Barberton Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Court notices, communications, and documents requiring service are sent to the designated trial attorney.

All notices and communications from the Court and all documents required to be served will be sent to the designated trial attorney.

CRITICAL

A small-claims counterclaim or cross-claim must be served on all other parties at least seven days before trial of the plaintiff’s original claim.

Any person who files a counterclaim or cross-claim shall file it with the Small Claims Division and serve it on all other parties at least seven days prior to the date of the trial of the plaintiff's claim in the original action.

CRITICAL

The defendant in a forcible-entry-and-detainer case must be served at least seven days before trial.

Defendant shall be served at least seven days prior to the date set for trial.

CRITICAL

Specified orders, subsequent pleadings, discovery papers, written motions, notices, and similar papers must be served on each party, subject to stated exceptions; new claims or damages against a defaulting party must be served like a summons.

Except as otherwise provided in these rules or the Ohio Rules of Criminal or Civil Procedure, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. Service is not required on parties in default for failure to appear except that pleadings asserting new or additional claims for relief or for additional damages against them shall be served upon them in the manner provided for service of summons in Civ. R. 4 through Civ. R. 4.6.

CRITICAL

When an electronic ticket is issued at the scene, the issuing officer must give the defendant a paper copy.

If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the citation.

CRITICAL

Service

Court service to all parties

The Clerk must serve a magistrate’s decision on all parties or their attorneys no later than three days after the decision is filed.

A magistrate's decision shall be in writing, identified as a magistrate's decision in the caption, signed by the magistrate, filed with the clerk, and served by the clerk on all parties or their attorneys no later than three days after the decision is filed.

CRITICAL

Served documents must include a signed proof stating the service date and manner and identifying the applicable Civ.R. 5(B)(2) method; the Court will not consider a filed document without proof endorsed on it or separately filed.

The served document shall be accompanied by a completed proof of service which shall state the date and manner of service specifically identify the division of Civ.R. 5(B)(2) by which the service was made, and be signed in accordance with Civ.R. 11. Documents filed with the Court shall not be considered until proof of service is endorsed thereon or separately filed.

WARNING

The Clerk may serve process personally, at the party’s residence, by certified or express mail, or by commercial carrier.

As provided in Rule 4.1 of the Ohio Rules of Civil Procedure, Service of Process may be effectuated by the Clerk of Court by personal service, service to the residence of the party to be served, certified or express mail, or by commercial carrier.

WARNING

Service

Mail

Non-local counsel and self-represented parties receive notice by mail, and mail notice is sufficient notwithstanding contrary rules.

Non-local counsel and parties representing themselves shall be notified by mail. Notwithstanding provisions of any rule to the contrary, any mail notification provided shall be sufficient.

WARNING

Permitted service methods include hand delivery, delivery to an office or dwelling, mail or commercial carrier to the last known address, delivery to the Clerk when no address is known, and authorized fax or email.

As provided in Civ. R. 5(B)(2), service may be effectuated by handing it to a party or attorney, by delivering it to a party's office or dwelling, by mailing it or delivering it by commercial carrier to a last known address, by leaving it with the Clerk of Court if there is no last known address, or by sending it by facsimile or email address in a manner permitted by these rules and the Rules of Civil Procedure.