Struthers Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

Service

Court service to all parties

If all stated conditions are met, the clerk must place the case on the jury-trial docket and notify each party of the trial date and time.

In the event all the foregoing conditions have been met, the clerk shall place the forcible entry and detainer case on the jury trial docket and notice cach party of the date and time of trial.

CRITICAL

Service

Email to all parties

When an attorney or party has filed an email address with the court, service by email constitutes service under the cited rules but does not add three days under Ohio Civil Rule 6(E).

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 (3) days provided by Ohio Civil Rule 6(E).

CRITICAL

A counterclaim or crossclaim must be served on all other parties at least seven days before trial of the plaintiff's original claim.

Any person who files a counterclaim or crossclaim shall file it with the Clerk of Courts and serve it on all other parties at least seven days prior to the date of the trial of the plaintiff's claim in the original action.

CRITICAL

Service

Mail to opposing party

Each defendant must be served the complaint and a summons stating the small-claims hearing date and time by certified mail.

Each Defendant will then be served a copy of the complaint by certified mail, together with a summons setting the date and time the small claim will be heard.

CRITICAL

The clerk must serve each defendant with a true and accurate copy of the complaint and summons within five days after filing.

Upon filing of a civil case, the clerk shall within a period of five (5) days serve a true and accurate copy of the complaint and summons to the defendant(s) in accordance with Rules 4.1-4.6 of the Ohio Rules of Civil Procedure.

CRITICAL

A first extension request must be accompanied by a stipulation by or notice to opposing counsel.

with the Clerk of Courts, thereon noting "First Leave" or words of similar import, with stipulation by or notice to opposing counsel.

CRITICAL

Court-filed documents must be served under Ohio Civil Rule 5 or Ohio Criminal Rule 49, subject to the stated filed-email-address provision.

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.

CRITICAL

Notice of a motion for telephonic appearance must be given to counsel or the opposing party.

A Motion for Telephonic Appearance must be filed with the Court, with notice to counsel/opposite party, along with a Judgment Entry.

CRITICAL

Service

Personal service to opposing party

Each defendant must be personally served with the complaint and a summons setting the hearing date and time.

Each Defendant will then be served a copy of the complaint by personal service, together with a summons setting the date and time the forcible entry and detainer will be heard.

CRITICAL

If the party against whom default judgment is sought has appeared, written notice of the hearing, including its date and time, must be served on that party.

If a party against whom judgment by default is sought has appeared in the action, written notice of the hearing on the motion along with the date and time fixed by the assignment clerk with the concurrence of the trial judge shall be served upon that party.

CRITICAL

Service

Electronic service

An electronically served document must include proof of service stating the email address used to serve the attorney or party.

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

WARNING

Service

Publication to clerk

If personal service fails, the plaintiff or counsel may serve by publication and must file with the clerk an affidavit of publication and a copy of the notice of final publication.

In the event that personal service fails, the plaintiff or plaintiff's counsel may issue notice by publication and file with the clerk, an affidavit showing publication was made, and a copy of the notice of the final publication.

WARNING

If service has not been perfected, the clerk must notify the plaintiff or counsel and request an alias summons to the defendants’ proper address or personal service by the bailiff where they may be found.

In the event service has not been perfected on some or all of the defendants, the clerk shall notify plaintiff or plaintiff's counsel and request that an alias summons be issued to the defendants) proper address or request personal service by the bailiff at a location the defendant(s) may be found.

WARNING

Service

Mail

Ordinary mail may be used to notify a pro se litigant that they must appear.

Ordinary mail service of written notification or telephone notification when ordered by the Court is sufficient notification to require a pro se litigant to appear.