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

CRITICAL

If the filing party knows or has reason to believe the opposing party is represented now or was represented within the preceding 30 days, written notice of the intent to seek an ex parte order must be provided to that attorney.

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 case, then notice of the filing party's intent to seek an ex parte order shall be provided to that attorney in writing;

CRITICAL

Applies to

Pretrial statement

In civil cases, parties must serve the pretrial statement on all opposing counsel or parties.

In all civil cases, the parties shall file and serve upon all opposing counsel or parties a pretrial statement which shall include:

CRITICALCivil cases

Applies to

Ex parte cpo

Service

Personal service to opposing party

Ex parte Civil Protection Orders must be personally served on the Respondent; service under Civil Rules 4 through 4.6 is permitted if personal service fails or in addition to it.

All ex parte Civil Protection Orders shall be personally served on the Respondent. Upon failure of personal service, or in addition to personal service, service may be made in accordance with any applicable provision of Civil Rule 4 through Civil Rule 4.6.

CRITICAL

Counsel must serve objections on opposing counsel or parties and verify that a copy was provided to the Court.

In addition to serving a copy of the objections upon opposing counsel or parties, counsel must verify that a copy of the objections has been provided to the Court.

CRITICAL

Applies to

Guardian ad litem report

The Guardian ad Litem must serve a copy of the report on counsel of record and self-represented parties in accordance with Ohio Civil Rule 5.

The Guardian ad Litem shall serve upon counsel of record and self-represented parties a copy of the report, with service in accordance with Rule 5 of the Ohio Rules of Civil Procedure.

CRITICAL

An attorney or self-represented party whose listed contact information changes during a pending action must serve all parties and file written notice of the change.

1.3 Change of Address. An attorney or self-represented party whose mailing address, telephone number, fax number, or e-mail address changes while an action is pending must serve on all parties and file a written notice of the change.

CRITICAL

Applies to

Non paper physical exhibit

The Clerk of Court must not file a non-paper physical exhibit that has not 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.

CRITICAL

Service

Electronic service

Electronic service is complete when the document is sent, as shown by the effective date and time on the certificate of service in the electronic transmittal.

eService by the filing party shall be deemed complete at the time a document has been sent as reflected by the effective date and time appearing on the certificate of service in the electronic transmittal.

CRITICAL

Applies to

Request for production or inspection

Requests for production or inspection must be served on opposing counsel or parties in accordance with the Civil Rules.

A request for production or inspection shall be served upon other counsel or parties in accordance with the Civil Rules.

CRITICAL

Applies to

Pleadings notices orders and other documents

Service

Mail

In designated eFile civil and domestic relations cases, the clerk serves the specified documents with the summons by certified or ordinary mail, subject to applicable rules and the Administrative Order.

(a) For all designated eFile civil and domestic relations case types, the clerk of court shall issue, file, and serve with the summons pursuant to Civ.R. 4 all pleadings, notices, orders, and other documents using traditional certified or ordinary mail service, subject to the applicable civil rules or provisions of this Administrative Order.

CRITICAL

Applies to

Proof of service

When an attorney requests a special process server, the attorney must verify that the server promptly completes and returns proof of service to the Clerk.

Where the attorney has requested a special process server, the attorney shall verify that the process server has promptly completed and returned the proof of service to the Clerk.

WARNING

Applies to

Pleading

Pleadings generally need not be served on or approved by the Treasurer, except for an Entry Confirming Sale and Ordering Deed or another entry determining taxes due on the property.

No pleading need be served upon, or approved by, the Treasurer, other than the Entry Confirming Sale and Ordering Deed, or other entry which determines the amount of taxes due on a parcel of real property.

WARNING

Attorneys must diligently request subpoenas through the Clerk for Sheriff service or arrange service by other persons authorized by law.

9.01 Attorneys shall be diligent in filing requests in the Clerk's office to subpoena witnesses by the Sheriff or in causing subpoenas for witnesses to be served by other persons as authorized by law.

WARNING

Applies to

Continuance motion

Where there is no counsel of record and one cannot be readily ascertained, then the opposing party should be served with a copy of the requested continuance.

Where there is no counsel of record and one cannot be readily ascertained, then the opposing party should be served with a copy of the requested continuance.

WARNINGCivil cases

Applies to

Permanent cpo

Permanent Civil Protection Orders may be served pursuant to Civil Rule 5(B).

Permanent Civil Protection Orders may be served pursuant to Civil Rule 5(B).

WARNING

A hearing-date request carries a presumption that opposing counsel was notified and approved the date and that reasonable hearing time was requested; failure to notify or dilatory tactics may result in sanctions, including attorney fees.

Where counsel requests a hearing date, it will be presumed that: A. Opposing counsel has been notified and has approved the hearing date; and, B. Counsel has requested a reasonable amount of time for the hearing to determine the issues. Failure to notify opposing counsel, or dilatory tactics by opposing counsel, may result in sanctions including an award of attorney fees to the aggrieved party.

WARNING

Applies to

Jury service notice and questionnaire

Service

Mail

The jury-service notice and questionnaire must be prepared by the Sheriff and served by ordinary mail.

The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person shall be: - 1. Phrased in a manner readily understandable by an individual unfamiliar with the legal and jury systems; and - 2. Prepared by the Sheriff and served by ordinary mail.

WARNING

After the judge’s office returns 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.

WARNING

Indigent and self-represented parties must serve filings on paper unless the court permits electronic service after a petition.

All filings by indigent and self-represented parties (pro se) are exempt from electronic filing requirements, and their filings shall be filed and served in paper form, unless the party petitions the court, and the court allows the party, to file and serve electronically, in which case the party may do so through the court's electronic filing system.

WARNING

Attorneys should diligently request subpoenas through the Clerk for service by the Sheriff or arrange service by another person authorized by law.

Attorneys shall be diligent in filing requests in the Clerk's office to subpoena witnesses by the Sheriff or in causing subpoenas for witnesses to be served by other persons as authorized by law.

WARNINGCriminal cases

Service

Personal service

The document’s certificate of service states that a copy was served on the Knox County Prosecutor by personal service at his office.

A copy of this document was served upon Charles T. McConville, Knox County Prosecutor, by personal service to his office located at 117 East High Street, Suite 234, Mount Vernon, Ohio 43050, this _____ day of _____, 20____.

WARNING

In divorce, annulment, and legal separation actions where residence is unknown, service may be perfected by either of the two methods described below.

5.2 Residence Unknown. In divorce, annulment and legal separation actions, service may be perfected by one of two ways, as stated below.

WARNING

Applies to

Withdrawal of transcript request

To obtain a refund of a transcript deposit, the withdrawal request must be served upon the Court before transcript preparation.

Transcript deposits are refundable provided a withdrawal of transcript request is filed with the Clerk and served upon the Court prior to preparation of the transcript.

INFO

Service

Electronic service to all parties

Electronic service transmits an original document to all other registered case participants through the e-filing system or another electronic means such as email.

(11) ELECTRONIC SERVICE (ESERVICE). The electronic transmission of an original document to all other registered case participants via the electronic filing system or by other electronic means, such as email.

INFO

Applies to

Ex parte civil protection order

If personal service fails, or in addition to personal service, service may be made under an applicable provision of Civil Rules 4 through 4.6.

Upon failure of personal service, or in addition to personal service, service may be made in accordance with any applicable provision of Civil Rule 4 through Civil Rule 4.6.

INFO

Service

Electronic service to all parties

The e-filing system generates a filing notification for the filing party or designated counsel and all registered parties and counsel of record.

Whenever a document is filed electronically through the court's electronic filing system, the system will generate a notification of electronic filing to the filing party or its designated counsel, and all parties and counsel of record with valid registration in the court's electronic filing system.

INFO

Applies to

Original complaint

A county office named as a defendant in its official capacity may waive service of the original complaint by filing a written waiver and consent to service of process.

(C) Other County Officers as Parties Defendant In any action where county officers are named as defendants in their official capacity, the named office may waive service of the original Complaint by filing a written waiver of service and consent to service of process.

INFO

Applies to

Permanent civil protection order

Permanent Civil Protection Orders may be served under Civil Rule 5(B).

Permanent Civil Protection Orders may be served pursuant to Civil Rule 5(B).