Hardin County Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Orders in aid of execution must be served and scheduled under applicable law and the Civil Rules.

Orders in aid of execution shall be served and scheduled pursuant to law and the Civil Rules.

CRITICAL

Applies to

Exhibit cover sheet

The exhibit cover sheet must be served in accordance with the Court’s rules governing the signing and service of pleadings.

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., Attachment I, 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 (See appendix for sample exhibit sheet).

CRITICAL

The plaintiff pretrial statement must also be provided to opposing counsel at least one week before the scheduled pretrial date.

THIS STATEMENT MUST BE FILED WITH THE COURT AND WITH OPPOSING COUNSEL AT LEAST ONE WEEK PRIOR TO THE SCHEDULED PRETRIAL DATE

CRITICAL

Counsel must obtain service of summons within two months after filing; otherwise, the case will be dismissed within ten days after notice unless good cause is shown.

If counsel fails to obtain service of summons within two (2) months from the date of the filing of the action, the Clerk shall notify counsel that the case will be dismissed within ten (10) days unless good cause is shown to the contrary.

CRITICAL

When an electronically produced ticket is issued at the scene, 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, in compliance with Traffic Rule 3 (F)(1) and (2).

CRITICAL

Applies to

Defendant pretrial statement

The defendant pretrial statement must be provided to opposing counsel at least one week before the scheduled pretrial date.

THIS STATEMENT MUST BE FILED WITH THE COURT AND WITH OPPOSING COUNSEL AT LEAST ONE WEEK PRIOR TO THE SCHEDULED PRETRIAL DATE

CRITICAL

The Pretrial Report must be provided to opposing counsel at least one week before the scheduled pretrial date.

All attorneys attending a pretrial must complete the appropriate Pretrial Report and file it with the Court and opposing counsel at least one week prior to the scheduled pretrial date (See Attachments B and C.)

CRITICAL

The assignment commissioner must notify counsel or the parties of the pretrial type by mail or telephone at least fourteen days before the conference.

Notice of pretrial conference designating the type of pretrial shall be provided to all counsel of record or parties by mail or by telephone from the assignment commissioner not less than fourteen (14) days prior to said conference.

CRITICAL

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 all parties

The creditor or their attorney must mail a copy of the personal-property sale notice to all parties and attorneys of record.

A copy of the notice of the sale of personal property shall be mailed by the creditor or their attorney to all parties and to attorneys of record in the case.

CRITICAL

Additional creditors may be added upon application and service of notice to each; when a creditor makes the application, similar notice must be given to the debtor unless that creditor has obtained a judgment in a Court of record.

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

CRITICAL

A Writ of Restitution must be served within 20 days of its file-stamp date; if it remains unserved, the law enforcement agency returns it to the Court.

A Writ of Restitution for Forcible Entry and Detention must be served within 20 days from the file stamp date. If the Writ of Restitution has not been served, the law enforcement agency will return the writ to the Court.

CRITICAL

Without the party’s approval, the withdrawal matter must be set for hearing and all parties and counsel must be notified.

If approval has not been obtained, the matter shall be set for hearing, of which all parties and counsel shall be notified.

WARNING

Applies to

Small claims petition

When the complaint is filed, the case is set for trial and notice is sent to the defendant with the petition.

Upon the filing of the complaint, the case will be set for trial and notice thereof included with the copy of the petition sent to Defendant.

WARNING

Applies to

Jury summons

Service

Mail

Prospective jurors must be notified of jury service by summons sent by regular mail.

All prospective jurors shall be notified by regular mail of their requirement of jury service by the issuance of a summons directing them to appear on the date assigned (See Attachment D).

WARNING

All creditors listed in the trusteeship will be notified as required by law.

All creditors listed will be notified as required by law

INFO

The document presents this as a suggested local policy: an officer serves the writ on the named person, or posts it on the door if that person cannot be located at the premises.

Once a time has been arranged, an officer shall meet the writ holder at the premises and shall serve the writ upon the person(s) named therein. If the person(s) named in the writ cannot be located at the premises, the writ shall be served by posting a copy of same to the door of the premises.