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

CRITICAL

A filer may not transmit service copies by fax.

The filer shall not transmit service copies by facsimile.

CRITICAL

Service

Publication

Service by publication must be made by posting unless the Court orders otherwise.

Pursuant to Ohio Juvenile Rule 16(A), service by publication shall be made by posting, unless otherwise ordered by the Court.

CRITICAL

Applies to

Summons and accompanying pleadings

Service

Mail

The Clerk must mail the summons and accompanying pleadings by ordinary mail with address correction requested and obtain a certificate of mailing.

The clerk shall cause the summons and accompanying pleadings to be mailed by ordinary mail, address correction requested, to the last known address of the party to be served and shall obtain a certificate of mailing.

CRITICAL

Applies to

Summons and accompanying pleadings

Service

Mail

If the Clerk receives a corrected or forwarding address during the seven-day posting period, the Clerk must mail the summons and accompanying pleadings to that address.

If the clerk is notified of a corrected or forwarding address of the party to be served within the seven-day period that notice is posted, the clerk shall cause the summons and accompanying pleadings to be mailed to the corrected or forwarded address.

CRITICAL

Service

Publication

Service by posting is complete upon the entry of posting.

Service shall be complete upon the entry of posting.

CRITICAL

Applies to

Entry of appearance

An attorney retained to represent a party must immediately file a written Entry of Appearance and provide a copy to other counsel of record and unrepresented parties.

Each attorney retained to represent a party in the Juvenile Court shall immediately file a written Entry of Appearance with the Court, and provide a copy of the Entry to all other counsel of record in the case and any unrepresented parties.

CRITICAL

Motions for continuances must be served on all other parties.

All motions for continuances shall state the reasons for the request and shall be filed with the Clerk’s Office no later than 14 days before the hearing sought to be continued and served upon all other parties.

CRITICAL

The Clerk must attach the Mutual Restraining Order to the summons and serve both documents on Defendant simultaneously.

The Clerk of Courts shall attach a copy of the MUTUAL RESTRAINING ORDER to the summons so that both documents shall be served simultaneously upon Defendant.

CRITICAL

Service

Court service to all parties

The Clerk must serve a date-stamped judgment entry on all parties who have appeared and their counsel forthwith.

The Clerk shall serve a date-stamped copy of the entry on all parties who have appeared, and their counsel, forthwith.

CRITICAL

Proof of service for filed pleadings and other writings must comply with Civil Rule 5, and each certificate must identify everyone served by name, address, and applicable email address.

Proof of service of all pleadings, motions briefs, memoranda or other writing filed with the Court shall be in accordance with Civ. R. 5. Each certificate of service shall state the name, address and email address (if applicable) of all persons served.

CRITICAL

When a case is assigned to a Visiting Judge, the filing party must send the judge a copy of all pleadings by the judge’s preferred method, mail or email, and note the service in the certificate.

Where a case is assigned to a Visiting Judge, a copy of all pleadings shall be mailed or emailed (per the preference of the Visiting Judge) to the Visiting Judge, by the filing party. Said service shall be noted in the certificate of service.

CRITICAL

The specified discovery requests must be served on opposing counsel or parties under the applicable rules and must not be filed with the Court.

Interrogatories under Civ. R. 33, Requests for Production or Inspection under Civ. R. 34 and Requests for Admissions under Civ. R. 36, shall be served upon opposing counsel or parties in accordance with such rules, but shall not be filed with the Court.

CRITICAL

Applies to

Proposed findings conclusions

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provision of Civil Rule 52, the party requesting such statement shall, within seven (7) days after the receipt of notice of the Court's decision, submit to the Court a statement of proposed findings of fact and conclusions of law and shall serve copies thereof to all opposing parties or their counsel.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provision of Civil Rule 52, the party requesting such statement shall, within seven (7) days after the receipt of notice of the Court's decision, submit to the Court a statement of proposed findings of fact and conclusions of law and shall serve copies thereof to all opposing parties or their counsel.

CRITICAL

Responding briefs must be served so opposing counsel actually receives them and filed with the Court by noon on the Friday immediately before trial; noncompliance may constitute waiver.

Responding briefs shall be served so as to actually be received by opposing counsel and filed with the Court no later than noon the Friday immediately before trial. FAILURE TO COMPLY MAY CONSTITUTE A WAIVER.

CRITICAL

Applies to

Jury view instructions

Instructions for the view shall be in writing, served on opposing counsel and filed with the Court fourteen (14) days before trial.

Instructions for the view shall be in writing, served on opposing counsel and filed with the Court fourteen (14) days before trial.

CRITICAL

Applies to

Jury view instructions

Any party’s counsel may file additional written jury-view instructions if they are served so opposing counsel actually receives them and they are filed by noon the day before trial.

Counsel for any party may file additional instructions for the view, provided they are in writing and served, so that they are actually received by opposing counsel and filed with the Court not later than noon on the day before trial.

CRITICAL

Applies to

Jury instructions

Requested jury instructions, interrogatories, and verdict forms must be served on opposing counsel and filed with the Court fourteen days before trial.

e. Jury Instructions/Interrogatories. Request Jury Instruction, Interrogatories and Verdict Forms shall be served on opposing counsel and filed with the Court fourteen (14) days before trial.

CRITICAL

Copies of exhibits must be served on opposing counsel by the day before trial.

Copies of exhibits shall be served on opposing counsel no later than the day before trial.

CRITICAL

A person granted permission to appear by telephone must contact every other attorney and self-represented litigant and give them the opportunity to participate by telephone.

Any attorney or self-represented litigants who is granted permission to appear via telephone must contact each and every other attorney/self-represented litigants, and provide him/her the opportunity to participate via telephone.

CRITICAL

For a temporary restraining order or other urgent-relief hearing, the moving party must notify the opposing party or counsel in a manner calculated to provide actual, timely notice under the Civil Rules.

The moving party shall contact the Assignment Commissioner to obtain the hearing date and time, and thereafter notify the opposing party or his counsel in an appropriate manner calculated to give actual, timely notice of the hearing pursuant to the Civil Rules.

CRITICAL

The prosecutor must provide any plea offer to the defendant at least seven days before the pretrial conference.

The prosecutor shall provide a plea offer, if any, to the defendant at least seven (7) days prior to the pretrial conference.

CRITICAL

Motions in limine, deposition objections to be used at trial, and supporting briefs must be served on opposing counsel five days before trial.

Motions in Limine and Objections in Depositions to be used in trial and briefs in support shall be served on opposing counsel and filed with the Court five (5) days before trial.

CRITICAL

Responding briefs shall be served so as to actually be received by opposing counsel and filed with the Court no later than the Friday before trial.

Responding briefs shall be served so as to actually be received by opposing counsel and filed with the Court no later than the Friday before trial.

CRITICAL

Jury-view instructions must be written and served on opposing counsel 14 days before trial.

Instructions for the view shall be in writing, served on opposing counsel and filed with the Court fourteen (14) days prior to trial.

CRITICAL

Except for rebuttal exhibits, counsel must mark and exchange exhibits no later than one-half hour before trial begins.

Exhibits, except rebuttal exhibits, shall be marked and exchanged by counsel not later than one half hour before trial commences.

CRITICAL

Each party must serve opposing counsel with a copy of its proposed exhibits before trial.

A copy of each party's proposed exhibits shall be served on opposing counsel before trial.

CRITICAL

Jury instructions and interrogatories must be served on opposing counsel no later than the final pretrial.

Jury Instructions and Interrogatories shall be served on opposing counsel and filed with the Court no later than the final pretrial.

CRITICAL

Service

Mail

The Clerk must send the identified notice to each court by ordinary U.S. mail.

Such Notice shall be sent via ordinary US mail.

CRITICAL

Post-conviction petitions must be served on opposing counsel.

Petitions shall be served on opposing counsel.

CRITICAL

Service

Mail

The Clerk must mail each defendant a copy of the judgment entry by registered or certified mail to the address in the complaint.

The Clerk shall notify the defendant or defendants by mailing a copy of the judgment entry by registered or certified mail at the address set forth in the complaint.

CRITICAL

If the title evidence identifies necessary parties who are not defendants, the filing party’s attorney must promptly have those parties added and served.

Where the evidence of title indicates that necessary parties have not been made defendants, the attorney for the party filing the same shall proceed without delay to cause such new parties to be added and served.

CRITICAL

Applications for compensation for receivers or their attorneys may be made only after prior notice to creditors and other interested persons as directed by the Court.

Applications for allowance of compensation to receivers or attorneys for receivers shall be made only upon prior notice to creditors and other persons in interest as the Court may direct.

CRITICAL

The parties must immediately notify the Chairman and Assignment Commissioner of any settlement or dismissal.

The parties are required to notify the Chairman and the Assignment Commissioner immediately of settlement or dismissal.

CRITICAL

Applies to

Settlement and dismissal entry

When a case is settled or dismissed more than two days before the hearing, the parties must serve the Assignment Commissioner with a copy of the Settlement & Dismissal Entry and notify the arbitrators of the settlement.

In the event that a case is settled or dismissed more than two (2) days prior to the date of hearing, the parties shall file the standard Settlement & Dismissal Entry, shall serve the Assignment Commissioner with a copy, and shall notify the arbitrators of the settlement.

CRITICAL

Written or documentary evidence must be served on opposing parties or counsel at least seven days before the hearing, unless counsel agree otherwise.

All written or documentary evidence as listed above must be served upon the adverse parties or their counsel at least seven (7) days before the hearing, unless counsel otherwise agree.

CRITICAL

Copies of the Report and Award must be mailed or otherwise forwarded to all parties or counsel on the day it is filed.

Within ten (10) days after the hearing, the Chairman shall file a Report and Award with the Clerk of Courts and the Assignment Commissioner, and on the same day shall mail or otherwise forward copies to all parties or their counsel.

CRITICAL

Applies to

Notice of appeal

The appellant must serve the Notice of Appeal and affidavit on all parties or their counsel and the Assignment Commissioner.

Appellant shall serve a copy of the Notice of Appeal and Affidavit upon all parties or their counsel and the Assignment Commissioner.

CRITICAL

Copies of filed exceptions must be served on each arbitrator within three days, and the matter must then be assigned promptly for a hearing before the Judge.

Copies of the exceptions shall be served upon each arbitrator within three (3) days after filing and shall be forthwith assigned for hearing before the Judge to conduct a hearing thereon.

CRITICAL

Certified copies of a Civil Protection Order will be provided to the Petitioner, the Ottawa County Sheriff for service on the Respondent, and other relevant agencies or persons.

Certified copies of the Order will be given to Petitioner, the Ottawa County Sheriff for service on Respondent and all other relevant agencies/persons.

CRITICAL

Plea agreement documents must be provided to Defendant's counsel at least one week before the scheduled plea hearing.

All plea agreement documents must be provided to Defendant's counsel and submitted to the Court at least one (1) week prior to the scheduled plea hearing date.

CRITICAL

Counsel must exchange all exhibits with all other counsel and self-represented parties.

Counsel are ordered to exchange all exhibits with all other counsel/pro se parties.

CRITICAL

The Clerk must provide written notice to the Petitioner and the Department of Rehabilitation and Corrections.

The Clerk is HEREBY ORDERED to provide written notice to Petitioner and the Department of Rehabilitation and Corrections.

CRITICAL

Applies to

Fingerprint card and dismissal entry

Service

Mail to agency

Clerk of Courts staff must mail the fingerprint card and dismissal entry to BCI, or provide the individual’s personal identifying information if the card is unavailable.

Clerk of Courts staff shall provide a copy of the fingerprint card and the dismissal entry to the Bureau of Criminal Investigation (BCI) by mail. - If a fingerprint card is unavailable, Clerk of Courts staff shall provide personal identifying information for the individual to BCI.

CRITICAL

Service

Mail to agency

After disposition in Municipal Court, the case must be dismissed in the Court of Common Pleas, and the Clerk must mail BCI a copy of the fingerprint card and dismissal entry.

Upon disposition in Municipal Court, the case shall then be dismissed in the Court of Common Pleas. Clerk of Courts staff shall provide a copy of the fingerprint card and dismissal entry to BCI by mail.

CRITICAL

Service

Mail to agency

For a case transferred to a court in another county, the Clerk must mail BCI the transfer judgment entry and fingerprint card.

If a case is transferred to a court in another county, Clerk of Courts staff shall provide the judgment entry transferring the case, along with the fingerprint card, to BCI by mail.

CRITICAL

Service

Mail to agency

When weapons-disability relief is granted, the Clerk must mail BCI the judgment entry and fingerprint card.

When relief from weapons disability is granted, Clerk of Courts staff shall provide the judgment entry granting relief and the fingerprint card to BCI by mail.

CRITICAL

If an ex parte protection order remains unserved, the Clerk must generate a Failure of Service Notice and provide copies to all parties of record.

If an ex parte protection order remains unserved, Clerk of Courts staff generates a Failure of Service Notice and provides copies to all parties of record.

CRITICAL

Service

Mail to agency

When a case is ordered sealed or expunged, the Court must identify the agencies to be notified, and the Clerk must notify each agency by certified mail.

When a case is ordered sealed or expunged, the Court shall issue an order identifying the agencies to be notified. - Clerk of Courts staff shall notify each agency as ordered by certified mail.

CRITICAL

Applies to

Necessary papers

Service

Personal service

The court investigator must personally serve all necessary papers on the proposed ward.

(A) The Court shall appoint an employee of the probate or juvenile court to serve as a court investigator. It shall be the duty of the investigator to personally serve all necessary papers upon the proposed ward and to conduct an investigation as to the suitability of the proposed guardian.

CRITICAL

Proof of service must consist of waivers, photocopies of original signed certified mail return receipt cards, or, when applicable, postal certificates of mailing under Civ.R. 73(E)(3).

Proof of service shall consist of either waivers, photocopies of original signed certified mail return receipt cards, or when applicable, postal certificates of mailing, as provided under Civ.R. 73(E)(3).

CRITICAL

A minor or person under disability may not waive notice unless otherwise prescribed by law.

Neither a minor nor a person under disability may waive notice unless otherwise prescribed by law (see Civ. R. 4.2(A).

CRITICAL

Creditors must present estate claims in writing to the executor or administrator, with the option of also sending a copy to the Probate Court.

(A) All creditors having claims against the estate shall present their claims in either of the following ways: (1) In writing to the executor or administrator; or (2) In a writing to the executor or administrator with a copy being sent to the Probate Court.

CRITICAL

Service

Mail to all parties

For a public sale, the plaintiff must mail notice of the time and place of sale to all defendants at their last known addresses at least three weeks before the sale.

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

CRITICAL

The Court will not issue an order of sale unless the Civil Rules have been followed regarding service of process and defendants’ answers.

No order of sale shall be issued by the Court unless the Rules of Civil Procedure have been complied with regarding service of process and answers by defendants.

CRITICAL

Service

Personal service

A Probate Court Investigator must personally serve the prospective ward within seven days of the hearing date.

(A) A Probate Court Investigator shall personally serve the prospective ward within seven (7) days of the hearing date.

CRITICAL

Applies to

Notice of hearing

Service

Personal service

A ward who is at least 14 years old must come to Court to be personally served with the Notice of Hearing.

(E) If the ward is fourteen (14) years of age or over, the ward must come into the Court to be personally served with a copy of the Notice of Hearing.

CRITICAL

Applies to

Application to terminate guardianship of minor

An application to terminate a minor’s guardianship requires notice to the persons designated in R.C. 2111.04 and anyone else who received actual notice of the original appointment.

(F) An application to terminate a guardianship of a minor requires notice to all persons designated in R.C. 2111.04 and any other individuals who received actual notice of the original appointment of the guardian.

CRITICAL

The Court must notify counsel of record or a pro se party of the pretrial conference by mail and/or telephone at least 14 days beforehand.

(C) The Court shall give notice of the pretrial conference to all counsel of record or pro se party by mail and/or telephone not less than fourteen (14) days prior to the conference.

CRITICAL

Copies of correspondence sent to the Court must be mailed or furnished to the other counsel or party, and the correspondence must identify the recipients of those copies.

(A) Copies of all correspondence addressed to the Court by any party or counsel shall be mailed or furnished to other counsel or party in the case, and the correspondence to the Court shall disclose to whom copies were furnished.

CRITICAL

Service

Mail

Service of process by certified mail may be perfected, if needed, through USPS “Track and Confirm” verification, which must be filed and made part of the record.

(A) Service of process by certified mail, return receipt requested, pursuant to Civil Rules 4.1, 4.3 and 4.5 may be perfected, if needed, through a “Track and Confirm” verification by the United States Postal Service. Said verification shall be filed and made part of the record.

CRITICAL

Applies to

Affidavit

Each party must file and serve an affidavit with that party’s first pleading in every parenting proceeding.

NOTE: By law, an affidavit must be filed and served with the first pleading filed by each party in every parenting (custody/visitation) proceeding in this Court.

CRITICALCivil cases

Service

Court service

The Clerk must serve the Defendant with the summons, specified filed documents and forms, all other documents filed by the Plaintiff, and blank DR-1 and DR-2 forms.

2. The Clerk shall serve the Defendant with a copy of the following: (a) Summons; (b) Complaint, Motion for Temporary Orders with attached affidavit, and copies of Court Forms DR-1 and DR-2; (c) All other documents filed by the Plaintiff; (d) Blank Court Forms DR-1 and DR-2;

CRITICALCivil cases

Service

Mail to opposing party

The Defendant must mail copies of all filed documents to Plaintiff's counsel or, if Plaintiff is unrepresented, to Plaintiff.

NOTE: The Defendant shall provide a copy of all filed documents, by ordinary mail, to Plaintiff's counsel or to Plaintiff (if unrepresented).

CRITICALCivil cases

Applies to

Trial brief

Trial briefs must be provided to opposing counsel.

All trial briefs shall be provided to opposing counsel.

CRITICALCivil cases

If the Defendant has not been served with the required documents within 90 days after filing, Plaintiff's counsel will be notified that the case will be dismissed on a specified date unless service is completed.

If the Defendant has not been served with the Complaint and/or Motion and Summons and other required documents within ninety (90) days of the filing thereof, notice will be sent to counsel for the Plaintiff that the case will be dismissed on a date certain unless service has been completed.

CRITICALCivil cases

At a domestic hearing concerning the reasonableness or necessity of work, a duly signed medical report is sufficient and admissible if properly served on opposing counsel within seven days before the hearing.

In any type of domestic hearing concerning the reasonableness or the necessity of the work to be done, a medical report duly signed by the physician or other supplier of medical-related services shall be sufficient and be admitted into evidence at said hearing, if properly served on the opposing counsel within seven (7) days before hearing.

WARNING

(16) A guardian ad litem shall perform responsibilities in a prompt and timely manner, and, if necessary, an attorney guardian ad litem may request timely court reviews and judicial intervention in writing with notice to parties or affected agencies.

(16) A guardian ad litem shall perform responsibilities in a prompt and timely manner, and, if necessary, an attorney guardian ad litem may request timely court reviews and judicial intervention in writing with notice to parties or affected agencies.

WARNING

Applies to

Guardian ad litem statement and accounting

A guardian ad litem paid by the court or a party must provide a copy of the itemized statement and accounting to each party or other entity responsible for payment.

(17) A guardian ad litem who is to be paid by the court or a party, shall keep accurate records of the time spent, services rendered, and expenses incurred in each case and file an itemized statement and accounting with the court and provide a copy to each party or other entity responsible for payment.

WARNING

Service

Mail

The probation officer must notify the juvenile and parent of the submitted restitution amount by ordinary mail.

The probation officer will notify the juvenile and parent of the amount submitted by ordinary mail.

WARNING

Applies to

Pleading

A copy of every pleading in a criminal case must be provided to the Adult Probation Department.

A copy of all pleadings in criminal cases shall be provided to the Adult Probation Department.

WARNING

Applies to

Order

The Clerk must immediately send signed orders, judgment entries, and other signed pleadings in the General and Domestic Relations Division to all parties or counsel of record upon filing or docketing.

All Orders/Judgment Entries or other pleadings signed by a Judge or Magistrate in the General and Domestic Relations Division shall be sent by the Clerk to all parties/counsel of record immediately upon filing/docketing.

WARNING

The party seeking review should contact the Assignment Commissioner to obtain the hearing date and time and thereafter, notify the opposing party of his counsel in an appropriate manner calculated to give actual, timely notice of the hearing.

The party seeking review should contact the Assignment Commissioner to obtain the hearing date and time and thereafter, notify the opposing party of his counsel in an appropriate manner calculated to give actual, timely notice of the hearing.

WARNING

In the described summary-insolvency procedure, each creditor not paid in full must be notified by letter or otherwise, but proof of notification is not required.

Creditors shall be paid in accordance with R.C. 2117.25. Each creditor who has not received payment in full shall be notified by the attorney or applicant by letter or otherwise. Proof of notification is not required.

WARNING

When applying the insolvency exception to an estate in full administration, creditors must be notified by letter or otherwise, but proof of notification is not required.

Creditors shall be notified by letter or otherwise. Proof of notification is not required when applying this exception to the insolvency proceeding.

WARNINGCivil cases

Service

Court service

In cases authorized by Ohio Civil Rule 4.4(A)(2), the Clerk may post service instead of other service at the Courthouse and the two listed Bureau of Motor Vehicles locations.

(C) Pursuant to Rule 4.4(A)(2) of the Ohio Rules of Civil Procedure, the Clerk, in lieu of other service and in cases authorized by said Rule, may post service in a conspicuous place in the Courthouse and in the following two (2) public places within the County: (1) Bureau of Motor Vehicles, Oak Harbor, Ohio; (2) Bureau of Motor Vehicles, Port Clinton, Ohio.

INFO

As a courtesy, counsel requesting an extension should orally notify opposing counsel, request consent, and note whether consent was given.

As a courtesy to opposing counsel, counsel requesting the extension shall orally notify opposing counsel(s), request consent thereto and note whether opposing counsel consents to the motion.

INFO

As a courtesy, counsel requesting a continuance should orally notify opposing counsel, request consent, and note whether consent was given.

As a courtesy to opposing counsel, counsel requesting the continuance shall orally notify opposing counsel(s), request consent thereto and note whether opposing counsel consents to the motion.

INFO

If a hearing is scheduled on an attorney-fee application, notice may be given to affected parties unless the Court orders otherwise.

(F) If a hearing is scheduled on an application for the allowance of attorney fees, notice may be given to all parties affected by the payment of fees, unless otherwise ordered by the Court.

CRITICAL

Service

Publication

The Clerk may post service in the Courthouse and specified public locations; if notice is posted, it must contain newspaper-publication information, remain posted for seven consecutive days, and be recorded on the docket afterward.

The Clerk may post service in a conspicuous place in the Courthouse and in the following public place within the county: 1.) Ottawa County Municipal Court, Port Clinton, Ohio; and 2.) Ottawa County Department of Job and Family Services, Port Clinton, Ohio The notice shall contain the same information required to be contained in a newspaper publication. The notice shall be posted in the required locations for seven consecutive days. After the seven days of posting, the clerk shall note on the docket where and when notice was posted.