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

Applies to

Judgment notice

Service

Mail to all parties

Within three days after entry of a final appealable judgment or order, the Clerk must serve the required recipients by ordinary mail at their last known addresses and docket proof of service.

Within three (3) days of the entry of any final appealable judgment or order, the Clerk of Courts shall serve a copy of the entry upon every party not represented by counsel, or upon counsel for every party not in default for failure to appear. Such service shall be made by ordinary mail at said counsel or said parties’ last known address. The Clerk shall make a notation in the appearance docket indicating that the required service has been made.

Applies to

Judgment notice

Notice is deemed served when the Clerk serves it and enters the required docket notation, regardless of whether the party actually receives it, and nonreceipt does not invalidate the judgment or stop the appeal period.

Once the Clerk has served notice of the entry and entered the appropriate notation in the docket, notice shall be deemed to have been served. The failure of any party to receive such notice shall not affect the validity of the judgment or the running of time for appeal.

The County Treasurer, all parties, and counsel of record must receive the sheriff sale advertisement no later than two weeks before the scheduled sale, regardless of whether they have appeared.

(D) In all such cases, the County Treasurer and all parties to the action or their counsel of record, whether they have appeared in the action or not, shall be served with a copy of the sheriff sale advertisement no later than two weeks prior to a sale scheduled thereon, and shall also be served with a copy of the confirmation of sale or dismissal entry.

Service

Mail to all parties

Before a foreclosure decree issues, the court must hold a hearing after giving all parties or their counsel notice by ordinary mail.

(E) No decree in foreclosure shall issue without hearing, upon notice of such hearing having been first given to all parties or their counsel by ordinary mail.

Service

Mail to all parties

When directed by the Court, the Clerk must notify counsel or an unrepresented party of an order by ordinary mail and docket the mailing, except that deposit in the Prosecutor’s mailbox suffices when the Prosecutor is counsel.

In all instances where the Court makes an order, it may direct the Clerk to notify counsel or, if there is no counsel, the party, by ordinary mail of such ruling by providing a copy of the entry which includes such order. The Clerk shall make an appropriate notation on the appearance docket to reflect such mailing. In every case where the Mahoning County Prosecutor is counsel in a case, deposit of a copy of such order in the Mahoning County Prosecutor’s mailbox, located in the Clerk of Courts’ office, shall constitute compliance with this section.

Service

Publication to all parties

Publication in the Daily Legal News or the court’s official website provides official notice of case assignments, and counsel and unrepresented parties must check those sources for notices concerning their cases.

Publication in the “Daily Legal News” and the Courts official website, which can be accessed at: http://courts.mahoningcountyoh.gov , shall be deemed official notification to all counsel and any unrepresented party of any assignment on any case and it shall be the duty of such counsel or unrepresented party to ascertain from the “Daily Legal News” or website any official notification contained therein pertaining to any case with which they are concerned.