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

CRITICAL

Using the e-filing portal does not eliminate the filer’s obligation to serve the other parties.

8. Use of the eFiling Portal does not alter the filer’s obligation to serve the other parties to the case.

CRITICAL

Deadline

48 hours

Applies to

Exceptions

Copies of filed exceptions must be served on each arbitrator and the Arbitration Commissioner within 48 hours after filing, and the exceptions must then be assigned for hearing before the judge.

(3) Copies of said exception shall be served upon each arbitrator and the Arbitration Commissioner within 48 hours after filing and shall be forthwith assigned for hearing before the Judge.

CRITICAL

Applies to

Proof of publication

Service

Publication

Publication service is complete only after publication for the required number of weeks and filing of proof of publication with the Clerk.

Service by publication is considered complete only when the legal notice has been published for the appropriate number of weeks and Proof of Publication has been filed with the Clerk of Courts.

CRITICAL

A true copy of each subsequent pleading, motion, response, brief, application, or other paper must be served promptly on opposing counsel and unrepresented parties, with transcripts, depositions, and other evidence transcripts exempted; service and proof of service must comply with the Ohio Civil Rules or other law.

A true copy of each subsequent pleading, motion, response, brief, application or other paper filed in any cause shall be served forthwith by the party filing the same or his counsel upon opposing counsel and each party not represented by counsel, except that transcripts of the proceedings, depositions, and other transcripts of evidence shall not be required to be so served. Such service as well as proof of service shall be made as set forth in the Ohio Rules of Civil Procedure or as otherwise provided by law.

CRITICAL

Applies to

Confirmation of sale or other dispositive order

Service

Court service

The Guernsey County Treasurer must be named as a defendant, and the Court must serve the Treasurer with the dispositive order through the Prosecuting Attorney.

27.04 The Guernsey County Treasurer (“Treasurer”) shall be named a defendant, but need not answer or otherwise appear or respond to the summons. The Court shall serve the Treasurer with a copy of the Confirmation of Sale or other dispositive order of the Court, through the Prosecuting Attorney of Guernsey County, Ohio.

CRITICAL

Applies to

Pending motion

When a victim requests notification of court proceedings, the State of Ohio must timely notify the victim of the pending motion.

37.02 In cases in which the victim has requested notification of Court proceedings, the State of Ohio is required to timely notify the victim of the pending motion.

CRITICAL

The conciliation petition and hearing-date notice must be served in accordance with applicable law.

service of the petition and notice shall be made in accordance with law.

CRITICAL

For documents filed after the original complaint, the filer—not the Clerk—is responsible for serving all parties and/or their attorneys.

the filer, NOT the Clerk, shall be responsible for serving all documents filed subsequent to the original complaint on all parties and/or their attorneys.

CRITICAL

Applies to

Motion and notice of hearing

All motions and notices of hearing on a motion must be served in the manner prescribed by Civil Rule 5, unless another applicable rule provides otherwise.

13.04 Service of all motions and notice of hearing on motion (unless otherwise provided in these Local Rules or in the Civil Rules) shall be made in the manner prescribed by Civil Rule 5.

CRITICAL

Applies to

Complaint or supplemental or amended complaint

Absent a showing of good cause, service of summons must be perfected within six months after filing the complaint or supplemental or amended complaint.

(D) Service of Summons – Absent a showing of good cause, service must be perfected within 6 months of the date of filing the Complaint or a Supplemental or Amended Complaint.

CRITICAL

Applies to

Application and release

The signed Title IV-D application and release must be served on CSEA, but only Form D-4 may be filed with the court.

A Notice (Form D-4) that a signed application and release for Title IV-D services (Form D-5) has been completed and filed. The original application and release are to be provided for service on CSEA. The Clerk is to cause said application and release to be delivered to CSEA with a copy of the pleadings. Only the Notice is to be filed.

CRITICAL

Applies to

Post judgment motion

Service

Mail

A post-judgment motion must include a certificate of service demonstrating mailing by certified mail.

In the caption of a post judgment motion, there shall be typed the name and address of each party and a certificate of service showing proof of mailing by certified mail.

CRITICAL

Applies to

Affidavits and written reports

Copies of affidavits and written reports must be furnished to counsel for all parties at least two weeks before the hearing.

In the instance of affidavits and written reports, copies shall be furnished to counsel for all parties not less than two weeks in advance of hearing.

CRITICAL

Applies to

Service by publication

Service

Publication

An affidavit by the requesting party or counsel must be filed before service by publication may occur.

Before service by publication can be made, an affidavit of the party requesting service or that party's counsel shall be filed with the court, as contemplated under Civ.R. 4.4(A)(1).

CRITICAL

Service

Court service to all parties

The filing party must submit a true copy of the complaint for each party-defendant, and the Clerk arranges service under the Ohio Civil Rules or other applicable law.

Upon filing of a complaint, the person filing the same shall submit to the Clerk a true copy thereof for each Party-Defendant, and the Clerk shall arrange for service to be made thereon as set forth in the Ohio Rules of Civil Procedure or as otherwise provided by law.

CRITICAL

Applies to

Judgment entry

Service

Court service to all parties

After a judgment entry is signed and filed, the Clerk must serve copies on the parties.

After the Judgment Entry has been signed and filed, the Clerk of Courts shall serve copies upon the parties in the case.

CRITICAL

Applies to

Notice

Service

Mail to court

The clerk must mail Form CQE-3 and Form CQE-4 to each court identified through the petitioner's criminal history or other investigation.

The Clerk of Courts shall send a Notice to Court Regarding Petition for Certificate of Qualification for Employment [Form CQE-3] and Submission of Information Regarding Petition for Certificate of Qualification for Employment (Form CQE-4) to each court so identified. Such Notice shall be sent via ordinary US mail.

CRITICAL

Applies to

Foreclosure case

Service must be completed within twelve months or the case will be dismissed without prejudice.

Pursuant to Civil Rule 3, service shall be completed within twelve months, or the case shall be dismissed without prejudice.

CRITICAL

In domestic relations matters, motions and applications filed after the decree must be served on the adverse party pursuant to the Civil Rules.

In domestic relations matters, all motions and applications filed after Decree shall be served upon the adverse party pursuant to Civil Rules.

CRITICAL

Parties making the required pleadings amendments must serve the other parties in accordance with the Ohio Rules of Civil Procedure.

The parties making such pleadings amendments shall serve other parties pursuant to Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Legal notice

Service

Publication

The filing party or counsel, rather than the Clerk, must arrange publication and submit the legal notice to an appropriate newspaper.

The clerk of court no longer performs service by publication. It shall be the responsibility of the person filing the complaint to arrange for publication with the newspaper. Upon filing an affidavit for service by publication, the party or counsel will prepare and submit the legal notice to an appropriate newspaper for publication.

CRITICAL

Applies to

Proof of publication

Service

Publication

Proof of Publication must include the publisher's or agent's affidavit establishing publication and a copy of the published notice.

Proof of Publication shall consist of an affidavit from the publisher or its agent showing the fact of publication together with a copy of the notice of publication.

CRITICAL

The Magistrate must notify all parties of the assignment and provide an opportunity to object in writing to the property designation.

All parties shall be notified by the Magistrate of said assignment and shall have an opportunity to object in writing to the property designation.

CRITICAL

Service

Personal service

A party seeking personal service by a process server must file an entry appointing a special process server.

If a party desires personal service to be by process server pursuant to Civil Rule 4.1, that party must file with the clerk of courts an entry appointing a special process server.

CRITICAL

Applies to

Court order

Service

Email to agency

The clerk must serve a certified copy of the court order on the Ohio Attorney General by email.

Clerk shall serve a certified copy of the court order to the Ohio Attorney General via email.

WARNING

Service

Court service to all parties

For complaints filed through the eFiling Portal, the Clerk will produce copies for service upon each party-defendant when a Request for Service is submitted, at a charge of $0.15 per page per copy.

If the complaint is filed using the eFiling Portal, the Clerk will produce true copies to service upon each Party-Defendant per Request for Service at .15 per page per copy.

WARNING

Applies to

Notice of hearing

Service

Mail to opposing party

When the plaintiff requests a hearing date, the court will send notice of hearing to the defendant by ordinary mail at the address provided by the plaintiff.

At the time Plaintiff requests a hearing date, the Court will cause notice of hearing to be sent by ordinary mail to Defendant at such address as Plaintiff shall provide.

WARNING

Applies to

Notice

The clerk must also send the prosecutor a CQE notice and related information-submission form.

The Clerk of Courts shall also send a Notice to Prosecutor Regarding Petition for Certificate of Qualification for Employment [Form CQE-5] and Submission of

WARNING

Service

Mail to all parties

The Board must mail or otherwise forward copies of the report and award to all parties or their counsel on the same day.

On the same day the Board shall mail or otherwise forward copies of the report and award to all parties or their counsel.

INFO

Virtual service uses advanced postal and electronic technology to obtain certified-mail delivery confirmation, including recipient, delivery date, and delivery address, without modifying Civil Rule 4.1(a).

This advanced postage technology does not modify Civil Rule 4.1(a) Service by Certified Mail, but merely provides for advanced electronic and website technology in the ending of certified mail and receipt of confirmation utilizing facsimile copies to show to whom the mail was delivered, the date of delivery and address where delivered, all in accordance with the now-existing Civil Rules.

INFO

Service

Mail to all parties

If no Request for Service accompanies the complaint, the Clerk will serve it by Certified Mail Return Receipt.

If no Request for Service is filed with the complaint, the Clerk’s default will be service by Certified Mail Return Receipt.

INFO

The Clerk accepts service methods under Civil Rule 4.1, including virtual service using advanced postal technology and certified mail.

The Clerk of the Guernsey County Common Pleas Court shall accept service of process methods as outlined in Civil Rule 4.1 Process methods of service, which methods shall include “virtual” service of process utilizing advanced postal technology or service by certified mail.