IN RE: SERVICE BY PUBLICATION
In order that we may best serve you, we request your assistance with regard to the filing of complaints requiring service by publication in all courts.
The Ohio Civil Rules Procedure, Rule 4.4 Process: Service by publication, Section (A) states in part that the notice by publication shall contain the last known address, if any, of the person or persons whose residence is unknown. In order that we may identify the last known address to use in the public notice, we are suggesting that attorneys include the last known address in their Affidavit for Service by Publication.
See Pistner v. Baxter, 2 Ohio App.3d. 69.
IN THE COURT OF COMMON PLEAS, file the original Affidavit for Service by Publication and a copy of the Affidavit with a time-stamped copy of the complaint attached. The Clerk of Court will foward the copy to Daily Legal News. This request applies whether you file the Affidavit at the time you file the complaint with the Court, or if you file the Affidavit at a later date.
COMMON PLEAS COURT requires a deposit as follows: Divorce Actions $200.00; Civil Actions $150.00; Foreclosure Actions $250.00.
In the PROBATE COURT and the CLEVELAND MUNICIPAL COURT, in addition to filing with the Clerk the Affidavit for Service by Publication, please supply the Daily Legal News representative on site with a copy of the Affidavit and complaint. This request applies whether you file the Affidavit at the time you file the complaint with the Court, or if you file the Affidavit at a later date. Your doing so will expedite the handling of the Legal News notice, and will help us to avoid inadvertently missing the Notice.
Causes of action in the Suburban Municipal Courts should be verified by the attorney requesting publication that it meets all requirements of Local Rules.
PROBATE COURT, CLEVELAND MUNICIPAL COURT and the SUBURBAN MUNICIPAL COURTS require that the publication fees be paid in advance. Upon receipt of the Affidavit and copy of the complaint, we will send you an invoice for the cost of publication. Upon receipt of payment, we will commence publication.
It is further suggested that if you have not received a service sheet with a copy of your ad or an invoice for publication costs following the filing of an Affidavit for Service by Publication within five (5) working days, or have any questions concerning the above, contact Richard Karlovec at 216-696-3322 or e-mail email@example.com.
PLEASE ADVISE ALL OFFICE ATTORNEYS, SECRETARIES AND DOCKET CLERKS of the need for the EXTRA COPY to be supplied to our representatives in the Courts.
RICHARD KARLOVEC, Daily Legal News.
Nancy Roessler (Probate Court);
Mary Mathis (Common Pleas and Cleveland Municipal Court).)
Affidavits for Service by Publication
Download a PDF of a blank Affadavit for Service by Publication to file with the court:
- Cuyahoga County Common Pleas Court - Also for use with Domestic Relations Division.
- Cuyahoga County Probate Court
- Cuyahoga County Probate Court - Unknown Heirs