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

CRITICAL

Service

Court service

The Court must provide the investigation report to the prosecutor and applicant's counsel or pro se applicant, and the report must not be filed with the Clerk.

This report shall be filed with the Court as set forth in the entry 30 days after filing the application, and the Court will provide a copy of that report to the prosecuting attorney and the applicant’s counsel or pro se applicant. The report shall not be filed with the Clerk.

CRITICAL

Applies to

Proposed findings conclusions

Within five (5) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing Counsel shall submit and similarly serve their proposals.

Within five (5) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing Counsel shall submit and similarly serve their proposals.

CRITICAL

Applies to

Initiating document

Initiating documents and documents adding a party are not served electronically, and summons and service must be completed as the applicable rule or statute requires.

Initial complaints, re-filed complaints, third party complaints, other documents initiating a case or adding a new party are filed but not served electronically. Summons and service cannot be issued or completed electronically and must be accomplished as required by the applicable rule or statute.

CRITICAL

Applies to

Proposed findings conclusions

The requesting party must serve copies of its proposed findings and conclusions on all opposing parties or their counsel.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provisions of Civil Rule #52, the party requesting such statement shall within five (5) days after receipt of notice of the Court’s decision, submit to the Court a statement of proposed findings of fact and conclusions of law and shall serve copies thereof on all opposing parties or their Counsel.

CRITICAL

Service

Publication

Counsel seeking service by publication must submit the proposed legal notice to the Clerk, who must promptly publish it in the local newspaper.

(B) Counsel for a party desiring service by a publication shall submit to the Clerk of Courts the proposed legal notice for such publication. This notice shall be promptly published in the local newspaper by the Clerk of Courts.

CRITICAL

Applies to

Default judgment application

An applicant for default judgment must notify the opposing party and submit proof of service to the Court when filing the application.

In addition to the following requirements of Civil Rule #55, the party applying for a Default Judgment shall give notice of the application to the party against whom the Default Judgment is sought and shall, at the time of filing the application, submit to the Court proof of service of the application.

CRITICAL

An assignment notice sent by the Assignment Commissioner to counsel by ordinary mail is official and complete notice of the assignment.

Notification by the Assignment Commissioner by ordinary mail shall be deemed official and complete notification to all counsel of any assignment of any case for any purpose whatsoever.

CRITICAL

The Clerk must serve objections electronically on applicant's counsel; for a pro se applicant, service is electronic if an electronic address is supplied and by regular U.S. mail otherwise.

and shall be served by the Clerk upon applicant’s attorney by electronic means, or served upon a pro se applicant either electronically if the application contains an electronic address, or by regular U.S. mail if no electronic address is supplied.

CRITICAL

The Clerk must serve the Journal Entry on the listed recipients by hand delivery, electronic means if available, or regular U.S. mail, at the Clerk’s discretion.

The Clerk of Courts shall cause a copy of this Journal Entry to be served upon the Auglaize County Sheriff, Auglaize County Correction Center, the Probation Department of this Court, and all counsel of record by hand delivering the same, or electronic means if available, or by regular U.S. mail, at the Clerk’s discretion.

CRITICAL

For one year after filing, the Clerk must accept a file-stamped copy of the order as satisfying Civil Rule 4.1’s process-server designation requirement.

For a one year period from filing, the Clerk shall accept a file-stamped copy of such order as satisfying the requirements of Civil Rule 4.1 for the designation by the Court as a person authorized to make service of process.

CRITICAL

Notice that a bankruptcy stay has been lifted must be served on all counsel or self-represented parties.

Furthermore, such attorney or party shall file and serve all counsel or pro se parties notice of the lifting of any such stay within fifteen (15) days after such a stay is lifted by the Bankruptcy Court or operation of law.

CRITICAL

Applies to

Extension motion and affidavit

The extension motion and supporting affidavit must be served on opposing counsel.

The Motion and affidavit shall be served upon opposing counsel

CRITICAL

A filer may not transmit service copies by fax.

The filer shall not transmit service copies by facsimile.

CRITICAL

In civil filings, the plaintiff must initially choose one method of service under Civil Rule 4.1 and may not request an alternate method until a return shows service failed.

(A)(1) In all civil filings, the plaintiff shall initially choose one method of service as provided for in Civil Rule 4.1, and may not request service by an alternate method until there is a return showing failure of service.

CRITICAL

The bankruptcy notice must also be given to all other counsel or self-represented parties of record in accordance with Civil Rule 5.

Such attorney or party shall likewise give such Notice to other counsel or pro se parties of record in such pending litigation; same to conform to requirements of Civil Rule #5.

CRITICAL

Applies to

Entry or order

Service

Court service

After an order or entry is signed and filed, the Clerk of Courts must serve copies of all entries and orders.

After the order or entry has been signed and filed, the Clerk of Courts shall serve copies of all entries and orders.

CRITICAL

Applies to

Trial brief

All trial briefs must be furnished to opposing counsel.

All Trial Briefs shall be furnished to opposing counsel.

CRITICAL

A copy of a transcript-request motion must be served on the Court Reporter.

Requests for transcriptions of testimony from the recordings of any cases shall be made in writing by Motion with the Court, with a copy to be served upon the Court Reporter.

CRITICAL

The filer, not the Clerk, is responsible for serving documents filed after the original complaint on all parties and attorneys.

In accordance with Civ. R. 5(B)(2) and Crim R. 49, the filer, not the Clerk of Courts shall be responsible for serving all documents filed subsequent to the original complaint on all parties and attorneys.

CRITICAL

Service

Mail

Juror summonses must be mailed to jurors’ last known addresses.

(B) The assignment clerk of the Court shall summon jurors for trial in a number to be determined by the Judge in the order that they appear on the list as provided by the Jury Commissioners. Summons to be a juror to appear for trial shall be made by mailing the summons to the juror’s last known address.

CRITICAL

Applies to

Written pleading motion memorandum or argument

Written pleadings, motions, memoranda, and arguments filed with the Court must be served on opposing counsel or, if a party is unrepresented, that party.

Every Pleading, Motion, Memorandum or Argument, in writing, filed with the Court and Judge, shall be served upon all opposing counsel or upon all parties not represented by counsel.

CRITICAL

A Special Process Server applicant must agree to follow Civil Rules 4.1 through 4.6, applicable local rules, and case-specific Court service instructions.

(4) That applicant agrees to follow the requirement of Civil Rule 4.1 through 4.6, any applicable local rules, and specific instruction for service as ordered by the Court in individual cases.

CRITICAL

The exhibit cover sheet must be signed and served in accordance with the rules governing the signing and service of pleadings.

and shall be singed and served in conformance with the rules governing the signing and service of pleadings in this court.

CRITICAL

Registered e-filers must serve the parties and Court in accordance with Ohio Civil Rule 5.

By registering as an e-filer, the attorney or party agrees to file documents electronically and shall serve parties to a case and the Court in accordance with Ohio Civil Rule 5.

CRITICAL

Service

Mail

After a case is ordered sealed, the Juvenile Court must mail the Journal Entry to the appropriate parties and agencies.

Once a case has been ordered sealed, the Juvenile Court processes the Journal Entry and mails that to the appropriate parties/agencies.

CRITICAL

Service

Mail to agency

When a case is ordered sealed or expunged, the entry and required Ohio Attorney General form must be sent by certified mail to the law enforcement agencies listed in the order, unless otherwise ordered.

In the event a case is ordered sealed or expunged, the entry will be sent by certified mail unless otherwise ordered to all law enforcement agencies listed on the order, including BCI along with the “Sealing and/or Expungement” Form required by the Ohio Attorney General.

CRITICAL

Service

Court service to all parties

Upon filing an Entry, the Clerk must immediately serve a copy on each party or counsel.

All such Entries shall be submitted to the Court with sufficient copies to provide each party with a copy thereof. The Clerk of Courts will not accept for filing any Judgment Entry unless it is accompanied by sufficient copies for each party or counsel in the cause, and the Clerk shall immediately, upon the filing of any such Entry, cause each party or counsel to be served a copy of such Entry.

WARNING

The Clerk makes the copies needed for service and charges the rate established by the Auglaize County Clerk of Courts.

Copies needed for service shall be made by the Clerk and charged for at the rate established by the Auglaize County Clerk of Courts.

INFO

The Clerk’s notation on the appearance docket that an entry of judgment was served is sufficient evidence of service.

The Clerk’s notation of the service of the entry of judgment on the appearance docket is sufficient evidence of service.