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

Applies to

Complaint

Service

Personal service to all parties

Every person listed on the PJR must be properly served with service of process.

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

Applies to

Appointing judgment entry

Service

Court service

For later-filed cases, the clerk must accept a time-stamped copy of the appointing judgment entry as satisfying the court-designation requirement for an eligible process server.

(5) In any case filed thereafter, the clerk of court shall accept a time stamped copy of the appointing judgment entry as satisfying the requirements of Civ.R. 4.1(B) for designation by this court of a person eligible to make service of process.

Applies to

Standing special process server appointment

A Standing Special Process Server's authority to serve process ends if the server fails to satisfy the rule's requirements during the appointment period.

If ____ [applicant's name] fails to satisfy the requirements set forth under Lake Co.C.P.R. 3.02(B) during the period of appointment, the authority to serve process under this order shall cease.

Deadline

2 working days

Applies to

Trial documents and exhibits

Trial documents and exhibits must be shared with opposing counsel at least two working days before trial, with a copy also provided to the judge's office.

All documents and exhibits shall be marked for identification purposes, along with an index, and shared with opposing counsel at least two working days prior to trial, and a copy shall be provided to the judge’s office.

Applies to

Notice of withdrawal from sheriffs sale

A party that filed a praecipe for sheriff's sale must notify the sheriff in writing before the sale if it wants to withdraw the property unilaterally.

Should a party which filed a praecipe for sheriffs sale desire to withdraw that property from the sale, it shall notify the sheriff in writing prior to the sale that it is unilaterally withdrawing the property from sale.

Every person listed on the Preliminary Judicial Report must be properly served with process.

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

Applies to

Motion for default judgment

When the party against whom default judgment is sought has appeared, written notice of the motion must be served on that party at least seven days before the hearing.

If the party against whom judgment by default is sought has appeared in the action, the court may enter judgment after a hearing, with written notice of the motion for default judgment being served on said party at least seven days prior to said hearing, as provided in Civ.R. 55.

Applies to

Default judgment

A default-judgment motion must include proof of service on all parties who have appeared.

Motions for default judgment, with proof of service on all parties who have appeared, shall be in writing and shall be accompanied by a proposed judgment entry and all necessary documentation, including an affidavit of damages and an affidavit of military status pursuant to 50 U.S.C. 3931(b)(1).

Service

Mail

The court must give counsel at least fourteen days' notice of the trial date and time by mail, computer, and/or telephone, unless good cause supports a shorter period, and counsel must track the scheduled date.

Notice of the date and time for trial shall be given to all counsel of record by mail, computer, and/or telephone by the court not less than fourteen days prior to trial, unless good cause requires a lesser time period. The court will make every reasonable effort to notify counsel, but it shall be counsel’s responsibility to be aware of the date and time of said trial.

Service

Publication

The filing party, rather than the clerk, must arrange publication and submit proof of publication after service by publication is completed.

The clerk of court no longer performs service by publication. It shall be the responsibility of the person filing the complaint to arrange for publication with the newspaper. Upon completion of service by publication, proof of same shall be submitted to the clerk of court for filing.

Applies to

Discovery papers and responses

For the listed discovery papers and responses, proof of service must be filed instead of the original papers.

Proof of service of interrogatories, requests for documents, notices of depositions, requests for admissions, and any responses thereto, shall be filed in lieu of such original papers.

Counsel must register as counsel of record and provide proof of service showing notice to all other attorneys.

Counsel shall be responsible to register as counsel of record, with proof of service indicating notice to all other attorneys.

If the opposing party has appeared, written notice of a default-judgment motion must be served at least seven days before the hearing.

written notice of the motion for default judgment being served on said party at least seven days prior to said hearing, as provided in Civ.R. 55.

Copies of the appellant's brief must be served on all other counsel with proof of service.

Copies, with proof of service, shall be served on all other counsel.

Applies to

Document

Service

Mail to all parties

In designated eFile case types, the court must issue, file, and serve pleadings, notices, orders, and other documents by traditional certified mail, subject to the rule.

For all designated eFile case types, the court shall issue, file, and serve pursuant to Civ.R. 4 all pleadings, notices, orders, and other documents using traditional certified mail service, subject to the provisions of this rule.

Applies to

Document

In designated eFile case types, the filer must use courier, mail, or electronic means to file and serve the listed documents and must file proof of service with the clerk.

For all designated eFile case types, the filer shall file and serve Civ.R. 5 notices, orders, and other documents using courier, mail, or electronic means. Proof of service must be filed with the clerk.

Service

Electronic service

When electronically filing an original complaint, third-party complaint, or pleading adding a new party, the filing party must also file instructions for electronic service.

Upon electronically filing the original complaint, third party complaint, or any pleading that adds a new party, the filing party shall also file instructions for service electronically.

Service

Electronic service

Electronic service of subsequent documents in eFile cases is valid and effective on all parties, but unregistered pro se parties or attorneys must receive a paper copy served by the filing party.

The electronic service of a subsequent pleading, filing or other documents 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 former rules. 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 the court or clerk, in accordance with the applicable rules of civil procedure.

Applies to

Document

Service

Electronic service to all parties

An electronic filing must include a certificate of service identifying the manner of service for each party entitled to service and using the specified certificate language.

A certificate of service on all parties entitled to service is still required when a party files a document electronically. The certificate must state the manner in which service was accomplished on each party so entitled. The certificate of service shall contain the following language: I hereby

Applies to

Proposed order

The filing party, rather than the court or clerk, must serve proposed entries and orders on all parties, and the proposed orders should include a certificate of service.

(c) SERVICE OF PROPOSED ENTRIES AND ORDERS. It shall be the responsibility of the filing party, not the court or clerk, to serve all proposed entries and orders submitted to the court for signature on all parties. Proposed orders should include a certificate of service as set forth in section (L)(2)(b) of this rule.

Service

Electronic service

Electronic service is complete when the electronic filing system receives the document, applicable court rules govern response periods, and electronically served parties receive the same three-day response extension as parties served by mail.

(3) SERVICE ON PARTIES–TIME TO RESPOND OR ACT. eService shall be deemed complete at the time a document has been received by the court’s electronic filing system as reflected by the effective date and time appearing on the electronic transmittal. Effective with the commencement date of electronic filing, any period of time to respond to the served document or perform any right, duty, or act shall be strictly governed by the applicable rules of the court. Parties served electronically are entitled to the same three-day extension of time to respond as if they had been served by mail.

Service

Electronic service

Failure to electronically serve a party may result in an extension of the response or action period or the striking of the pleading from the record.

(4) FAILURE OF ELECTRONIC SERVICE. If service on a party does not occur, the party to be served may be entitled to an order extending the date for any response or the period within which any right, duty or act must be performed or the court may strike the pleading from the record.

Applies to

Motion to seal

Service

Electronic service

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

(b) DOCUMENTS FILED UNDER SEAL. A motion to file documents under seal shall be filed and served electronically. However, the documents to be filed under seal shall be filed in accordance with section 2.06 of these rules.

Applies to

Motion

Movants may be required to serve the motion on all adverse parties or notify other parties that leave was received.

Nothing herein shall preclude the requirement that movant serve a copy of such motion upon all adverse parties or notify other parties of leave received.

Applies to

Motion

When leave results in filing a pleading or motion requiring an adverse party to respond to protect their interests, the filing party must serve it on all adverse parties after filing and leave is granted.

Where leave results in the filing of a pleading or motion to which an adverse party must respond in order to protect his or her interests, the party filing same is required to serve a copy of such pleading or motion, once filed after leave is granted, and apart from any exhibit of same previously served along with request for leave, upon all adverse parties.

Applies to

Witness reports

Counsel must deliver all expected medical, non-expert, and expert witness reports to opposing counsel.

Counsel shall deliver to opposing counsel all written reports of medical, non-expert, and expert witnesses expected to be called to testify at trial by each party.

Applies to

Witness reports

Trial witness reports must be delivered by the case-management-order deadline and before the pretrial conference.

Said reports shall be delivered in accordance with the deadlines set forth in the case management order and prior to the pretrial conference.

Applies to

Discovery disclosure

A plaintiff, counterclaimant, cross-claimant, or third-party claimant must make the listed disclosures to every other party.

The plaintiff, counter-claimant, cross-claimant, or a third party claimant shall deliver to all other parties:

Applies to

Special damages disclosure

A claiming party must disclose intended special damages and specified supporting details, with employer verification or self-employment documentation for lost earnings, and may be ordered to furnish tax returns.

all items of special damages which the party intends to prove, including medical bills, property damage bills (or evidence if there is no bill) and loss of earnings or income. As to loss of earnings or income, the information supplied shall include the name of employers, dates of absences, and rates of pay, and shall further include written verification by the employer of such facts. In the case of a self-employed person, sufficient documentation shall be supplied to support the claim of loss of earnings or impairment of working capacity. The court may order such copies of the claimant’s income tax returns as the court deems appropriate to be furnished other parties;

Applies to

Medical reports

The claiming party must deliver written medical reports and the substance of unwritten reports from doctors who treated the claimant for the alleged injuries.

written medical reports, and the substance of any unwritten medical reports, of any doctor rendering medical services to the claimant in connection with the alleged injuries; and,

Applies to

Expert reports

The claiming party must deliver written reports and the substance of unwritten reports for nonmedical experts whose opinions are expected at trial.

written reports, and the substance of unwritten reports, of any expert witness other than medical expert witnesses whose opinion is expected to be offered in evidence at the time of trial, whether such reports are formal or informal, written or verbal.

Applies to

Discovery disclosure

A defendant must make the listed property-damage, medical-report, and expert-report disclosures to every other party.

The defendant shall deliver to all other parties:

Applies to

Property damage reports

A defendant must deliver estimates or reports of the claimant's property damage to all other parties.

estimates or reports of property damages sustained by the claimant;

Applies to

Medical reports

A defendant must deliver written medical reports and the substance of unwritten reports from specified doctors who examined or consulted concerning the claimant.

written medical reports, and the substance of unwritten medical reports, of any doctor who examined the claimant on behalf of any defendant, and of any other doctor who examined the claimant or was consulted by the first doctor in connection with the alleged injuries; and,

Applies to

Expert reports

The party bearing the burden on an issue must initially submit expert reports at least 30 days before the pretrial conference unless the court orders otherwise.

The party with the burden of proof to a particular issue shall be required to first submit expert reports as to that issue at least thirty days before any pretrial conference, unless otherwise ordered by the court.

Applies to

Expert reports

After the burden-bearing party's initial expert reports, the responding party must submit opposing expert reports.

Thereafter, the responding party shall submit opposing expert reports.

Applies to

Expert reports

An expert witness may not testify unless counsel procures a written report and provides it to opposing counsel.

An expert witness shall not testify unless a written report has been procured from the witness and provided to opposing counsel.

Applies to

Motion to confirm sale

The motion to confirm sale and proposed confirmation order must be served under Civil Rule 5 on the debtor, creditors, purchaser, and other interested parties unless all parties approve the entry.

A copy of the motion, together with a copy of the proposed confirmation order, shall be served in accordance with the provisions of Civ.R. 5 on the debtor, creditors, purchaser, and all other interested parties, unless the entry is approved by all parties.

Applies to

Ex parte protection order

Service

Personal service

Unless the issuing judge or magistrate directs otherwise, the petitioner must remain at the clerk's counter to receive a hand-served, time-stamped copy of an ex parte protection order.

Upon the granting of an ex parte protection order, the party filing the petition, unless directed otherwise by the judge or magistrate issuing the order, shall remain at the clerk’s counter and be hand-served a time- stamped copy of the order by the clerk.

Applies to

Civil stalking protection order

Service

Personal service

Initial service and service of an entered ex parte civil stalking protection order must follow the applicable personal-service rule for in-state or out-of-state service.

Initial service, and service of any ex parte protection order that is entered, shall be made in accordance with the provisions for personal service of process within the state under Civ.R. 4.1(B) or outside the state under Civ.R. 4.3(B)(2).

After proper initial service, all additional service during the proceedings must comply with Civil Rule 5(B).

(3) After initial service has been made in accordance with this rule, any additional service required to be made during the course of the proceedings shall be made in accordance with the provisions of Civ.R. 5(B).

Applies to

Full hearing civil stalking protection order form

The clerk must acknowledge perfected service by signing the specified form box and identifying the service method used.

(4) The clerk of courts shall acknowledge that service has been perfected by signing in the appropriate box on the last page of the full hearing civil stalking protection order form (Form 10.03-F) and indicating which method of service was used.

Applies to

Report and award

Service

Mail to all parties

On the same day the arbitration report and award is filed, copies must be mailed or otherwise forwarded to all parties or their counsel.

Within seven (7) days after the hearing, the board of arbitration shall file a report and award with the arbitration commissioner and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

Applies to

Notice of appeal

The appellant must serve opposing parties or their counsel with a copy of the notice of appeal and affidavit.

The appellant shall serve a copy of the notice and affidavit upon opposing parties or their counsel.

Deadline

48 hours

Applies to

Exceptions

Copies of filed exceptions must be served on each arbitrator and the arbitration commissioner within 48 hours after filing.

Copies of the exceptions shall be served upon each arbitrator and the arbitration commissioner within 48 hours after filing

Applies to

Exhibits

Exhibits or other items that cannot be comprehensibly viewed electronically may be served conventionally.

(d) EXHIBITS. Exhibits or other items that may not be comprehensibly viewed in an electronic format may be filed and served conventionally.

Service may be made under any applicable provision of Civ.R. 4 through Civ.R. 4.6.

such personal service, service may be made in accordance with any applicable provision of Civ.R. 4 through Civ.R. 4.6.

In qualifying real-property foreclosure actions, the Lake County Treasurer’s appearance is presumed for jurisdictional purposes, and the court will take judicial notice of the Treasurer’s first and best lien for taxes due.

In real property foreclosure actions where the treasurer need not file an answer, the Lake County Treasurer’s appearance will be presumed for purposes of jurisdiction and the court shall take judicial notice that the treasurer has the first and best lien for taxes due.