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

CRITICAL

Service

Electronic service to all parties

After journalization, the Clerk’s office will send court entries to the email addresses submitted by the parties.

Once journalized, the Clerk of Courts’ office will transmit the entries to the email address submitted by the parties.

CRITICAL

Applies to

Notice of hearing

Notice of the time and place of an emergency hearing must be served on the adverse party or that party's counsel.

Notice of the time and place of hearing shall be served upon the adverse party or the party's counsel.

CRITICAL

Applies to

Entry

After an entry or order is signed and filed, the Clerk must serve copies on all unregistered pro se parties under the applicable procedural rules.

After an order or entry has been signed and filed, the Clerk shall serve on all pro se parties who are not registered users of the Court's e-File system copies of all entries and orders submitted to the Court for signature in accordance with Civ. R. 5 and Crim. R. 49.

CRITICAL

After filing the protection-order documents, the Clerk sends them to the Civil Sheriff for service and to Sheriff Records for LEADS entry.

Clerk files and sends to Civil Sheriff for service and Sheriff Records for entry to LEADS.

CRITICAL

Applies to

Instructions for service

After receiving Instructions for Service, the Clerk must issue a summons and complete service under the method designated in accordance with the Rules of Civil Procedure.

The Clerk shall then issue a summons and process the method of service in accordance with the Rules of Civil Procedure.

CRITICAL

Deadline

24 hours

Applies to

Exhibits

Service

Electronic service to court

Each party must furnish the judge or magistrate an electronic PDF copy of its trial exhibits at least 24 hours before trial.

A copy of each party’s exhibits for use during a trial shall also be furnished to the Judge or Magistrate electronically in PDF format at least twenty-four (24) hours prior to trial.

CRITICAL

Counsel must serve all other documents filed through the e-File System as required by Civil Rule 5.

All other documents filed through the e-File System shall be served by counsel as required by Civ. R. 5.

CRITICAL

Applies to

Order or judgment

Service

Court service

Immediately after journalization, the clerk must serve a copy of the order or judgment on each counsel of record using a Civ. R. 5-authorized method, including personal delivery, prescribed-location delivery, mail, commercial carrier, fax, or email.

The Clerk of Courts shall immediately serve a copy of the order or judgment upon journalization to each counsel of record through any means available in accordance with Civ. R. 5, including handing it to the person, leaving it at a location prescribed by the rule, mail service, commercial carrier, or delivery via electronic means to a facsimile number or an e-mail address provided in accordance with Civ. R. 11 by the attorney or party to be served.

CRITICAL

Applies to

Amended pleading

If a pending case is transferred to a new party, amend the complaint and serve all parties with the amended pleading.

In pending cases, if interest in the matter is transferred to a new party after the complaint is filed, the complaint shall be amended to reflect the transfer, and all parties shall be served with the amended pleading.

CRITICAL

Applies to

Foreclosure complaint

Service

Mail

When the property owner is not the occupier, the plaintiff's counsel must notify the occupier or tenant by ordinary mail no later than filing the foreclosure complaint.

If the owner of the property that is the subject of the foreclosure complaint is not the occupier to the property, counsel for the plaintiff shall serve notice to the occupier/tenant of the property that a foreclosure complaint has been filed. Notice shall be by ordinary mail and sent no later than the time of filing the foreclosure complaint.

CRITICAL

Applies to

Court initiated filing

Service

Email

The Clerk must serve court-initiated filings by email.

Service of Court initiated filings shall be made by email through the Clerk.

CRITICAL

Applies to

Notice of electronic filing

Service

Electronic service

The e-File system must generate a Notification of Electronic Filing for every judicial entry or order, and that notification constitutes service under the applicable procedural rules.

The Court's e-File system shall generate a Notification of Electronic Filing for all entries and orders signed by a Judge or a Magistrate. This Notification of Electronic Filing shall constitute service under Civ. R. 5 and Crim. R. 49.

CRITICAL

Applies to

Indictment

Criminal-case indictments must be served on defendants according to the Ohio Rules of Criminal Procedure.

Indictments in criminal cases shall be filed through the Court's e-File system in compliance with these Rules and shall be served on defendants according to the Ohio Rules of Criminal Procedure.

CRITICAL

Applies to

Motion

At the time a motion is filed, the party must serve the opposing party and file proof of that service with the clerk.

A party shall at the time of filing a motion serve upon the opposing party a copy of the motion filed and file proof of such service with the Clerk.

CRITICAL

Applies to

Exhibits

The parties must exchange electronic or digital copies of all exhibits before trial or hearing.

The parties shall exchange electronic/digital copies of all exhibits in advance of trial or hearing.

CRITICAL

Sheriff service is available only when the respondent's service address is within Lucas County, Ohio.

Make certain the address used to serve the respondent is within Lucas County, Ohio; the Sheriff cannot serve persons outside of this jurisdiction.

WARNING

Responses to motions for summary judgment may be served within 28 days after service of the motion.

Exception: Pursuant to Civ. R. 6(C)(1), responses to motions for summary judgment may be served within twenty-eight (28) days after service of the motion.

WARNING

Service

Mail to all parties

Counsel or self-represented litigants without an email address may request ordinary mail service of court entries by motion.

Counsel for a party, or pro se litigants representing themselves who do not have an email address may, by motion, request ordinary mail service of entries by the Clerk of Courts’ Office.

WARNING

Applies to

Opposition

An opposition memorandum may be filed within 14 days after service of the motion.

An opposing party may serve and file a memorandum in opposition to any motion. The filing shall be made within fourteen (14) days after service.

INFO

After filing, the Clerk's office assigns a miscellaneous case number and processes the subpoena for service.

(4) Upon filing, the Clerk’s office will assign a miscellaneous case number and process the subpoena(s) for service.

INFO

Service

Mail

At the Clerk of Courts' discretion, the notice for execution and/or a debtor's examination may be served by certified mail instead of personal service.

Service of the notice for execution and/or a debtor's examination may be by certified mail rather than by personal service, at the discretion of the Clerk of Courts.