Defiance Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Applies to

Subpoena

Subpoenas must be served as provided in Ohio Civil Rule 45(B).

Subpoenas shall be served as provided in Rule 45(B) of the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Summons

The summons must be served at least 5 days before the trial date.

The service of summons shall be at least five (5) days before the trial date.

CRITICAL

The Clerk will not accept these filings unless sufficient copies for service on the other parties are provided.

No written complaint, motion, brief, memorandum of law or proposed journal entry shall be accepted by the Clerk for filing unless the same is filed with sufficient copies for service upon any other parties.

CRITICAL

The assignment commissioner must give parties or counsel notice of a pretrial conference by mail and/or telephone at least 14 days beforehand.

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

CRITICAL

Service

Mail

The Sheriff must mail jurors notice of their report date and time approximately one week to ten days before trial.

Instead, the Sheriff shall notify each juror of the specific date and time he or she shall be required to report to the Court for such service, by post card mailed, through regular mail, approximately one week to ten days in advance of the specific trial to which he or she has been summoned for service.

CRITICAL

Service

Personal service to opposing party

The bailiff must serve the landlord by personal or residence service under Ohio Civil Rule 4.1(2) or (3).

The bailiff shall serve the landlord by personal or residence service in accordance with Rule 4.1 (2) or (3), Ohio Rules of Civil Procedure.

CRITICAL

Service must comply with the applicable Rules of Criminal Procedure and Traffic Rules.

(B) Service shall be made in accordance with the applicable Rules of Criminal Procedure and Traffic Rules.

CRITICAL

Applies to

Motion to revive judgment

A motion to revive judgment must be served on the other party.

Motions to revive judgment must be filed in writing and served upon the other party.

CRITICAL

Applies to

Trial brief

Copies of the plaintiff's trial brief must be certified to opposing counsel or unrepresented opposing parties.

Copies of the triai brief shail be certified to all opposing counsel or parties unrepresented by counsel.

CRITICAL

Applies to

Counterclaim

To initiate a consolidated trial in a qualifying FED case, the defendant must serve the counterclaim on the plaintiff and file it with the Clerk before trial.

To initiate this procedure, defendant must first serve a counter-claim upon plaintiff and file same with the Clerk of Court before the trial date

CRITICAL

Subpoenas must be served as provided by Rule 17(D) of the Ohio Rules of Criminal Procedure.

Subpoenas shall be served as provided in Rule 17 (D) of the Ohio Rules of Criminal Procedure.

CRITICAL

Notices and communications for the Court and documents requiring service must be sent to the designated trial attorney.

All notices and communications for the Court and all documents required to be served will be sent to such designated trial attorney.

CRITICAL

Applies to

Reply brief

Copies of reply briefs must be certified to opposing counsel or unrepresented parties.

Reply briefs shall be filed with the Clerk of Court at least ten (10) days before the date of trial with copies certified to all opposing counsel or unrepresented parties.

CRITICAL

(1) Issue summons in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the Clerk shall immediately notify counsel. If counsel fails to obtain service of summons within six (6) months from the date the cause of action was filed, then the Clerk shall notify counsel that the case will be dismissed, without prejudice, in ten (10) days unless good cause is shown to the contrary.

(1) Issue summons in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the Clerk shall immediately notify counsel. If counsel fails to obtain service of summons within six (6) months from the date the cause of action was filed, then the Clerk shall notify counsel that the case will be dismissed, without prejudice, in ten (10) days unless good cause is shown to the contrary.

CRITICAL

Applies to

Subpoena

Subpoenas to law enforcement members must be delivered by the Clerk's office to the agency's command officer, who must make service and return.

Service of subpoenas to members of law enforcement agencies shall be by delivery from the Clerk's office to the command officer of the law enforcement agency. The command officer shall make service and return in an appropriate manner.

WARNING

Service

Mail

Delivered by ordinary mail.

Delivered by ordinary mail.

WARNING

Applies to

Summons

The return of summons must be made as soon as practicable after the complaint is filed.

Return of summons shall be made as soon as practicable after filing of the complaint.