Cambridge Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

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

Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, caption of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff Smith’s Notice of Filing Exhibit “G” with 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 in this Court.

CRITICAL

The filer, rather than the Clerk, is responsible for serving documents filed after the original complaint on all parties and/or their attorneys.

In accordance with Civil Rule 5(B)(2) and Criminal Rule 49, the filer, not the Clerk, shall be responsible for serving all documents filed subsequent to the original complaint on all parties and/or their attorneys.

CRITICAL

Applies to

Summons and complaint

The defendant must be served with the summons and complaint at least seven days before trial unless time constraints require otherwise.

Defendant shall be served with the summons and complaint at least seven (7) days prior to the date set for trial, unless time constraints require otherwise.

CRITICAL

Service

Court service

The Clerk must issue a summons and serve the complaint or third-party complaint according to the filed service instructions.

the Clerk shall issue a summons and serve the complaint or third-arty complaint according to such instructions.

CRITICAL

Applies to

Juror summons

Service

Mail

The jury commissioner must mail each selected prospective juror a summons at least fourteen days before the scheduled trial date.

Upon notice by the Judge of an upcoming jury trial, the jury commissioner shall mail to each person whose name is drawn from the jury pool a juror summons (Attachment D) at least fourteen (14) days in advance of the scheduled trial date.

CRITICAL

Service

Court service to all parties

After the Judgment Entry is signed and filed, the Clerk of Courts must serve copies on the parties.

After the Judgment Entry has been signed and filed, the Clerk of Courts shall serve copies upon the parties in the case.

CRITICAL

Applies to

Motion for leave to apply for a writ

The plaintiff must serve a copy of the motion for leave on the defendants when such a motion is required.

2. Where the judgment is more than thirty (30) days old, but less than sixty (60) days old, plaintiff must file a Motion for Leave to Apply for a Writ and serve a copy of the motion on the defendant(s).

CRITICAL

After counsel enters an appearance, documents filed with the Court and court orders must be served on designated counsel.

Upon the entry of appearance of counsel, all documents filed with the Court and all court orders shall be served upon the designated counsel.

CRITICAL

Applies to

Summons

Summons must be served in accordance with the Ohio Rules of Civil Procedure.

B. Summons: The summons shall be served in accordance with the Ohio Rules of Civil Procedure.

CRITICAL

When a criminal complaint and summons is issued at the scene, the issuing officer must serve the defendant with the defendant’s paper copy as required by Ohio Criminal Rule 4(D).

1. If a criminal complaint and summons is issued at the scene of an alleged offense, the issuing officer shall serve the defendant with the defendant’s paper copy of the criminal complaint and summons as required by Ohio Crim. R. 4(D).

CRITICAL

A copy of each document filed by email must be served on all opposing parties or counsel as required by the Ohio Rules of Procedure.

A copy of any documents filed electronically via email shall be served upon all opposing parties or counsel as required by Ohio Rules of Procedure.

CRITICAL

Applies to

Summons and complaint or post judgment proceeding

If service of a summons and complaint or a post-judgment proceeding is not obtained within six months after filing and the party cannot show good cause, the action must be dismissed without prejudice as to that defendant.

C. If counsel/pro se party fails to obtain service of the summons and complaint or any post-judgment proceeding within six (6) months from the date the case already has been filed and the party on whose behalf such service was required cannot show good cause why such service was not made, the action shall be dismissed as to that defendant without prejudice upon the Court’s own initiative with notice to such party or upon motion.

CRITICAL

Service copies may not be transmitted by fax.

Service copies shall not be transmitted by facsimile.

CRITICAL

Defense counsel must notify the prosecutor's office when filing a preliminary-hearing continuance request.

Defense counsel must notify the prosecutor’s office of the continuance being filed.

CRITICAL

The specified law offices must timely notify Marsy's Law victims of court proceedings, including the proceeding's date, time, location, defendant's name, and charges.

B. Cambridge City Law Director’s office/Guernsey County Prosecutor’s office shall notify victims, as defined by Marsy’s Law, of all court proceedings in a timely manner, this includes but is not limited to notification of arraignment, pretrial, motion, probation violation, restitution hearings and motion to seal hearings. Such notifications shall include the date, time, and location of the proceeding, as well as the defendant’s name and the charges against him or her.

WARNING

Service

Mail

The Clerk must accept service methods provided by Civil Rule 4.1, including virtual service using eCertified mail technology that provides delivery confirmation information through the court’s website.

A. The Clerk of Court shall accept service of process methods as outlined in Civil Rule 4.1 which methods shall include “virtual” service of process utilizing advanced postal technology for service by eCertified mail. This advanced postal technology does not modify Civil Rule 4.1(1), but merely provides for advanced electronic and website technology in the sending of certified mail and receipt of confirmation utilizing the court’s website to show to whom the mail was delivered, the date of delivery, address where delivered, and the electronic signature of the recipient, all in accordance with the now-existing Civil Rules.

WARNING

Virtual service of process is subject to review or challenge under Civil Rule 4.1, and confirmation data is available through the Clerk’s Office.

B. All service of process of complaints or other documents served with virtual services of process are subject to review and/or challenge as further outlined in Civil Rule 4.1, with confirmation of service of process data being made available through the Clerk’s Office.