Mansfield Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Continuance requests must be served on opposing counsel, or on the opposing party if that party is unrepresented.

All requests for continuances shall be in writing and served on opposing counsel, or if the opposing party is unrepresented, on the party.

CRITICAL

Service

Mail

Counsel whose withdrawal is approved must immediately mail the entry to the client’s last known address.

Approved withdrawal entries will be mailed immediately by the withdrawing counsel to his client’s last known address.

CRITICAL

Service

Personal service

The Plaintiff must bear the cost of a private approved process server, and a request for personal service requires approval by the Magistrate or Judge.

If the Plaintiff wishes to obtain personal service, costs of private approved process servers shall be borne by the Plaintiff and all such requests for personal service must be approved by the Magistrate or the Judge.

CRITICAL

Continuance requests must be served on opposing counsel or, if the opposing party is unrepresented, on that party.

Request for continuances shall be in writing, stating the reason with documentation of any alleged conflict and served upon opposing counsel, or if the opposing party is unrepresented, on the party.

CRITICAL

Service must be made in accordance with the Ohio Rules of Civil Procedure.

All service shall be made in accordance with the Ohio Rules of Civil Procedure.

CRITICAL

Motions, except those normally made at trial, must be served on opposing counsel.

All motions, except those normally made at trial, shall be in writing, served on opposing counsel

CRITICAL

Motions other than those normally made at trial must be served on opposing counsel.

All motions, except those normally made at 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

Court service

Court, clerk, or law director service on an attorney with a Mansfield law office is sufficient by placing the document in that attorney’s courthouse mailbox and is effective two business days later, excluding Saturdays, Sundays, and City-observed legal holidays.

It shall be sufficient service or delivery by the Court, the Clerk of Court, or the Law Director to any attorney who maintains a law office within the City of Mansfield, to place a copy of the document or other paper in the attorney’s mailbox maintained in the office of the Clerk of the Mansfield Municipal Court. Any such service or delivery shall be deemed effective two business days after the date the document or other paper is placed in that mailbox. Business days are all days other than Saturdays, Sundays or legal holidays observed by the City of Mansfield.

CRITICAL

Applies to

Summons

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

The assignment commissioner must give counsel notice of a pretrial conference by mail, attorney mailbox, or telephone at least 14 days beforehand.

Notice of pretrial conference shall be given to all counsel of record by mail, attorney mailbox, and/or by telephone from the assignment commissioner not less than fourteen (14) days prior to the conference.

CRITICAL

Applies to

Summons

If service fails, the Clerk must notify counsel or the party immediately, and failure to obtain service within six months after filing results in immediate dismissal.

In the event there is a failure of service, the Clerk shall notify counsel, or the party, immediately. If counsel, or the party, fails to obtain service of summons within six (6) months from the date the cause of action was filed, then the Court shall immediately dismiss the cause of action.

WARNING

The exhibit and signed cover sheet should be served on all other parties.

The exhibit and the signed cover sheet should be served on all other parties.