Muskingum County Court of Common Pleas, General Division Service and Proof of Service Rules

CRITICAL

Service

Publication

After the last publication date, the requesting party must file an affidavit of publication, a copy of the publication notice, and proof of payment of publication costs with the Clerk.

After the last date of publication, the requesting party shall file with the Clerk of Courts an affidavit showing the fact of publication, together with a copy of the notice of publication and proof that publication costs were paid.

CRITICAL

Orders and notices requiring mail or personal service, and documents served on third parties not registered in the portal, must continue to be served under the Rules of Civil Procedure despite electronic notifications.

Orders and notices which by their terms are required to be mailed or personally served upon a party, or which are to be served upon third parties not registered in the electronic filing portal, shall continue to be served in accordance with the Rules of Civil Procedure regardless of the utilization of an electronic notification.

CRITICAL

Service

Publication

To serve by publication, the requesting party must file an affidavit and legal notice, establish the specified grounds for publication, arrange for publication in a newspaper of general circulation, and pay the publication costs directly to the publisher.

If service is to be perfected by publication pursuant to the Ohio Rules of Civil Procedure, the requesting party shall file with the Clerk of Courts an affidavit together with a legal notice. The affidavit shall aver that service of Summons cannot be made because the residence of the party to be served is unknown to the affiant, all of the efforts made on behalf of the party to ascertain the residence of the party to be served, and that the residence of the party to be served cannot be ascertained with reasonable diligence. The Clerk of Courts will cause publication by returning the legal notice to the requesting party for transmittal to a newspaper of general circulation. It shall be the responsibility of the requesting party to ensure that the publication is accomplished, including the selection of the means of publication and administration of the publication. The requesting party shall be responsible for all publication costs directly with the publisher.

CRITICAL

Surety bail bond agents or agencies must give defendants written court notice at release, a written court-date reminder within one week of the date, and an in-person or phone reminder within 24 hours of it.

Surety Bail Bond Agents/Agencies must provide a written court notice to the defendant at the time of release. Further, they must provide a written court date reminder to defendants within one week of the court date and in person or phone reminder within twenty-four (24) hours of the court date.

CRITICAL

Surety bail bond agents or agencies must keep specified defendant contact information and maintain contact with defendants at least weekly.

The Surety Bail Bond Agent/Agencies shall obtain and maintain contact information from defendants including, but not limited to, phone number, address, e-mail, and an emergency contact person and must maintain at least weekly contact with defendants.

CRITICAL

Applies to

Complaint or third party complaint

The Clerk will issue a Summons and serve an electronically filed Complaint or Third-Party Complaint according to the filing party’s service instructions.

When any Complaint or Third-Party Complaint is submitted for electronic filing, the filing party shall also file instructions for service and the Clerk shall issue a Summons and serve the Complaint or Third-Party Complaint according to such instructions.

CRITICAL

Electronic filing does not replace service on opposing counsel or parties required by the procedural rules or courtesy copies required elsewhere in the rules.

The availability and utilization of electronic filing shall not serve to eliminate any requirements to serve opposing counsel or parties with filings pursuant to the Rules of Civil and/or Criminal Procedure, nor shall it eliminate the requirement to provide courtesy copies to the trial Judge as provided elsewhere in these Rules.

CRITICAL

Service

Electronic service to all parties

The Court may use the electronic filing portal to notify counsel and parties of filed Orders, and portal notice constitutes service of documents the Clerk must serve.

The Court may utilize notifications available through the electronic filing portal to inform counsel and parties that Orders have been filed in their cases. Said notice, delivered by the electronic filing portal, shall constitute service of any document required to be served by the Clerk of Courts upon parties and/or attorneys.

CRITICAL

Applies to

Bail modification application

When a party applies to modify bail, notice must be given to the adverse party upon filing the application.

Notice shall be given to the adverse party upon the filing of such application.

WARNING

Applies to

Jury summons

Service

Personal service

The Sheriff’s office must personally serve prospective jurors who fail to appear or respond to the summons with instructions for reassignment.

The Sheriff’s office shall personally serve prospective jurors who fail to appear or respond to the Summons with instructions for the prospective jurors so that they can be reassigned for service at a later date.

WARNING

Service

Electronic service to all parties

Counsel and parties must monitor the case docket if an electronic notification is not sent or received.

Counsel and parties bear ultimate responsibility for keeping current with filings upon the case docket in the event an electronic notification is inadvertently not sent or is not received.

WARNING

A standing special process server’s authority under the appointment ceases if the server fails to satisfy Civ.R. 4.1(D) during the appointment period.

Additionally, if fails to satisfy the requirements set forth in Civ.R. 4.1(D) during the period of the appointment, the authority to serve under this order will cease.

WARNING

Applies to

Jury service notice and questionnaire

Service

Mail

The Muskingum County Sheriff must send each prospective juror’s jury-service notice and questionnaire by ordinary mail.

The notice summoning a person to jury service and juror questionnaire shall be sent by ordinary mail to each prospective juror by the Muskingum County Sheriff.

WARNING

A standing special process server appointment expires one year after filing unless modified earlier by the court, and continuing the appointment beyond one year requires reapplication.

This order expires one (1) year from the date it is filed unless modified earlier by the Court. Continued appointment beyond one (1) year will require reapplication.

WARNING

A standing special process server must not serve process in a case in which the server has a financial interest in the outcome.

6. I will not attempt to serve process in any case in which I have a financial interest in the outcome of the action.

WARNING

A standing special process server must follow applicable local and Ohio civil rules, act professionally, and obey case-specific court instructions for service.

9. I am familiar with and will follow all applicable Local Rules and Ohio Rules of Civil Procedure. I will conduct myself in a professional manner. I will also obey any specific instructions for service of process as ordered by the Court in individual cases, including:

WARNING

Service

Mail to all parties

The Court may mail selected Orders at its discretion, but parties should not rely on other Orders being mailed.

The Court, at its discretion, may elect to mail certain Orders to counsel/parties. The decision to mail any particular Order does not mean all other Orders will be mailed, and the possibility of mailing should not be relied upon.

WARNING

A standing special process server must not serve process in a case involving the server as a party, counsel, or a family member of a party.

5. I will not attempt to serve process in any case in which I am a party, counsel for a party, or have a familial relationship to any party.

WARNING

Mark the return as residential service when a pleading is left with a suitable-age person other than the person served, and as personal service when left with the person served.

If a pleading is left with a person of a suitable age other than the person to be served, then return is marked as “residential service,” and if the pleading is left with the individual to be served, then the return is marked as "personal service.”