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

CRITICAL

If waivers and consents are not filed from all interested parties, a hearing and service of notice upon them are required.

Waivers and consents to the proposed distribution must be filed from all interested parties, or a hearing and service of notice upon them will be required.

CRITICAL

Applies to

Notice of hearing on inventory

In every estate, the Notice of Hearing on Inventory must be served on all intestate heirs and/or vested beneficiaries of the decedent.

In every estate, a Notice of Hearing on Inventory shall be served on all of the decedent's intestate heirs and/or vested beneficiaries

CRITICAL

Service

Court service

For Court-made service not covered by the stated exceptions, service goes to an attorney’s court mailbox if the attorney previously authorized that method in writing, and to others by ordinary U.S. Mail to the last address in the case file.

When service is required to be made by the Court for pleadings other than (a) those for which service has been requested by properly filed instructions for service, or (b) those for which a specific method of service is designated within the filing or is designated by statute, then service shall be through delivery to the court mailbox of an attorney who in writing has previously authorized such method of alternate delivery and upon all other individuals or entities by ordinary U.S. Mail sent to the last address reflected in the case file for the individual or

CRITICAL

Applies to

Name change application

Service

Publication

Name-change publication must occur once at least 30 days before the hearing, and the Court prepares the notice and arranges publication.

Publication for a name change must be made one time at least 30 days before the hearing on the application (R.C. 2717.01). The Court prepares the publication notice and arranges publication.

CRITICAL

Service

Mail

Attach proof of service, using original signed return receipt cards for certified mail and photocopies of Certificates of Mailing for ordinary mail.

For those persons served, proof of service is attached. Pursuant to Loe. R. 78.1, for certified mail service, originals of the signed U.S. Postal Service Domestic Return Receipt cards are attached. For ordinary mail service, photocopies of U.S. Postal Service Certificates of Mailing are attached.

CRITICAL

Applies to

Large attachments or exhibits over 30 megabytes

Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.

Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.

CRITICAL

If the requested attorney fee exceeds the Local F. 71.1 guidelines, a hearing will be held and notice must be served on all heirs and, for an insolvent estate, creditors.

If the attorney fee being requested is greater than the guidelines set forth in Local F. 71.1 a hearing will be conducted and all heirs (and creditors in the case of an insolvent estate) are to be served notice of the hearing.

CRITICAL

Service

Publication

The fiduciary must arrange publication for a public real-property sale and advertise it for at least three successive weeks before the scheduled sale.

Publication for a public sale in a real property sale proceeding is arranged by the fiduciary and must be advertised at least three (3) successive weeks prior to the scheduled sale (R.C.2727.32).

CRITICAL

The fiduciary must serve a copy of every account and hearing notice on the specified heirs, beneficiaries, or next of kin, depending on the proceeding.

Pursuant to R.C. 2109.33, a copy of every account and notice of hearing shall be served by the fiduciary upon (1) In estates, every heir for intestate estates and all beneficiaries for testate estates; (2) In guardianships, all known next of kin of the ward; and (3) for a Testamentary Trust, all known beneficiaries in the trust.

CRITICAL

An early-payment application must be set for hearing, with notice to estate beneficiaries and, if insolvency is expected, creditors; the Court may waive the hearing if all beneficiaries and creditors file consents with the application.

An early payment application shall be set for hearing. Notice of the hearing must be given by the applicant to the estate beneficiaries, and to the creditors in the event of expected insolvency. The Court may waive said hearing if consents are filed with said application from all beneficiaries and creditors.

CRITICAL

The Sheriff must notify selected jurors, and decides the method of notification under methods defined by Ohio law; the service term may not exceed 90 days.

The Sheriff of Morgan County, Ohio, shall notify each juror of his or her selection for a term of service not to exceed ninety (90) days. Ohio law defines the methods used to notify the jurors chosen from the source list that they have been selected. The Sheriff decides the method of service or notification.

CRITICAL

Pursuant to Rule 4.2(A)(2) of the Ohio Rules of Civil Procedure, this court orders that the following locations be designated for posting in accordance with said rule: 1. Morgan County Courthouse 2. Morgan County Sheriffs Office 3. Morgan County Riecker Building These locations shall be used as posting for all divisions of this court in accordance with the aforementioned Civil Rule.

Pursuant to Rule 4.2(A)(2) of the Ohio Rules of Civil Procedure, this court orders that the following locations be designated for posting in accordance with said rule: 1. Morgan County Courthouse 2. Morgan County Sheriffs Office 3. Morgan County Riecker Building These locations shall be used as posting for all divisions of this court in accordance with the aforementioned Civil Rule.

CRITICAL

Service

Personal service

The requesting party must arrange for the special process server to pick up the service documents and pay the server’s fees and mileage.

The requesting party is responsible for arranging for the process server to pick up the documents for service and for payment of the fees and mileage of the special process server.

CRITICAL

In connection with withdrawal, notice must be given to the client about known filing deadlines in the next 90 days and to involved attorneys, unrepresented parties, interested persons, and bonding agencies.

The Court shall not issue an entry approving the withdrawal until the attorney has recited in the Motion or filed a certification that all of the following conditions have been met: (1) Notice has been given to the client advising the client of all known filing deadlines occurring within the next 90 days affecting the client’s case; (2) Notice has been given to all involved attorney’s, unrepresented parties, and interested persons; and (3) Notice has been given to any bonding agencies involved.

CRITICAL

A corporate fiduciary exempt from bond must use its published fee schedule and notify vested trust beneficiaries affected by fee payments of changes to that schedule.

Compensation for a corporate fiduciary exempt from bond pursuant to R.C. 1111.21 shall be compensated in accordance with its published fee schedule. The trustee shall notify vested trust beneficiaries affected by the payment of fees of any changes in its corporate fee schedule.

CRITICAL

Except for termination when a minor reaches majority or the ward dies, the termination applicant must give notice to the persons specified by statute and anyone who received actual notice of the guardian's original appointment, and must perfect service under Civ.R. 73.

Except for the termination of a guardianship of a minor attaining the age of majority or upon the death of the Ward, a termination of a guardianship shall require notice to all persons designated in R.C. 2111.04 and to any other individuals who received actual notice of the original appointment of the guardian. It is the responsibility of the applicant for termination to perfect service pursuant to Civ.R. 73 when a termination is requested.

CRITICAL

Service

Mail

For Court-made service not covered by properly filed service instructions or a method specified in the filing or by statute, other individuals and entities are served by ordinary U.S. Mail to the last address reflected in the case file.

When service is required to be made by the Court for pleadings other than (a) those for which service has been requested by properly filed instructions for service, or (b) those for which a specific method of service is designated within the filing or is designated by statute, then service shall be through delivery to the court mailbox of an attorney who in writing has previously authorized such method of alternate delivery and upon all other individuals or entities by ordinary U.S. Mail sent to the last address reflected in the case file for the individual or

CRITICAL

Applies to

Complaint

Plaintiffs must tender enough service copies for all defendants with the original complaint.

Plaintiffs shall tender with the original Complaint a sufficient number of service copies for all defendants to be served.

CRITICAL

Substituting counsel must give written notice to all involved attorneys, unrepresented parties, and interested persons.

The substituting counsel shall give written notice to all involved attorneys, unrepresented parties, and interested persons.

CRITICAL

Service

Mail to opposing party

The requesting party may request certified or express mail service on defendants, followed by ordinary mail with a certificate of mailing if either mailing is returned unclaimed or refused.

ALL DEFENDANTS at the addresses listed on the Complaint by United States Certified Mail; by United States Express Mail; Except as otherwise indicated below and if the certified or express mail is returned UNCLAIMED or REFUSED, I request you then serve the defendant by ordinary mail with certificate of mailing pursuant to Civ. R. 4.6.

CRITICAL

Counsel must obtain service of summons in a new case within six months; otherwise, the clerk will give notice of possible dismissal unless good cause is shown.

In all new cases, if counsel fails to obtain service of summons within six (6) months, the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

CRITICAL

Papers requiring notice or service will not be considered unless proof of service is endorsed on them or separately filed.

Pursuant to Civ.R. 5(D), papers filed with the court and requiring notice or service shall not be considered by the Court unless a proof of service is endorsed thereon or until one is separately filed.

CRITICAL

A request exceeding the Local F. 71.1 guidelines requires a hearing, with notice served on all heirs and, for an insolvent estate, creditors.

If the attorney fee being requested is greater than the guidelines set forth in Local F. 71.1 a hearing will be conducted and all heirs (and creditors in the case of an insolvent estate) are to be served notice of the hearing.

CRITICAL

Applies to

Juror summons

Service

Mail

Prospective jurors must be notified by regular mail using a summons directing them to appear on the assigned date.

Prospective jurors shall be notified by regular mail of their service requirement by the issuance of a summons directing them to appear on the date assigned.

CRITICAL

If a served document is rejected, the party who submitted it must give all parties who were served written notice that it was rejected and not filed.

If the Court rejects a document that has been served by a party upon other parties, the party who tendered the rejected document shall provide to all parties who were served with a copy of the documents a written notification that the document was rejected and not filed in the case.

CRITICAL

Service

Electronic service

Electronic filings must be served under the cited civil or criminal rule; after appearing, a party must provide an email address, and subsequent service must be electronic where possible.

Documents filed electronically with the Court shall be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 4 9. Once a party has entered an appearance in the case, the party shall furnish his or her email address, and service thereafter shall be electronically, where possible.

CRITICAL

Service

Court service

Court service of summons is required, unless waived, for the listed actions, including will-validity and will-contest actions, requests for direction or instructions, and specified declaratory actions.

Service of summons by the Court, unless waived, is required in an action: for pre-death declaration of the validity of a will (R.C. 2107.082), to contest a will (R.C. 2107.72), to requesting direction or instructions (R.C. 2107.46), for a declaratory judgment, the construction of a document, or a determination of a class (R.C. 2721.05

CRITICAL

In every estate, the Notice of Hearing on Inventory must be served on the decedent’s intestate heirs and/or vested beneficiaries.

In every estate, a Notice of Hearing on Inventory shall be served on all of the decedent’s intestate heirs and/or vested beneficiaries

CRITICAL

Applies to

Document required to be served

A document other than the complaint that is filed and must be served on other parties must contain proof of service in the form provided by Civil Rule S(D).

All documents except the complaint offered for filing and required to be served on other parties, shall contain proof of service in the form provided by Civil Rule S(D).

CRITICAL

Service

Mail

Upon receiving the notice, the Clerk must file the original, make a copy, and mail the copy to the non-residential parent.

Upon receipt of this notice, the Clerk of Courts shall file the original written notice in the case file, make a copy of said notice, and mail it to the non-residential parent.

CRITICAL

The assignment commissioner must notify counsel of record of a pretrial conference by mail and/or telephone at least 14 days beforehand.

Notice of pretrial conference shall be given to all counsel of record by mail and/or by telephone from the assignment commissioner not less than fourteen (14) days prior to the conference.

CRITICAL

The requesting party must arrange for the process server to pick up the service documents and pay the server’s fees and mileage.

The requesting party is responsible for arranging for the process server to pick up the documents for service and for payment of the fees and mileage of the special process server.

CRITICAL

Before withdrawal is approved, the attorney must give the specified deadline notice to the client and notice to involved attorneys, unrepresented parties, interested persons, and any involved bonding agencies.

Notice has been given to the client advising the client of all known filing deadlines occurring within the next 90 days affecting the client's case; (2) Notice has been given to all involved attorney's, unrepresented parties, and interested persons; and (3) Notice has been given to any bonding agencies involved.

CRITICAL

Service

Mail

If no waiver is filed, the Court must serve the spousal citation and summary of rights by certified mail within seven days after the initial appointment filing.

Absent the filing of a waiver, the Court shall serve by certified mail the spousal citation and summary of rights required by R.C. 2106.02 within 7 days of the initial filing for appointment.

CRITICAL

Service

Publication

When authorized in a declaration-of-validity-of-will proceeding, the Court gives publication of service of process for three consecutive weeks.

Publication of service of process when authorized in a declaration of validity of will proceeding is for three (3) consecutive weeks and the publication is given by the Court (R.C.2107.082).

CRITICAL

A trustee must notify vested trust beneficiaries affected by fee payments of changes to its corporate fee schedule.

The trustee shall notify vested trust beneficiaries affected by the payment of fees of any changes in its corporate fee schedule.

CRITICAL

Before the pretrial conference, counsel must exchange expected expert-witness reports and, if involved, medical reports and hospital records.

Prior to the date of the pretrial conference, counsel shall exchange reports of expert witnesses expected to the called by each party, as well as medical reports and hospital records if such are involved.

CRITICAL

For each person required to receive notice, the fiduciary must file a waiver or proof of service, and must file original certified-mail receipts or postal certificates of mailing when those documents are used as evidence.

(C) Prior to the hearing on the account, every fiduciary filing an account must also file: (1) A Certificate of Service of Notice of Hearing on Account (SPF 13.9); and (2) For each person required to be served, either: (a) A Waiver of Notice of Hearing on Account (SPF 13.7) or (b) A proof of service of Notice of Hearing in a manner approved for service in Loc.R. 64.9(B). If certified mail return receipts or U.S. Postal Certificates of Mailing are used as evidence, originals shall accompany the filing.

CRITICAL

Copies of the Inventory and Notice of Hearing on Account are served on the listed interested persons, except those with a filed waiver and a beneficiary whose address is unknown.

This is to certify that a true and accurate copy of Inventory and a Notice of Hearing on Account were served upon all heirs, beneficiaries of the estate, interested person, and other persons designated by the Court, except: D The following beneficiary, heir, interested person or other person designated by the court who has signed a Waiver ofNotice ofHearing and Consent to Account (SPF 13.7a) or a Waiver ofNotice of Hearing (SPF 6.2) filed herewith, or previously filed with the Court; D The following beneficiary whose address is unknown

CRITICAL

Applies to

Account

Every account must be set for hearing, and the fiduciary must serve a copy of the account and hearing notice on the specified heirs, beneficiaries, or next of kin, depending on the matter.

(A) Every account shall be set for hearing. Pursuant to R.C. 2109.33, a copy of every account and notice of hearing shall be served by the fiduciary upon (1) In estates, every heir for intestate estates and all beneficiaries for testate estates; (2) In guardianships, all known next of kin of the ward; and (3) for a Testamentary Trust, all known beneficiaries in the trust.

CRITICAL

The inventory and notice of hearing are certified as served on heirs, beneficiaries, interested persons, and others designated by the Court, except persons covered by a filed waiver or a beneficiary whose address is unknown.

This is to certify that a true and accurate copy of Inventory and a Notice of Hearing on Account were served upon all heirs, beneficiaries of the estate, interested person, and other persons designated by the Court, except: ☐ The following beneficiary, heir, interested person or other person designated by the court who has signed a Waiver of Notice of Hearing and Consent to Account (SPF 13.7a) or a Waiver of Notice of Hearing (SPF 6.2) filed herewith, or previously filed with the Court; ☐ The following beneficiary whose address is unknown

CRITICAL

Leaving a pleading with the Clerk or court personnel does not serve it, and court personnel have no duty to forward it to the opposing party.

No pleading shall be deemed served by leaving a copy with the Clerk or any other Court personnel. Neither the Clerk nor any other personnel of the Court have an obligation to forward pleadings left by counsel to the opposing party.

CRITICAL

Applies to

Notice

Service

Publication

If personal service cannot be obtained on a non-consenting parent in an adoption proceeding, the Court must give notice by publication once weekly for three consecutive weeks.

In an adoption proceeding when service of notice is being made upon a non-consenting parent, where personal service cannot be obtained, then service of notice by publication must be given once a week for three consecutive weeks and it is given by the Court pursuant to the law (R.C. 3107.11 (C) and Civ.R. 73(E)(6)).

CRITICAL

The requesting party may request service by commercial carrier and, if it is refused, ordinary mail service with a certificate of mailing.

By commercial carrier service (specify carrier _______________) the following defendants at the address listed on the Complaint and if the service by commercial carrier is returned REFUSED, I request you then serve the defendant by ordinary mail with certificate of mailing pursuant to Civ.R. 4.6:

CRITICAL

Applies to

Electronically produced ticket

When an electronically produced ticket is issued at the scene, the issuing officer must provide the defendant with a paper copy.

If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.

CRITICAL

Service

Publication

If personal service cannot be obtained on a non-consenting parent in an adoption proceeding, the Court must give notice by publication once a week for three consecutive weeks.

In an adoption proceeding when service of notice is being made upon a non-consenting parent, where personal service cannot be obtained, then service of notice by publication must be given once a week for three consecutive weeks and it is given by the Court pursuant to the law (R.C. 3107.11 (C) and Civ.R. 73(E)(6)).

CRITICAL

Notify the interested parties identified in the statute and described here; if waivers and consents are not filed from all interested parties, a hearing and service of notice upon them are required.

Interested parties to be notified are those set forth in R.C. 2125.02. Subject to the exceptions under R.C. 2105.19 and RC 2125.02, those persons rebuttably presumed to have suffered damages are the parents of the decedent, the surviving spouse and the children. Other next of kin who must prove their loss are the grandparents, grandchildren and siblings of the decedent. Subrogated providers and insurers for which the Applicant does not have settlement amounts already established in writing are interested parties and are entitled to notice. When applicable, the State of Ohio Medicaid Recovery Administrator may also be an interested party. Waivers and consents to the proposed distribution must be filed from all interested parties, or a hearing and service of notice upon them will be required.

CRITICAL

Applies to

Public sale notice

Service

Publication

The fiduciary must arrange publication for a public sale in a real-property sale proceeding and advertise it at least three successive weeks before the sale.

Publication for a public sale in a real property sale proceeding is arranged by the fiduciary and must be advertised at least three (3) successive weeks prior to the scheduled sale (R.C. 2727.32).

CRITICAL

Service

Publication

When an address is unknown, service by publication must be made once each week for six consecutive weeks.

Civil Rule 4.4 requires that if any address is unknown then publication be made once each week for six consecutive weeks.

CRITICAL

The fiduciary must deliver a certified copy of the Entry to the custodial depository, which must acknowledge receipt.

2. A certified copy of this Entry shall be delivered by the Fiduciary to the custodial depository and the depository shall acknowledge receipt of a copy of the Entry.

CRITICAL

Applies to

Notice of hearing on account

Service

Mail

If certified mail is returned undeliverable, service is incomplete and the fiduciary must complete service by ordinary mail with a certificate of mailing.

If the mailing is returned undeliverable by the U.S. Postal Service, then the service shall be deemed incomplete and the fiduciary shall complete service by ordinary mail with certificate of mailing.

CRITICAL

Substituting counsel must give written notice to all involved attorneys, unrepresented parties, and interested persons.

The substituting counsel shall give written notice to all involved attorneys, unrepresented parties, and interested persons.

CRITICAL

Applies to

Notice of hearing on account

Service

Mail

The notice of hearing on an account may be served by certified mail in addition to the other authorized methods; if the mailing is returned undeliverable, service is incomplete and the fiduciary must complete it by ordinary mail with a certificate of mailing.

(B) The Court, pursuant to Civ.R. 73(E)(7), directs that service of the Notice of Hearing On Account (SPF 13.5), in addition to the other methods provided in Civ.R. 73(E)(6), may be served by written notice mailed by certified mail. If the mailing is returned undeliverable by the U.S. Postal Service, then the service shall be deemed incomplete and the fiduciary shall complete service by ordinary mail with certificate of mailing.

CRITICAL

Service

Publication to court

Whenever publication is used or required, proof of publication from the publisher must be filed with the Court.

In every instance when publication is used or required, proof of the publication from the publisher must be filed with the Court in accordance with Civ.R. 4.4(A)(l).

CRITICAL

Service

Publication

Summons by publication must generally run once a week for six successive weeks, unless law provides fewer weeks; service is complete on the final publication date, when the 28-day answer period begins.

When service of summons is being made by publication, it shall be made by publication once a week for six (6) successive weeks unless a smaller number of weeks is provided by law and service shall be complete on the date of the last publication. The28-day period for answer commences with the date of the last publication (Civ.R. 4.4(A)(l) and Civ.R. 12(A)(l)).

CRITICAL

Service

Publication

Whenever publication is used or required, proof of publication from the publisher must be filed with the Court.

In every instance when publication is used or required, proof of the publication from the publisher must be filed with the Court in accordance with Civ.R. 4.4(A)(l).

CRITICAL

Service

Mail to all parties

A copy of the entry must be served by regular mail on parties who have neither defaulted nor approved the proposed entry and order.

A copy of the entry shall be served by regular mail upon all parties who have not defaulted or approved the proposed entry and order.

CRITICAL

Applies to

Spousal citation and summary of rights

Service

Mail

If no waiver is filed, the Court must serve the spousal citation and summary of rights by certified mail within seven days after the initial appointment filing.

Absent the filing of a waiver, the Court shall serve by certified mail the spousal citation and summary of rights required by R.C.2106.02 within 7 days of the initial filing for appointment.

CRITICAL

Service

Publication

In divorce, annulment, or legal-separation cases where the plaintiff proceeds in forma pauperis, service by publication must be made by posting at three specified locations.

In cases of divorce, annulment, or legal separation, if Plaintiff is proceeding .!..a, forma pauperis, service by publication shall be made by posting pursuant to Rule 4.4{A)(2). Posting shall be on a public bulletin board in three (3) places: Office of the Clerk of Courts of Morgan County, Ohio; Office of the Sheriff of Morgan County, Ohio: and Office of the Mayor of the Village of McConnelsville, Ohio.

CRITICAL

Notices required by law or designated by the judge are to be published in the Morgan County Herald.

The Morgan County Herald is designated as the newspaper of general circulation in which any notices as required by law or designated by the Judge are to be published.

CRITICAL

Service

Mail to opposing party

The plaintiff must mail each defendant notice of the sale’s time and place at least three weeks before the public sale, using the defendant’s last known address.

The plaintiff shall give notice of the time and place of sale by regular mail at least three (3) weeks prior to the date of public sale to all defendants at their last known address.

CRITICAL

For Court-made service not covered by properly filed service instructions or a method specified in the filing or by statute, delivery to an attorney’s court mailbox is required if the attorney previously authorized that method in writing.

When service is required to be made by the Court for pleadings other than (a) those for which service has been requested by properly filed instructions for service, or (b) those for which a specific method of service is designated within the filing or is designated by statute, then service shall be through delivery to the court mailbox of an attorney who in writing has previously authorized such method of alternate delivery

CRITICAL

Service

Mail

Upon receiving the notice, the Clerk must file and copy it, mail it to the non-residential parent, and note the mailing date as proof of mailing.

(Upon receipt of this notice, the Clerk of Courts shall file, make a copy of said notice, and mail it to the non-residential parent. The Clerk shall note "Proof of Mailing" showing the date of the mailing on the notice filed in the Court file.)

CRITICAL

Applies to

Service of process

Service

Publication

When authorized in a declaration-of-validity-of-will proceeding, the Court gives publication of service of process for three consecutive weeks.

Publication of service of process when authorized in a declaration of validity of will proceeding is for three (3) consecutive weeks and the publication is given by the Court (R.C. 2107.082).

CRITICAL

Service

Mail

A copy of the entry must be served by regular mail on parties who have not defaulted or approved it.

A copy of the entry shall be served by regular mail upon all parties who have not defaulted or approved the proposed entry and order.

CRITICAL

The applicant requesting termination is responsible for perfecting service under Civ.R. 73.

It is the responsibility of the applicant for termination to perfect service pursuant to Civ.R. 73 when a termination is requested.

CRITICAL

When an electronic ticket is issued at the scene, the issuing officer must provide the defendant with a paper copy.

If an electronically produce ticket is issued at the L scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.

CRITICAL

Applications to dispense with or terminate a guardian appointment must follow the statutory notice provisions.

Applications to dispense with, or to terminate, the appointment of a guardian under R.C. 2111.05 or R.C. 2111.131 shall follow the notice provisions of R.C. 2111.04(A).

CRITICAL

Pleadings must be served in accordance with the applicable civil or criminal procedure rules.

Service of Pleadings shall be accomplished by following the applicable Rules of Civil or Criminal Procedure.

CRITICAL

Service

Publication

For a name change, publication must occur once at least 30 days before the application hearing, and the Court prepares the notice and arranges publication.

Publication for a name change must be made one time at least 30 days before the hearing on the application (R.C.2717.01). The Court prepares the publication notice and arranges publication.

CRITICAL

Unless the Court waives the hearing, a guardian-of-the-person compensation matter must be set for hearing and notice given to any appointed guardian of the estate.

Unless the Court waives the hearing, compensation for services as guardian of the person shall be set for hearing and notice shall be given to the guardian of the estate, if any has been appointed.

CRITICAL

Service

Court service

Unless waived, the Court must serve summons in the listed will, direction-or-instructions, declaratory judgment, document construction, and class determination actions.

Service of summons by the Court, unless waived, is required in an action: for pre-death declaration of the validity of a will (R.C. 2107.082), to contest a will (R.C. 2107.72), to requesting direction or instructions (R.C. 2107.46), for a declaratory judgment, the construction of a document, or a determination of a class (R.C. 2721.05

CRITICAL

Service is not required on parties for whom waivers have been filed or will be filed.

Service is not required on the following parties because Waivers have been filed, or will be filed for the following parties:

CRITICAL

Proof of service must use a waiver, an original signed certified-mail return-receipt card, or, when applicable, a postal certificate of mailing; minors and persons under disability cannot sign waivers, and waivers cannot be signed on behalf of minors aged sixteen or seventeen.

Proof of service shall consist of either waivers, original signed certified mail return receipt cards, or when applicable, postal certificates of mailing, as provided under Civ.R. 73(E)(3). Neither a minor nor a person under disability may sign a waiver of notice. Pursuant to SUP.R. 59(B) a waiver of notice may not be signed on behalf of a minor sixteen or seventeen years of age.

CRITICAL

The applicant must give hearing notice to estate beneficiaries and, if insolvency is expected, to creditors.

Notice of the hearing must be given by the applicant to the estate beneficiaries, and to the creditors in the event of expected insolvency.

CRITICAL

If the Court rejects a document that was served on other parties, the filing party must send those parties written notice that it was rejected and not filed.

If the Court rejects a document that has been served by a party upon other parties, the party who tendered the rejected document shall provide to all parties who were served with a copy of the documents a written notification that the document was rejected and not filed in the case.

CRITICAL

Notice of the application shall be given to the guardian of the estate, if any has been appointed. The guardian of the estate may waive notice of the hearing on the application and consent to the payment of fees.

Notice of the application shall be given to the guardian of the estate, if any has been appointed. The guardian of the estate may waive notice of the hearing on the application and consent to the payment of fees.

CRITICAL

Give notice of the guardianship attorney-fee application to the appointed guardian of the estate, if there is one.

Notice of the application shall be given to the guardian of the estate, if any has been appointed.

CRITICAL

Papers requiring notice or service will not be considered unless proof of service is endorsed on them or filed separately.

Pursuant to Civ.R. 5(D), papers filed with the court and requiring notice or service shall not be considered by the Court unless a proof of service is endorsed thereon or until one is separately filed.

CRITICAL

The Administrator must serve notice of appointment on persons entitled to inherit within seven days after appointment, unless they received hearing notice or waived notice, and must file proof of service with the Court.

Pursuant to Sup.R. 60 (B) the Administrator shall give notice of the appointment within seven (7) days after the appointment to all persons entitled to inherit, including persons entitled to an allowance for support, unless those persons have been given notice of the hearing on the appointment or waived notice. Proof of the service of the notice shall be filed with the Court.

CRITICAL

The Administrator must give appointment notice to entitled persons within seven days, unless they received hearing notice or waived notice, and must file proof of service.

Pursuant to Sup.R. 60 (B) the Administrator shall give notice of the appointment within seven (7) days after the appointment to all persons entitled to inherit, including persons entitled to an allowance for support, unless those persons have been given notice of the hearing on the appointment or waived notice. Proof of the service of the notice shall be filed with the Court.

CRITICAL

A guardian-of-the-person compensation matter must be set for hearing, and notice must be given to any appointed guardian of the estate, unless the Court waives the hearing.

Unless the Court waives the hearing, compensation for services as guardian of the person shall be set for hearing and notice shall be given to the guardian of the estate, if any has been appointed.

CRITICAL

Notice must be directed to the interested parties identified under R.C. 2125.02, including qualifying subrogated providers and insurers; the Medicaid Recovery Administrator may also be an interested party when applicable.

Interested parties to be notified are those set forth in R.C. 2125.02. Subject to the exceptions under R.C. 2105.19 and RC 2125.02, those persons rebuttably presumed to have suffered damages are the parents of the decedent, the surviving spouse and the children. Other next of kin who must prove their loss are the grandparents, grandchildren and siblings of the decedent. Subrogated providers and insurers for which the Applicant does not have settlement amounts already established in writing are interested parties and are entitled to notice. When applicable, the State of Ohio Medicaid Recovery Administrator may also be an interested party.

CRITICAL

Applies to

Order

Service

Court service

The Clerk must serve a copy of the Order on the county's adult probation, parole, and community control officers.

said Clerk further serve a copy of this Order on the adult probation, parole and community control officers of Morgan County, Ohio.

CRITICAL

Proof of service shall consist of either waivers, original signed certified mail return receipt cards, or when applicable, postal certificates of mailing, as provided under Civ.R. 73(E)(3). Neither a minor nor a person under disability may sign a waiver of notice. Pursuant to SUP.R. 59(B) a waiver of notice may not be signed on behalf of a minor sixteen or seventeen years of age.

Proof of service shall consist of either waivers, original signed certified mail return receipt cards, or when applicable, postal certificates of mailing, as provided under Civ.R. 73(E)(3). Neither a minor nor a person under disability may sign a waiver of notice. Pursuant to SUP.R. 59(B) a waiver of notice may not be signed on behalf of a minor sixteen or seventeen years of age.

CRITICAL

Service

Publication

If an address is unknown, service by publication must occur once a week for six consecutive weeks.

Civil Rule 4.4 requires that if any address is unknown then publication be made once each week for six consecutive weeks.

CRITICAL

A guardianship termination generally requires notice to the persons designated by statute and anyone who received actual notice of the original appointment, except for termination when a minor reaches majority or the ward dies.

Except for the termination of a guardianship of a minor attaining the age of majority or upon the death of the Ward, a termination of a guardianship shall require notice to all persons designated in R.C. 2111.04 and to any other individuals who received actual notice of the original appointment of the guardian.

CRITICAL

Service

Mail to opposing party

The plaintiff must mail each defendant notice of the sale’s time and place at least three weeks before the public sale.

(E) The plaintiff shall give notice of the time and place of sale by regular mail at least three (3) weeks prior to the date of public sale to all defendants at their last known address.

CRITICAL

For a ward who is a veteran with a guardian appointed under Revised Code Chapter 5905, notice of complaints, reports, hearings, and actions must be given to the U.S. Administrator of Veterans Affairs.

When the ward is a veteran and the Court appointed the guardian under Revised Code Chapter 5905, notice of the complaint, reports, hearings and actions shall be given to the Administrator of Veterans Affairs of the United States pursuant to R.C. 5905.03.

CRITICAL

In placement adoptions, the adoption assessor must provide the birth parents a copy of the materials or brochure prepared under R.C. 3107.082 and 3107.083.

(K) In placement adoptions, the adoption assessor meeting with the birth parent(s) in the course of preparing a report for an adoption proceeding in this Court shall provide the birth parent(s) with a copy of the materials/brochure prepared pursuant to R.C. 3107.082 and 3107.083.

CRITICAL

Applies to

Summons

Service

Publication

Summons by publication must run once weekly for six successive weeks unless law provides a shorter period, and service is complete on the last publication date.

When service of summons is being made by publication, it shall be made by publication once a week for six (6) successive weeks unless a smaller number of weeks is provided by law and service shall be complete on the date of the last publication.

CRITICAL

Service

Mail

Proof of service must be attached; certified mail requires original signed return-receipt cards, while ordinary mail requires photocopies of certificates of mailing.

For those persons served, proof of service is attached. Pursuant to Loc. R. 78.1, for certified mail service, originals of the signed U.S. Postal Service Domestic Return Receipt cards are attached. For ordinary mail service, photocopies of U.S. Postal Service Certificates of Mailing are attached.

CRITICAL

Applies to

Application to dispense or terminate guardianship

Applications to dispense with or terminate a guardianship appointment must follow the notice provisions of R.C. 211l.04(A).

Applications to dispense with, or to terminate, the appointment of a guardian under R.C. 2111.05 or R.C. 2111.131 shall follow the notice provisions of R.C. 211l.04(A).

WARNING

Applies to

Default judgment application

The defaulting party need not be served with the default-judgment application.

There is no need to serve the defaulting party.

WARNING

Unless the filing indicates otherwise, the certification states that service was through the designated court mailbox for attorneys with one, or by ordinary U.S. Mail for everyone else.

Unless otherwise indicated on the filing, the certification represents that the default method of service used was either: (a) to the court mailbox for attorneys having a designated court mailbox, or (b) by ordinary U.S. Mail for all other individuals or entities.

WARNING

Service may use methods authorized by Loc.R. 64.9(B); if certified-mail return receipts or U.S. Postal Certificates of Mailing are used as evidence, photocopies of the originals must accompany the filing.

Service may be made in accordance with the methods of service authorized in Loc.R. 64.9(B) and if certified mail return receipts or U.S. Postal Certificates of Mailing are used as evidence, photocopies of the originals shall accompany the filing.

WARNING

Electronic proof of service for certified or express mail provided through the USPS electronic return receipt program is adequate evidence of service under the cited service rules.

Electronic proof of service for certified or express mail provided to the Court through the U.S. Postal Service electronic return receipt program shall be deemed adequate evidence of service in accordance with the service requirements or Civ.R. 73 and Civ.R. 4.0 through 4.6.

WARNING

Summons must be served under the Ohio Rules of Procedure; the Court prefers, but does not require, personal service on defendants.

Summons shall be served in accordance with the Ohio Rules of Procedure. However, the Court prefers personal service on all Defendants.

WARNING

Service

Mail

The bailiff or clerk must mail the sale notice to the parties and attorneys of record by ordinary mail, but failure to mail it does not invalidate the sale.

A copy of the notice of the sale of personal property shall be mailed by the bailiff, or clerk, to the parties and to attorneys of record in the case, by ordinary mail; however, failure to mail such notice shall not invalidate the sale.

WARNING

Unless the filing indicates otherwise, its certification represents that service was made through the designated court mailbox for attorneys with one, or by ordinary U.S. Mail for all others.

Unless otherwise indicated on the filing, the certification represents that the default method of service used was either: (a) to the court mailbox for attorneys having a designated court mailbox, or (b) by ordinary U.S. Mail for all other individuals or entities.

WARNING

The Court may require hearing notice on fees to other interested persons, including a ward, former ward, or the estate fiduciary of a deceased ward.

The Court may require that notice of the hearing on the fees be given to other interested persons including a ward, a former ward or the estate fiduciary of a deceased ward.

WARNING

Service

Mail

Electronic proof for certified or express mail provided through the USPS electronic return receipt program is adequate evidence of service under the cited service requirements.

Electronic proof of service for certified or express mail provided to the Court through the U.S. Postal Service electronic return receipt program shall be deemed adequate evidence of service in accordance with the service requirements or Civ.R. 73 and Civ.R. 4.0 through 4.6.

WARNING

Applies to

Contempt summons

A person who fails to respond to a duly served summons may be served with a contempt summons and must appear on the date it specifies.

Any person who fails to respond to a duly served summons may be served with a summons for contempt of court and must appear on the date specified in the summons.

WARNING

Service may use methods authorized by Loc.R. 64.9(B); if certified-mail return receipts or U.S. Postal Certificates of Mailing are used as evidence, photocopies of the originals must accompany the filing.

Service may be made in accordance with the methods of service authorized in Loc.R. 64.9(B) and if certified mail return receipts or U.S. Postal Certificates of Mailing are used as evidence, photocopies of the originals shall accompany the filing.

WARNING

Service

Publication

Notices required by law or designated by the Judge are to be published in the Morgan County Herald.

The Morgan County Herald is designated as the newspaper of general circulation in which any notices as required by law or designated by the Judge are to be published.

WARNING

The Court may require notice of a final compensation application to the deceased ward’s fiduciary or other interested persons.

The Court may require that notice of the application be given to the fiduciary of the deceased ward or other interested persons.

WARNING

The trustee may waive notice of the fee-application hearing and consent to payment, while the Court may require notice of the fee-payment hearing to affected trust beneficiaries.

The trustee may waive notice of hearing on the application and consent to the payment of fees. The Court may require notice of the hearing on the payment of the fees be given to the trust beneficiaries who are affected by the payment of fees.

INFO

Applies to

Summons

Service

Mail

The requester may ask for ordinary-mail service with a certificate of mailing if certified or express mail is returned unclaimed or refused.

Except as otherwise indicated below D and if the certified or express mail is returned UNCLAIMED or REFUSED, I request you then serve the defendant by ordinary mail with certificate of mailing pursuant to Civ. R. 4.6.

INFO

Service

Mail

The Court will prepare and mail copies of its orders and judgment entries as applicable law requires.

The Court shall prepare and mail copies of its orders and judgment entries as is required by applicable law.

INFO

Service of notice under Civ.R. 73(F) may be made with or without court intervention.

Service of Notice pursuant to Civ.R. 73(F) may be made with or without court intervention.

INFO

Service

Publication

Constructive service by publication is authorized in the cases enumerated in R.C. 2703.14.

Constructive service by publication is authorized in those cases enumerated in R.C.2703.14.

INFO

A signed Waiver of Notice of Hearing on Inventory may be used instead of service.

The signed Waiver of Notice of Hearing on Inventory (SPF 6.2) may be used in lieu of service.

INFO

Applies to

Summons

Service

Mail

The requester may ask for ordinary-mail service with a certificate of mailing if commercial-carrier service is returned refused.

and if the service by commercial carrier is returned REFUSED, I request you then serve the defendant by ordinary mail with certificate of mailing pursuant to Civ.R. 4.6:

INFO

The Court may require hearing notice to other interested persons, including a ward, former ward, or deceased ward's estate fiduciary.

The Court may require that notice of the hearing on the fees be given to other interested persons including a ward, a former ward or the estate fiduciary of a deceased ward.

INFO

A signed Waiver of Notice of Hearing on Inventory (SPF 6.2) may be used instead of service.

The signed Waiver of Notice of Hearing on Inventory (SPF 6.2) may be used in lieu of service.

INFO

The guardian of the estate may waive hearing notice and consent to payment of the fees.

The guardian of the estate may waive notice of the hearing on the application and consent to the payment of fees.

INFO

Applies to

Summons

Service

Mail

The summons request form permits the requesting party to select certified or express mail service on defendants at the addresses listed in the Complaint.

D ALL DEFENDANTS at the addresses listed on the Complaint by D United States Certified Mail; by D United States Express Mail;

INFO

A summons, citation, or notice may be served on a fiduciary by delivering a duplicate notice to the attorney designated in the fiduciary's pleadings.

Pursuant to R.C. 2109.03 any summons, citation or notice may be served upon a fiduciary by delivering a duplicate notice to the attorney designated by the fiduciary on pleadings filed in the case.

INFO

A summons, citation, or notice may be served on a fiduciary by delivering a duplicate notice to the attorney designated on the fiduciary’s pleadings.

Pursuant to R.C. 2109.03 any summons, citation or notice may be served upon a fiduciary by delivering a duplicate notice to the attorney designated by the fiduciary on pleadings filed in the case.

INFO

Applies to

Summons

The summons request form permits the requesting party to select commercial-carrier service.

D By commercial carrier service

INFO

Applies to

Notice of hearing on account

Service

Mail

The Notice of Hearing on Account may be served by written notice mailed by certified mail, in addition to the other methods provided by Civ.R. 73(E)(6).

The Court, pursuant to Civ.R. 73(E)(7), directs that service of the Notice of Hearing On Account (SPF 13.5), in addition to the other methods provided in Civ.R. 73(E)(6), may be served by written notice mailed by certified mail.

INFO

Service

Publication

Constructive service by publication is authorized in the cases listed in R.C. 2703.14.

Constructive service by publication is authorized in those cases enumerated in R.C. 2703.14.

INFO

Service of notice under Civ.R. 73(F) may occur with or without court intervention.

Service of Notice pursuant to Civ.R. 73(F) may be made with or without court intervention.