and proof of publication filed with the Clerk.

In all other actions within the jurisdiction of the Domestic Relations Court, where the residence of the defendant or respondent is unknown, the service shall be pursuant to Civil Rule 4.4(A)(1) and the party or counsel shall: A. File with the necessary affidavit, a copy of the prepared publication. B. The proof of publication shall be filed with the Clerk's office.

CRITICAL

Applies to

Motion or order containing oral hearing date

If an oral hearing is requested, the moving party must serve the motion or order containing the hearing date on all opposing parties or counsel, and the hearing may not be set earlier than seven days after service unless the Court orders otherwise or the parties or counsel agree with Court approval.

The motion and/or order containing the oral hearing date, if oral hearing requested, shall be served upon all opposing parties or their counsel by the moving party. In accordance with Rule 6(D) of the Ohio Rules of Civil Procedure, the oral hearing may be set no earlier than seven days after the date of service of the motion, unless: - A. The Court in an order explicitly suspends the operation of this rule and allows an earlier hearing, or; - B. The parties or counsel agree with Court approval to an earlier hearing.

CRITICAL

Applies to

Discovery response

The parties agree to schedule discovery so that all discovery responses are served before the cutoff date.

All parties agree to schedule their discovery in such a way as to require all responses to discovery to be served prior to the cut-off date

CRITICAL

Service when the defendant's residence is known must comply with Civil Rule 4.

5.1 Residence Known. Service shall be pursuant to Civil Rule 4.

CRITICAL

A non-paper physical exhibit may be filed by the Clerk only if the Clerk receives a copy to serve on the opposing party or the filing party certifies in a certificate of service that the exhibit was served.

Exhibits attached to any case document which are physical exhibits that are not on paper, such as but not limited to a cd or USB shall only be filed by the Clerk if the Clerk receives a copy of the physical exhibit to serve on the opposing party, or if the party certifies in a certificate of service that the physical exhibit has been served on the opposing party.

CRITICAL

Expert reports must be exchanged with all other parties under the Court’s schedule, with the party bearing the burden of proof submitting first and the responding party submitting opposing reports afterward.

B. The reports of expert witnesses expected to be called by each party shall be exchanged with all other parties. The parties shall submit expert reports and curricula vitae in accordance with the time schedule established by the Court. The party with the burden of proof as to a particular issue shall be required to first submit expert reports as to that issue. Thereafter, the responding party shall submit opposing expert reports within the schedule established by the Court.

CRITICAL

Applies to

Responsive pleading

A party must serve any responsive pleading by the fourteenth day after service.

The party shall serve any responsive pleading on or before the fourteenth day after the date of service.

CRITICALCriminal cases

After receiving the executed notice with the hearing date and time, the pretrial release officer must copy the notice and report and distribute them to the parties.

Once the Judge's office returns the executed Bond Violation Notice, which includes the date and time of the hearing, make copies of the Bond Violation Notice and Bond Violation Report and distribute them to the parties.

CRITICAL

Service

Mail

The Clerk must send the specified notices to each identified Court by ordinary U.S. mail.

- G. The Clerk of Courts shall send a Notice to Court Regarding Petition for Certificate of Qualification for Employment (Form C) and Submission of Information. Regarding Petition for Certificate of Qualification for Employment (Form E) to each Court identified on the list provided by the investigating officer. Such Notice shall be sent via ordinary U.S. mail.

CRITICAL

The Clerk must serve judgment entries and notices of judgment on all parties and counsel under the stated service methods and record service on the docket.

1.03 The Clerk of Court shall be responsible for the service of a copy upon all parties and counsel of any judgment entry and the notice of judgment pursuant to Civ. R. 58(B), via regular mail, electronic delivery, or otherwise in accordance with Civ. R. 5(B) including personal delivery in the Clerk's office for local attorneys, and the notation of that service upon the docket.

CRITICAL

In the listed proceedings, the party or counsel must file an affidavit with the Clerk and submit a proposed entry to the Court under Civil Rule 4.4(A)(2).

In divorce, annulment and legal separation actions, in actions pertaining to the care, custody, and control of children whose parents are not married, in all post-decree proceedings, and in civil protection order proceedings pursuant to Civ. R. 65.1, the party or counsel shall file an affidavit in the Clerk of Court's office and submit a proposed entry to the Court pursuant to Civil Rule 4.4(A)(2).

CRITICAL

The filing party, not the court or clerk, must serve all parties with proposed entries and orders submitted for signature.

It shall be the responsibility of the filing party (not by the court or clerk), to serve all proposed entries and orders submitted to the court for signature on all parties.

CRITICAL

A party must provide initial disclosures to the other parties without awaiting a discovery request, subject to the stated exceptions.

A. Without awaiting a discovery request, a party must provide to the other parties, except as exempted by Civil Rule 26(B)(3)(b) or as otherwise stipulated, or ordered by the Court:

CRITICAL

Applies to

Hearing notice

The adverse party or counsel must be served with notice of the hearing time.

Notice of the time of the hearing shall be served upon the adverse party or counsel.