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

CRITICAL

Applies to

Summons and complaint

Service

Court service to agency

Unless another method is specifically requested, the Clerk may serve summons and complaint on the named county officials by delivering them to their offices.

Unless specifically otherwise requested, service of summons and complaint upon the Monroe County Treasurer, the Monroe County Auditor or the Monroe County Recorder may be made by the Clerk of Courts delivering said summons and complaint directly to the office of such official.

CRITICAL

Applies to

Memorandum

Each required motion memorandum must include at its front or back a statement, proof, or indication that the motion and memorandum were served on opposing counsel or unrepresented opposing parties.

There shall be included at the front or back of each memorandum, which, by the terms of this rule is required to accompany each motion, a statement, proof or indication of service of such motion and memorandum upon opposing counsel or opposing parties if not represented by counsel.

CRITICAL

Service

Publication to court

A publication request must not be submitted for publication without an approved court order.

Publication requests without an approved Order of the Court shall not be submitted for Publication.

CRITICAL

Applies to

Amended pleading

All parties must be served with the amended pleading reflecting a post-filing transfer of interest.

In pending cases, if interest in the matter is transferred to a new party after the complaint is filed, the complaint shall be amended to reflect the transfer, and all parties shall be served with the amended pleading.

CRITICAL

A Guardian ad Litem must provide a copy of the filed itemized statement and accounting to each party or other entity responsible for payment.

A Guardian ad Litem shall keep accurate records of the time spent, services rendered, and expenses incurred in each case and file an itemized statement and accounting with the Court and provide a copy to each party or other entity responsible for payment.

CRITICAL

Counsel must submit the journal entry to counsel for the adverse party or parties.

Notwithstanding cases where the Court prepares its own entries, counsel for the party in whose favor an order or judgment is rendered shall, within ten (10) days thereafter, unless further time is given by the Court, prepare the proper journal entry and submit the same to counsel for the adverse party or parties.

CRITICAL

Service

Publication to court

The Clerk must also post the notice in a conspicuous place in the Woodsfield courthouse.

In addition to the two public places herein designated, the Clerk of Courts shall post notice in a conspicuous place in the court-house in Woodsfield.

CRITICAL

Applies to

Pleadings and other papers

Pleadings and other papers filed after the original complaint must be served on each party or the party’s attorney by hand delivery or regular mail.

Under Civ.R.5, service of filing of  pleadings and other papers subsequent to the original complaint, shall be served upon each of the parties or the attorney by hand delivering a copy to the person to be served or by regular mail.

CRITICAL

Service and return of writs, process, and summons must follow the Rules of Civil Procedure, except for jury-duty summons or where law expressly provides otherwise.

Service and return of all writs, process and summons, except summons for jury duty, or as otherwise expressly provided by law, shall be made in accordance with the Rules of Civil Procedure.

CRITICAL

Applies to

Summons and complaint

Service

Court service to agency

Service is complete when the Clerk files a notice of service with a receipt signed by the official or an authorized agent.

Service shall be deemed complete upon the Clerk filing a notice of such service with receipt signed by the Treasurer, Auditor or Recorder or duly authorized agent thereof.

CRITICAL

When filing a complaint or petition, the filer must give the Clerk a true copy for each defendant, and the Clerk delivers the copies under the Rules of Civil Procedure.

(A) Upon the filing of a complaint or petition, the person filing shall furnish the Clerk a true copy thereof for each party-defendant, and the Clerk shall deliver such copy or copies in accordance with the Rules of Civil Procedure.

CRITICAL

Service

Publication to opposing party

Publication is permitted only after all certified-mail or regular-mail attempts have been exhausted.

It is only after that all Certified or Regular Mail attempts have been exhausted will this Court permit Publication.

CRITICAL

Service

Publication to court

When publication is timely, plaintiff’s counsel must submit the proper publication requests along with an order for the judge to certify.

When the Publication time is ripe, counsel for Plaintiff shall submit all proper requests for Publication, along with an Order in which the Judge shall certify.

CRITICAL

Service

Publication to opposing party

If certified mail is returned as “Unknown Address” or for a similar reason, the Court permits service on that defendant by publication.

If in the event the Certified Mail is returned for an "Unknown Address" or a stated reason similar in nature, the Court will then permit service via Publication to be completed on that individual Defendant.

CRITICAL

Service

Mail to opposing party

In civil matters with multiple defendants requiring service, each party with a known address must be served by certified mail.

In Civil matters containing multiple Defendants who require service, the Court requires all parties with a known address to be served via Certified Mail.

CRITICAL

Service

Court service to all parties

If the Clerk cannot certify that the filing party properly submitted a filing to all relevant parties, the Clerk must forward a copy to all relevant parties.

In any event in which the Clerk of Courts cannot certify that a copy of any filing was properly submitted to all relevant parties in a case by the filing party, the Clerk shall forward a copy of the filing to ALL relevant parties.

CRITICAL

A filer must promptly serve each subsequent filing on opposing counsel and unrepresented parties by an effective method and include proof stating the time and manner of service.

(B) A true copy of each subsequent pleading, motion, brief, memorandum or other papers filed in any case shall be served forthwith by the parties or counsel for the parties, filing the same upon opposing counsel and each party not represented by counsel. Such service upon opposing counsel or a party not having counsel may be made in any manner reasonably calculated to be effective. Proof of service, including the time, and manner thereof, shall accompany all papers filed either by endorsement thereon or separate papers or affidavits.

CRITICAL

Service

Publication to court

For publication notices under Civil Rule 4.4, the designated public places are the post offices at Beallsville and Sardis, Ohio.

In accordance with Civ. R. 4.4, the Court hereby designates the United States Post Offices at Beallsville and Sardis, Ohio as the two public places in the county for the posting of notices pursuant to the rule.

CRITICAL

Service

Mail to opposing party

If certified mail is returned as “Unclaimed” or for a similar reason, service on that defendant must first be attempted by regular U.S. mail before publication.

If in the event the Certified Mail is returned as "Unclaimed" or a stated reason similar in nature, the Court will require service upon that individual Defendant to be attempted via Regular U.S. Mail prior to service by Publication.

WARNING

Service

Court service to all parties

If the Clerk cannot certify that the filer submitted a filing to all relevant parties, the Clerk must forward it to all relevant parties, and postage may be assessed as court costs.

In any event in which the Clerk of Courts cannot certify that a copy of any filing was properly submitted to all relevant parties in a case by the filing party, the Clerk shall forward a copy of the filing to ALL relevant parties. Cost of postage may be assessed as Court costs.