Ohio Administrative Code › Title 4901 - Public Utilities Commission (PUCO) - Administration and Director › Chapter 4901-1 - Administrative Provisions and Procedure › Section 4901-1-05 - Service of pleadings and other papers

Current through all regulations passed and filed through July 1, 2024
(A) Unless otherwise ordered by the
			 commission, the legal director, the deputy legal director, or an
			 ALJ, all pleadings or papers filed with the commission
			 subsequent to the original filing or commission entry initiating the proceeding
			 shall be served upon all parties, no later than the date of filing. Such
			 pleadings or other papers shall contain a certificate of service. The
			 certificate of service shall state the date and manner of service, identify the
			 names of the persons served, and be signed by the attorney or the party who
			 files the document. The certificate of service for a document served by mail or
			 personal service shall also include the address of the person served. The
			 certificate of service for a document served by fax shall also include the fax
			 number of the person to whom the document was transmitted. The certificate of
			 service for a document served by 
								email shall also include the
			 
								email
			 address of the person to whom the document was sent.
(B) If an e-filing is accepted by the
			 docketing division, an 
								email notice of the filing will be sent by the
			 commission's e-filing system to all persons who have electronically subscribed
			 to the case. The 
								email notice will constitute service of the
			 document upon the recipient. Upon receiving notice that an e-filing has been
			 accepted by the docketing division, the filer shall serve copies of the
			 document in accordance with this rule upon all other parties to the case who
			 are not served via the 
								email notice. A person making an e-filing shall
			 list in the certificate of service included with the e-filing the parties who
			 will be served by 
								email notice by the commission's e- filing system
			 and the parties who will be served by traditional methods by the person making
			 the filing. The certificate of service for an e-filed document shall include
			 the following notice: The PUCO's e-filing system will electronically serve
			 notice of the filing of this document on the following parties: (list the names
			 of the parties referenced on the service list of the docket card who have
			 electronically subscribed to the case).
(C) If a party has entered an appearance
			 through an attorney, service of pleadings or other papers shall be made upon
			 the attorney instead of the party. If the party is represented by more than one
			 attorney, service need be made only upon the "counsel of record" designated
			 under rule
			 4901-1-08 of the Administrative
			 Code. If no counsel of record is listed for a party with multiple counsel then
			 service 
								may be made on the first- listed counsel in the
			 initial pleading.
(D)
								Unless service is completed through the commission's
			 e-filing system as set forth in paragraph (B) of this rule or email service is
			 impractical, (e.g., due to file size) an attorney representing a party before
			 the commission may accomplish service upon other attorney-represented parties
			 that have intervened or made an appearance no later than the day before the
			 filing by email. Otherwise,
								
								service upon an attorney or party may be personal
			 or by mail, by fax, or 
								email under the following conditions:
(1) Personal service is complete by delivery
			 of the copy to the attorney or to a responsible person at the office of the
			 attorney. Personal service to a party not represented by an attorney is
			 complete by delivery to the party or to a responsible person at the address
			 provided by the party in its pleadings.
(2) Service by mail to an attorney or party
			 is complete by mailing a copy to his or her last known address. If the attorney
			 or party to be served has previously filed and served one or more pleadings or
			 documents in the proceeding, the term "last known address" means the address
			 set forth in the most recent such pleading or document.
(3) Service of a document to an attorney or
			 party by fax may be made only if the person to be served has consented to
			 receive service of the document by fax. Service by fax is complete upon
			 transmission, but is not effective if the serving party learns that it did not
			 reach the person served.
(4)
			 Service of a document by 
									email to a party not
			 represented by an attorney may be made only if the
			 
									party
			 to be served has consented to receive service of the document by
			 email.
(5)
									Service by email is complete upon transmission, but is
			 not effective if the serving party learns that it did not reach the person
			 served.