Crawford County Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Service

Court service to all parties

File enough copies for any pleading, motion, or document that the Clerk, Bailiff, or Sheriff will serve.

Sufficient copies of every pleading, motion, or document to be served by the Clerk, Bailiff, or Sheriff, shall be filed with the Clerk.

CRITICAL

Applies to

Judgment entry

At the end of the hearing on the first cause of action, the Judge or Magistrate must file a judgment entry and have a copy served on all parties.

At the conclusion of the hearing on the first cause of action, the Judge or Magistrate shall file a judgment entry and cause a copy to be served upon all parties.

CRITICAL

Applies to

Judgment entry

For the hearing on a second cause of action for money damages, the Judge or Magistrate must file a judgment entry and have a copy served on all parties.

The Judge or Magistrate shall file a judgment entry and cause a copy of the same to be served upon all parties.

CRITICAL

The original filing must note that a copy was mailed or delivered to the adverse party.

The fact of such mailing or delivery to the adverse party shall be noted on the original.

CRITICAL

Motions, except those normally made at trial, must be served on opposing counsel.

All motions, except those normally made at trial, shall be made in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Criminal Procedure.

CRITICAL

If service of summons fails, the complainant or counsel must make additional service efforts within six months after the cause of action is filed.

In the event there is a failure of service of summons, the complainant or his/her attorney shall make additional effort within six (6) months from the date the cause of action was filed.

CRITICAL

Applies to

Court decision

Service

Court service to all parties

The Clerk must serve copies of the Court’s decision on the parties or their attorneys.

Copies of the Court’s decision shall be served upon the parties or their attorneys by the Clerk.

CRITICAL

Service

Mail to opposing party

The clerk must serve the tenant with the landlord’s complaint by regular mail.

The Clerk shall serve the tenant by regular mail.

CRITICAL

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.

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.

CRITICAL

The motion and hearing notice must be served on the opposing party under Rule 4(C) at least seven days before the hearing, and the moving party must show proper service.

Service of the motion and notice of hearing shall be made on the opposing party in accordance with Rule 4(C) and not less than seven (7) days before the scheduled hearing. The moving party shall be responsible to show that the other parties have been properly served as required by this rule.

CRITICAL

Applies to

Substitution motion and notice of hearing

A substitution motion and notice of hearing must be served on parties under Civil Rule 5 and on nonparties under Civil Rules 4 through 4.6.

The motion for substitution may be made by any party or by the successor of any party and, together with a notice of hearing, shall be served on the parties as provided in Civil Rule 5, and upon persons not parties in the manner provided in Civil Rule 4 through Civil Rule 4.6 for the service of summons.

CRITICAL

Service

Mail

The rent-escrow notice must be sent to the person or place where rent is normally paid and mailed with a certificate of mailing.

The notice must be sent to the person or place where rent is normally paid and shall be mailed with a certificate of mailing.

CRITICAL

Service

Mail to all parties

The filer of a post-complaint pleading, written motion, or brief must mail or deliver a copy to each party or that party’s attorney.

It shall be the duty of the party or attorney filing a pleading, written motion, or brief subsequent to the complaint to mail or deliver a copy thereof to each party to the case, or the attorney for such party.

CRITICAL

Deadline

3 business days

Notice of a jury demand must be given to all parties no later than three business days before trial.

Jury demands in forcible entry and detainer actions shall be filed and notice given to all parties not later than three business days before the scheduled trial date.

CRITICAL

The prosecution must provide complete discovery within 15 days of demand or before the pretrial, whichever is earlier.

The Prosecuting Attorney or Law Director shall provide to Defendant or his/her attorney complete discovery within fifteen (15) days of the demand or before the pretrial, whichever is earlier.

CRITICAL

Continuance requests must be served on opposing counsel or the opposing party.

All requests shall be served on the opposing counsel or the opposing party.

CRITICAL

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

If an electronically produced ticket is issued at the scene of an alleged offence, the issuing officer shall provide the Defendant with a paper copy of the ticket in compliance with Traffic Rule 3 (E).

CRITICAL

Service

Mail to opposing party

The clerk must serve the rent escrow application on the landlord by certified mail with return receipt requested, and may have the tenant request regular-mail service if certified-mail service fails.

The Clerk of Court shall serve the application on the landlord by certified mail, return receipt requested. The Clerk may also have the tenant sign a request for regular mail service in event that service by certified mail service fails.

CRITICAL

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

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

CRITICAL

When no law or other rule fixes the filing, serve the pleading or amended pleading by the fourteenth day after the specified entry, unless the entry sets another date.

In all cases where the filing of a pleading or amended pleading is not fixed by law or another rule, the pleading or amended pleading shall be served on or before the fourteenth (14) day after the date of the entry requiring or granting leave for the filing of such pleading or amended pleading, or overruling or sustaining a motion, unless otherwise specified in the entry.

CRITICAL

Applies to

Summons

In a new case, counsel must obtain service of summons within 6 months; good cause may avert dismissal after the Clerk gives 30 days’ notice.

In all new cases, if counsel fails to obtain serve of summons within six (6) months, the Clerk shall notify counsel that the case will be dismissed in thirty (30) days unless good cause is shown to the contrary.

CRITICAL

Applies to

Garnishment papers

Garnishment papers must be accompanied by proof that the required demand was served.

They will be accompanied by the proof of service of the demand required by Section 2715.02, Ohio Revised Code.

CRITICAL

The defense must provide reciprocal discovery within 10 days after receiving discovery from the Prosecutor.

The defense shall provide reciprocal discovery within ten (10) days of the receipt of discovery form the Prosecutor.

CRITICAL

Applies to

Settlement offer

The written settlement offer must be provided to the Defendant or the Defendant's attorney at least two days before the scheduled pretrial or, if none is scheduled, before trial.

The Prosecuting Attorney or Law Director shall provide to Defendant or his/her attorney a written offer of settlement at least two (2) days prior to the scheduled pretrial or trial, if no pretrial has been scheduled.

WARNING

A creditor or debtor/applicant may apply to add an omitted creditor to the trusteeship, provided notice is given to the other party.

If a debtor/applicant fails, through mistake or otherwise, to list a creditor, that creditor or debtor/applicant may apply to this Court, with notice to the other party, to list the omitted creditor in the trusteeship.

WARNING

The assignment commissioner must notify all counsel of record of a pretrial conference by mail and/or telephone at least 14 days beforehand.

Notice of Pretrial conference shall be given to all counsel of record by mail and/or telephone from the assignment commissioner not less than fourteen (14) days prior to the conference.

WARNING

The Court must notify each listed creditor of the debtor/applicant’s intent to satisfy the debt through the trusteeship program.

After debtor/applicant has completed all the above, the Court shall provide notice to each creditor listed on the Statement of Creditors of the debtor/applicant’s intent to satisfy the debt through the trusteeship program pursuant to ORC §2329.70.

WARNING

The Defendant or the Defendant's attorney must ensure defense witnesses are properly subpoenaed and properly served.

It is the responsibility of Defendant or his/her attorney to see that defense witnesses are properly subpoenaed, and that once subpoenas are issued, that proper service has been obtained.

WARNING

If a listed claim substantially differs from the creditor’s verified amount, the Clerk must notify the debtor/applicant, set a hearing, and provide hearing notice to each party.

If a claim listed by debtor/applicant varies substantially in amount from that verified by the creditor, the Clerk shall notify debtor/applicant of the discrepancy and this matter shall be set for a hearing on said discrepancy. Notice of hearing shall be given to each party and hearing held and judgment rendered as in all other civil proceedings.

WARNING

The Court may dismiss for failure to prosecute if the complainant or counsel does not make the additional service effort required by the rule.

If the complainant or his/her counsel fail to comply with this rule, the Court may proceed to dismiss the case for failure to prosecute pursuant to Ohio Civil Rule 41.

WARNING

Counsel must ensure prosecution-witness subpoenas are properly requested, and the Law Director or assistant must determine whether service was obtained in time for trial or hearing.

It is the responsibility of the counsel for the parties to see that subpoenas for prosecution witnesses are properly requested. Once subpoenas are issued, the Law Director or his/her assistant shall determine whether service has been obtained for the purpose of assuring service before trial or hearing date.

WARNING

The Court will notify the Law Director or assistant, defense attorney, and Defendant of hearing dates; notice is sufficient if sent to the last known address in the case file.

The Court will notify the Law Director or his/her assistant, the attorney for the Defendant, and the Defendant as to the dates of any hearings. Notices shall be deemed sufficient if sent to the last known address listed on the papers making up the file on the case.

WARNING

A pleading, motion, or brief may be stricken for failure to comply with the service rule.

Failure to comply with this rule shall be sufficient cause to strike the pleading, motion, or brief from the files.

INFO

Depositing a pleading copy with the Clerk satisfies the service-copy requirement when the copy is to accompany a summons.

If a copy of a pleading is to accompany a summons to be served in the case, it shall be sufficient compliance with this rule to deposit such copy with the Clerk.