New Philadelphia Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

A summons or private complaint charging a jailable misdemeanor may not be served by residence service, certified mail, or another method inconsistent with the rule.

No summons or private complaint issued upon a private complaint charging a misdemeanor which carries the possibility of a jail sentence shall be served by residence service, certified mail, or other means inconsistent with this rule.

CRITICAL

Deadline

3 business days

Applies to

Exhibits

Exhibits must be pre-marked, received by the Clerk, and served on opposing counsel at least three business days before the hearing.

1. Exhibits shall be pre-marked and RECEIVED BY the Clerk and served by the proponent on opposing party/counsel at least three business days prior to the hearing.

CRITICAL

An exhibit filed separately 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, caption 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.

CRITICAL

Service

Personal service

The serving officer must make the return of personal service pursuant to Ohio Criminal Rule 4(D)(4).

Return of personal service shall be made by the serving officer pursuant to Ohio Criminal Rule 4 (D)(4).

CRITICAL

Service

Electronic service

E-service is complete when a registered user receives the notice on the system’s e-service notifications page.

E-service of an e-filed document will be deemed complete when a registered user receives the notice on the e-service notifications page through the e-filing system.

CRITICAL

Proposed orders must be served on all parties at the same time they are submitted.

Proposed orders must be submitted in Microsoft Word (.doc or .docx) format, must reference the specific motion to which they apply, and must be contemporaneously served on all parties.

CRITICAL

Summons must be served under the Ohio Rules of Civil Procedure; after filing, service must be obtained within six months unless good cause is shown, or the action will be dismissed without prejudice as to that defendant.

The summons shall be served in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the Clerk of Court shall notify counsel or pro se party. If counsel/pro se party fails to obtain service of the summons and complaint within six (6) months from the date the case has been filed and the party on whose behalf such service was required cannot show good cause why such service was not made, the action shall be dismissed as to that defendant without prejudice upon the Court’s own initiative with notice to such party or upon motion.

CRITICAL

Applies to

Summons and complaint

The defendant must be served with the summons and complaint at least seven days before trial, unless time constraints require otherwise.

Defendant shall be served with the summons and complaint at least seven (7) days prior to the date set for trial, unless time constraints require otherwise.

CRITICAL

After counsel appears, court-filed documents and court orders must be served on designated counsel.

Upon the entry of appearance of counsel, all documents filed with the Court and all court orders shall be served upon the designated counsel.

CRITICAL

The filing party must serve all post-complaint filings and include a certificate of service as required by the procedural rules.

It is the responsibility of the filing party to serve all filings after the complaint and a party must include a certificate of service in accordance with the applicable rules of procedure.

CRITICAL

The Clerk must issue summons using the requested service method in accordance with the applicable procedural rules.

The Clerk must issue a summons by the method of service requested in accordance with the applicable rules of procedure.

CRITICAL

Applies to

Motion to seal

Service

Electronic service

A motion to file documents under seal must be served electronically.

1. Documents Filed under Seal. A motion to file documents under seal must be filed and served electronically.

CRITICAL

When a criminal complaint and summons is issued at the scene, the issuing officer must serve the defendant with the defendant’s paper copy as required by Ohio Criminal Rule 4(D).

If a criminal complaint and summons is issued at the scene of an alleged offense, the issuing officer shall serve the defendant with the defendant’s paper copy of the criminal complaint and summons as required by Ohio Crim. R. 4(D).

CRITICAL

Service

Personal service

When the prosecutor requests a summons for a private complaint charging a jailable misdemeanor, the summons and complaint must be personally delivered to the defendant.

Any private complaint charging a misdemeanor which carries the possibility of a jail sentence (misdemeanors of the first, second, third or fourth degree and jailable unclassified misdemeanors) for which the prosecutor requests the issuance of a summons, shall be served upon the defendant by delivering a copy of the summons and complaint to the defendant personally.

CRITICAL

Service

Electronic service

Electronic service constitutes service and satisfies the certificate requirement unless the filing party actually knows of a technical failure causing non-receipt.

Electronic service of the filing constitutes service of the filed document and satisfies the certificate of service requirement, unless the filing party has actual knowledge of a technical failure resulting in non-receipt of a document.

CRITICAL

Service

Personal service

After a private complaint is filed under this rule, the clerk must issue the summons, place it with the complaint in the prosecutor’s designated box, and notify the prosecutor that it is available for pickup or delivery to an authorized law enforcement officer for personal service.

Upon the filing of any private complaint under this local rule the Clerk of Court shall issue the summons pursuant to Ohio Criminal Rule 4(C)(2). The Clerk shall place the summons with the attached complaint in the prosecuting attorney’s designated box at the Clerk’s office and shall notify the prosecuting attorney that the summons and complaint are available for pick-up by, or delivery by the prosecutor to any authorized law enforcement officer of the charging jurisdiction for personal service upon the defendant.

CRITICAL

Pro se parties and other interested parties who are not subscribed to the e-filing system must be served with a paper copy.

Pro-se parties and other interested parties who may be served with a filing (such as appraisers ) but who are not subscribed to the court’s e-filing system must be served with a paper copy in accordance with the applicable rules of procedure.

CRITICAL

Applies to

Motion for leave to apply for writ

The plaintiff must serve a copy of the Motion for Leave to Apply for a Writ on the defendants when the judgment is more than thirty but less than sixty days old.

2. Where the judgment is more than thirty (30) days old, but less than sixty (60) days old, plaintiff must file a Motion for Leave to Apply for a Writ and serve a copy of the motion on the defendant(s).

CRITICAL

Applies to

Juror summons packet

Service

Mail

The jury administrator must mail the jury materials at least 14 days before trial, though a judge may order prospective jurors to appear on less notice in the stated circumstances.

Upon notice to a staff member by the Judge of an upcoming jury trial, the jury administrator shall mail to each person whose name is drawn from the jury pool an instructional cover letter, juror summons and juror questionnaire at least fourteen (14) days in advance of the scheduled trial date. (Attachment A). A judge may order prospective jurors to appear upon less notice when, in the course of jury selection, it becomes apparent that additional prospective jurors are required in order to complete jury selection, or where there is not a waiver of speedy trial in a criminal case.

WARNING

Service copies may not be transmitted by fax.

4. Facsimile filings shall not exceed fifteen (15) pages in length, excluding the cover sheet. Service copies shall not be transmitted by facsimile.

WARNING

Service

Electronic service

Registering as an e-filer constitutes consent to electronic service of pleadings filed by other registered e-filers and court orders.

Registration as an e-filer constitutes consent to accept electronic service of any pleadings filed by other registered e-filers as well as any orders issued by the Court.

WARNING

The private-complaint service procedures in this rule do not apply to issuance or return of service in minor misdemeanor cases.

This rule shall not apply to the issuance and return of service of summons and private complaint in minor misdemeanor criminal cases.

WARNING

Applies to

Exhibits

Items that cannot be captured or stored electronically may be served in paper form.

2. Exhibits. Exhibits or other items that cannot be captured or stored in an electronic format may be filed and served in paper form.

WARNING

Virtual service of process remains subject to review or challenge under Civil Rule 4.1, and service confirmation data is available through the Clerk’s Office.

All service of process of complaints or other documents served with virtual services of process are subject to review and/or challenge as further outlined in Civil Rule 4.1, with confirmation of service of process data being made available through the Clerk’s Office.

WARNING

Service

Electronic service

The Court and Clerk issue and serve case documents electronically, with notices issued to parties without a case-management email address and in exempted cases.

The Court and the Clerk will issue, journalize, and serve notices, orders, and other documents electronically. The Clerk will issue notices to those parties that do not have an email address in the case management system and on the exempted cases listed above.

INFO

Service

Electronic service to all parties

Registered users may serve other registered users electronically through the court’s authorized e-filing system.

All parties who are registered users of the court’s authorized e- filing system may electronically serve all other registered users of the e-filing system through the court’s authorized E-Filing system.

INFO

Service

Mail to opposing party

Service methods under Civil Rule 4.1 include virtual service by eCertified mail, with delivery confirmation available through the court’s website.

The Clerk of Court shall accept service of process methods as outlined in Civil Rule 4.1 which methods shall include “virtual” service of process utilizing advanced postal technology for service by eCertified mail. This advanced postal technology does not modify Civil Rule 4.1(1), but merely provides for advanced electronic and website technology in the sending of certified mail and receipt of confirmation utilizing the court’s website to show to whom the mail was delivered, the date of delivery, address where delivered, and the electronic signature of the recipient, all in accordance with the now-existing Civil Rules.

INFO

Service

Electronic service to all parties

The system automatically serves a notice of electronic filing on registered case participants when a document is e-filed.

Once a document is e-filed, a notice of electronic filing will be automatically served electronically on all parties who are registered case participants.