Rocky River Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Motions must be served on all appropriate parties in accordance with Ohio Rules and Statutes.

served on all appropriate parties in accordance with Ohio Rules and Statutes.

CRITICAL

The Clerk must accept service-of-process methods outlined in Civil Rule 4.1, including virtual service.

The Clerk of the Rocky River Municipal Court shall accept service of process methods as outlined in Civil Rule 4.1 which methods shall include “virtual” service of process.

CRITICAL

Applies to

Juror questionnaire

Service

Mail

The jury administrator must mail each selected person a questionnaire or qualification form as soon as possible after receiving the pool names.

As soon as possible after receiving the names from the jury pool, the jury administrator, on an ongoing as needed basis, shall mail to each person whose name is drawn a juror questionnaire or jury qualification form. The form shall indicate that a jury summons may issue in the ensuing year for service as a prospective juror (Attachment A).

CRITICAL

Applies to

Juror questionnaire

Service

Mail

Before a summons is issued, each prospective juror must previously have been requested to complete a basic jury questionnaire sent by the jury administrator.

All prospective jurors will have previously been requested to complete the basic jury questionnaire form that will have been sent by the jury administrator prior to the Summons being issued (see Attachment A).

CRITICAL

Applies to

Jury summons

The jury administrator must send the court-ordered summons at least 14 days before trial, unless a judge orders less notice in the stated circumstances.

Upon notice of a staff member of the Judge conducting the upcoming jury trial, the jury administrator shall send Summons upon Court Order at least fourteen (14) days in advance of the scheduled trial date. 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.

CRITICAL

Applies to

Large attachments or exhibits over 30 megabytes

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

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

Exhibit filing

A missing exhibit filed separately must be served in conformance with the rules governing service of pleadings.

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 North Olmsted’s Notice of Filing Exhibit ‘G’ to Plaintiff North Olmsted’s Response to Defendant’s 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

Applies to

Jury summons

Service

Mail

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

All prospective jurors shall be notified by regular mail of their requirement of service by the issuance of a summons directing them to appear on the date assigned (see Attachment B).

CRITICAL

Electronically filed documents must be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49.

Documents filed electronically with the Clerk of Court shall be served in accordance with Ohio Civil Rule 5 and Ohio Criminal Rule 49.

CRITICAL

Applies to

Summons

The defendant must be served at least 7 days before the forcible entry and detainer trial date.

Defendant shall be served at least seven (7) days prior to the date set for trial.

CRITICAL

Applies to

Opposition brief

A party opposing a motion other than summary judgment must serve its opposition brief within 7 days after service, unless the Ohio Rules of Civil Procedure provide a longer period.

Each party opposing a motion other than Motion for Summary Judgment shall serve and file a brief in opposition within seven (7) days of service of said Motion, unless a longer time period is provided in the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Journal entry court document court order trial assignment

After counsel appears, journal entries, court documents, court orders, and trial assignments must be served on designated counsel at the email address provided to the court.

Upon the entry of appearance of counsel, all journal entries, court documents, court orders and trial assignments shall be served upon the designated counsel at the email address that the attorney provides Rocky River Municipal Court.

CRITICAL

Service

Electronic service

After appearing, a party must provide an email address, and subsequent service must be electronic where possible.

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.

CRITICAL

When an electronically produced ticket is issued at the scene, the issuing 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

Applies to

Motion for leave to purchase writ

When the judgment is more than 30 but less than 60 days old, the plaintiff must file a motion for leave to purchase a writ and serve a copy on the defendant or defendants.

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 Purchase a Writ and serve a copy of the motion on the defendant(s).

CRITICAL

Motions must be served on opposing counsel or the pro se litigant.

All motions must be in writing, on 8 1/2 x 11 paper, with no backing, and served on opposing counsel / pro se litigant.

CRITICAL

A filer may not transmit service copies by facsimile or email.

K. SERVICE COPIES - The filer shall not transmit service copies by facsimile or email.

CRITICAL

Summonses must be served under the Ohio Rules of Civil Procedure; if service is not obtained within six months after filing and good cause is not shown, the action must be dismissed without prejudice as to that defendant, with notice.

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 immediately. If counsel/pro se litigant fails to obtain service of the summons and complaint within 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.

WARNING

Service

Mail

After a judgment or proceedings transcript is transferred and docketed, the clerk must notify the original court by mail.

Pursuant to provisions of ORC §2329.02, the clerk of court shall accept for filing, a Certificate of Judgment or a Transcript of the Proceedings of the original court which shall be docketed and numbered as if originally filed in this court and the clerk shall notify the original court by mail that such transfer has been made.

WARNING

Virtual service of process may be reviewed or challenged 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 this Clerk’s Office.

INFO

Service

Mail

The Clerk may use eCertified mail for service; it supplements rather than modifies Civil Rule 4.1(A)(1)(a).

The Clerk may choose to utilize service by eCertified mail. This advanced postal technology does not modify Civil Rule 4.1(A)(1)(a) Service by United States certified or express mail, 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, and address where delivered, all in accordance with the now-existing Civil Rules.

INFO

The Clerk may use a commercial-carrier service under Civil Rule 4.1(A)(1)(b), choosing the service deemed most effective.

The Clerk may also choose to utilize service of process methods as outlined in Civil Rule 4.1(A)(1)(b) Service by commercial carrier service using the specific service that the Clerk deems most effective for the purpose.