Eaton Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Service

Mail

If service by ordinary mail fails, the Clerk must notify the plaintiff that the case will be dismissed within 60 days unless the plaintiff provides a new address.

Upon failure of service on the defendant by ordinary mail the Clerk shall notify the plaintiff that the case will be dismissed within (60) days unless the plaintiff provides the Clerk a new address for the defendant.

CRITICAL

Applies to

Continuance motion

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

All requests shall be served on opposing counsel or party.

CRITICAL

Applies to

Motion

Except for motions normally made at trial, motions must be served on opposing counsel.

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

CRITICAL

Service

Mail

If the defendant refuses service by certified mail, the Clerk must resend the summons by ordinary mail.

If service of process on defendant by certified mail is refused the Clerk shall resend the summons by ordinary mail.

CRITICAL

Applies to

Exhibit and cover sheet

The exhibit and its cover sheet must be served in accordance with the rules governing service of pleadings in the court.

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

CRITICAL

Before the pretrial conference, counsel must exchange expected expert-witness reports and, when applicable, medical reports and hospital records.

Prior to the date of the pretrial conference, counsel shall exchange reports of expert witnesses expected to be called by each party and shall exchange medical reports and hospital records if such are involved.

CRITICAL

When an electronic ticket is issued at the scene of an alleged offense, the issuing officer must provide the defendant with a paper copy.

If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.

CRITICAL

Applies to

Summary judgment opposition

The adverse party must serve opposing affidavits and a memorandum before the scheduled non-oral hearing date.

The adverse party shall file and serve opposing affidavits and memorandum prior to the day set for non-oral hearing.

WARNING

The Court authorizes law enforcement agencies in Preble County to serve covered arrest warrants by teletype.

Pursuant to Section 2935.24, Ohio Revised Code, this Court hereby honors arrest warrants issued by this Court, and any other Court competent jurisdiction of this state, and grants authority to serve such arrest warrants by teletype of all law enforcement agencies in Preble County, Ohio, and hereby directs that any such arrest warrants issued by the clerk of the Eaton Municipal Court pursuant to Chapter 2935 of the Ohio Revised Code, based upon probable cause that a crime has been committed and the defendant committed such crime shall carry with it the authority of the Court to be served by teletype.