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

CRITICAL

Applies to

Notice to court regarding cqe petition

Service

Mail

The Clerk of Courts must send the specified notice to each identified court by ordinary U.S. mail.

The Clerk of Courts will send a Notice to Court Regarding Petition for Certificate of Qualification for Employment to each court so identified. That Notice will be sent by ordinary US mail.

CRITICAL

Any waiver or proof of notice must be filed with the Court before the scheduled hearing.

Waivers or proof of notice must be filed with the Court prior to the scheduled hearing.

CRITICAL

Documents filed electronically with the Clerk of Courts must be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49.

Documents filed electronically with the Clerk of Courts must be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49.

CRITICAL

A sending party must not transmit service copies by fax.

The sending party shall not transmit service copies by fax.

CRITICAL

The filer must send the review-hearing request to the accused Fiduciary when filing it, and the Court may dismiss the complaint if the filer neither sends it nor can prove it was sent.

The person or entity filing the request must also send a copy of the request for Review Hearing to the Fiduciary against whom the allegations are made simultaneously with filing it in Court. If the filer fails to send the request form to the Fiduciary, and cannot prove that it was sent, the Court may dismiss the complaint.

CRITICAL

Applies to

Hearing notice

If the Court requires a hearing in an adult name-change or name-conformity proceeding, the applicant is responsible for serving the hearing notice in the manner determined by the Court.

If the Court requires a hearing, it will determine the manner, scope and content of the hearing notice. The applicant is responsible for serving the hearing notice.

CRITICAL

Applies to

Jury instructions

Counsel shall file and serve upon opposing counsel proposed jury instructions, which contain at least ten (I 0) days prior to the commencement of trial.

Counsel shall file and serve upon opposing counsel proposed jury instructions, which contain at least ten (I 0) days prior to the commencement of trial.

CRITICAL

All parties must be served, except the child who is the subject of a dependency, neglect, or abuse claim unless the Court directs otherwise.

(A) All persons who are parties in the case as defined in Juv.R.2(Y) must be served, except the child who is the subject of a dependency, neglect, abuse claim unless the Court otherwise directs.

CRITICAL

Applies to

Proposed order

The party who submitted or approved an entered proposed order must serve it on the receiver or the receiver’s counsel and the specified parties, and file proof of service.

The party who submitted or approved 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 who service of process remains underway. Proof of service must be filed by the party making service.

CRITICAL

Service

Court service

If the Court must serve a filed document, the filer must provide enough additional sets for the Court to complete service.

If the Court is required to serve any document filed, the person filing the document must provide sufficient additional sets of the document to enable the Court to provide service.

CRITICAL

Written notice of the drawing must be served on the clerk and administrative judge at least 6 days before random selection unless a signed waiver is executed and filed.

At least 6 days prior to the random selection of prospective jurors for each part of the Annual Term of court, Written Notice of the Drawing of Jurors will be served on the clerk of the Court of Common Pleas of Pottage County, Ohio, and, the administrative judge of the General Division of the Court of Common Pleas of Pottage County, Ohio unless a signed waiver is executed and filed in the Clerk of Courts office.

CRITICAL

Applies to

Account

The fiduciary must attach proof of service of the account to the certificate of service.

Every Fiduciary shall attach green return receipt cards, USPS tracking reports, or signed acknowledgements of receipt or other proof of service with the certificate evidencing service of the account.

CRITICAL

Before the Court rules, the withdrawing attorney must notify the client and specified participants of the proposed withdrawal and certify notice to the Court.

Before ruling on the application, the withdrawing attorney must certify to the Court that he or she has provided notice of the proposed withdrawal to the client, to all other attorneys, unrepresented parties and all other persons with an interest in the proceeding.

CRITICAL

Expert reports and evaluations must be produced and served on opposing parties or counsel 21 days before the evidentiary hearing or another date set by the Court.

2. All expert reports or evaluations must be produced and served upon the opposing parties or their counsel twenty-one (21) days prior to the evidentiary hearing or any other date set by the Court at the pretrial conference.

CRITICAL

Applies to

Arraignment scheduling judgment entry and counsel notice

When process is served by summons, the Sheriff must serve the defendant with the arraignment-scheduling judgment entry and notice of the right to appointed counsel when serving the indictment and summons.

In all cases in which the prosecuting attorney has requested service of process to be accomplished by means of a summons, the Sheriff of Portage County, Ohio, shall serve a copy of the judgment entry scheduling the arraignment and the notice of the right to appointed counsel upon the defendant at the time of the service of the indictment and summons.

CRITICAL

Applies to

Order

The party obtaining an ex parte or emergency order must serve it on the Respondent and file proof of service within three business days of issuance.

The party obtaining the ex parte or emergency order shall be responsible for perfecting service of the order on the Respondent and filing proof of same, within three (3) business days of the issuance of the order.

CRITICAL

Service

Publication

Publication must occur once, and service is complete on the publication date.

The publication shall be published one time and service is considered complete on the date of publication;

CRITICAL

All parties must serve the party or attorney at the newly docketed address.

all parties shall serve that party or Attorney at the new address docketed.

CRITICAL

Unless the Court orders otherwise, the memorandum contra must be served on opposing counsel no later than the fourteenth day after the motion is filed.

Once the initial motion has been filed, any memorandum contra to the motion must be filed and served upon opposing counsel no later than the fourteenth day following the filing of the motion, unless the Court orders otherwise.

CRITICAL

A judgment entry must be provided to opposing counsel or an unrepresented opposing party before it is submitted to the Court.

Said judgment entry shall be provided to opposing counsel, or party if pro se, prior to the submission to the Court.

CRITICAL

Service

Mail

After filing an inventory, the executor or administrator must serve hearing notice by certified mail on the specified persons, unless notice is waived.

Pursuant to O.R. C. 2115.16 and Civil Rule 73(E)(7) unless notice is waived, upon the filing of an inventory as required by O.R.C. 2115.02, 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

Publication to court

The Clerk must publish notice in a newspaper of general circulation in Portage County.

The Clerk shall serve notice by publication in a newspaper in general circulation in Portage County;

CRITICAL

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

(B) 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/Magistrate, and the title of the exhibit being filed and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

CRITICAL

Service

Publication

When publication is required or permitted to serve a summons or notice, the party responsible for service must cause the publication.

In all cases in which publication is required or permitted for service of summons or service of notice, the party obligated to make the service must cause the publication.

CRITICAL

The party seeking an action or relief is responsible for securing service of process under the Ohio Rules of Civil Procedure.

It remains the responsibility of the party seeking the action or relief to secure service of process in accordance with the Ohio Rules of Civil Procedure.

CRITICAL

Since the initial appointment automatically expires in 72 hours, there is a very tight timeline to get service of notice of the hearing for extension on the proposed ward and other interested parties.

Since the initial appointment automatically expires in 72 hours, there is a very tight timeline to get service of notice of the hearing for extension on the proposed ward and other interested parties.

CRITICAL

Schedule the insolvency and related matters for hearing, properly serve notice of the hearing, and provide proof of service at the hearing.

The Court requires that the insolvency and all related matters be scheduled for hearing and that the Fiduciary make proper service of notice of the hearing. The Fiduciary must provide proof of service of the notice at the hearing.

CRITICAL

Applies to

Receiver plan and report

Each receiver's plan and report must be served on all parties who have appeared or for whom service remains pending.

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

CRITICAL

Service

Personal service

The person over whom the emergency guardianship is sought is the only person required to be served with any notices required under R.C. §2111.02(B)(3), unless the Court requires notice to other persons. Due to the short time constraints the law imposes in emergency guardianship proceedings, the Court requires that all notices must be served in person.

The person over whom the emergency guardianship is sought is the only person required to be served with any notices required under R.C. §2111.02(B)(3), unless the Court requires notice to other persons. Due to the short time constraints the law imposes in emergency guardianship proceedings, the Court requires that all notices must be served in person.

CRITICAL

Applies to

Cqe petition notice and information submission

The Clerk of Courts must send the specified petition notice and information submission to the Portage County Prosecuting Attorney.

The Clerk of Courts must also send a Notice to Prosecutor Regarding Petition for Certificate of Qualification for Employment and Submission of Information Regarding Petition for Certificate of Qualification for Employment to the Prosecuting Attorney of Portage County.

CRITICAL

Applies to

Motion and subsequent pleadings

In permanent-custody cases, the initial motion and all later pleadings must be served on the parent or parents and, if applicable, their attorney of record.

(C) In all permanent custody cases, initial service of a motion for permanent custody and all subsequent pleadings must be served on the parent(s), and their attorney of record, if applicable.

CRITICAL

A successor fiduciary must notify all attorneys, unrepresented parties, and other persons with an interest in the proceeding of the substitution.

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

CRITICAL

Counsel or a party must file a complete return for each subpoena served by them or their designated agent.

Counsel or a party shall file a complete return on all subpoenas served by them or their designated agent.

CRITICAL

Service

Publication

The publisher or agent must submit an affidavit of publication and a copy of the notice to the Court before the hearing; together they 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 and shall be remitted to the Court prior to the date of the hearing stated in the notice.

CRITICAL

Applies to

Completed complaint form

A person or entity filing the complaint must send a copy of the completed complaint form to the Fiduciary.

The person or entity filing the complaint must also send a copy of the completed complaint form to the Fiduciary against

CRITICAL

A party joining additional parties must serve them with the case schedule.

A party who joins an additional party or parties will be responsible for serving the additional party or parties with the case schedule.

CRITICAL

Before filing a continuance motion, requesting counsel must notify all other counsel and involved parties in writing.

(D) Counsel requesting the continuance shall notify all other counsel and parties involved, in writing, prior to filing the motion for continuance.

CRITICAL

Service

Mail

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

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

CRITICAL

The Court must direct same-day service of covered orders and consent agreements on the Respondent, relevant law enforcement agencies, and the Respondent’s parent, guardian, or legal custodian.

Further, the Court shall direct that any Juvenile Civil Protection Order or Juvenile Domestic Violence Civil Protection Order or Consent Agreement issued by this Court be served the same day the Order is entered upon the Respondent, all the law enforcement agencies that have jurisdiction to enforce the Order, and the parent, guardian, or legal custodian of the Respondent.

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 to that address 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

Court service to all parties

The Court must serve notice on all parties, including the Guardian ad Litem or CASA when applicable.

Notice shall be served by the Court on all parties, including the Guardian ad Litem or CASA, as applicable.

CRITICAL

Applies to

Motion

Each beneficiary must either file a waiver of notice and consent or be served with the motion and hearing notice.

All beneficiaries must either file waivers of notice and consent or be served with a copy of the motion and notice of hearing.

CRITICAL

Notice of a motion requesting approval of other receivership expenses must be given to all appropriate parties.

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

CRITICAL

Service

Electronic service

Attorneys and agencies of record must provide a valid email address for electronic receipt of court documents.

All attorneys and/or agencies of record shall be required to provide a valid email address to receive notice, orders, entries, and other documents electronically.

CRITICAL

Applies to

Notice of bail forfeiture

The Clerk must send the defendant and surety notice of bail forfeiture in a form approved by the Court.

Notice of bail forfeiture shall be sent by the Clerk to the Defendant and to the surety in a form as may be approved by the Court.

CRITICAL

Service

Personal service

In protective services actions, court investigators must make personal service on the adult unless the Court orders otherwise.

The Court appoints its court investigators as standing process servers for service on the adult in any protective services action. Personal service upon the adult is mandatory and shall always be perfected by the court investigators, unless otherwise ordered by the Court.

CRITICAL

After each competency hearing, the Court must give the listed recipients written notice stating the next hearing’s date, time, and place; mailing is unnecessary if that notice was provided in writing at the end of the preceding hearing.

Upon the conclusion of every competency hearing, the Court shall provide written notice to the prosecuting attorney, the Juvenile’s attorney, the Juvenile’s Guardian ad Litem/CASA, and the Juvenile’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

Notice of a proposed sale or lease must be given to all parties and all known persons with an interest in the property.

Notice must 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

Service

Electronic service to all parties

The Court must issue and serve documents electronically; electronic service constitutes service and satisfies any certificate-of-service requirement unless the Court knows of a technical failure causing non-receipt.

The Court shall issue and serve all notices, orders, entries, and other documents electronically. Electronic Service of the filing constitutes service of the filed document and satisfies the certificate of service requirement, if any, unless the Court has actual knowledge of a technical failure resulting in non-receipt of a document.

WARNING

A reply memorandum may be served on opposing counsel within seven days after the date stated in the memorandum contra's certificate of service.

A reply memorandum may be filed and served upon opposing counsel within seven days after the date stated in the certificate of service in the memorandum contra.