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

CRITICAL

Applies to

Entry or order

The clerk must serve paper copies of all entries and orders on self-represented litigants who are not registered e-filing users.

The clerk shall serve all self-represented litigants who are not registered users of the e-filing system with paper copies of all entries and orders.

CRITICAL

A filer may not transmit service copies by fax.

The filer shall not transmit service copies by fax.

CRITICAL

Applies to

Order

Service

Electronic service to all parties

Electronic-filing notification constitutes service of orders under Civil Rule 58.

The notification of electronic filing shall constitute service under Civ.R. 58.

CRITICAL

Applies to

Original complaint

Service

Electronic service

E-service does not replace the service methods authorized by the Rules of Civil Procedure for original complaints.

E-service shall not replace the methods of service for original complaints in the Rules of Civil Procedure.

CRITICAL

Applies to

Original complaint

Service

Electronic service

Electronic service does not replace the methods required for serving an original complaint.

E-service shall not replace the methods of service for original complaints in the Rules of Civil Procedure.

CRITICAL

Applies to

E filed document

A nonregistered participant is entitled to a paper copy, which the filing party must serve under the applicable rules.

A party who is not a registered user of the e-filing system is entitled to a paper copy of any e-filed document. The filing party shall serve the non-registered party with the document in accordance with the applicable rules of court.

CRITICAL

Unless another law or rule fixes the time, a response must be served no later than the 14th day after service of the paper requiring the response.

In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law or applicable rule, a response to a pleading, motion, amended pleading, or other paper shall be filed and served on or before the 14th day after the date of service of the pleading, motion, or other paper requiring the response.

CRITICAL

A process server must comply with Civil Rules 4 through 4.6, applicable local rules, and court-ordered service instructions in individual cases.

Affiant agrees to follow the requirements of Civil Rules 4 through 4.6, any applicable local rules and specific instructions for service of process as ordered by the Court in individual cases.

CRITICALCivil cases

A party must serve copies of filings on all appropriate parties, and the court may impose sanctions for improper service.

This rule does not excuse a party from serving copies of filings to all appropriate parties, and the court shall consider sanctions if copies are not properly served to all parties.

CRITICAL

Applies to

E-filed exhibit or transcript

The document must be signed and served in accordance with this court’s rules for signing and serving pleadings.

and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.

CRITICAL

The affiant must certify that a copy was mailed or delivered to the other party when the document was filed with the court.

Further, Affiant certifies that s/he has caused a copy hereof to be mailed or delivered to the other party at the time of filing same with the Court.

CRITICAL

Applies to

Temporary restraining order

The clerk must serve the temporary restraining order with the summons and petition on the defendant and mail a copy to the plaintiff by ordinary mail.

The clerk shall include a copy of the temporary restraining order with the summons and petition served on defendant and shall mail a copy of the temporary restraining order to the plaintiff by ordinary mail.

CRITICAL

A process server may not serve process in any case in which the server is a party.

Affiant agrees not to make service of process in any case in which affiant is a party.

CRITICAL

A reply to a response must be served no later than the seventh day after the response was served.

Any reply to a response shall be filed and served on or before the seventh day after the date of service of the response.

CRITICAL

Applies to

Document filed electronically

A certificate of service on all parties entitled to service or notice remains mandatory for electronically filed documents.

A certificate of service on all parties entitled to service or notice is still required when a party files a document electronically.

CRITICAL

Service

Publication

Before publication service, a Civil Rule 4.4 affidavit must be filed stating the defendant’s last known address and contact efforts.

Before service by publication can be made, an affidavit pursuant to Civ.R. 4.4 shall be filed and shall include the defendant’s last known address and efforts made to contact the defendant.

CRITICAL

Applies to

Document filed after original complaint

Service

Electronic service to all parties

The e-filing system’s notification of electronic filing constitutes service under Civil Rule 5.

The notification of electronic filing shall constitute service under Civ.R. 5.

CRITICAL

Applies to

Original complaint

For an e-filed original complaint, the filer must either e-file service instructions or attempt service under Civil Rule 4.7 and then file the waiver with the Clerk.

A party e-filing an original complaint shall either e-file instructions for service, or attempt service pursuant to Civ.R. 4.7 and subsequently file the waiver with the Clerk.

CRITICAL

Applies to

Exhibits

Service

Email to court

Counsel must provide the court both an email copy and a hard copy of the exhibits one week in advance.

Counsel shall provide an email copy and a hard copy to the court one week in advance.

CRITICAL

Applies to

Notice of hearing

Service

Email

All hearing notices must be sent to attorneys by email.

All notices of hearings shall be sent to attorneys by e-mail.

CRITICAL

Applies to

Post complaint filing

Service

Electronic service to all parties

The system’s electronic-filing notification constitutes service under Civil Rule 5.

The notification of electronic filing shall constitute service under Civ.R. 5.

CRITICAL

Applies to

Affidavit

The affiant must cause a copy of the filing to be mailed or delivered to the other party when the document is filed with the court.

Further, Affiant certifies that (s)he has caused a copy hereof to be mailed or delivered to the other party at the time of filing same with the Court.

CRITICAL

Applies to

Order

Service

Court service

The clerk shall serve all self-represented litigants who are not registered users of the e-filing system with paper copies of all entries and orders.

The clerk shall serve all self-represented litigants who are not registered users of the e-filing system with paper copies of all entries and orders.

CRITICAL

Applies to

Parenting proceeding affidavit

The parenting proceeding affidavit must be served with each party's first pleading in every parenting, custody, or visitation proceeding, including dissolution, divorce, and domestic violence petitions.

By law, an affidavit must be filed and served with the first pleading filed by each party in every parenting (custody/visitation) proceeding in this Court, including Dissolutions, Divorces and Domestic Violence Petitions.

CRITICAL

A party may file written objections to a parenting coordinator’s decision with the court and serve all other parties within 14 days of the decision’s filing date.

A party may file written objections to a parenting coordinator’s decision with the court and serve all other parties to the action within 14 days of the filing date of the decision.

CRITICAL

Service

Publication

For an indigent plaintiff, publication notices must be posted at the listed locations or alternatively on the clerk’s website for six successive weeks.

Notices posted pursuant to Civ.R. 4.4(A)(2) for service by publication for a plaintiff who is proceeding in forma pauperis will be posted in the Wood County Courthouse; Wood County Office Building; lobby of the United States Post Office in the Federal Building, Bowling Green, Ohio; and in the lobby of the United States Post Office in Perrysburg, Ohio. Alternatively, the posting may be made on the Wood County Clerk of Courts’ website for six successive weeks.

CRITICAL

Applies to

Original complaint

An e-filer of an original complaint must e-file service instructions or serve under Civil Rule 4.7 and then file the waiver with the clerk.

A party e-filing an original complaint shall either e-file instructions for service, or attempt service pursuant to Civ.R. 4.7 and subsequently file the waiver with the Clerk.

CRITICAL

Contested motions to modify a prior order must be served under Civil Rules 4 and 75.

All such contested motions shall be served according to Civ.R 4 and Civ.R 75.

CRITICAL

Applies to

Affidavit

Service

Publication

Before service by publication, a Civ.R. 4.4 affidavit identifying the defendant’s last known address and describing contact efforts must be filed.

Before service by publication can be made, an affidavit pursuant to Civ.R. 4.4 shall be filed and shall include the defendant’s last known address and efforts made to contact the defendant.

CRITICAL

Applies to

Medical bill records

Attorneys or moving parties must send opposing counsel or the self-represented party copies of all bills, proof of insurance payment, and proof of the movant’s payment in advance, and provide copies for the court at the hearing.

4. Attorneys or moving parties shall send a copy of all bills, proof of insurance paid, and proof of the movant’s payment to opposing counsel or the self-represented party in advance, and provide a copy for the court at the hearing.

CRITICAL

Applies to

E filed document

An unregistered party is entitled to a paper copy of an e-filed document, which the filing party must serve according to the applicable court rules.

A party who is not a registered user of the e-filing system is entitled to a paper copy of any e-filed document. The filing party shall serve the non- registered party with the document in accordance with the applicable rules of court.

CRITICAL

Applies to

Notice of filing exhibit

Service

Mail to opposing party

A copy of the Notice of Filing Exhibit “G” is served on opposing counsel by ordinary U.S. mail.

I certify that a copy of this Notice of Filing Exhibit “G” was sent by ordinary U.S. mail on [date] to counsel for defendant Bill Jones, [name and address of recipient].

CRITICAL

Service

Electronic service

An electronic filing must still include a certificate of service on all parties entitled to service or notice.

A certificate of service on all parties entitled to service or notice is still required when a party files a document electronically.

CRITICAL

Service

Publication

For an indigent plaintiff, service by publication may be accomplished by posting notices at the four specified locations or alternatively on the Wood County Clerk of Courts’ website for six successive weeks.

Notices posted pursuant to Civ.R. 4.4(A)(2) for service by publication for a plaintiff who is proceeding in forma pauperis will be posted in the Wood County Courthouse; Wood County Office Building; lobby of the United States Post Office in the Federal Building, Bowling Green, Ohio; and in the lobby of the United States Post Office in Perrysburg, Ohio. Alternatively, the posting may be made on the Wood County Clerk of Courts’ website for six successive weeks.

CRITICAL

Applies to

Process

Provest, LLC, its agents, and employees are authorized for one year to serve process in court matters in which they are not a party, related to a party, counsel of record, or have a financial interest in the outcome.

IT IS ORDERED that Provest, LLC, Its Agents and Employees whose address is 1881 Dixie Highway, Suite 120, Ft. Wright, KY 41011 and phone number is 513-621-1017 are hereby designated a Standing Special Process Server authorized to make service of process in any matter in this Court in which Provest, LLC, Its Agents and Employees are not a party to the proceeding, related to a party to the proceeding, counsel of record or have a financial interest in the outcome of the proceeding, and to serve one year from the filing of this Order.

CRITICAL

Service

Electronic service

The e-filing notification constitutes service under Civil Rule 58.

The notification of electronic filing shall constitute service under Civ.R. 58.

CRITICAL

A party filing additional objections must serve all other parties no later than 10 days after the first objections are filed.

If any party timely files objections, any other party may also file objections with the court and serve all other parties to the action not later than 10 days after the first objections are filed.

CRITICALCivil cases

For motions not listed as ex parte, opposing counsel must serve a desired response within 14 days after service of the initiating filing unless the court orders otherwise.

For all motions not specified in (D) above, opposing counsel shall serve any desired response within 14 days after service of the initiating filing unless otherwise ordered.

CRITICAL

Applies to

Motion to modify prior order

Every contested motion to modify a prior domestic-relations order must be served in accordance with Civil Rules 4 and 75.

C. All such contested motions shall be served according to Civ.R. 4 and Civ.R. 75.

CRITICAL

For motions not specified in subsection (D), opposing counsel must serve a desired response within 14 days after service of the initiating filing, unless another rule or the court orders otherwise.

For all motions not specified in (D) above, opposing counsel shall serve any desired response within 14 days after service of the initiating filing unless otherwise required by other rule or otherwise ordered.

CRITICAL

Applies to

Temporary restraining order

Service

Mail

The clerk must mail a copy of the temporary restraining order to the plaintiff by ordinary mail.

shall mail a copy of the temporary restraining order to the plaintiff by ordinary mail.

WARNING

Copies of filings must be served on all appropriate parties, and the court may consider sanctions for improper service.

This rule does not excuse a party from serving copies of filings to all appropriate parties, and the court shall consider sanctions if copies are not properly served to all parties.

INFO

Firefly Legal, Inc. and its agents are appointed standing civil process servers for service of process in all civil cases in the general division for one year from filing.

does hereby appoint Firefly legal, Inc. and all its agents as Standing Civil Process Servers authorized to make service of process in accordance with Ohio Civil Rules 4.1(B)&(C), 4.3(B)(2) and 4.5(B) in all civil cases filed in the general division of this Court for a period of one year from the date this Standing Order is signed and filed.

INFOCivil cases

Counsel and unrepresented parties are considered to have notice of all filings in the clerk's file.

All counsel or unrepresented parties shall be considered to have notice of all the filings in the clerk's file.

INFO

Applies to

Document filed after original complaint

Service

Electronic service to all parties

For post-complaint e-filings, the e-filing system sends a filing notification to designated counsel and registered users.

For documents e-filed after the original complaint, the e-filing system will generate a notification of electronic filing to designated counsel and any other party who is a registered user of the e-filing system.

INFO

Applies to

Post complaint filing

Service

Electronic service to all parties

The e-filing system sends notice of post-complaint filings to designated counsel and registered participants.

For documents e-filed after the original complaint, the e-filing system will generate a notification of electronic filing to designated counsel and any other party who is a registered user of the e-filing system.

INFO

Service

Mail

Electronic USPS return receipts are authorized and satisfy Civil Rules service requirements, but their use is optional.

The Clerk of Courts is authorized to use electronic return receipts from the United States Postal Service for certified mail service. Electronic proof of service for certified or express mail sent by the court shall be deemed in compliance with the service requirements of the Civil Rules. The use of electronic return receipts is not mandatory.

INFO

Applies to

Order

Service

Electronic service to all parties

The e-filing system electronically notifies designated counsel and registered participants of judge-signed entries and orders.

For all entries and orders signed by a judge, the e-filing system will generate a notification of electronic filing to designated counsel and any other party who is a registered user of the e-filing system.

INFO

Service

Mail

Electronic proof of service for certified or express mail sent by the court satisfies the Civil Rules' service requirements.

Electronic proof of service for certified or express mail sent by the court shall be deemed in compliance with the service requirements of the Civil Rules.

INFO

Applies to

Motion

Service

Court service

On request, the clerk serves hard copies at the Local Rule 3.04 per-page cost; the filing party need not furnish service copies of motions.

If a filing party requests that the clerk serve hard copies of a document on one or more of the parties to the case (e.g., a self-represented litigant), the clerk shall cause service copies to be produced at the per-page copy cost specified in Local Rule 3.04. Filing parties shall not furnish service copies of any motions.

INFO

Service

Electronic service to all parties

The e-filing system sends notice of judge-signed entries and orders to designated counsel and registered users.

For all entries and orders signed by a judge, the e-filing system will generate a notification of electronic filing to designated counsel and any other party who is a registered user of the e-filing system.

INFO

Applies to

Original complaint

For an original complaint, the clerk prepares service copies at the Local Rule 3.04 per-page cost, and the filing party need not furnish them.

When serving an original complaint, the clerk shall make service copies at the per-page copy cost specified in Local Rule 3.04. Filing parties shall not furnish service copies of the original complaint.

INFO

Applies to

Judgment entry

The Clerk of Courts must deliver a copy of the judgment entry to Court Administration, the Prosecuting Attorney, and Courtroom #4.

The Clerk of Courts shall deliver a copy of this judgment entry to Court Administration, Paul Dobson, Prosecuting Attorney, and Courtroom #4.

INFO

Use of United States Postal Service electronic return receipts is optional.

The use of electronic return receipts is not mandatory.