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

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The applicant must request service on the Richland County Prosecutor.

The Applicant shall request service on the Richland County Prosecutor.

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Applies to

Civil protection order notice

After the affidavit is filed, the clerk must arrange posting at four specified public locations, may not post the notice on the clerk's website, and must post it for six successive weeks with the information required for newspaper publication.

Upon the filing of the affidavit, the Clerk shall cause service of notice to be made by posting in a conspicuous place at the entrance of the: The Richland County Administration Building; The Mansfield City Administration Building; The Richland County Sheriff's Office; and The Richland County Clerk of Court's Office. The postings under this division (A)(2)(b) shall not be made on the website of the Clerk of Courts. The notice shall contain the same information required by division (A)(1) of this rule to be contained in a newspaper publication. The notice shall be posted for six successive weeks.

CRITICAL

Applies to

Notice of bankruptcy and suggestion of stay

A copy of the Notice of Bankruptcy and Suggestion of Stay must be served on other counsel and unrepresented parties of record in the affected actions.

2.05 Bankruptcy adjudication. The attorney of record or the unrepresented party shall, within fifteen (15) days after filing the bankruptcy, file a Notice of Bankruptcy and Suggestion of Stay with a time-stamped copy of the Notice of Bankruptcy Case Filing attached as an exhibit in all the Richland County cases included in the bankruptcy with the Clerk of this Court and serve a copy of such notice upon other counsel or unrepresented parties of record in such action(s).

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Applies to

Reciprocal discovery

After defense counsel receives discovery, the defendant must provide reciprocal discovery within thirty days.

Receipt of the discovery by defense counsel automatically obligates defendant to supply reciprocal discovery, as described in Crim. R. 16, within thirty (30) days.

CRITICAL

Unless the rules or a court order provide otherwise, a written motion in limine for a non-trial hearing must be served no later than 14 days before the hearing.

Unless a different period is fixed under these rules or by order of the Court, a written motion in limine for purposes of a non-trial hearing shall be served no later than fourteen days prior to the hearing

CRITICAL

Documents filed electronically with the Clerk must be served in compliance with Ohio Civil Rule 5 and Ohio Criminal Rule 49.

1. Documents filed electronically with the Clerk must be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49.

CRITICAL

Applies to

Receivership plan and report

Copies of each receivership plan and report must be filed with the clerk and served on all parties who have appeared or for whom service remains pending.

Copies of each receiver's plan and report shall be filed with the Clerk, with service upon all parties who have made an appearance or for whom service remains pending.

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Applies to

Discovery packet

Service

Electronic service to opposing party

After a not-guilty plea, the prosecutor must provide defense counsel a discovery packet electronically through the Prosecutor portal or by another delivery method no later than two weeks after arraignment, unless speedy trial concerns require earlier delivery.

If a “not guilty” plea is entered by the defendant at the arraignment, the prosecutor shall make available electronically in the Prosecutor portal or otherwise deliver a discovery packet to defense counsel no later than two (2) weeks after arraignment, unless speedy trial concerns require a shorter time.

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The moving party must ensure that a cognovit or default judgment entry, including one scheduling a damages hearing, is served at the last known address of each judgment debtor.

In accordance with Civ.R. 55, the moving party shall ensure that a cognovit judgment entry or a default judgment entry (including a default judgment entry which also schedules a hearing on damages) is served at the last known address(es) of the party(s) against whom that judgment is taken.

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Service

Electronic service

Electronic service eliminates the three-day response extension otherwise available for mail or commercial-carrier service, except for complaints.

In accordance with Civ.R. 5(B) and Civ.R. 6(D), parties served electronically shall no longer be entitled to the three-day (3) extension of time to respond that they would otherwise be entitled to if they were served by mail or by a commercial carrier service. This applies only to documents other than complaints.

CRITICAL

Applies to

Scheduling order

Service

Publication

When service is by publication, the requesting party must immediately serve the scheduling-conference order on anyone who later appears, and failure to do so may constitute failure to prosecute.

For cases in which service is made by publication, it is the obligation of the person requesting service by publication to see that a copy of the order for scheduling conference is immediately served on anyone entering an appearance after being served by publication, and failure to discharge this obligation is a failure to prosecute the claim(s).

CRITICAL

When a civil-protection-order respondent's residence is unknown, posting-and-mail service may proceed without a poverty affidavit if the requesting party or counsel first files an affidavit containing the prescribed averments and respondent's last known address, after which the clerk posts notice at four specified locations.

In civil protection order proceedings where the party's residence upon whom service is sought is unknown, service may be made by posting and mail without the necessity of a poverty affidavit. Before service by posting and mail can be made under Rule 4.4(A)(2)(b), an affidavit of the party requesting service or that party's counsel shall be filed with the Court. The affidavit shall contain the same averments required by division (A)(1) of this rule and, in addition, shall set forth the last known address of the party to be served. Upon the filing of the affidavit, the Clerk shall cause service of notice to be made by posting in a conspicuous place at the entrance of the: The Richland County Administration Building; The Mansfield City Administration Building; The Richland County Sheriff's Office; and The Richland County Clerk of Court's Office.

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Service

Electronic service

Documents filed electronically with the Clerk must be served in accordance with Civil Rule 5 and Criminal Rule 49.

Documents filed electronically with the Clerk must be served in accordance with Civ.R. 5 and Cr.R. 49.

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Service

Court service to all parties

The clerk must serve notice of the judgment and its date of entry on all parties who are not in default for failure to appear.

The Clerk is ordered to serve upon all parties, not in default for failure to appear, notice of this judgment and its date of entry upon the journal.

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Service

Email

The Court or Clerk may serve attorneys of record and pro se litigants by email, with service effective on the business date the material is emailed.

9.03 Email service on attorneys or Pro Se Litigants. It shall be sufficient service or delivery by the Court or its Clerk to counsel of record or Pro Se litigant to email a copy of the document, notice, or other paper. Any such service or delivery shall be deemed effective when the business date the document or other paper is emailed. Business days are all days other than Saturdays, Sundays, or legal holidays observed by the State of Ohio.

CRITICAL

Service

Court service

The Clerk must serve the summons and complaint, or the applicable notice of appeal, on each defendant and send notice of service to the Court.

The Clerk will serve the summons and complaint (or notice of appeal in workers' compensation and administrative appeal cases) on each defendant and shall send notice of the service to the Court.

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Pro se litigants must receive conventional service unless they have registered to use the court's e-filing system.

*Pro Se* litigants must be served conventionally (other than through the e-filing system) unless that *pro se* litigant has registered to use the e-filing system with the Court.

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Service

Electronic service to all parties

Court-initiated filings must be served electronically, and counsel must update the registration email address whenever it changes.

Service of Court initiated filings shall be made via e-service. It is the responsibility of counsel to update the email address attached to their registration any time it changes.

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Applies to

Notice of bankruptcy

A copy of the Notice of Bankruptcy and Suggestion of Stay must be served on other counsel or unrepresented parties of record in the affected actions.

and serve a copy of such notice upon other counsel or unrepresented parties of record in such action(s).

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Service

Mail

The execution-requesting party must promptly mail notice of the sale and its location to record owners and other nondefault interested parties, except when service was originally solely by publication.

The party requesting execution shall promptly mail notice and location of the sale to the record owner(s) and all other interested parties not in default, at their last know addresses unless originally served solely by publication.

CRITICAL

Applies to

Non oral hearing notice

Service

Mail to all parties

The court will send written notice of a non-oral motion hearing date to the parties or their counsel by ordinary mail or electronically.

Written notice of the non-oral hearing date will be sent by ordinary mail or electronically to the parties or their counsel.

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Applies to

Scheduling order

Service

Publication

When service is by publication, the requesting party must immediately serve the scheduling-conference order on anyone who later enters an appearance.

For cases in which service is made by publication, it is the obligation of the person requesting service by publication to see that a copy of the order for scheduling conference is immediately served on anyone entering an appearance after being served by publication, and failure to discharge this obligation is a failure to prosecute the claim(s).

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Applies to

Motion in limine

Unless the rules or a court order provide otherwise, a written motion in limine must be served at least 14 days before a non-trial hearing and 28 days before trial; the movant may not file a reply to the response.

Unless a different period is fixed under these rules or by order of the Court, a written motion in limine for purposes of a non-trial hearing shall be served no later than fourteen days prior to the hearing, and a written motion in limine for purposes of a trial shall be served no later than twenty-eight (28) days prior to the start of trial. Responses to such motions may be served as provided by Civ.R. 5 and Cr.R. 49; however, a movant's reply to the response is not permitted.

CRITICAL

A proof of service filed with the Clerk must identify the specific parties or attorneys served and may be rejected if it states only that service was made on all parties or counsel of record.

Proof of service on a document filed with the Clerk shall list the specific parties or attorneys served. It is not acceptable to state that the document was served on all parties or counsel of record, and a document containing such unacceptable proof of service may be rejected for filing by the Clerk of Courts.

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Deadline

2 business days

Service

Court service

Mailbox service by the Court or Clerk is effective two business days after placement in the attorney's mailbox.

Any such service or delivery shall be deemed effective two (2) business days after the date the document or other paper is placed in that mailbox.

CRITICAL

Applies to

Application to employ professional

Written notice of a professional-employment application must be given to the debtor, appearing parties, and parties for whom service remains pending.

Written notice of all such application shall be given to the debtor, all parties that have appeared and all those for whom service of process remains pending.

CRITICAL

Applies to

Judgment entry

The moving party must serve any cognovit or default judgment entry, including one scheduling a damages hearing, at the judgment debtor's last known address.

(E) **Default and cognovit judgment entries.** The moving party shall ensure that a cognovit judgment entry or a default judgment entry (including a default judgment entry which also schedules a hearing on damages) is served at the last known address(es) of the party(s) against whom that judgment is taken.

CRITICAL

Applies to

Notice of sale

Service

Mail

The party requesting execution must promptly mail notice of the sale and its location to record owners and other nondefault interested parties at their last known addresses, except when service was originally by publication alone.

The party requesting execution shall promptly mail notice and location of the sale to the record owner(s) and all other interested parties not in default, at their last know addresses unless originally served solely by publication.

CRITICAL

Service

Court service to all parties

The Clerk must serve all parties not in default for failure to appear with notice of the judgment and its journal-entry date.

The Clerk is ordered to serve upon all parties, not in default for failure to appear, notice of this judgment and its date of entry upon the journal.

CRITICAL

An applicant for relief from a weapons disability must request service on the Richland County Prosecutor.

The Applicant shall request service on the Richland County Prosecutor.

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Applies to

Civil protection order notice

When the residence of the party to be served in a civil protection order proceeding is unknown, service may be made by posting and mail without a poverty affidavit.

In civil protection order proceedings where the party's residence upon whom service is sought is unknown, service may be made by posting and mail without the necessity of a poverty affidavit.

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A proof of service must identify each served party or attorney rather than state that service was made on all parties or counsel of record, and the Clerk may reject deficient proof.

Proof of service on a document filed with the Clerk shall list the specific parties or attorneys served. It is not acceptable to state that the document was served on all parties or counsel of record, and a document containing such unacceptable proof of service may be rejected for filing by the Clerk of Courts.

CRITICAL

Pro se litigants receive conventional service unless they have registered to use the court’s e-filing system.

Pro Se litigants must be served conventionally (other than through the e-filing system) unless that pro se litigant has registered to use the e-filing system with the Court.

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Written notice of a professional-employment application must be given to the debtor, appearing parties, and parties for whom service remains pending.

Written notice of all such application shall be given to the debtor, all parties that have appeared and all those for whom service of process remains pending.

CRITICAL

Service

Electronic service

After appearing, a party must furnish an email address, and subsequent service should be electronic when possible.

2. Once a party has entered an appearance in the case, the party must furnish his or her email address, and service thereafter should be made electronically, when possible.

CRITICAL

Service

Electronic service

Court-initiated filings must be served electronically through the court’s e-service system.

Service of Court initiated filings shall be made via e-service.

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Applies to

Temporary protection order removal or amendment order

An order removing or amending a temporary protection order must be served on the required parties and docketed by the Clerk of Courts.

The Court Order removal or amendment to a TPO shall be served to the required parties and docketed in the court records management system by the Clerk of Courts.

CRITICAL

Applies to

Scheduling order

Plaintiff's counsel must ensure that unrepresented parties receive a copy of the scheduling order when they enter an appearance.

If there are parties who have not yet entered an appearance, plaintiff's counsel shall ensure they are served with a copy of this scheduling order when they appear.

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Applies to

Summons and complaint

Service

Court service to opposing party

The clerk must serve the summons and complaint, or the applicable notice of appeal, on each defendant and notify the court of the service.

The Clerk will serve the summons and complaint (or notice of appeal in workers' compensation and administrative appeal cases) on each defendant and shall send notice of the service to the Court.

CRITICAL

Unless the rules or a court order provide otherwise, a written motion in limine for trial must be served no later than 28 days before trial begins.

Unless a different period is fixed under these rules or by order of the Court, a written motion in limine for purposes of a trial shall be served no later than twenty-eight (28) days prior to the start of trial.

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Copies of each receiver's plan and report must be filed with the clerk and served on all appearing parties and parties for whom service remains pending.

Copies of each receiver's plan and report shall be filed with the Clerk, with service upon all parties who have made an appearance or for whom service remains pending.

WARNING

Deadline

2 business days

Applies to

Document or other paper

Service

Court service

For an attorney with a Mansfield law office, placement of a document in the attorney's Clerk's-office mailbox is sufficient service and becomes effective two business days after placement; Saturdays, Sundays, and Ohio legal holidays are excluded from business days.

It shall be sufficient service or delivery by the Court or its Clerk to any attorney who maintains a law office within the City of Mansfield, Ohio, for any employee or official of this Court or of the Clerk of this Court to place a copy of the document or other paper in the attorney's mailbox maintained in the office of the Clerk of the Richland County Common Pleas Court. Any such service or delivery shall be deemed effective two (2) business days after the date the document or other paper is placed in that mailbox. Business days are all days other than Saturdays, Sundays, or legal holidays observed by the State of Ohio.

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Service

Electronic service

After appearing in the case, a party must provide an email address, and service should thereafter be made electronically when possible.

Once a party has entered an appearance in the case, the party must furnish his or her email address, and service thereafter should be made electronically, when possible.

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Service

Court service

Placement of a document in a qualifying Mansfield attorney's Clerk's Office mailbox constitutes sufficient service or delivery.

It shall be sufficient service or delivery by the Court or its Clerk to any attorney who maintains a law office within the City of Mansfield, Ohio, for any employee or official of this Court or of the Clerk of this Court to place a copy of the document or other paper in the attorney's mailbox maintained in the office of the Clerk of the Richland County Common Pleas Court.

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Service

Mail

Failure to timely file a certificate of service may result in denial of confirmation of the sale.

Failure to timely file a certificate of service may constitute grounds for denial of the confirmation of sale.

WARNING

Applies to

Document notice or other paper

Service

Email

Emailing counsel of record or a pro se litigant is sufficient service, effective on the business date of transmission; Saturdays, Sundays, and Ohio legal holidays are excluded from business days.

It shall be sufficient service or delivery by the Court or its Clerk to counsel of record or Pro Se litigant to email a copy of the document, notice, or other paper. Any such service or delivery shall be deemed effective when the business date the document or other paper is emailed. Business days are all days other than Saturdays, Sundays, or legal holidays observed by the State of Ohio.

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Applies to

Scheduling order

Plaintiff's counsel must ensure that parties are served with the scheduling order when they enter an appearance.

If there are parties who have not yet entered an appearance, plaintiff's counsel shall ensure they are served with a copy of this scheduling order when they appear.