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William B. Esq.
William B. Esq., Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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Hello, Im located in Denmark and have received a court order

Resolved Question:

Hello, Im located in Denmark and have received a court order from Court of Ohio to participate in a "motion to compel hearing" on May 1st. Since I received this court order very late with very short notice, I would like to ask if there are any time limits in USA whereas a court order has to be presented to me, in order to demand that I shall change all my plans and pay a fortune for a plane ticket to USA with such short notice. Here in Europe, the law says that a court order has to be presented by registred mail latest 10 days prior to court date - brgds Jan hougaard
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. There are rules for timing of hearings in the US. The rules in Ohio State Court can be found here (these are the complete rules for your reference in your matter: http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf). A written motion must be served on all parties a minimum of seven days prior to the scheduled hearing date (Rule 6C).


For your upcoming hearing, you may be able to appear telephonically. Check with the Court Clerk's office and see if you can arrange this service (many attorneys appear telephonically in the US for different hearings only a few miles away depending on what the Court will allow.


I hope the above is helpful, I wish you the best of luck with this motion. If you have any questions please let me know. Best regards, Bill.

Customer: replied 1 year ago.

Thanks for your response - are there rules saying how a court order need to be served to me - in this case, a copy has been forwarded by email to me and also by normal mail - here in Europe it has to be served to you personally and you have to sign for receipt of ref court order.?? b.rgds Jan Hougaard

Expert:  William B. Esq. replied 1 year ago.
Hello, Ohio Code of Civil Procedure Rule 5B (you can refer to the same PDF for the full text) allows service by e-mail or US Mail. There is no requirement for a return receipt. Best regards, Bill
Customer: replied 1 year ago.

When reading rule 4.5 in ref PDF file, its states that if the person is located in a foreign country, a court order has to be served in personal and has to be signed for, unless I have been reading the text incorrectly ???

Expert:  William B. Esq. replied 1 year ago.
Rule 4.5 applies to the Summons and Complaint, not a motion. If you are already a party to the action, the other rules of service would apply (you are under the jurisdiction of the Court).

If you are not a party to the action, (not a plaintiff or defendant, or have not otherwise appeared in the case) - then Rule 4.5 would apply.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 4195
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 6 other Legal Specialists are ready to help you
Expert:  William B. Esq. replied 1 year ago.

Dear Customer,

Thank you for the kind rating, it is greatly appreciated. I wish you the best of luck with this matter. If you have further questions regarding this type of issue, or any other legal matter, please do not hesitate to use our service in the future. You may post a question for any of our experts in general, or to me directly by titling your question “To CalAttorney 2…”

Best regards, and thank you,

Bill

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William B. Esq.
William B. Esq.
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1992 Satisfied Customers
Civil litigation attorney for individuals and businesses.