Ross County Court of Common Pleas, General Division Service and Proof of Service Rules

CRITICAL

Service on counsel is complete the day after placement in the notice boxes, but this rule applies only to Courts No. 1 and 2 of the Ross County Common Pleas Court General Division.

Service on counsel shall be considered complete on the day following placement therein. This rule applies only to the operation of Court No. 1 and 2, Ross County Common Pleas Court General Division.

CRITICAL

Applies to

Missing exhibit

A separately filed missing exhibit must be served in accordance 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, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.

CRITICAL

The extension motion and affidavit must be served on opposing counsel, and the assigned Judge will set a time to hear the matter.

The motion and affidavit shall be served upon opposing counsel and the matter shall be heard at a time to be fixed by the Judge to whom the case is assigned.

CRITICAL

Applies to

Notice of substitution of trial attorney

A trial attorney may be substituted by filing and serving a notice signed by the withdrawing attorney, the client, and the substitute trial attorney.

Upon filing with the Court and service on all other parties of a notice of a substitution of trial attorney signed by the withdrawing attorney, the client and a substitute trial attorney; or

CRITICAL

Applies to

Application for substitution or withdrawal

An application for substitution or withdrawal must be written, served on the client, show good cause, and comply with terms imposed by the Court.

Upon written application for substitution or withdrawal served upon the client and showing of good cause and upon such terms as the Court shall impose.

CRITICAL

Applies to

Response to written motion

A response to a written motion other than a summary judgment motion may be served within 14 days after service of the motion.

Responses to a written motion, other than motions for summary judgment, may be served within fourteen (14) days after service of the motion.

CRITICAL

Applies to

Response to summary judgment motion

A response to a summary judgment motion may be served within 28 days after service of the motion.

Responses for motions for summary judgment may be served within twenty-eight (28) days after service of the motion.

CRITICAL

Applies to

Reply to response to written motion

A movant may serve a reply to a response to any written motion within 7 days after service of the response.

A movant's reply to a response to any written motion may be served within seven (7) days after service of the response to the motion.

CRITICAL

Applies to

Written motion

Unless Ohio law or a Court Order sets a different period, a written motion for a nontrial hearing must be served at least 14 days before the hearing, and a written motion for trial must be served at least 28 days before trial begins.

Unless a different period is fixed under Ohio law or by Court Order, a written motion for purposes of a hearing that is not a trial shall be served no later than fourteen (14) days prior to the hearing, and a written motion for purposes of a trial shall be served no later than twenty-eight (28) days prior to the start of trial.

CRITICAL

Applies to

Reply to motion response

Responses to motions covered by this rule follow Local Rule 10.02, but movants may not serve a reply.

Responses to such motions may be served as provided in Local Rule 10.02; however, a movant's reply to the response is not permitted.

CRITICAL

Each party must serve the pre-trial statement on opposing counsel at least ten days before the conference.

It is the Order of the Court that each of the parties herein serve upon opposing counsel and file with the Clerk of Courts not less than ten (10) days prior to pre-trial conference a pre-trial statement containing all the following information:

CRITICAL

The attendance notice, scheduling telephone number, and excusal reasons must be served with the summons or motion, with counsel responsible for notice in represented dissolutions and the Clerk responsible in pro se dissolutions.

Notice of the attendance requirement, a telephone number for the party to contact in order to set up the scheduled class attendance, and a listing of the reasons for which attendance may be excused shall be provided by the Clerk and served with summons or the motion. In dissolutions, where one party is represented by counsel, counsel shall be responsible for furnishing this required notice to the other party. In pro se dissolutions, the Clerk shall furnish the information to the party or parties filing the dissolution.

CRITICAL

Service

Publication

For specified divorce, annulment, or legal separation actions where the plaintiff proceeds in forma pauperis, the Clerk must post notice at three stated locations for six consecutive weeks.

The Clerk of this Court shall cause service of notice in all divorce, annulment or legal separation actions in which the plaintiff is proceeding *In Forma Pauperis* pursuant to Rule 4.4, Ohio Rules of Civil Procedure, to be made by posting one copy of such notice in the office of the Clerk of Courts of Common Pleas, Ross County, Ohio, one copy to be posted in the first floor of the Chillicothe Municipal Court Building, 95 East Main Street, Chillicothe, Ohio, and one copy to be posted in the first floor of the Ross County Annex, 475 Western Avenue, Chillicothe, Ohio, for six (6) consecutive weeks

CRITICAL

The Clerk must send notice and response forms to each identified court by ordinary U.S. mail, facsimile, or email.

The Clerk of Courts shall send appropriate notice and response forms to each court identified. Such Notice shall be sent via ordinary US mail, facsimile or e-mail.

CRITICAL

The Clerk must send appropriate notice and response forms to the Ross County Prosecuting Attorney.

The Clerk of Courts shall also send appropriate notice and response forms to the Ross County Prosecuting Attorney.

CRITICAL

The Court must provide the Petitioner written notice of the Court’s Decision and Judgment Entry.

The Court shall provide a written notice to the Petitioner of the Court's Decision and Judgment Entry.

CRITICAL

The Court must notify the DRC of the Petition’s disposition as required by the Administrative Rules and, if the Petition is granted, order the DRC to issue the CQE.

The Court shall also notify the DRC of the disposition of the petition as required under the Administrative Rules, and if granted order the DRC to issue the CQE to Petitioner.

CRITICAL

When the parties cannot reach agreement, the parenting coordinator must provide copies of the written decision to the parties and their attorneys, if any.

The parenting coordinator shall first attempt to assist the parties in reaching an agreement that resolves the dispute. If the parties are unable to reach an agreement, the parenting coordinator shall issue a written decision that is effective immediately. The parenting coordinator shall provide copies to the parties and their attorneys, if any.

CRITICAL

A party may file written objections to a parenting coordinator's decision with the Court and serve all other parties to the action within fourteen days of the filing date of the decision.

A party may file written objections to a parenting coordinator's decision with the Court and serve all other parties to the action within fourteen days of the filing date of the decision.

CRITICAL

If a party timely files objections, any other party filing objections must serve all other parties no later than ten days after the first objections are filed.

If any party timely files objections, any other party may also file objections with the Court and serve all other parties to the action, not later than ten days after the first objections are filed.

WARNING

Service

Mail to all parties

The Clerk serves notice of the final, appealable journal entry by mail on each party listed by counsel.

16.05 Counsel directed by the Court to prepare and submit a journal Entry of a final, appealable order reflecting the findings and rulings of the Court shall provide for the Clerk of Courts a list of all persons entitled to notice, including the names and mailing addresses of all attorneys of record and names and addresses of all unrepresented parties not in default. Counsel shall also provide sufficient copies of said journal entry to the Clerk so that the Clerk may serve notice of the entry by mail upon each party listed.