2.10.120 Proof of service.
Initial pleadings/petitions, including ex-parte requests and proposed orders of initial pleadings/petitions, shall be subject to subsection (a) of this section. All other pleadings, briefs, responses, memoranda, proposed orders, or agency reports filed in any proceeding in this Court shall have attached to the last page a proof of service, signed by a person 18 years or older who is not a party to the case, stating that copies have been served on all parties or their attorney/advocate, either in person or by mailing to a true and correct address (as set forth in the pleading); or by email or facsimile transmission with a true copy to follow by mail no later than two days from the date of the emailed/faxed copy.
(a) Initial pleadings/petitions must be served as follows:
(1) Personal service is required for all initiating pleadings or petitions filed with the Court Clerk. Good faith attempts for personal service must be recorded in any affidavit regarding impracticality of personal service.
(2) Certified mail is only allowed where good faith attempts have been documented and an affidavit detailing those attempts is filed. The Court Clerk will then conduct the mailing of the initial pleadings/petitions via certified mail and return a copy of the return receipt to the filing party.
(A) Protective orders (including civil harassment, domestic violence, and elder protective actions) cannot be served by any other means than personal service.
(B) Service by certified mail without the filing of an affidavit of good faith as required will not be considered proper service and will be rejected as invalid.
(3) Service via publication requires prior approval of the Court.
(A) A request for publication must be filed after the initiating paperwork and must be accompanied by an affidavit of good faith attempts at personal service or fruitlessness of personal service, as well as a proposed order authorizing service via publication.
(B) Publication performed prior to receipt of an order authorizing service via publication is not proper service and any proof of service via publication filed prior to obtaining the Court’s approval will be rejected as invalid. The exception to this subsection is the publication for a name change which is required by the name change ordinance.
(4) Initial pleadings or petitions that are subsequently amended prior to the first Court hearing also require personal service.
(b) Responsive or subsequent filings (including motions):
(1) Personal service is acceptable but is not required.
(2) Service via United States Postal Service is acceptable; certified mail is preferred. Email service is acceptable with approval from the other party. Publication requires prior approval of the Court.
(A) A request for publication must be filed with the paperwork and be accompanied by an affidavit of good faith attempts at personal and/or certified mail service or fruitlessness of attempts at service, as well as a proposed order authorizing service via publication.
(B) Publication for responses is not preferred and also is not permitted without approval. If service via publication is performed prior to receipt of an order authorizing service via publication, it is not proper service and any proof of service via publication filed prior to obtaining the Court’s approval will be rejected as invalid.
In any event, proof of service of summons, whether for civil or for criminal litigation, shall be served on all parties no later than 30 days prior to the original trial date, unless exigent circumstances exist and/or the served party waives the right to said service. Any party who is not served in a timely fashion may request a continuance. Proof of service must be filed with the Court specifying the date, place and manner of service at least three court days prior to the date of the hearing. [Ord. 81, amended, 1/6/2023; Ord. 63, amended, 12/6/2019; Rule mod. dated 8/2018 dated 8/2018; Ord. 48 § 2.7, amended, 1/6/2017; Ord. 26, amended, 4/1/2012; Ord. 19, amended, 10/22/2008.]