Ohio S.Ct.Prac.R. 3.11

(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.

(B) Service requirement

(1) (a) Except as provided by division (B)(1)(b) of this rule, when a party or a

friend of the court files any document with the Clerk of the Supreme Court, that

party or friend of the court 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. 11.13, or an affidavit of indigency or entry appointing counsel submitted in

lieu of a filing fee. This division shall not apply to an amended complaint filed

under Rule 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

Rule 7.01 or an order certifying a conflict under Rule 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, or e-mail. 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.

(2) In appeals from decisions of the Board of Tax Appeals under Rule 10.01, service

of a notice of appeal or cross-appeal shall be made by certified mail.

(3) In expedited election cases under Rule 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 friend of the court 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 Comm ission in

accordance with Ohio Adm. Code 4901-1-02(A) and 4901-1-36.

(E) Failure to provide service

(1) When a party or friend of the court 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 friend of the court 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

friend of the court 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.