Below are the proposed updates to the Greene County Juvenile Court’s Local Rules of Practice, which are being shared for public comment. Updates include: Interpreter Rule, page 29; Process Server Rule, page 20; Service Rule, page 18. The pertinent revisions are provided and highlighted for review purposes. If you would like to make a comment on a proposed rule change, comments can be submitted by completing the linked form below through October 2, 2023.
X. Service of Process:
c. Commercial Carrier: unless the filing party provides written instructions to the clerk that service shall be made via United States Postal Service certified or express mail, the clerk may issue service via commercial carrier utilizing any form of delivery requiring a signed receipt.
XII. Process Servers:
- Case specific Appointment: If a party desires personal service be made by a special process server pursuant to Civ. R. 4.1 and/or Juv. R. 16, the party or counsel must file with the clerk an application supported by affidavit.
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The application and affidavit shall contain the following information;
- The name, address and telephone number of the person to be appointed as a process server;
- Affirmation that the person to be appointed as a process server is 18 years of age or older;
- Affirmation that the person to be appointed as a process server is not a party, not related to a party, is not counsel for a party in the action, and does not have a financial interest in the outcome of the proceeding;
- Affirmation that the person to be appointed has not been convicted in the last 10 years of any felony, offense of violence, or offense involving dishonesty or false statement, and not currently under community control sanctions, probation, post-release control, or parole;
- Affirmation that the person to be appointed is not currently a respondent under any civil protection order;
- Affirmation that the person to be appointed is familiar with the required procedure for service of process; and
- Affirmation that the person to be appointed will conduct themselves in a professional manner.
ii. Proposed Order: The applicant shall also submit a proposed order in which the Court makes the foregoing findings set forth in the application and is captioned “In re the Appointment of (name of person to be appointed) as Special Process Server in Case No. XXXX-X-XXXXX” and stating “(person to be appointed) is hereby designated as a Special Process Server authorized to make service of process in the above captioned case filed in this Court, to serve for the duration of the current case”. The order shall further provide that if the appointed person fails to satisfy the requirements set forth during the period of appointment, the authority to serve process under the order shall cease. Continued appointment beyond one year shall require reapplication as set forth in Ohio Civ.R. 4.1.
b. Continuing Appointment: A person may apply to be designated as a “Standing Special Process Server” for cases filed in this Court by filing an application annually supported by affidavit.
- The application and affidavit shall contain the following information:
- The name, address and telephone number of the person to be appointed;
- Affirmation that the person to be appointed is 18 years of age or older;
- Affirmation that the person to be appointed agrees not to attempt service of process in any case in which the applicant is a party or counsel for a party or in which the applicant has a financial interest in the outcome of the case;
- Affirmation that the person to be appointed has not been convicted in the last 10 years of any felony, offense of violence, or offense involving dishonesty or false statement, and not currently under community control sanctions, probation, post-release control, or parole;
- Affirmation that the person to be appointed is not currently a respondent under any civil protection order;
- Affirmation that the person to be appointed is familiar with the required procedure for service of process;
- Affirmation that the person to be appointed agrees to follow the requirements of the Ohio Rules of Civil Procedure, the Ohio Rules of Juvenile Procedure, the Ohio Rules of Criminal Procedure, applicable local rules and will ensure compliance with specific instructions for service which may be ordered by the Court in individual cases.
- Affirmation that the person to be appointed will conduct themselves in a professional manner.
ii. Proposed Order: The applicant shall also submit a proposed order captioned “In re the Appointment of (name of person to be appointed) as Standing Special Process Server” and stating “(person to be appointed) is hereby designated as a Standing Special Process Server authorized to make service of process in all cases filed in this Court, to serve for a period up to one year”. The order shall further provide that if the appointed person fails to satisfy the requirements set forth during the period of appointment, the authority to serve process under the order shall cease. Continued appointment beyond one year shall require reapplication as set forth in this rule and Ohio Civ.R. 4.1.
XXIII. Special Accommodations:
b. Interpreters: If an interpreter is required for a hearing or out-of-court (ancillary) service, a motion shall be filed with the Court at least (2) weeks language services will be delivered by the court in accordance with the Language Access Plan and the Rules of Superintendence for the Courts of Ohio, Rules 80-99. Prior to serving as an interpreter, each person shall be required to acknowledge the Interpreter’s Oath, on the record.
i. Language-Access Plan: In accordance with Superintendence Rule 88(J), effective XXXXXX, 2023, and for purposes of ensuring language access and effective appointment of interpreters, Greene County Juvenile Court developed and implemented a language access plan. The language access plan addresses how the Court will provide language services for hearings and for ancillary court services. The Court will update the language access plan at least once every three years. The Language Access Plan is located in Appendix XII, attached to the Local Rules.
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