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HAMILTON COUNTY MUNICIPAL COURT |
INTER-OFFICE CORRESPONDENCE |
To: |
Magistrates Erwin, Outcalt and Wolf and Chief Deputy Clerk Deters | From: |
David C. Stockdale, Administrative/ |
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Re: |
Service of Process in Evictions | Date: |
September 27, 1999 |
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| It is the consensus of the Joint Session
that the provisions of Am. Sub. S.B. 30, effective 9/29/99, R.C. 1923.06, which allow
service of process of the second and third causes of action for back rent and other
damages in forcible entry and detainer actions in a manner other than as prescribed in
Civil Rules 4 through 4.6, and provide that answer day for those claims is 28 days after
the date service is deemed complete under R.C. 1923.06, are unconstitutional.
Therefore, all motions for default judgment on the second or third cause of action in a
forcible entry and detainer case shall be submitted to a magistrate for his or her
approval before being submitted to a judge. The magistrate shall first determine that
service of process has been obtained in accordance with Civil Rules 4 through 4.6, and
that at least 31 days have passed since service was obtained (28 days per Rule 12 plus 3
days per Rules 5(D) and 6 (E)). The magistrate shall then make any determination necessary
under Rule 55(A) for unliquidated claims. Only after this examination has been made and
the magistrate has endorsed the entry, shall it be submitted to a judge for signature. |
| cc: All Judges |
| Cincinnati Bar Association, Attn: Municipal Court Committee |