Tiffin-Fostoria Municipal Court, Ohio Service and Proof of Service Rules

CRITICAL

The motion and hearing notice must be served on the opposing party under Rule 4(C) at least seven days before the hearing.

Service of the motion and notice of hearing shall be made on the opposing party in accordance with Rule 4(C) and not less than seven (7) days before the scheduled hearing.

CRITICAL

A counsel-prepared journal entry must be submitted to opposing counsel within 14 days of the decision.

If counsel-prepared, the entry shall be submitted to opposing counsel within fourteen (14) days of the decision.

CRITICAL

Applies to

Motion for substitution and notice of hearing

The substitution motion and notice of hearing must be served on the parties as provided in Civil Rule 5.

together with a notice of hearing, shall be served on the parties as provided in Civil Rule 5,

CRITICAL

The moving party must show that the other parties were properly served as required by the rule.

The moving party shall be responsible to show that the other parties have been properly served as required by this rule.

CRITICAL

If service of summons fails, the complainant or counsel must make an additional service effort within six months after the cause of action was filed.

In the event there is a failure of service of summons, the complainant or his attorney shall make additional effort within six (6) months from the date the cause of action was led.

CRITICAL

The filer must mail or deliver each subsequent pleading, written motion, or brief to every party or that party’s attorney and note the mailing or delivery on the original; depositing a pleading copy with the Clerk suffices when it accompanies a summons.

It shall be the duty of the party or attorney ling a pleading, written motion, or brief subsequent to the complaint to mail or deliver a copy thereof to each party to the case, or the attorney for such party. Failure to comply with this rule shall be suf cient cause to strike the pleading, motion, or brief from the les. If a copy of a pleading is to accompany a summons to be served in the case, it shall be suf cient compliance with this rule to deposit such copy with the Clerk. The fact of such mailing or delivery to the adverse party shall be noted on the original.

CRITICAL

Applies to

Summons

Counsel must obtain service of summons within 6 months in a new case; otherwise, the Clerk will give 30 days' notice of dismissal 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 thirty (30) days unless good cause is shown to the contrary.

CRITICAL

Counsel must ensure witness subpoenas are requested and properly served; the Law Director or assistant handles prosecution witnesses and defendants or their attorneys handle defense witnesses.

It is the responsibility of the counsel for the parties to see that subpoenas for witnesses are properly requested. It is the responsibility of the Law Director or his/her assistant to see that prosecution witnesses are properly subpoenaed. Once subpoenas are issued, the Law Director or his/her assistant shall determine whether service has been obtained for the purpose of assuring service before trial or hearing date. All praecipes for witnesses shall, unless the case is set for trial less than ve (5) days in advance, be led not less than ve (5) days prior to trial date. It is the responsibility of defendant or his/her attorney to see that defense witnesses are properly subpoenaed, and that once subpoenas are issued, that proper service has been obtained. All praecipes for witnesses shall, unless the case is set for trial less than ve (5) days in advance, be led not less than ve (5) days prior to trial date.

CRITICAL

Applies to

Motion to continue

A motion to continue must be served on opposing counsel or the opposing party.

All motions to continue shall be served on the opposing counsel or opposing party.

CRITICAL

The listed participants must be notified of and attend criminal pretrial conferences unless the Court dispenses with attendance.

It is the order of the Court that the Law Director or his/her assistant, the defendant's attorney, and the defendant be noti ed of a pretrial conference in criminal cases and attend the pretrial conferences unless dispensed from attendance by the Court.

CRITICAL

Summons must be served under the Ohio Rules of Procedure; after failed service the Clerk must notify counsel immediately, and failure to obtain service within six months prompts notice of dismissal in 30 days unless good cause is shown.

Summons shall be served in accordance with the Ohio Rules of Procedure. In the event there is a failure of service, the Clerk shall notify counsel immediately. If counsel fails to obtain service of summons within six (6) months from the date the cause of action has been led, then the Clerk shall notify counsel that the case will be dismissed in thirty (30) days unless good cause is shown to the contrary.

CRITICAL

Service

Court service to clerk

File enough copies with the Clerk for pleadings, motions, or documents that will be served by the Clerk, bailiff, or sheriff.

Suf cient copies of every pleading, motion, or document to be served by the Clerk, bailiff, or sheriff, shall be led with the Clerk.

CRITICAL

Service

Court service to all parties

The Clerk must serve copies of the Court’s decision on the parties or their attorneys.

Copies of the Court's decision shall be served upon the parties or their attorneys by the Clerk.

CRITICAL

Applies to

Pretrial notice

Service of pretrial notice under Civil Rule 5 is deemed sufficient notice of the pretrial conference.

(service of notice pursuant to Civil Rule 5 is hereby deemed suf cient as to the notice of pretrial).

CRITICAL

Applies to

Motion for substitution and notice of hearing

The substitution motion and notice of hearing must be served on nonparties as provided for service of summons under Civil Rules 4 through 4.6.

and upon persons not parties in the manner provided in Civil Rule 4 through Civil Rule 4.6 for the service of summons.

WARNING

The Court notifies the listed recipients of hearing dates, and notice is sufficient if sent to the last known address in the case papers.

The Court will notify the Law Director of the City of Tif n, the Law Director for the City of Fostoria, or their assistant, the attorney for the defendant, and the defendant as to the dates of any hearings. Notices shall be deemed suf cient if sent to the last known address listed on the papers making up the le on the case.

WARNING

Service

Mail

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

All prospective jurors shall be noti ed by regular mail of their requirement of service by the issuance of a summons directing them to appear on the date assigned.

WARNING

Notice of a pretrial conference must be given to all counsel of record by mail, telephone, or both.

Notice of pretrial conference shall be given to all counsel of record by mail and/or telephone