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

CRITICAL

Applies to

Motion for mediation

Any party may request mediation by filing a motion for mediation and serving it on all parties.

Any party may request mediation by filing a motion for mediation and by serving the motion on all parties.

CRITICAL

The non-moving party may serve a response within 14 days after the final Mediation Outcome Report is filed.

The non-moving party may file and serve a response within 14 days after the filing of the final Mediation Outcome Report.

CRITICALCriminal cases

Service

Mail

A surety must receive notice by ordinary mail at the address listed on the bond of the show cause hearing.

Any surety shall be given notice by ordinary mail at the address shown on the bond of a show cause hearing on a date determined by the Court pursuant to R.C. 2937.36.

CRITICALCriminal cases

Applies to

CQE petition

When a CQE petition is filed, the clerk must notify the Community Corrections Program and Prosecuting Attorney and provide each with a copy.

Upon the filing of a petition for a CQE, the clerk of courts shall notify the Tuscarawas County Community Corrections Program and the Tuscarawas County Prosecuting Attorney of the filing and provide them with a copy of the petition.

CRITICALCriminal cases

The Prosecuting Attorney and the Community Corrections Program must receive notice of hearings on CQE petitions.

The Tuscarawas County Prosecuting Attorney shall be an associated party to the proceedings on the petition, shall receive notice of any hearing, and shall represent the interests of the people of the State of Ohio on all pertinent issues, particularly whether the Petitioner for a CQE poses an unreasonable risk to safety of the public or an individual. The Community Corrections Program shall also receive notice of hearings on such petitions.

CRITICALCriminal cases

The Court must notify the Petitioner and ODRC of its decision through the Court’s electronic record.

The Court shall notify the Petitioner and the ODRC of its decision to grant or deny the petition through the Court’s electronic record.

CRITICALCivil cases

If the title evidence shows that necessary parties were not named as defendants, the plaintiff must add and serve those parties.

Where the evidence of title indicates that necessary parties have not been made defendants, the plaintiff shall add and serve such new parties.

CRITICALCivil cases

Applies to

Notice of issuing order of sale

Service

Mail to all parties

When the Court orders a real-estate sale, the clerk must mail a Notice of Issuing Order of Sale of Real Estate to all parties to the suit.

In any case, where the Court has ordered the sale of real estate, the clerk of courts shall mail a Notice of Issuing Order of Sale of Real Estate to all parties to the suit.

CRITICALCivil cases

Service

Mail to all parties

The sale cannot be confirmed until the party ordering it files a certificate stating that notice was sent by ordinary mail to every appearing party’s last known address or attorney of record.

The Court will not confirm any sheriff’s sale until the party ordering the sale has filed a certificate of service of notice of the sale stating that the notice of the sale has been sent to all parties who have appeared in the action, by ordinary mail to their last known address, or their attorney of record.

CRITICALCivil cases

A party seeking personal service by a special process server must file a motion to appoint the server and submit a proposed entry.

If a party wants personal service to be made by a special process server under Ohio Civil Rule 4.1, that party must file a motion to appoint a special process server. The party must also submit a proposed entry.

CRITICALCivil cases

Applies to

File stamped order

Until the order expires, a file-stamped copy satisfies Ohio Civil Rule 4.1’s court-designation requirement for the special process server.

Until expiration of the Order, the clerk of courts shall accept a file- stamped copy of such order as satisfying the requirements of Ohio Civil Rule 4.1 for designation by the Court as a person authorized to make service of process.

CRITICAL

Every filed pleading, motion, brief, or memorandum must be served on opposing counsel or unrepresented opposing parties.

Every pleading, motion, brief or memorandum filed with the Court shall be served on all opposing counsel or upon all parties not represented by counsel.

CRITICAL

When a case is opened or reopened, or claims are made against additional parties, the clerk serves opposing parties after the filer submits a Request for Service, unless a Civ. R. 4.7 waiver has been filed.

If the case is being opened, reopened, or if claims are being made against additional parties, the clerk of courts shall serve all opposing parties. The party filing the pleading or motion that opens or reopens the court file must request that the clerk of courts serve the document by filing a Request for Service, unless the party has filed a Waiver of Service under Civ. R. 4.7.

CRITICAL

The filing party must serve all other documents as provided in Civ.R. 5.

All other documents shall be served by the party filing the document as provided in Civ.R. 5.

CRITICAL

Electronic notification through an e-filing system does not constitute acceptable service under the Civil Rules.

Any electronic notification sent to a party or attorney through an e-filing system will not be considered acceptable service in compliance with the Civil Rules.

CRITICAL

A separately filed exhibit and its cover sheet must be signed and served according to the Court’s rules for pleadings.

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, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

CRITICAL

Applies to

Proposed order

Proposed orders must be served on all parties contemporaneously.

3. Proposed Orders. Proposed orders must be submitted in Microsoft Word (.doc or .docx) format, must reference the specific motion to which they apply, and must be contemporaneously served on all parties.

CRITICAL

Service

Electronic service to all parties

The Court and Clerk issue, journalize, and serve notices, orders, and other documents electronically, with notices issued to parties without a case-management-system email address and in exempted cases.

7. The Court and the Clerk will issue, journalize, and serve notices, orders, and other documents electronically. The Clerk will issue notices to those parties that do not have an email address in the case management system and on exempted cases listed above.

CRITICAL

When e-filing a claim requiring summons, the filing party must submit service instructions, and the Clerk issues summons using the requested method.

When submitting any complaint, third-party complaint, or other claim requiring summons for e-filing the filing party must also submit instructions for service as required by the Rules of Procedure. The Clerk must issue a summons by the method of service requested in accordance with the applicable rules of procedure.

CRITICAL

The filing party must serve filings after the complaint and include a certificate of service.

It is the responsibility of the filing party to serve all filings subsequent to the complaint and a party must include a certificate of service in accordance with the applicable rules of procedure.

CRITICAL

Service

Electronic service to all parties

An e-filing notice is automatically served electronically on all registered case participants when a document is e-filed.

Once a document is e-filed, a notice of electronic filing will be automatically served electronically on all parties who are registered case participants.

CRITICAL

Service

Electronic service

Electronic service constitutes service and satisfies the certificate requirement unless the filing party knows of a technical failure causing non-receipt.

Electronic service of the filing constitutes service of the filed document and satisfies the certificate of service requirement, unless the filing party has actual knowledge of a technical failure resulting in non- receipt of a document.

CRITICAL

Service

Electronic service

E-service is complete when a registered user receives notice on the e-service notifications page.

E-service of an e-filed document will be deemed complete when a registered user receives the notice on the e-service notifications page through the e-filing system.

CRITICAL

Unsubscribed pro se and other interested parties must be served with a paper copy under the applicable rules.

Pro-se parties and other interested parties who may be served with a filing (such as receivers and other court appointees) but who are not subscribed to the court’s e-filing system must be served with a paper copy in accordance with the applicable rules of procedure.

CRITICAL

Applies to

Motion to seal

Service

Electronic service

A motion to file documents under seal must be served electronically.

A motion to file documents under seal must be filed and served electronically.

CRITICAL

Written responses to motions must be filed and served within 14 days after service of the motion, unless another rule provides otherwise.

Written responses, if any, shall be filed and served within 14 days after service of the motion, unless provided otherwise below.

CRITICAL

Written responses to summary judgment motions must be filed and served within 28 days after service of the motion.

Written responses, if any, shall be filed and served within 28 days after service of the motion.

CRITICAL

Written replies to responses to summary judgment motions must be filed and served within seven days after service of the response.

Any written replies to a response shall be filed and served within seven days after service of the response to the motion.

CRITICAL

Applies to

Written response

Any written response must be served by the Friday before non-oral consideration.

Written responses, if any, shall be filed and served on or before the Friday prior to the non-oral consideration.

CRITICAL

Applies to

Motion for mediation

Any party may request mediation by filing a motion for mediation and serving it on all parties.

Any party may request mediation by filing a motion for mediation and by serving the motion on all parties.

CRITICAL

Applies to

Statement of evidence

The statement of evidence must be served on the other party within 14 days after objections are filed; the other party may serve an objection or proposed amendment within ten days after service of the statement.

The statement shall be served on the other party within 14 days after filing objections, and the other party may serve an objection or a proposed amendment to the statement on the objecting party within ten days after service of the statement.

CRITICAL

Service

Publication

For service by publication in divorce, annulment, or legal separation actions, the Clerk must post the service notice at three specified locations.

When service by publication is made in a divorce, annulment, or legal separation action under Civ.R. 4.4(a)(2), the office of the Clerk of Courts shall post the service of notice on the bulletin board outside of the magistrate’s courtroom, on the bulletin board at the office of the Clerk of Courts, and in the public area of the Tuscarawas County Job and Family Services’ building.

CRITICAL

Applies to

Notice of intent to relocate

Service

Mail

The clerk must mail the relocation notice to the non-residential parent unless the residential parent files an objection motion on the stated statutory grounds.

The clerk of courts shall mail a copy of the Notice of Intent to Relocate to the non- residential parent unless the residential parent files a motion objecting for reasons set forth in R.C. 3109.051(G), including alleged domestic violence or abuse of a child.

CRITICAL

Agreements reached in parenting coordination must be signed by and followed by the parties, kept in the parenting coordination file, and copied to each party and their attorneys, if any.

Parties shall sign and abide by agreements reached during a parenting coordination session, which shall be maintained in the parenting coordination file. The PC shall provide a copy to each party and their attorneys, if any.

CRITICAL

The PC must provide copies of the written decision to the parties and their attorneys, if any.

The PC shall provide copies to the parties and their attorneys, if any.

CRITICAL

A party may file written objections to a PC’s decision with the Court and serve all other parties within 14 days of the decision’s filing date.

A party may file written objections to a PC’s decision with the Court and serve all other parties to the action within 14 days of the filing date of the decision.

CRITICAL

Any other party filing objections must serve all other parties no later than 10 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 10 days after the first objections are filed.

CRITICAL

Service

Mail

Notice of a show-cause hearing must be mailed to the surety at the address listed on the bond.

Any surety shall be given notice by ordinary mail at the address shown on the bond of a show cause hearing on a date determined by the Court pursuant to R.C. 2937.36.

CRITICAL

Any written response must be served by the Friday before the hearing or non-oral consideration, unless another provision states otherwise.

Written responses, if any, shall be filed and served on or before the Friday prior to the hearing or non-oral consideration, unless provided otherwise below.

CRITICAL

If the title evidence shows that necessary parties were not named as defendants, the plaintiff must add and serve those parties.

Where the evidence of title indicates that necessary parties have not been made defendants, the plaintiff shall add and serve such new parties.

CRITICAL

Applies to

Notice of issuing order of sale of real estate

Service

Mail to all parties

When the Court orders a real-estate sale, the clerk must mail a Notice of Issuing Order of Sale of Real Estate to all parties.

In any case, where the Court has ordered the sale of real estate, the clerk of courts shall mail a Notice of Issuing Order of Sale of Real Estate to all parties to the suit.

CRITICAL

Service

Mail to all parties

Notice of a sheriff’s sale must be sent by ordinary mail to all parties who appeared in the action, at their last known address or to their attorney of record.

The Court will not confirm any sheriff’s sale until the party ordering the sale has filed a certificate of service of notice of the sale stating that the notice of the sale has been sent to all parties who have appeared in the action, by ordinary mail to their last known address, or their attorney of record.

CRITICAL

File the form with the Clerk of Courts and deliver or mail a copy directly to the courtroom.

This form is to be filed with the Clerk of Courts and a copy shall be delivered or mailed directly to the courtroom.

CRITICAL

The party filing any other document must serve it as provided in Civ.R. 5.

All other documents shall be served by the party filing the document as provided in Civ.R. 5.

CRITICAL

Every pleading, motion, brief, or memorandum filed with the Court must be served on opposing counsel or, if a party is unrepresented, on that party.

Every pleading, motion, brief or memorandum filed with the Court shall be served on all opposing counsel or upon all parties not represented by counsel.

CRITICAL

Service

Court service to opposing party

When a case is opened or reopened, or claims are made against additional parties, the clerk of courts must serve all opposing parties.

If the case is being opened, reopened, or if claims are being made against additional parties, the clerk of courts shall serve all opposing parties.

CRITICAL

The filer of a pleading or motion opening or reopening a court file must request clerk service by filing a Request for Service, unless a Waiver of Service under Civ. R. 4.7 has been filed.

The party filing the pleading or motion that opens or reopens the court file must request that the clerk of courts serve the document by filing a Request for Service, unless the party has filed a Waiver of Service under Civ. R. 4.7.

CRITICAL

Every proof of service must state the full names and addresses of the people served.

Every Proof of Service must state the full names and addresses of those served.

CRITICAL

The Court will not consider a filing unless it has a correct Request for Service, Proof of Service, or Waiver of Service.

No filing without a correct Request for Service, Proof of Service, or Wavier of Service will be considered by the Court.

CRITICALCivil cases

When a transcript is unavailable, the statement must be served within 14 days after objections are filed, and the other party may serve an objection or proposed amendment within ten days after service.

The statement shall be served on the other party within 14 days after filing objections, and the other party may serve an objection or a proposed amendment to the statement on the objecting party within ten days after service of the statement.

CRITICALCivil cases

Service

Publication

For service by publication in a divorce, annulment, or legal separation action under Civ.R. 4.4(a)(2), the Clerk of Courts must post notice in three specified locations.

When service by publication is made in a divorce, annulment, or legal separation action under Civ.R. 4.4(a)(2), the office of the Clerk of Courts shall post the service of notice on the bulletin board outside of the magistrate’s courtroom, on the bulletin board at the office of the Clerk of Courts, and in the public area of the Tuscarawas County Job ===== PAGE 8 ===== and Family Services’ building.

CRITICALCivil cases

Applies to

Notice of intent to relocate

Service

Mail

The clerk must mail the relocation notice to the non-residential parent unless the residential parent files an objection motion on grounds provided by R.C. 3109.051(G).

The clerk of courts shall mail a copy of the Notice of Intent to Relocate to the non- residential parent unless the residential parent files a motion objecting for reasons set forth in R.C. 3109.051(G), including alleged domestic violence or abuse of a child.

CRITICALCivil cases

A party may file written objections to a parenting coordinator’s decision with the Court and serve all other parties within 14 days of the decision’s filing date.

A party may file written objections to a PC’s decision with the Court and serve all other parties to the action within 14 days of the filing date of the decision.

CRITICALCivil cases

Another party filing objections must serve all other parties no later than 10 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 10 days after the first objections are filed.

CRITICAL

Applies to

Exhibit

An exhibit filed under this procedure must be served according to 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, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

WARNINGCriminal cases

The Community Corrections Program must, to the extent possible, identify other courts with the petitioner’s felony or misdemeanor conviction records, excluding minor traffic offenses, and attempt written notice and solicitation of written comments from the appropriate court.

The Community Corrections Program shall determine, to the extent possible, all other courts with records of felony or misdemeanor convictions (other than minor traffic offenses) of Petitioner and attempt to notify the appropriate court of conviction, in writing, of the filing of the petition, and solicit comments, in writing, regarding the granting of relief.

WARNING

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

“[r]esponses to a written motion, other than motions for summary judgment, may be served within fourteen days after service of the motion.

WARNING

Responses to motions for summary judgment may be served within 28 days after service of the motion.

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

WARNING

Applies to

Reply

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

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

WARNINGCivil cases

A designated standing special process server is authorized to serve process in all cases filed with the Court during the order’s one-year term.

authorized to make service of process in all cases filed with the Court for one year from the filing of this Order.

WARNINGCivil cases

Orders appointing standing special process servers expire one year after filing.

All Orders appointing standing special process servers shall expire one year from the date of filing.

WARNING

Service

Email

The Court Administrator’s office must email the motion docket to listed self-represented litigants and attorneys, and to anyone else who requested weekly delivery.

The motion docket shall be distributed by email to all self-represented litigants and attorneys with a pending case listed on that motion docket and anyone else who has requested weekly delivery of the motion docket.

WARNING

Service

Mail

If no email address is available, the Court Administrator’s office must mail the motion docket by U.S. Postal Service to that litigant or attorney only.

If an email address is not available for a self- represented litigant or attorney with a pending case listed on the motion docket, the Court Administrator’s office shall send that motion docket by U.S. Postal Service mail to that litigant or attorney only.

WARNING

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

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

WARNING

Applies to

Exhibits

Exhibits or other items that cannot be stored or captured electronically may be filed and served in paper form.

Exhibits or other items that cannot be captured or stored in an electronic format may be filed and served in paper form.

WARNING

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

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

WARNING

Applies to

Response

In foreclosure mediation cases, the non-moving party may file and serve a response within 14 days after the final Mediation Outcome Report is filed, only if this extends the deadline otherwise provided by the Local Rules.

The non-moving party may file and serve a response within 14 days after the filing of the final Mediation Outcome Report.

WARNING

The trial assignment order or notice must be mailed or delivered to interested counsel and self-represented parties and filed with the clerk.

The Order or Notice of Assignment for trial shall be mailed or delivered to all interested counsel and self-represented parties and filed with the clerk of courts.

WARNING

Motions must be set by Notice of Hearing, and the clerk must provide a copy to attorneys and self-represented parties.

All motions will be set by Notice of Hearing. All attorneys and self-represented parties will receive a copy of the Notice of Hearing from the clerk of courts.

WARNING

The court administrator must provide the PC with a copy of the complaint.

The court administrator shall provide a copy of the complaint to the PC.

WARNING

If the plaintiff does not timely comply, another interested party may, after notice to the plaintiff, move for permission to file evidence of title.

Upon failure of the plaintiff to timely comply with the foregoing, any other interested party, upon notice to plaintiff, may file a motion with the Court seeking permission to file evidence of title.

WARNING

Until the appointment order expires, the clerk must accept a file-stamped copy of the order as satisfying Ohio Civil Rule 4.1’s court-designation requirement for a person authorized to serve process.

d. Until expiration of the Order, the clerk of courts shall accept a file-stamped copy of such order as satisfying the requirements of Ohio Civil Rule 4.1 for designation by the Court as a person authorized to make service of process.

WARNING

Applies to

Exhibit

An exhibit filed separately must be served in conformance 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, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

INFO

Service

Electronic service

Electronic service is notice of a filed document to all other electronically registered case participants through the e-filing system.

Electronic service. The electronic notice of a filed document to all other electronically registered case participants via the e-filing system.

INFO

Service

Electronic service

Registered e-filing users may electronically serve other registered users through the court’s authorized e-filing system.

All parties who are registered users of the court’s authorized e- filing system may electronically serve all other registered users of the e-filing system through the court’s authorized e-filing system.