Hancock County Court of Common Pleas, General & Domestic Relations Divisions Service and Proof of Service Rules

CRITICAL

For designated eFile case types, filers must serve Civ.R. 5 notices, orders, and other documents by courier, mail, or electronic means and file proof of service with the clerk.

For all designated eFile case types, the filer shall file and serve Civ.R. 5 notices, orders, and other documents using courier, mail, or electronic means. Proof of service must be filed with the clerk.

CRITICAL

An attorney who accepts representation must immediately notify the Court and, as appropriate, all other parties or counsel, even before entering an appearance.

Acceptance of Representation: It shall be the duty of any attorney upon accepting representation of a party in any matter to immediately notify the Court and all other parties or counsel as may be appropriate of such representation, even though the attorney’s appearance may not yet have been entered in the case.

CRITICAL

A party or counsel using the standing process-server procedure represents that due diligence was performed to ensure the server is not a party to the litigation.

2. By utilizing the procedure outlined above, the party or counsel requesting such use represents to the Court that due diligence has been performed to ensure that the Standing Special Process Server is not a party to the litigation.

CRITICAL

Service

Mail

For designated eFile case types, the court must issue, file, and serve the listed documents using traditional certified mail service, subject to this rule.

For all designated eFile case types, the court shall issue, file, and serve pursuant to Civ.R. 4 all pleadings, notices, orders, and other documents using traditional certified mail service, subject to the provisions of this rule.

CRITICAL

Applies to

Pretrial memorandum

Each party must serve the pretrial memorandum by the deadline of seven days before trial.

F. Each party shall file and serve a pretrial memorandum, with a courtesy copy to the Judge or Magistrate assigned to hear the case, no later than seven (7) days prior to the date set for trial.

CRITICALCivil cases

Each party must notify the child support enforcement agency in writing of the specified contact and license information and any changes until further notice from the issuing court or agency.

EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER.

CRITICAL

The filed notice or certificate for formal discovery requests or responses must verify that they were served.

Upon the submission of or response to formal discovery requests pursuant to Civil Rules 26 through 36 to the opposing part(ies), the party submitting such requests or responses shall file with the Clerk of Courts a notice or certificate of discovery requests or responses, verifying the service of discovery requests or responses and specifying the type (e.g., interrogatories, requests for production of documents).

CRITICALCriminal cases

Service

Electronic service to all parties

Electronic service of subsequent documents in eFile cases is valid and effective service on all parties and has the same legal effect as paper service under the former rules.

The electronic service of a subsequent pleading, filing or other documents in eFile cases shall be considered as valid and effective service on all parties and shall have the same legal effect as an original paper document served under former rules.

CRITICAL

An applicant for process-server designation must agree to follow Civil Rules 4 through 6, applicable Local Rules, and case-specific court instructions for service.

5. That the applicant agrees to follow the requirements of Civil Rules 4 through 6, and any applicable Local Rules and special instructions for service of process as ordered by the Court in individual cases.

CRITICAL

Applies to

Notice of relocation

The relocation notice must be served on the other parent; in an emergency, a period shorter than 30 days may be appropriate.

A. If any legal custodian and residential parent of a minor child or children subject to the jurisdiction of the Court intends to move more than 150 miles from the child(ren)’s residence, then such party shall file a written notice of relocation at least 30 days in advance of such removal and serve said notice of relocation upon the other parent. A period of less than 30 days may be appropriate in emergency situations.

CRITICAL

Service

Electronic service to all parties

Electronic service is effective on all parties in eFile cases, but pro se parties and unregistered attorneys must be served a paper copy by the filing party under the applicable civil procedure rules.

The electronic service of a subsequent pleading, filing or other documents in eFile cases shall be considered as valid and effective service on all parties and shall have the same legal effect as an original paper document served under former rules. Pro se parties or attorneys who have not registered with the court's electronic filing system shall be served a paper copy by the filing party, not the court or clerk, in accordance with the applicable rules of civil procedure.

CRITICAL

When child support is ordered or modified, or spousal support is payable through HCCSEA, the Clerk of Courts must send HCCSEA a copy.

In any proceeding in which child support is ordered or modified, or in which spousal support will be payable through the HCCSEA, the Clerk of Courts shall direct a copy to the HCCSEA.

CRITICAL

A receiver-appointment hearing must be ordered by entry, and notice must be served on interested parties.

A. When an application is made for the appointment of a receiver, the hearing thereon shall be ordered by an entry and notice served upon interested parties.

CRITICAL

If moving counsel has had contact with counsel for the defaulting party, moving counsel must give that counsel written notice of the intention to seek default judgment.

If counsel for the party seeking default judgment has had telephonic or other contact with counsel on behalf of the other party, although not having entered a formal appearance in the pending action, counsel for the moving party shall notify counsel for the defaulting party, in writing, of the intention to seek default judgment.

CRITICAL

The motion and hearing notice must be served on the subject party under Civil Rules 4 through 4.6, with the filer responsible for initiating service.

B. Notice of such motion and of the hearing thereon shall be served upon the subject party pursuant to the rules of service of summons contained in Civil Rule 4 through Civil Rule 4.6, incl., and the responsibility for initiating such service shall be on the person filing the motion.

CRITICAL

Applies to

Objection

When an objection to a CSEA administrative decision is filed, the CSEA must be notified and provide the related administrative records to the Court.

When an objection to an administrative decision by the CSEA is filed with the Clerk of Courts, the CSEA shall be notified and shall provide to the Court the administrative records relating to the administrative action.

CRITICAL

An applicant for process-server designation must agree not to serve process in a case in which the applicant is a party.

3. That the applicant agrees not to attempt service of process in any case in which the applicant is a party;

CRITICALCriminal cases

Applies to

Notices orders and other documents

Filers must serve the specified documents by courier, mail, or electronic means and file proof of service with the clerk.

For all designated eFile case types, the filer shall file and serve Civ.R. 5 notices, orders, and other documents using courier, mail, or electronic means. Proof of service must be filed with the clerk.

CRITICAL

Applies to

Brief

Briefs must be filed with the Clerk of Courts and served under the Civil Rules, and a file-stamped copy must be delivered to the assigned judge or magistrate.

All briefs, whether in cases tried to the Court or pursuant to pretrial or other order, shall be filed with the Clerk of Courts and served in accordance with the Civil Rules. In addition, a file-stamped copy shall be delivered to the assigned judge or magistrate of the case.

CRITICAL

The party submitting DR forms must serve them on the opposing party.

C. All DR forms shall be served upon the opposing party by the party submitting the forms.

CRITICAL

Applies to

Proposed order

The filing party, rather than the court or clerk, is responsible for serving all parties with proposed entries and orders submitted for signature.

It shall be the responsibility of the filing party, not the court or clerk, to serve all proposed entries and orders submitted to the court for signature on all parties.

CRITICAL

Service

Publication

When the defendant’s residence is unknown, service by posting must occur at the listed locations, and the Clerk must record where and when it was posted on the docket.

Pursuant to Civil Rule 4.4(A)(2) of the Ohio Rules of Civil Procedure, service by posting when the defendant’s residence is unknown shall be at the following places: Hancock County Courthouse City of Findlay Municipal Building Hancock County Job and Family Services Hancock County Domestic Relations Court The Hancock County Clerk of Courts shall do the posting and note on the docket where and when notice was posted.

CRITICAL

For designated eFile case types, filers must serve Civ.R. 5 notices, orders, and other documents by courier, mail, or electronic means and file proof of service with the clerk.

For all designated eFile case types, the filer shall file and serve Civ.R. 5 notices, orders, ===== PAGE 6 ===== and other documents using courier, mail, or electronic means. Proof of service must be filed with the clerk.

CRITICAL

An exhibit and its cover sheet must be signed and served in accordance with the Court's rules for pleadings.

The exhibit and cover sheet shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

CRITICAL

Service and notice must be made individually on each party; notifying an attorney does not constitute proper service on a party.

C. Service and notice shall be made to all parties individually. Notice to an attorney is not proper service on a party.

CRITICAL

Applies to

Guardian ad litem report

A guardian ad litem must provide the written report to the court and the parties’ representatives at least seven days before the final hearing, unless the court modifies the due date.

Not fewer than seven days before the final hearing date, unless the due date is modified by the court, a guardian ad litem shall provide a written report to the court, unrepresented parties, and legal counsel.

CRITICAL

Applies to

Fee application

The fiduciary fee applicant must serve the application on other counsel and any unrepresented parties.

1. File in this Court a written application for such fees, which shall contain notice of the date and time, not less than seven (7) days from the date of filing the application, for objections to the requested fees to be filed with the Court. The applicant shall serve other counsel and/or unrepresented parties with the application.

CRITICAL

Service

Electronic service

Electronic service is complete when the filing system receives the document, as shown by the effective date and time on the electronic transmittal; response and other periods are governed by applicable court rules.

eService shall be deemed complete at the time a document has been received by the court's electronic filing system as reflected by the effective date and time appearing on the electronic transmittal. Effective with the commencement date of electronic filing, any period of time to respond to the served document or perform any right, duty, or act shall be strictly governed by the applicable rules of the court.

CRITICAL

After appointment, a copy of the timestamped appointing entry satisfies Civil Rule 4.1’s court-designation requirement for a process server.

1. In any case after an applicant is appointed as a Standing Special Process Server, the Clerk of Courts shall accept a copy of the timestamped appointing entry as satisfying the requirements of Civil Rule 4.1 for designation by the Court of a person to make service of process.

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 shall be filed and served electronically.

CRITICAL

Service

Electronic service to all parties

Electronic service of subsequent documents is valid on all parties, but unregistered pro se parties must be served a paper copy by the filing party unless otherwise ordered.

The electronic service of a subsequent pleading, filing or other documents in eFile cases shall be considered as valid and effective service on all parties and shall have the same legal effect as an original paper document served under former rules. Pro se parties who have not registered with the court's electronic filing system shall be served a paper copy by the filing party, not the court or clerk, in accordance with the applicable rules of civil procedure, unless otherwise ordered.

CRITICAL

Service

Electronic service

Electronic service is complete when the court’s e-filing system receives the document, as shown by the effective date and time on the electronic transmittal.

eService shall be deemed complete at the time a document has been received by the court's electronic filing system as reflected by the effective date and time appearing on the electronic transmittal.

CRITICALCriminal cases

Service

Electronic service

eService is complete when the court's electronic filing system receives the document, as shown by the effective date and time on the electronic transmittal.

eService shall be deemed complete at the time a document has been received by the court's electronic filing system as reflected by the effective date and time appearing on the electronic transmittal.

CRITICALCriminal cases

Service remains required when a party files a document electronically.

service is still required when a party files a document electronically.

CRITICALCriminal cases

Service

Mail to opposing party

The filing party, not the court or clerk, must serve a paper copy on pro se parties and attorneys who have not registered for e-filing, as required by the applicable civil procedure rules.

Pro se parties or attorneys who have not registered with the court's electronic filing system shall be served a paper copy by the filing party, not the court or clerk, in accordance with the applicable rules of civil procedure.

CRITICAL

Applies to

Order

The parties or counsel must serve the CSEA with orders establishing or modifying child support or health insurance obligations.

A. The parties or counsel are responsible for serving copies of any Orders establishing or modifying child support or health insurance obligations upon the Hancock County Child Support Enforcement Agency (CSEA).

CRITICALCriminal cases

Applies to

Proposed order

The filing party, rather than the court or clerk, must serve proposed entries and orders submitted for signature on all parties.

It shall be the responsibility of the filing party, not the court or clerk, to serve all proposed entries and orders submitted to the court for signature on all parties.

CRITICALCriminal cases

Service

Mail to all parties

In designated eFile case types, the court issues, files, and serves the specified documents using traditional certified mail service, subject to this rule.

For all designated eFile case types, the court shall issue, file, and serve pursuant to Civ.R. 4 all pleadings, notices, orders, and other documents using traditional certified mail service, subject to the provisions of this rule.

CRITICAL

The Court may dismiss a covered case only after serving notice of intent to dismiss at least fourteen days before dismissal is entered.

Such cases will be dismissed only after a notice of intent to dismiss has been served on the parties, or the complaining or moving party, at least fourteen (14) days prior to the entry of a dismissal.

CRITICAL

Applies to

Notice of hearing

Notice of a temporary-orders hearing must be served with the pleadings in accordance with the Civil Rules.

Notice of hearing on temporary orders shall be served with the pleadings pursuant to Civil Rules.

CRITICAL

Applies to

Objection

An objection or hearing request must be served on the party who filed the relocation notice within the 30-day objection period.

C. If a written notice of relocation is filed and served as required herein, and no objection or request for hearing is filed within 30 days of the filing of the notice of relocation and served on the party filing the notice of relocation, then Appendix F Standard Order shall become the order of the Court.

CRITICAL

A party requesting separate findings under Civil Rule 52 must submit proposed findings and conclusions to the Court and serve copies on opposing parties or counsel within 14 days of filing the request.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provisions of Civil Rule 52, that party shall, within fourteen (14) days of the filing of the request, submit to the Court a statement of proposed findings of fact and conclusions of law and shall serve copies thereof on all opposing parties or their counsel.

CRITICAL

When electronically filing an original complaint, third-party complaint, or pleading adding a party, the filer must also e-file service instructions, and the clerk issues process using the designated service method.

Upon electronically filing the original complaint, third party complaint, or any pleading that adds a new party, the filing party shall also electronically file instructions for service. The clerk shall issue a summons and process in the designated method of service in accordance with the Civil Rules.

CRITICAL

All briefs must be filed with the Clerk of Courts and served in accordance with the Civil Rules.

C. All briefs, whether in cases tried to the court or pursuant to pretrial or other order, shall be filed with the Clerk of Courts and served in accordance with the Civil Rules.

WARNING

Service

Electronic service

If the system fails to generate an electronic filing notice, the party to be served may be entitled to an order extending the response or performance period.

If the e-filing system fails to generate the Notice of Electronic Filing, the party to be served may be entitled to an order extending the date for any response or the period within which any right, duty or act must be performed.

WARNING

Exhibits or other items that cannot be comprehensibly viewed electronically may be served conventionally.

Exhibits or other items that may not be comprehensibly viewed in an electronic format may be filed and served conventionally.

WARNINGCriminal cases

Service

Electronic service

The electronic filing system generates a filing notification to the filing party or its designated counsel whenever a document is filed electronically.

Whenever a document is filed electronically through the court's electronic filing system, the system will generate a notification of electronic filing to the filing party or its designated counsel.

WARNING

Questionnaires may be returned to the Clerk of Courts by personal delivery or mail.

Such questionnaires are returnable to the Clerk of Courts, by personal or mail delivery, on or before 10:00 a.m. on the seventh (7) day following the filing of the proceeding.

WARNING

The filing party, not the court or clerk, must serve proposed entries and orders on all parties; proposed orders should include a certificate of service.

It shall be the responsibility of the filing party, not the court or clerk, to serve all proposed entries and orders submitted to the court for signature on all parties. Proposed orders should include a certificate of service as set forth in section (L)(2)(b) of this rule.

WARNING

Service

Mail

A party or counsel requesting return of a file-stamped copy by U.S. mail must provide an addressed, postage-prepaid envelope.

If a party or counsel wants a file-stamped copy of a document filed by that party or counsel to be returned by the Clerk of Courts via U.S. mail, that party or counsel must provide an addressed, postage prepaid envelope for that purpose.

WARNING

Service

Mail

For designated eFile case types, the court issues, files, and serves the specified documents using traditional certified mail service pursuant to Civ.R. 4, subject to this rule.

For all designated eFile case types, the court shall issue, file, and serve pursuant to Civ.R. 4 all pleadings, notices, orders, and other documents using traditional certified mail service, subject to the provisions of this rule.

WARNING

A party filing by fax must not send copies to the Clerk for service on other parties.

The party filing documents by fax shall not transmit copies to the Clerk for service upon other parties.

WARNINGCriminal cases

Service

Electronic service

If the e-filing system does not generate a Notice of Electronic Filing, the party to be served may be entitled to an order extending the response or performance period.

If the e-filing system fails to generate the Notice of Electronic Filing, the party to be served may be entitled to an order extending the date for any response or the period within which any right, duty or act must be performed.

WARNINGCivil cases

Service

Electronic service

The Clerk must notify the Petitioner and ODRC of the decision through the Court’s electronic record, and certificate materials are distributed electronically or through the ODRC website.

O. The Clerk of Courts shall notify the Petitioner and the ODRC of its decision to grant or deny the petition through the Court’s electronic record, who will distribute certificate materials to the Petitioner electronically or via the ODRC web site.

WARNINGCriminal cases

The clerk must issue a summons and process using the designated method of service in accordance with the Civil Rules.

The clerk shall issue a summons and process in the designated method of service in accordance with the Civil Rules.

WARNING

Copies placed in the appropriate attorney's Clerk's-office drawer are deemed delivered to counsel when a certificate of delivery reflects that placement.

Where copies of pleadings, motions, briefs, memoranda and other papers have been placed in the appropriate attorney’s drawer in the Clerk of Courts’ office on the third floor of the Hancock County Courthouse and certificate of delivery reflects such action, it shall be deemed by the Court as delivery to counsel pursuant to the requirements of the Ohio Rules of Civil Procedure.

INFO

Assignment notices may be placed in counsel's drawer, emailed, or mailed prepaid; if counsel has no drawer, email or prepaid mail may be used.

All assignment notices generated by the Hancock County Common Pleas Court may be placed in the attorney’s drawer of appropriate counsel in the Hancock County Clerk of Courts’ office, transmitted by electronic mail (email), or deposited with the U.S. Postal Service, postage pre- paid. If counsel has no such drawer, the assignment notices may be transmitted by electronic mail (email), or deposited with the U.S. Postal Service, postage prepaid.

INFO

The clerk issues the summons and process using the designated method of service in accordance with the Civil Rules.

The clerk shall issue a summons and process in the designated method of service in accordance with the Civil Rules.

INFOCriminal cases

Service

Electronic service to all parties

Electronic service transmits an original document to all other registered case participants through the e-filing system or another electronic means, such as email.

(11) ELECTRONIC SERVICE (ESERVICE). The electronic transmission of an original document to all other registered case participants via the electronic filing system or by other electronic means, such as email.

INFO

Service

Electronic service

The e-filing system generates a notice of electronic filing to the filing party or its designated counsel whenever a document is filed electronically.

Whenever a document is filed electronically through the court's electronic filing system, the system will generate a notification of electronic filing to the filing party or its designated counsel.