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

CRITICAL

If summons is not served within 180 days of issuance, the complaint shall be dismissed without prejudice on the Court’s own motion.

4. If service of summons is not made within one hundred and eighty (180) days from the date of issuance, the complaint shall be dismissed without prejudice on the Court’s own motion.

CRITICAL

Plaintiff’s counsel must give all counsel of record and appearing unrepresented parties at least 14 days’ notice of the status hearing.

Plaintiff’s counsel shall give at least fourteen days’ notice of the status hearing to all counsel of record and/or parties not represented by counsel who have entered an appearance.

CRITICAL

A copy of the Motion to Continue must be served on all counsel and unrepresented parties, and a certificate of service must be filed with the motion.

In all cases, a copy of the “Motion to Continue” shall be served upon all counsel and any party not represented by counsel. A certificate of service shall be filed with the Motion.

CRITICAL

Notice of counsel substitution must be sent to all attorneys and unrepresented parties.

Notice shall be sent to all attorneys and all unrepresented parties.

CRITICAL

Service

Publication

After an affidavit is filed, the clerk must arrange publication by conspicuous posting in a specified or similar newspaper at least seven days before the hearing.

4.5 Pursuant to O. Juv. R. 16(A) service by publication shall be made by posting and mailing. Upon the filing of an affidavit, the clerk shall cause service of notice to be made by posting in the Perry County Tribune or the Times Recorder or any such notable newspaper. The notice shall be posted in the required locations in conspicuous place and manner seven (7) days prior to the date of the hearing. The clerk shall also cause the summons and pleadings to be mailed by ordinary mail, address correction requested, to the last known address of the party to be served, and obtain a certificate of mailing from the United States Postal Service.

CRITICAL

Proof of service must consist of either waivers of probate of the will or original certified-mail receipt cards.

Proof of service shall consist of either waivers of the probate of the will or original certified mail receipt cards.

CRITICAL

The GAL must provide any written amendment to a GAL report to all counsel.

D) Any written amendment to a GAL Report must be filed seven (7) days before a hearing unless otherwise permitted by the presiding Judge or Magistrate, and shall be provided to all counsel by the GAL.

CRITICAL

Service

Publication

Proceedings and notices that must be published by law are to be published in the Perry County Tribune.

The Perry County Tribune is designated as the law journal in which proceedings and notices that are required by law to be published.

CRITICAL

Applies to

Child support order

When a child support order is filed, a copy and any required information must be furnished to the Child Support Enforcement Agency.

Upon the filing of an order for child support, a copy of such order shall be furnished to the Child Support Enforcement Agency. The agency shall also be furnished with such necessary information as may be required on forms to be provided by the Agency.

CRITICAL

The attorney or fiduciary must obtain required waivers and send copies of the will to those legally required to waive.

The attorney or fiduciary is responsible for obtaining the waivers of probating the will and sending copies of the will to those required to waive by law.

CRITICAL

When a child- or spousal-support order is filed, furnish a copy and any required information to the Child Support Enforcement Agency using its forms.

Upon the filing of an order for child support or spousal support, a copy of such order shall be furnished to the Child Support Enforcement Agency. The Agency shall also be furnished with such necessary information as may be required with forms to be provided by Agency.

CRITICAL

The attorney filing the complaint and motion must notify all necessary parties and attorneys of record of the hearing time.

It is the responsibility of the attorney filing the Complaint and Motion to notify all necessary parties and attorneys of record of the time of the hearing.

CRITICAL

The attorney filing the Complaint and Motion for the emergency hearing must notify all necessary parties and attorneys of record.

A) In any case in which an emergency hearing is requested for removal of a child from a placement alleged to be dangerous pursuant to ORC 2151.31, the Court shall set a time for emergency hearing the next business day or no later than seventy-two (72) hours from the request. It is the responsibility of the attorney filing the Complaint and Motion to notify all necessary parties and attorney(s) of record.

CRITICAL

If an electronic 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

Applies to

Motion to continue trial assignment date

Serve the motion to continue on all counsel and unrepresented parties, and file a certificate of service with the motion.

In all cases, a copy of the “Motion to Continue the Trial Assignment Date” shall be served upon all counsel and any party not represented by counsel. A certificate of service shall be filed with the motion.

CRITICAL

At the end of each hearing, the Court must give the listed people written notice of the next hearing’s date, time, and place; mailed notice is unnecessary if written notice was given at the end of the immediately preceding hearing.

Upon the conclusion of each hearing, the Court shall provide written notice to the Prosecuting Attorney, the child’s Attorney, the child’s Guardian Ad Litem, and the child’s Parents, Guardian, or Custodian of the date, time and place of the next scheduled hearing. Mailed notice shall not be required for any party or other individual designated in this rule to whom notice of the next hearing was provided in writing upon conclusion of the immediately preceding hearing.

CRITICAL

Service

Court service

The Court will serve the proposed ward’s adult children with the hearing date and time unless notice is waived.

The Court will serve them with notice of the time and date of the hearing, unless the notice is waived.

CRITICAL

The applicants’ attorney must provide the financial institution with a copy of the Court entry.

The attorney representing the applicants shall acknowledge responsibility for depositing the funds and providing the financial institution with a copy of the Court entry.

CRITICAL

Service

Court service

A filer must provide the Clerk with sufficient copies of any pleading, motion, or document to be served by the Clerk or Sheriff.

Sufficient copies of every pleading, motion, or document to be served by the Clerk or Sheriff shall be filed with the Clerk.

CRITICAL

The Court will not approve an attorney’s withdrawal entry until notice has been given to the client, all attorneys, and all unrepresented parties.

The Court shall not approve an entry until the following conditions have been followed: (1) Notice has been given to the client; (2) Notice has been given to all attorneys and unrepresented parties.

CRITICAL

A copy of the inventory must be sent to every heir entitled to notice by law.

A copy of the inventory is to be sent to all heirs entitled to notice by law.

CRITICAL

Opposing counsel or parties must serve a response memorandum within 14 days after the service date stated on the motion’s attached certificate of service.

Opposing counsel or parties shall serve the response memorandum no later than fourteen days after the date of service as stated on the certificate of service that is attached to the served copy of the motion.

WARNING

Applies to

Summons

Service

Court service

When issuing summons in a civil action under Civ. R. 4, the Court includes only the summons and a copy of the complaint.

When the Court issues services of summons on the defendant(s) in a civil action pursuant to Civ. R. 4, the Court will only include the summons and a copy of the complaint.

WARNING

Applies to

Audio recording request

The party requesting access to an audio recording must notify all other parties and attorneys of record, bearing in mind that recordings may include off-the-record communications and statements.

Notice must be given by requesting party to all other parties and attorneys of record with the understanding that audio recordings may include what is considered “off the record” communications and statements by the attorneys and clients.

WARNING

The Court accepts internet electronic receipts as proof of USPS certified-mail service only when a paper form of service is unavailable.

The Court shall accept electronic receipts as proof of service for certified mail from the United States Postal Service via internet only when paper form of service is not available.

INFO

A surviving spouse may waive service of the citation by filing a written waiver.

A surviving spouse may waive service of the citation required under section 2106.01(A) of the Revised Code by filing a written waiver of citation.

INFO

In delinquency and traffic cases, counsel may, with Judge or Magistrate approval, waive defects in the time, place, or manner of service.

d. In delinquency and traffic cases, upon the approval of the Judge or Magistrate, counsel may waive the child’s appearance, waive any defects in time, place, or manner of service, and enter a denial.

INFO

Court rulings and notices will be placed in the designated box for each counsel or office in the Assignment Commissioner’s office.

Copies of rulings and notices of the Court shall be placed in the box provided for each counsel or office in the office of the Assignment Commissioner.

INFO

Service

Mail

Copies of Court rulings and notices will be mailed to out-of-town counsel identified on the most recent pleading.

Copies will be mailed to out of town counsel stated on the most recent pleading.