Licking County Court of Common Pleas, Ohio Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Pretrial order

Every case not reported as settled must have a pretrial order served and journalized.

(4) Every case that has not been reported as settled shall have: (a) A trial date set; and (b) A pretrial order served and journalized.

CRITICAL

Applies to

Pleading or amended pleading

When no law or other rule sets the deadline, the pleading or amended pleading must be served by the specified deadline, subject to any different deadline in the entry.

In all cases where the time for filing of a pleading or amended pleading is not fixed by law or another rule, the pleading or amended pleading shall be served on or before the fourteenth day after the date of the entry requiring or granting leave for the filing of such pleading or amended pleading or overruling or sustaining a motion, unless otherwise specified in the entry.

CRITICAL

The applicant or the applicant's attorney must handle notices to persons entitled to notice of an application.

All notices to those persons entitled to notice of an application shall .be handled by the applicant or the attorney for the applicant.

CRITICALCivil cases

Applies to

Pleading or amended pleading

When no law or other rule sets the deadline, a pleading or amended pleading must be served by the fourteenth day after the specified entry, unless the entry provides otherwise.

In all cases where the time for filing of a pleading or amended pleading is not fixed by law or another rule, the pleading or amended pleading shall be served on or before the fourteenth (14th) day after the date of the entry requiring or granting leave for the filing of such pleading or amended pleading or overruling or sustaining a motion, unless otherwise specified in the entry.

CRITICAL

The applicant or the applicant’s attorney must handle notices to persons entitled to notice of an application.

All notices to those persons entitled to notice of an application shall be handlecl l>Y the applicant or the attorney for 1he applicant.

CRITICAL

The judgment entry must be submitted with a copy to counsel for the opposing party.

(1') Unkss the Court oihcrwi.se directs, counsel for the pany in whose favor a verdict or opinion is rendered shall. within seven days thereafter, prcplll'C t!ic proper judgement entry lllld subm.it the original to the Cour:i with a copy to counsel for the. opposing party.

CRITICALCivil cases

When summons service is incomplete, notice must be served on plaintiff’s attorney advising that the case will be dismissed unless service is obtained.

(4) If service of summons is incomplete: (a) Notice shall be served on plaintiff’s attorney directing that, unless service is obtained, the case will be dismissed;

CRITICALCivil cases

Service

Court service to opposing party

Notice of a trial assignment must be mailed or delivered forthwith to all interested counsel.

Notice of the assignment of a case set for trial shall be mailed or delivered forthwith to all interested counsel.

CRITICALCivil cases

A partition election notice must be served on the other co-tenants or their attorney personally or by certified mail with return card requested, and evidence of notice must be filed before the Court accepts the election.

Unless by consent of the parties, no order of sale shall be made by the Court, under Section 5307.09 of the Ohio Revised Code, within five (5) days after the order confirming the appraisement shall have been entered upon the journal, and, if in said time, any party in interest shall elect to take the real estate or any party thereof at the appraisement, such party so electing shall on the days of making such election serve written notice of such election upon all other co- tenants, or their attorney of record, personally or by certified mail, with return card requested, and evidence of such notice shall be filed with the papers in the case, before acceptance of such election by the Court, and in no event shall the Court order such acceptance before the expiration of ten (10) days from the date of the confirmation of the appraisement. When such notice is given by mail, the cost thereof shall be taxed in the costs of the case.

CRITICALCivil cases

Service

Publication to court

After the last publication, the publisher or agent must file an affidavit of publication and a copy of the publication notice with the Court; both constitute proof of service.

(5) If service is being accomplished by publication, then: (a) After the last publication, the publisher or agent shall file with the Court: i. an affidavit showing publication was made, and ii. a copy of the notice of publication Both the affidavit and copy of the notice shall constitute proof of service.

CRITICALCivil cases

A subpoena may be served by any listed official or attorney, or by a court-designated nonparty who is at least eighteen years old.

It may be served by the sheriff, bailiff, coroner, Clerk of the Court, by an attorney at law, or by any person designated by order of Court who is not a party and is not less than eighteen years of age.

CRITICAL

Service

Personal service

Notice of a guardian-appointment hearing must be personally served on the alleged incompetent person or minor over 14 by a Deputy Clerk or the Sheriff, unless the Court orders otherwise.

When application for the appalimrierit of a guardian for an incoin!)Ctent person or minor over the age of 14 is· ftled, the gotice of hearing on the ,ilpplicadon s)lall be servectpersonaUy upon the alleged. incompetent person or minor by a Deputy .Clerk o(this Court, or by the Sheriff, unless otherwise ordered by the Court.

CRITICAL

If a hearing is scheduled on an attorney-fee application, notice must be given to all parties affected by payment of the fees unless the Court orders otherwise.

Ifa h~in~ ls liclteduled on an ai>Plicatii,n fot the aUowancc of attorney fees, notice shall be given to all parties affected by· the pilyment of fees., lin!ess odl~se ordered by the Court.

CRITICAL

The party seeking leave must give opposing counsel notice that the motion will be heard at 9:00 a.m. on the third day the Court is in session thereafter.

A party in default for a pleading who cannot obtain the written consent of opposing counsel to file the same may obtain leave to file a pleading instanter by filing a written motion and by giving notice to opposing counsel that the same will be heard by the Court at nine o'clock a.m. on the third day the Court is in session thereafter, if he can show to the satisfaction of the Court at such hearing that he has a good reason for such default and that he has a meritorious cause.

CRITICALCivil cases

When summons service is incomplete, counsel must investigate alternative service methods, and failure to proceed with service within 14 days is grounds for dismissal.

If service of summons is incomplete, counsel shall be advised to investigate alternative methods to obtain service. Failure to proceed with service within 14 days shall be cause for dismissal.

CRITICALCivil cases

Applies to

Exhibit list

Each party must provide its exhibit list to opposing counsel as well as submit it to the Court.

In addition, a list of exhibits to be offered by each party shall be submitted to the Court and opposing counsel.

CRITICAL

Service

Mail

For a guardian's application to approve a personal-injury settlement, any parent of the ward living in the County is entitled to three days' notice of the hearing by certified mail, unless waived in writing.

(A) In an application by· a guar(li!jn for approval -0f a settlement of an action for personal injuries to his ward, irrespective of 31Il-Ount, the parent or p~nts .of such ward. it .any, living in the C-Ouµty. shall be entitled to three days' notiC1:: by certin.ed mail of the hearing Qli such application. The notice may be waived in writing.

CRITICALCivil cases

If no defendant has been served, notice directing plaintiff’s counsel to obtain service must be served on counsel.

(6) If no Defendant has been served: (a) Counsel for the plaintiff shall be served notice directing that, unless service is obtained, the case will be dismissed.

CRITICAL

An applicant for letters of administration must serve written notice of the appointment hearing at least seven days before the hearing; waivers may be filed as permitted by the Ohio Rules of Civil Procedure.

(A) Any person who files an Application fot Letters of Administration shrul cause to be served UPO!'l such persons as required by law, Writt¢n noti9c of the lime lllid .pjace q( the heming on the appointment .. Waivers may be filed. as pcm,ittcli 1,.y the Ohio Rules of Qivil Procedure. A.I! written notices must cqntain the time and piacc of b!l the .!tearing and sh;ill $etved upon such perso11s 111· teast seven days prillt to the date set. for the hearing.;

CRITICALCivil cases

A written notice shall be given to the opposite party, his agent or attorney, on all applications for injunctions, appointment of receivers, and actions in mandamus proceedings unless the Court or

A written notice shall be given to the opposite party, his agent or attorney, on all applications for injunctions, appointment of receivers, and actions in mandamus proceedings unless the Court or

CRITICAL

Applies to

Preliminary conference statement

The parties must provide a copy of the preliminary conference statement to all opposing counsel.

The parties shall, at the preliminary conference, submit to the Court, with a copy to all opposing counsel, a preliminary conference statement covering such matters as the Court directs.

CRITICALCivil cases

Parties in civil cases must serve the pretrial statement on all opposing counsel or parties.

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

CRITICAL

Service

Publication

Notice of an inventory hearing must be published at least once in a county newspaper of general circulation, with the final publication at least ten days before the hearing.

In accordance w.ith Section 2I 15.16 of 1he Revised Code, notice of the hearing on.such inventories shall be given by publication at least oqcc in a newspaper of general circulation in the county, the last publication to be at least ien (IQ) days before the day set for hearing.

CRITICAL

The Court must give counsel of record and unrepresented parties notice of the pretrial conference by mail and/or telephone at least 14 days beforehand.

Notice of the pre·ttial conference sh.all be given to all counsel of record and ulireprescmcd panied, by mail and or telephone by the Coun not less than fourteen ( 14) days prior to the conference.

CRITICAL

The notice and proof of service must comply with Ohio Civil Rule 73(E) and (F).

of such notice and proof of such service shall be in accordance with Rule 73(E) and (F) of!be Ohio Rules of Civil Procedure.

CRITICAL

Notice of a hearing assignment must be mailed or delivered forthwith to interested counsel and parties who are not represented by counsel.

Notice of the assignment of a case set for hearing shall be mailed or delivered forthwith to all interested counsel and parties not represented by counsel.

CRITICAL

The referenced notice must be provided at least three working days before the hearing time.

at ieast ihree WO{ljilg days• in advance of the time required for hearing.

CRITICAL

Notice of probate of a will must provide at least seven days’ written notice and comply with R.C. 2107.13.

(A} No1jce of Probate oh Will shall ~uite at least sew:ndays1 Written notice w~ co111plying with i. C. 2107.13.

CRITICAL

The Court may require a compensation application to be set for hearing and written notice to be given to all interested parties as directed; that notice must state the amount of compensation requested.

The Coun may require m pro_per eases that any apphc:auon fon;ompensauon be set for heanng and wnuen notice thcrc'Of be given to all interested parties in the manner directed by the Court, inwhicll event said notice s~all et>ntain a statcmcm of the amount of compensation applied for.

CRITICALCivil cases

The Court must deliver or mail notice of a pretrial hearing to all known interested counsel and unrepresented parties.

The Court shall give notice of a pretrial hearing by delivering or mailing a copy of such notice to all known interested counsel and to all unrepresented parties.

CRITICALCivil cases

Applies to

Subpoena

An attorney who modifies a subpoena must promptly notify all other parties of the modification.

If the issuing attorney modifies the subpoena in any way, the issuing attorney shall give prompt notice of the modification to all other parties.

CRITICAL

Service

Mail

Before the hearing, a copy of the notice with the certified-mail return receipt attached and an affidavit of service must be filed.

A copy of the notice, with certified mail return receipt attached, together with an affidavit of the service of such notice, shall be filed prior to the hearing.

CRITICALCivil cases

Service of process must comply with Civ. R. 45(B).

Service of process shall be made in accordance with the provisions of Civ. R. 45(B).

CRITICAL

Service of the probate notice and proof of service must comply with Civil Rule 73(E) and (F).

Service of $µcb notice and proofof su~ se!'ViceJ!iaU be. ln. a!.cor4ance wi.th CIV, R, 73(E) and (F).

CRITICAL

Service

Publication

When publication is necessary, the Court must place the notice in a newspaper of general circulation in the county.

When publication is necessa,y, the Coun shalt place the notice in a newspaper of general circulation in the county.

CRITICAL

The complainant must notify all defendants of the sale’s time and place at least three weeks before the sale using the method provided by Civil Rule 4.1.

th.e ,imc and place thereof.. Toe complainant shall also give notice to all defendan\S of tJ)e ti~ an!l place of the sale at least 1hree weeks prior to the date of the sale in the rnotho(I provided .by Civ. R. 4. l.

CRITICAL

Applies to

Notice of hearing

A party requesting oral argument must give all other parties notice of the hearing’s time and place.

C. If oral argument of a motion is requested by a party, it shall be the responsibility of that party to schedule with the Court the hearing of said motion and to cause notice of the time and place thereof to be given to all other parties.

CRITICALCivil cases

Applies to

Exhibits

Counsel must mark and exchange all exhibits.

All exhibits shall be marked and exchanged by counsel.

CRITICALCivil cases

Applies to

Trial brief

Counsel must file the trial brief with the Court and serve it on opposing counsel.

Counsel shall file with the Court and serve upon opposing counsel a trial brief.

CRITICAL

If there is no known surviving spouse or next of kin, notice must be served on the persons designated by the Court.

{S) .If ihere notnown :~tvhiing"spous~ or next.ofkin, the 11oticc shall be served upon such perjons as arc dcsignru.ed by the Coun.

CRITICAL

Applies to

Support request and affidavit

The support request and applicant’s affidavit must be served on the opposing party or, if represented, counsel, by U.S. mail or otherwise.

The request and affidavit of the party applying for support for minor children shall be served upon the opposing party or his counsel, if represented, by U.S. mail or otherwise.

CRITICAL

Service of the notice and proof of service must comply with Rule 13(E) and (F) of the Ohio Rules of Civil Procedure.

Service of such notice and proof of such service shall be in acccmlance with Rule 13(E) and (F) of the Ohio Rules of Civil

CRITICALCivil cases

Applies to

Motion and hearing order or notice

The moving party must serve the motion and the order or hearing notice stating the hearing date on all opposing parties or their counsel.

The motion and order or notice of hearing containing the oral or non- oral hearing date shall be served upon all opposing parties or their counsel by the moving party.

CRITICAL

The Court must give reasonable notice of adversary hearings to counsel of record and parties who are not represented by counsel.

The Court sh!i.11 give teas<mable nodce of heanngs, adversruy in nature, to all counsel of recotd and ro panies nor represented .by counsel.

CRITICALCivil cases

Service

Publication

Counsel requesting newspaper publication for an Order of Sale must prepare the publication and cause it to be published.

Counsel for party requesting newspaper publication for Orders of Sale shall prepare said publication and cause same to be published.

CRITICAL

Service

Publication

(A) Notice ofthe filing of inventory shall be given ii) a~rdance with R.,C. 2115J6 and may be published one timi:. as ..a group, in a newspaper of general circulJi~OllJn t)le ~~. ot11dverti~ separately as the Coun elects in each c;isc.

(A) Notice ofthe filing of inventory shall be given ii) a~rdance with R.,C. 2115J6 and may be published one timi:. as ..a group, in a newspaper of general circulJi~OllJn t)le ~~. ot11dverti~ separately as the Coun elects in each c;isc.

WARNINGCivil cases

Attorneys must be diligent in filing requests for service by the Clerk of Court.

Attorneys shall be diligent in filing requests for service by the Clerk of Court.

WARNING

Applies to

Subpoena

Attorneys must diligently request sheriff service of witness subpoenas through the Clerk's Office or arrange service by other persons authorized by law.

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

WARNINGCivil cases

Service

Mail to court

The Clerk of Courts must send the specified notice and information-submission form to each identified court by ordinary U.S. mail.

8. The Court shall attempt to determine all other courts in the state in which the Petitioner has been convicted of or plead guilty to an offense through review of the Petitioner’s criminal history or othe4r investigation. 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 so identified. Such Notice shall be sent via ordinary US mail.

WARNING

Applies to

Notice

When required notice other than summons is given and the governing statute does not specify the manner of service, the Ohio Rules of Civil Procedure apply.

(A) The Ohio Rules Of Civil Procedure sh!lll l!l'ply to any proceedings where notice. other than service of stirumons. is ,required b)'law ·9rdeemed neeesmy !,y the Court and the ,statute providing for such notice does not \lirect tlle .QllUll)~r Qf its service., .