Middletown Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Applies to

Complaint

The Clerk serves complaint defendants by certified mail at the caption addresses; other service requires a written request, and the Clerk may refuse a complaint lacking a reasonably complete service address.

The Clerk shall issue service upon the persons designated in the Complaint as defendants by certified mail directed to them at their respective addresses stated in the caption. Any Complaint which fails to furnish a reasonably complete address in the caption for such service may be refused by the Clerk. Service, other than the above, may be had only by written request.

CRITICAL

An omitted creditor may be added on the debtor’s or creditor’s application only after obtaining leave of Court and giving notice to the debtor or creditor, as applicable.

The name of any creditor omitted from the list may be added at any time thereafter upon application of the debtor or the creditor with leave of Court first obtained and upon notice to said debtor or said creditor as the case may be.

CRITICAL

Service

Mail

If service by certified mail or courier fails, the Clerk must attempt service by ordinary mail with a certificate of mailing unless counsel requests otherwise.

In the event of failure of service by certified mail or courier service, the clerk shall attempt additional service by ordinary mail with certificate of mailing upon the party to be served unless requested to do otherwise by counsel.

CRITICAL

A continuance request must include a certificate of service on all parties or their legal representatives.

(C) contain a certificate of service upon all parties, or the legal representative thereof;

CRITICAL

Prospective jurors must be notified of their jury-service obligation by regular mail or by a court officer through a summons directing them to appear on the assigned date.

All prospective jurors shall be notified by regular mail or by an officer of the Court of their requirement of service by the issuance of a summons directing them to appear on the date assigned.

CRITICAL

Papers filed after the Complaint that must be served must bear a certificate showing service on all other parties or their counsel if represented.

All papers after the Complaint required to be served upon a party shall have endorsed thereon a Certificate evidencing the service of a copy of such document upon all other parties to the action or their respective counsel, if represented.

CRITICAL

Applies to

Written demand

When a statute requires service of a written demand before proceedings in aid of execution, written proof of service must be filed before attachment, execution, or those proceedings may issue.

Where service of a written demand upon a party is required by statute prior to the institution of proceedings in aid of execution, there shall be filed in the case written proof of the service of such written demand. No attachment, execution, or proceedings in aid of execution shall be issued out of this court without such proof having been filed.

CRITICAL

A jury summons must be readily understandable and delivered by registered mail or by a court officer.

The summons shall be phrased to be readily understood by an individual unfamiliar with the legal process, and shall be delivered by registered mail or by an officer of the Court.

CRITICAL

Notice of the filing and pendency of a trustee-appointment application must be served as provided by statute.

Notice of the filing and pendency of the application for appointment of the Trustee shall be served as provided by statute.

CRITICAL

The Magistrate’s Decision must be served on the parties.

The Magistrate's Decision shall be filed with the Clerk of Court and served upon the parties with notice of the fourteen (14) day period to file objections to the Court.

CRITICAL

Service

Mail

After withdrawal is approved, withdrawing counsel must immediately mail the withdrawal entry to the client’s last known address.

Once approved, withdrawal entries shall be immediately mailed by the withdrawing counsel to his or her client's last known address.

CRITICAL

The movant must serve notice of an oral hearing on all parties unless the Court directs the Clerk to serve it.

Notice of oral hearing shall be served upon all parties by the movant, unless the Court directs the Clerk to serve same.

CRITICAL

Except for motions normally made at trial, written motions 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 proscribed in the Ohio Rules of Criminal Procedure unless a different time is ordered by the Court.

CRITICAL

Service

Mail

If the defendant cannot be located at the address provided, the clerk must notify the plaintiff by mail, and the claim may be dismissed unless the plaintiff provides the proper address within ten days.

If the defendant cannot be located at the address given to the clerk, the clerk shall notify the plaintiff by mail of the inability to serve the defendant and that claim may be dismissed unless the proper address is provided within ten (10) days.

WARNING

Service

Mail

If certified-mail service is returned as refused or unclaimed, the complainant requests ordinary-mail service under Civil Rule 4.6(C) or (D).

If service of process by certified mail is returned by the postal authorities with the endorsement of "refused" or "unclaimed" the undersigned requests ordinary mail service in accordance with Civil Rule 4.6 (C) or 4.6 (D).

INFO

Service

Publication

Service by publication is permitted in accordance with the specified Ohio rules and statutes.

Service by publication may be had as provided in the Ohio Rules of Civil Procedure, the Ohio Revised Code, and the Ohio Rules of Superintendence.

INFO

Service

Court service to opposing party

A copy of the complaint will be served on the defendant.

Please be advised a copy of this complaint will be served on the Defendant.