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

Service

Mail

An attorney who opts out of email service must file a Request for Mail Service in each case and deliver a copy to the assigned trial judge's assignment commissioner.

(B) Any attorney who does not wish to receive documents by email shall file a “Request for Mail Service” in each case in which he or she does not wish to receive electronic documents. A copy of this request shall be delivered to the assignment commissioner of the assigned trial judge for that case.

Service

Electronic service to all parties

After filing, the Clerk must electronically distribute the filed document to all parties.

Once the document is filed, the Clerk of Courts shall make electronic distribution of the filed document to all parties in the case.

Applies to

Motion to withdraw

The motion-to-withdraw certificate of service must identify the withdrawing attorney’s client and all opposing counsel.

(7) The certificate of service on the motion to withdraw must include the withdrawing counsel’s client as well as all opposing counsel.

The certificate of service on every filing must state the service date and manner and identify certified mail, facsimile transmission, email, or hand delivery.

(A) The certificate of service on all filings shall state the date and manner of service designating whether it was sent by certified mail, facsimile transmission, email, or hand delivery.

Every filing’s certificate of service must state each recipient attorney’s or party’s name, business address, and email address and must be signed in compliance with the Civil Rules.

(B) The certificate of service on all filings shall state the name, business address, and email address for service of each attorney or party to whom the filing is directed and shall be signed in accordance with the Civil Rules.

Service

Electronic service to opposing party

Electronic filing or email filing does not eliminate the requirement to serve opposing counsel or parties under the Rules of Civil Procedure.

(C) The availability of e-Filing or email filing shall not serve to eliminate any requirements to serve opposing counsel or parties with filings pursuant to the Rules of Civil Procedure.

Service

Publication

Service by publication requires the requesting party to file an affidavit and legal notice stating why summons cannot be served, detailing all efforts to locate the party, and attesting that the residence could not be ascertained through reasonable diligence.

(A) If service is to be perfected by publication pursuant to the Ohio Rules of Civil Procedure, the requesting party shall file with the Clerk of Courts an affidavit together with a legal notice. The affidavit shall aver that service of summons cannot be made because the residency of the party to be served is unknown to the affiant, all of the efforts made on behalf of the party to ascertain the residence of the party to be served, and that the residence of the party to be served cannot be ascertained with reasonable diligence.

Service

Publication

Parties and the Clerk must comply with Civil Rule 4.4 for service by newspaper publication, posting, and mail.

(B) The parties and the Clerk of Court shall comply with Civ.R. 4.4 regarding service by publication in a newspaper and by posting and mail.

Applies to

Reply brief

A reply memorandum supporting a summary-judgment motion must be served within 7 days after service of the memorandum contra.

Any reply memorandum in support of a motion for summary judgment shall be served within seven (7) days after service of the memorandum contra.

Applies to

Memorandum contra

A memorandum contra to a motion other than a summary-judgment motion must be served within 14 days after service of the motion and proof of service, with failure to do so potentially resulting in granting the motion without further opportunity to be heard.

Any memorandum contra to a motion, other than motions for summary judgment, shall be served upon the movant’s attorney or, if unrepresented, upon the unrepresented movant within fourteen (14) days from the date the motion and proof of service thereof was served. Failure to serve and file a memorandum contra within this time period may result in the Court granting the motion without further opportunity to be heard.

Applies to

Reply brief

A reply memorandum supporting a motion must be served within 7 days after service of the memorandum contra.

Any reply memorandum in support of a motion shall be served within seven (7) days after service of the memorandum contra.

Applies to

Memorandum contra

A memorandum contra to a motion for summary judgment must be served within 28 days after service of the motion, with failure to serve and file it potentially resulting in granting the motion without further opportunity to be heard.

Any memorandum contra to a motion for summary judgment shall be served upon the movant’s trial attorney or, if unrepresented, upon the unrepresented movant within twenty-eight (28) days after service of the motion. Failure to serve and file a memorandum contra within this time period may result in the Court granting the motion without further opportunity to be heard.

Electronic or email filing does not eliminate the requirement to serve opposing counsel or parties.

The availability and utilization of e-Filing or email filing shall not serve to eliminate any requirements to provide service to opposing counsel or parties.

Applies to

Pretrial statement

The pretrial statement must be served on all other parties in the action.

(D) Not less than seven days before the pretrial conference, all parties shall file with the Court and serve upon all other parties in the action a pretrial statement containing the following information:

Applies to

Exhibits

Trial exhibits not already forwarded must be forwarded to other parties no later than two weeks before trial.

(3) A list of each trial exhibits the party intends to introduce and indication that exhibits have been forwarded to other parties, or will be forwarded by a date not less than two weeks before trial;

Applies to

Notice of sale

Service

Mail to all parties

When a judicial real-estate sale is ordered, the requesting attorney or party must promptly mail notice of the sale’s time, date, and location to record owners, non-defaulting interested parties, or their counsel at their last known addresses.

(1) In every action where a judicial sale of real estate is ordered by the Court, the attorney for the plaintiff, or such other party requesting the sale, shall promptly mail notice of the time, date and location of the sheriff’s sale to the record owner(s) of the subject real estate and to all other interested parties not in default for failure to appear, or their counsel of record, at their respective last known addresses.

Applies to

Notice of sale

Service

Mail to all parties

Record owners must receive notice of sale by mail whether or not they defaulted, unless they were originally served with summons solely by publication.

(2) The record owner(s) of the real estate shall be noticed by mail in all cases whether or not in default for failure to appear, except when said owners were originally served with summons solely by publication.

Applies to

Notice of sale

Service

Publication to all parties

Other parties who failed to answer need not receive notice of sale except by publication under R.C. §§ 2329.26 and 2329.27.

(3) No other parties to the proceeding in default of answer need be served with notice of sale except by publication as provided by R.C. §§2329.26 and 2329.27.

Applies to

Notice of sale

Service

Mail

Failure to provide timely notice to interested parties may result in denial of confirmation of the sale.

(4) Failure to provide timely notice to interested parties shall constitute grounds for denying confirmation of the sale.

Applies to

Notice of sale

Service

Mail

At least 14 days before the scheduled sale date, requesting counsel must file with the clerk a certificate of service stating the date and manner of service and the names and addresses of all interested parties notified.

(a) Not less than 14 days prior to the scheduled sale date, counsel for the party requesting the sale shall file with the clerk of courts a certificate of service of notice of sale date specifying the date and manner of service and the names and addresses of all interested parties who received notice.

Applies to

Notice of sale

Service

Mail

Failure to timely file the required certificate of service constitutes grounds for denying confirmation of the sale.

(b) Failure to timely file the certificate of service required by this Rule shall constitute grounds for denial of the confirmation of sale.

Service

Court service to all parties

When a receiver appointment application is filed, the court will set a hearing by order and notice will be sent to all parties.

(A) When an application is made for the appointment of a receiver, a hearing on the application will be set by court order, and notice will be sent to all parties.

Applies to

Appointing entry

The clerk must accept a copy of the time-stamped appointing entry as satisfying Civ.R. 4.1's requirements for court designation of a person to serve process.

In any case thereafter, the Clerk of Courts shall accept a copy of the time- stamped appointing entry as satisfying the requirements of Civ.R. 4.1 for designation by the Court of a person to make service of process.

Applies to

Order denying and dismissing cspo petition

Service

Court service

The clerk must not serve the respondent with an order denying and dismissing a CSPO petition at the ex parte hearing.

If a judicial official denies and dismisses a petitioner for a CSPO at the ex parte hearing, the clerk of courts shall not serve a copy of the order denying and dismissing the petition upon the respondent.

Applies to

Bail modification application

A party seeking to modify criminal bail must give opposing counsel notice before applying to the Court.

such party shall make application to the Court. Notice thereof shall be given to opposing counsel prior to the making of such application.

Applies to

Motion

The moving party must immediately provide a copy of any pretrial motion to the adverse party.

The moving party shall immediately furnish a copy of the motion to the adverse party.

Applies to

Indictment

For a non-incarcerated defendant, the prosecuting attorney must set arraignment with at least seven days allowed for service of the indictment.

If the defendant is not incarcerated, the prosecuting attorney shall set the arraignment so that at least seven days are allowed for service of the indictment.

Applies to

Sentencing entry

Service

Electronic service to all parties

Within three days after a sentencing entry is filed, the clerk must electronically serve a copy on every party of record.

The clerk of courts shall, within three days of the filing of a sentencing entry, serve a copy of the sentencing entry electronically on all parties of record.

Applies to

Petition

Service

Personal service to opposing party

The filing requests service on the respondent of the petition, any ex parte protection order, and accompanying documents.

please serve Respondent a copy of the Petition, ex parte protection order, if granted, and any other accompanying documents to the address below and as follows:

Applies to

Petition

Service

Mail to opposing party

The form offers service by certified mail with return receipt requested.

Certified Mail, Return Receipt Requested

Applies to

Petition

The form permits the requester to specify another method of service.

Other (specify)

Applies to

Motion or letter

A written motion or letter filed with the clerk must also be sent to every other party or that party's attorney.

If you do file a written motion or letter with the clerk, you must also send a copy of that document to every other party involved in the case (or to each party's attorney, if the other parties are represented by attorneys).

Applies to

Motion or letter

A motion or letter must include a service statement identifying the recipients, method of service, and date of service.

Be sure to attach to your motion or letter a document stating that you have in fact sent a copy of your motion or letter to all of the other parties, and explaining how (for example, by personal delivery or by mail) and when that service was done.

Applies to

Dormant case notice

Service

Mail to all parties

After Court approval, the clerk must provide notice by ordinary mail to the attorney of record or unrepresented party in each dormant case with no filing or hearing for six months.

During the first week of the months of February, June, and October, the clerk shall prepare a list of all cases in which there have been no filings or hearings during the preceding six (6) months. After the list of dormant cases has been approved by the Court, the clerk will furnish notice, by ordinary mail, to every attorney of record or unrepresented party in each dormant case.

Service

Email

The Court prefers email service, but unrepresented parties must be served by regular mail unless they have provided the Court with an email address.

(A) The preferred method for service of documents by the Court shall be by email. Unrepresented parties shall be served by regular mail, unless an email address has been provided to the Court.

Service

Mail

Electronic proof of service for certified or express mail sent by the Court satisfies the Civil Rules service requirements.

(1) Electronic proof of service for certified or express mail sent by the Court shall be deemed in compliance with the service requirements of the Civil Rules.

Service

Mail

Electronic return receipts are permitted but not required for certified-mail service by the Court.

(2) The use of electronic return receipts is not mandatory.

Service

Electronic service to all parties

The Court and clerk will electronically issue, journalize, and serve notices, orders, and other documents.

The Court and clerk will issue, journalize, and serve notices, orders, and other documents electronically.