Morgan County Court, Ohio Service and Proof of Service Rules

CRITICAL

If service fails, the Clerk must notify counsel immediately; counsel must obtain summons service within six months of filing or face a dismissal notice allowing ten days to show good cause.

In the event there is a failure of service, the Clerk shall notify counsel immediately. If counsel fails to obtain service of a 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

Attachments and exhibits over 30 megabytes must be served on all other parties when submitted in hard copy.

Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.

CRITICAL

Applies to

Electronically produced ticket

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

Pleadings must be served under the applicable civil or criminal procedure rules; leaving them with the clerk or other court personnel does not constitute service, and court personnel need not forward them.

Service of Pleadings shall be accomplished by following the applicable Rules of Civil or Criminal Procedure. No pleading shall be deemed served by leaving a copy with the Clerk or any other Court personnel. Neither the Clerk nor any other personnel of the Court have an obligation to forward pleadings left by counsel to the opposing party.

CRITICAL

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

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

CRITICAL

Summons must be served in accordance with the Ohio Rules of Procedure.

Summons shall be served in accordance with the Ohio Rules of Procedure.

CRITICAL

Applies to

Documents required to be served

Documents offered for filing that must be served on other parties, except complaints, must contain proof of service in the form provided by Civil Rule S(D).

All documents except the complaint offered for filing and required to be served on other parties, shall contain proof of service in the form provided by Civil Rule S(D).

CRITICAL

Counsel must obtain service of summons within six months in new cases; otherwise, the clerk will notify counsel of possible 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.

CRITICAL

Applies to

Jury summons

Service

Mail

Prospective jurors must be notified by regular mail using a summons directing them to appear on the assigned date.

Prospective jurors shall be notified by reg ular mail of their service requ i rement by the issuance of a summons d i recting them to appear on the date assig ned .

CRITICAL

Before the pretrial conference, counsel must exchange expected expert-witness reports and, when involved, medical reports and hospital records.

Prior to the date of the pretrial conference, counsel shall exchange reports of expert witnesses expected to the called by each party, as well as medical reports and hospital records if such are involved.

CRITICAL

Service

Electronic service

Electronically filed documents must be served under the referenced procedural rules; after appearing, a party must provide an email address and service must be electronic where possible.

Documents filed electronically with the Court shall be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 4 9. Once a party has entered an appearance in the case, the party shall furnish his or her email address, and service thereafter shall be electronically, where possible.

WARNING

Service

Mail to all parties

The bailiff or clerk must mail notice of a personal-property sale to the parties and attorneys of record by ordinary mail, but failure to mail notice does not invalidate the sale.

A copy of the notice of the sale of personal property shall be mailed by the bailiff, or clerk, to the parties and to attorneys of record in the case, by ordinary mail; however, failure to mail such notice shall not invalidate the sale.

WARNING

Court notices, communications, and documents required to be served will be sent to the designated trial attorney.

All notices and communications from the court and all documents required to be served will be sent to the designated trial attorney.

INFO

Service

Personal service

The Court prefers personal service on all defendants.

However, the Court prefers personal service on all Defendants.

INFO

Applies to

Default judgment application

The defaulting party need not be served with the default-judgment application.

There is no need to serve the defaulting party.