Court Rules

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

120 rules from official source documents

Rules 51 to 100, page 2 of 3

E-service, mail, personal service, proof of service, certificate, and timing requirements.

CRITICAL

Service
Publication to opposing party

For this case, service is made by posting the listed documents for the defendant on the Juvenile Court website's Public Notices section.

has demonstrated reasonable diligence in attempting to locate the current residence of ***, and service shall be made in this case by posting. Judge / Magistrate Date: TO THE CLERK: 1. Post copies of the Custody Complaint, Summons, 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

A copy of a comment or complaint submitted to the Magistrate must be provided to the subject guardian ad litem.

A copy of comments and complaints submitted to the Magistrate shall be provided to the guardian ad litem who is the subject of the complaint or comment.

CRITICAL

Service
Publication

The appearance date must be at least seven days after the last day of publication.

The date for the person to appear shall not be less than seven (7) days after the last day of publication.

CRITICAL

Applies to
Notice of hearing on account

For a final account, the fiduciary must serve a Notice of Hearing on Account on the specified estate, guardianship, and trust recipients and their counsel, unless notice is waived in writing upon filing; the Court may otherwise authorize service for trust beneficiaries.

(E) Unless notice is waived in writing upon filing of a final account, the fiduciary shall serve Notice of Hearing on Account to the following: 1. Decedent’s Estates: Surviving spouse and all residuary beneficiaries in a testate estate and to the surviving spouse and all next of kin in an intestate estate. 2. Guardianships: (a) Minor guardianships: to the ward, if the ward has reached the age of majority or the next of kin if the ward is under eighteen (18) years of age. (b) Incompetent guardianships: to all of the ward’s next of kin. 3. Trusts: to all of the trust beneficiaries, unless otherwise authorized by the Court. 4. To counsel for any represented party described above regardless of the nature of the matter.

CRITICAL

Service
Publication

The notice must be posted for six consecutive weeks.

3. This notice shall be posted for six (6) consecutive weeks.

CRITICAL

An exhibit filed in this manner must be served in conformance with the rules governing service of pleadings in the Court.

Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the Court, title of the case, the case number, name of the Judge and the title of the exhibit being filed (e.g., Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendant’s Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court. (See appendix A-3 for sample exhibit cover sheet.)

CRITICAL

Service by posting and mail is complete when the Clerk dockets the notation of posting and mail.

Service is complete when the notation of posting and mail is docketed by the Clerk.

CRITICAL

Counsel must provide the Guardian ad Litem with 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

Service
Publication

After the final week of posting, the clerk must docket where and when the notice was posted.

5. After the last week of posting, the clerk shall note on the docket where and when notice is posted.

CRITICAL

Applies to
Required initial filing forms

The required court forms accompanying divorce complaints, answers, and counterclaims must be served on the opposing party or parties.

All Complaints for Divorce, Answers and Counterclaims shall be accompanied by the following court forms which shall be filed with the Clerk of Court and served upon the opposing party or parties.

CRITICAL

Parties and counsel must provide reciprocal discovery to PCJFS within 15 days of receiving its discovery, and all specified participants must continue updating discovery through the adjudication and final hearings.

The Standing Order for Discovery makes discovery reciprocal and continuing upon PCJFS, all parties, and counsel for parties. Parties and counsel for the parties shall provide reciprocal discovery to PCJFS no more than fifteen (15) days after receiving discovery from PCJFS on the agency’s Complaint. Thereafter, PCJFS, parties and counsel for the parties have a continuing duty to update any additional discovery they may acquire up to the time of the adjudication hearing and final hearing.

CRITICAL

An attorney requesting permission to withdraw must notify the client and opposing counsel.

Notify the client and opposing counsel of the attorney’s request to withdraw as counsel.

CRITICAL

A person seeking appointment to serve process must not currently be a respondent under a civil protection order.

I am not currently a respondent under any civil protection order.

CRITICAL

Applies to
Custody evaluator removal motion

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

Service
Mail

Hearing notice must be sent by regular U.S. mail to the persons identified in SPF 1.0 and other interested persons the Court deems necessary, including the complainant, guardian, and ward.

Notice of the hearing shall be provided to those entitled to Notice of the hearing shall be sent by regular US mail to those identified in SPF 1.0 and such other interested persons as determined necessary by the Court, including the person submitting the comment or complaint, the guardian and the ward.

CRITICAL

Service must be perfected at least seven days before the hearing or trial date.

Service must be perfected at least seven days before the date set for hearing or trial.

CRITICAL

A person seeking appointment to serve process must be a United States citizen or legal resident of the United States.

I am a United States citizen or a legal resident of the United States.

CRITICAL

The Clerk of Courts must retain Information Sheets, which are not served on the parties.

(D) All Information Sheets shall be retained by the Clerk of Courts and are not subject to service on the parties.

CRITICAL

Applies to
Hearing notice

Notice of the hearing's time and place must be served on the adverse party or that party's counsel.

Notice of the time and place of such hearing shall be served upon the adverse party or his counsel

CRITICAL

Service
Mail to opposing party

If the clerk receives a corrected or forwarding address during the six-week posting period, the clerk must mail the complaint and summons to that address.

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.

CRITICAL

Applies to
Discovery

The Prosecuting Attorney must provide discovery within 30 days after arraignment.

The Prosecuting Attorney shall provide discovery to defense counsel within thirty (30) days of the date of arraignment, and defense counsel shall provide discovery no more than fifteen (15) days after receiving discovery from the Prosecuting Attorney.

CRITICAL

Service
Personal service

After certification of compliance with Civ.R. 4.1(D), the appointee is designated to make personal and residence service and must file a return with the Court.

Upon certification of compliance with the requirements of Civ.R. 4.1(D), it is ORDERED that ______ is designated by the court to make personal and residence service under Civ.R. 4.1(B) or (C) and shall file a return of service with the Court.

CRITICAL

PCJFS must provide updated discovery 30 days before a legal custody, permanent custody, or PPLA hearing, unless otherwise ordered, and continue providing additional discovery acquired after that cutoff through the hearing.

Thirty (30) days prior to a hearing on a Motion for Legal Custody, Permanent Custody, or Planned Permanent Living Arrangement or as otherwise ordered, PCJFS shall provide the parties and/or counsel for the parties updated discovery as forth in subsection (A). PCJFS has a continuing duty to provide any additional discovery it may acquire after the thirty (30) day cut off up to the time of the hearing.

CRITICAL

Service
Publication

Service in this case must be made by posting.

*** has demonstrated reasonable diligence in attempting to locate the current residence of ***, and service shall be made in this case by posting.

CRITICAL

Service
Publication

Service by publication and posting and mailing must be perfected at least seven days before the hearing or trial.

Service by publication and by posting and mailing must be perfected at least seven days before the date set for hearing or trial.

CRITICAL

Applies to
Motion for permanent custody
Service
Publication

If the party’s address is unknown, service of a Motion for Permanent Custody must be made by newspaper publication and by posting and mail.

As allowed by Juvenile Rule 16, this Court, by local rule, orders that service of publication of a Motion for Permanent Custody must be accomplished by newspaper and by posting and mail, if the address of the party is unknown.

CRITICAL

The guardian ad litem must provide copies of a confidentiality request to all counsel and unrepresented parties.

If a guardian ad litem believes that the entire report or portions thereof should be filed as “confidential,” the guardian ad litem shall submit a written request, with supporting reasons for recommending such confidentiality, with the Court, providing copies of such request to all counsel and unrepresented parties.

CRITICAL

Copies of each receiver’s plan and report must be filed with the Clerk and served on appearing parties and parties for whom service remains pending.

Copies of each receiver’s plan and report shall be filed with the Clerk, with service upon all parties who have made an appearance or for whom service remains pending.

CRITICAL

Service copies must be given to the Clerk when the filing is made.

Service copies must be provided to the Clerk at the time of filing.

CRITICAL

Service
Publication

The notice shall be posted on the Pickaway County Juvenile Court website, in a section designated “Public Notices,” for seven (7) consecutive days.

The notice shall be posted on the Pickaway County Juvenile Court website, in a section designated “Public Notices,” for seven (7) consecutive days.

CRITICAL

Written notice of each professional-retention application must be given to the debtor and specified parties unless the Court addresses it at the initial receivership hearing.

Unless the Court addresses the application during the initial hearing on whether to grant a receivership, written notice of all such applications shall be given to the debtor, all parties that have appeared and all those for whom service of process remains pending.

CRITICAL

Applies to
Complaint

The complaint must be served pursuant to Civil Rules 4 through 4.6.

The complaint shall be served pursuant to Civ. R. 4 through 4.6.

CRITICAL

Service
Publication

The appearance date must be at least seven days after the last date of posting.

The date for the person to appear shall not be less than seven (7) days after the last date of posting.

CRITICAL

Service
Court service to all parties

The evaluator must provide the report to the assigned Judge or Magistrate, who must distribute 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 is not represented by counsel, the report shall be provided directly to that party.

CRITICAL

A status-conference request must 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

Service
Publication

The affidavit for publication by posting and mail must be submitted at least 20 days before the hearing stated in the notice.

The affidavit 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 obtain a USPS certificate of mailing.

The clerk shall obtain a certificate of mailing from the USPS.

CRITICAL

Service
Mail

If the Clerk receives a corrected or forwarding address during the six-week posting period, the Clerk must mail the summons or pleading to that address by ordinary mail with a certificate of mailing.

If the clerk is notified of a corrected or forwarding address for the party to be served within the six (6) week period that the notice is posted pursuant to this 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

Service
Mail

If the Clerk receives a corrected or forwarding address during the seven-day posting period, the Clerk must mail the summons or pleading there by ordinary mail with a certificate of mailing.

If the clerk is notified of a corrected or forwarding address for the party to be served within the seven (7) day period that the notice is posted pursuant to this 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

Service
Publication

The notice must be posted in the website’s “Public Notices” section for six successive weeks.

The notice shall be posted on the Pickaway County Juvenile Court website, in a section designated “Public Notices,” for six (6) successive weeks.

CRITICAL

Service
Publication

After the final posting week, the clerk must record where and when the notice was posted, and service is complete upon entry of posting.

5. After the last week of posting, the clerk shall note on the docket where and when notice is posted. Service shall be complete upon the entry of posting.

CRITICAL

PCJFS, the parties, and their counsel must exchange updated discovery seven days before a case review hearing and continue providing additional discovery acquired after that cutoff through the hearing.

Seven (7) days prior to a case review hearing, PCJFS and the parties and/or counsel for the parties shall exchange updated discovery as set forth in subsection (A). PCJFS and the parties or counsel for the parties have a continuing duty to provide any additional discovery may be acquired after the seven (7) day cut off up to the time of the case review hearing.

CRITICAL

Upon either party’s request, a copy of the restraining order must be issued and served, with attorneys providing copies to their clients and the Clerk providing copies to pro se litigants.

In each domestic relations case filed in this Court, upon request of either party, there shall be issued and served a copy of the JUDGMENT ENTRY/RESTRAINING ORDER, found as Form F in the Appendix herein. Each party shall be provided a copy of the order by their attorney. Pro Se litigants shall be provided a copy by the Clerk of Court.

CRITICAL

Service
Publication

The notice must be posted in the website’s “Public Notices” section for six successive weeks before the hearing.

The notice also shall be posted on the Pickaway County Juvenile Court website, in a section designated “Public Notices,” for six (6) successive weeks prior to the hearing stated in the notice.

CRITICAL

A copy of comments or complaints submitted to the Judge must be provided to the evaluator concerned.

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
Court service

At the end of each hearing, the Court must give the listed recipients written notice of the next hearing; mailing is unnecessary if that notice was provided in writing at the 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

Applies to
Notice of hearing on partial account

Unless notice is waived in writing, filing a partial account in a veteran’s guardianship requires service of hearing notice on the United States Veterans’ Administration.

(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: 2. Veteran’s Guardianships: United States Veterans’ Administration.

CRITICAL

A person seeking appointment to serve process must be at least eighteen years old.

I am eighteen years of age or older.

CRITICAL

Service
Publication

Service of process is deemed completed on the date of publication.

Service of process shall be deemed completed at the date of publication.

WARNING

Service
Court service to all parties

A party requesting service by the Clerk must provide the current address of every party to be served, regardless of the requested service method.

A party requesting service by the Clerk of Court must provide the current address of all parties to be served regardless of the form of service requested.