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

CRITICALCivil cases

Applies to

Personal property sale

When a receiver needs to sell personal property, notice of the sale’s time, place, and terms must be given to all creditors with filed claims and all interested stockholders or members.

When it becomes necessary to sell property, notice of the time, place, and terms of the sale shall be given to all creditors who have filed claims and to all stockholders/members who have an interest in the sale.

CRITICALCivil cases

Service

Mail to all parties

After journalization, the Clerk must serve a certified restraining-order copy by regular mail on the affected party, counsel, and any other affected individual or institution unless another service method is requested.

After journalization the Clerk of Courts shall serve a certified copy of the order on the affected party at the address in the complaint, counsel of record for the affected party, if any, and any other individual or institution affected by the order. All service shall be by regular mail unless otherwise requested.

CRITICAL

A filing party, rather than the Clerk, must serve a paper copy on any pro se party exempt from e-filing.

Any pro se party exempted from the e-filing system shall be served a paper copy by the filing party, not the clerk of court, in accordance with the applicable rules of civil procedure.

CRITICAL

Service

Electronic service

Electronic filing of a subsequent pleading or other document constitutes valid service on all parties, and registered participants automatically receive the electronic-filing notification.

The electronic service of a subsequent pleading filing, or other documents shall be considered a valid and effective service on all parties and shall have the same legal effect as an original paper document served under former rules. Once a document is e-Filed, a Notification of Electronic Filing will be automatically served on all parties who are registered case participants in the e-File System. The Notification of Electronic Filing shall constitute service under Civ.R. 5 and Crim.R. 49.

CRITICALCivil cases

Service

Mail

When the notice uses the court’s official form, the Assignment Commissioner sends it to all persons entitled to notice.

If a notice is on the Court’s official notice form, it will be sent by the Assignment Commissioner to all persons entitled to notice.

CRITICALCivil cases

The Clerk must send the specified notice to the Prosecuting Attorney of the county where the petition was filed.

20.09. The Clerk of Courts 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 Prosecuting Attorney of the county in which the Petition was filed.

CRITICAL

Parties must serve electronically filed pleadings, briefs, transcripts, orders, and other covered documents in accordance with Ohio Civil Rule 5 unless the rule designates otherwise.

10. Service of Documents: All pleadings (unless excluded herein), motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders and other documents filed electronically with the Clerk shall be served by the parties to a case in accordance with Ohio Civil Rule 5 unless designated otherwise herein.

CRITICAL

For out-of-state service, counsel must contact the service agency and submit a separate check for the agency’s charges.

For out of state service, attorney shall contact agency making service and include separate check for charges of agency

CRITICAL

Applies to

Entry

Service

Mail to all parties

I hereby certify that self-addressed stamped envelopes are enclosed for service of the file-stamped copies of this Entry on opposing Counsel/Party/Guardian/Attorney for minors/CSEA on the date of filing.

I hereby certify that self-addressed stamped envelopes are enclosed for service of the file-stamped copies of this Entry on opposing Counsel/Party/Guardian/Attorney for minors/CSEA on the date of filing.

CRITICAL

Every document must include a certificate of service identifying how service was accomplished on each party entitled to service.

A certificate of service on all parties entitled to service is still required on all documents that states the manner in which service was accomplished on each party.

CRITICAL

Applies to

Filed document

Every filed document must include a certificate of service identifying the method of service.

All filed documents shall include in the certificate of service the method of service.

CRITICAL

Service

Electronic service

Proof for documents filed after an indictment or complaint must comply with the applicable civil and criminal rules, be signed, and include prescribed electronic-service language identifying registered recipients.

Proof of service of all documents filed subsequent to the Indictment or original complaint that are required to be served shall be made in compliance with Civ.R. 5 and Crim.R. 49. The Certificate of Service shall be signed in accordance with these Rules, and shall contain the following language for each party entitled to service, assuming the document was e-filed: I hereby certify that on [date] this document was e-Filed via the court’s e-File system which shall send notifications of this filing to the following: [list parties or their counsel who are registered users of the court’s e-File System].

CRITICAL

Applies to

Proposed order

The service information in a proposed order must cover all parties, not merely the attorney or party who prepared it.

Proposed orders shall include service to all parties instead of only listing the attorney/party who prepared the proposed order.

CRITICALCivil cases

Applies to

Entry of continuance

Service

Mail

File-stamped copies of the Entry must be enclosed in self-addressed stamped envelopes for service on the listed recipients on the filing date.

I hereby certify that self-addressed stamped envelopes are enclosed for service of the file-stamped copies of this Entry on opposing Counsel/Party/Guardian/Attorney for minors/CSEA on the date of filing.

CRITICALCivil cases

Service

Mail

The Clerk must send the specified notice to each Ohio court identified through the Petitioner’s criminal history or investigation, using ordinary U.S. mail.

20.08. The Court shall attempt to determine all other courts in the state in which the Petitioner has been convicted of or plead guilty to an offense through review of 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 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.

CRITICALCivil cases

Applies to

Motion for appointment of receiver

In a foreclosure case, notice of the receiver-appointment hearing must be served either by attachment to the complaint and original summons or by certified mail under the Ohio Rules of Civil Procedure.

Notice of the hearing shall be served on interested parties either by attachment to the complaint and original summons, or by certified mail in accordance with the Ohio Rules of Civil Procedure.

CRITICALCivil cases

If a notice is not on the court’s official form, Civil Rule 5 places responsibility for service on the trial attorneys and unrepresented parties.

If the notice is not on the Court’s official notice form, then Civ. R. 5 requires that the trial attorneys and unrepresented parties are responsible for service.

CRITICALCivil cases

The notice of hearing must be served with the motion and contempt citation in accordance with the Civil Rules.

Notice of hearing shall be served with the motion and citation pursuant to the Civil Rules.

CRITICAL

Applies to

Motion

Service

Mail

A copy of the motion and memorandum must be mailed by regular mail to the opposing counsel, party, or guardian ad litem, with the mailing certified in the document.

I hereby certify that a copy of the foregoing motion and memorandum was mailed by regular mail to _____________________________, opposing Counsel/Party/Guardian ad litem on the _____ day of _____________________, 20___.

CRITICALCivil cases

Applies to

Personal property sale

A receiver may not sell personal property to a former owner or an interested person until all creditors have been served with notice fixing the date for confirmation of the sale.

No sale shall be made to a former owner or to any person interested in the business or operation of the receivership until notice is served on all creditors fixing a date for confirmation of the sale.

CRITICALCivil cases

Applies to

Real estate sale

Service

Mail

Before a receiver sells real estate in a non-foreclosure case, notice of the sale terms and appraised value must be sent by certified mail, return receipt requested, to lien holders, interested parties, and known shareholders or members of the owner.

Notice of the terms of the sale and the appraised value shall be made by certified mail return receipt to all lien holders, parties in interest, and known shareholders/members of the owner of the real estate.

CRITICALCivil cases

Applies to

Proposed order

Proposed entries and orders submitted for signature must also be served by the filing party or attorney under Civil Rule 5.

This also applies to the service of proposed entries and orders submitted to the court for signature, which shall be also be served by the filing party or their attorney in accordance with Civil Rule 5.

CRITICAL

Applies to

Fiduciary compensation application

Service

Mail

Upon filing, the clerk must promptly mail one copy of the application to each counsel of record, with one copy sufficient when the same counsel represents several parties.

(B) Upon the filing of the application and copies, the Clerk of this Court shall forthwith mail one copy to each counsel of record in the case, except that where several parties are represented by the same counsel, it shall be sufficient compliance herewith to mail one copy to such counsel.

CRITICALCivil cases

Service

Mail

Trial-assignment notices must be mailed to all designated trial attorneys and, when no trial attorney is of record, to unrepresented parties.

Notices of trial assignment shall be mailed to all trial attorneys designated under Rule 5.01 and in the absence of a trial attorney of record, to any unrepresented parties.

CRITICALCivil cases

Applies to

Pleading

All pleadings filed after the complaint must be served on trial attorneys in accordance with Civil Rule 5.

All pleadings after the complaint shall be served upon the trial attorneys in accordance with Civil Rule 5.

CRITICALCivil cases

Service

Court service to all parties

The Clerk must serve notice of the Judgment Entry and its entry date on all parties in accordance with Civil Rules 5(B) and 58(B).

The Clerk is directed to serve upon all parties notice of this Judgment Entry and its date of entry upon the journal in accordance with Civ.R. 5(B), in the manner provided in Civ.R. 58(B).

CRITICALCivil cases

Applies to

Subsequent filing

The filing party must serve all documents filed after the original complaint on all parties or their attorneys under Civil Rule 5.

It shall be the responsibility of the filing party, not the Court or Clerk, to serve all documents filed subsequent to the original complaint on all parties or their attorneys in accordance with Civil Rule 5.

CRITICALCivil cases

Applies to

Claim notice

Within the receiver’s initial duties, all known creditors must receive notice by mail or publication, as directed by the Court, that claims are due within sixty days and that late claims require a court order.

Give notice by mail or by publication, as directed by the Court, to all known creditors that they are required to file their claims within sixty (60) days and that unless they file their claims by the specified time, they will not be permitted to file any claim without an order of the Court;

CRITICALCivil cases

Applies to

Judgment entry

Service

Court service to all parties

The Clerk must serve all parties notice of the final appealable Judgment Entry and its date of entry as provided in the Ohio Civil Rules.

NOTICE. This is a final appealable order. The Clerk is directed to serve upon all parties notice of this Judgment Entry and its date of entry upon the journal in accordance with Civ.R. 5(B), in the manner provided in Civ.R. 58(B).

CRITICALCivil cases

Service

Mail

A copy of the motion and memorandum must be mailed by regular mail to opposing counsel, the opposing party, or the guardian ad litem.

I hereby certify that a copy of the foregoing motion and memorandum was mailed by regular mail to _____________________________, opposing Counsel/Party/Guardian ad litem on the _____ day of _____________________, 20___.

CRITICALCivil cases

Deadline

3 business days

Applies to

Motion for appointment of receiver

In a foreclosure case, the property owner must receive hearing notice at least three business days before the hearing.

Notice shall be served on the owner of the property at least three (3) business days before the hearing; and

CRITICAL

Unless the assigned judge signs a specific deferral permission, Instructions for Service with an initiating civil pleading must identify a service method under Civil Rule 4.

Unless an attorney or party has obtained permission signed by the assigned Judge to defer service of summons for a specific period of time, the Instructions for Service filed with the original complaint or any counterclaim, cross claim or third party complaint shall indicate a method of service pursuant to Civ. R. 4.

CRITICALCivil cases

Applies to

Motion for appointment of receiver

For a motion to appoint a receiver, notice of the hearing must be served on interested parties unless notice would cause irreparable harm to the plaintiff.

Notice of the hearing shall be served on interested parties unless the Court finds that the time taken to give notice will result in irreparable harm to the plaintiff;

CRITICALCivil cases

Applies to

Real estate sale

Notice of a receiver’s non-foreclosure real-estate sale must be made at least fourteen days before the sale.

Notice shall be made at least fourteen (14) days prior the sale.

WARNING

Service

Email

A registered user is deemed to have consented to email as the default service method for all documents other than complaints.

A Registered User, by virtue of his/her registration with the CMS, expressly assents to service by email as the default method of service for all documents except Complaints.

WARNING

Service

Publication

Counsel must arrange service by publication directly with the publisher.

“Service by publication shall be contracted directly with the publisher by counsel.”

INFO

Service

Court service

After an order or entry is signed and filed, the Clerk must serve copies of it.

After the order or entry has been signed and filed, the Clerk shall serve copies of all entries and orders.

INFO

Service

Court service

The Clerk must issue summons and process the selected service method under the Ohio Rules of Civil Procedure.

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