Miamisburg Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Service

Mail

After a bond forfeiture declaration, the Clerk must give written notice to the accused and each surety within 15 days and send notice to the bondsman by ordinary mail.

Where bond or bail has been posted by a bondsman and the Defendant fails to appear as scheduled, the Clerk shall give notice to the accused and each surety in writing within fifteen (15) days of the forfeiture declaration. The notice shall be sent by ordinary mail to the bondsman advising said bondsman that he has forty-five (45) days within which to show cause or present the Defendant before the Court.

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

Defendants and pro se litigants must continue to receive all court-appearance notifications by regular U.S. Mail in paper form.

Defendants and Pro se litigants shall continue to receive all court appearance notifications conventionally in paper form by regular U.S. Mail.

CRITICAL

Service

Mail

Unless Bailiff service is requested, summonses are sent by certified mail to the complaint address, with specified follow-up procedures for undeliverable, unclaimed, or refused mail and exceptions for praecipes and post-judgment collection proceedings.

C. SERVICE OF SUMMONS BY CERTIFIED MAIL: When it is not requested that a summons be served by the Bailiff, it is then sent via certified mail, to the address submitted on the complaint. When certified mail is returned marked “undeliverable” an alias summons is sent to plaintiff or plaintiff’s counsel for service to be reissued. When certified mail is returned marked “Unclaimed, or refused, a notification is sent to the attorney advising service was not obtained by certified mail, personal service, or residence service. The attorney completes the form “Request for Ordinary Mail” and the summons is then sent to ordinary mail. The above provision shall not apply to praecipes or proceedings after judgment to enforce collections.

CRITICAL

Applies to

Pretrial conference notice

The assignment commissioner must notify all counsel of record of a pretrial conference by mail, email, and/or telephone at least 14 days beforehand.

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

CRITICAL

Deadline

24 hours

Applies to

Notice of appointment

Service

Mail

The Clerk must mail the notices to listed creditors within 24 hours and indicate on the docket that they were mailed.

The Clerk shall deposit such notice in the mail within twenty-four (24) hours and indicate on the docket that notices were mailed to the listed creditors.

CRITICAL

Applies to

Summons

If service fails, the clerk must notify counsel immediately; if counsel does not obtain service within six months after filing, the clerk must give ten days’ notice of dismissal 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

A creditor applicant must give similar notice to the debtor unless the creditor has obtained a judgment in a court of record.

If such application is made by a creditor, a similar notice must be given to the debtor, unless the creditor has obtained judgment in a court of record.

CRITICAL

Applies to

Exhibit

An exhibit filed this way must be served in conformance with the rules governing service of pleadings in the court.

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” to 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.

CRITICAL

A filer must not transmit service copies by fax.

The filer shall not transmit service copies by facsimile.

CRITICAL

At the conclusion of each case, the magistrate must serve the finding on the plaintiff and defendant and inform them of the right to file written objections within 14 days.

The magistrate shall, at the conclusion of each case, serve a copy of his or her finding upon the plaintiff and defendant and inform the parties that they may file objections to the magistrate’s findings within fourteen (14) days, in writing.

CRITICAL

Applies to

Electronically produced ticket

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.

CRITICAL

Applies to

Summons

If counsel does not obtain service of summons within six months in a new case, the clerk will notify counsel of dismissal in ten days unless good cause is shown.

In all new cases, if counsel fails to obtain service of summons within six (6) months, the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

WARNING

The attorney filing objections must notify opposing counsel of the hearing date within three days.

to notify opposing counsel of said date within three (3) days.

WARNING

Applies to

Order in aid of execution

Orders in Aid of Execution must be served and scheduled in the same manner as appearance cases.

G. PROCEEDINGS IN AID OF EXECUTION: Orders in Aid of Execution shall be served and scheduled in the same manner as appearance cases.

WARNING

Applies to

Notice of sale

Service

Mail to all parties

The bailiff must mail the personal-property sale notice to the parties and attorneys of record, but failure to mail it 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

Jury subpoena

Service

Mail

At least 40 subpoenas must be mailed by ordinary mail one month before each criminal and civil jury trial.

At least forty (40) subpoenas are mailed for each criminal and civil jury. These subpoenas are mailed one month before the trial date by ordinary mail.