Painesville Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Applies to

Service copy

A filer must not transmit service copies by fax.

The filer shall not transmit service copies by facsimile.

CRITICAL

Service

Electronic service

A document served electronically must include proof of service stating the email address at which the attorney or party was served.

Documents served electronically shall contain proof of service setting forth the electronic mail address at which the attorney or party was served.

CRITICAL

Applies to

Trial date notice

Service

Personal service

The trial-date notice must be personally delivered to the defendant and/or attorney before they leave court after the pretrial conference.

Prior to leaving the Court at the conclusion of the pretrial conference, a notice of the trial date shall be personally delivered to the defendant and/or his attorney.

CRITICAL

Applies to

Exhibit cover sheet

The exhibit cover sheet 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. (See appendix for sample exhibit cover sheet.)

CRITICAL

Service

Publication

For service by publication, the Clerk must arrange newspaper publication, and the plaintiff must pay the publisher directly without an advance deposit to the Court.

In cases where there is a request for service by publication pursuant to Civil Rule 4.4, the Clerk shall cause service of Notice to be made by publication in a newspaper of general circulation in the County pursuant to Rule 4.4. The Clerk shall notify the publisher that the payment of the costs of the publication shall be the responsibility of the plaintiff. Payment arrangements shall be made directly by the plaintiff with the publisher without the Court assessing the publication costs as costs of suit or without the requirement of an advanced deposit by the plaintiff to the Court for payment of the publication costs.

CRITICAL

Applies to

Opposition

Adverse parties must serve opposing briefs and documentation within 28 days after the summary-judgment motion is filed.

Adverse parties shall serve and file opposing briefs and documentation within 28 days of the filing of the Motion.

CRITICAL

Applies to

Ticket

If a ticket is issued at the scene of an alleged offense, the issuing officer must provide the defendant with a paper copy.

Further if a 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

Pretrial conference notice

Service

Personal service

The pretrial conference notice must be personally delivered to the defendant and/or attorney before they leave court.

The notice of the pretrial conference date shall be personally delivered to the defendant and/or his attorney prior to leaving court.

CRITICAL

Applies to

Ohio uniform traffic ticket

When an Ohio Uniform Traffic Ticket is filed electronically, the issuing officer must provide the defendant with a paper copy.

a. If an OUTT is filed by electronic means, the issuing officer shall provide the defendant with a paper copy of the ticket pursuant to Ohio Traffic Rule 3(E).

CRITICAL

Service

Electronic service to all parties

Court filings must be served under the applicable Ohio civil or criminal rule; email service is valid when the attorney or unrepresented party has filed an email address, without the additional three days under Ohio Civil Rule 6(E).

O. Documents filed with the court shall be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49 unless an attorney or a party not represented by an attorney has filed an electronic mail address with the court. Where an electronic mail address has been filed with the court by affixing the same to any document or by the filing of a separate notice of electronic mail address, service on the attorney or party by electronic mail shall constitute service pursuant to Ohio Civil Rule 5 and Ohio Criminal Rule 49 but shall not entitle the attorney or party to the additional three days provided by Ohio Civil Rule 6(E).

WARNING

Applies to

Hearing notice

If the parties or counsel are present, the date and time of upcoming hearings must be provided in person.

If the parties and/or counsel are present, the date and time of any upcoming hearings shall be provided in person.

WARNING

Applies to

Written notice

If the parties or counsel are not present, written notice must be emailed if an email address was provided or mailed.

If not present, written notice shall be e-mailed (if provided) or mailed.

WARNING

Service

Email

When a party provides the Court with an email address, rulings, written notices, and Court correspondence must be emailed to the appropriate parties.

Upon a party providing the Court with an e-mail address, any ruling, written notice or Court correspondence shall be e-mailed to the appropriate parties.