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

CRITICAL

Applies to

Post judgment contempt motion

Post-judgment contempt motions must be served in accordance with Civil Rules 4 through 4.6.

Post-judgment motions for contempt must be served pursuant to Civ.R. 4 through Civ.R. 4.6.

CRITICAL

If the title evidence shows that necessary parties were not joined, the plaintiff must join and serve them in accordance with the Rules of Civil Procedure.

Where the evidence of title indicates that necessary parties have not been joined in the action, Plaintiff shall cause all necessary parties to be joined and served in accordance with the Rules of Civil Procedure.

CRITICAL

A challenge to the Treasurer’s lien amount or priority must be pleaded in the complaint, and the complaint must then be served on the Treasurer.

If there is a challenge to the amount or priority of the Treasurer’s lien(s), it must be plead in the complaint and the complaint must be served on the Treasurer.

CRITICAL

The Medina County Treasurer must be named as a defendant in foreclosure cases but ordinarily need not be served with the complaint unless its tax lien’s amount or first-lien priority is challenged.

In foreclosure cases, the Medina County Treasurer shall be named as a party defendant, and shall not be served with the complaint unless the lien of the Medina County Treasurer for taxes is being challenged, either as to its amount, or as to priority as first and best lien.

CRITICAL

Service

Mail

Case-initiating complaints and pleadings must be served by certified mail with return receipt unless written instructions provide otherwise.

Unless otherwise directed by written instructions, all complaints or other pleadings which initiate a case shall be served by certified mail, return receipt.

CRITICAL

Applies to

Cross claim or counterclaim

A cross-claim or counterclaim challenging the amount or priority of the Treasurer’s liens must be served on the Treasurer.

If there is a challenge to the amount or priority of the Treasurer’s lien(s) in any cross-claim or counterclaim, it must be served on the Treasurer.

CRITICAL

The attorney or party must serve the bankruptcy notice on other counsel and parties of record in conformity with Civil Rule 5.

The attorney or party shall serve the notice of bankruptcy on other counsel or parties of record in the pending litigation in conformity with Civ.R. 5.

CRITICAL

Applies to

Other pleading or document

Service

Court service

The Clerk will not serve other pleadings or documents without accompanying Instructions for Service, which are available on the Clerk of Courts website.

The Clerk will not serve any other pleading or documents unless accompanied by Instructions for Service. An Instructions for Service form is available on the website for the Medina County Clerk of Courts.

CRITICAL

Applies to

Receiver fee application

Service

Personal service

Applicants seeking fees over Five Hundred Dollars ($500.00) must serve all creditors or their counsel of record with hearing notice personally or by mail, unless the court orders otherwise.

Written notice of the hearing on application for fees in excess of Five Hundred Dollars ($500.00), shall be served personally or by mail on all creditors or their counsel of record, unless otherwise provided by court order.

CRITICAL

Applies to

Subpoena

Service

Court service

A party requesting a subpoena to be served by the Clerk of Courts or a sheriff must provide the Clerk with quadruplicate copies and the Fee Schedule amount as security for costs.

Pursuant to Civ.R. 45, if a subpoena is to be served by the Clerk of Courts, Medina County Sheriff, or the Sheriff of another county, the party requesting the subpoena shall provide to the Clerk quadruplicate copies as well as the amount set forth on the Fee Schedule as security for costs.

WARNING

The Medina County Treasurer need not be served with an answer or other pleading unless that pleading challenges the claimed taxes’ amount, validity, or priority as the first and best lien.

The Medina County Treasurer need not be served with any answer or other pleadings unless the party filing the pleading intends to challenge the taxes claimed by the Treasurer on the tax records, either as to amount, validity, or as to priority as first and best lien.