Shelby County Court of Common Pleas, General and Domestic Relations Divisions Service and Proof of Service Rules

CRITICAL

Applies to

Service copy

Filers must not transmit service copies by fax.

The filer shall not transmit service copies by facsimile.

CRITICAL

In civil filings, a plaintiff must initially choose one Civil Rule 4.1 service method and may not request an alternative until a return shows that service failed.

A. In General: In all civil filings, the plaintiff shall initially choose one method of service as provided for in Civil Rule 4.1 and may not request service by an alternate method until there is a return showing failure of service.

CRITICAL

Service

Mail

For international service by mail, the requesting party must follow current USPS guidelines and specify the appropriate mailing method to the Clerk under Civil Rule 4.1.

B. International Service by Mail: The requesting party shall follow the current United States Postal Service guidelines and shall specify to the Clerk the appropriate mailing method to be used (e.g. registered mail), in compliance with Civil Rule 4.1.

CRITICAL

Service

Publication

For service by publication, counsel must submit the proposed notice to the Clerk for approval; after approval, the party transmits it to a newspaper of general circulation and pays publication costs.

C. By Publication: Counsel for a party desiring service by publication shall submit to the Clerk of Courts the proposed legal notice for approval. After approval, the Clerk will cause publication pursuant to Civil Rule 4.4 by returning said notice to the party for transmittal to a paper of general circulation. The requesting party shall be responsible for publication costs.

CRITICAL

A party requesting service by process server must file a motion, affidavit, and order appointing the process server with the Clerk under Ohio Civil Rule 4.1.

E. By Process Server: The requesting party shall file a motion, affidavit and order to appoint the process server with the Clerk of Court in compliance with Rule 4.1 of the Ohio Rules of Civil Procedure.

CRITICAL

Certified mail in a proceeding involving title to real estate must be marked for delivery restricted to the addressee.

All certified mail shall be marked that delivery is restricted to addressee if title to real estate is involved in the proceeding.

CRITICAL

Copies of all correspondence addressed to the Court by any party or counsel shall be mailed or furnished to other counsel or parties in the case, and the correspondence to the Court should disclose to whom it was furnished.

Copies of all correspondence addressed to the Court by any party or counsel shall be mailed or furnished to other counsel or parties in the case, and the correspondence to the Court should disclose to whom it was furnished.

CRITICAL

Applies to

Continuance judgment entry

Immediately after filing the continuance entry, the applicant must send opposing counsel a copy with proof of service noted on it.

The applicant shall there upon notify the opposing counsel by sending a copy of such Entry with proof of service noted thereon, immediately after filing.

CRITICAL

Applies to

Answer memorandum

Each opposing party must serve and file an answer memorandum within fourteen days after the motion is filed.

Within fourteen (l4) days after filing of such Motion, each party opposing the Motion shall serve and file a like Answer Memorandum.

CRITICAL

Applies to

Pretrial statement

The pretrial statement may be e-mailed to the assignment commissioner at akirtley@shelbycountycommonpleas.com and a copy forwarded to opposing counsel.

The pretrial statement may be e-mailed to the assignment commissioner at akirtley@shelbycountycommonpleas.com and a copy forwarded to opposing counsel.

CRITICAL

Upon transfer of the real estate to the purchaser, the Sheriff’s Office must serve the writ of possession on all occupants.

Upon the transfer of the real estate to the Purchaser, the Shelby County Sheriff’s Office shall serve the Writ of Possession to any and all occupants of the real estate.

CRITICAL

A party must serve the motion on opposing counsel and file proof of service.

A party shall serve a copy of the Motion upon opposing counsel and file proof of service.

CRITICAL

Service

Email

Registered Users assent to email as the default service method for all documents other than Complaints.

A Registered User, by virtue of his/her registration with the CMS, expressly assents to service by email as the default method of service for all documents except Complaints.

CRITICAL

The listed documents filed electronically with the Clerk must be served by the parties and the Court in accordance with Ohio Civil Rule 5.

All pleadings (unless excluded herein), motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders and other documents filed electronically with the Clerk shall be served by the parties to a case and the Court in accordance with Ohio Civil Rule 5.

CRITICAL

Applies to

Instructions for service

When Clerk service is required or requested, Instructions for Service must be filed separately and identify the names and addresses of the parties to be served.

For all documents that require service by the Clerk or documents for which a party is requesting that service be made by the Clerk, Instructions for Service shall be filed as a separate document. The Clerk shall not accept Instructions for Service that do not designate the names and addresses of the parties to be served.

CRITICAL

The filer, rather than the Clerk, must serve documents filed after the original complaint on all parties or their attorneys.

In accordance with Civ. R. 5(B)(2) and Crim. R. 49, the filer, not the Clerk, shall be responsible for serving all documents filed subsequent to the original complaint on all parties or their attorneys.

CRITICAL

Applies to

Entries and orders

After an order or entry is signed and filed, the Court or Clerk must serve copies.

After the order or entry has been signed and filed, the Court or Clerk shall serve copies of all entries and orders.

CRITICAL

Proof of service must be made for all documents required or permitted to be served, in compliance with the cited civil and criminal rules.

Proof of service of all documents required or permitted to be served shall be made in compliance with Civ. R. 5(B) (2) and Crim. R. 49(C).

CRITICAL

The filer must notify unregistered pro se parties when a judge-access-only document is filed.

The filer shall notify pro se parties not registered with the Court’s e-File system that a document with “Judge Access Only” was filed.

CRITICAL

Applies to

Sealed document

The filer must serve paper copies of judge-access-only sealed documents on every party in the case.

The filer is required to serve paper copies of the sealed documents on all parties in the case.

WARNING

Unless the serving party gives contrary written instructions, the Clerk may serve process by commercial carrier using delivery that requires a signed receipt with delivery details.

D. By Commercial Carrier: Unless the serving party furnishes written instructions to the Clerk that service be made pursuant to Civil Rule 4.1(A)(1)(a), the Clerk may make service of any process by a commercial carrier service utilizing any form of delivery requiring a signed receipt. The Clerk shall deliver a copy of the process and complaint or other document to be served to a commercial carrier service for delivery at the address set forth in the caption or at the address set forth in written instructions furnished to the Clerk with instructions to the carrier to return a signed receipt showing to whom delivered, date of delivery, and address where delivered.

WARNING

Applies to

Court initiated filing

For designated e-File case types, the Clerk has discretion over service of Court Initiated Filings.

For designated e-File case types, service of Court Initiated Filings shall be made at the Clerk’s discretion.

WARNING

Applies to

Instructions for service

Service

Mail

If a party’s address is unknown, the filer must enter “unknown,” and the Clerk will attempt service by certified mail unless the attorney’s instructions specify otherwise.

If the address of the party to be served is unknown, the filer shall substitute “unknown” for the address and the Clerk will attempt to serve at the unknown address by certified mail, unless specified by instructions for service by attorney.