Revivor Procedure-Judge Jerry McBride

PROCEDURES FOR REVIVOR

IN CASES ASSIGNED TO JUDGE McBRIDE

 

  1. File motion for revivor with clerk. Give copy to judge.
  2. Obtain date for hearing on revivor in 6-8 weeks from Assignment Commissioner.
  3. Submit conditional order of revivor to judge for signature- setting hearing date and giving the debtor the opportunity to show cause why the judgment should not be revived See R.C. 2325.17.
  4. Submit order of revivor (with necessary copies) to judge finding that sufficient cause has not been shown why judgment should not be revived. (For signature at time of hearing).
  5. File praecipe for service of motion and conditional order on judgment debtor in same form and manner as provided for service of summons of civil complaint. Summons must command the judgment debtor to serve and file a response to the motion within the same time as provided for service and filing of an answer to a complaint and shall notify the judgment debtor that in case of failure to respond the judgment shall be revived.  See Civ.R. 4(F).  If service by publication is necessary, see R.C. 2325.16.
  6. Attend hearing on revivor.