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

The receiver must serve notice of the final account hearing on anyone who may have an interest in the receivership estate.

The receiver must serve notice of the hearing on any person who may have an interest in the receivership estate.

Applies to

Documents filed subsequent to original complaint or indictment

The filing party must serve all documents filed after the original complaint or indictment, except filings requiring summons service, and must include a certificate of service.

It is the responsibility of the filing party to serve all documents filed subsequent to the original complaint or Indictment, except for those filings that require service of summons. The party must include a certificate of service in accordance with the applicable Rule of Civil Procedure or Rule of Criminal Procedure.

Service

Electronic service to all parties

Electronic filing automatically serves a Notification of Electronic Filing on registered case participants, and that notification constitutes service under the applicable procedural rules.

Once a document is e-Filed, a Notification of Electronic Filing will be automatically served on all parties who are registered case participants in the e-File System. The Notification of Electronic Filing shall constitute service under Civ.R. 5 and Crim.R. 49.

Applies to

Discovery documents

All filed Discovery Documents must be served in accordance with Rule 4.02 and Civ.R. 5.

All Discovery Documents filed shall be served in accordance with Rule 4.02 and Civ.R. 5.

Applies to

Judge access only documents

The filer must notify pro se parties who are not registered with the court’s e-File system when “Judge Access Only” documents are filed.

The filer shall notify pro se parties not registered with the court’s e-File system that documents with “Judge Access Only” were filed.

Required

Always

Pleadings and other documents that must be served must comply with Ohio Civil Rules 4 through 5.

All pleadings and other documents required to be served under the Ohio Rules of Civil Procedure shall be served in accordance with Civ.R. 4 through Civ.R. 5.

The Clerk ordinarily serves summons by commercial carrier.

The default method of service by the Clerk is by commercial carrier.

If written materials will be read into evidence, the proponent must provide copies to the court and opposing counsel at the final pretrial conference.

If written materials are to be read into evidence, copies of such materials shall be provided by the proponent to the court and opposing counsel at the final pretrial conference.

Applies to

Instructions for service

If another service method permitted by the Ohio Civil Rules is requested, the Instructions for Service must identify that method.

If service is to be made by any method of service permitted by the Ohio Rules of Civil Procedure other than commercial carrier, the Instructions for Service must so specify.

Applies to

Indictment

Criminal indictments must be served on defendants in accordance with the Ohio Rules of Criminal Procedure.

Indictments in criminal cases shall be submitted for e-Filing in compliance with these Rules and shall be served on defendants according to the Ohio Rules of Criminal Procedure.

Applies to

Filings subsequent to indictment or original complaint

The filer must serve paper copies of post-complaint or post-indictment filings on pro se parties not registered in the court's e-File System.

The filer shall serve a paper copy of any filing subsequent to the Indictment or original complaint on pro se parties who are not registered users of the court’s e-File System, in accordance with Civ.R. 5 and Crim.R. 49.

Service

Electronic service to all parties

The court e-File System generates a Notification of Electronic Filing for judicial filings, and the notification constitutes service on registered users.

The court’s e-File System shall generate a Notification of Electronic Filing for all such judicial filings, which shall constitute service under Civ.R. 5 and Crim.R. 49, to parties who are registered users of the court’s e-File System.

When the court signs an entry or order submitted by a filer, the filer must serve it on pro se parties not registered in the e-File System.

If the court signs an entry or order submitted by a filer for signature, the filer, not the court or Clerk, shall serve the signed entry or order on pro se parties who are not registered users of the court’s e-File System in accordance with Civ.R. 5 and Crim.R. 49.

Applies to

Documents filed subsequent to indictment or original complaint

Proof of service is required for all servable documents filed after the indictment or original complaint and must comply with the applicable civil or criminal procedure rule.

Proof of service of all documents filed subsequent to the Indictment or original complaint that are required to be served shall be made in compliance with Civ.R. 5 and Crim.R. 49.

Service

Electronic service

For registered pro se parties and counsel of record, electronic service is complete when the court generates the Notification of Electronic Filing.

For pro se parties who are registered users of the court’s e-File System and counsel of record, service of all documents filed subsequent to the Indictment or original complaint shall be deemed complete at the time the Notification of Electronic Filing is generated by the court’s e-File System.

Service

Electronic service

Documents served electronically after 5:00 p.m. local time are deemed served the next day.

However, documents served in this manner after 5:00 p.m. local time shall be deemed served on the next day.

Response deadlines and other applicable rights, duties, or acts are governed by the applicable civil or criminal procedural rules.

The time to respond to the served documents or perform any right, duty, or act shall be strictly governed by the applicable Rules of Civil Procedure or Rules of Criminal Procedure.

Service

Publication

When a party’s request for service by publication is granted, notice must be served by publication under Civ.R. 4.4 unless otherwise provided by law; publication may be made in the Daily Law Journal, the court-designated journal.

If a party requests service by publication, and such request is granted by the court, service of notice shall be made by publication in accordance with Civ.R. 4.4, unless otherwise provided by law. Publication may be made in the Daily Law Journal published by Cox Media Group, which has been designated as the journal of the court as authorized by R.C. 2701.09.

Applies to

Default judgment entry

The filing party, rather than the Clerk, must serve a copy of the signed proposed default judgment entry in accordance with Civil Rule 5.

When a proposed default judgment entry is submitted to the Assigned Judge for signature pursuant to Rule 6.03(B)(1), the filing party, not the Clerk, is responsible for serving a copy of the signed default judgment entry in accordance with Civ.R. 5.

Applies to

Judgment by confession entry

The filing party, not the Clerk, must serve a copy of a signed judgment-by-confession entry in accordance with Civil Rule 5.

When a proposed judgment entry is submitted to the Assigned Judge for signature via the court’s e-Filing system, the filing party, not the Clerk, shall be responsible for serving a copy of the signed judgment entry in accordance with Civ.R. 5.

Applies to

Summons

The summons for a motion to revive a dormant judgment must be served in accordance with Civil Rule 4.

Summons of a motion to revive a dormant judgment shall be served in accordance with Civ.R. 4.

Applies to

Cancellation of sale

When a Sheriff-conducted sale is canceled, the requesting party must serve the file-stamped cancellation entry or bankruptcy petition on the Sheriff before the sale.

If the sale was to be conducted by the Sheriff, the party requesting the cancellation shall serve a copy of the file-stamped entry or bankruptcy petition on the Sheriff prior to the sale.

When a motion to appoint a receiver is filed, the moving party must serve hearing notice on interested parties by attachment to the complaint and original summons or by certified mail, unless notice would cause irreparable harm to the plaintiff.

The moving party shall serve notice of the hearing on interested parties either by attachment to the complaint and original summons, or by certified mail in accordance with the Ohio Rules of Civil Procedure, unless the court finds that the time taken to give notice will result in irreparable harm to the plaintiff.

For a receiver-appointment hearing involving a real-estate sale, the moving party must serve hearing notice on the property owner no later than three days before the hearing.

If the hearing on the motion to appoint a receiver involves an action for the sale of real estate, the moving party shall serve notice of the hearing on the property owner no later than three days before the hearing.

A receiver must notify all known creditors by mail or publication, as directed by the court, of the deadline for filing claims and the consequence of missing that deadline.

Give notice by mail or by publication, as directed by the court, to all known creditors that the creditors must file any claims within a certain time and that, unless a creditor files its claims by the specified time, the creditor will not be permitted to file any claim without an order of the court;

A sale to a former owner or a person interested in the receivership's business or operation may not occur until all creditors receive notice fixing the sale-confirmation date.

No sale shall be made to a former owner or any person interested in the business or operation of the receivership until notice is served on all creditors fixing a date for confirmation of the sale.

Notice of a necessary receivership property sale must be given to all creditors with filed claims and all interested parties.

When it becomes necessary to sell property, notice of such sale shall be given to all creditors who have filed claims and to all interested parties.

Service

Mail

After a hearing is set on a receiver's request for fees exceeding 15 percent, the receiver must mail notice of the hearing and the nature of the request to all known creditors or shareholders.

(ii) After a hearing is set on a receiver’s motion for fees in excess of 15 percent, the receiver shall mail to all known creditors or shareholders a notice of a hearing on the motion for extraordinary services and the nature of the request.

Applies to

Discovery packet

Upon the defendant’s demand, the prosecuting attorney must timely deliver a Discovery Packet to the defendant.

Upon demand by the defendant, the prosecuting attorney shall timely deliver an information packet (“Discovery Packet”) to the defendant.

Applies to

Discovery packet

Delivery and receipt of a Discovery Packet triggers the defendant’s reciprocal discovery obligations under Crim.R. 16.

The delivery and receipt of a Discovery Packet triggers the defendant’s reciprocal discovery requirements set forth in Crim.R. 16.

Applies to

Motion

Proof of service is required for a motion unless the motion may be heard ex parte.

Unless the motion may be heard ex parte, proof of service in accordance with Civ.R. 5 and Rule 4.02(D).

All pleadings and other documents requiring service under the Ohio Rules of Civil Procedure must be served in compliance with Civil Rules 4 through 5.

All pleadings and other documents required to be served under the Ohio Rules of Civil Procedure shall be served in accordance with Civ.R. 4 through Civ.R. 5.

The Clerk defaults to service by commercial carrier, and the Instructions for Service must identify any other Civil Procedure service method requested.

The default method of service by the Clerk is by commercial carrier. If service is to be made by any method of service permitted by the Ohio Rules of Civil Procedure other than commercial carrier, the Instructions for Service must so specify.

Applies to

Indictment

Defendants must be served with criminal-case indictments in accordance with the Ohio Rules of Criminal Procedure.

Indictments in criminal cases shall be submitted for e-Filing in compliance with these Rules and shall be served on defendants according to the Ohio Rules of Criminal Procedure.

The filing party must serve documents filed after the original complaint or indictment, other than summons-requiring filings, and include the applicable certificate of service.

It is the responsibility of the filing party to serve all documents filed subsequent to the original complaint or Indictment, except for those filings that require service of summons. The party must include a certificate of service in accordance with the applicable Rule of Civil Procedure or Rule of Criminal Procedure.

Service

Electronic service to all parties

Automatic electronic service is provided to registered participants when a document is e-filed, and the electronic-filing notification constitutes service under the applicable Civil and Criminal Rules.

Once a document is e-Filed, a Notification of Electronic Filing will be automatically served on all parties who are registered case participants in the e-File System. The Notification of Electronic Filing shall constitute service under Civ.R. 5 and Crim.R. 49.

The filer must serve a paper copy of subsequent filings on pro se parties who are not registered users of the court's e-File System.

The filer shall serve a paper copy of any filing subsequent to the Indictment or original complaint on pro se parties who are not registered users of the court’s e-File System, in accordance with Civ.R. 5 and Crim.R. 49.

Service

Electronic service to all parties

The court’s electronic filing notification constitutes service on parties registered to use the court’s e-File System.

The court’s e-File System shall generate a Notification of Electronic Filing for all such judicial filings, which shall constitute service under Civ.R. 5 and Crim.R. 49, to parties who are registered users of the court’s e-File System.

When the court signs an entry or order, the submitting filer must serve it on unregistered pro se parties in accordance with the applicable procedural rules.

If the court signs an entry or order submitted by a filer for signature, the filer, not the court or Clerk, shall serve the signed entry or order on pro se parties who are not registered users of the court’s e-File System in accordance with Civ.R. 5 and Crim.R. 49.

A proof of service complying with the applicable civil or criminal procedural rules must accompany documents filed after the indictment or original complaint that require service.

Proof of service of all documents filed subsequent to the Indictment or original complaint that are required to be served shall be made in compliance with Civ.R. 5 and Crim.R. 49.

Service

Electronic service to all parties

Electronic service is complete when the court generates the notification, but electronic documents served after 5:00 p.m. local time are deemed served the next day.

For pro se parties who are registered users of the court’s e-File System and counsel of record, service of all documents filed subsequent to the Indictment or original complaint shall be deemed complete at the time the Notification of Electronic Filing is generated by the court’s e-File System. However, documents served in this manner after 5:00 p.m. local time shall be deemed served on the next day.

Deadline

3 calendar days

Service

Mail

Unregistered pro se parties served by regular U.S. mail or a commercial carrier receive a three-day response extension, while parties and counsel served electronically do not receive that extension.

In accordance with Civ.R. 6, pro se parties who are not registered users of the court’s e-File System and who are served by regular U.S. mail or commercial carrier shall receive a three-day extension of time to respond or perform any right, duty, or act. Parties and counsel of record served via the Notification of Electronic Filing are not entitled to the three-day extension.

A filing party notified that service failed must reissue service within 14 days after the notice is filed.

If service fails on any defendant or party, the filing party shall be notified to reissue service within 14 days of the filing of such notification.

Applies to

Waiver of service

A plaintiff must file a returned waiver of service by the time provided by Civ.R. 4.7 or, after notice, must file the waiver or issue service within 14 days.

If a plaintiff has requested that a defendant waive service of summons, the plaintiff shall file the waiver of service that was signed and returned by the defendant. If the plaintiff fails to file the defendant’s waiver of service within the time provided by Civ.R. 4.7, the court shall notify the plaintiff to either file the waiver of service or to issue service on the defendant within 14 days of the filing of such notification.

Applies to

Motion

A motion that may not be heard ex parte must include proof of service under Civ.R. 5 and Rule 4.02(D).

Unless the motion may be heard ex parte, proof of service in accordance with Civ.R. 5 and Rule 4.02(D).

Applies to

Discovery document

All discovery documents that are filed must be served in accordance with Rule 4.02 and Civil Rule 5.

(2) Service. All Discovery Documents filed shall be served in accordance with Rule 4.02 and Civ.R. 5.

Applies to

Written materials

A proponent must provide copies of written materials intended for introduction into evidence to the court and opposing counsel at the final pretrial conference.

If written materials are to be read into evidence, copies of such materials shall be provided by the proponent to the court and opposing counsel at the final pretrial conference.

Applies to

Default judgment entry

The filing party, rather than the Clerk, must serve a copy of the signed proposed default judgment entry in accordance with Civil Rule 5.

When a proposed default judgment entry is submitted to the Assigned Judge for signature pursuant to Rule 6.03(B)(1), the filing party, not the Clerk, is responsible for serving a copy of the signed default judgment entry in accordance with Civ.R. 5.

Applies to

Judgment entry

The filing party, rather than the Clerk, must serve a copy of the signed judgment entry in accordance with Civil Rule 5 when the entry is submitted through the court’s e-Filing system.

When a proposed judgment entry is submitted to the Assigned Judge for signature via the court’s e-Filing system, the filing party, not the Clerk, shall be responsible for serving a copy of the signed judgment entry in accordance with Civ.R. 5.

Applies to

Summons

The summons for a motion to revive a dormant judgment must be served under Civil Rule 4.

Summons of a motion to revive a dormant judgment shall be served in accordance with Civ.R. 4.

Applies to

Cancellation filing

When the Sheriff is conducting the sale, the requesting party must serve the file-stamped cancellation entry or bankruptcy petition on the Sheriff before the sale.

If the sale was to be conducted by the Sheriff, the party requesting the cancellation shall serve a copy of the file-stamped entry or bankruptcy petition on the Sheriff prior to the sale.

The moving party must serve hearing notice on interested parties by attachment to the complaint and original summons or by certified mail, unless notice would cause irreparable harm to the plaintiff.

The moving party shall serve notice of the hearing on interested parties either by attachment to the complaint and original summons, or by certified mail in accordance with the Ohio Rules of Civil Procedure, unless the court finds that the time taken to give notice will result in irreparable harm to the plaintiff.

For a receiver hearing involving a real-estate sale, the moving party must serve hearing notice on the property owner no later than three days before the hearing.

If the hearing on the motion to appoint a receiver involves an action for the sale of real estate, the moving party shall serve notice of the hearing on the property owner no later than three days before the hearing.

A receiver appointed under R.C. 2735.01(A)(6) must notify all known creditors by mail or publication, as directed by the court, of the claims deadline and the consequence of missing it.

Give notice by mail or by publication, as directed by the court, to all known creditors that the creditors must file any claims within a certain time and that, unless a creditor files its claims by the specified time, the creditor will not be permitted to file any claim without an order of the court;

A receiver appointed under R.C. 2735.01(A)(6) must provide written notification to all public authorities that may have claims against the receivership within 30 days.

Provide written notification to all public authorities that may have claims against the receivership;

Notice of a receivership property sale must be provided to all creditors who filed claims and all interested parties.

(1) Notice. When it becomes necessary to sell property, notice of such sale shall be given to all creditors who have filed claims and to all interested parties. The notice must include the time, place and terms of the sale.

Before a receivership property sale to a former owner or an interested person, notice fixing a sale-confirmation date must be served on all creditors.

(2) Property Sale. No sale shall be made to a former owner or any person interested in the business or operation of the receivership until notice is served on all creditors fixing a date for confirmation of the sale. Sales of property shall be for the best price obtainable. A receiver must file an affidavit to this effect within 10 days after the sale.

The receiver must serve notice of the final hearing on every person who may have an interest in the receivership estate.

The receiver must serve notice of the hearing on any person who may have an interest in the receivership estate.

Applies to

Discovery packet

Upon the defendant’s demand, the prosecuting attorney must timely deliver a Discovery Packet, obtain an executed receipt for filing, and include copies or photographs of the listed Crim.R. 16(B) items subject to the stated exceptions.

Upon demand by the defendant, the prosecuting attorney shall timely deliver an information packet (“Discovery Packet”) to the defendant. A receipt for the Discovery Packet shall be executed by the prosecuting attorney and the defendant, and shall be filed of record. The Discovery Packet shall contain copies or photographs of the items listed in Crim.R. 16(B), except as provided in divisions (C), (D), (E), (F), or (J) of that rule.

A civil process server must follow the applicable civil service rules, local rules, and court-ordered service instructions.

I agree to follow the requirements of Civ.R. 4 through Civ.R. 4.6, any applicable local rule, and specific instructions for service of process as ordered by the court in individual cases.

A civil process server's authority to serve process ends if the server fails to satisfy Civ.R. 4.1(D) during the appointment period.

If I fail to satisfy the requirements set forth in Civ.R. 4.1(D) during my period of appointment, my authority to serve process shall cease.

Applies to

Jury summons

Service

Mail

Jury summonses must be sent by ordinary mail no later than three weeks before the summoned person’s appearance.

The summons shall be sent by ordinary mail not more than three weeks prior to appearance.

Applies to

Summons

If service fails, the filing party must reissue service within 14 days after receiving the court’s notification.

If service fails on any defendant or party, the filing party shall be notified to reissue service within 14 days of the filing of such notification.

Applies to

Waiver of service

If a plaintiff does not timely file the defendant’s waiver of service, the plaintiff must either file the waiver or issue service within 14 days after receiving the court’s notification.

If the plaintiff fails to file the defendant’s waiver of service within the time provided by Civ.R. 4.7, the court shall notify the plaintiff to either file the waiver of service or to issue service on the defendant within 14 days of the filing of such notification.

A party may request and obtain waiver of service of process in accordance with Civil Rule 4.7.

Waiver of service of process may be requested and effected in accordance with Civ.R. 4.7.

A receiver must provide written notification to public authorities that may have claims against the receivership.

Provide written notification to all public authorities that may have claims against the receivership;

Applies to

Mediation conference statement

If ordered by the mediator, a party must submit the mediation conference statement to the other mediation parties.

If ordered by the mediator, a party shall submit its mediator conference statement to the other parties to the mediation.

The prosecuting attorney and defendant have a continuing duty to supplement discovery under Crim.R. 16.

As set forth in Crim.R. 16, the prosecuting attorney and defendant have a continuing duty to supplement discovery.

Waiver of service of process may be requested and completed under Civil Rule 4.7.

Waiver of service of process may be requested and effected in accordance with Civ.R. 4.7.

Service

Publication

When the court grants a request for publication, notice may be published under Civ.R. 4.4 in the Daily Law Journal unless another legal provision applies.

If a party requests service by publication, and such request is granted by the court, service of notice shall be made by publication in accordance with Civ.R. 4.4, unless otherwise provided by law. Publication may be made in the Daily Law Journal published by Cox Media Group, which has been designated as the journal of the court as authorized by R.C. 2701.09.

When ordered by the mediator, a party must submit its mediation conference statement to the other mediation participants.

If ordered by the mediator, a party shall submit its mediator conference statement to the other parties to the mediation.

Service

Electronic service

The court's Court Technology Plan includes a strategy for implementing and maintaining technology solutions for remote hearings, electronic service, and electronic signatures.

In accordance with Sup.R. 5(E), the court has adopted and maintains a Court Technology Plan which includes a comprehensive strategy for implementing and maintaining technology solutions for conducting remote hearings, electronic service, the acceptance of electronic signatures, and any other technology-related solution utilized by the court.

Service

Personal service

A person seeking designation as a Civil Process Server may file the prescribed combined affidavit and order, which must state the listed personal, eligibility, knowledge, professionalism, and compliance information.

A person may be designated as a “Civil Process Server” for cases filed in the court by filing a combined affidavit and order in the form set forth in Appendix B to these Rules. The affidavit and order shall set forth the following information: