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

WARNING

Applies to

Notice of hearing

A fiduciary who serves hearing notice may file a certificate of service, supported by actual proof of service, but is not required to file one.

A Fiduciary who does serve notice of the hearing may, but is not required to, file with the Court a certificate of service of notice of hearing on account, supported by actual green return receipt cards, USPS tracking reports, waivers or other proof of service.

WARNING

Counsel should file and serve proposed verdict forms and, if applicable, proposed jury interrogatories on opposing counsel.

Counsel should file and serve upon opposing counsel proposed verdict forms, and, if applicable, proposed jury interrogatories.

WARNING

Service

Mail

When the Court provides hearing notice, it will use regular mail unless law or rule requires another method.

If the Court provides notice of the hearing, it will do so by regular mail, unless a different method is required by law or rule.

WARNING

Service

Mail

Fiduciaries should send account copies to heirs and beneficiaries by certified mail, but need not file mailing receipts, tracking reports, or acknowledgements with the Court before the hearing date.

You should still send a copy of the account to all heirs and beneficiaries by certified mail. However, you do NOT need to file green cards, USPS tracking reports or signed acknowledgements with the Court until the hearing date.

WARNING

Alternatively, an application may be set for hearing with notice to the Department of Veterans’ Affairs.

In the alternative, the application may be set for hearing with notice given to the Department of Veterans’ Affairs.

WARNING

Applies to

Motion for permanent custody

Service

Publication

A motion for permanent custody may be served by newspaper publication only when the party’s address is unknown.

Service by publication of a Motion for Permanent Custody may be accomplished by newspaper only if the address of the party is unknown.

WARNING

The minor’s parent, guardian, or legal custodian may waive hearing notice or be served under Civil Rule 73.

The parent, guardian or legal custodian of the minor may waive notice of the hearing or be served with notice pursuant to Civ. R. 73.

WARNING

A party or the party’s attorney who initiates an action must attempt to serve all parties as soon as possible.

(A) Any party or attorney for a party who initiates any action in the Court shall attempt to obtain service on all parties as soon as possible.

WARNING

Service

Mail

Fiduciaries should send a copy of the account to all heirs and beneficiaries by certified mail.

You should still send a copy of the account to all heirs and beneficiaries by certified mail.

WARNING

In proceedings other than permanent-custody cases, service on a represented party may be made on the attorney of record.

(B) In all proceedings, except permanent custody, if a party is represented by counsel, service on the party may be achieved by serving the attorney of record.

WARNING

Court investigators are not routinely responsible for serving next of kin or other parties entitled to notice unless the Court orders otherwise.

The court investigators will not be routinely responsible for service to next of kin or other parties entitled to notice, unless the Court orders otherwise.

WARNING

A parent, guardian, or legal custodian may waive notice of the minor trust application and hearing or be served under Civ. R. 73.

Any parent, guardian or legal custodian may waive notice of the application and hearing or be served with notice pursuant to Civ. R. 73.

WARNING

The Court may direct that hearing notice also be served on other persons, in the same manner, as it directs.

In addition to those entitled to notice of the hearing on the application for appointment of a guardian of an adult under R.C. §2111.04(B), the Court may order that notice also be served on, and in the same manner, other persons as the Court may direct.

WARNING

Service

Court service

The Court Bailiff will not provide service in Delinquent or Unruly cases.

The Court Bailiff will not provide service in Delinquent or Unruly cases.

WARNING

Service

Publication

Service by publication may be made through newspaper publication or by posting and mail.

Service by publication can be made by newspaper publication or by posting and mail.

WARNING

Service

Mail

The Court recommends serving notice of every account hearing in every case by certified mail, together with service of the account if desired.

The Court recommends that you always serve the notice of the hearing in every case and on every account by certified mail as protection. This can be done as together with service of the account.

WARNING

Redacted documents may be served on all parties who have appeared when a filing involves trade secrets or attorney-client or work-product communications.

If a receiver's report, motion, fee application, or other filing refers to trade secrets (such as a plan for operating an ongoing business, proposed sale prices, customer information, personnel matters, or other non-public information) or would necessarily reference attorney-client or work-product communications, then redacted documents may be filed in the public record and served upon all parties that have appeared.

WARNING

Service

Court service

The Clerk will not serve subpoenas on behalf of a party.

The Clerk shall not attempt service of a subpoena on behalf of any party.

WARNING

Applies to

Notice of hearing

A fiduciary may serve hearing notice on interested persons, but need not do so unless the Court requires it; this applies to final-account hearings as well.

The Fiduciary may, but is not required to, serve notice of the hearing to interested persons under R.C. §2109.33, unless the Court requires notice in a particular case. This option also applies to notice of a hearing on a final account.

INFO

Separate notice of an account hearing is not required for an account in a decedent’s estate, although the hearing still takes place.

Finally, Rule 64.2(J) eliminates the requirement to serve notice of the hearing on any account in a decedent’s estate. The hearing is still set and still takes place, but notice is not required.

INFO

Interested persons may waive notice and consent in writing to the settlement, apportionment, and distribution of the proceeds.

Interested persons may waive notice and consent to the settlement, apportionment and distribution of the proceeds in writing.

INFO

Court investigators may serve other parties who are present during the initial service on the adult.

The court investigators may serve any other party that are present during the initial service to the adult.

INFO

The Court will serve hearing notice on the proposed ward’s adult children identified as residing in Ohio.

The Court will serve notice of the hearing on those children.

INFO

Serving separate notice of an account hearing and filing proof are optional; if chosen, file the certificate of service together with the return-receipt cards.

Even though our Local Rule does not require that you serve separate notice of hearing on account or provide proof to the Court, you are permitted to do so if you want. Simply file a certificate of service of notice of hearing on the account together with the actual return receipt green cards to the certificate. This step is completely optional, but it may be something to consider doing if you have a problem estate or if you have disgruntled heirs or beneficiaries.

INFO

A process server need not obtain additional materials, including a certified notice, directly from the Court.

A process server does not need to obtain anything additional, including a certified notice, directly from the Court.

INFO

Notice required by law or by this rule may be waived.

Any notice required by law or by this Rule may be waived.

INFO

In later cases, a time-stamped copy of the standing appointment order satisfies the court-designation requirement for a process server.

(C) The Court shall record such appointment on the Court’s General Docket and shall retain the original applications and entries. In any case thereafter, the Court shall accept a time- stamped copy of such order as satisfying the requirements of Civ.R. 4.1 for designation by the Court of a person to make service of process.

INFO

In protective services cases, service on persons entitled to notice other than the adult may be made by any method permitted under Civ. R. 73(E).

Service on all other persons entitled to notice, other than the adult, may be perfected in any manner permitted by Civ. R. 73(E) in protective services cases.

INFO

Applies to

Proof of service

The applicant may file proof of service at the hearing if it was not filed sooner.

If not filed sooner, the applicant may file proof of service at the hearing.

INFO

Service

Publication

Upon request, the Clerk may post service in a conspicuous place in the Juvenile Courthouse and at the listed county locations.

Upon request, the Clerk may post service in a conspicuous place in the Juvenile Courthouse, and in the following public places within the county: Portage County Common Pleas Courthouse, 203 West Main Street, Ravenna, Ohio 44266 and Portage County Administration Building, 449 South Meridian Street, First (1st) Floor, Ravenna, Ohio 44266;

INFO

After the Court approves a process-server appointment, the petitioner may issue service using a copy of the appropriate notice.

Upon the Court’s approval of the appointment, the petitioner may cause to have service to be issued using a copy of the appropriate notice.