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CERTIFICATE OF SERVICE WHEN NOT REQUIRED.........

Cincinnati, OH |

This is a three part questions:

1. If the defendants have not responded to summons or the compliant via postal channels and litigants proceeding Pro Se; if I file motions to the court is Certificate of Service Required?

2. If filing Motions Ex Part is Certificate Service Required?

3. Are there penalties for not providing Certificate of service were neither of the above stands for any grounds?

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Attorney answers 1

Posted

You should always include a certification of service just to be safe. Not including a certificate of service could lead the court to strike your filing, i.e. basically throw your paperwork in the garbage.

Suing multiple defendants without an attorney makes things more difficult, but if it isn't cost effective to hire an attorney, i.e. the amount of the dispute is a low dollar amount, perhaps it is the best way to proceed.

Asker

Posted

Your correct, I am however motioning the court for appointment of counsel. Also many of my motions were filed Ex Parte. I have been relying on the below civil rules related to Ex Parte filings. (b) Certificate of Service. Each document other than one filed ex parte shall be accompanied by a certificate of service indicating the date and manner of services and a statement that copies of documents required to be served by Fed.R.Civ.P. 5(a) have been served.

Donald Michael Gallick

Donald Michael Gallick

Posted

A court cannot appoint counsel for a civil plaintiff. If this is a civil dispute involving a serious matter, I recommend looking for an experienced civil litigator to represent you in this case.

Andrew A Esposito

Andrew A Esposito

Posted

Attorney Gallick is spot on. I would also add, make sure you are using the correct rules of civil procedure. If your matter is a state court you should be using the Ohio Rules of Civil Procedure, not the Federal Rules. If you are truly serious about your claims, you should look into hiring counsel.

Asker

Posted

Thank you all, I am currently unable to hire an attorney at this present moment, my case is a Federal Law Sue of Copyright Infringement. My sound recordings were reaching it's statue of limitations which was the reason I had to start my law sue Pro Se. I am taking my best try at this for the moment until my funding allows for payment of counsel. This forum has been a valued source.

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