Rule 3.11 - Service of Documents; Notice When Documents are Rejected for Filing(A) Applicability to paper and electronic documents The requirements of this rule apply to both paper documents and electronic documents submitted through the E-Filing Portal or by e-mail. The E-Filing Portal does not provide service of documents, and all parties submitting documents through the E-Filing Portal shall still comply with all the requirements imposed by this rule. The E-Filing Portal does not provide service of documents, and all parties submitting documents through the E-Filing Portal shall still comply with all the requirements imposed by this rule.
(B) Service requirement (1)(a) Except as provided by division (B)(1)(b) of this rule, when a party or an amicus curiae files any document with the Clerk of the Supreme Court, that party or amicus curiae shall also serve a copy of the document on all parties to the case. Service on a party represented by counsel shall be made on counsel of record. (b) A party is not required to serve a copy of a complaint filed to institute an original action, any documents that are submitted with a complaint filed to institute an original action, a form containing omitted personal identifiers as required by Sup.R. 45(D), or an affidavit of indigence or entry appointing counsel submitted in lieu of a filing fee. This division shall not apply to an amended complaint filed under S.Ct.Prac.R. 3.13 and Civ.R. 15(A) in an original action.(2) Service of a copy of a notice of appeal from a decision of the Public Utilities Commission or the Power Siting Board shall be made pursuant to R.C. 4903.13. In an appeal or a cross-appeal from the Public Utilities Commission or the Power Siting Board, a copy of the notice of appeal or cross-appeal shall also be served upon all parties to the proceeding before the Public Utilities Commission or the Power Siting Board that is the subject of the appeal or cross-appeal. (3) In a case involving a felony, when a county prosecutor files a notice of appeal under S.Ct.Prac.R. 7.01 or an order certifying a conflict under S.Ct.Prac.R. 8.01, the county prosecutor shall also serve a copy of the notice or order on the Ohio Public Defender.(C) Manner of service (1) Except as otherwise provided by this rule, service may be personal or by delivery service, mail, e-mail, or facsimile transmission. Except as provided in division (B) of this rule, personal service includes delivery of the copy to counsel or to a responsible person at the office of counsel and is effected upon delivery. Service by delivery service is effected by depositing the copy with the delivery service. Service by mail is effected by depositing the copy with the United States Postal Service for mailing. Service by e-mail is effected upon the successful electronic transmission of the copy. Service by facsimile transmission is effected upon the successful electronic transmission of the copy by facsimile process.(2) In appeals from decisions of the Board of Tax Appeals under S.Ct.Prac.R. 10.01, service of a notice of appeal or cross-appeal shall be made by certified mail.(3) In expedited election cases under S.Ct.Prac.R. 12.08, service of all documents, except the complaint filed to institute the original action, shall be personal, by e-mail, or by facsimile transmission.(D) Certificate of service; certificate of filing(1) Unless a document is filed jointly and is signed by all parties to the case, or is not required to be served pursuant to division (B)(1)(b) of this rule, all documents presented for filing with the Clerk shall contain a certificate of service. The certificate of service shall state the date and manner of service and identify the names of the persons served and shall be signed by the party or the amicus curiae who files the document.(2) In an appeal from the Public Utilities Commission or the Power Siting Board, the notice of appeal shall also contain a certificate of filing to demonstrate that the appellant filed a notice of appeal with the docketing division of the Public Utilities Commission in accordance with Ohio Adm. Code 4901-1-02(A) and 4901-1-36.(E) Failure to provide service(1) When a party or amicus curiae fails to serve a party or parties to the case in accordance with division (B) of this rule, any party adversely affected may file a motion to strike the document that was not served. Within ten days after a motion to strike is filed, the party or amicus curiae against whom the motion is filed may file a memorandum in response. (2) If the Supreme Court determines that service was not made as required by this rule, it may strike the document or, if the interests of justice warrant, order that the document be served and impose a new deadline for filing any responsive document. If the Supreme Court determines that service was made as required by this rule or that service was not made but the movant was not adversely affected, it may deny the motion to strike.(F) Notice to other parties when document is rejected for filing If a document presented for filing is rejected by the Clerk under these rules, the party or amicus curiae who presented the document for filing shall promptly notify all of the parties served with a copy of the document that the document was not filed in the case.
Ohio. R. Prac. S. Ct. 3.11
Effective Date:6/1/1994, Amended: 4/1/1996; 4/28/1997; 7/1/2004; 10/1/2005; 1/1/2008; 1/1/2010; 1/1/2013; 1/1/2015; 9/29/2017; amended July 17, 2018, effective 9/13/2018; amended January 8, 2019, effective 3/1/2019; amended November 17, 2020, effective 1/1/2021; amended October 4, 2022, effective 1/1/2023.