Ohio AO-440 Summons in a Civil Action
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How to fill out AO-440 Summons In A Civil Action?
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Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or ?serve?) one to the plaintiff or plaintiff's attorney. The plaintiff is the debt collector, creditor, or law firm suing you.
You must include the name of the court and county, the name and address of the person who sued you (plaintiff), your name and address (defendant), and the case number and name of the judge. Use the first page of the complaint as a guide to format this information.
Rule 4 - Process: Summons (A) Summons: issuance. Upon the filing of the complaint the clerk shall forthwith issue a summons for service upon each defendant listed in the caption. Upon request of the plaintiff separate or additional summons shall issue at any time against any defendant.
Rule 12(f) provides in relevant part that on motion or sua sponte, ?[t]he court may strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter.? If Lexis annotations are a guide, relatively few litigants file Rule 12(f) motions on those grounds?and with good reason.
In Ohio, a defendant must respond within 28 days after being served the summons and complaint or after completion of service by publi- cation (Ohio Civ. R. Rule 12).
A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.
Whenever a defendant in a criminal case proposes to offer evidence or argue self-defense, defense of another, or defense of that person's residence, the defendant shall, not less than thirty days before trial in a felony case and fourteen days before trial in a misdemeanor case, give notice in writing of such intent.
Rule 12(A) Presiding Judge. The filming, videotaping, recording, or taking of photographs of victims or witnesses who object shall not be permitted. After consultation with the media the judge specifies the locations within the courtroom where operators and equipment may be located.