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

CRITICAL

Applies to

Hearing notice

The party requesting a hearing date must give notice of that date to all interested parties, including the ward and guardian.

The party requesting the hearing date is to give notice to all interested parties, including the ward and guardian, of said hearing date.

CRITICAL

Applies to

Subpoena

The Juvenile Clerk must issue a subpoena signed but otherwise blank to a requesting party, who must complete it before service.

(A)The Juvenile Clerk shall issue a subpoena, signed, but otherwise in blank, to a party requesting it, who shall complete it before service.

CRITICAL

Applies to

Court generated document

Service

Court service

Unless a rule or statute provides otherwise, the Court sufficiently delivers or serves a Court-generated document by placing it in the mailbox of an attorney with a signed, unrevoked authorization on file.

Unless otherwise controlled by rule or statute, it shall be sufficient delivery or service by this Court for any employee, official or deputy clerk of this Court to place a copy of a Court-generated document in the Justice Center Mailbox of any attorney who has a signed Authorization for Use of Justice Center Mailbox maintained in the office of this Court’s Chief Deputy Clerk that has not been revoked in writing.

CRITICAL

The Court must direct same-day delivery of an issued protection order or consent agreement to 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 the Court be delivered the same day 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 the same day that the Order is entered.

CRITICAL

Service

Publication

The plaintiff must publish notice of the time and place of a public sale for at least three successive weeks in a newspaper published in the county where the land is situated.

The plaintiff must also give notice of the time and place of a public sale by advertisement at least three weeks successively in a newspaper published in the county where the land is situated.

CRITICAL

The attorney is responsible for depositing the funds and providing the financial institution with a copy of the entry.

The attorney shall be responsible for depositing the funds and for providing the financial institution with a copy of the entry.

CRITICAL

The substitution notice must be served on all other parties, or the written substitution or withdrawal application must be served on the client.

(A) Unless otherwise ordered, the substitution or withdrawal of a trial attorney shall be permitted only upon filing with the Juvenile Court, and service on all other parties, a Notice of Substitution of Trial Attorney signed by the withdrawing attorney, the client, and a substitute trial attorney; or upon written application for substitution or withdrawal served upon the client and showing of good cause and upon such terms as the Juvenile Court shall impose.

CRITICAL

The fiduciary must give written hearing notice and a copy of the application to interested persons who have not waived hearing notice.

The fiduciary shall give written notice of the hearing and a copy of the application to all interested persons who have not waived notice of the hearing.

CRITICAL

Discoverable items must be produced at the specified locations unless the parties agree otherwise or the Court instructs otherwise.

The party from whom discovery is requested shall produce for inspection, copying, or photographing, the discoverable items to the requesting party as follows or as otherwise agreed by the parties or instructed by the Court: 1. If the requested party is nongovernmental and represented by counsel, at the office of the attorney for the requesting attorney; 2. In parentage/child support proceedings where the requested party is the Seneca County Child Support Enforcement Agency, at the SCCSEA offices; 3. In delinquency/unruly/traffic cases where the prosecutor is the requested party, at the office of the Seneca County Prosecuting Attorney; 4. In dependency, neglect, abuse cases where Seneca County Department of Job and Family Services is the requested party, at the office of the Seneca County Department of Job and Family Services.

CRITICAL

Service

Mail

Unless another method is requested, all service must be made by certified mail.

Unless otherwise requested, all service shall be by certified mail.

CRITICAL

Creditors must present estate claims in writing to the executor or administrator, either directly or with a copy sent to the Probate Court.

All creditors having claims against the estate shall present their claims in either of the following ways: (a) in writing to the executor or administrator, or (b) in writing to the executor or administrator with a copy being sent to the Probate Court.

CRITICAL

The proposed judgment entry must be provided to opposing counsel when its original is submitted to the Court.

submit the original to the Court with a copy to counsel for the opposing party.

CRITICAL

When a party's residence is unknown and cannot be ascertained with reasonable diligence in a Juvenile Division action, service may be made by posting and mail under this Local Rule and Juvenile Rule 16(A), alone or with another listed method.

Pursuant to Rule 16 (A) of the Ohio Rules of Juvenile Procedure, in actions before the Common Pleas Court of Seneca County, Ohio, Juvenile Division, when the residence of a party is unknown and cannot be ascertained with reasonable diligence, service shall be made by any of the following methods or any combination of these methods, to wit: 2. By posting and mail pursuant to this Local Rule and Rule 16(A) of the Ohio Rules of Juvenile Procedure.

CRITICAL

When a guardian comment or complaint is received, the court provides it to the subject guardian and files a certificate of service in the case file.

Upon receipt of a comment or complaint, the Court will provide a copy to the guardian who is the subject of the comment or complaint. A certificate of service will be filed in the case file showing that this step has taken place.

CRITICAL

Physical evidence or other evidence that cannot readily be copied must be made available to the requesting party for inspection, photographing, or other copying.

If discoverable items are physical evidence or other evidence that is not readily copied, then the items shall be made available to the requesting party for inspection, photographing or other copying.

CRITICAL

Applies to

Subpoena

Parties are advised that pursuant to Civil Rule 45(A)(3), a party on whose behalf a subpoena is issued shall serve prompt written notice, including a copy of the subpoena, on all other parties as provided in Civil Rule 5.

Parties are advised that pursuant to Civil Rule 45(A)(3), a party on whose behalf a subpoena is issued shall serve prompt written notice, including a copy of the subpoena, on all other parties as provided in Civil Rule 5.

CRITICAL

Notices for service by posting must be posted at each of the six listed locations; the posting party may also choose additional locations.

at all the following locations and any other locations the posting party deems appropriate: 1. The Juvenile Court of Seneca County, Ohio, located at 103 E. Market Street, Tiffin, Ohio. 2. The Tiffin Municipal Building, located at 103 E. Market Street, Tiffin, Ohio. 3. The Seneca County Common Pleas Courthouse, 103 E. Market Street, Tiffin, Ohio. 4. The Seneca County Auditor’s Office, 109 S. Washington Street, Tiffin, Ohio. 5. The Seneca County Department of Job and Family Services located at 3362 S. Eden Twp. Rd. 151, Tiffin, Ohio. 6. The Fostoria Municipal Building, located at 213 South Main Street, Fostoria, Ohio.

CRITICAL

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

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

CRITICAL

Unless notice is waived, written notice of the application and hearing must be served on entitled persons by personal service or certified mail at least 5 days before the hearing, with proofs of service or waivers attached.

The undersigned does hereby verify that, unless waived, written notice to all persons entitled to notice of the Application, pursuant to ORC §2107.27(A), have been notified of the filing of the Application and of the hearing thereon, no less than 5 days prior to the hearing, by personal service or certified mail. Attached hereto are the proofs of service and/or waivers of notice.

CRITICAL

Service

Mail

The applicant must serve notice by certified mail and file proof of service.

The Court orders the applicant to serve notice by certified mail as required and file the proof of service.

CRITICAL

Applies to

Continuance motion

A motion for continuance must be served on the opposing party as soon as possible and before the hearing.

All motions for continuance must be served upon the opposing party(ies) prior to the hearing as soon as possible.

CRITICAL

The party seeking 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

Service

Mail to opposing party

The plaintiff must mail notice of the time and place of a public sale to all defendants at their last known addresses at least three weeks before the sale.

(B) The plaintiff shall give notice of the time and place of sale by regular mail at least three weeks prior to the date of a public sale to all defendants at their last known addresses.

CRITICAL

Applies to

Hearing notice

The party requesting a hearing date must serve notice of that date on all interested parties, including the minor and the minor’s parents.

The party requesting the hearing date is to serve notice to all interested parties, Including the minor and the minor’s parents, of said hearing date.

CRITICAL

After seven consecutive days of posting and filing of the affidavit, the Clerk must docket where and when notice was posted, and service is complete when the Clerk enters the posting.

After the seven (7) consecutive days of posting and upon the filing of the affidavit of posting, the Clerk shall note on the docket where and when notice was posted. Service shall be complete upon the entry of posting by the Clerk.

CRITICAL

For service by posting and mail, all notices must be posted on the same date for seven consecutive days and promptly removed when the posting period ends.

The party seeking service by posting and mail shall cause each of these notices to be posted on the same date. Each notice shall be posted in the required locations for seven (7) consecutive days. After the conclusion of the seven (7) day posting period, the party or the counsel causing the posting shall promptly remove the posted notices from each posting site.

CRITICAL

Within seven days after appointment, the administrator must notify all persons entitled to inherit, including those entitled to support, unless they received hearing notice or waived notice.

The administrator shall give notice of the appointment within seven days after the appointment to all persons entitled to inherit, including persons entitled to an allowance for support, unless those persons have been provided notice of the hearing on the appointment or have waived notice.

CRITICAL

At the conclusion of each competency hearing, the Court must give the listed recipients written notice of the next hearing's date, time, and place; mailing is unnecessary if that written notice was provided at the end of the preceding hearing.

Upon the conclusion of each hearing, the Court shall provide written notice to the prosecuting attorney, the child’s attorney, the child’s Guardian ad litem, and the child’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

Service

Personal service

When personal service of summons or notice is required on a nonresident of the county, a deposit is necessary if the sheriff charges a fee.

(B) In case personal service of summons or notice is required upon non-residents of the county and if a fee is charged by the sheriff then a deposit is necessary.

CRITICAL

Applies to

Pretrial conference notice

Service

Mail

Notice of the pretrial conference must be mailed to all attorneys of record at least 14 days before pretrial.

Notice of the pretrial conference shall be given to all attorneys of record by mail at least 14 days prior to pretrial.

CRITICAL

Service in any matter filed or pending before the Court must comply with the Rules of Civil Procedure.

Service in any matter filed or pending before the Court shall be in accordance with the Rules of Civil Procedure.

CRITICAL

Service

Mail

After the praecipe and affidavit seeking service by posting are filed, the Clerk must mail the summons and accompanying pleadings by ordinary mail, address correction requested, to the party's last known address.

Upon the filing of the praecipe and affidavit seeking service by posting as set forth in this rule, the Clerk shall cause a summons and accompanying pleadings to be mailed by ordinary mail, address correction requested, to the last known address of the party to be served as required by Rule 16(A) of Ohio Rules of Juvenile Procedure.

CRITICAL

If a hearing on an attorney-fee application is scheduled, notice must be given to all parties affected by payment unless the Court orders otherwise.

If a hearing is scheduled on an application for the allowance of attorney fees, notice shall be given to all parties affected by the payment of fees, unless otherwise ordered by the Court.

CRITICAL

Applies to

Modified subpoena

An attorney who modifies a subpoena must promptly give all other parties written notice of the modification and a copy of the modified subpoena.

If the issuing attorney modifies a subpoena, the issuing attorney shall give prompt written notice of the modification, including a copy of the subpoena as modified, to all other parties.

CRITICAL

Delivery or service through the Justice Center Mailbox is complete on the business day after the documents are placed in the mailbox.

3. Delivery or service via the Justice Center Mailbox is complete on the next business day following placement therein.

CRITICAL

Service

Court service

Attorneys seeking Court delivery or service through a Justice Center Mailbox must submit the signed Appendix E authorization, and submitting it waives alleged imperfections of service.

Attorneys who wish to receive delivery or service from this Court through a Justice Center Mailbox shall submit a signed Authorization for Use of Justice Center Mailbox form (Appendix E) to authorize use. The submission of an Authorization for Use of Justice Center Mailbox shall be deemed to constitute a waiver of any alleged imperfections of service.

CRITICAL

Service

Court service

A party requesting Clerk service must provide the current address of every party to be served, regardless of the requested service method.

A party requesting service by the Clerk must provide the current address of all parties to be served regardless of the form of service requested.

CRITICAL

Applies to

Hearing notice

Service

Publication

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

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

CRITICAL

Applies to

Supporting affidavit

The party subject to the contempt action must be served with the affidavit together with the contempt motion.

The party against whom the contempt action has been filed shall be served with a copy of the affidavit along with the motion for an order in contempt.

CRITICAL

Service

Mail

The probate court must serve the surviving spouse by certified mail with the required citation and summary of rights within seven days of the initial appointment, unless a local rule sets a different time or the specified waiver is filed.

The probate court shall serve by certified mail the spousal citation and summary of rights required by R.C. 2106.02 to the surviving spouse within 7 days of the initial appointment of the administrator or executor, unless a different time is established by local rule or unless the 8.6, Waiver of Service to Surviving Spouse of the Citation to Elect is filed.

CRITICAL

Applies to

Motion

Copies of a motion contesting a temporary residential-parent order must be served in accordance with the Rules of Civil Procedure.

Copies of the motion shall be served in accordance with the Rules of Civil Procedure.

CRITICAL

Applies to

Subpoena

An issuing attorney who modifies a subpoena must promptly file notice of the modification to all other parties.

If the issuing attorney modifies the subpoena in any way, the issuing attorney shall file prompt notice of the modification to all other parties.

CRITICAL

Applies to

Efile document requiring service

An e-filed document requiring service must include a certificate stating the date and manner of service on each case participant.

A certificate of service shall be included when an eFiler electronically files a document requiring service in accordance with the Ohio Rules of Civil Procedure and/or the Seneca County Probate Court Local Rules. The certificate of service shall state the date and manner in which service was accomplished on each case participant.

CRITICAL

The court will not issue an order of sale unless civil-procedure requirements for service of process and defendants’ answers have been satisfied.

no order of sale shall be issued by the Court unless the Rules of Civil Procedure have been complied with regarding service of process and answers by defendants.

CRITICAL

The Ohio Rules of Civil Procedure govern service of required non-summons notice when the statute does not specify how it must be served.

(A) The Ohio Rules of Civil Procedure shall apply to any proceeding where notice, other than service of summons, is required by law or deemed necessary by the Court and the statute providing for such notice does not direct the manner of its service.

CRITICAL

Service

Personal service to opposing party

Motions for ex parte relief must be personally served on the opposing party unless the Court directs otherwise.

All motions for ex parte relief shall be served upon the opposing party by personal service unless otherwise directed by the Court.

CRITICAL

The parties must notify the Court and Child Support of an address change within 30 days before moving, in compliance with local Rule 7.06.

The parties shall also comply with local Rule 7.06 in notifying the Court and Child Support on any change in address within 30 days prior to moving.

CRITICAL

Service of process must comply with Civ. R. 45(B) and Juvenile Rule 17(C).

Service of process shall be made in accordance with the provisions of Civ. R. 45(B) and Juvenile Rule 17(C).

CRITICAL

The applicant is responsible for serving the notice required by ORC 2107.27(A).

The applicant seeking to admit a lost, spoliated or destroyed will to Probate is responsible for serving the notice required in ORC 2107.27(A).

CRITICAL

Notice of an administrator appointment application must be served at least seven days before the hearing; if no known surviving spouse or in-state next of kin exists, it must be served on persons designated by the Court.

Notice of an application for appointment of administrator shall be served at least seven days prior to the date set for hearing. If there is no known surviving spouse or next of kin resident of the state, the notice shall be served upon persons designated by the Court.