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

CRITICAL

PCJFS must provide discovery within 30 days of the earlier specified appearance or counsel event, by mail or through a mutually agreed electronic platform.

After the filing of a Complaint alleging that a minor child is abused, neglected, or dependent, Pickaway County Jobs and Family Services (hereinafter “PCJFS”) shall provide discovery to the parties or counsel for the parties within thirty (30) days of a party’s first appearance in court or the appointment or retention of counsel for a party, whichever occurs first. Discovery shall be provided either by mail or remotely through a mutually agreed upon electronic platform and shall include:

CRITICAL

Applies to

Response to summary judgment motion

A response to a summary-judgment motion must be served within 28 days after service of the motion.

Pursuant to Civ.R. 6(C)(1) responses to motions for summary judgment shall be served within twenty-eight (28) days after service of the motion.

CRITICAL

Service

Publication

The publisher or its agent must file an affidavit of publication and provide the Court a copy of the notice; those documents constitute proof of service.

The publisher or the publisher’s agent shall file an affidavit stating that the notice by publication was published and provide a copy of the notice to the Court. This affidavit and the copy of the notice will constitute proof of service by publication.

CRITICAL

An appointed process server must conduct themself professionally while serving process.

I will conduct myself in a professional manner when engaged in serving process.

CRITICAL

Applies to

Initial pleadings

Initial pleadings must be served in all divorce actions.

All Divorce actions require service of the initial pleadings.

CRITICAL

Filers must not transmit service copies by facsimile.

The filer shall not transmit service copies by facsimile.

CRITICAL

Service

Publication

The hearing must be at least seven days after newspaper publication, and the newspaper publication must occur once.

The date for hearing shall not be less than seven (7) days after the date of publication in a newspaper of general circulation. The publication shall be posted once.

CRITICAL

Applies to

Exhibit and cover sheet

The exhibit and cover sheet must be served under the rules governing service of pleadings.

The exhibit and cover sheet shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

CRITICAL

A motion to remove a custody evaluator must be provided to all parties and the evaluator.

The motion shall be provided to all parties and the custody evaluator.

CRITICAL

Applies to

Application to terminate guardianship

A minor-guardianship termination application, except one terminating the guardianship by operation of law, requires notice to the persons specified in Section 2111.04 and anyone who received actual notice of the original appointment.

Applications to terminate a guardianship of a minor, other than as an operation of law, require notice to all persons designated in Ohio Revised Code Section 2111.04 and any other individual who received actual notice of the original appointment of the guardian.

CRITICAL

Service

Publication to opposing party

The clerk must post the specified motion, affidavits, and notices for the defendant in the court website’s Public Notices section.

1. Post copies of the Motion, Affidavit in Support of Temporary Custody, Parenting Proceeding Affidavit, Notice of Final Hearing, and Notice of Posting upon Defendant, ***, the father/mother of *.*., DOB *** on the Pickaway County Juvenile Court website, in the section designated as “Public Notices”.

CRITICAL

Service

Mail

The clerk must mail the complaint and summons by ordinary mail to the last known address, obtain USPS mailing certification, mail to any timely corrected or forwarding address, and record each mailing in the docket.

4. The clerk shall also cause the complaint and summons to be mailed by ordinary mail, address correction requested, the person’s last known address. The clerk shall obtain a certificate of mailing from the USPS. If the clerk is notified of a corrected or forwarding address within the six-week period that notice is posted, the clerk shall cause the complaint and summons to be mailed to the corrected or forwarding address. The clerk shall note the name, address, and date of each mailing in the docket.

CRITICAL

Applies to

Notice of probate of will

Proof of service of the Notice of Probate of Will must be provided in a manner authorized by Civil Rule 73(E).

Proof of the Certificate of Service of Notice of Probate of Will as required by Section 2107.19(A)(4) of the Revised Code shall be provided by such manner as authorized by CIV. R. 73 (E).

CRITICAL

Service

Mail

Upon receiving a guardianship comment or complaint, the clerk must promptly send a copy by regular U.S. mail to the guardian concerned.

Upon receipt of the comment or complaint, the clerk shall forthwith send a copy of the comment or complaint by regular US mail to the guardian who is the subject of the comment or complaint.

CRITICAL

Service

Publication

A request for service by publication by posting and mail shall be submitted at least twenty (20) days before the date and time of the hearing stated in the notice.

A request for service by publication by posting and mail shall be submitted at least twenty (20) days before the date and time of the hearing stated in the notice.

CRITICAL

Service

Mail

The clerk must record the name, address, and date for each mailing in the docket.

The clerk shall note the name, address, and date of each mailing in the docket.

CRITICAL

The party who submitted a proposed order entered by the Court must serve it on the receiver or counsel and the specified parties, and must file proof of service.

The party who submitted a proposed order entered by the Court is responsible for serving it upon the receiver or receiver’s counsel and upon all parties who have appeared, or for whom service of process remains underway. Proof of service must be filed by the party making service.

CRITICAL

A person seeking appointment to serve process must hold valid government-issued identification, a passport, or a driver's license.

I hold a valid government-issued identification card, passport, or driver's license.

CRITICAL

A copy of comments or complaints submitted to the Judge must be provided to the evaluator who is their subject.

A copy of comments and complaints submitted to the Judge shall be provided to the custody evaluator who is the subject of the complaint or comment.

CRITICAL

Service

Publication

Service is complete when the entry of posting is made.

Service shall be complete upon the entry of posting.

CRITICAL

A person seeking appointment to serve process must be familiar with the required service-of-process procedure.

I am familiar with the required procedure for service of process.

CRITICAL

Applies to

Extension motion and memorandum

The extension motion and memorandum must be served on opposing counsel, and the assigned judge fixes the hearing time.

The motion and memo shall be served upon opposing counsel and the matter shall be heard at a time to be fixed by the judge to whom the case is assigned.

CRITICAL

The receiver must give notice of the appointment to all known creditors.

give notice to all known creditors of the receiver’s appointment;

CRITICAL

Service

Publication

After publication, the publisher or its agent must file an affidavit of publication and a copy of the publication notice with the court.

After publication, the publisher or its agent shall file with the court an affidavit showing the fact of publication together with a copy of the notice of publication.

CRITICAL

PCJFA and all parties must continue supplementing their disclosures after the initial adjudication and final disposition hearing and the specified finding.

PCJFA and all parties have a continuing duty to supplement their disclosures after the initial adjudication and final disposition hearing and a finding that the child is an abused, neglected, or dependent duty.

CRITICAL

Parties and their counsel must provide reciprocal discovery to PCJFS within 15 days after receiving its discovery and continue providing additional discovery acquired after that cutoff through the hearing.

Parties and/or counsel for parties have a reciprocal duty to provide PCJFS with discovery as forth in subsection (A) no more than fifteen (15) days after receiving discovery from PCJFS. Parties and/or counsel for parties have a continuing duty to provide any additional discovery that may be acquired after the fifteen (15) day cut off up to the time of the hearing.

CRITICAL

The Court must immediately attempt to inform all parties’ attorneys of a media request, using telephone or in-person notification if there is not time to notify by mail.

(B) The Court shall immediately attempt to inform the attorneys for all the parties in the case of the media request. If time does not permit notification by mail then telephonic means or notification in person must be attempted.

CRITICAL

Objections must be served on all opposing parties within 14 days after the Decision is filed.

Objections to a Magistrate’s Decision shall be filed and served upon all opposing parties within fourteen (14) days after the date the Decision is filed.

CRITICAL

Service

Mail to opposing party

The clerk must mail the motion and accompanying pleadings by ordinary mail, with address correction requested, to the person’s last known address.

The clerk shall also cause the motion and accompanying pleadings to be mailed by ordinary mail, address correction requested, to the person’s last known address.

CRITICAL

Counsel must provide the guardian ad litem with copies of all pleadings, hearing and deposition notices, entries, and other necessary documents.

It shall be the responsibility of counsel in the case to copy the guardian ad litem with all pleadings, notices of hearings and depositions, entries and any other necessary documents.

CRITICAL

Applies to

Notice of hearing on partial account

Unless notice is waived in writing, filing a partial account in a charitable trust requires service of hearing notice on the Ohio Attorney General’s Charitable Trusts Division.

(F) Unless notice is waived in writing, upon the filing of a partial account, the fiduciary shall serve notice of hearing on the partial account in the following matters: 1. Charitable trusts: the Attorney General of Ohio, Charitable Trusts Division.

CRITICAL

Service

Mail

After a withdrawal motion is filed, the Court will schedule a hearing and provide notice to the client by certified mail unless the attorney files the client's written acknowledgment of the withdrawal.

Upon the filing of such Motion, the Court will schedule a hearing with Notice to be provided to the client by certified mail, unless the attorney also files a written acknowledgement by the client of the attorney’s withdrawal.

CRITICAL

Service

Mail

In addition to posting, the Clerk must send the summons or other pleading by ordinary mail with a certificate of mailing and address correction requested to the person’s last known address, if known.

In addition to posting the notice, the Clerk shall mail the summons or other pleading to be served, by ordinary mail with a certificate of mailing, address correction requested, to the last known address of the party to be served, if known.

CRITICAL

A person seeking appointment to serve process must have no specified conviction in the past ten years and must not currently be under community control sanctions, probation, post-release control, or parole.

I have not been convicted in the last ten years of any felony, offense of violence, or offense involving dishonesty or false statement, and am not currently under community control sanctions, probation, post- release control, or parole.

CRITICAL

Applies to

Notice of hearing

Adult children of the proposed ward known to reside in Ohio must be served with the hearing notice as provided by law, unless service is waived.

For such adult children known to reside in this state, service of Notice of Hearing shall be made as provided by law, unless waived.

CRITICAL

The guardian of the estate or trustee must receive notice of the application unless notice is waived and that guardian or trustee consents to payment.

Notice of the application shall be given to the guardian of the estate or trustee, unless otherwise waived and consented to payment by such guardian or trustee.

CRITICAL

Before serving a temporary-orders request, the requesting party must secure a non-oral hearing date; the motion and affidavit must then be served on the opposing party or counsel under the Ohio Rules of Civil Procedure.

Counsel for, or the party requesting temporary orders, shall secure a non-oral hearing date with the Assignment Commissioner before serving the opposing party. The motion and affidavit of the party requesting temporary orders shall be served upon the opposing party or their counsel, if represented, pursuant to the Ohio Rules of Civil Procedure.

CRITICAL

If a parent has not consented to a minor's name change, the applicant must serve that parent with hearing notice in addition to completing the publication required by law.

If the applicant has not obtained the consent of the parent, the applicant shall cause notice of the hearing to be served upon such non-consenting parent, in addition to the publication as required by law.

CRITICAL

Applies to

Notice of intent to sell or lease

Unless otherwise ordered, the receiver must serve all parties and known interested persons with notice of the intent to sell or lease property and the proposed terms.

(1) Unless otherwise ordered, a receiver shall serve notice of the receiver’s intent to sell or lease receivership property and the terms of such proposed sale or lease for all property. Notice shall be given to all parties in the action and all persons known to have an interest in the property to be sold or leased.

CRITICAL

An attorney requesting permission to withdraw must notify the client of all scheduled hearing dates and that attendance is mandatory.

Notify the client of all scheduled hearing dates and that the client’s attendance at the hearings is mandatory.

CRITICAL

A person seeking appointment to serve process must not be a party to, related to a party in, or financially interested in the proceeding.

I am not a party to the proceeding for which I will serve process; am not related to a party to the proceeding for which I will serve process; nor do I have a financial interest in the outcome of the proceeding for which I will serve process.

CRITICAL

Service

Publication

The Clerk must provide notice by publication in a newspaper of general circulation in Pickaway County and by posting and mail as specified in the rule.

The Clerk shall serve notice by publication in a newspaper of general circulation in Pickaway County and notice by posting and mail as set forth below:

CRITICAL

Applies to

Custody evaluation report

Service

Court service

The evaluator must provide the report to the assigned Judge or Magistrate, who must provide copies to the attorneys and guardian ad litem and directly to any unrepresented party.

A custody evaluator shall provide their Custody Evaluation Report to the assigned Judge or Magistrate. The court shall then provide the copies of the report to the attorneys and guardian ad litem on the case. If any party

CRITICAL

A status-conference request must also be provided to all counsel and self-represented parties, the guardian ad litem, and any appointed attorney advocate.

Any request must also be provided to all counsel and pro se parties, the guardian ad litem, and any attorney advocate, if one has been appointed.

CRITICAL

Applies to

Notice of hearing

Service

Mail

After an inventory is filed, the Deputy Clerk sets a non-oral hearing and returns the notice for service; unless waived, the executor or administrator must serve it by certified mail on the specified recipients.

Upon filing of an inventory as required by Section 2115.02 of the Revised Code, the Deputy Clerk of the Court shall set a non-oral hearing date and return the Notice of Hearing to the attorney or fiduciary for service as required by law. Pursuant to Section 2115.16 and Civil Rule 73(E)(7), unless notice is waived, the executor or administrator shall serve the notice of the hearing by certified mail upon the surviving spouse and all next of kin in an intestate estate and to all beneficiaries in a testate estate.

CRITICAL

Service

Mail

The Clerk must mail the summons or other pleading by ordinary mail with a certificate of mailing to a corrected or forwarding address.

rule, the Clerk shall mail the summons or other pleading to be served, by ordinary mail with a certificate of mailing, to the corrected or forwarding address.

CRITICAL

The hearing must be at least seven days after the last day of posting.

The date for hearing shall not be less than seven (7) days after the last day of posting.

CRITICAL

Service

Publication

The affidavit for publication by posting and mail must be submitted at least eight weeks before the hearing stated in the notice.

The affidavit for service by publication by posting and mail shall be submitted at least eight weeks (8) weeks before the date and time of the hearing stated in the notice.

CRITICAL

After service by posting and mail is completed, the Clerk must docket where and when posting occurred and copies of all certificates of mailing.

Upon completion of service by posting and mail, the Clerk shall docket where and when the posting was completed and a copy of all certificates of mailing.

CRITICAL

Service

Publication

The notice must be posted in the newspaper once.

The notice shall be posted in the newspaper once.