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

CRITICAL

Service

Mail

Notices under these Rules must be sent by regular U.S. Mail to the party’s attorney of record at the last known business address, and service is complete on mailing.

All notices required by these Rules to be served upon a party in an action shall be sent by regular U.S. Mail to the party’s attorney-of-record at his last known business address. Service shall be deemed complete for purposes of these Rules upon the date of mailing.

CRITICAL

Applies to

Entries and orders

Service

Court service

After an order or entry is signed and filed, the clerk must serve copies of all entries and orders.

After the order or entry has been signed and filed, the Clerk of Courts shall serve copies of all entries and orders.

CRITICAL

Pretrial briefs must be submitted directly to the Court and copies served on all other counsel or pro se parties at least seven days before final pretrial, unless the Court directs otherwise.

All pretrial briefs shall be submitted directly to the Court with copies served upon all other counsel or pro se parties not less than seven (7) days prior to final pretrial unless the Court otherwise directs.

CRITICAL

Registered e-filers must serve the parties and the Court in accordance with Ohio Civil Rule 5.

By registering as an e-filer, the attorney or party agrees to file documents electronically and shall serve parties to a case and the Court in accordance with Ohio Civil Rule 5.

CRITICAL

Applies to

Notice of intent to relocate

Service

Mail to opposing party

Before relocating to a residence other than the one specified in the visitation order or decree, the relocating parent must serve the other parent with the notice by certified mail.

Prior to the relocation of the residential parent, or either parent in a shared parenting plan, to a residence other than that specified in the visitation order or decree of the Court, the relocating parent must serve a Notice of Intent to Relocate [DR 6] in advance notice of the move upon the other parent by certified mail.

CRITICAL

If service is not completed within six months, the Court will notify counsel that service must be obtained within fourteen days or the case will be dismissed.

If service is not completed within six (6) months as required by Civ.R. 4(E), the Court will serve notice on counsel that unless service is obtained within fourteen (14) days, the case will be dismissed [CM 1].

CRITICAL

Applies to

Notice of hearing show cause order

The notice of hearing/show-cause order must be served with the motion and citation in accordance with the Civil Rules.

The notice of hearing/show cause order shall be served with the motion and citation pursuant to the Civil Rules.

CRITICAL

The clerk must issue the summons and process using the designated service method in accordance with the Civil Rules.

The clerk shall issue a summons and process in the designated method of service in accordance with the Civil Rules.

CRITICAL

The filer, not the clerk, is responsible for serving documents filed after the original complaint on all parties and attorneys.

In accordance with Civ. R. 5(B)(2) and Crim R. 49, the filer, not the Clerk, shall be responsible for serving all documents filed subsequent to the original complaint on all parties and attorneys.

CRITICAL

In every case, counsel must supply enough copies of each document to be served on all parties and counsel of record.

In all cases, counsel shall supply sufficient copies of all documents to be served on all parties and counsel of record.

CRITICAL

Service

Publication

In the specified divorce, annulment, or legal-separation actions, service must be made by posting and mail at the stated locations for six consecutive weeks, with the Clerk docketing the posting details; service is complete upon entry of posting.

In a divorce, annulment or legal separation action, if the plaintiff is proceeding in forma pauperis, and if the residence of the defendant is unknown, service by publication shall be made by posting and mail as required by Civ.R. 4.4(A)(2). Counsel for a party desiring this service shall submit to the Clerk of Court the proposed legal notice for such publication. The Clerk shall promptly post the notice in a conspicuous place in the Courthouse of Mercer County, Ohio, in the public area of the office of the Sheriff of Mercer County, Ohio, and in the public area of the Celina Police Department. This notice shall be posted in the required locations for six (6) consecutive weeks. Upon the completion of the six (6) weeks, the Clerk shall note on the docket where and when notice was posted. Service shall be complete upon the entry of posting.

CRITICAL

The defaulting party must receive at least seven days’ hearing notice, and the motion must bear a certificate of service for the motion and notice.

provide at least seven (7) days notice of such hearing to the defaulting party. A certificate of service of the motion, and notice upon the defaulting party, shall be endorsed thereon by the moving party.

CRITICAL

Initiating documents and documents adding a party are not served electronically; summons and service must be completed as required by the applicable rule or statute, not electronically.

Initial complaints, re-filed complaints, third part complaints, other documents initiating a case or adding a new party are filed but not served electronically. Summons and service cannot be issued or completed electronically and must be accomplished as required by the applicable rule or statute.

CRITICAL

A copy of a continuance motion must be served on opposing counsel, or on the unrepresented opposing party, before submission to the Judge or Magistrate with the appropriate entry.

A copy of the motion must be served upon opposing counsel, or the opposing party if not represented, prior to its submission with the appropriate entry to the Judge or Magistrate before whom the case will be heard.

CRITICAL

Service

Publication

The Clerk must promptly publish the notice in a newspaper of general circulation in Mercer County.

The Clerk shall promptly publish the notice in a newspaper of general circulation in Mercer County.

CRITICAL

Opposing counsel must serve proposed findings and conclusions after receiving the other party's proposed statement.

Within seven (7) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing counsel shall submit and serve proposed findings of fact and conclusions of law.

CRITICAL

A party seeking ex parte custody or visitation orders must make every good faith effort to notify opposing counsel and unrepresented adverse parties of the application.

The party requesting such orders shall make every good faith effort to provide opposing counsel and unrepresented adverse parties with notice of the application to the court for relief.

CRITICAL

In every case, counsel must supply enough copies of documents to be served on the parties, counsel of record, and, when appropriate, the child support agency, and forward a copy to the Court.

In all cases, counsel shall supply sufficient copies of all documents to be served on parties, counsel of record, and, if appropriate, the Mercer County Child Support Enforcement Agency, and forward a copy to the Court.

CRITICAL

A party electronically filing a document must provide proof of service on every party entitled to service and state the manner of service for each.

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.

CRITICAL

All other parties and counsel of record must receive at least seven days’ notice of a confirmation-of-sale hearing, and proof of service of the motion and notice must be endorsed on the motion.

notice of which shall be included with the motion and provide at least seven (7) days notice of such hearing. A certificate of service of the motion and notice upon all other parties and counsel of record shall be endorsed thereon by the moving party.

CRITICAL

The requesting party must serve the proposed findings and conclusions with the request.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provisions of Civ.R. 52 and Civ.R. 53, the party requesting such statement shall submit and serve with said request proposed findings of fact and conclusions of law.

CRITICAL

Service is to be ordered through the Mercer County Sheriff's Office or another law enforcement agency; the Court may authorize a special process server upon request or after unsuccessful Sheriff's Office service, under Mercer Co. Loc.R. 2.07.

Service shall be ordered through the Mercer County Sheriff's Office or any other law enforcement agency. The Court may authorize the petitioner to attempt service upon the respondent by a special process server upon petitioner's request or when service by the Sheriff's Office is unsuccessful all in accordance with Mercer Co. Loc.R. 2.07.

CRITICAL

The withdrawal motion must include a certificate of service identifying service to opposing counsel, any self-represented opposing party, and the withdrawing attorney’s client.

1. Submit a motion with reasons thereon and proposed entry to the Judge or Magistrate containing a certificate of service to opposing counsel, if any; the opposing party, if pro se; and the withdrawing attorney's client.

CRITICAL

Applies to

Affidavit of income and expenses

In cases involving child custody and a request for child or spousal support, the respondent must serve the Affidavit of Income and Expenses on the petitioner no later than seven days before the full hearing.

No later than seven (7) days prior to the full hearing, the respondent shall submit to the Court and serve upon petitioner an Affidavit of Income and Expenses [Affidavit 1] in cases involving custody of a child and a request for child and/or spousal support.

CRITICAL

Service

Mail to all parties

The specified certificate states that a copy of the entry is issued by regular U.S. mail to counsel of record or, if there is no counsel of record, to the parties.

In order to facilitate the prompt and timely issuance and service of entries upon counsel, when counsel prepares an entry to be issued by the Court, counsel shall include the following Certificate of Service on the last page of the entry to be signed by the Court or the Clerk: This is to certify that a copy of the (state the title of the document being served) has been issued by regular U.S. mail to (list the name of counsel of record or the parties, if no counsel of record), at their respective addresses on _____________________, 20____. _________________________________

WARNING

If the objections do not state that a transcript was ordered, or a transcript request is not filed and served on the Court Reporter with the appropriate deposit, the Court may treat the objection as if no transcript had been ordered.

Failure to so state or file and serve upon the Court Reporter a request for a transcript with appropriate deposit may cause the Court to rule on the objection as if no transcript had been ordered.

WARNING

Applies to

File stamped temporary orders

Copies of file-stamped temporary orders will be forwarded to attorneys of record and unrepresented parties.

Copies of the file-stamped temporary orders will be forwarded to any attorneys of record and unrepresented parties.