Bryan Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

To initiate the consolidated-trial procedure, the defendant must first serve a counterclaim on the plaintiff.

To initiate this procedure, defendant must first serve a counter-claim upon plaintiff

CRITICAL

The summons must be served at least 7 days before the trial date.

The service of summons shall be at least seven (7) days before the trial date.

CRITICAL

Applies to

Reply brief

Copies of reply briefs must be provided to opposing counsel or unrepresented parties.

with copies certified to all opposing counsel or unrepresented parties.

CRITICAL

Applies to

Service copy

A filer may not transmit service copies by facsimile.

The filer shall not transmit service copies by facsimile.

CRITICAL

Applies to

Subpoena

Subpoenas to law-enforcement agency members must be served by facsimile delivery from the Clerk’s Office.

Service of subpoenas to members of law enforcement agencies shall be by delivery from the Clerk's Office by way of facsimile.

CRITICAL

The return of service of summons must be made as soon as practicable after the complaint is filed.

Return of service of summons shall be made as soon as practicable after filing the complaint.

CRITICAL

Service must comply with the applicable Rules of Criminal Procedure and Traffic Rules.

Service shall be made in accordance with the applicable Rules of Criminal Procedure and Traffic Rules.

CRITICAL

The journal entry must be submitted to opposing counsel within 10 days of the decision.

That entry shall be submitted to opposing counsel within ten (10) days of the decision.

CRITICAL

The bailiff must serve the landlord by personal or residential service under Ohio Civil Rule 4.1(2) or (3).

The bailiff shall serve the landlord by personal or residential service in accordance with Rule 4.1 (2) or (3), Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Motion to revive judgment

A motion to revive a judgment must be served on the other party.

Motions to revive judgment must be filed in writing and served upon the other party.

CRITICAL

The defendant must be served with a summons in accordance with Ohio Revised Code Section 1923.06.

The defendant shall be served a summons in accordance with Ohio Revised Code Section 1923.06.

CRITICAL

Notice of a pre-trial conference must be given to the parties’ counsel by mail and/or telephone at least 14 days before the conference.

Notice of pre-trial conferences shall be given to al parties counsel or of record by mail and/or by telephone the assignment from commissioner not less than fourteen (14) days prior to the conference.

CRITICAL

Subpoenas must be served in accordance with Rule 17(D) of the Ohio Rules of Criminal Procedure.

Subpoenas shall be served as provided in Rule 17(D) of the Ohio Rules of Criminal Procedure.

CRITICAL

Court-filed documents must be served under Ohio Civil Rule 5 and Ohio Criminal Rule 49 unless the attorney or unrepresented party has filed an email address with the Court.

Documents filed with the Court shall be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49 unless an attorney or a party not represented by an attorney has filed an electronic mail address with the Court.

CRITICAL

Applies to

Trial brief

Copies of the trial brief must be provided to opposing counsel or to opposing parties who are unrepresented.

Copies of the trial brief shall be certified to all opposing counsel or parties unrepresented by counsel.

CRITICAL

When an electronically produced ticket is issued, the issuing officer must provide the defendant a paper copy.

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

CRITICAL

Service

Mail

If withdrawal is granted, withdrawing counsel must mail a copy of the withdrawal entry forthwith to the client’s last known address.

The withdrawing counsel represents that, if the motion is granted, a copy of the withdrawal entry wil be mailed forthwith to the last known address of the client.

CRITICAL

Service

Electronic service

Documents served electronically must include proof of service identifying the email address used; the available text ends before completing the requirement.

Documents served electronically shall contain proof of service setting forth the electronic mail address at which

CRITICAL

Service

Email

When an attorney or party has filed an email address with the Court, service by email constitutes service under the cited Ohio rules, but does not add the three days provided by Ohio Civil Rule 6(D).

Where an electronic mail address has been filed with the Court by affixing the same to any document or by the filing of a separate notice of electronic mail address, service on the attorney or party by electronic mail shall constitute service pursuant to Ohio Civil Rule 5 and Ohio Criminal Rule 49 but shall not entitle the attorney or party to the additional three days provided by Ohio Civil Rule 6(D).

CRITICAL

Applies to

Subpoena

Subpoenas shall be served provided in Rule 45(8) of the Ohio Rules of Civil Procedure.

Subpoenas shall be served provided in Rule 45(8) of the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Missing exhibit

A separately filed missing exhibit must be signed and served under the rules governing the signing and service of pleadings in the court.

Any exhibit filed shall in this be attached manner to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff Smith's Response to Defendants' Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings i n this court.

WARNING

The electronic filing system does not serve the other party with a copy of a filing.

The electronic filing system does not serve the other party with a copy of the filing.