Dayton Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Applies to

Summons

Summons in forcible entry and detainer actions must be served in accordance with R.C. 1923.06 and the Ohio Civil Rules.

Service of summons in forcible entry and detainer (eviction) actions shall be in accordance with R.C. 1923.06 and the Ohio Civil Rules.

CRITICAL

Plaintiff or counsel must obtain service within 180 days of filing or risk dismissal 10 days after notice unless good cause is shown.

If plaintiff/counsel fails to obtain service within one hundred and eighty (180) days from the date the cause of action was filed, then the Clerk shall send plaintiff/counsel a Notification of Dismissal advising that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

CRITICAL

Service

Personal service

For personal service, the special process server must locate the person and tender them a copy of the process and accompanying documents.

The special process server shall effect personal service by locating the person to be served and tendering a copy of the process and accompanying documents to the person to be served.

CRITICAL

Applies to

Traffic ticket

When a ticket is issued at the scene, the issuing officer must serve the defendant with the defendant's paper copy as required by Traf.R. 3(E).

If a ticket is issued at the scene of an alleged offense, this Rule requires that the issuing officer serve the defendant with the defendant’s paper copy of the ticket as required by Traf.R. 3(E).

CRITICAL

Applies to

Affidavits or written reports

A party proposing to offer affidavits or written reports at an arbitration hearing must furnish copies to all other parties at least 60 days before the hearing.

Where a party proposes to offer affidavits or written reports at an arbitration hearing, the party shall furnish copies of such affidavits or reports to all other parties not less than sixty (60) days in advance of the hearing.

CRITICAL

Applies to

Notice of eviction

The manufactured-homes notice must be served on the tenant-owner.

The Dayton Municipal Court Notice of Eviction for Manufactured Homes form must be used and served on the Tenant (Owner).

CRITICAL

Service

Mail

If personal service is not possible, subpoenas must be served by ordinary mail.

If personal service is not possible, the subpoenas shall be served by ordinary mail.

CRITICAL

On the day the report and award is filed, the arbitrator must mail or otherwise forward copies to all parties or their counsel.

and, on the same day, shall mail or otherwise forward copies thereof to all parties or their counsel.

CRITICAL

Small claims summonses must be served under the Ohio Rules of Civil Procedure, and the Clerk must immediately notify the plaintiff if service fails.

Summons shall be served in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the Clerk of Court shall notify the plaintiff immediately.

CRITICAL

Applies to

Counterclaim

A tenant’s related counterclaims must be served on the plaintiff or the plaintiff’s attorney.

Any related counterclaims raised by the defendant (tenant) shall be served upon the plaintiff/owner or their attorney and shall be consolidated for hearing (trial) with the Second Cause for Money Damages.

CRITICAL

Service

Court service to all parties

The Clerk of Court must serve a copy of the motion to unseal on the parties to the case.

A copy of the Motion to Unseal Court Record shall be served on the parties to the case by the Clerk of Court.

CRITICAL

The notice of alibi must be served on the prosecuting attorney.

A written Notice of Alibi shall be filed with the Court not less than fourteen (14) Days before the bench or jury trial of the misdemeanor case and shall be served upon the prosecuting attorney.

CRITICAL

A tenant must serve any counterclaims on the plaintiff or the plaintiff’s attorney.

The tenant shall serve any counterclaims upon the plaintiff/owner or their attorney.

CRITICAL

Applies to

Complaint

Plaintiffs must tender sufficient service copies for all defendants with the original complaint.

Plaintiffs shall tender with the original complaint a sufficient number of service copies for all defendants to be served.

CRITICAL

Parties who amend their pleadings must serve the other parties under the Ohio Rules of Civil Procedure.

The parties making such pleading amendments shall serve other parties pursuant to the Ohio Rules of Civil Procedure.

CRITICAL

Service

Mail to all parties

The Clerk must serve the ruling entry by ordinary mail on the requester and all parties to the case.

The Clerk shall serve the Entry upon the party or government official requesting the record be unsealed and upon all parties to the case by ordinary mail.

CRITICAL

Applies to

Motion

All motions must be served on all counsel or, for unrepresented parties, on the parties on the day of filing, in accordance with the Rules of Procedure.

All motions shall be served upon all counsel or the parties, if not represented by counsel, on the day of filing, pursuant to the Rules of Procedure.

CRITICAL

For residence service, the special process server must leave the process and complaint or other document at the person's usual residence with a resident of suitable age and discretion.

The special process server shall effect residence service by leaving a copy of the process and the complaint, or other document to be served, at the usual place of residence of the person to be served with some person of suitable age and discretion residing therein.

CRITICAL

The filer must serve all required parties in accordance with Civ.R. 5 when filing a pleading by fax.

Faxed pleadings must include a certificate of service showing that all required parties were served by the filer in accordance with Civ.R. 5.

CRITICAL

The Notice to the Tenant Owner must be served by posting and ordinary mail to the tenant owner’s last known address.

Service of the Notice to the Tenant Owner shall be by posting and by ordinary mail sent to the last known address.

CRITICAL

Service

Personal service

Subpoenas for Dayton police officers are routed to the Police Court Detail Supervisor for service, and officers must promptly appear to accept service after notice.

When the Clerk issues a subpoena for the attendance of a Dayton police officer, a deputy clerk shall deliver the subpoena for service to the Supervisor of the Police Court Detail. The Supervisor, as an ex officio bailiff of this court, is designated as the person to make service of subpoenas on Dayton police officers. The Department of Police shall make appropriate arrangements for notifying a subpoenaed officer. Each Dayton police officer, as an ex officio bailiff of this court, is ordered to promptly present himself to the Supervisor of the Court Detail to accept service of any subpoena issued for his attendance, upon receipt of notice of its issuance. The Supervisor or his designee shall serve subpoenas and make due return to the Clerk.

CRITICAL

An exhibit filed separately this way must be served in conformance with 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, title 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” to Plaintiff Smith’s Response to Defendant’s 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

All documents, except the complaint offered for filing and required to be served to other parties, shall contain proof of service in the form provided by Civil Rule 5.

All documents, except the complaint offered for filing and required to be served to other parties, shall contain proof of service in the form provided by Civil Rule 5.

CRITICAL

Applies to

Notice and order to discharge garnishee

The Notice and Order to Discharge the Garnishee must be served on the garnishee and judgment debtor under R.C. 2716.041.

The Notice and Order shall be served upon the garnishee and the judgment debtor, pursuant to R.C. 2716.041.

CRITICAL

Service

Mail

Electronically filed court-initiated documents must be served by ordinary United States Postal Service mail.

Service of electronically filed documents shall be made via ordinary mail with the United States Postal Service.

CRITICAL

Applies to

Process

After serving process, the special process server must endorse the service on the process and return it to the clerk.

When the copy of the process has been served, the special process server shall endorse that fact on the process and return it to the clerk, who shall make the appropriate entry on the docket.

CRITICAL

All counsel of record must receive notice of a pre-trial conference at least 14 days before it.

Notice of the pre-trial conference shall be given to all counsel of record not less than fourteen (14) days prior to the conference.

CRITICAL

Applies to

Summons

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

Service

Mail to opposing party

After the response is filed, the Clerk of Court must serve it on the defendant/tenant by ordinary mail.

The Clerk of Court shall then serve the Response by ordinary mail upon the Defendant/Tenant.

CRITICAL

Applies to

Notice of eviction

The Notice of Eviction must be served on the tenant by posting it at the premises and sending it by ordinary mail.

The Notice of Eviction shall be served upon the defendant (tenant) by posting a copy on the premises and sending a copy by ordinary mail, pursuant to R.C. 1923.06.

CRITICAL

Applies to

Process

If service is not completed within 28 days, the process server must note the failure and reasons on the process and return the process and copies to the clerk.

When the special process server is unable to serve a copy of the process within twenty-eight (28) days, the process server shall endorse that fact and the reasons on the process, and return the process and copies to the clerk, who shall make the appropriate entry on the docket.

CRITICAL

If the plaintiff does not obtain service within 180 days after filing, the Clerk must issue a dismissal notice stating the case will be dismissed in 10 days unless good cause is shown.

If plaintiff fails to obtain service within one hundred and eighty (180) days from the date the cause of action was filed, then the Clerk shall send plaintiff a Notification of Dismissal advising that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

CRITICAL

Service

Personal service

Personally by the Bailiff's Office or by a Standing Special Process Server designated by the Court pursuant to DMCR 3.11.

Personally by the Bailiff's Office or by a Standing Special Process Server designated by the Court pursuant to DMCR 3.11.

CRITICAL

Service

Mail to opposing party

The Clerk serves the listed application and response forms on the plaintiff/landlord or counsel by ordinary mail.

The Notice of Application, the Application and Affidavit to Seal Eviction Record, and the Response to the Application to Seal Eviction Record form (Response) forms will be served on Plaintiff/Landlord or their Counsel by the Clerk through ordinary mail.

CRITICAL

A special process server must be designated by court order to serve civil process personally or at a residence under Civ. R. 4.1.

A special process server is a person who has been designated by court order to make personal or residence service of civil process pursuant to Civ. R. 4.1.

WARNING

Subpoenas must be served under Ohio Civil Rule 45, and the Court may designate a Standing Special Process Server.

Service of subpoenas shall be in accordance with Ohio Civil Rule 45. A Standing Special Process Server may be designated by the Court pursuant to DMCR 3.11.

WARNING

Service

Mail

The Clerk must mail the notice within twenty-four hours and docket that notices were mailed to the listed creditors.

The Clerk shall deposit such notice in the mail within twenty-four hours and indicate on the docket that notices were mailed to the listed creditors.

WARNING

The Magistrate's office will send the parties separate notice of the hearing's time and place.

Separate notice of the time and place of the Magistrate's hearing will be sent to the parties by the Magistrate's office.

WARNING

Additional creditors may be listed in the trusteeship upon application and service of notice to each additional creditor.

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

WARNING

Service on public defender staff is usually personal, but when that is not possible a service copy may be deposited in the Public Defender Service Box, where it is treated as delivered and handled by the Public Defender or an authorized representative.

Personal service is usually made upon staff attorneys of the public defender, but where such service is not possible, pursuant to Crim.R. 57 there shall be maintained in the office of the Criminal Division of the Clerk of Court a "Public Defender Service Box". In addition to other methods of service authorized by Civ.R. 5(B), service may be made upon any public defender by depositing a service copy in the Public Defender Service Box. Such deposit, when made, shall be deemed serviced by delivery, rather than by mail. Once deposited in the Public Defender Service Box, documents therein shall be deemed in the custody of the Public Defender, who shall be responsible for distribution of such items to the appropriate responsible staff attorney. No person except the Public Defender or his/her authorized representative shall remove any documents from the Public Defender Service Box.

INFO

Service

Mail

The court provides the trial date by mail, or gives notice before departure when the form is returned in person.

You will be notified by mail of your trial date. If you return the form in person, you will be given notice of your court date before you leave.