Notice how civil or criminal cases are docketed. Complaint is filed and the Court attempts service by mail, publication, process server or otherwise. After aMessage 1 of 1 , May 3View SourceNotice how civil or criminal cases are docketed. Complaint is filed and the Court attempts service by mail, publication, process server or otherwise.
After a complaint is filed with the Court, the Court Clerk mails a copy of a summons and the complaint to all listed defendants.
As each defendant receives the summons and complaint, the information is docketed. So the docket may show the docket entries something like;
Date Complaint filed
Date Summons and complaint sent to Defendant One
Date Summons and Complaint sent to Defendant Two signed by Other on Date
The court speaks through it's docket. So if someone files a complaint the docket will show filing and then service to the appropriate parties. Without service the Court cannot acquire jurisdiction over the person being served and the case cannot move forward.
Take a look at a docket of a traffic ticket complaint. Iit never shows service to the effected party defendant. So if there is no service of process to the defendant by the Court, how does the Court acquire personal jurisdiction? I believe the Court acquires jurisdiction when one voluntarily shows up at arraignment day.
So here is a NOTICE to the Court, which is not a responsive pleading and it is a pre-plea notice that the institution of the prosecution is flawed.
If anyone in this group lives in Ohio and attempts this method, please report back as to what the Court decides in your case.
IN THE _____________________ MUNICIPAL COURT
Take notice that this document is not a responsive pleading as required by the rules, but it is an objection to the general issues that must be raised before plea and motion. See Traffic Rule11(B)(1). Comes now, _________________________,Defendant, requests per Ohio Traffic Rule 20, Criminal Rule 57 and Traf R.11(E) that the Clerk of this Court schedule a hearing on this matter before the Arraignment date of _________________, 20____ to quash service of process.
Respectfully submitted by:
First Last Name, Pro Se
City, Ohio ZIP Code
Traffic Rule 20 provides that the Rules of Criminal Procedure may be used if no procedure is specifically prescribed by the Traffic Rules. Additionally Criminal Rule 57 provides that if no procedure is specifically prescribed by rule, the court may proceed in any lawful manner not inconsistent with these rules of criminal procedure,and shall look to the Rules of Civil Procedure and to the applicable law if no rule of criminal procedure exists.
Based on the foregoing statement, the Defendant is deprived of knowing the exact manner in which this court acquired jurisdiction over the person, because there is no entry in the docket of this case as to when this Court served a summons to the defendant. Where is the proof of service?
Per Traf. R.11(B)(1)(a), I object, based on the institution of the prosecution. Without proof of service reflected on the case docket, this matter has a defect in the institution of the prosecution and must be dismissed.
This Court may have jurisdiction of the subject matter, and may have jurisdiction of the case,however the Clerk and this Court do not have jurisdiction over the person until such time as the Court serves a summons to the Defendant and completes the service on the Defendant. Since the Court docket fails to show completed service of summons on the Defendant, the matter is not ripe for prosecution and must be dismissed.
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing Notice was mailed/faxed to the prosecuting attorney, _____________________at xxx-555-1234 on January ____, 20____.