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

CRITICAL

Service

Mail

In a full insolvency, notice to all creditors and interested parties must be sent by certified mail; return receipt cards may be filed as proof at the hearing, and proof need not be submitted with the representation of insolvency.

Remember that in a full insolvency, the statute requires notice to all creditors and interested parties. This does need to be accomplished by certified mail. You may bring the green return receipt cards to the insolvency hearing and file them as your proof of service. You do not have to show proof of service simultaneously with the representation of insolvency.

CRITICAL

A new attorney must notify all other attorneys, unrepresented parties, and other persons interested in the proceeding of the substitution.

The new attorney must provide notice of the substitution to all other attorneys, unrepresented parties and all other persons with an interest in the proceeding.

CRITICAL

Applies to

Exhibits

Counsel must exchange all exhibits before trial at the time designated in the trial or pretrial order.

All exhibits must be exchanged by counsel.

CRITICAL

Applies to

Complaint or initiating case document

Service

Mail to all parties

Unless an exception applies, service of a complaint or initiating case document, including a motion for permanent custody, must be by certified mail.

(B) Unless otherwise requested and approved, or otherwise referenced in these Local Rules, and/or Rules of Civil/Juvenile Procedure, all service of the complaint or initiating case document, including a motion for permanent custody, shall be by certified mail.

CRITICAL

Deadline

10 calendar days

Service

Publication

The requesting party must file the publisher’s affidavit within 10 calendar days after final publication, and service is complete on the final publication date shown in the affidavit.

Within 10 Calendar Days after the final publication, the party requesting the publication must file with the Court a publisher’s affidavit showing the published notice and the dates of publication. Service will be deemed complete as of the date of final publication indicated on the publisher’s affidavit.

CRITICAL

Before the Court rules, the fiduciary must notify the listed participants and surety agencies of the proposed withdrawal and certify notice to the Court.

Before ruling on the application, the withdrawing Fiduciary must certify to the Court that he or she has provided notice of the proposed withdrawal to all other attorneys, unrepresented parties and all other persons with an interest in the proceeding. The Fiduciary must also provide notice of the proposed withdrawal to any bonding agencies acting as surety for the Fiduciary.

CRITICAL

Service

Mail

The notice summoning a person to jury service must be delivered by ordinary mail.

The notice will be delivered by ordinary mail

CRITICAL

Applies to

Hearing notice

Service

Court service

The Court will serve hearing notice under Civ. R. 73 on any parent or alleged father who has not consented to a minor’s name change or name conformity.

Any parent or alleged father who has not consented to a minor’s name change or name conformity will be served by the Court with notice of the hearing pursuant to Civ. R. 73.

CRITICAL

Applies to

Notice of appointment

If the Court dispenses with a hearing, the special administrator must serve notice of appointment on everyone identified on the Next of Kin within 10 days after appointment.

If the Court dispenses with the hearing, the special administrator shall serve a notice of the appointment on all persons identified on the Next of Kin within 10 days after the date of appointment.

CRITICAL

Petitioner’s counsel is responsible for ensuring proper service on all parties entitled to notice of the petition and hearing who have not waived notice.

The petitioner’s legal counsel is responsible for assuring that all parties who are entitled to notice of the petition and notice of the hearing, who have not otherwise waived, are properly served.

CRITICAL

Service

Publication

The Commissioners of Jurors must publish a Notice of Drawing of Jurors at least 6 days before each random selection.

At least 6 days prior to the random selection of prospective jurors for each part of the Annual Term of court, the Commissioners of Jurors will publish in a newspaper of general circulation in Portage County, Ohio, a Notice of Drawing of Jurors.

CRITICAL

Applies to

Motion

All motions must comply with the Rules and be served under Civil Rules 4 and 4.6.

All motions must comply with these Rules and shall be served pursuant to Civ.R. 4 and 4.6.

CRITICAL

Applies to

Hearing notice

Service

Publication

If a nonconsenting parent’s or alleged father’s whereabouts are unknown, the applicant must publish hearing notice once in a newspaper of general circulation in Greene County at least 30 days before the hearing and at the applicant’s expense.

If a parent or alleged father’s whereabouts are unknown, the Court will require the applicant to publish notice of the hearing, at the applicant’s expense, to the parent or alleged father who has not consented in a newspaper of general circulation in Greene County, one time at least 30 days before the hearing.

CRITICAL

Notice of a motion requesting approval of fees, compensation, or expense reimbursements must be given to all appropriate parties.

Such requests must be by motion, with notice given to all appropriate parties.

CRITICAL

Service

Publication

The moving party must verify and ensure that publication has been completed whenever service by publication is used.

In all cases where service by publication is utilized, it shall be the responsibility of the moving party to verify and ensure that publication has been accomplished.

CRITICAL

Applies to

Affidavit or motion

The Bailiff or Clerk must serve all known parties, including the child, with the affidavit or motion, ask whether they wish to be heard, and advise the reviewing Judicial Officer as soon as possible; the Judicial Officer must hold a brief hearing and rule on the record.

The Bailiff or Clerk shall serve all known parties, inclusive of the child, with a copy of the affidavit/motion and ask the party if they wish to be heard on the issue. The Bailiff or Clerk, as soon as possible, shall advise the Judicial Officer reviewing the affidavit/motion. The Judicial Officer shall hold a brief hearing and rule upon the issue on the record.

CRITICAL

Applies to

Notice of intent to sell or lease

Unless otherwise ordered, a receiver must serve notice of the intent to sell or lease receivership property and the terms of the transaction.

Unless otherwise ordered, a receiver must serve notice of the receiver's intent to sell or lease receivership property and the terms of such

CRITICAL

Deadline

24 hours

Proof of notice must be filed with the Court at least 24 hours before the protective-services petition hearing.

Proof of that notice must be filed with the Court no later than 24 hours before the hearing on the petition for protective services.

CRITICAL

Deadline

48 hours

A petitioner may not be ordered to act, refrain from acting, or assume a legal duty unless the respondent filed a separate petition, the petitioner received or waived written notice at least 48 hours before the hearing, and due process rights were protected.

No Petitioner, in a protection order which the Petitioner originally requested, shall be ordered to perform any act, refrain from any act, or assume any legal duty unless Respondent has filed a separate petition for a protection order, the Petitioner has received or waived written notice of Respondent’s petition at least forty-eight (48) hours in advance of any hearing, and the Petitioner’s other due process rights have been protected by the Court.

CRITICAL

Copies of the Notice of Intent to Relocate must be served on the Court, CSEA, and the other parent.

If the residential parent intends to move to a residence outside Portage County, he/she shall immediately file a Notice of Intent to Relocate with the Clerk of Courts and shall serve copies upon the Court, CSEA and the other parent.

CRITICAL

Applies to

Subsequent pleading

Subsequent pleadings in the same contempt action must be served under Civ.R. 4 through 4.6 and Loc.R. 4.

(I) Subsequent pleadings in the same contempt action shall be served pursuant to Civ.R. 4 through 4.6 and Loc.R. 4.

CRITICAL

Service

Mail

The applicant must serve the termination application by regular mail on the specified persons and any others ordered by the Court.

All applications to terminate the guardianship of a minor before the minor reaches the age of 18 years require a copy of the application to be served by regular mail on all persons entitled to notice under R.C. §2111.04(A)(1), to all persons who received actual notice of the original appointment of the guardian, and to such other persons as the Court may order. The applicant is responsible for serving a copy of the application.

CRITICAL

Written notice of each covered retention application must be given to the specified recipients 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 must be given to the debtor, all parties that have appeared, and all those for whom service of process remains pending.

CRITICAL

Deadline

5 calendar days

The applicant must serve the notice required by R.C. §2107.27(A) and file proof of service with the Court at least five calendar days before the hearing.

The applicant seeking to admit a lost, spoliated or destroyed will to probate is responsible for serving the notice required in R.C. §2107.27(A). The applicant must file proof of service with the Court no later than five Calendar Days before the hearing.

CRITICAL

Applies to

Account

A fiduciary must provide each account to all heirs or beneficiaries in accordance with R.C. §2109.32(B).

Every Fiduciary in a decedent’s estate must provide a copy of each account to all heirs or beneficiaries in compliance with R.C. §2109.32(B).

CRITICAL

The Clerk shall serve notice by publication by posting and mail as set forth below;

The Clerk shall serve notice by publication by posting and mail as set forth below;

CRITICAL

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

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

CRITICAL

The mediator must distribute the mediation notice to all parties and non-party participants.

The Mediator shall file a notice with the Court that a mediation is occurring in the case, including the time and place for mediation, and this notice shall be distributed to all parties and non-party participants of the mediation.

CRITICAL

Service

Mail to all parties

The plaintiff must serve copies of the proposed confirmation entry on all parties or their attorneys of record by regular mail within seven days after the sale.

The plaintiff must prepare and deliver a proposed entry confirming the sale to the judge for signature and serve copies upon all parties or their attorneys of record by regular mail within seven days after the date of sale.

CRITICAL

Service

Mail

The fiduciary must timely comply with the statutory notice requirements, submit proof of service or waivers with the certificate, and use green return receipt cards or USPS tracking confirmation as proof of receipt.

The Fiduciary of a decedent’s estate in which the decedent’s will has been admitted to probate must timely comply with the notice provisions in R.C. §2107.19. Proof of service or waivers of notice must accompany the certificate of service of notice of probate of will. Proof of service must be in the form of green return receipt cards or USPS tracking confirmation that the notice was received.

CRITICAL

Service

Personal service

If necessary, the applicant must file an application for appointment of a special process server, who must file a return of the service before expiration of the initial 72 hour emergency guardianship period or within three Court Days after filing of the entry granting an extension.

If necessary, the applicant must file an application for appointment of a special process server, who must file a return of the service before expiration of the initial 72 hour emergency guardianship period or within three Court Days after filing of the entry granting an extension.

CRITICAL

Applies to

Signed judgment entry

A party who requests and receives a category change must notify all parties by providing a copy of the signed judgment entry allowing the change.

The party requesting and receiving a change of category must notify all parties in the case by providing them with a copy of the signed judgment entry allowing the change of category.

CRITICAL

Prompt notice of each hearing must be provided to all persons with a legal or equitable interest, and the hearing proponent is responsible for notice unless law or rule requires the Court to provide it.

Prompt notice of all hearings must be provided to all persons having a legal or equitable interest in the subject matter. The Court may direct that notice of the hearing be given to other persons or entities. Unless the Court is required by law or rule to provide the notice, the proponent in the hearing is responsible for providing notice.

CRITICAL

When a represented moving party’s continuance is granted, requesting counsel must notify all other counsel and parties.

(F) If a moving party is represented by counsel, it is the responsibility of the attorney requesting the continuance to notify all other counsel and parties when a continuance is granted.

CRITICAL

Applies to

Motion and notice of hearing

Service

Mail

Within three days after filing the motion, the fiduciary must serve the motion and hearing notice by ordinary mail on the listed persons and entities, except those who waived notice and consented to abandonment.

Within three days after filing the motion, the Fiduciary must serve by ordinary mail a copy of the motion and a notice of hearing on all of the following persons and entities, except those persons or entities who have waived notice and consented to the abandonment. a. All heirs and beneficiaries identified on SC Form 1.0. b. All persons and entities identified in the motion. c. The auditor, treasurer and prosecuting attorney of the county in which the real property is located. d. The city, village or township in which the real property is located. e. The sanitary engineer providing any sanitary sewer or water services to the real property.

CRITICAL

Service

Mail

The Jury Office must mail each selected prospective juror a summons with the listed materials early enough to allow for mailing and return-mail time.

In an adequate period of time before the date of jury service, allowing for mail and return mail time, the Jury Office will mail a Summons to Serve as a Juror with a return service including Juror Questionnaires, Juror Information Sheets, Report Dates, Maps, and a stamped self-addressed return envelope to each prospective juror selected for service in the General Division of the Court of Common Pleas of Portage County, Ohio.

CRITICAL

A self-represented party without a valid email address must be served with a paper copy under the applicable procedural rules.

Self-represented parties who have not provided a valid email address shall be served with a paper copy in accordance with the applicable rules of procedure.

CRITICAL

Applies to

Show cause order and affidavit

Service

Personal service

If the Movant seeks incarceration or a monetary sanction for a court-order violation, the Show Cause Order and affidavit must be personally served on the Respondent.

(H) The initial motion for contempt and the Show Cause Order for an act or omission on Respondent’s part in violation of Court Order shall require personal service of the Show Cause Order and affidavit upon the Respondent, if incarceration or a monetary sanction is sought by the Movant.

CRITICAL

Applies to

Motion to withdraw

Before seeking withdrawal, counsel must notify the client and all counsel or unrepresented parties, and name the client as a recipient in the motion’s certificate of service.

(A) Notice has been given to the client advising the client of all orders and all upcoming assignment dates affecting the client; (B) Notice has been given to all counsel, or if unrepresented, notice has been given to the parties. (C) The client has been named as a recipient of the motion to withdraw in the certificate of service.

CRITICAL

Service of process is required for a full hearing under the Ohio Rules of Civil Procedure.

Service of process is required for a full hearing in accordance with the Ohio Rules of Civil Procedure.

CRITICAL

Subpoenas served by counsel or a party must be filed and served in conformity with the applicable procedural rules identified in the text.

All subpoenas served by counsel or a party shall be filed and served in conformity with the applicable requirements of the Ohio Rules of Civil Procedure, Ohio Rules of Juvenile

CRITICAL

Only persons identified in Ohio Civil Rule 4(D) may waive notice of admission of the will to probate.

Only those persons identified in Rule 4(D) of the Ohio Rules of Civil Procedure may waive notice of admission of the will to probate.

CRITICAL

Deadline

7 calendar days

Applies to

Hearing notice and application

The applicant must serve each interested person written hearing details and a copy of the application at least seven calendar days before the hearing.

The applicant must serve written notice of the date, time and place of the hearing and a copy of the application on all interested persons at least seven calendar days before the hearing.

CRITICAL

Service

Publication

Service by publication is available only when the defendant’s or party’s residence is unknown and a proper affidavit demonstrates reasonable diligence to discover the address.

Pursuant to Juv.R. 16(A), service by publication shall only be available when the residence of a defendant or party is unknown and reasonable diligence is demonstrated by proper affidavit that the address cannot be discovered.

CRITICAL

Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.

Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.

CRITICAL

Applies to

Notice of application and hearing

If a hearing is held, the applicant must serve notice of the application and hearing on everyone identified on the Next of Kin form and provide proof of service at least five days before the hearing.

If the Court does not dispense with the hearing, the applicant must serve notice of the application and the hearing on all persons identified on the Next of Kin form and provide proof of service no later than five days before the hearing.

CRITICAL

Fee applications must be accompanied by notice to all parties who have appeared.

with notice to all parties that have appeared.

CRITICAL

If the parties cannot agree on a judgment entry, opposing counsel or the pro se litigant must notify its preparer within five days of receiving it.

If counsel and/or pro se litigant are unable to agree upon the judgment entry, opposing counsel or pro se litigant shall notify, within five (5) days of receipt of the entry, the attorney who prepared the entry.

CRITICAL

Deadline

7 calendar days

Applies to

Appointment notice

Service

Mail

Within seven calendar days after appointment, the investigative administrator must mail notice by regular mail to everyone identified on SC Form 1.0, unless an address is unknown despite reasonable diligence; recipients may waive notice in writing.

Within seven Calendar Days after appointment, the investigative administrator must mail written notice of the appointment by regular mail to all persons identified on the SC Form 1.0, unless the applicant does not know and cannot with reasonable diligence determine their address. The notice may be waived in writing.

CRITICAL

The motion and affidavit must be served on opposing counsel.

The motion and affidavit must be served upon opposing counsel.