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

CRITICAL

Service

Mail to court

The Adult Probation Department must send the specified notice to each identified court by ordinary U.S. mail.

2. The Adult Probation Department shall send a Notice to Court Regarding Petition for Certificate of Qualification for Employment and Submission of Information Regarding Petition for Certificate of Qualification for Employment to each court so identified. Such Notice shall be sent via ordinary US mail.

CRITICAL

Applies to

Final appealable order

Service

Mail to all parties

The Clerk must mail final appealable orders to counsel and all parties within 3 days after journalization.

All final appealable orders will be delivered to counsel, unrepresented parties and represented parties by the Clerk by regular U.S. mail within three (3) days of journalization.

CRITICAL

Service

Mail

The clerk must serve the original complaint by certified mail, return receipt requested, unless alternative service instructions are filed with the complaint; after failed service, the serving party must file further written instructions within 30 days.

Clerk shall perfect service of the original complaint by United States Postal Service via certified mail, return receipt requested, pursuant to Civil Rule 4.1 unless written instructions requesting alternative means of services are filed with the original complaint. In the event of failure of service, the serving party must file further written instructions within thirty (30) days).

CRITICAL

Unless the court already served the proposed order through the e-filing system, the submitting or approving party must serve it on the receiver or receiver's counsel and on all appeared parties or parties whose service of process is underway.

Unless it is clear that service has already been made by the court using the e-filing system, the party who submitted or approved a proposed order entered by the court is responsible for serving it upon the receiver or receiver's counsel and upon all parties who have appeared, or for whom service of process remains underway.

CRITICAL

Every pleading must be served on the Guardian ad Litem, who must also receive notice of every hearing.

The Guardian ad Litem shall be served with copies of all pleadings and shall be provided notice of all hearings.

CRITICAL

Applies to

Investigation report

Service

Court service to all parties

When the investigation report is filed, the court must send copies to counsel of record and unrepresented parties, with a cover sheet containing the specified notice.

H. At the time the investigator's report is filed, copies shall be sent by the court to the attorney(s) of record and any unrepresented parties. When the report is sent to the attorney(s) and/or unrepresented parties, a cover sheet containing the NOTICE stated in Paragraph D above shall be attached to the report.

CRITICAL

Applies to

Motion

Unless another period is fixed by the rules or court order, a written motion concerning trial must be served no later than 28 days before trial begins.

Unless a different period is fixed under these rules or by order of the court, a written motion for purposes of a trial shall be served no later than twenty-eight days prior to the start of trial.

CRITICAL

Applies to

Guardian ad litem report

The Guardian ad Litem must provide the report to unrepresented parties and counsel of record, and counsel may share its contents with their clients.

The report shall be provided by the Guardian ad Litem to unrepresented parties and legal counsel of record. Counsel may share the contents of the report with their clients.

CRITICAL

Copies of each receivership plan and report must be filed with the clerk and served on all parties who have appeared or for whom service remains pending.

Copies of each receiver's plan and report shall be filed with the Clerk, with service upon all parties who have made an appearance or for whom service remains pending.

CRITICAL

Applies to

Motion for interim fees

An interim-fee motion filed when a guardian ad litem's fees exceed $2,500 must be served upon all parties.

At any time the fees of a guardian ad litem exceed $2,500.00, the guardian ad litem shall file a motion for interim fees, served upon all parties, which must include a detailed statement and description of rendered services.

CRITICAL

Applies to

Guardian ad litem report

Service

Court service

A volunteer Guardian ad Litem must submit reports with distribution instructions, and the Court must distribute them to attorneys and unrepresented parties according to those instructions.

A volunteer Guardian ad Litem shall submit his/her reports to the Court with instructions as to distribution. The Court shall be responsible to distribute to the attorneys and unrepresented parties per instructions provided by volunteer Guardian ad Litem.

CRITICAL

Service

Mail

The Adult Probation Department must send the specified notice to the Williams County Prosecuting Attorney.

3. The Adult Probation Department shall also send a Notice to Prosecutor Regarding Petition for Certificate of Qualification for Employment and Submission of Information Regarding Petition for Certificate of Qualification for Employment to the Williams County Prosecuting Attorney.

CRITICAL

Applies to

Division of property order

Service

Court service

When a DOPO is filed, counsel or the self-represented party must simultaneously file a praecipe directing the clerk to serve the plan administrator.

H. Upon the filing of a Division of Property Order, Counsel or self-represented party shall simultaneously file a praecipe directing the Clerk to serve the Plan Administrator with the Division of Property Order.

CRITICAL

Applies to

Motion

Unless another period is fixed by the rules or court order, a written motion concerning a nontrial hearing must be served no later than 14 days before the hearing.

Unless a different period is fixed under these rules or by order of the court, a written motion for purposes of a hearing that is not a trial shall be served no later than fourteen days prior to the hearing

CRITICAL

Service

Mail to opposing party

After judgment entry, the Clerk must notify each defendant by mailing a copy of the pleadings and judgment entry by registered or certified mail to the address stated in the complaint.

The Clerk shall notify the defendant or defendants by mailing a copy of the pleadings and judgment entry by registered or certified mail at the address set forth in the complaint.

CRITICAL

The party making service must file proof of service.

Proof of service must be filed by the party making service.

CRITICAL

Applies to

Complaint

For an electronically filed original complaint, the Clerk prepares the service copies, and the filing party must not furnish them.

When an original complaint is filed by electronic means as set forth in Division F below, the Clerk shall make service copies at the per page copy cost set forth in Appendix B. The filing party shall not furnish service copies of the original complaint.

CRITICAL

Papers requiring service under Civil Rule 5 must be served on both the attorney with a limited appearance and the attorney's client.

When an attorney has entered a limited appearance, any pleading, order, notice, brief or other paper that Civ.R. 5 requires to be served must be served on both the attorney and the attorney's client.

WARNING

Applies to

Judgment entry or order

Judgment entries and counsel-prepared orders must provide enough copies for the Clerk to give one to trial counsel and unrepresented parties, with one extra copy in child-support or spousal-support domestic relations cases.

B. Copies of a judgment entry, or an order prepared by counsel, shall be in sufficient quantity so the Clerk of Courts may distribute one (1) to trial counsel and unrepresented parties. One extra copy shall be provided to the Clerk in all domestic relations cases involving the payment of child support or spousal support.

WARNING

Applies to

Judgment entry or order

Service

Court service to all parties

The Court or Clerk must transmit judgment entries and other orders to counsel and unrepresented parties, and to represented parties when ordered.

A. The Court shall transmit, or direct the Clerk of Courts to transmit, copies of judgment entries or other orders to all counsel and unrepresented parties and represented parties if so ordered.

WARNING

Applies to

Reply

A movant's reply to a response to any written motion may be served 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

Motion response

A response to a written motion other than a summary-judgment motion generally may be served within 14 days after service of the motion.

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

WARNING

A motion seeking a continuance must be served on the opposing attorney or self-represented party.

If a continuance of a scheduled neutral evaluation session is desired, a motion seeking a continuance will be required, served upon the opposing attorney(s) or self-represented party(s).

WARNING

Applies to

Motion response

A response to a motion 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.