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

Deadline

3 calendar days

A written praecipe for transcript must be served on the chief court reporter within three days after filing objections, an appeal, contra-objections, or an appeal reply.

A praecipe for transcript shall be served in written form on the chief court reporter within (3) days after the filing of said objections, appeal, contra objections or appeal reply.

Applies to

Additional witness information

If the court so orders, counsel must provide opposing counsel of record, in writing and within a reasonable time before trial, the names and addresses of additional witnesses and the general nature of their testimony, except for rebuttal witnesses.

if the Court so orders, counsel shall not be permitted to call additional witnesses at trial, except rebuttal witnesses, unless the names and addresses of said witnesses and the general nature of their testimony are furnished, in writing, to opposing counsel of record within a reasonable time prior to trial;

Deadline

2 calendar days

Applies to

Sheriffs sale notice

Service

Personal service

The judgment creditor must serve written notice under Civil Rule 5 on the judgment debtor and each other action party no later than two weeks before the sheriff's sale.

The judgment creditor who has requested that an Order of Sale be issued, shall no later than two (2) weeks prior to the sale scheduled thereon, serve written notice in accordance with Civ.R. 5 upon the judgment debtor and upon each other party to the action in which the judgment giving rise to the execution was rendered.

Deadline

7 calendar days

Applies to

Sheriffs sale notice

Service

Personal service

At least seven calendar days before the sale, the judgment creditor must file with the Clerk a copy of the written notice bearing proof of service.

At least seven (7) calendar days prior to the date of the sale, the judgment creditor shall file with the Clerk of Courts a copy of such written notice with proof of service endorsed thereon.

Applies to

Foreclosure complaint

Service

Personal service

For non-tax civil foreclosure complaints, in-county party defendants and listed unknown defendants must be served by the Summit County Sheriff or designated deputies.

All civil foreclosure complaints (EXCLUDING TAX FORECLOSURE COMPLAINTS) filed with the Summit County Clerk of Courts shall only be served upon party defendants, including any Unknown Defendants who are listed in the complaint in accordance with Civ.R. 15(D), who reside within Summit County by the Summit County Sheriff and/or his designated Deputies.

Applies to

Foreclosure complaint

Out-of-county party defendants must be served under Civil Rule 4.1 and related rules; if sheriff service cannot be made, the plaintiff may use publication or other previously specified methods.

All party defendants who reside outside of Summit County, Ohio shall have service made in accordance with the Civ.R. 4.1 and those related Rules which are applicable. If service is not able to be made by the Sheriff under this Rule, the plaintiff may then avail itself of service by publication and/or by other methods of service as previously set out.

Applies to

Foreclosure complaint

Service

Personal service

The Sheriff or designated deputies must make at least three service attempts on each in-county defendant listed in the complaint.

The Summit County Sheriff and/or his designated Deputies shall make at least three (3) attempts of service upon each of the designated defendants within the complaint who reside within Summit County, Ohio.

Service

Publication to clerk

Upon receipt, the Sheriff's Office must file the Proof of Publication, or a corrected copy if the advertisement was corrected or cancelled, with the Clerk.

The Sheriff's Office will, upon receipt, file the Proof of Publication, or a copy if a correction/cancellation was made to the Advertisement, with the Clerk of Courts.

Service

Court service

The Arbitration Clerk must set the hearing date and time and notify the arbitrators.

The Arbitration Clerk in the Civil Assignment office shall fix a time and date of hearing and shall notify the arbitrators and all parties and/or attorneys to the suit.

To offer covered medical or property-damage bills or estimates without further foundational proof, the party must give the adverse party one week's written notice with copies of the bills.

In actions involving personal injury and/or damage to property, bills or estimates as described herein may be offered and received in evidence without further proof, for the purpose of proving the value and reasonableness of charges for services, labor and materials, or items contained therein, and where applicable, the necessity for such expenses, on condition that one (1) week's written notice has been given to the adverse party, accompanied by copies of the bills to be offered in evidence.

At least one week before arbitration, a party offering a repair estimate must give the adverse party notice, a copy of the estimate, and a statement whether repairs were completed fully or partly.

In the case of an estimate, the party intending to offer the estimate into evidence shall, at least one (1) week prior to the arbitration, forward to the adverse party notice of such intention, together with a copy of the estimate and a statement indicating whether or not the property was repaired in full or in part.

Service

Mail to all parties

On the day the arbitration report and award is filed, the chair must mail or otherwise forward copies to every party or counsel.

Within twenty (20) days after the hearing, the chairman of the Board of Arbitration shall prepare and file a report and award with the Clerk, and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

Service

Court service to clerk

Counsel must immediately notify the Arbitration Clerk of any settlement or dismissal.

Counsel for the parties are required to notify the Arbitration Clerk immediately of any settlement or dismissal.

A copy of the arbitration notice of appeal must be served on each adverse party.

Files a notice of appeal with the Clerk and serves a copy on the adverse party or parties and assigned judge accompanied by an affidavit that the appeal is not being taken for delay.

Deadline

48 hours

Copies of filed arbitration exceptions must be served on each arbitrator within 48 hours after filing.

Copies of said exceptions shall be served upon each arbitrator within forty-eight (48) hours after filing and the matter shall forthwith be set for hearing before the assigned judge.

Written pleadings, motions, briefs, memoranda, and arguments must be served on opposing counsel or unrepresented parties with proof of service, except agreed non-exchanged trial briefs.

Every written pleading, motion, brief, memorandum or argument, filed with the Court or judge, shall be served upon all opposing counsel or upon all parties not represented by counsel, and proof of such service shall be shown on or attached to such written pleading, motion, brief, memorandum, or argument. No such paper filed with the Court or judge without such Certificate of Service, shall be considered by any judge, except trial briefs where it has been agreed by counsel that they shall not be exchanged.

Applies to

Instructions for service

Service

Court service to clerk

Documents requesting Clerk service must include separate Instructions for Service identifying each party’s name and address, using “unknown” when an address is unavailable.

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. If the address of the party to be served is unknown, the filer shall substitute “unknown” for the address.

Service

Electronic service to all parties

Electronic filing generates a notification to the filer and registered users that constitutes service under the Ohio civil and criminal rules.

When a submission is deemed filed pursuant to this Rule, the eFile system shall generate a Notification of Electronic Filing to the filer and any other party who is a registered user of the eFile system. The Notification of Electronic Filing shall constitute service under Civ. R. 5 and Crim. R. 49.

Applies to

Document subsequent to complaint

Service

Personal service to all parties

The filer must serve paper copies on all pro se parties who are not registered users of the court’s eFile system.

The filer shall serve a paper copy of the document on all pro se parties who are not registered users of the Court’s eFile system in accordance with Civ. R. 5 and Crim. R. 49.

Service

Electronic service to all parties

For registered pro se parties and counsel of record, electronic service is complete when the court’s eFile system generates the Notification of Electronic Filing.

For pro se parties who are registered users of the Court’s eFile system and counsel of record, service shall be deemed complete at the time the Notification of Electronic Filing is generated by the Court’s eFile system.

Applies to

Pretrial orders and motion rulings

The Court must sign and serve all pretrial orders and rulings on motions upon all counsel of record.

All pretrial orders and rulings upon motions shall be signed by the Court and served upon all counsel-of-record.

Applies to

Judgment entry

Service

Court service to agency

The clerk must serve ODRC with a time-stamped copy of the judgment granting the CQE petition.

The clerk shall serve a time-stamped copy of the judgment entry upon ODRC.

Applies to

Denial order

Service

Court service

The clerk must serve the order denying a CQE petition on both the petitioner and ODRC.

An order of denial shall be served by the clerk both upon the petitioner and ODRC.

Applies to

Orders of confirmation or vacating sale

Service

Electronic service

The Clerk must serve orders confirming or vacating a sale on the Summit County Sheriff, Civil Division, electronically or by hand delivery.

The Clerk of Courts shall ensure that all Orders of Confirmation of Sale and Orders Vacating Sale are served upon the Summit County Sheriff, Civil Division, either electronically or via hand delivery.

Applies to

Order of appointment

At criminal case assignment, the Order of Appointment of Counsel must be prepared, filed with the Clerk of Courts, and served on defense counsel and the Summit County Prosecutor's Office.

(A) At the time a Common Pleas Court criminal case number is assigned by the Clerk of Courts, the Criminal Assignment Administrator shall prepare an Order of Appointment of Counsel for the Designated Assignment Judge. That order shall be filed with the Clerk of Courts and served upon defendant's counsel and teh Summit County Prosecutor's Ogfice.

Applies to

Indictment

Service

Court service

At case assignment, the Criminal Assignment Administrator must provide the Notice of Assignment to the clerk for service of the indictment on the defendant.

(C) At the time of such assignment, the Criminal Assignment Administrator shall prepare a Notice of Assignment and provide it to the clerk of Courts for service of the indictment upon the Defendant by the Clerk.

Applies to

Notice of assignment

At case assignment, the Notice of Assignment must be served on the defendant and must identify the assigned trial judge.

(A) At the time of assignment of the case under Local Rule 21.03, the Criminal Assignment Administrator shall cause the Notice of Assignment to be served upon the defendant. Said notice shall contain the name of the assigned Trial Judge.

Applies to

Indictment

Service

Court service

Upon receiving the Notice of Assignment, the clerk must serve the indictment on the defendant and provide counsel of record with a copy of the service.

(B) Upon receipt of the Notice of Assignment, the Clerk of Courts shall serve a copy of the Indictment upon the Defendant, and provide a copy of said service to the Defendant's counsel of record, as appointed by the Designated Assignment Judge pursuant to Local Rule 21.09

The Court must give notice to all parties when setting post-judgment or post-sentence proceedings.

All post-judgment and post-sentence proceedings shall be set by the Court with notice to all parties, pursuant to C.P.Sup.R. 8(D) and the Ohio Revised Code where post-judgment proceedings are allowed.

For a receiver fee application exceeding $500, written hearing notice must be served personally or by mail on all creditors or their counsel of record, unless the court orders otherwise.

Written notice of the hearing on application for fees in excess of Five Hundred Dollars ($500.00), shall be served personally or by mail on all creditors or their counsel-of-record, unless otherwise provided by court order.

Applies to

CQE petition

Service

Court service to agency

Upon filing of a CQE petition, the clerk must provide a time-stamped copy to the Summit County prosecutor.

Upon a filing of a petition, the clerk shall provide a time-stamped copy to the Summit County prosecutor.

Applies to

CQE

The state will serve the approved CQE on the petitioner and notify the court that the certificate was issued.

The state, as the issuing authority, will serve the petitioner with the CQE and provide notice to the court that the certificate was issued.

The Summit County Fiscal Officer need not be named as a party in a foreclosure action unless real-estate taxes are contested or the Fiscal Officer holds a personal-property tax lien.

In all foreclosure actions it shall not be necessary to name the Summit County Fiscal Officer as a party unless a party is contesting the amount of real estate taxes or the Fiscal Officer holds a personal property tax lien on the premises.

When the Fiscal Officer is a party and taxes are not disputed and no personal-property tax lien exists, the Fiscal Officer need not answer but must be served with the Confirmation of Sale or dismissal entry.

In all actions in which the Fiscal Officer has been named a party, and in which the taxes are not in dispute nor is there a personal property tax lien, the Fiscal Officer need not file an answer to the complaint or to any cross-claims, but shall be served with a copy of the Confirmation of Sale or the dismissal entry.