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

CRITICALCivil cases

Applies to

Judgment entry

Service

Court service to agency

The clerk must serve ODRC with a time-stamped copy of a judgment entry granting a CQE petition.

The clerk shall serve a time-stamped copy of the judgment entry upon ODRC.

CRITICALCriminal cases

At case assignment, the Criminal Assignment Administrator must cause the Notice of Assignment to be served on the defendant.

At the time of assignment of the case under Local Rule 21.03, the Criminal Assignment Administrator shall cause the Notice of Assignment to be served upon the defendant.

CRITICALCivil cases

Applies to

Order of denial

Service

Court service

The clerk must serve an order denying a CQE petition on both the petitioner and ODRC.

An order of denial shall be served by the clerk both upon the petitioner and ODRC.

CRITICALCriminal cases

The Order of Appointment of Counsel must be filed with the Clerk of Courts and served on defense counsel and the Summit County Prosecutor's Office.

That order shall be filed with the Clerk of Courts and served upon defendant's counsel and teh Summit County Prosecutor's Ogfice.

CRITICAL

Applies to

Documents subsequent to complaint or indictment

Service

Electronic service

Electronic service of documents filed after a complaint or indictment is valid and has the same legal effect as paper service.

eService of documents subsequent to the complaint or indictment shall be considered valid and effective service and shall have the same legal effect as an original paper document.

CRITICALCivil cases

The Court must sign all pretrial orders and rulings on motions and serve them on all counsel of record.

All pretrial orders and rulings upon motions shall be signed by the Court and served upon all counsel-of-record.

CRITICALCivil cases

Deadline

48 hours

Applies to

Exceptions

Copies of exceptions must be served on each arbitrator within 48 hours after filing.

Copies of said exceptions shall be served upon each arbitrator within forty-eight (48) hours after filing and the matter shall forthwith be set for hearing before the assigned judge.

CRITICAL

Deadline

3 calendar days

A written praecipe for transcript must be served on the chief court reporter within three days after the specified objections, appeal, contra objections, or appeal reply is filed.

A praecipe for transcript shall be served in written form on the chief court reporter within (3) days after the filing of said objections, appeal, contra objections or appeal reply.

CRITICAL

Applies to

Complaint counterclaim crossclaim or third party complaint

Instructions for Service filed with an original complaint or related pleading must state a Civ. R. 4 service method unless the assigned judge has signed permission to defer service for a specific period.

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, crossclaim or third party complaint shall indicate a method of service pursuant to Civ. R. 4.

CRITICALCriminal cases

The Court must set post-judgment and post-sentence proceedings with notice to all parties.

All post-judgment and post-sentence proceedings shall be set by the Court with notice to all parties, pursuant to C.P.Sup.R. 8(D) and the Ohio Revised Code where post-judgment proceedings are allowed.

CRITICALCivil cases

Applies to

Orders of confirmation of sale and orders vacating sale

The Clerk of Courts must serve Orders of Confirmation of Sale and Orders Vacating Sale on the Sheriff’s Civil Division electronically or by hand delivery.

The Clerk of Courts shall ensure that all Orders of Confirmation of Sale and Orders Vacating Sale are served upon the Summit County Sheriff, Civil Division, either electronically or via hand delivery.

CRITICALCivil cases

Service

Personal service to all parties

For a fee application exceeding $500, written hearing notice must be served personally or by mail on all creditors or their counsel of record, 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.

CRITICALCivil cases

Deadline

7 calendar days

At least seven calendar days before the sale, the judgment creditor must file a copy of the written notice with proof of service endorsed on it.

At least seven (7) calendar days prior to the date of the sale, the judgment creditor shall file with the Clerk of Courts a copy of such written notice with proof of service endorsed thereon.

CRITICAL

Applies to

Entries and orders

After an order or entry is signed and filed, the filer must serve copies on pro se parties who are not registered e-filing users.

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

CRITICAL

Service

Electronic service to all parties

For counsel of record and registered pro se users, service is complete when the eFile system generates the Notification of Electronic Filing.

For pro se parties who are registered users of the Court’s eFile system and counsel of record, service shall be deemed complete at the time the Notification of Electronic Filing is generated by the Court’s eFile system.

CRITICALCivil cases

Deadline

2 calendar days

A judgment creditor requesting an Order of Sale must serve written notice under Civ.R. 5 on the judgment debtor and each other party no later than two weeks before the scheduled sale.

The judgment creditor who has requested that an Order of Sale be issued, shall no later than two (2) weeks prior to the sale scheduled thereon, serve written notice in accordance with Civ.R. 5 upon the judgment debtor and upon each other party to the action in which the judgment giving rise to the execution was rendered.

CRITICALCriminal cases

Upon receiving the Notice of Assignment, the Clerk must serve the Indictment on the defendant and provide a copy of the service to the defendant's appointed counsel of record.

Upon receipt of the Notice of Assignment, the Clerk of Courts shall serve a copy of the Indictment upon the Defendant, and provide a copy of said service to the Defendant's counsel of record, as appointed by the Designated Assignment Judge pursuant to Local Rule 21.09

CRITICAL

Applies to

Documents filed subsequent to complaint

Unless the filer requests Clerk service and files Instructions for Service, the filer must serve documents filed after the original complaint on all parties or their attorneys.

In accordance with Civ. R. 5 and Crim. R. 49, unless the filer requests service by the Clerk and files the Instructions for Service required by this Rule, the filer, not the Clerk, shall be responsible for serving all documents filed subsequent to the original complaint on all parties or their attorneys.

CRITICAL

Written pleadings, motions, briefs, memoranda, and arguments must be served on opposing counsel or unrepresented parties and include proof of service, except agreed trial briefs that are not exchanged.

Every written pleading, motion, brief, memorandum or argument, filed with the Court or judge, shall be served upon all opposing counsel or upon all parties not represented by counsel, and proof of such service shall be shown on or attached to such written pleading, motion, brief, memorandum, or argument. No such paper filed with the Court or judge without such Certificate of Service, shall be considered by any judge, except trial briefs where it has been agreed by counsel that they shall not be exchanged.

CRITICAL

The filer must serve a paper copy on each pro se party who is not a registered e-filing user, as required by the cited rules.

The filer shall serve a paper copy of the document on all pro se parties who are not registered users of the Court’s eFile system in accordance with Civ. R. 5 and Crim. R. 49.

CRITICALCivil cases

Applies to

Notice of appeal

A copy of the notice of appeal must be served on the adverse party or parties and the assigned judge.

Files a notice of appeal with the Clerk and serves a copy on the adverse party or parties and assigned judge accompanied by an affidavit that the appeal is not being taken for delay. The affidavit accompanying the notice of appeal shall be signed by the appealing party or counsel for the appealing party.

CRITICALCivil cases

Service

Mail to all parties

The chair must mail or otherwise forward report-and-award copies to all parties or counsel on the filing day.

Within twenty (20) days after the hearing, the chairman of the Board of Arbitration shall prepare and file a report and award with the Clerk, and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

CRITICAL

Service

Court service

For service by the Clerk, separate Instructions for Service must identify each recipient by name and address, using “unknown” if an address is unknown.

For all documents that require service by the Clerk or documents for which a party is requesting that service be made by the Clerk, Instructions for Service shall be filed as a separate document. The Clerk shall not accept Instructions for Service that do not designate the names and addresses of the parties to be served. If the address of the party to be served is unknown, the filer shall substitute “unknown” for the address.

CRITICALCivil cases

Applies to

Petition

Service

Court service

When a petition is filed, the clerk must provide a time-stamped copy to the Summit County prosecutor.

Upon a filing of a petition, the clerk shall provide a time-stamped copy to the Summit County prosecutor.

CRITICAL

Service

Electronic service to all parties

The e-filing system's notification to registered users constitutes service under the cited civil and criminal rules.

When a submission is deemed filed pursuant to this Rule, the eFile system shall generate a Notification of Electronic Filing to the filer and any other party who is a registered user of the eFile system. The Notification of Electronic Filing shall constitute service under Civ. R. 5 and Crim. R. 49.

WARNING

For the specified frivolous-conduct proceedings, the Court must give notice to all parties, hold a hearing, and decide within 60 days of judgment whenever possible unless the Court and parties agree otherwise.

The Court shall, upon notice to all parties, conduct a hearing consistent with R.C. 2323.51(B)(1), and render a decision within sixty (60) days of the judgment entry whenever possible, unless the Court and the parties agree otherwise.

WARNINGCivil cases

Applies to

Estimate

At least one week before arbitration, a party offering a property-repair estimate must send the adverse party notice, the estimate, and a statement about whether repairs were made.

In the case of an estimate, the party intending to offer the estimate into evidence shall, at least one (1) week prior to the arbitration, forward to the adverse party notice of such intention, together with a copy of the estimate and a statement indicating whether or not the property was repaired in full or in part.

WARNING

Service

Mail

Failed mail delivery does not excuse counsel from appearing when the notice was also published in The Akron Legal News.

Where mail notification is provided for by these rules or is otherwise given, failure of delivery of such mail notification shall not excuse counsel from the responsibility for appearance where such notice has also been given by publication in The Akron Legal News, as provided by Rule 6.01.

WARNING

Service

Electronic service

If the eFile system fails to generate a service notice, the recipient may be entitled to an order extending the response or performance period.

If the eFile 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

Bills or estimates offered to prove specified expenses must be preceded by one week's written notice to the adverse party with copies of the bills.

on condition that one (1) week's written notice has been given to the adverse party, accompanied by copies of the bills to be offered in evidence.

WARNING

Applies to

Hearing assignment notice

Hearings on the listed motions and special proceedings are assigned through the assigned judge's bailiff, with notice served on all parties under Civ. R. 5(B).

Assignment of hearings on motions for restraining orders, temporary injunctions, summary judgments, or other special proceedings to be heard by the Court on motion as are provided and required by the Ohio Rules of Civil Procedure, shall be made by and through the bailiff of the assigned judge, and notice of such hearing assignment shall be provided to all parties by service in accordance with Civ.R. 5(B).

WARNING

The parties should exchange all necessary discovery five days before the mediation conference.

All necessary discovery, including documents, medical records, and bills should be exchanged by the parties five (5) days prior to the conference.

INFO

Service

Mail

Any mail notification provided is sufficient notwithstanding a contrary rule.

Notwithstanding provisions of any rule to the contrary, any mail notification provided shall be sufficient.

INFO

The Court may notify counsel by postcard of a case assignment for any purpose.

Notification by the Court to counsel of any assignment of any case for any purpose may be by postcard.