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

CRITICAL

If a party timely files objections, any other party may serve additional objections on all other parties no later than ten 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 ten days after the first objections are filed.

CRITICAL

Service

Court service

The filing party must provide the Clerk of Courts with sufficient copies of documents to be served by the Clerk or Sheriff.

It shall be the responsibility of the filing party to provide the Clerk of Courts with sufficient copies of any pleading, motion or other document to be served by the Clerk or Sheriff.

CRITICAL

The plaintiff must serve the Prosecutor on the Treasurer’s behalf with the specified entries, whether or not the Treasurer is named as a party.

The Plaintiff shall serve the Ashtabula County Prosecutor on behalf of the Treasurer with a copy of the proposed confirmation entry, time-stamped final confirmation entry, and time-stamped dismissal entry whether or not the Treasurer is named as a party in the action.

CRITICAL

Unless the assigned Judge signs permission to defer service for a specific period, Instructions for Service accompanying the listed pleadings must state a Civ. R. 4 method, which the Clerk will process under the Ohio Rules of Civil Procedure.

Unless an attorney or party has obtained permission signed by the assigned Judge to defer service of summons for a specific period of time, the Instructions for Service filed with the original complaint or any counterclaim, cross claim or third party complaint shall indicate a method of service pursuant to Civ. R. 4. The Clerk shall issue a summons and process the method of service in accordance with the Ohio Rules of Civil Procedure.

CRITICAL

A party must serve all other parties with written objections within fourteen days of the decision’s filing date.

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

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, not the Clerk, must serve all documents filed after the original complaint, including proposed orders, 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, including proposed orders, filed subsequent to the original complaint on all parties or their attorneys.

CRITICAL

Applies to

Judgment entry

Service

Mail

Once withdrawal is allowed, the Clerk must mail the judgment entry to the client and, if any, the opposing party or counsel.

Upon allowance of withdrawal by the Court, the Clerk of Courts shall serve a copy of the judgment entry on the client and the opposing party or counsel, if any, by regular U.S. mail.

CRITICAL

A copy of the fee itemization must be filed with the Clerk and served on all attorneys and self-representing parties.

A copy of the itemization shall be filed with the Clerk of Court’s office and served on all attorneys and self-representing parties.

CRITICAL

Service

Email

Registered Users consent to email as the default service method, except for Complaints.

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

CRITICAL

Subpoenas must comply with Ohio Rule of Civil Procedure 45(B), and the server must file proof of service before the scheduled matter.

All subpoenas shall be served in compliance with Ohio Rule of Civil Procedure 45(B). Proof of service shall be filed with the Office of the Clerk of Court’s by whomever is serving the subpoena prior to the scheduled matter that an individual is subpoenaed to attend.

CRITICAL

Applies to

Electronically filed pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders, and other documents

Parties must serve electronically filed pleadings and other listed documents 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 in accordance with Ohio Civil Rule 5.

CRITICAL

The Clerk must provide the Prosecutor copies of the application and any hearing notices.

The Clerk shall provide the Prosecutor with copies of the Application and any notices of hearings.

CRITICAL

Service

Mail

The Clerk must serve the Plaintiff with the class-completion order by ordinary mail.

The Clerk of Court shall further serve the Plaintiff with the same Order by ordinary mail.

CRITICAL

An objection to the assessor’s report must be served on opposing counsel at least seven days before the scheduled hearing to prevent admission of the report upon a party’s motion.

Unless an objection is filed with the Court and served on opposing counsel, not less than seven (7) days before the scheduled hearing, the report of the assessor shall be admitted into evidence upon motion of either party.

CRITICAL

Service

Mail

In dissolution cases, the Clerk must serve both parties by regular mail with the class-completion order within seven days after the Petition is filed.

In dissolution cases, within seven (7) days of the filing of the Petition, the Clerk of Court shall, by regular mail, serve both parties with an order to complete the online Parent Education Class.

CRITICAL

Applies to

Subpoena

Subpoenas must be served under Ohio Rule of Criminal Procedure 17(D), and the server must file proof of service with the Clerk before the scheduled matter.

All subpoenas shall be served in compliance with Ohio Rule of Criminal Procedure 17(D). Proof of service shall be filed with the Office of the Clerk of Court’s by whomever is serving the subpoena prior to the scheduled matter that an individual is subpoenaed to attend.

CRITICAL

Service

Mail

Judgment entries must be served on the Prosecutor, the defendant at the defendant’s last known address, and the surety or other persons responsible on the bond, with regular mail specified for the defendant.

Judgment entries referred to in this rule shall be served upon the Prosecutor, and by regular mail upon the defendant at his last known address, and upon the surety and/or other persons responsible on the bond.

CRITICAL

Applies to

Application

Applications seeking remittance or release from bond responsibility must be served on the County Prosecutor.

All Applications must be served upon the County Prosecutor.

CRITICAL

Applies to

Application to withdraw

Counsel must serve the client with a copy of the application to withdraw.

The application to withdraw shall include a certification by counsel that the client has been informed of all scheduled hearing dates and/or filing deadlines, and that a copy of the application to withdraw was served on the client.

CRITICAL

Applies to

Complaint

Service

Court service

The plaintiff must have the Clerk deliver the complaint, but not a summons, to the Treasurer in the stated cases.

The Plaintiff, however, shall cause the Clerk to deliver a copy of the complaint but not a summons to the Treasurer in all cases in which the Treasurer is either not named as a party or named as a party but where the taxes are not contested or in dispute.

CRITICAL

Service

Court service to all parties

The Clerk of Court must serve the standard mutual restraining order on the parties or their counsel.

The standard mutual restraining order shall be served by the Clerk of Court on parties or their counsel.

CRITICAL

The itemized attorney-fee statement must be exchanged with opposing counsel or a pro se party no later than 7 days before the fee hearing.

An itemized statement describing the services rendered, the time for such services, and the requested hourly rate for the in court time and out of court time shall be filed with the Court, and exchanged with opposing counsel or pro se party no later than seven (7) days before the hearing in which the fees requested will be adjudicated.

CRITICAL

Applies to

Complaint

If the title evidence identifies a necessary party who was not made a defendant, the attorney must proceed without delay to add that party and serve the complaint under the Ohio Rules of Civil Procedure.

Where the evidence of title indicates that a necessary party or parties have not been made defendants, the attorney for the party submitting the precipe for Order For Sale shall proceed without delay to cause such new parties to be added and serve a copy of the Complaint in accordance with the Ohio Rules of Civil Procedures.

CRITICAL

In divorce and legal-separation cases, the Clerk must serve the Defendant with the class-completion order along with service of the Complaint.

In divorce cases and legal separation cases, along with service of the Complaint, the Clerk of Court shall serve the Defendant with an order to complete the online Parent Education Class.

CRITICAL

The guardian ad litem must make the written final report available to the parties seven days before the dispositional hearing.

Prepare a written and final report that complies with the requirements of Sup.R. 48(F), file it with the Court and make it available to the parties seven (7) days before the dispositional hearing; and,

CRITICAL

Litigants must copy the guardian ad litem on all pleadings, hearing and deposition notices, entries, and other necessary documents; expenses caused by a failure to notify are charged to the responsible party or parties.

It shall be the responsibility of the litigants in the case to copy the guardian ad litem with all pleadings, notices of hearings and depositions, entries, and any other necessary documents. Any additional expense incurred by the guardian ad litem as a result of counsel’s failure to notify, including the costs of transcripts, shall be charged to the party or parties responsible for such failure.

WARNING

Service

Publication

Notices posted pursuant to Civ.R. 4.4(A)(2) may be posted at the three designated public locations listed.

The three public places designated for the posting of notices pursuant to Civ.R. 4.4(A)(2) are: 1. Ashtabula County Department of Human Services located at 2924 Donahoe Drive Ashtabula, Ohio 44004 2. The Country Neighbor Office located at 39 South Maple Street Orwell Ohio 44034 3. Ashtabula County Court of Common Pleas located at 25 W. Jefferson Street, Jefferson, Ohio 44047.

WARNING

In foreclosure actions, the Treasurer need not answer or be served with later pleadings unless a party challenges the claimed taxes, assessments, or lien priority.

In all real property foreclosure actions, where the Ashtabula County Treasurer is named as a party defendant, the Treasurer need not file an answer to the complaint or any cross-claim, nor does the Treasurer need to be served with any answer or other pleading after the complaint, unless any party challenges the real estate taxes and/or assessments claimed by the Treasurer on the tax records either as to the amount or validity, or as to the priority as a first and best lien.

WARNING

Service

Mail

Certified-mail service is permitted only for out-of-county witnesses when it can be completed in time for the scheduled hearing, and proof of return of service must be filed before the hearing.

Service by certified mail shall only be permissible for out of county witnesses, to ease the burden on the process server, and if it can be completed in a timely manner that will comply with timing of a scheduled hearing, with proof of return of service being filed with the Clerk of Court’s prior to the scheduled hearing.

WARNING

The fax-filing rule does not change the duty to serve pleadings on the opposing party or their attorney under the Ohio Rules of Criminal and Civil Procedure.

This rule does not alter any duty imposed upon a party or their attorney under the Ohio Rules of Criminal and Civil Procedure to serve a copy of all pleadings upon the opposing party or their attorney.

WARNING

Service

Court service

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

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

WARNING

If no lead attorney is specifically designated, the first attorney listed is treated as the lead attorney for service purposes.

If a lead attorney is not specifically designated, the first attorney listed will be considered the lead attorney for the purposes of service.

WARNING

The Court must provide the parenting coordinator with a copy of the complaint.

The Court shall provide a copy of the complaint to the parenting coordinator.

WARNING

Applies to

Subpoena

Service

Mail

Certified-mail service is permitted only for out-of-county witnesses when it eases the process server’s burden and can be completed in time for the hearing; proof of return must be filed before the hearing.

Service by certified mail shall only be permissible for out of county witnesses, to ease the burden on the process server, and if it can be completed in a timely manner that will comply with timing of a scheduled hearing, with proof of return of service being filed with the Clerk of Court’s prior to the scheduled hearing.

INFO

Applies to

Request for hearing to contest registration of foreign parenting order

Service

Mail

The certificate records that a copy of the request was mailed by ordinary U.S. mail to the listed recipient.

I certify that I mailed a copy of the Request for Hearing to Contest Registration of Foreign Parenting Order by ordinary U.S. mail on __________________________________________ on ______________, 20___ to: