Noble County Court, Ohio Service and Proof of Service Rules

CRITICAL

Service

Publication

Publication service is permitted when authorized by Ohio law and must follow the legally prescribed manner and form; service is complete, and rule days are computed, from the last publication.

Service may be made by publication in those cases in which such service is authorized by the laws of Ohio, in which this Court has jurisdiction, and such service shall be made in the manner and form as provided by in law and such service shall be deemed completed and the rule days computed from the last publication in the same manner as provided for in Common Pleas Court.

CRITICAL

Service

Mail

Ordinary mail service requires a sealed, properly postage-paid, correctly addressed envelope; the envelope must also carry the specified return instruction and the words “DO NOT FORWARD” in bold type.

In an ordinary mail service, the writ or summons, shall be enclosed in a sealed envelope, bearing proper postage and such envelope shall be addressed to the party to be served at his/her residence address. In the case of a corporation, domestic or foreign, or partnership, the envelope shall be addressed to the corporation or a partnership to be served at its office or place where it return of the envelope to the Clerk in case of non-delivery after three (3) days, and the instruction regularly receives mail, if within the jurisdiction of the Court. The envelope shall bear a request for in bold type "DO NOT FORWARD"

CRITICAL

In new special-proceeding cases, counsel must obtain service of summons within six months; after a failure, the Clerk gives notice that the case will be dismissed in 10 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

Notice of hearing

For motions requiring a noticed hearing or automatically receiving oral argument, the filing attorney must obtain a hearing date, promptly notify the other parties in writing of the date and time, and file proof of service before the hearing, except for the stated exceptions.

Upon the filing of any motion which requires a notice hearing by reason of the Ohio Rules of Civil Procedure or any other provision of law, or upon which oral argument is automatically granted in accordance with this paragraph (other than one which may be heard ex parte) or an agreed entry situation the attorney filing such motion shall obtain a date for such hearing and shall promptly notify the other parties to the action, or their respective attomeys of record, in writing, of the date and time of the hearing and file proof of service of said notice of hearing with the Clerk, prior to the hearing.

CRITICAL

Service

Mail

If a debtor misses a scheduled payment, the Clerk must mail an ordinary-mail show-cause letter within 10 days after the payment is due, requiring an appearance on the stated schedule.

In event Debtor shall fail to make any scheduled payment, the Clerk shall, within ten (10) days after scheduled payment is due, mail a letter, by ordinary mail, to Debtor at the address listed by him requiring him to appear at a date not less than five (5) days more than ten (10) days from date of letter, to show cause why the trustccship shall not be terminated.

CRITICAL

Service

Mail to opposing party

A party filing a suit pleading or motion must either show proof of mailing a copy to opposing counsel or provide the Clerk enough copies to mail to all adverse parties or counsel.

It shall be the duty of the party or his/her counsel filing any suit pleading or motion either (1) to show proof of mailing copy of opposing party or counsel at the address of record, (2) furnish the Clerk with sufficient additional copies thereof for mailing to all adverse parties or counsel, in which case, the Clerk shall immediately mail such copies to them at

CRITICAL

Service

Mail

Mail service requires delivery to the defendant’s residence, except that ordinary-mail notice may be sent to a nonresident defendant wherever the defendant resides when property or earnings within the Court’s territory have been attached.

No writ or summons shall be served by mail unless it appears to the Clerk that mail delivery is made to the residence of the Defendant(s). This provision shall not apply in cases where property or earings of the Defendant within the territorial jurisdiction of the Court has been attached and the Defendant is a non-resident of the territory of the Court; in such case, notice by ordinary mail may go forward to the Defendant wherever his/her residence may be.

CRITICAL

Applies to

Pleadings court filings and subsequent proceedings notices

Copies of pleadings, other court filings, and notices of subsequent proceedings must be served on the trial attorney or, if the party is unrepresented, on that party.

All copies of pleadings or other court filings and notices of all subsequent proccedings shall be served upon the trial attorey, or the party if unrepresented.

CRITICAL

Applies to

Summons

If counsel does not obtain service of summons within six months after filing the cause of action, the Clerk will notify counsel that the case will be dismissed in ten days unless good cause is shown.

If counsel fails to obtain service of summons within six (6) months from the date of 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

Applies to

Motion

Motions subject to the supporting-memorandum requirement must include proof of service under Civil Rule 5, except for ex parte motions and agreed-entry situations.

All motions, unless made during a hearing or trial, shall be made in writing and the Clerk shall accept for filing only those motions (other than motions for a new trial pursuant to Civil Rule 59) accompanied by a memorandum in support of the motion, which shall be a brief statement of the grounds for the same, with citation of authorities relied upon, and (except in the casc of an ex parte motion or an agreed entry situation) proof of service in accordance with Civil Rule 5.

CRITICAL

Applies to

Electronically produced ticket

When an electronically produced ticket is issued at the scene, the issuing officer must provide the defendant 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

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

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

CRITICAL

If the State and defendant do not reach an agreement, the case will be set for trial, and the Court will personally give the parties present notice and a memorandum stating the trial date and time.

In the event that no agreement is reached between the State of Ohio and the defendant, the case will be set for trial with notice and a memorandum in accordance with Rule 17.1 of the Ohio Rules of Civil Procedure as to date and time of trial being given personally by the Court to all parties present.

WARNING

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 priorto the conference.