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

CRITICAL

Deadline

72 hours

A person intending to offer a firearm, weapon, or dangerous ordnance must give written notice to the Court and opposing counsel at least 72 hours before the proceeding.

Any person intending to offer any firearm, weapon, or dangerous ordnance as an exhibit for any purpose in any hearing, trial, or other proceeding in this Court shall notify the Court and opposing counsel in writing at least 72 hours prior to the commencement of the hearing, trial, or other proceeding.

CRITICAL

The Clerk must serve all notices and court orders on victims or representatives who have requested notice under R.C. Chapter 2930.

The Clerk shall serve the victims or their representatives who have requested notices under R.C. Chapter 2930 with all notices and court orders.

CRITICAL

Service

Electronic service

Attorneys must regularly check their email and update their email address with the court if it changes.

Attorneys are responsible for regularly checking their email and updating their email address with the court if it changes.

CRITICAL

For criminal filings, the filer must provide copies for the prosecutor, probation department, and assigned judge; the clerk serves them if enough copies are provided, otherwise the filer must ensure service on the filing day and remains ultimately responsible.

In a criminal case, the Filer must submit (1) the original for the official record; (2) a copy for the Prosecutor’s Office; (3) a copy for the Marion County Adult Probation Department; and (4) a copy for the assigned Judge. Provided the Filer provides sufficient copies, the clerk will serve each of these parties. If the Filer fails to present sufficient copies, the Filer must ensure service upon the Prosecutor’s Office, Probation Department, and Assigned Judge occurs on the day of filing. The Filer has the ultimate responsibility to ensure service occurs.

CRITICAL

Service

Mail

The Clerk must serve each defendant’s complaint by certified mail at the address in the complaint unless the plaintiff requests another method in an Instruction for Service.

Pursuant to Civil Rule 4(A), the Clerk shall serve a Complaint by certified mail upon each Defendant at the address listed in the Complaint for that Defendant unless a Plaintiff files an Instruction for Service requesting a different method for service.

CRITICAL

Applies to

Document requiring service

Filers must provide proof of service for all documents requiring service in compliance with the Ohio Rules and Local Rules.

For all documents requiring service, a Filer must provide proof of service in compliance with the Ohio Rules and Local Rules.

CRITICAL

Deadline

2 hours

Applies to

Indictment and notice to supreme court

In capital cases, the Prosecutor must serve the assigned Judge’s and Administrative Judge’s chambers within two hours of filing or by the end of the filing business day, whichever is sooner.

The Prosecutor shall serve the chambers of the assigned Judge and the chambers of the Administrative Judge with a copy of the indictment and the notice to the Supreme Court under R.C. 2929.021 within two (2) hours of their filing or the end of the business day of filing, whichever occurs sooner.

CRITICAL

When requested, the Prosecuting Attorney must ensure the alleged victim receives notice of public proceedings concerning the alleged offense and an opportunity to appear, to the extent required by law.

The Prosecuting Attorney, to the extent required by Article I, Section 10a of the Ohio Constitution or by the Revised Code, shall ensure that the alleged victim, if requested, receives notice of all public proceedings involving the alleged criminal offense against the victim and of the opportunity to appear at all such proceedings.

CRITICAL

Filers must serve every Original Filing and other document requiring service on opposing counsel or an unrepresented party as permitted by the Ohio Rules and these Rules, except for the specified default-judgment motions.

A. With the exception of motions for default judgment in cases in which the opposing party has failed to answer or otherwise appear in the action, a Filer shall serve upon every opposing counsel or unrepresented party every Original Filing or other document requiring service in a manner permitted by the Ohio Rules and these Rules.

CRITICAL

Applies to

E filed document

Service

Electronic service

A Filer relying on automated service must review the electronic filing notice to confirm the system served the intended party.

However, a Filer must review the Notice of Electronic Filing generated by the e-filing system to confirm that the system actually served the e-filed document upon the party the Filer intended to serve via automated service.

CRITICAL

Applies to

Indictment and notice to supreme court

Service

Court service to court

In capital cases, the Clerk must serve the assigned Judge’s and Administrative Judge’s chambers with the indictment and Supreme Court notice by the end of the business day on the day they are filed.

The Clerk shall serve the chambers of the assigned Judge and the chambers of the Administrative Judge with a copy of the indictment and the notice to the Supreme Court under R.C. 2929.021 no later than the end of the business day on the day of their filing.

CRITICAL

A filing party must monitor service and promptly act to address any service issue.

A filing party has a duty to monitor service and take prompt action to address the issue.

CRITICAL

If a motion or response relies on facts outside the record, the filing party must serve and file copies of all appropriate supporting evidence.

H. If any motion or response to a motion requires consideration of facts not appearing in the record, the party filing the motion or opposition shall serve and file copies of all appropriate factual support (such as affidavits, depositions, transcripts, photographs, or documentary evidence) submitted in support of or in opposition to the motion.

CRITICAL

In civil cases, the Clerk does not serve documents on parties except judicial orders, and the filer is solely responsible for proper service.

In a civil case, the Filer must submit (1) the original for the official record and (2) a copy for the assigned Judge. The clerk of court will not serve any document in a civil case other than a judicial order upon parties, and the Filer has the sole responsibility to ensure proper service occurs.

CRITICAL

All service requests must comply with the Ohio Rules and the Local Rules.

All requests for service shall comply with all Ohio Rules and the Local Rules.

CRITICAL

Service

Court service to opposing party

Service on attorneys may be made through their courthouse attorney mailboxes and is complete upon placement; counsel must regularly check those mailboxes.

D. The Court authorizes service upon attorneys by the Court’s attorney mailboxes in the Common Pleas Courthouse. Service shall be deemed complete upon placement in the attorney’s Court mailbox. Counsel shall regularly check their mailboxes.

CRITICAL

The moving party must promptly serve the proposed Amended Case Schedule on all other parties.

F. If a party moves to modify the Case Schedule, that party must prepare and present to the Court a proposed “Amended Case Schedule,” which the moving party must promptly submit to the Court and serve on all other parties

CRITICAL

Applies to

Trial date notice

The Court must send written notice of the trial date and time to all unrepresented parties and attorneys of record.

The Court shall send written notice of the date and time of the trial date to all unrepresented parties and to all attorneys of record.

CRITICAL

The opposite party must receive written notice at least two days before an application to appoint a receiver, stating when the application will be made, unless the Court dispenses with notice for good cause stated in a filed pleading or affidavit.

A. A written notice of not less than two (2) days shall be given to the opposite party of all applications for appointment of a receiver, unless the Court, upon good cause stated in the pleading or affidavit filed therewith, dispenses with same. Such notice shall state the time when application will be made.

CRITICAL

Applies to

E filed document

Filers must serve e-filed documents in accordance with the Ohio Rules and these Rules.

A Filer must serve any e-filed documents in accordance with the Ohio Rules, including Civ.R. 5 and Crim.R. 49, and these Rules.

CRITICAL

Service

Electronic service

For a party receiving the electronic filing notification, service is complete when the Clerk’s system generates it.

If a party receives the Notification of Electronic Filing, service is complete at the time the Clerk’s e-filing system generated the Notification of Electronic Filing.

CRITICAL

Service

Court service to all parties

The Clerk must serve all parties with judicial filings and record the service method, except that an entry solely ordering the transportation of a person in custody need not be served on all parties.

The Clerk shall serve all parties with any judicial filings in a Case and shall make a record of the method of service to the parties. The clerk need not serve upon all parties any Court entry solely ordering the transportation of those in custody from a jail or prison.

CRITICAL

Applies to

E filed document

E-filers must directly serve parties or attorneys who are not registered users because they will not receive an electronic filing notice.

Anyone who is not a registered user of the Clerk’s e-filing system will not receive a Notice of Electronic Filing. As a result, any e-filer must serve these parties or attorneys directly via an appropriate means.

CRITICAL

A party seeking default must serve any party that has appeared in the action as Civil Rule 55 requires; an appearance includes an overt act showing an intent to defend or otherwise participate.

D. For any party that has appeared in the action, the party moving for default shall serve that party as required by Civil Rule 55. A party has “appeared in the action” as Civil Rule 55(A) uses that term when the party has done some overt action expressing an intention and purpose to defend the suit or otherwise participate.

CRITICAL

Applies to

Motion to withdraw

The attorney must file a motion to withdraw with the Clerk and serve a copy on all parties and the client.

The attorney shall file the motion with the Clerk and serve a copy upon all parties as well as upon the client.

WARNING

The Court may dismiss a case for lack of prosecution absent a showing of good cause.

Absent a showing of a good cause, the Court may dismiss such case for lack of prosecution.

WARNING

Applies to

Certified judgment entry

The Clerk must provide the Ohio Department of Rehabilitation and Corrections with a certified copy of the judgment entry.

The Clerk shall provide a certified copy of the judgment entry in such matters to the Ohio Department of Rehabilitation and Corrections.

WARNING

Service

Electronic service

Where permitted, service by the e-filing system is the only form of service.

Where permitted, service by the e-filing system will be the only form of service.

WARNING

Applies to

Document

Service

Electronic service

Parties should serve documents electronically when possible.

Parties should serve documents electronically when possible.

WARNING

A party who issues a subpoena must timely notify the witness if the witness is released from the subpoena, including when trial or a hearing does not proceed.

B. Any party who issues a subpoena shall timely notify any witness of any release from that subpoena, such as when the trial or hearing does not proceed.

WARNING

G. Fees of receivers and their attorneys shall be allowed only upon application filed in the cause with an affidavit setting forth in detail the services rendered in the case. Written notice of the time and place of the hearing of said application may be required by the court to be served upon all counsel, parties known, and creditors, a reasonable time before hearing unless all counsel and parties agree. The court may direct that notice be given by publication or in such other manner as it deems proper.

G. Fees of receivers and their attorneys shall be allowed only upon application filed in the cause with an affidavit setting forth in detail the services rendered in the case. Written notice of the time and place of the hearing of said application may be required by the court to be served upon all counsel, parties known, and creditors, a reasonable time before hearing unless all counsel and parties agree. The court may direct that notice be given by publication or in such other manner as it deems proper.

WARNING

Applies to

Subpoena

The Clerk may serve subpoenas only in compliance with the applicable Ohio Rules, including Criminal Rule 17 or Civil Rule 45.

D. The Clerk may only serve subpoenas in compliance with the Ohio Rules, including Criminal Rule 17 or Civil Rule 45.

WARNING

Service

Electronic service

Registering as an e-filer constitutes consent to electronic service of documents filed by other registered e-filers and court orders.

Registration as an e-filer constitutes consent to accept electronic service of any documents filed by other registered e-filers as well as any orders issued by the court.

WARNING

Applies to

CQE petition and associated documents

The Clerk must provide unredacted copies of the Petition and associated documents to the Court, Prosecutor, and Probation Department.

The Clerk shall provide unredacted copies of the Petition and associated documents to the Court, Prosecutor, and Probation Department.

INFO

Applies to

Judgment entry or order

Service

Electronic service

Unless prohibited by law, the Court may electronically serve judgment entries and orders on an appearing attorney at the email address on file.

Unless prohibited by law, the Court may electronically serve judgment entries and orders upon an attorney who has already entered an appearance by using the email address on file for that attorney.

INFO

Applies to

E filed document

Service

Electronic service

For most documents, the Clerk’s system generates an electronic filing notification to the e-filer and other registered users when the Clerk accepts the filing.

Automated Service: When the Clerk accepts an e-filed document, the Clerk’s e- filing system, for most documents, will generate a Notification of Electronic Filing to the e-filer and any other party or attorney registered as a user of the Clerk’s e-filing system.

INFO

Service

Electronic service

Automatic electronic notice together with the required proof of service constitutes service when the system automatically serves a party or attorney.

If the e-filing system does automatically serve a party or attorney, the automatic electronic notice, in conjunction with the required proof of service, will constitute service under Civ.R. 5 and Crim.R. 49.