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

CRITICALCivil cases

Applies to

Protection order documents

The Deputy Clerk must distribute the petition, order, and other necessary protection-order documents to the petitioner, defendant, their attorneys, and any other party identified by the Court.

The Deputy Clerk will then distribute a copy of the petition, the order, and any other necessary documents from the protection order to the Petitioner, Defendant, their Attorney(s) and any other party notated by the Court.

CRITICAL

Service

Electronic service

After appearing, a party must furnish a regularly monitored email address, and service should thereafter be made electronically when possible.

Once a party has entered an appearance in the case, the party must furnish his or her email address that is regularly monitored, and service thereafter should be made electronically when possible.

CRITICAL

Applies to

Journal entry

Unless the Court directs otherwise, prevailing-party counsel must submit the prepared journal entry to opposing counsel.

Unless the Court otherwise directs, counsel for the party in whose favor an order, decision, decree, or judgment is rendered, shall, within five (5) days after the rendering of such, prepare the proper journal entry of judgment, and submit it to counsel(s) for the adverse party(s),

CRITICAL

Service

Mail to court

The notice and information regarding the petition must be sent to each identified court by ordinary U.S. mail.

Regarding Petition for Certificate of Qualification for Employment [Form C] and Submission of Information Regarding Petition for Certificate of Qualification for Employment (Form E) to each court so identified. Such Notice shall be sent via ordinary US mail.

CRITICAL

Electronically filed documents must be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49.

Documents filed electronically with the clerk must be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49.

CRITICALCivil cases

Applies to

Electronically filed document

A filer must serve a paper copy of an e-filed document on each party or counsel who does not receive the clerk’s electronic filing notice.

As a result, any filer must serve a paper copy of the e-filed document on all parties to the case or their counsel to whom the clerk’s e-filing system does not send the Notification of Electronic Filing.

CRITICALCivil cases

Summons service is checked within 30 days of filing the Complaint; incomplete service triggers notice to Plaintiff’s counsel and may lead to dismissal if no effort to obtain service is made within 14 days.

After the Complaint is filed, service of summons shall be checked in thirty (30) days. If service is complete and no Answer has been filed, the case shall be assigned before the Magistrate for an uncontested action. If service is incomplete, Notice shall be served on Plaintiff’s counsel directing that unless service is obtained, the case will be dismissed. If after fourteen (14) days no effort has been made to obtain service, the case shall be dismissed.

CRITICAL

Applies to

Proposed journal entry

The proposed journal entry must be sent electronically to counsel for all parties for review.

such proposed journal entry shall be submitted electronically and in written form to the Court and electronically to Counsel for all parties for review.

CRITICAL

The filer must serve a paper copy on any party or counsel who will not receive the e-filing system’s electronic notice.

Parties to the case or their counsel who are not registered with the clerk’s e-filing system or who have not provided an email address on court filings will not receive a Notice of Electronic Filing. As a result, any filer must serve a paper copy of the e-filed document on all parties to the case or their counsel to whom the clerk’s e-filing system does not send the Notification of Electronic Filing.

CRITICALCivil cases

The required certificate must disclose that the account was provided to all persons entitled to receive it.

For all estates of decedents with dates of death after December 31, 2001, a Certificate of Service of Account on Heirs or Beneficiaries (Standard Probate Form 13.9), shall be filed with the Court disclosing that the executor or administrator has provided a copy of the account to all persons entitled thereto under Section 2109.32 (B)(1) of the Ohio Revised Code.

CRITICAL

Service

Mail to agency

The form must be mailed to the Ohio Bureau of Criminal Investigation at the specified address.

The Probate Judge who made the adjudication must transmit the form to BCI not later than 7 days after the adjudication or civil commitment. [R.C. 5122.311] and mailed to the Ohio Bureau of Criminal Investigation, P.O. Box 365, London, OH 43140.

CRITICAL

Applies to

Form 95 ncic mental health notice

Service

Email to agency

The Juvenile Judge must email the completed Form 95 to the arresting law enforcement agency for entry into LEADS.

The Juvenile Judge who made the adjudication will transmit a copy of the completed Form 95 to the arresting law enforcement agency via email for them to enter into the Ohio Law Enforcement Automated Data System (LEADS) as established in ORC 2929.44.

CRITICALCivil cases

Service

Mail to agency

The form must be mailed to the Ohio Bureau of Criminal Investigation at the stated address.

The Probate Judge who made the adjudication must transmit the form to BCI not later than 7 days after the adjudication or civil commitment. [R.C. 5122.311] and mailed to the Ohio Bureau of Criminal Investigation, P.O. Box 365, London, OH 43140.

CRITICALCivil cases

The attorney shall also notify any bonding agencies involved.

The attorney shall also notify any bonding agencies involved.

CRITICALCivil cases

Service must be perfected at least 28 days before the pre-trial or the case will be dismissed.

If service has not been perfected by twenty-eight (28) days prior to the date of the pre-trial, the case shall be dismissed.

CRITICAL

Service

Electronic service

The e-filing system sends notice to registered users and parties with an email address on prior filings; the filer must serve a paper copy on anyone who does not receive notice, and electronic notice plus required proof constitutes service under Civil Rule 5 and Criminal Rule 49.

Automated Service. When a submission is deemed filed, the clerk’s e- filing system will generate a Notification of Electronic Filing to the filer and any other party to the case or their counsel who is a registered user of the clerk’s e-filing system. Parties who have listed an email address on prior court filings will also receive the Notification of Electronic Filing. Parties to the case or their counsel who are not registered with the clerk’s e-filing system or who have not provided an email address on court filings will not receive a Notice of Electronic Filing. As a result, any filer must serve a paper copy of the e-filed document on all parties to the case or their counsel to whom the clerk’s e-filing system does not send the Notification of Electronic Filing. The automatic electronic notice, in conjunction with the required proof of service, will constitute service under Civil Rule 5 and Criminal Rule 49.

CRITICALCivil cases

The Defendant must submit a written, good-faith settlement offer to the Plaintiff no later than 14 days after receiving the Plaintiff’s offer.

The Defendant or his/her attorney must likewise submit to the Plaintiff or his/her attorney, in writing, a good faith offer of settlement no later than fourteen (14) days after receipt of the Plaintiff’s Offer of Settlement.

CRITICAL

Applies to

Protection order documents

The Deputy Clerk must distribute the petition, order, and other necessary protection-order documents to the listed parties and any other party noted by the Court.

The Deputy Clerk will then distribute a copy of the petition, the order, and any other necessary documents from the protection order to the Petitioner, Defendant, their Attorney(s) and any other party notated by the Court.

CRITICALCivil cases

Service

Mail

Service will be by certified mail unless a precipe is filed directing another method.

SERVICE WILL BE VIA CERTIFIED MAIL UNLESS A PRECIPE IS FILED WITH OTHER DIRECTIONS

CRITICAL

Service

Mail to all parties

Before confirmation of a Sheriff’s sale, notice must be sent by ordinary mail to every appearing party’s last known address or attorney of record, and the required certificate of service must be filed.

The Court will not confirm any Sheriff’s sale until such time as the party ordering the sale has filed a certificate of service of notice of the sale stating that the notice of the sale has been sent to all parties who have appeared in the action, by ordinary mail to their last known address or to their attorney of record, and further until after proof of publication of notice of sale, as requested by law, has been filed.

CRITICAL

Service

Publication

For service by publication, the Clerk must post notice in two conspicuous courthouse places and at least two listed public places.

Pursuant to Civil Rule 4.4 (A)(2), the Clerk of this Court shall post in two (2) conspicuous places in the Courthouse, suggested as the bulletin board or wall in the office of the Clerk of Courts, as well as the bulletin board on the first floor near the Auditor’s office and also in at least two (2) of the following public places:

CRITICAL

The filer must serve a paper copy on parties or counsel who do not receive the e-filing system’s notification.

As a result, any filer must serve a paper copy of the e-filed document on all parties to the case or their counsel to whom the clerk’s e-filing system does not send the Notification of Electronic Filing.

CRITICALCivil cases

An application to terminate a minor’s guardianship must give notice to the persons specified by statute and to anyone who received or was entitled to receive actual notice of the original appointment.

All applications to terminate a guardianship of a minor shall require that notice be given to all persons designated in Section 2111.04 of the Ohio Revised Code and to any other individuals who received or who were entitled to receive actual notice of the original appointment of the guardian.

CRITICAL

Applies to

Protection order packet

The Deputy Clerk must send the petition, order, and Form 10-A to the Morrow County Sheriff’s office.

The Deputy Clerk will distribute a copy of the petition, order, and Form 10-A (known as the Protection Order packet) to the Morrow County Sheriff’s office.

CRITICALCivil cases

Applies to

Summons

Service will be by certified mail unless a precipe is filed directing another method.

SERVICE WILL BE VIA CERTIFIED MAIL UNLESS A PRECIPE IS FILED WITH OTHER DIRECTIONS

CRITICAL

Applies to

Service request

A request for service of a covered paper must include a time-stamped copy of that paper.

Any request for service of a complaint, motion, order, or other paper requiring service pursuant to the Ohio Rules of Civil Procedure shall be accompanied by a time-stamped copy of the paper to be served.

CRITICAL

Service

Personal service

When a Morrow County elected official is sued in an official capacity, the Clerk must initially serve the summons personally, and a signed receipt must be filed in the case record.

Whenever any Morrow County Elected Official is named as a party to a civil lawsuit in his or her official capacity as such elected official, initial service of summons on a complaint, cross claim or counterclaim shall be made by personal service on the elected official(s) by the Clerk of Courts. The Clerk of Courts is hereby permanently appointed as a special process server for the purpose of complying with this Rule. Whenever service of summons is effectuated by personal service made by the Clerk of Courts pursuant to this Rule, a receipt of service of summons form shall be signed by the elected official or his/her agent and filed as an official record in the case file.

CRITICAL

Service

Mail

When serving an individual by certified mail, delivery must be restricted to that person as the addressee.

If the party is a person, then certified mail shall be marked that delivery is “restricted” to that person as addressee.

CRITICAL

Service

Publication

For unknown parties, the requesting party must serve by publication or ascertain their actual names for proper service.

Since the postal authorities will not normally deliver certified mail to “unknown spouses” or “John Doe” or “unknown heirs”, the party requesting service on such unknown parties shall effectuate service by publication or shall ascertain the actual name or names of the unknown parties for proper service.

CRITICAL

Service

Electronic service

For recipients of a Notification of Electronic Filing, service is complete when the clerk’s system generates the notification.

For parties or their counsel who receive the Notification of Electronic Filing, service is complete at the time the Notification of Electronic Filing is generated by the clerk’s e-filing system.

CRITICAL

Service

Mail

The jury-service notice and questionnaire must be delivered by ordinary mail.

The notice summoning a person to jury service by the Jury Commission and/or Sheriff and the questionnaire eliciting essential information regarding that person shall be done in conjunction with the Common Pleas Court and shall be: 1. Phrased as to be readily understood by an individual unfamiliar with the legal and jury systems. 2. Delivered by ordinary mail.

CRITICALCivil cases

Service

Mail

Parties served by regular U.S. mail without receiving a Notification of Electronic Filing receive additional response time under Civ.R. 6(D).

Parties who do not receive the Notification of Electronic Filing and who are served by regular U.S. mail will have additional time to respond as provided by Civ.R. 6(D).

CRITICALCivil cases

Electronically filed documents must be served in accordance with the applicable Ohio civil or criminal service rule.

Documents filed electronically with the clerk must be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49.

CRITICAL

Applies to

Protection order service packet

Service

Court service

The Clerk of Courts must provide the protection-order service packet to the Sheriff, petitioner, attorneys, and any other law-enforcement agency noted by the Court.

4. The Clerk of Courts will then provide a copy of the petition, the order, and any other enclosed documents from the protection order, also known as the service packet to the Morrow County Sheriff, Petitioner, Attorney(s) and any other Law Enforcement Agency notated by the Court.

CRITICAL

The filing party must provide proof of service for every document that must be served.

Proof of service of all documents required to be served must be provided by the filing party in compliance with Civil Rule 5(B)(4) and Criminal Rule 49.

CRITICALCivil cases

The notice of settlement-offer submission must be served in compliance with Ohio Civil Rules 5 and 6; the settlement offer itself is not filed as that notice.

A Notice of said submission, but not the Settlement Offer, shall be filed with the Clerk of Courts and served in compliance with Rules 5 and 6 of the Ohio Rules of Civil Procedure.

CRITICAL

Service

Electronic service

Registering as an e-filer constitutes consent to electronic service of other registered e-filers’ pleadings and Court orders.

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

CRITICAL

The clerk must send copies of the docketed entry and other necessary documents to the juvenile, their parents, and any other party noted by the Court.

The clerk is to send out copies of the docketed entry and any other necessary documents to the juvenile, their parents, and any other party notated by the Court.

CRITICAL

Service

Mail

If personal service is not completed within one week after filing the pleading naming the elected official, the Clerk must serve by certified mail with return receipt requested or another means requested by the filing party under the Ohio Rules of Civil Procedure.

If such personal service of summons is not completed within one (1) week of the filing of a complaint, cross claim or counterclaim naming said elected official as a party, then the Clerk of Courts shall cause service of summons by certified mail, return receipt requested, or by any other means which may be requested by the party filing the complaint, cross claim or counterclaim pursuant to the Ohio Rules of Civil Procedure.

CRITICAL

Service

Electronic service to all parties

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

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

CRITICALCivil cases

Applies to

Request for additional deposit or fees

A request for additional Guardian ad Litem deposits or fees must be served on the parties or their counsel, and, if there is no objection, an order may issue after seven days.

Said request shall be served on the parties or their counsel if they are represented, and if there is no objection, an order regarding payments of said deposit/fees may be issued after seven days.

CRITICALCivil cases

An adoption assessor who meets with a birth parent while preparing a report must provide the parent with a copy of the brochure required by the cited statutes.

All adoption assessors, who meet 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 brochure prepared pursuant to Sections 3107.082 and 3107.083 of the Ohio Revised Code.

CRITICAL

Service

Mail

When directed to serve unknown parties by certified mail, the Clerk must not use restricted delivery.

If the Clerk is directed to serve unknown parties by certified mail, the Clerk shall not make it “restricted delivery”

CRITICALCivil cases

The filing party must provide proof of service for every document that must be served, consistent with the applicable Ohio rule.

Proof of service of all documents required to be served must be provided by the filing party in compliance with Civil Rule 5(B)(4) and Criminal Rule 49.

CRITICALCivil cases

The financial statement must also be served on the adverse party.

In addition to being served on the adverse party, that financial statement shall be filed with the Clerk of Court.

CRITICALCivil cases

Applies to

Protection order packet

The Deputy Clerk must distribute the petition, order, and Form 10-A packet to the Morrow County Sheriff’s Office.

The Deputy Clerk will distribute a copy of the petition, order, and Form 10-A (known as the Protection Order packet) to the Morrow County Sheriff’s office.

CRITICALCivil cases

A request to serve a paper under the Ohio Rules of Civil Procedure must include a time-stamped copy of that paper.

Any request for service of a complaint, motion, order, or other paper requiring service pursuant to the Ohio Rules of Civil Procedure shall be accompanied by a time-stamped copy of the paper to be served.

CRITICALCivil cases

A minor may not sign a waiver of notice, and no one may sign one on behalf of a minor who is 16 or 17.

A waiver of notice may not be signed by any minor, or on behalf of a minor sixteen (16) or seventeen (17) years of age.

CRITICALCivil cases

A filer must serve a paper copy on each party or counsel who does not receive the e-filing system’s notice.

As a result, any filer must serve a paper copy of the e- filed document on all parties to the case or their counsel to whom the clerk’s e-filing system does not send the Notification of Electronic Filing.

CRITICALCivil cases

Give the guardian of the estate notice of the fee application; the guardian may waive hearing notice and consent to payment.

Notice of the application for fees shall be given to the guardian of the estate. The guardian of the estate may waive notice of the hearing and consent to the payment of fees.