Celina Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Orders in aid of execution must be served and scheduled pursuant to statute and the civil rules.

Orders in aid of execution shall be served and scheduled pursuant to statute and civil rules.

CRITICAL

Applies to

Jury service notice and questionnaire

Service

Mail

Jury-service notices and questionnaires must be delivered by ordinary mail.

The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person shall be phrased so as to be readily understood by an individual unfamiliar with the legal and jury systems and be delivered by ordinary mail.

CRITICAL

If service is not completed within six months under Civil Rule 4(E), the Court will notify plaintiff’s counsel that the case may be dismissed unless service is obtained within fourteen days.

20.03 If service is not completed within six (6) months as required by Civil Rule 4 (E), the Court will serve notice on plaintiff’s counsel that unless service is obtained within fourteen (14) days, the case may be dismissed.

CRITICAL

Filers must not transmit service copies electronically.

The filer shall not transmit service copies electronically.

CRITICAL

Applies to

Summons

Service

Mail

Summonses must be understandable to people unfamiliar with the legal process and delivered by ordinary mail.

summons shall be phrased so as to be readily understood by an individual unfamiliar with the legal process and shall be delivered by ordinary mail.

CRITICAL

Upon modification, dismissal, or termination, a copy must be provided to every party that received the original order.

Provide a copy to all parties that received the original Temporary Protection Order and No Contact Order.

CRITICAL

For attorneys who choose to use a court mailbox, placement of papers there counts as delivery to counsel when the Certificate of Delivery reflects the placement; the person placing the papers must note the deposit date and their initials.

When copies of pleadings, motions, briefs, memoranda and other papers have been placed in the appropriate attorney’s Court mailbox, and the Certificate of Delivery reflects such action, it shall be deemed by the Court as delivery to counsel, pursuant to the requirements of the Ohio Rules of Criminal and Civil Procedure. The person responsible for placing said papers in the appropriate attorney’s mailbox in the Clerk of Court’s Office shall, upon placing said papers in said Mailbox, note thereon the date of making deposit, together with his/her initials. All assignment notices generated by the Court will be placed in the respective mailboxes as well. This Rule will apply to the attorneys who routinely practice in the Celina Municipal Court and choose to have a mailbox provided within the Celina Municipal Court Clerk of Court’s Office.

CRITICAL

Service

Email

Documents must be served under the applicable Ohio civil or criminal rule unless an email address has been filed with the court; email service then qualifies, does not add three days, and requires proof stating the email address served.

31.14 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. 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(E). Documents served electronically shall contain proof of service setting forth the electronic mail address at which the attorney or party was served.

CRITICAL

Service

Publication

For service by publication, counsel submits the proposed notice to the clerk, who must promptly publish it in the local newspaper.

In any case wherein service is to be made by publication, counsel for the party desiring service by publication shall submit to the clerk of Court the proposed legal notice for such publication. This notice shall be promptly published in the local newspaper by the Clerk of Courts.

CRITICAL

Copies of pre-trial statements must be served on all other counsel or pro se parties at least seven days before final pre-trial, unless the Court directs otherwise.

All pre-trial statements shall not be filed with the clerk but shall be directly submitted to the Court with copies served upon all other counsel or pro se parties not less than seven (7) days prior to final pre-trial unless the Court otherwise directs.

CRITICAL

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

20.11 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 seven (7) 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

Counsel must supply enough copies of documents to be served on parties, counsel of record, and other appropriate recipients.

20.10 In all cases, counsel shall supply sufficient copies of all documents to be served on parties, counsel of record and any other appropriate parties as may be necessary and required.

CRITICAL

The post-decree motion, including its hearing date, is to be served on the parties.

Upon the filing of any post decree motion, counsel shall obtain a hearing date and include the hearing date in the motion to be served on the parties.

CRITICAL

Applies to

Garnishment

Service

Mail

Unless personal service outside Mercer County is requested, garnishments outside the county are sent by regular mail with a certificate of mailing.

Otherwise, all garnishments outside of Mercer County will be sent regular mail with certificate of mailing.

CRITICAL

The exhibit filing must be served according to the rules governing service of pleadings in the court.

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

CRITICAL

For matters submitted on memoranda, each memorandum must be filed with the Clerk of Courts, and counsel must mail or deliver a copy to opposing counsel.

20.15 In all matters submitted on memoranda, each memorandum shall be filed with the clerk of Courts and a copy mailed or delivered by counsel to opposing counsel.

CRITICAL

For withdrawal based on good cause, counsel must serve the application and a copy of the rule on the represented party.

written application showing good cause with service of said application and a copy of this rule upon the represented party

CRITICAL

A copy of an issued Temporary Protection Order or No Contact Order must be provided to the defendant and all parties.

Provide a copy to the defendant and all parties.

WARNING

Service

Mail to all parties

The bailiff must mail the sale notice to the parties and attorneys of record, but failure to mail it does not invalidate the sale.

A copy of the notice of the sale of personal property shall be mailed by the bailiff to parties and to attorneys of record in the case; however, failure to mail such notice shall not invalidate the sale.

WARNING

An attorney who will attend mediation must notify the opposing party so that party may have an attorney attend if desired.

If any Attorney is going to attend mediation, they must let the opposing party know so they can have their Attorney attend as well, if desired.

WARNING

No notice of the subsequent arraignment hearing will be mailed to the defendant.

but no notice will be mailed to him.

INFO

Service

Mail

Service of an order in aid of execution may be made by regular United States mail.

Service thereof may be made by regular United States mail.