Pike County Court of Common Pleas, General & Domestic Relations Divisions Service and Proof of Service Rules

Applies to

Notice

Service

Mail

The Clerk must send the specified notice and information-submission form to each identified court by ordinary U.S. mail.

9. .The Court shall attempt to determine all other courts in the state in which the .Petitioner has been convicted of or pleaded guilty to· an off~nse throng~ review of the Petitionei"s criminal history or other investigation.- The Clerk of Courts shall .send ·a "NoJ:ice tq Court Regarding Petition for Certificate of .Qualification for . Employment" [~orni B - att~clied] and usubmission of Information Regarding Petition/or Certificate of Qualification for EmploymeI!f '[Form.D - attached] to each coµrt so identified. Each su~ Notice shall be sent vi~ ordinary US ~ail.

The Clerk must provide and serve class notice with the summons or modification motion, subject to the stated allocation of notice responsibility in dissolution actions.

Notice of the requirement of completion of the kind of class mentioned .in division (A) of this Rule,, and information regard.mg the phone number of the person who may be contacted to schedule attendance at the "Fainilies In Transition" class administered by The Child Prote~on Center .and the phone number of the person who may be contacted to schedule attendance at the "Crossroads of Parentipg & Divorce" class adminis~d by the Pike County ., Partnership Aga,inst Domestic Violence shal~ be provided to each parent or other party by the Oerk of Courts an~ shaJ! ·be served with summons in any new parenting proceeding or with the motion to '.!l\Oc:lify, ~ applicable: In dissoiµtion of marriage actions, where .one party is represented by .counsel and the _other party .is not represented by counsel, the attorney {Qr the represented party shall be responsible for fumishing this .required notice to such attorney's client and to· the other, unrepresented p~. In dissolution of marriage actions in which neither party is represepted by counsel, the Clerk of Courts sh.all furnish the notice and Wormation- to the party, or parties, filing the ~solution.

Counsel for a represented party must furnish the required notice to the opposing unrepresented party; when neither party in a dissolution action has counsel, the Clerk must furnish the notice and information to the filing party or parties.

by ~uuse~ cgunsel ·for the represented p~ shall be responsible for fill:nishing this required notice to the o~, unrepr~ented party. In disso!~01.1 of marriage: actions in which neither-party is represe~ by counset the Clerk of Courts shall furbish the non~ and info,::mation.~ the party . ·o~ parties filing.tJie diss~lution.

Applies to

Motion invoking continuing jurisdiction or URESA petition

If summons is not served within the specified period after filing a covered motion or petition, and the party cannot show good cause, the Court must dismiss it without prejudice after notice, on its own initiative or on motion.

A: If a-service summons upon ~- motion to invok~ the continuing jurisdiction of the Court or r,ipon a petition pursuant to lhe Uniform Reciprocal Enforcement of Support Act (URESA) is not made upon the adverse·party within the period· indicated below after filing the mc,tion.or petitjon, and the· party on whose behalf such service wa,s required . cannot show good cause why such service was not mad~ within that period, the motion· or petition shall be d_ismis~ed w.!thouf prejudice upon the Court's own initiative with-th~ notice to such party or upon motio.n: ·. . . . 1. Change of Custody . 3 months COMMrN~PtE~~OURT. 2. Visitation. Enforcement or Modification 3 months 3; S.upport Enforcement or Modification 4 months ...a JUL 1 ·1 1997 ...J.a 4. Uresa 1 month ,. 5. All Others 2 months.-

Temporary restraining orders must be served under the procedures in Civ. R. 4 through 4.3 and Civ. R. 4.6, unless the Court directs otherwise.

Uh_les~ other.wise.-directed by the Court,.tempor~ry restraining_ orders· shall ·be served.in-the manner provided for service· of proce$s un~er Civ. R. 4 through 4.3 . and Civ. R. 4.6.

Applies to

Supporting affidavit

Supporting affidavits for requests for pendente lite spousal support or temporary orders must be served as required by the Civil Rules.

Requests for allowance of spousal support pendente lite and/or for temporary orders allocating parental rights and responsibilities during the pendency of the action shall be made by separate motion with supporting affidavits served as required by the Civil Rules

Applies to

Motion to cite for contempt

The Clerk must serve the contempt motion, affidavits, and order on the accused as required for service of process under the Civil Rules.

The Clerk shall cause a copy of the Motion, affidavit(s) and Order to be served upon the accused in the manner required for service of process pursuant to the Civil Rules.

Service

Mail

The CSEA must promptly notify the other parties of a review or modification request, document when and how notice was sent, and verify regular-mail notice by certificate of mailing; mail notice is deemed complete three days after mailing.

Upon receiving a request for review or modification of an order for child support, the CSEA shall promptly notify the other party(ies) of the request, and document the date and manner of notice. Notice by regular mail shall be deemed completed 3 days after mailing and shall be verified by certificate of mailing.

Applies to

Special summons

In specified support and visitation contempt actions, the required special summons must be served on the accused, and the moving party must ensure the Clerk issues it and records its issuance on the docket.

In addition to the Motion, affidavit(s) and Order required by this Rule, the special summons required by R.C. 2705.031 in a contempt action for failure to pay support, or failure to comply with, or an interference with, a visitation order shall be served upon the accused. It shall be the responsibility of the party filing the motion to insure that the Clerk issues the required summons and notes its issuance upon the docket.

If the required summons has not been issued, the Court will dismiss the motion without prejudice and assess costs to the movant.

When it comes to the attention of the Court that the required summons has not been issued, the motion will be dismissed without prejudice, with costs to the movant.