Lima Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Electronically filed documents must be served in accordance with Ohio Criminal Rule 49.

i. Documents filed electronically with the Clerk of Court shall be served in accordance with Ohio Criminal Rule 49.

CRITICAL

A withdrawal motion must include proof of service to the client, and permission to withdraw is granted by journal entry for good cause shown.

Permission shall only be granted by journal entry for good cause shown on the motion of the moving attorney with proof of service to the client.

CRITICAL

The prosecuting attorney must notify the alleged victim of all public proceedings involving the alleged offense and is the court’s designee for required victim notifications.

Pursuant to Crim.R. 37 and as may be required by Article I, Section 10a of the Ohio Constitution and the Revised Code, the prosecuting attorney shall provide notice to the alleged victim of all public proceedings involving the alleged criminal or traffic offense against the victim. The prosecuting attorney shall be the court’s designee for victim notifications required by R.C. 2930.06 and R.C. 2930.161, as amended.

CRITICAL

A civil jury demand must be filed with the court and served on the parties as provided in Civil Rule 38.

Civil jury demands shall be filed with the court and served upon the parties as provided in Civil Rule 38.

CRITICAL

Service

Electronic service

After appearing, a party must provide an email address, and subsequent service must be electronic where possible.

ii. Once a party has entered an appearance in the case, the party shall furnish their email address, and service thereafter shall be electronically, where possible.

CRITICAL

The Clerk must retain the original document and send a copy to each attorney of record and unrepresented party within three days of journalization.

The Clerk shall retain the original in the case file and send one (1) copy to each attorney of record and each party not represented within three (3) days of its journalization.

CRITICAL

Applies to

Exhibit filing

A separately filed exhibit and its cover sheet must be served in conformance with the rules governing 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., Plaintiff Smith’s Notice of Filing Exhibit “G” with Plaintiff Smith’s Response to Defendants’ 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 cover sheet.]

CRITICAL

Continuance motions must be served on all opposing parties or their counsel, and must contain proof of service.

All motions for continuance shall specify the reason therefore and must contain proof of service to all opposing parties or their respective counsel of record.

CRITICAL

After receiving notice that service failed, the Clerk must notify the plaintiff or counsel within three days and direct the filing of alias service within 28 days to avoid possible dismissal without prejudice.

On those cases where a notice of failure of service of process is received by the Clerk of Court, notice shall be sent to the attorney for plaintiff or to the Plaintiff, if unrepresented by an attorney, within three (3) days informing them that service has not been obtained and directing them to file an alias service of summons within twenty-eight (28) days or the case may be dismissed without prejudice.

CRITICAL

When an electronically produced ticket is issued at the scene, the 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

Counsel must serve the civil trial brief on opposing parties at least 14 days before trial.

In all civil cases counsel shall, at least 14 days before the trial date file and serve on opposing parties a trial brief containing the following:

CRITICAL

Deadline

5 court days

Service

Mail to opposing party

The Clerk must send summons to named defendants by certified mail within five court days after filing, unless the plaintiff directs otherwise.

Within five (5) Court days, the Clerk of Court shall send service of summons to all named defendants by certified mail unless otherwise directed by the Plaintiff.

CRITICAL

Discovery requests and responses must be served on opposing counsel or the opposing party under the Ohio Rules of Civil and Criminal Procedure, but must not be filed with the Court.

Interrogatories, requests for production or inspection of documents, and requests for admissions AND RESPONSES TO THESE REQUESTS shall be served on opposing counsel or party in accordance with the Ohio Rules of Civil and Criminal Procedure, but shall not be filed with the Court.

CRITICAL

Applies to

Service copy

A filer may not transmit service copies by fax.

The filer shall not transmit service copies by facsimile.

WARNING

A juror summons may be served by reading it to the person, leaving it at the person’s usual residence, or mailing it to the person’s last known address.

Service on jurors may be made by reading the summons to the person named; by leaving the summons at the person's usual place of residence; or by mailing the summons to the person's last known address.

WARNING

The Clerk must file case-specific livestreaming requests in the case and provide copies to the parties.

The Clerk shall file requests related to a particular case in that case and provide copies to the parties.