Bellevue Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Applies to

Filed document court order or motion

After counsel appears, filed documents, court orders, and motions must be served on designated counsel or the party's representative.

(A) Upon the entry appearance of counsel, all documents filed with Court and all Court orders and motions shall be served upon the designated counsel or patty's representative.

CRITICAL

Applies to

Motion

Copies of a motion for advancement of proceedings must be served on opposing parties or counsel.

Motions for advancement of proceedings shall be submitted to the Court in writing and copies of the same shall be served upon opposing parties or counsel.

CRITICAL

Service

Personal service

Service of a statutory demand personally or by leaving it at the debtor’s usual residence must be proved by the server’s affidavit.

Where the statutory demand is served personally, or by leaving it at the debtor's usual place of residence, proof of such service shall be made by the affidavit of the person serving same.

CRITICAL

Trial briefs and proposed jury instructions must be exchanged with opposing counsel when filed.

All trial briefs and proposed jury instructions are required to be exchanged with opposing counsel at the time of filing.

CRITICAL

Service

Mail

For a statutory demand sent or attempted by registered or certified mail, the sender’s affidavit must include the signed receipt, proof of refusal, a photocopy of either, or the certified-mail envelope marked “unclaimed.”

When such demand is served, or attempted to be served, by registered or ce1tified mail, proofof such service shall be made by the affidavit of the person sending the demand by registered or certified mail and shall be accompanied by the signed registered or certified mail receipt, or proof of refusal of service, or by a photocopy thereof; or the ce1iified mail envelope endorsed "unclaimed".

CRITICAL

The plaintiff must make a good-faith attempt to serve the defendant at the defendant’s last known address, even if the defendant complied with the address requirement.

Notwithstanding the defendant's compliance w ith this rule, the plaintiff is required to make a good faith attempt t o serve the defendant as h is or he r last known address.

CRITICAL

Law firms must send the defendant and employer a current-balance notification before the case is paid in full.

In many instances, attorneys are sending a current balance due, several Months after the final answer has been fi led; therefore, it is this court's ruling that all l aw firms are to send current balance notification to the defendant and the employer Before the case is paid in full.

CRITICAL

Notice of a proceeding requiring personal appearance must be sent to the parties or counsel at least ten days before the appearance, by mail, fax, or another provided method.

Notice of any proceeding requiring personal appearance of parties or counsel except as noted herein, shall be mailed, communicated by facsimile transmittal or as otherwise provided to the parties or counsel not less than ten ( 1 0) days prior to the date of the appearance.

CRITICAL

Summons must be served under the Ohio Rules of Civil Procedure; counsel must obtain service within six months of filing or face notice of dismissal in ten days unless good cause is shown.

The summons shall be served in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the Clerk of Court shall notify counsel immediately. If counsel fails to obtain service of summons with in s ix ( 6) months fro m the date the case has been filed, then the Clerk of Court shall notify counsel that the case will be dismissed in ten ( 1 0) days unless good cause is shown to the contrary.

CRITICAL

The assignment commissioner must notify counsel of record of a pretrial conference by mail, fax, or telephone at least ten days before the conference.

Notice of pretrial conference shall be given to all counsel on record by mail, facsimile transmission, or by telephone from the assignment commissioner not less than ten ( 1 0) d ays prior to the conference.

CRITICAL

Applies to

Traffic ticket

When an electronically produced ticket is issued at the scene, the issuing officer must serve the defendant with a paper copy.

If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall serve the defendant with the defendant's paper copy of the ticket as required by Rule 3 (E) of the Ohio Traffic Rules.

CRITICAL

Applies to

Filed document

All documents must be served on the prosecutor or opposing party under the applicable civil or criminal rule, and the filed document must show proof of service or it may be stricken.

Notwithstanding the exceptions to formalities of documents filed with the Clerk of Court, all documents must be served on the p ro secutor or opposing party in accordance with Civil Rule, and Criminal Rule. Failure to show proof of service on the document filed shall be grounds for striking the document from the Court's record.

WARNING

Applies to

Jury summons

Service

Mail

Prospective jurors must be notified by regular mail through a summons directing them to appear on the assigned date, and the summons must be delivered by ordinary mail.

All prospective jurors shall be notified by regular mail of their requirement of service by the issuance of a summons directing them to appear on the date assigned. Further, all prospective jurors shall be required complete a jury questionnaire and, if appropriate, a request for excuse, exemption or a deferral. The summons shall be phrased so as to b e readily understood by an individual unfamiliar with the legal process, and shall be delivered by ordinary mail.

WARNING

Service

Mail

A trial brief may be delivered by ordinary mail, with proof of service appended to each brief.

Delivery may be made by ordinary mail with a proof of service appended to each brief.