Athens County Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Service

Mail

Written notice of the default hearing must be mailed to the defaulting party’s last known address at least ten days before the hearing.

Default Judgments may be granted upon the Motion of any party or upon Motion of the Court with written notice of the time and date for default hearing mailed to the last known address of the party in default no less than ten days prior to the date for hearing.

CRITICAL

The journal entry must be submitted to opposing counsel within five days of the decision.

That entry shall be submitted to opposing counsel within five days of the decision.

CRITICAL

Deadline

4 business days

Applies to

Notice to leave premises

The required Notice to Leave Premises must be served on the tenant at least four business days before the eviction complaint is filed.

The Clerk shall not accept for filing any Complaint seeking eviction unless such Complaint has attached a Notice to Leave Premises required by R.C. Chapter 1923 that has been served upon the tenant at least four business days earlier.

CRITICAL

Electronically filed documents must be served in the manner prescribed by Civil Rules 4 and 5.

Service of documents filed electronically shall be accomplished in the manner prescribed by the Civil Rules. (Civ. R. 4 and 5)

CRITICAL

Summons must be served under the Ohio Rules of Civil Procedure, and counsel must obtain service within six months of filing or risk dismissal after notice unless good cause is shown.

Summons shall be served in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the Clerk shall notify counsel immediately. If counsel fails to obtain service of summons within six months from the date the cause of action has been filed, then the Clerks shall notify counsel that the case will be dismissed in ten days after notice to counsel unless good cause is shown to the contrary.

CRITICAL

A case will be dismissed if service of process is not completed within six months after the complaint is filed.

Where service of process is not completed within six months from the date of filing of the complaint, the case will be dismissed.

CRITICAL

Applies to

Motion to redact eviction record

A motion to redact an eviction record must be served on the opposing party at their last known address.

Application to redact an eviction record must be made by motion and served upon the opposing party at their last known address.

CRITICAL

Applies to

Journal entry

Counsel for the party in whose favor judgment is entered must prepare the journal entry and submit it to opposing counsel within five days of the decision.

Counsel for the party in whose favor an order of judgment is rendered shall prepare the journal entry. That entry shall be submitted to opposing counsel within five days of the decision.

WARNING

The Assignment Commissioner must notify all counsel of record of a pretrial conference by mail, telephone, or both.

Notice of pretrial conference shall be given to all counsel of record by mail and/or telephone from the Assignment Commissioner.

WARNING

Both parties must receive notice of a default judgment hearing, but the plaintiff is excused from attending.

Notice of the default judgment hearing shall be sent to both parties, but Plaintiff is excused from attendance.