Franklin Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Deadline

48 hours

A regular juror must be served at least 48 hours before the time to appear in court.

Every person summoned as a regular juror shall be served at least forty-eight (48) hours before the time he or she is to appear in court to answer summons.

CRITICAL

Applies to

Summons

Counsel must obtain service within six months after filing the action; otherwise, the clerk will give notice of dismissal in ten days unless good cause is shown.

In the event there is a failure of service, the clerk shall notify counsel immediately. If counsel fails to obtain service of summons within six (6) months from the date the cause of action has been filed, then the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

CRITICAL

Applies to

Summons

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

Service

Mail to all parties

Notice of a pretrial conference must be mailed to all counsel of record at least fourteen days before the conference.

Notice of pretrial conference shall be given to all counsel of record by mail not less than fourteen (14) days prior to the conference.

CRITICAL

Applies to

Summons

A summons to appear must be served at least three days before the appearance and returned as soon as possible, no later than two days before it.

All such summons to appear shall be served at least three days before the time of appearance and shall be returned as soon as possible, but never later than two days before the defendant is commanded to appear.

CRITICAL

The claimant shall properly notify the bailiff and give at least three days notice to the attorney for plaintiff, or to the plaintiff, of the time fixed for the trial of the right to such property. Proof of notice shall be made as required by this court. Exemptions: When a demand is made for exemptions from executions or attachment, the same procedure shall be followed except the affidavit shall be designated "Demand for Exemption" and shall also state the reasons under the statute for state Exemptions.

The claimant shall properly notify the bailiff and give at least three days notice to the attorney for plaintiff, or to the plaintiff, of the time fixed for the trial of the right to such property. Proof of notice shall be made as required by this court. Exemptions: When a demand is made for exemptions from executions or attachment, the same procedure shall be followed except the affidavit shall be designated "Demand for Exemption" and shall also state the reasons under the statute for state Exemptions.

CRITICAL

Applies to

Order of execution

Orders issued in aid of execution must be served and scheduled as appearance cases are.

Orders issued in aid of Execution shall be served and scheduled in the same manner as appearance cases.

CRITICAL

Applies to

Jury duty service

The manner of jury-duty service by mail and the bailiff’s return of that service must conform to the Ohio Rules of Civil Procedure.

The manner of making such service and the return thereof by the bailiff shall conform to the Ohio Rules of Civil Procedure.

CRITICAL

Service

Mail to all parties

Before dismissal, the clerk must notify counsel of record or the parties by ordinary mail at their case-file addresses, and the dismissal date must be at least thirty days after mailing.

Before a cause is dismissed, the Clerk of Courts shall, by ordinary mail, notify all counsel of record or parties at the addresses shown on the papers in the case, of the dismissal date which shall be not sooner than thirty days from the date of the mailing of said notice.

CRITICAL

Applies to

Pretrial hearing notice

Service

Mail to all parties

Notice of a pre-trial hearing in a civil case must be sent by mail to all counsel or, if unrepresented, to the parties.

Notice of the pre-trial hearing in a civil case shall be given to all counsel (or parties, if not represented by counsel) by mail.

CRITICAL

Applies to

Summons

Summons must be served as required by Civil Rule 4, except in the specified proceedings with separate process requirements.

Service of summons shall be as required by Civ R. 4 except for Small Claims (Chapter 1925 O.R.C.) and forcible entry and detainer (Chapter 123. O.R.C.) and such other statutory proceedings for which specific process requirements are established.

CRITICAL

An application to add creditors to a trusteeship must be served on each additional creditor; if a creditor makes the application, similar notice must also be given to the debtor unless that creditor has obtained a court-of-record judgment.

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

WARNING

Service

Mail to all parties

The bailiff must mail notice of a personal-property sale to the parties and attorneys of record, but failure to mail the notice does not invalidate the sale.

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

WARNING

Applies to

Writs or process for jury duty

Service

Mail

Writs or process served on a person summoned for jury duty may be served by mail, registered or otherwise.

D. Service by mail: the service of writs or processing service on person summoned for jury duty may be made by mail, registered or otherwise.