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

CRITICAL

Service

Mail

Garnishment forms must first be sent to the employer by certified mail with electronic return receipt requested, followed by ordinary mail if requested.

Service of the Garnishment forms shall first be attempted by certified mail, electronic return receipt requested, upon the Employer and followed by ordinary mail, if requested.

CRITICAL

Applies to

Counterclaim or cross claim

Counterclaims and cross-claims must be filed with the Small Claims Division and served on all other parties at least seven days before trial.

Any party wanting to file a Counterclaim or Cross-Claim shall file it with the Small Claims Division and serve it on all other parties at least seven (7) days prior to the date of the trial.

CRITICAL

Service

Mail

The forms must be served on the financial institution and judgment debtor by certified mail with electronic return receipt requested.

Service of forms shall be accomplished by certified mail, electronic return receipt requested, upon any financial institution and by certified mail, electronic return receipt requested, to the Judgment Debtor.

CRITICAL

Notice must be served on each additional creditor before that creditor is listed in the trusteeship.

Additional creditors may be listed in the trusteeship only upon application and the service of a notice to each additional creditor as heretofore provided.

CRITICAL

The Clerk must send trial details to attorneys of record or self-represented parties by mail or, when available, email at least ten days before trial, except as provided for Forcible Entry and Detainer cases in Darke R. 30.00.

When a civil case is assigned for trial, the Clerk shall mail or e-mail (when available) a notice containing the date, time and place of trial to attorneys of record, or the parties if self-represented, and shall file a copy of such notice with the original papers. The notice shall be mailed or e-mailed (when available) at least ten (10) days before the date of trial, except in Forcible Entry and Detainer cases in Darke R. 30.00.

CRITICAL

Applies to

Evidence

Evidence must be served on all parties under Ohio Civil Rule 5 no later than three days before the scheduled court date.

EVIDENCE: You must serve evidence on all parties according to Rule 5 of the Ohio Civil Rules of Procedure no later than three (3) days prior to your scheduled Court date.

CRITICAL

Service

Personal service

Personal service must be carried out by a Special Process Server or Sheriff.

Personal service shall be accomplished by Special Process Server or Sheriff.

CRITICAL

Deadline

24 hours

Service

Mail to opposing party

The debtor’s attorney must mail the notices to the listed creditors within 24 hours, and the Clerk must note the mailing on the docket.

The attorney for the debtor shall deposit such notices in the mail within twenty-four (24) hours and the Clerk shall indicate on the docket that notice was mailed to listed creditors. It shall be the responsibility of the Attorney to mail notices to the creditor.

CRITICAL

When a creditor applies to add a creditor to the trusteeship, similar notice must be given to the debtor unless the creditor has obtained a judgment in a court of record.

If such application is made by a creditor, a similar notice must be given to the debtor, unless the creditor has obtained a judgment in a court of record.

CRITICAL

Applies to

Documents required to be served

Documents offered for filing that must be served on other parties must include proof of service in the Civ.R. 5(D) form, except for the Complaint.

PROOF OF SERVICE: All documents (except the Complaint) offered for filing and required to be served on other parties shall contain proof of service in the form provided by Civ.R. 5(D).

CRITICAL

Service

Mail

Unless the Court directs otherwise, jury-duty summonses must be served by ordinary first-class mail at least ten days before trial.

Unless otherwise directed by the Court, all service upon persons summoned for jury duty shall be by ordinary first-class mail and mailed out at least ten (10) days before the trial date.

CRITICAL

Service

Mail to all parties

A copy of the personal-property sale notice must be mailed to the parties and attorneys of record, but failure to mail it does not invalidate the sale.

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

CRITICAL

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

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

CRITICAL

The Plaintiff’s attorney must receive at least three days’ notice of the hearing, and proof of service must be made as required by the Civil Rules.

At least three (3) day notice shall be given to the attorney for Plaintiff of the time fixed for the hearing on the claimant’s right to such property. Proof of service of notice shall be made as required by the Civil Rules.

CRITICAL

The clerk must give notice of the pretrial conference by mail, email when available, or telephone at least 14 days before the conference.

Notice of the pretrial conference shall be given by mail, e-mail (when available), or telephone by the clerk not less the fourteen (14) days prior to the conference.

WARNING

Service

Court service

Documents required to be served will be sent to the designated trial attorney.

all documents required to be served will be sent to such designated trial attorney.