Girard Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Applies to

Summons

Summons for initiating or new-party documents must be served in accordance with the applicable Civil Rules.

Initial complaints, re-filed complaints, third party complaints, and other documents initiating a case or adding a new party in the e-Filing case type are filed using the e-Filing system, however, service of summons must still be completed pursuant to the applicable Civil Rules.

CRITICAL

Service

Electronic service

A self-represented litigant able to use email receives electronic notification and service; the Clerk notes an exception for litigants without access to electronic notification.

If the self-represented litigant does not have access to the means for electronic notification, the Clerk shall note an exception that this person will not receive electronic notices. However, if the self-represented litigant does have access and ability to utilize e-mail, the self-represented litigant shall receive electronic notification and service.

CRITICAL

Applies to

Criminal complaint

At a felony defendant’s initial appearance, the court must establish that the defendant was properly served with the criminal complaint.

At the initial appearance, the court shall establish that the defendant has been properly served with a copy of the criminal complaint.

CRITICAL

The clerk must serve each defendant with the complaint and summons within two days after filing, in accordance with Ohio Civil Rules 4.1–4.6.

Upon filing of a civil case, the clerk shall within a period of two (2) days, serve a true and accurate copy of the complaint and summons to the defendant(s) in accordance with Rules 4.1-4.6 of the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Subsequent filing

Service

Electronic service

After the initial filing, documents must be served to the Registered User’s email address on file unless a judgment entry, rule, or statute directs otherwise.

Unless otherwise instructed by judgment entry, rule or statute, all documents filed after the initial filing shall be served to the Registered User's e-mail address on file with the Clerk.

CRITICAL

Ordinary mail service of written notice, or telephone notice when ordered by the court, is sufficient to require a self-represented litigant to appear.

Ordinary mail service of written notification or telephone notification when ordered by the court is sufficient notification to require a pro se litigant to appear.

CRITICAL

Service

Mail to opposing party

When mailing notice of a ticket, the plaintiff must provide the defendant with the Court-prescribed form explaining the defendant’s rights.

The Plaintiff shall provide each Defendant with a form, prescribed by the Court and which sets forth the rights of the Defendant, at the time notice of the ticket is mailed to the Defendant by the Plaintiff as required in the ORC.

CRITICAL

Service

Mail

Participants or litigants who are not Registered Users receive paper copies and service by U.S. Mail.

Those participants or litigants who are not Registered Users will continue to receive paper format copies and service via the U.S. Mail.

CRITICAL

Service

Electronic service

Registered Users consent to electronic service of pleadings, motions, documents, and judgment entries at their registered email address.

Registered Users consent to electronic service of pleadings, motions, documents and judgment entries via the electronic service address identified as the Registered User's e-mail address.

CRITICAL

Applies to

Summons and pleading

Service

Court service

The Clerk issues summons and serves the pleading under the applicable rules and instructions only after the initiating document is accepted for e-Filing.

The Clerk shall issue a summons and shall serve the pleading in accordance with the applicable rules and instructions only after the initiating document is accepted for e-Filing.

CRITICAL

If the party against whom default judgment is sought has appeared, written notice of the hearing, including its date and time, must be served on that party.

If a party against whom judgment by default is sought has appeared in the action, written notice of the hearing on the motion along with the date and time fixed by the assignment clerk with the concurrence of the trial judge shall be served upon that party.

CRITICAL

Service

Mail

The bailiff must serve each named juror by regular mail at least six days before the term begins and certify service on the venire.

The bailiff shall notify each juror named in the venues to attend the term by serving upon him, at least six days before the commencement thereof, a notice addressed to him, stating that he has been drawn as a juror for and is required to attend the term specified in the notice. The bailiff shall serve said notice by regular mail and certify such fact on the venues.

CRITICAL

Applies to

Small claim complaint

Each party is to be served with the small-claim complaint and a summons stating the hearing date and time.

Each party will then be served a copy of the complaint together with a summons setting the date and time the small claim will be heard.

CRITICAL

Service

Publication

Publication in the Legal News or on the court website constitutes complete notice to counsel of case assignments, and counsel must appear with the client at the published date and time even if no oral or mail notice is provided.

Publication in the Trumbull County Legal News or on the Girard Municipal Court’s internet cite found at girardmunicipalcourt.com shall be deemed official and complete notification to all counsel of record of any assignment of any case for any purpose whatsoever. Whether or not oral or mail notification is provided to counsel of record for a particular date and time to appear, said counsel shall appear with his/her client at the specified date and time where notice was published as set forth herein above.

WARNING

The Commissioners of Jurors must serve written notice of a juror drawing on the judge, clerk, and Trumbull County Sheriff or their representatives at least six days before the drawing.

2. Written Notice: At least six days before the drawing of jurors, the Commissioners of Jurors shall serve written notice of the drawing upon the judge, clerk and Trumbull County Sheriff, or their designated representatives.

WARNING

If service has not been perfected, the clerk must notify the plaintiff or counsel and request an alias summons to the proper address or personal service by the bailiff.

In the event service has not been perfected on some or all of the defendants, the clerk shall notify plaintiff or plaintiff’s counsel and request that an alias summons be issued to the defendant(s) proper address or request personal service by the bailiff at a location the defendant(s) may be found.

WARNING

Service

Publication

The Commissioners of Jurors must publish notice of a juror drawing in the Trumbull County Legal News at least six days before the drawing.

1. Public Notice: At least six days before the drawing of jurors, the Commissioners of Jurors shall publish notice of the drawing in the Trumbull County Legal News

WARNING

Service

Publication

If personal service fails, the plaintiff or counsel may serve by publication and must file an affidavit of publication and a copy of the final publication notice with the clerk.

In the event that personal service fails, the plaintiff or plaintiff’s counsel may issue notice by publication and file with the clerk, an affidavit showing publication was made, and a copy of the notice of the final publication.