Scioto County Court of Common Pleas, General Division Service and Proof of Service Rules

CRITICALCivil cases

A civil action is commenced by filing a complaint, provided service is obtained within one year on a named defendant or on an incorrectly or fictitiously named defendant whose name is later corrected as specified.

A civil action is commenced by filing a complaint with the court, if service is obtained within one year from such filing upon a named defendant, or upon an incorrectly named defendant whose name is later corrected pursuant to Civ.R. 15(C), or upon a defendant identified by a fictitious name whose name is later corrected pursuant to Civ.R. 15(D).

CRITICALCivil cases

Applies to

Notice of limited appearance

The Notice of Limited Appearance must be filed and served under Civ.R. 5 before or when the attorney makes the appearance.

An attorney’s role may be limited in scope, as authorized by Prof.Cond.R. 1.2(c), if that scope is specifically described in a “Notice of Limited Appearance” stating that the limited appearance has been authorized by the party for whom the appearance is made, and filed and served in accordance with Civ.R. 5 prior to or at the time of any such appearance.

CRITICALCivil cases

Applies to

Notice of completion of limited appearance

A limited appearance terminates without leave of court when the attorney files and serves a Notice of Completion of Limited Appearance under Civ.R. 5 on all parties, including the represented party.

The attorney’s limited appearance terminates without the necessity of leave of court, upon the attorney filing a “Notice of Completion of Limited Appearance” filed and served upon all parties, including the party for whom the appearance was made, in accordance with Civ.R. 5.

CRITICALCivil cases

Applies to

Notice of completion of limited appearance

The Notice of Completion of Limited Appearance must be served in accordance with Civ.R. 5 as a condition of withdrawal without leave of court.

While normally leave of court is required if an attorney seeks to withdraw from representation, under this provision, leave of court is not required for withdrawal from the case at the conclusion of a properly noticed limited appearance, provided the attorney files and serves the proper Notice of Completion of Limited Appearance in accordance with Civ.R. 5.

CRITICALCivil cases

Applies to

Summons

Each summons must have a copy of the complaint attached, and the plaintiff must provide the clerk with sufficient copies.

A copy of the complaint shall be attached to each summons. The plaintiff shall furnish the clerk with sufficient copies.

CRITICALCivil cases

An individual’s own waiver is valid only if it provides a mailing or email address, which is deemed a proper address for service under Civ.R. 5.

A waiver signed by an individual on that individual’s own behalf is valid only if the waiver sets forth a mailing address or e-mail address for that individual, which shall be deemed a proper address for service under Civ.R.5.

CRITICALCivil cases

If summons and complaint are not served within six months after filing and good cause is not shown, the action must be dismissed without prejudice as to that defendant, except for the specified out-of-state and foreign-country service.

If a service of the summons and complaint is not made upon a defendant within six months after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court's own initiative with notice to such party or upon motion. This division shall not apply to out-of-state service pursuant to Rule 4.3 or to service in a foreign country pursuant to Rule 4.5.

CRITICALCivil cases

Applies to

Summons

For a motion to revive a dormant judgment, a summons must be issued for each judgment debtor, include the motion, follow the form and service rules for summons with complaint, and set out the response requirement and consequence of failing to respond.

Upon the filing of a motion to revive a dormant judgment the clerk shall forthwith issue a summons for service upon each judgment debtor. The summons, with a copy of the motion attached, shall be in the same form and served in the same manner as provided in these rules for service of summons with complaint attached, shall command the judgment debtor to serve and file a response to the motion within the same time as provided by these rules 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 will be revived.

CRITICALCivil cases

Service

Mail

Unless another method is permitted, process is served by U.S. certified or express mail with a return receipt and specified delivery information.

Evidenced by return receipt signed by any person accepting delivery, service of any process accepting delivery shall be by United States certified or express mail unless otherwise permitted by these rules. The clerk shall deliver a copy of the process and complaint or other document to be served to the United States Postal Service for mailing at the address set forth in the caption or at the address set forth in written instructions furnished to the clerk as certified or express mail return receipt requested, with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered.

CRITICALCivil cases

The clerk must promptly docket delivery and receipt information, notify the appropriate person of failed delivery, record that notification, and file the return receipt or returned envelope.

The clerk shall forthwith enter on the appearance docket the fact of delivery to the United States Postal Service for mailing or the fact of delivery to a specified commercial carrier service for delivery, and make a similar entry when the return receipt is received. If the return shows failure of delivery, the clerk shall forthwith notify the attorney of record or, if there is no attorney of record, the party at whose instance process was issued and enter the fact and method of notification on the appearance docket. The clerk shall file the return receipt or returned envelope in the records of the action.

CRITICALCivil cases

Service

Personal service

When the plaintiff requests personal service in writing, process must be served personally.

When the plaintiff files a written request with the clerk for personal service, service of process shall be made by that method.

CRITICALCivil cases

Service

Personal service

The clerk shall deliver process for personal service to the specified sheriff or bailiff, or to a court-designated civil process server.

When process issued from the Supreme Court, a court of appeals, a court of common pleas, or a county court is to be served personally under this division, the clerk of the court shall deliver the process and sufficient copies of the process and complaint, or other document to be served, to the sheriff of the county in which the party to be served resides or may be found. When process issues from the municipal court, delivery shall be to the bailiff of the court for service on all defendants who reside or may be found within the county or counties in which that court has territorial jurisdiction and to the sheriff of any other county in this state for service upon a defendant who resides in or may be found in that other county. In the alternative, process issuing from any of these courts may be delivered by the clerk to a person designated by court order to serve civil process under division (E) of this rule.

CRITICALCivil cases

Service

Personal service

The process server must locate and tender the process and accompanying documents, then endorse completed service and return the process to the clerk for docketing.

The person serving process shall locate the person to be served and shall tender a copy of the process and accompanying documents to the person to be served. When the copy of the process has been served, the person serving process shall endorse that fact on the process and return it to the clerk, who shall make the appropriate entry on the appearance docket.

CRITICALCivil cases

Service

Personal service

If personal service cannot be completed within 28 days, the server must endorse the failure and its reasons, return the process and copies to the clerk, and the clerk must make a docket entry and follow the failure-of-service notification procedure.

When the person serving process is unable to serve a copy of the process within twenty-eight days, the person shall endorse that fact and the reasons therefor on the process and return the process and copies to the clerk who shall make the appropriate entry on the appearance docket. In the event of failure of service, the clerk shall follow the notification procedure set forth in division (A)(2) of this rule.

CRITICALCivil cases

When the plaintiff submits a written request to the clerk for residence service, process must be served by that method.

When the plaintiff files a written request with the clerk for residence service, service of process shall be made by that method.

CRITICALCivil cases

When process is to be served under this division, deliver the process and sufficient copies of the process and complaint, or other document to be served, to the sheriff of the county in which the party to be served resides or may be found.

When process is to be served under this division, deliver the process and sufficient copies of the process and complaint, or other document to be served, to the sheriff of the county in which the party to be served resides or may be found.

CRITICALCivil cases

For municipal-court process, deliver it to the court bailiff for defendants in the court’s territorial jurisdiction and to the sheriff of any other in-state county where a defendant resides or may be found.

When process issues from the municipal court, delivery shall be to the bailiff of the court for service on all defendants who reside or may be found within the county or counties in which that court has territorial jurisdiction and to the sheriff of any other county in this state for service upon a defendant who resides in or may be found in that county.

CRITICALCivil cases

Residence service is made by leaving the process and accompanying document at the person’s usual residence with a suitable resident of suitable age and discretion.

The person serving process shall effect service by leaving a copy of the process and the complaint, or other document to be served, at the usual place of residence of the person to be served with some person of suitable age and discretion then residing therein.

CRITICALCivil cases

After service, the process server must endorse the service on the process and return it to the clerk for an appearance-docket entry.

When the copy of the process has been served, the person serving process shall endorse that fact on the process and return it to the clerk, who shall make the appropriate entry on the appearance docket.

CRITICALCivil cases

If service cannot be completed within 28 days, the server must endorse the failure and its reasons on the process and return the process and copies to the clerk for docket entry.

When the person serving process is unable to serve a copy of the process within twenty-eight days, the person shall endorse that fact and the reasons therefor on the process, and return the process and copies to the clerk, who shall make the appropriate entry on the appearance docket.

CRITICALCivil cases

If service fails, the clerk must follow the notification procedure in division (A)(2).

In the event of failure of service, the clerk shall follow the notification procedure set forth in division (A)(2) of this rule.

CRITICALCivil cases

An applicant for appointment as a civil process server must certify under the listed requirements, including age, eligibility, identification, criminal and protection-order status, procedural familiarity, and professionalism.

To qualify as a civil process server for personal or residence service under divisions (B) or (C) of this rule, an applicant shall certify the applicant satisfies each of the following requirements: ===== PAGE 20 ===== (1) Not less than eighteen years of age; (2) Not a party to the proceeding, related to a party to the proceeding, or having a financial interest in the outcome of the proceeding; (3) A United States citizen or a legal resident of the United States; (4) Hold a valid government-issued identification card, passport, or driver’s license; (5) Not convicted in the last ten years of any felony, offense of violence, or offense involving dishonesty or false statement, and not currently under community control sanctions, probation, post-release control, or parole; (6) Not currently a respondent under any civil protection order; (7) Familiar with the required procedure for service of process; (8) Will conduct themself in a professional manner.

CRITICALCivil cases

The appointment order must provide that the appointee’s authority to serve ends if the appointee ceases to satisfy the listed requirements during the appointment.

The order shall provide that if the appointed person fails to satisfy the requirements set forth under division (D) of this rule during the period of appointment, the authority to serve process under the order shall cease.

CRITICALCivil cases

A process server seeking appointment beyond one year must reapply under the rule.

Continued appointment beyond one year shall require reapplication as set forth in this rule.

CRITICALCivil cases

A person designated by the court may serve process only by personal service or residence service.

Divisions (B) and (C) are amended to make clear that the methods of service of process permitted to be made by a person designated by the court are limited to personal service and residence service.

CRITICALCivil cases

The clerk may use a commercial carrier as an alternative to United States certified or express mail for service of process.

Division 4.1(A)(1)(b) of this rule was adopted in 2012 to provide the clerk with an option to make service of process by a commercial carrier service as an alternative to service by United States certified or express mail.

CRITICALCivil cases

Service

Mail

The serving party may instruct the clerk in writing to use certified or express mail, which makes the commercial-carrier option unavailable for the initial service attempt.

Under certain circumstances, the serving party may prefer that service be made by U.S. mail. Therefore, the provisions of Civ.R. 4.1(A)(1)(b) are amended to permit the serving party to furnish written instructions to the clerk that service be made by United States certified or express mail pursuant to Civ.R. 4.1(A)(1)(a), in which case the commercial carrier option is not available to the clerk for the initial attempt to make service of process.

CRITICALCivil cases

For existing special-process-server appointment orders, courts must ensure the server meets the new appointment criteria before or when the order is renewed.

For appointment orders in place on the effective date of this amendment, courts shall ensure that the appointed server satisfies the new criteria for appointment before or upon the renewal of that order.

CRITICALCivil cases

Service

Personal service

An individual who is at least sixteen and not incompetent must be served directly.

(A) Upon an individual, other than a person under sixteen years of age or an incompetent person, by serving the individual;

CRITICALCivil cases

A person under sixteen may be served through a guardian or specified caregiver, or directly if the person has no guardian and does not live with a parent or caregiver.

(B) Upon a person under sixteen years of age by serving either the person’s guardian or any one of the following persons with whom the person to be served lives or resides: a parent or the individual having the care of the person; or by serving the person if the person neither has a guardian nor lives or resides with a parent or a person having his or her care;

CRITICALCivil cases

An incompetent person must be served through a guardian or the person identified in division (E), unless no guardian has been appointed and the person is not confined or committed, in which case the person may be served directly.

(C) Upon an incompetent person by serving either the incompetent's guardian or the person designated in division (E) of this rule, but if no guardian has been appointed and the incompetent is not under confinement or commitment, by serving the incompetent;

CRITICALCivil cases

An individual confined in a state or subdivision penal institution is served directly, except that a person under sixteen is served under division (B).

(D) Upon an individual confined to a penal institution of this state or of a subdivision of this state by serving the individual, except that when the individual to be served is a person under sixteen years of age, the provisions of division (B) of this rule shall be applicable;

CRITICALCivil cases

An incompetent person confined in a specified institution or committed by court order is served through the institution’s superintendent or similar official, or the person with custody.

(E) Upon an incompetent person who is confined in any institution for the mentally ill or mentally deficient or committed by order of court to the custody of some other institution or person by serving the superintendent or similar official of the institution to which the incompetent is confined or committed or the person to whose custody the incompetent is committed;

CRITICALCivil cases

A domestic or foreign corporation may be served through its authorized agent, at a usual place of business by a method authorized under Civ.R. 4.1(A)(1), or through an officer or managing or general agent.

(F) Upon a corporation either domestic or foreign: by serving the agent authorized by appointment or by law to receive service of process; or by serving the corporation at any of its usual places of business by a method authorized under Civ.R. 4.1(A)(1); or by serving an officer or a managing or general agent of the corporation;

CRITICALCivil cases

A limited liability company may be served through its authorized agent, at a usual place of business by a method authorized under Civ.R. 4.1(A)(1), or through a manager or member.

(G) Upon a limited liability company by serving the agent authorized by appointment or by law to receive service of process; or by serving the limited liability company at any of its usual places of business by a method authorized under Civ.R. 4.1(A)(1); or by serving a manager or member;

CRITICALCivil cases

A partnership, limited partnership, or limited partnership association may be served at a usual place of business by a method authorized under Civ.R. 4.1(A)(1), or through a partner, limited partner, manager, or member.

(H) Upon a partnership, a limited partnership, or a limited partnership association by serving the entity at any of its usual places of business by a method authorized under Civ.R. 4.1(A)(1) or by serving a partner, limited partner, manager, or member;

CRITICALCivil cases

An unincorporated association may be served in its entity name at a usual place of business by a method authorized under Civ.R. 4.1(A)(1), or by serving one of its officers.

(I) Upon an unincorporated association by serving it in its entity name at any of its usual places of business by a method authorized under Civ.R. 4.1(A)(1); or by serving an officer of the unincorporated association;

CRITICALCivil cases

A professional association may be served in its corporate name at the place where its corporate offices are maintained by a method authorized under Civ.R. 4.1(A)(1), or by serving a shareholder.

(J) Upon a professional association by serving the association in its corporate name at the place where the corporate offices are maintained by a method authorized under Civ.R. 4.1(A)(1); or by serving a shareholder;

CRITICALCivil cases

The state or a covered state department, office, or institution may be served through its responsible administrative officer or the state attorney general.

(K) Upon this state or any one of its departments, offices and institutions as defined in division (C) of section 121.01 of the Revised Code, by serving the officer responsible for the administration of the department, office or institution or by serving the attorney general of this state;

CRITICALCivil cases

A county or one of its listed units may be served through its responsible administrative officer or the county prosecuting attorney.

(L) Upon a county or upon any of its offices, agencies, districts, departments, institutions or administrative units, by serving the officer responsible for the administration of the office, agency, district, department, institution or unit or by serving the prosecuting attorney of the county;

CRITICALCivil cases

A township may be served through one or more trustees, the township clerk, or the county prosecuting attorney, except that a Chapter 504 township may instead be served through its law director.

(M) Upon a township by serving one or more of the township trustees or the township clerk or by serving the prosecuting attorney of the county in which the township is located, unless the township is organized under Chapter 504. of the Revised Code, in which case service may be made upon the township law director;

CRITICALCivil cases

A municipal corporation or one of its listed units may be served through its responsible administrative officer or the city solicitor or comparable legal officer.

(N) Upon a municipal corporation or upon any of its offices, departments, agencies, authorities, institutions or administrative units by serving the officer responsible for the administration of the office, department, agency, authority, institution or unit or by serving the city solicitor or comparable legal officer;

CRITICALCivil cases

An unlisted governmental entity may be served through its responsible person, officer, group, or body, or its appropriate legal officer; serving any member of the responsible group or body is sufficient.

(O) Upon any governmental entity not mentioned above by serving the person, officer, group or body responsible for the administration of that entity or by serving the appropriate legal officer, if any, representing the entity. Service upon any person who is a member of the "group" or "body" responsible for the administration of the entity shall be sufficient.

CRITICALCivil cases

A covered address confidentiality program participant may be served through the Secretary of State under Civ.R. 4 through 4.6, except by service by publication under Civ.R. 4.4(A).

Service of process pursuant to Civ.R. 4 through 4.6, except service by publication as provided in Civ.R. 4.4(A), may be made upon an address confidentiality “program participant,” as defined by R.C. 111.41(G), by serving the Secretary of State.

CRITICALCivil cases

The clerk may serve process or other documents outside the state using the methods in Civ.R. 4.1(A)(1) through (3).

The clerk may make service of process or other documents to be served outside the state in the same manner as provided in Civ.R. 4.1(A)(1) through Civ.R. 4.1(A)(3).

CRITICALCivil cases

Service

Personal service

When the court orders personal service outside the state, a court-designated person at least eighteen years old who is not a party must locate the person to be served and tender copies of the process and accompanying documents.

When ordered by the court, a "person" as defined in division (A) of this rule may be personally served with a copy of the process and complaint or other document to be served. Service under this division may be made by any person not less than eighteen years of age who is not a party and who has been designated by order of the court to make personal service of process. On request, the clerk shall deliver the summons to the plaintiff for transmission to the person who will make the service. The person serving process shall locate the person to be served and shall tender a copy of the process and accompanying documents to the person to be served.

CRITICALCivil cases

The clerk may serve process outside the state using a commercial carrier method that requires a signed receipt.

The substantive changes (1) permit the clerk to make service of process outside the state using a commercial carrier service to make delivery by any method requiring a signed receipt

CRITICALCivil cases

Service

Personal service

A person designated by the court may serve process only by personal service.

make clear that the method of service of process permitted to be made by a person designated by the court is limited to personal service.

CRITICALCivil cases

Service

Personal service

The person serving process must locate the person to be served and tender the process and accompanying documents to that person.

The person serving process shall locate the person to be served and shall tender a copy of the process and accompanying documents to the person to be served

CRITICALCivil cases

Service

Publication

When a party’s residence is unknown, service must be made by publication where authorized by law, except in actions or proceedings governed by division (A)(2).

Except in an action or proceeding governed by division (A)(2) of this rule, when service of process is required upon a party whose residence is unknown, service shall be made by publication in actions where such service is authorized by law.

CRITICALCivil cases

Service

Publication

After the affidavit is filed, the clerk must publish notice in a newspaper of general circulation in the filing county, or in an adjoining county if none is published in the filing county.

Upon the filing of the affidavit, the clerk shall cause service of notice to be made by publication in a newspaper of general circulation in the county in which the action or proceeding is filed. If no newspaper is published in that county, then publication shall be in a newspaper published in an adjoining county.

CRITICALCivil cases

Service

Publication

Publication must occur at least once a week for six consecutive weeks unless law specifically provides for fewer weeks.

The publication shall be published at least once a week for six successive weeks unless publication for a lesser number of weeks is specifically provided by law.

CRITICALCivil cases

Service

Publication

Service by publication is complete on the date of the final publication.

Service of process shall be deemed complete at the date of the last publication.

CRITICALCivil cases

Service

Publication

After the final publication, the publisher or its agent must file an affidavit showing publication and a copy of the notice, which together constitute proof of service.

After the last publication, the publisher or its agent shall file with the court an affidavit showing the fact of publication together with a copy of the notice of publication. The affidavit and copy of the notice shall constitute proof of service of process.

CRITICALCivil cases

Service

Publication

When the residence is unknown, the matter is not governed by Civ.R. 65.1, and the requesting party proceeds with a poverty affidavit, service by publication must be made by posting and mail.

If the residence of the party upon whom service is sought is unknown; and, (ii) if the matter is not governed by Civ.R. 65.1; and, (iii) If the party requesting service upon another party is proceeding with a poverty affidavit; service by publication shall be made by posting and mail.

CRITICALCivil cases

Service

Publication

Before posting-and-mail service under division (A)(2)(a), the requesting party or counsel must file an affidavit containing the division (A)(1) averments and the defendant’s last known address.

Before service by posting and mail can be made under this division (A)(2)(a), an affidavit of the party requesting service or that party's counsel shall be filed with the court. The affidavit shall contain the same averments required by division (A)(1) of this rule and, in addition, shall set forth the defendant's last known address.

CRITICALCivil cases

Service

Publication

After the affidavit is filed, the clerk must post notice conspicuously in the specified courthouse or courthouses and in two additional public places designated by local rule.

Upon the filing of the affidavit, the clerk shall cause service of notice to be made by posting in a conspicuous place in the courthouse or courthouses in which the general and domestic relations divisions of the court of common pleas for the county are located and in two additional public places in the county that have been designated by local rule for the posting of notices pursuant to this rule.

CRITICALCivil cases

Service

Publication

The posted notice must contain the information required for newspaper publication and remain posted for six successive weeks.

The notice shall contain the same information required by division (A)(1) of this rule to be contained in a newspaper publication. The notice shall be posted for six successive weeks.

CRITICALCivil cases

Service

Publication

Before posting-and-mail service under division (A)(2)(b), the requesting party or counsel must file an affidavit containing the division (A)(1) averments and the party’s last known address.

Before service by posting and mail can be made under this division (A)(2)(b), an affidavit of the party requesting service or that party's counsel shall be filed with the court. The affidavit shall contain the same averments required by division (A)(1) of this rule and, in addition, shall set forth the last known address of the party to be served.

CRITICALCivil cases

Service

Publication

After the affidavit is filed in a civil protection order proceeding, the clerk must post notice conspicuously in the specified courthouse or courthouses and in two additional public places designated by local rule.

Upon the filing of the affidavit, the clerk shall cause service of notice to be made by posting in a conspicuous place in the courthouse or courthouses within the county where Civ.R. 65.1 civil protection order proceedings may be filed and in two additional public places in the county that have been designated by local rule for the posting of notices pursuant to this rule.

CRITICALCivil cases

Service

Publication

Postings under division (A)(2)(b) may not be made on the clerk of courts’ website.

The postings under this division (A)(2)(b) shall not be made on the website of the clerk of courts.

CRITICALCivil cases

Service

Mail

For posting-and-mail service under either division (A)(2)(a) or (A)(2)(b), the clerk must also send the service documents by United States ordinary mail, address correction requested, to the party’s last known address.

When service by publication is sought by posting and mail under either division (A)(2)(a) or division (A)(2)(b) of this rule, the clerk shall also cause the documents for service to be mailed by United States ordinary mail, address correction requested, to the last known address of the party to be served.

CRITICALCivil cases

Service

Mail

The clerk must obtain a United States Postal Service certificate of mailing.

The clerk shall obtain a certificate of mailing from the United States Postal Service.

CRITICALCivil cases

Service

Mail

If the clerk receives a corrected or forwarding address during the six-week posting period, the clerk must mail the service documents to that address.

If the clerk is notified of a corrected or forwarding address of the party to be served within the six-week period that notice is posted pursuant to division (A)(2)(a) or division (A)(2)(b) of this rule, the clerk shall cause the documents for service to be mailed to the corrected or forwarding address.

CRITICALCivil cases

Service

Publication

Service is complete when the posting entry is made on the docket.

Service shall be complete upon the entry of posting.

CRITICALCivil cases

When the party’s residence is known in an action authorizing publication, service must use the applicable nonpublication method under Civ.R. 4.1, 4.3(B), or 4.5.

If the residence of a party to be served is known, and the action is one in which service by publication is authorized by law, service of process shall be effected by a method other than by publication as provided by: (1) Civ.R. 4.1, if the party to be served is a resident of this state, (2) Civ.R. 4.3(B) if party to be served is not a resident of this state, or (3) Civ.R. 4.5, in the alternative, if service on party to be served is to be effected in a foreign country.

CRITICALCivil cases

Service

Publication

If service cannot be effected under the specified provisions, service must proceed by publication.

If service of process cannot be effected under the provisions of this subdivision or Civ.R. 4.6(C) or Civ.R. 4.6(D), service of process shall proceed by publication.

CRITICALCivil cases

Service

Publication

Publication by posting is an appropriate method of service in Civ.R. 65.1 civil protection order proceedings when the conditions in division (A)(2) are met.

Division (A)(2) of this rule is amended to provide that publication by posting service of process is an appropriate method of service in Civ.R. 65.1 civil protection order proceedings under the conditions described in that division of the rule.

CRITICALCivil cases

Service

Publication

Protection orders issued under Civ.R. 65.1 cannot be served by posting on the clerk of courts’ website.

It is to be noted that the alternative method of posting on the website of the clerk of courts is not available for service of protection orders issued pursuant to Civ.R. 65.1.

CRITICALCivil cases

Service

Publication

After publication, the time to appear or respond is twenty-eight days unless another time is set for responding to the pleading or other document.

The rule is amended to provide “within twenty-eight days after the publication or at such other time after the publication that is set as the time to appear or within which to respond after service of such pleading or other document.”

CRITICALCivil cases

Service

Publication

Posting on the clerk of courts’ website is prohibited.

• Posting on the website of the clerk of courts is prohibited.

CRITICALCivil cases

When the foreign country is a Hague Convention signatory, service must use a method allowed by the Convention, including unobjected-to methods under Articles 8 or 10.

If the foreign country is a signatory to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, service shall be pursuant to a method allowed by the Articles of that Convention, including any method allowed by Article 8 or Article 10 to which the foreign country has not objected in accordance with Article 21.

CRITICALCivil cases

When Rule 4.5(A) does not apply, service may use the methods in Civ.R. 4.3(B)(1) or, if applicable, Civ.R. 4.4, as well as the additional methods listed in Rule 4.5(B).

In all cases to which division (A) does not apply, service may be made in a manner provided by Civ.R. 4.3(B)(1) or, if applicable, Civ.R. 4.4, and may also be made:

CRITICALCivil cases

Service may follow the foreign country’s law for service in an action in a court of general jurisdiction when calculated to give actual notice.

(1) In the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction when service is calculated to give actual notice;

CRITICALCivil cases

Service may be made as directed by the foreign authority in response to a letter rogatory when calculated to give actual notice.

(2) As directed by the foreign authority in response to a letter rogatory when service is calculated to give actual notice;

CRITICALCivil cases

Service

Personal service

Service on an individual may be made by personal delivery.

(3) Upon an individual by delivery to him or her personally;

CRITICALCivil cases

Service

Personal service

Service on a corporation, partnership, or association may be made by delivery to an officer or managing or general agent.

(4) Upon a corporation or partnership or association by delivery to an officer, a managing or general agent;

CRITICALCivil cases

Service may use any delivery method requiring a signed receipt if the clerk addresses it to the party and gives the summons to the person making service.

(5) By any form of delivery requiring a signed receipt, when the clerk of the court addresses the delivery to the party to be served and delivers the summons to the person who will make the service;

CRITICALCivil cases

Service may be made as directed by court order.

(6) As directed by order of the court.

CRITICALCivil cases

Service under divisions (B)(3) or (B)(6) may be made by a nonparty at least 18 years old designated by order of the court or foreign court.

Service under division (B)(3) or (B)(6) of this rule may be made by any person not less than eighteen years of age who is not a party and who has been designated by order of the court, or by the foreign court.

CRITICALCivil cases

On request, the clerk must deliver the summons to the plaintiff for transmission to the person, foreign court, or officer who will make service.

On request the clerk shall deliver the summons to the plaintiff for transmission to the person or the foreign court or officer who will make the service.

CRITICALCivil cases

For delivery under division (B)(5), proof of service must include a signed receipt or other evidence of delivery satisfactory to the court.

When delivery is made pursuant to division (B)(5) of this rule, proof of service shall include a receipt signed by the addressee or other evidence of delivery to the addressee satisfactory to the court.

CRITICALCivil cases

When the specified service attempts are refused and the refusal is shown in the required return or envelope, the clerk must promptly notify the attorney of record or serving party and record the notification on the appearance docket.

If attempted service of process by United States certified or express mail or by commercial carrier service within or outside the state is refused, and the certified or express mail envelope or return of the commercial carrier shows such refusal, or the return of the person serving process by personal service within or outside the state or by residence service within the state specifies that service of process has been refused, the clerk shall forthwith notify the attorney of record or, if there is no attorney of record, the party at whose instance process was issued and enter the fact and method of notification on the appearance docket.

CRITICALCivil cases

Service

Mail

After clerk notification of a qualifying refusal, the attorney or serving party may request ordinary-mail service in writing, and the clerk must mail the documents to the specified address.

If the attorney, or serving party, after notification by the clerk, files with the clerk a written request for ordinary mail service, the clerk shall send by United States ordinary mail a copy of the summons and complaint or other document to be served to the defendant at the address set forth in the caption, or at the address set forth in written instructions furnished to the clerk.

CRITICALCivil cases

Service

Mail

The clerk must complete and file a certificate of mailing as evidence of the ordinary-mail service.

The mailing shall be evidenced by a certificate of mailing which shall be completed and filed by the clerk.

CRITICALCivil cases

Service

Mail

The answer date is twenty-eight days after the mailing date shown on the certificate of mailing.

Answer day shall be twenty-eight days after the date of mailing as evidenced by the certificate of mailing.

CRITICALCivil cases

Applies to

Summons

Service

Mail

The clerk must endorse the answer date on the summons sent by ordinary mail.

The clerk shall endorse this answer date upon the summons which is sent by ordinary mail.

CRITICALCivil cases

Service

Mail

After requested ordinary-mail service is mailed, the clerk completes service when the mailing is entered of record.

Service shall be deemed complete when the fact of mailing is entered of record.

CRITICALCivil cases

When covered mail or commercial-carrier service is returned as unclaimed, the clerk must promptly notify the attorney of record or serving party and record the notification on the appearance docket.

If attempted service using United States certified or express mail or commercial carrier within or outside the state is returned with an endorsement stating that the envelope was unclaimed or a similar endorsement indicating the item was unclaimed, the clerk shall forthwith notify the attorney of record or, if there is no attorney of record, the party at whose instance process was issued and enter the fact and method of notification on the appearance docket.

CRITICALCivil cases

Service

Mail

After clerk notification of unclaimed service, the attorney or serving party may request ordinary-mail service in writing, and the clerk must send the documents by ordinary mail.

If the attorney, or serving party, after notification by the clerk, files with the clerk a written request for ordinary mail service, the clerk shall send by United States ordinary mail a copy of the summons and complaint or other document to be served

CRITICALCivil cases

Service

Mail

Service by ordinary mail is complete when mailing is entered of record, unless the envelope is returned with a failure-of-delivery endorsement.

Service shall be deemed complete when the fact of mailing is entered of record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery.

CRITICALCivil cases

The attorney of record or serving party must determine whether service was made and timely file written completion-of-service instructions with the clerk, notwithstanding the clerk-notification provisions cited.

The attorney of record or the serving party shall be responsible for determining if service has been made and shall timely file written instructions with the clerk regarding completion of service notwithstanding the provisions in Civ.R. 4.1 through 4.6 which instruct a clerk to notify the attorney of record or the serving party of failure of service of process.

CRITICALCivil cases

The waiver request must allow at least twenty-eight days for return, or at least sixty days if sent outside the United States.

Give the defendant a reasonable time of at least twenty-eight days after the request was sent - or at least sixty days if sent to the defendant outside of the United States - to return the waiver;

CRITICALCivil cases

A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until sixty days after the request was sent—or until ninety days after it was sent to the defendant in a foreign country.

A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until sixty days after the request was sent—or until ninety days after it was sent to the defendant in a foreign country.

CRITICALCivil cases

Filing a waiver eliminates the need for proof of service, and the action proceeds as if the summons and complaint were served when the waiver was filed.

When the plaintiff files a waiver, proof of service is not required and these rules apply as if a summons and complaint had been served at the time of filing the waiver.

CRITICALCivil cases

The signed waiver must be returned within at least 28 days, or at least 60 days if the defendant is outside the United States, from the date the notice was sent.

To avoid these possible expenses, you must return the signed waiver within (give at least 28 days or at least 60 days if the defendant is outside the United States) from the date shown below, which is the date this notice was sent.

CRITICALCivil cases

After a signed waiver is returned, it will be filed, the action proceeds as if service occurred on the filing date without service of a summons, and the defendant has 60 days—or 90 days if the notice was sent outside the United States—to answer.

If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served on the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this notice is sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside the United States).

CRITICALCivil cases

The defendant must file and serve an answer or Rule 12 motion within 60 days after the waiver request was sent, or within 90 days if it was sent outside the United States.

I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 60 days from _____________________, the date when this request was sent (or 90 days if it was sent outside the United States).

CRITICALCivil cases

Applies to

Answer or rule 12 motion

A defendant who waives service must serve an answer or Rule 12 motion on the plaintiff within the time stated on the waiver form and file a copy with the court.

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court.

CRITICALCivil cases

Applies to

Answer

A defendant who waives service responds within 60 days after the notice is sent, or 90 days if it is sent to a foreign country, rather than the 28-day period after service.

By waiving service, a defendant is not called upon to respond to the complaint until 60 days from the date the notice was sent to it—90 days if the notice was sent to a foreign country— rather than within the 28-day period from date of service specified in Rule 12.

CRITICALCivil cases

Covered orders, pleadings, discovery papers, motions, notices, and similar papers must be served on each party, with an exception for parties in default unless new claims or additional damages are asserted.

Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. Service is not required on parties in default for failure to appear except that pleadings asserting new or additional claims for relief or for additional damages against them shall be served upon them in the manner provided for service of summons in Civ.R. 4 through Civ.R. 4.6.

CRITICALCivil cases

Serve an unrepresented party directly, a represented party’s attorney unless the court orders otherwise, and both the attorney and party for proceedings covered by a limited appearance.

Whenever a party is not represented by an attorney, service under this rule shall be made upon the party. If a party is represented by an attorney, service under this rule shall be made on the attorney unless the court orders service on the party. Whenever an attorney has filed a notice of limited appearance pursuant to Civ.R. 3(B), service shall be made upon both that attorney and the party in connection with the proceedings for which the attorney has filed a notice of limited appearance.

CRITICALCivil cases

Service

Personal service

A document may be served by handing it to the person.

(a) Handing it to the person;

CRITICALCivil cases

A document may be served by leaving it at the person’s office with a clerk or person in charge, or, if no one is in charge, in a conspicuous place in the office.

(i) At the person’s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or

CRITICALCivil cases

If the person has no office or it is closed, a document may be served at the person’s dwelling or usual abode with a resident of suitable age and discretion.

(ii) If the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there;

CRITICALCivil cases

Service

Mail

A document may be served by United States mail to the person’s last known address, and service is complete upon mailing.

(c) Mailing it to the person’s last known address by United States mail, in which event service is complete upon mailing;

CRITICALCivil cases

A served document must include a completed, properly signed proof of service stating the service date and manner and identifying the applicable Civ.R. 5(B)(2) division; a filed document is not considered until the proof is endorsed on it or separately filed.

The served document shall be accompanied by a completed proof of service which shall state the date and manner of service, specifically identify the division of Civ.R. 5(B)(2) by which the service was made, and be signed in accordance with Civ.R. 11. Documents filed with the court shall not be considered until proof of service is endorsed thereon or separately filed.

CRITICALCivil cases

A document may be served through a commercial carrier service for delivery within three calendar days.

Rule 5(B)(2)(d) permits service of a document by delivering it to a commercial carrier service for delivery within three calendar days.

CRITICALCivil cases

Service

Electronic service

Electronic service is ineffective if the serving party learns that the document did not reach the person to be served.

Rule 5(B)(2)(f) adopts the language of Fed.R.Civ.P. 5(b) stating that service by electronic means is not effective if the serving party learns that the document did not reach the person to be served.

CRITICALCivil cases

Proof of service must state the service date and specific manner, including the applicable division of Civ.R. 5(B)(2).

Rule 5(B)(3) emphasizes a party’s duty to provide a proof of service that states the date and specific manner by which the service was made, specifically identifying the division of Civ.R. 5(B)(2) by which service was made.

CRITICALCivil cases

A serving party must identify in its proof of service the division of Civ.R. 5(B)(2) used.

The provisions of Civ.R. 5(D) relating to the duty to provide a proof of service have been moved to Civ.R. 5(B)(3) and amended to require that a serving party specifically identify the division of Civ.R. 5(B)(2) by which the service was made.

CRITICALCivil cases

During an attorney’s limited appearance, an opposing party must serve documents on both the party and the attorney.

The amendment to Civ.R. 5(B)(1) makes clear that when a notice of limited appearance has been filed by an attorney, an opposing party shall continue serving documents upon the party throughout the duration of the limited appearance while also serving the attorney.

CRITICALCivil cases

Applies to

Motion response

A response to a written motion other than a summary-judgment motion may be served within 14 days after service of the motion.

Responses to a written motion, other than motions for summary judgment, may be served within fourteen days after service of the motion.

CRITICALCivil cases

Applies to

Motion response

A response to a summary-judgment motion may be served within 28 days after service of the motion.

Responses to motions for summary judgment may be served within twenty-eight days after service of the motion.

CRITICALCivil cases

Applies to

Motion reply

A movant’s reply to a response to any written motion may be served within seven days after service of the response to the motion.

A movant’s reply to a response to any written motion may be served within seven days after service of the response to the motion.

CRITICALCivil cases

Applies to

Written motion

Unless another rule or court order sets a different period, written motions for a nontrial hearing must be served at least 14 days before the hearing, and written motions for trial must be served at least 28 days before trial.

Unless a different period is fixed under these rules or by order of the court, a written motion for purposes of a hearing that is not a trial shall be served no later than fourteen days prior to the hearing, and a written motion for purposes of a trial shall be served no later than twenty-eight days prior to the start of trial.

CRITICALCivil cases

Applies to

Motion response

Responses may be served as provided by Civ.R. 6(C), but the movant may not serve a reply.

Responses to such motions may be served as provided by Civ.R. 6(C); however, a movant’s reply to the response is not permitted.

CRITICALCivil cases

Applies to

Written motion and supporting affidavits

A written motion and its supporting affidavits must be served under Civ.R. 5 unless the motion may be heard ex parte.

A written motion, and any supporting affidavits, shall be served in accordance with Civ.R. 5 unless the motion may be heard ex parte.

CRITICALCivil cases

Applies to

Answer

A defendant must serve an answer within twenty-eight days after service of the summons and complaint, or after completion of service by publication.

The defendant shall serve his answer within twenty-eight days after service of the summons and complaint upon him; if service of notice has been made by publication, he shall serve his answer within twenty-eight days after the completion of service by publication.

CRITICALCivil cases

Applies to

Answer

A party must serve an answer to a cross-claim within twenty-eight days after service of the cross-claim pleading.

A party served with a pleading stating a cross-claim against him shall serve an answer thereto within twenty-eight days after the service upon him.

CRITICALCivil cases

Applies to

Reply

A plaintiff must serve a reply to a counterclaim within twenty-eight days after service of the answer or, if ordered, within twenty-eight days after service of the order unless the order directs otherwise.

The plaintiff shall serve his reply to a counterclaim in the answer within twenty-eight days after service of the answer or, if a reply is ordered by the court, within twenty-eight days after service of the order, unless the order otherwise directs.

CRITICALCivil cases

Applies to

Responsive pleading

If the court denies the motion, a responsive pleading delayed by service of the motion must be served within fourteen days after notice of the court’s action.

(a) if the court denies the motion, a responsive pleading, delayed because of service of the motion, shall be served within fourteen days after notice of the court's action;

CRITICALCivil cases

Applies to

Responsive pleading

If the court grants the motion, a responsive pleading delayed by service of the motion must be served within fourteen days after service of a pleading complying with the court’s order.

(b) if the court grants a motion, a responsive pleading, delayed because of service of the motion, shall be served within fourteen days after service of the pleading which complies with the court's order.

CRITICALCivil cases

Persons added as parties to a counterclaim or cross-claim must be served pursuant to Rules 4 through 4.6.

Such persons shall be served pursuant to Rule 4 through Rule 4.6.

CRITICALCivil cases

After the 14-day period, a defending party must obtain leave by motion and give notice to all parties.

Otherwise he must obtain leave on motion upon notice to all parties to the action.

CRITICALCivil cases

Service

Personal service

A copy of the summons must be served personally upon the defendant whose name is unknown.

a copy thereof must be served personally upon the defendant.

CRITICALCivil cases

Notice of a fee-award motion must be served on all parties and, if class counsel brings the motion, directed to class members in a reasonable manner.

Notice of the motion shall be served on all parties and, for motions by class counsel, directed to class members in a reasonable manner.

CRITICALCivil cases

Applies to

Motion to intervene

A person seeking to intervene must serve the motion to intervene on the parties under Civ.R. 5.

A person desiring to intervene shall serve a motion to intervene upon the parties as provided in Civ.R. 5.

CRITICALCivil cases

A motion for substitution after a party’s death must be served on the parties as provided in Civ.R. 5.

The motion for substitution may be made by any party or by the successors or representatives of the deceased party and shall be served on the parties as provided in Civ.R. 5

CRITICALCivil cases

A motion for substitution after a party’s death must be served on nonparties in the manner provided for service of summons in Civ.R. 4 through Civ.R. 4.6.

The motion for substitution may be made by any party or by the successors or representatives of the deceased party and shall be served on the parties as provided in Civ.R. 5 and upon persons not parties in the manner provided in Civ.R. 4 through Civ.R. 4.6 for the service of summons.

CRITICALCivil cases

If a party is adjudged incompetent, the court upon motion served as provided in division (A) of this rule shall allow the action to be continued by or against the party’s representative.

If a party is adjudged incompetent, the court upon motion served as provided in division (A) of this rule shall allow the action to be continued by or against the party’s representative.

CRITICALCivil cases

A motion to substitute a person receiving a transferred interest must be served as provided in division (A) of this rule.

Service of the motion shall be made as provided in division (A) of this rule.

CRITICALCivil cases

A suggestion of death or incompetency must be served on all other parties as provided in Civ.R. 5.

The suggestion of death or incompetency shall be served on all other parties as provided in Civ.R. 5.

CRITICALCivil cases

Applies to

Notice

The petitioner must serve each expected adverse party with the notice and petition copy at least 28 days before the hearing, subject to a court-ordered shorter notice period for extraordinary circumstances, using an authorized summons-service method or another court-directed method affording actual notice.

The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least twenty-eight days before the date of hearing, unless the court upon application and showing of extraordinary circumstances prescribes a hearing on shorter notice, the notice shall be served either within or outside of this state by a method provided in Rule 4 through Rule 4.6 for service of summons, or in any other manner affording actual notice, as directed by order of

CRITICALCivil cases

The party requesting that a deposition be filed must promptly notify all other parties of the filing.

The party requesting the filing of the deposition shall forthwith give notice of its filing to all other parties.

CRITICALCivil cases

A party taking a deposition on written questions must serve the questions and a notice containing the specified witness and officer information on every other party.

A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating (1) the name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs, and (2) the name or descriptive title and address of the officer before whom the deposition is to be taken.

CRITICALCivil cases

A party may serve cross questions on all other parties within 21 days after service of the notice and written questions.

Within twenty-one days after the notice and written questions are served, a party may serve cross questions upon all other parties.

CRITICALCivil cases

A party may serve redirect questions on all other parties within 14 days after being served with cross questions.

Within fourteen days after being served with cross questions, a party may serve redirect questions upon all other parties.

CRITICALCivil cases

A party may serve recross questions on all other parties within 14 days after being served with redirect questions.

Within fourteen days after being served with redirect questions, a party may serve recross questions upon all other parties.

CRITICALCivil cases

Applies to

Interrogatory answers and objections

Answers and objections must be served within the period designated by the serving party, which must be at least 28 days after service unless the court allows a shorter or longer period.

The party upon whom the interrogatories have been served shall serve a copy of the answers and objections within a period designated by the party submitting the interrogatories, not less than twenty-eight days after the service of the interrogatories or within such shorter or longer time as the court may allow.

CRITICALCivil cases

An electronic copy of interrogatories must be served using an electronic method or another method permitted by Civ.R. 5(B).

The 2012 amendment simply requires that an electronic copy be served, which can be accomplished electronically under the 2012 amendment to Civ.R. 5(B), or by any other method provided under Civ.R. 5(B).

CRITICALCivil cases

The propounding party designates the response period, which may not be shorter than twenty-eight days.

the period for responding, which is designated by the propounding party and cannot be less than twenty-eight days

CRITICALCivil cases

Interrogatories may be served on a party other than the plaintiff only after that party has been served with the summons and complaint, and may not accompany that service.

The rule is amended to permit service of interrogatories on parties other than the plaintiff only after service of the summons and complaint upon that party and to disallow service of interrogatories with service of the summons and complaint.

CRITICALCivil cases

The serving party must provide an editable electronic copy of the request on a shareable medium by email or another agreed means, but may seek leave for relief if unable to provide one.

The party serving the request shall serve an electronic copy of the request on a shareable medium and in an editable format by electronic mail, or by other means agreed to by the parties. A party who is unable to provide an electronic copy of the requests may seek leave of court to be relieved of this requirement.

CRITICALCivil cases

The response period designated in the request must be at least 28 days after service unless the court allows a shorter or longer period.

The party upon whom the request is served shall serve a written response within a period designated in the request that is not less than twenty-eight days after the service of the request or within a shorter or longer time as the court may allow.

CRITICALCivil cases

A discovery petition must be served on the person from whom discovery is sought and, if known, any expected adverse party using a method provided for service of summons.

The petition shall be served upon the person from whom discovery is sought and, if known, any person the petitioner expects will be an adverse party in the potential action, by one of the methods provided in these rules for service of summons.

CRITICALCivil cases

Applies to

Discovery request

Requests for production may be served on a party other than the plaintiff only after the summons and complaint have been served on that party, and may not be served with them.

The rule is amended to permit service of requests for production on parties other than the plaintiff only after service of the summons and complaint upon that party and to disallow service of requests for production with service of the summons and complaint.

CRITICALCivil cases

A request for admission may be served on the plaintiff after the action commences and on another party after that party is served with the summons and complaint.

The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party after service of the summons and complaint upon that party.

CRITICALCivil cases

Copies of documents identified in a request for admission must be served with the request unless they have otherwise been furnished or made available for inspection and copying.

Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying.

CRITICALCivil cases

Service

Electronic service

Whenever feasible, the party serving the request for admission shall serve the request pursuant to Civ.R. 5(B)(2)(f) or (B)(3)on a shareable medium and in an editable format.

Whenever feasible, the party serving the request for admission shall serve the request pursuant to Civ.R. 5(B)(2)(f) or (B)(3)on a shareable medium and in an editable format.

CRITICALCivil cases

If the served party is unrepresented, the serving party must also provide that party with a paper copy of the request.

If the party being served is unrepresented by counsel, the serving party also shall provide a paper copy of the request to the unrepresented party.

CRITICALCivil cases

The matter is admitted unless the responding party serves a signed written answer or objection within the period designated in the request, which must be at least 28 days after service unless the court allows a shorter or longer period.

The matter is admitted unless, within a period designated in the request, not less than twenty-eight days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party’s attorney.

CRITICALCivil cases

The requesting party designates the response period, which cannot be less than 28 days; failure to provide an electronic copy does not change that period.

The amendment confirms that the period for responding, which is designated by the requesting party and cannot be less than twenty-eight days, shall run from the day of service of the printed copy, and that the failure to provide an electronic copy does not alter the response period.

CRITICALCivil cases

An electronic copy of requests for admission must be served, either electronically or by another method allowed under Civ.R. 5(B).

The 2012 amendment simply requires that an electronic copy be served, which can be accomplished electronically under the 2012 amendments to Civ.R. 5(B), or by any other method provided under Civ.R. 5(B).

CRITICALCivil cases

Applies to

Requests for admission

Requests for admission may be served on parties other than the plaintiff only after the summons and complaint have been served on that party, and may not be served with the summons and complaint.

The rule is amended to permit service of requests for admission on parties other than the plaintiff only after service of the summons and complaint upon that party and to disallow service of requests for admission with service of the summons and complaint

CRITICALCivil cases

With notice to other parties and all affected persons, a party may move for an order compelling discovery.

On notice to other parties and all affected persons, a party may move for an order compelling discovery.

CRITICALCivil cases

A jury demand must be served on the other parties after the action begins and no later than 14 days after service of the last pleading directed to the issue.

Any party may demand a trial by jury on any issue triable of right by a jury by serving upon the other parties a demand therefor at any time after the commencement of the action and not later than fourteen days after the service of the last pleading directed to such issue.

CRITICALCivil cases

When a jury demand covers only some issues, another party may serve a demand for other or all factual issues within 14 days after service, or within a shorter period ordered by the court.

If he has demanded trial by jury for only some of the issues, any other party within fourteen days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.

CRITICALCivil cases

Failing to serve a jury demand as required and file it as required by Rule 5(D) waives the right to a jury trial.

The failure of a party to serve a demand as required by this rule and to file it as required by Rule 5(D) constitutes a waiver by him of trial by jury.

CRITICALCivil cases

The issuing party must promptly give all other parties written notice and a copy of covered subpoenas, and must do the same for any modification.

A party on whose behalf a subpoena is issued under division (A)(1)(b)(ii), (iii), (iv), (v), or (vi) of this rule shall serve prompt written notice, including a copy of the subpoena, on all other parties as provided in Civ.R. 5. If the subpoena is modified, the party on whose behalf the subpoena is issued shall give prompt written notice of the modification, including a copy of the subpoena as modified, to all other parties.

CRITICALCivil cases

The rule specifies who may serve a subpoena, authorized service methods, required tender of witness fees and mileage, and filing of a return with a signed receipt for mail service.

A subpoena may be served by a sheriff, bailiff, coroner, clerk of court, constable, or a deputy of any, by an attorney at law, or by any other person designated by court order under Civ.R.4.1(E). Service of a subpoena upon a person named therein shall be made by delivering a copy of the subpoena to the person, by reading it to him or her in person, by leaving it at the person's usual place of residence, or by placing a sealed envelope containing the subpoena in the United States mail as certified or express mail return receipt requested with instructions to the delivering postal authority to show to whom delivered, date of delivery and address where delivered, and by tendering to the person upon demand the fees for one day's attendance and the mileage allowed by law. The person responsible for serving the subpoena shall file a return of the subpoena with the clerk. When the subpoena is served by mail delivery, the person filing the return shall attach the signed receipt to the return. If the witness being subpoenaed resides outside the county in which the court is located, the fees for one day's attendance and mileage shall be tendered without demand. The return may be forwarded through the postal service or otherwise.

CRITICALCivil cases

Unless a local rule or court order provides otherwise, response arguments must be served within fourteen days after service of the motion.

Unless otherwise provided by local rule or by order of the court, arguments in response to the motion shall be served within fourteen days of service of the motion

CRITICALCivil cases

Copies of written requests for jury instructions must be furnished to all other parties when the requests are made.

Copies shall be furnished to all other parties at the time of making the requests.

CRITICALCivil cases

Service

Court service to all parties

The clerk must serve the magistrate’s order on all parties or their attorneys.

A magistrate’s order shall be in writing, identified as a magistrate’s order in the caption, signed by the magistrate, filed with the clerk, and served by the clerk on all parties or their attorneys.

CRITICALCivil cases

Service

Court service to all parties

The clerk must serve the magistrate’s decision on all parties or their attorneys no later than three days after it is filed.

A magistrate’s decision shall be in writing, identified as a magistrate’s decision in the caption, signed by the magistrate, filed with the clerk, and served by the clerk on all parties or their attorneys no later than three days after the decision is filed.

CRITICALCivil cases

Civ.R. 53(D)(3)(a)(iii) now requires that the magistrate’s decision be served on the parties or their attorneys no later than three days after the decision was filed.

Civ.R. 53(D)(3)(a)(iii) now requires that the magistrate’s decision be served on the parties or their attorneys no later than three days after the decision was filed.

CRITICALCivil cases

An interim order must be served pursuant to Civ.R. 58(B).

New sentence three of Civ.R. 53(D)(4)(e)(ii) provides that an interim order shall comply with Civ.R. 54(A), be journalized pursuant to Civ.R. 58(A), and be served pursuant to Civ.R. 58(B).

CRITICALCivil cases

The clerk must provide a copy of a contempt order to the person subject to the order.

Civ.R. 53(D)(8)(b), unlike its predecessor, explicitly requires that the clerk provide a copy of a contempt order to the subject of the order.

CRITICALCivil cases

Applies to

Application for default judgment notice

If the party against whom default judgment is sought has appeared, that party or their appearing representative must be served with written notice of the application at least seven days before the hearing.

If the party against whom judgment by default is sought has appeared in the action, he (or, if appearing by representative, his representative) shall be served with written notice of the application for judgment at least seven days prior to the hearing on such application.

CRITICALCivil cases

Applies to

Summary judgment motion

Summary-judgment motions and supporting materials must be served under Civ.R. 5; opposition materials and reply arguments may be served as provided by Civ.R. 6(C).

The motion together with all affidavits and other materials in support shall be served in accordance with Civ.R. 5. Responsive arguments, together with all affidavits and other materials in opposition, and a movant’s reply arguments may be served as provided by Civ.R. 6(C).

CRITICALCivil cases

Materials supporting a summary-judgment motion must be served when the motion is served.

Division (C) is also amended to specify that the materials in support of a motion for summary judgment shall be served when the motion is served.

CRITICALCivil cases

When signing a judgment, the court must direct the clerk to serve notice of the judgment and its journal-entry date on all parties who are not in default for failure to appear.

When the court signs a judgment, the court shall endorse thereon a direction to the clerk to serve upon all parties not in default for failure to appear notice of the judgment and its date of entry upon the journal.

CRITICALCivil cases

Within three days after entering the judgment on the journal, the clerk must serve the parties as prescribed by Civ.R. 5(B) and record the service in the appearance docket.

Within three days of entering the judgment upon the journal, the clerk shall serve the parties in a manner prescribed by Civ.R. 5(B) and note the service in the appearance docket.

CRITICALCivil cases

Covered post-trial motions must be served within 28 days after judgment, or within 28 days after the clerk completes service of the judgment notice if service was not completed within the Civ.R. 58(B) period; a statute may provide otherwise.

Except as otherwise provided by statute, a motion for a new trial, remitter, additur, prejudgment interest, or attorney’s fees must be served within twenty-eight days of the entry of judgment or, if the clerk has not completed service of the notice of judgment within the three-day period described in Civ.R. 58(B), within twenty-eight days of the date when the clerk actually completes service.

CRITICALCivil cases

Unless a local rule or court order provides otherwise, responsive briefs must be served within 14 days after service of the motion.

Unless otherwise provided by local rule or by order of the court, briefs in response to the motion shall be served within fourteen days of service of the motion

CRITICALCivil cases

Affidavits supporting a motion for a new trial must be served with the motion.

When a motion for a new trial is based upon affidavits they shall be served with the motion.

CRITICALCivil cases

The opposing party must serve opposing affidavits within 14 days after service of the motion’s affidavits, but the period may be extended by up to 21 additional days by the court for good cause or by written stipulation of the parties.

The opposing party has fourteen days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding twenty- one days either by the court for good cause shown or by the parties by written stipulation.

CRITICALCivil cases

A preliminary injunction may not issue without reasonable notice to the adverse party.

No preliminary injunction shall be issued without reasonable notice to the adverse party.

CRITICALCivil cases

An ex parte restraining order must be served as provided by Rules 4, 4.3, and 4.6, or as directed by court order.

Restraining orders which are granted ex parte shall be served in the manner provided for service of process under Rule 4 through Rule 4.3 and Rule 4.6; or in manner directed by order of the court.

CRITICALCivil cases

When service is made under the specified rules, the sheriff or court-designated person must promptly make a return.

When service is made pursuant to Rule 4 through Rule 4.3 and Rule 4.6 the sheriff or the person designated by order of the court shall forthwith make his return.

CRITICALCivil cases

The clerk must arrange service of the petition and other statutorily required documents on the respondent and, when applicable, the respondent’s parent, guardian, or legal custodian.

The clerk shall cause service to be made of a copy of the petition, and all other documents required by the applicable protection order statute to be served on the Respondent and, if applicable, on the parent, guardian, or legal custodian of the Respondent.

CRITICALCivil cases

Service

Personal service

Initial service and service of an entered ex parte protection order must follow the specified personal-service provisions, with service under Civ.R. 4 through 4.6 permitted if personal service fails or in addition to it.

Initial service, and service of any ex parte protection order that is entered, shall be made in accordance with the provisions for personal service of process within the state under Civ.R. 4.1(B) or outside the state under Civ.R. 4.3(B)(2). Upon failure of such personal service, or in addition to such personal service, service may be made in accordance with any applicable provision of Civ.R. 4 through Civ. R 4.6.

CRITICALCivil cases

After initial service under division (C)(2), any additional service during the proceedings must comply with Civ.R. 5(B).

After service has been made in accordance with division (C)(2) of this rule, any additional service required to be made during the course of the proceedings on Respondent and, if applicable, on the parent, guardian, or legal custodian of Respondent, shall be made in accordance with the provisions of Civ.R. 5(B).

CRITICALCivil cases

The agreement must be made using the methods provided for service of process under Civ.R. 4 through Civ.R. 4.6.

agreement shall be made in the manner provided for service of process under Civ.R. 4 through Civ.R. 4.6.

CRITICALCivil cases

After the initial service, any required additional service on the Respondent and, if applicable, the Respondent’s parent, guardian, or legal custodian must comply with Civ.R. 5(B).

After service has been made in accordance with division (C)(4)(a) of this rule, any additional service required to be made on the Respondent and, if applicable, on the parent, guardian, or legal custodian of the Respondent, shall be made in accordance with provisions of Civ.R. 5(B).

CRITICALCivil cases

The court must send the completed NCIC notice and a copy of the order or agreement to the local law enforcement agency for entry.

(2) Send a completed Form 27 (formerly 10-A): Protection Order Notice to NCIC, or a form substantially similar thereto, and a copy of the order or agreement to the local law enforcement agency for entry of the order or

CRITICALCivil cases

Applies to

Petition and ex parte order

Service

Personal service

The clerk must make the first attempt at initial service, including the petition and any ex parte order, by personal service.

Division (C)(2) of this rule directs the clerk of court to cause the first attempt at initial service in these proceedings, including service of a copy of the petition and an ex parte order, by personal service of process.

CRITICALCivil cases

Applies to

Subsequent service

After the petition and any ex parte order have been served, subsequent service, including service of a protection order entered after a full hearing, must follow Civ.R. 5(B).

The plain language of division (C)(3) of this rule indicates that subsequent service in civil protection order proceedings after the petition and ex parte order has been served, including service of a protection order entered after full hearing, must follow Civ.R. 5(B).

CRITICALCivil cases

A proof-of-service record must state the date and specific manner of service.

Additionally, Civ.R. 5(B)(3) requires a proof of service record be created, which includes the date and specific manner by which the service was made under Civ.R. 5(B)(2).

CRITICALCivil cases

Applies to

Subsequent service

Subsequent service in proceedings for renewal, contempt, modification, or termination must follow Civ.R. 5(B).

Division (C)(4)(b) aligns with division (C)(3) of this rule and clarifies that subsequent service in proceedings for renewal, contempt, modification, or termination of a full hearing civil protection order or an approved consent agreement is to be made in accordance with Civ.R. 5(B).

CRITICALCivil cases

Civ.R. 4 through 4.6 apply to probate-division proceedings that require service of summons.

Civ.R. 4 through 4.6 shall apply in any proceeding in the probate division of the court of common pleas requiring service of summons.

CRITICALCivil cases

Civ.R. 5 applies to service and filing of pleadings and papers after the original pleading in proceedings requiring service of summons.

In proceedings requiring service of summons, Civ.R. 5 shall apply to the service and filing of pleadings and papers subsequent to the original pleading.

CRITICALCivil cases

When the statute does not direct or authorize the manner of service, required non-summons notice must be written and may be served without court intervention by or for an interested party using one of the listed methods.

In any proceeding where any type of notice other than service of summons is required by law or deemed necessary by the court, and the statute providing for notice neither directs nor authorizes the court to direct the manner of its service, notice shall be given in writing and may be served by or on behalf of any interested party without court intervention by one of the following methods:

CRITICALCivil cases

Service

Personal service

Notice may be served by delivering a copy to the person to be served.

(1) By delivering a copy to the person to be served;

CRITICALCivil cases

Service

Personal service

Notice may be served by leaving a copy at the person’s usual place of residence.

(2) By leaving a copy at the usual place of residence of the person to be served;

CRITICALCivil cases

Service

Mail

Notice may be served by United States certified or express mail with return receipt requested, subject to the conditions stated in the rule.

By United States certified or express mail return receipt requested,

CRITICALCivil cases

Notice may be served by a commercial carrier using a delivery method requiring a signed receipt, subject to the conditions stated in the rule.

or by a commercial carrier service utilizing any form of delivery requiring a signed receipt,

CRITICALCivil cases

Service

Mail

If certified or express mail or a commercial-carrier delivery is returned showing refusal, notice may be served by ordinary United States mail.

By United States ordinary mail after a returned United States certified or express mail envelope or return of the commercial carrier shows that it was refused;

CRITICALCivil cases

Service

Mail

After certified or express mail or commercial-carrier delivery is returned unclaimed, notice may be served by ordinary United States mail if that ordinary-mail envelope is not returned showing failure of delivery.

By United States ordinary mail after a United States certified or express mail or commercial carrier envelope is returned with an endorsement stating that it was unclaimed or a similar endorsement indicating the item was unclaimed, provided that the United States ordinary mail envelope is not returned by the postal authorities showing failure of delivery;

CRITICALCivil cases

Service

Publication

If the person’s name, usual residence, or existence cannot be ascertained with reasonable diligence, notice may be published weekly for three consecutive weeks in a county newspaper of general circulation, after the person giving notice files the specified affidavit.

By publication once each week for three consecutive weeks in some newspaper of general circulation in the county when the name, usual place of residence, or existence of the person to be served is unknown and cannot with reasonable diligence be ascertained; provided that before publication may be utilized, the person giving notice shall file an affidavit which states that the name, usual place of residence, or existence of the person to be served is unknown and cannot with reasonable diligence be ascertained;

CRITICALCivil cases

Notice may be served by another method directed by the court.

By other method as the court may direct.

CRITICALCivil cases

Civ.R. 4.2 governs who may be served and how particular persons or entities must be served.

Civ.R. 4.2 shall apply in determining who may be served and how particular persons or entities must be served.

CRITICALCivil cases

For notice served through the court, proof of service must follow the same manner as proof of service of summons.

When service is made through the court, proof of service of notice shall be in the same manner as proof of service of summons.

CRITICALCivil cases

When notice is served without court intervention, proof of service must be made by affidavit.

When service is made without court intervention, proof of service of notice shall be made by affidavit.

CRITICALCivil cases

Service

Mail

For notice served by certified or express mail or commercial carrier, the delivery return receipt must be attached to the affidavit.

When service is made by United States certified or express mail or by commercial carrier service, the return receipt which shows delivery shall be attached to the affidavit.

CRITICALCivil cases

Service

Mail

For notice served by ordinary United States mail, the affidavit must include the prior returned certified or express mail or commercial-carrier envelope showing refusal or that the item was unclaimed.

When service is made by United States ordinary mail, the prior returned certified or express mail or commercial carrier envelope which shows that the mail was refused or unclaimed shall be attached to the affidavit.

CRITICALCivil cases

Service

Mail

Service of notice by ordinary U.S. mail is complete when the mailing is entered of record, subject to the stated exception.

Service of notice by United States ordinary mail shall be complete when the fact of mailing is entered of record except as stated in division (E)(5) of this rule.

CRITICALCivil cases

Service

Publication

Service by publication is complete on the date of the last publication.

Service by publication shall be complete at the date of the last publication.

CRITICALCivil cases

Civ.R. 4(D) governs who may waive service of notice.

Civ.R. 4(D) shall apply in determining who may waive service of notice.

CRITICALCivil cases

Applies to

Judgment notice

When a non-plaintiff, applicant, or movant has filed a responsive pleading or exceptions, Civ.R. 58(B) applies and judgment notice must be given to specified parties and any others the court directs.

Civ.R. 58(B) shall apply to all judgments entered in the probate division of the court of common pleas in any action or proceeding in which any party other than a plaintiff, applicant, or movant has filed a responsive pleading or exceptions. Notice of the judgment shall be given to each plaintiff, applicant, or movant, to each party filing a responsive pleading or exceptions, and to other parties as the court directs.

CRITICALCivil cases

Notice of an administrator appointment application must be served at least seven days before the hearing, and, if no known surviving spouse or in-state next of kin exists, it must be served on persons designated by the court.

Notice of an application for appointment of administrator shall be served at least seven days prior to the date set for hearing. If there is no known surviving spouse or next of kin resident of the state, the notice shall be served upon persons designated by the court.

CRITICALCivil cases

An administrator must notify all persons entitled to inherit, including persons entitled to a support allowance, within seven days after appointment unless they received hearing notice or waived notice.

The administrator shall give notice of the appointment within seven days after the appointment to all persons entitled to inherit, including persons entitled to an allowance for support, unless those persons have been provided notice of the hearing on the appointment or have waived notice.

CRITICALCivil cases

The probate court must serve the required spousal citation and summary of rights on the surviving spouse within seven days of the initial appointment unless a local court rule sets a different time.

The probate court shall serve as provided by Civil Rule 73(E)(3) the spousal citation and summary of rights required by R.C. 2106.02 to the surviving spouse within 7 days of the initial appointment of the administrator or executor, unless a different time is established by local court rule.

CRITICALCivil cases

Service

Mail

The plaintiff must mail notice of the time and place of a public sale to all defendants at their last known addresses at least three weeks before the sale.

The plaintiff shall give notice of the time and place of sale by regular mail at least three weeks prior to the date of a public sale to all defendants at their last known addresses.

CRITICALCivil cases

The noncustodial parent or parents are entitled to seven days’ notice of the minor’s settlement application, but may waive notice.

The noncustodial parent or parents shall be entitled to seven days notice of the application to settle the minor’s claim which notice may be waived.

CRITICALCivil cases

Notice of the hearing on the application shall be given to all persons who are interested parties to the proposed settlement, as determined by the court. The court may dispense with notice of hearing.

Notice of the hearing on the application shall be given to all persons who are interested parties to the proposed settlement, as determined by the court. The court may dispense with notice of hearing.

CRITICALCivil cases

Applies to

Application

The fiduciary must give written hearing notice and a copy of the application to every interested person who has not waived hearing notice.

The fiduciary shall give written notice of the hearing and a copy of the application to all interested persons who have not waived notice of the hearing.

CRITICALCivil cases

If a hearing is scheduled on an attorney-fee application, notice must be given to all parties affected by payment unless the court orders otherwise.

If a hearing is scheduled on an application for the allowance of attorney fees, notice shall be given to all parties affected by the payment of fees, unless otherwise ordered by the court.

CRITICALCivil cases

Service

Mail

A fiduciary may be removed for failing to notify the court of a current address, and must receive at least ten days’ written notice of the removal hearing by regular mail to the address on file or another court-directed method.

(C) Failure of the fiduciary to notify the court of the fiduciary’s current address shall be grounds for removal. Not less than ten days written notice of the hearing to remove shall be given to the fiduciary by regular mail at the last address contained in the case file or by other method of service as the court may direct.

CRITICALCivil cases

The prevailing party’s counsel must provide opposing counsel a copy of the proposed judgment entry when submitting the original to the court, unless the court directs otherwise.

(F) Unless the court otherwise directs, counsel for the party in whose favor a judgment is rendered, shall prepare the proposed judgment entry and submit the original to the court with a copy to counsel for the opposing party.

CRITICALCivil cases

Applies to

Notice of motion invoking continuing jurisdiction

A motion invoking continuing jurisdiction must be filed in the original action, and notice must be served as provided for service of process under Civ.R. 4 to 4.6.

The continuing jurisdiction of the court shall be invoked by motion filed in the original action, notice of which shall be served in the manner provided for the service of process under Civ.R. 4 to 4.6.

CRITICALCivil cases

A divorce, annulment, or legal-separation action cannot be heard and decided until 42 days after service of process or 28 days after the last publication of notice of the complaint.

No action for divorce, annulment, or legal separation may be heard and decided until the expiration of forty-two days after the service of process or twenty-eight days after the last publication of notice of the complaint,

CRITICALCivil cases

A divorce, annulment, or legal-separation action cannot be heard and decided earlier than 28 days after service of a counterclaim unless the plaintiff files a written waiver of that period.

and no action for divorce, annulment, or legal separation shall be heard and decided earlier than twenty-eight days after the service of a counterclaim, which under this rule may be designated a cross-complaint, unless the plaintiff files a written waiver of the twenty-eight day period.

CRITICALCivil cases

Service

Mail

When the adverse party has no counsel of record, the court must mail notice of trial to that party’s last known address at least seven days before trial begins.

In all cases where there is no counsel of record for the adverse party, the court shall give the adverse party notice of the trial upon the merits. The notice shall be made by regular mail to the party's last known address, and shall be mailed at least seven days prior to the commencement of trial.

CRITICALCivil cases

Applies to

Answer

A defendant must deliver a written Answer to the plaintiff’s attorney, or to the plaintiff if unrepresented, within 28 days using a method explained by Civil Rule 5.

You must deliver to the Plaintiff’s attorney (or the Plaintiff if not represented by an attorney) a written Answer to the Complaint within 28 days; Civil Rule 5 explains the ways that you may deliver the Answer (http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/Civil Procedure.pdf ).

CRITICALCivil cases

Service

Personal service

The server is instructed to serve the defendant personally or at the defendant’s residence, crossing out the inapplicable option.

You are instructed to make personal--residence [cross out one] service upon defendant(s)

CRITICALCivil cases

Applies to

Papers after original pleading

Papers filed after the original pleading that must be served on an opposing party must include a statement of the date and method of service.

All papers after the original pleading required to be served upon an opposite party shall have endorsed thereon, when filed with the court, a statement setting forth the date and method of service.

CRITICALCivil cases

A third-party defendant must serve an answer to the third-party complaint on the plaintiff’s attorney and the third-party plaintiff’s attorney within twenty-eight days after service of the summons, excluding the day of service.

You are hereby summoned and required to serve upon , plaintiff's attorney whose address is and upon , who is attorney for C.D., defendant and third-party plaintiff, and whose address is , an answer to the third-party complaint which is herewith served upon you within twenty-eight days after the service of this summons upon you exclusive of the day of service.

CRITICALCivil cases

Third-party papers must be served on the plaintiff in compliance with Rule 5.

It is necessary to comply with Rule 5 regarding service of third-party papers on plaintiff.

CRITICALCivil cases

A motion to intervene must be served on the parties to the action in compliance with Civ.R. 5.

It is also necessary to comply with Civ.R. 5 regarding service of the motion on the parties to the action.

CRITICALCivil cases

The affidavit must be filed and served with a complaint, petition, or motion concerning parental-rights allocation, parenting time, custody, or visitation.

By law, this affidavit must be filed and served with any Complaint, Petition or Motion regarding the allocation of parental rights and responsibilities, parenting time, custody, or visitation.

CRITICALCivil cases

The responding party must serve the Counter Affidavit on the filing party within 14 days after service of the Motion and Affidavit.

After a party serves a Motion and Affidavit, the other party has 14 days to file a Counter Affidavit and serve it on the party who filed the Motion.

CRITICALCivil cases

Service

Court service to all parties

The Clerk must serve all parties notice of the Judgment Entry and its journal-entry date under Civ.R. 5(B) and Civ.R. 58(B).

NOTICE. This is a final appealable order. The Clerk is directed to serve upon all parties notice of this Judgment Entry and its date of entry upon the journal in accordance with Civ.R. 5(B), in the manner provided in Civ.R. 58(B).

CRITICALCivil cases

Service

Court service to all parties

The Clerk must serve all parties with notice of the Judgment Entry and its journal-entry date under Civ.R. 5(B) and Civ.R. 58(B).

NOTICE. This is a final appealable order. The Clerk is directed to serve upon all parties notice of this Judgment Entry and its date of entry upon the journal in accordance with Civ.R. 5(B), in the manner provided in Civ.R. 58(B).

CRITICALCivil cases

Service

Court service to all parties

The Clerk must serve all parties with notice of the Judgment Entry and its journal-entry date under Civ.R. 5(B) and 58(B).

The Clerk is directed to serve upon all parties notice of this Judgment Entry and its date of entry upon the journal in accordance with Civ.R. 5(B), in the manner provided in Civ.R. 58(B).

CRITICALCivil cases

When the parent with less than half-time parenting is entitled to claim the child, the other parent must execute and deliver Form 8332 or its successor and any other required forms by February 15 of the following year.

If a parent who has a child less than half of the time is entitled to claim the child, the other parent shall execute and deliver Internal Revenue Service Form 8332, or its successor, together with any other required forms as set out in section 152 of the Internal Revenue Code, as amended, on or before February 15th of the year following the tax year in question.

CRITICALCivil cases

Applies to

Motion to intervene

When filing a Motion to Intervene, you must serve all parties through the official court process with official court documents, including a copy of the signed motion.

When you file a motion, you must inform all parties of your request through the official court process. You must notify them with official court documents, including a copy of the signed Motion to Intervene. This is what it means to have them “served.”

CRITICALCivil cases

The full hearing may occur only after the Respondent is served with the Ex Parte CPO; if service has not occurred by the hearing, it is postponed until service, and the Ex Parte CPO remains in effect meanwhile.

The Court can hold a full hearing only after the Respondent has been served with the Ex Parte CPO. You may need to fill out forms for the Clerk of Court to cause service. Full Hearing: The full hearing is the final hearing. At this hearing, both you and the Respondent can testify. You must be present at the full hearing. You should bring any witnesses and other evidence to support your case. If the Court issues a Full Hearing CPO, it remains in force until the date indicated in the CPO, with 5 years being the maximum. If the Respondent does not show up for the full hearing, you can still obtain a final CPO. However, if the Respondent is not served with the Ex Parte CPO before the full hearing, the Court postpones the full hearing until the Respondent is served. If the full hearing is postponed, the Ex Parte CPO remains in effect until the full hearing is held.

CRITICALCivil cases

Applies to

Parenting proceeding affidavit

Each party must serve this form with their first pleading in every parenting proceeding in the Court, including a domestic violence civil protection order petition.

By law, this form must be filed and served with the first pleading filed by each party in every parenting (custody or visitation) proceeding in this Court including a Petition for a Domestic Violence Civil Protection Order.

CRITICALCivil cases

The Clerk must serve the Respondent with the Petition, this Order, and any accompanying documents as provided by Civ.R. 65.1(C)(2).

26. THE CLERK OF COURT SHALL CAUSE A COPY OF THE PETITION, THIS ORDER, AND ANY OTHER ACCOMPANYING DOCUMENT to be served on Respondent as set forth in Civ.R. 65.1(C)(2).

CRITICALCivil cases

The Clerk is instructed to serve the Respondent with the Petition, this Order, and accompanying documents under Civ.R. 65.1(C)(2).

A COPY OF PETITION, THIS ORDER, AND ANY OTHER ACCOMPANYING DOCUMENTS SHALL BE SERVED ON RESPONDENT PURSUANT TO CIV.R. 65.1(C)(2).

CRITICALCivil cases

Service

Court service

The Clerk must arrange service of the Order on Respondent under the cited rules.

THE CLERK OF COURT SHALL CAUSE A COPY OF THIS ORDER to be served on Respondent as set forth in Civ.R. 5(B) and 65.1(C)(3).

CRITICALCivil cases

A copy of the order must be served on the respondent pursuant to Civ. R. 65.1(C)(3).

A COPY OF THIS ORDER SHALL BE SERVED ON RESPONDENT PURSUANT TO CIV.R. 65.1(C)(3).

CRITICALCivil cases

Copies of the order must be delivered to the listed recipients.

COPIES OF THIS ORDER SHALL BE DELIVERED ON: Petitioner Petitioner’s Attorney Respondent’s Attorney Counseling Program: Sheriff’s Office: Law Enforcement Agency Where Petitioner Resides: Law Enforcement Agency Where Petitioner Works: CSEA Other:

CRITICALCivil cases

The clerk must serve a copy of the order on Respondent under the cited rules and provide certified copies to Petitioner upon request.

THE CLERK OF COURT SHALL CAUSE A COPY OF THIS ORDER to be served on Respondent as set forth in Civ.R. 5(B) and 65.1(C)(3). The Clerk of Court shall also provide certified copies of this Order to Petitioner upon request.

CRITICALCivil cases

Service

Court service to opposing party

The clerk must serve a copy of the Order on Respondent under the cited rules and provide Petitioner certified copies of the Petition and Order upon request.

27. THE CLERK OF COURT SHALL CAUSE A COPY of this Order to be served on Respondent as set forth in Civ.R. 5(B) and 65.1(C)(4)(b). The Clerk of Court shall also provide certified copies of the Petition and this Order to Petitioner upon request.

CRITICALCivil cases

Service

Personal service to opposing party

A request to the clerk may specify personal service on the respondent for the motion and accompanying documents.

Pursuant to Civ.R. 65.1(C)(4), please serve Respondent a copy of the Motion and any other accompanying documents to the address below and as follows: Personal service Certified Mail, Return Receipt Requested Other (specify)

CRITICALCivil cases

The Clerk must serve the Respondent with the petition, order, and accompanying documents as provided by Civ.R. 65.1(C)(2), and provide the Petitioner copies of the petition and certified copies of the order upon request.

15. THE CLERK OF COURT SHALL CAUSE A COPY OF THE PETITION, THIS ORDER, AND ANY OTHER ACCOMPANYING DOCUMENT to be served on the Respondent as set forth in Civ.R. 65.1(C)(2). The Clerk of Court shall also provide copies of the Petition and certified copies of this Order to Petitioner upon request.

CRITICALCivil cases

Applies to

Petition, order, and accompanying documents

The petition, order, and accompanying documents must be served on the respondent pursuant to Civil Rule 65.1(C)(2).

A COPY OF PETITION, THIS ORDER, AND ANY OTHER ACCOMPANYING DOCUMENTS SHALL BE SERVED ON RESPONDENT PURSUANT TO CIV.R. 65.1(C)(2):

CRITICALCivil cases

Service

Court service

The clerk must serve a copy of the order on the Respondent pursuant to the cited civil rules.

16. THE CLERK OF COURT SHALL CAUSE A COPY OF THIS ORDER to be served on Respondent as set forth in Civ.R. 5(B) and 65.1(C)(3).

CRITICALCivil cases

The Clerk must serve Respondent with a copy of the Order under the cited Ohio Civil Rules.

THE CLERK OF COURT SHALL CAUSE A COPY of this Order to be served on Respondent as set forth in Civ.R. 5(B) and 65.1(C)(4)(b).

CRITICALCivil cases

The service request asks the clerk to serve the Respondent with the Petition, any granted ex parte protection order, and accompanying documents using the method selected on the form.

Pursuant to Civ.R. 65.1(C)(2), please serve Respondent a copy of the Petition, ex parte protection order, if granted, and any other accompanying documents to the address below and as follows:

CRITICALCivil cases

Service

Court service

The clerk must serve the petition, order, and accompanying documents on the respondent and the respondent’s parent, guardian, or legal custodian.

THE CLERK OF COURT SHALL CAUSE A COPY OF THE PETITION, THIS ORDER, AND ANY OTHER ACCOMPANYING DOCUMENT to be served on Respondent and Respondent’s parent, guardian, or legal custodian as set forth in Civ.R. 65.1(C)(2).

CRITICALCivil cases

Copies of the order must be delivered to the applicable petitioner, family or legal representatives, and listed law-enforcement recipients.

COPIES OF THIS ORDER SHALL BE DELIVERED TO: Petitioner Petitioner’s Parent 1: Petitioner’s Parent 2: Petitioner’s Guardian or Legal Custodian: Law Enforcement Agency Where Petitioner Resides: Law Enforcement Agency Where Petitioner Works: Sheriff’s Office School: Law Enforcement Agency Where School is Located: Other:

CRITICALCivil cases

Applies to

Petition and order

Service

Court service

The clerk must serve the petition and order on the Respondent and the Respondent’s parent, guardian, or legal custodian under the cited civil rules.

THE CLERK OF COURT SHALL CAUSE A COPY OF THE PETITION AND THIS ORDER to be served on Respondent as set forth in Civ.R. 5(B) and 65.1(C)(3) and Respondent’s parent, guardian, or legal custodian.

CRITICALCivil cases

Applies to

Civil protection order

The clerk must serve the petition and order on Respondent and Respondent’s parent, guardian, or legal custodian, and deliver copies of the order to the listed recipients.

COPIES OF THIS ORDER SHALL BE DELIVERED TO: Petitioner Petitioner’s Parent 1: Petitioner’s Parent 2: Petitioner’s Guardian or Legal Custodian: Law Enforcement Agency Where Petitioner Resides: Law Enforcement Agency Where Petitioner Works: Sheriff’s Office School: Law Enforcement Agency Where School is Located: Other:

CRITICALCivil cases

The clerk must serve the petition and order on the respondent and the respondent’s parent, guardian, or legal custodian as provided by the cited rules.

THE CLERK OF COURT SHALL CAUSE A COPY OF THE PETITION AND THE ORDER to be served on Respondent as set forth in Civ.R. 5(B) and 65.1(C)(3) and Respondent’s parent, guardian, or legal custodian.

CRITICALCivil cases

Copies of the order must be served pursuant to Civ.R. 65.1(C)(3) on the respondent and the listed parent, guardian or legal custodian, and attorney recipients.

COPIES OF THIS ORDER SHALL BE SERVED PURSUANT TO CIV.R. 65.1(C)(3) TO: TO: Respondent Respondent’s Parent 1: Respondent’s Parent 2: Respondent’s Guardian or Legal Custodian: Respondent’s Attorney

CRITICALCivil cases

Copies of the order must be delivered to the petitioner and the listed associated persons and agencies.

COPIES OF THIS ORDER SHALL BE DELIVERED TO: Petitioner Petitioner’s Parent 1: Petitioner’s Parent 2: Petitioner’s Guardian or Legal Custodian: Petitioner’s Attorney Law Enforcement Agency Where Petitioner Resides: Law Enforcement Agency Where Petitioner Works: Sheriff’s Office School: Law Enforcement Agency Where School is Located: Other:

CRITICALCivil cases

The request directs service on the Respondent of the petition, any granted ex parte protection order, and accompanying documents using a method selected on the form.

Pursuant to Civ.R. 65.1(C)(2), please serve Respondent a copy of the Petition, ex parte protection order, if granted, and any other accompanying documents to the address below and as follows: Personal service Certified Mail, Return Receipt Requested Other (specify)

CRITICALCivil cases

The Clerk must serve the Respondent with the Petition, this Order, and accompanying documents under Civ.R. 65.1(C)(2).

THE CLERK OF COURT SHALL CAUSE A COPY OF THE PETITION, THIS ORDER, AND ANY OTHER ACCOMPANYING DOCUMENTS to be served on Respondent as set forth in Civ.R. 65.1(C)(2).

CRITICALCivil cases

The Petition, this Order, and accompanying documents must be served on the Respondent under Civ.R. 65.1(C)(2).

A COPY OF PETITION, THIS ORDER, AND ANY OTHER ACCOMPANYING DOCUMENTS SHALL BE SERVED ON RESPONDENT PURSUANT TO CIV.R. 65.1(C)(2).

CRITICALCivil cases

A copy of the Order must be served under R.C. 3113.454 on the wireless service provider or reseller agent listed with the Ohio Secretary of State.

A copy of this Order shall be served pursuant to R.C. 3113.454 on the wireless service provider or reseller agent listed with the Ohio Secretary of State.

CRITICALCivil cases

Service

Personal service

The service request form allows the filer to request personal service, certified mail with return receipt requested, or another specified method for the motion and accompanying documents.

Pursuant to Civ.R. 65.1(C)(4), please serve Petitioner Respondent a copy of the Motion and any other accompanying documents to the address below and as follows: Personal service Certified Mail, Return Receipt Requested Other (specify)

CRITICALCivil cases

Notice of probate must be given to all parties entitled to notice.

The Court further orders that notice of the probate be given to all parties entitled to notice.

CRITICALCivil cases

If this notice option is selected, written notice must be given to persons entitled to notice who have not waived it, as provided by law and the Rules of Civil Procedure.

Written notice shall be given, as provided by law and the Rules of Civil Procedure, to those persons entitled to notice, who have not waived notice.

CRITICALCivil cases

Service

Publication

If this notice option is selected, notice by publication must be given to interested parties as provided by law and the Rules of Civil Procedure.

Notice by publication shall be given to interested parties as provided by law and the Rules of Civil Procedure.

CRITICALCivil cases

Service

Publication

The notice must be published according to one of the listed schedules: once, weekly for two consecutive weeks, or weekly for three consecutive weeks.

Please publish the following notice [check one of the following] - once - once per week for two consecutive weeks - once per week for three consecutive weeks.

CRITICALCivil cases

Service

Publication

After publication is complete, the attached proof of publication must be completed and returned to the Court.

When publication is complete, fill out the attached proof of publication and return to the Court.

CRITICALCivil cases

Service

Publication

The notice is to be published using one of the listed schedules, and the completed proof of publication must be returned to the Court.

Please publish the following notice [check one of the following] - once - once per week for two consecutive weeks - once per week for three consecutive weeks. When publication is complete, fill out the attached proof of publication and return to the Court.

CRITICALCivil cases

The notice to the Medicaid Estate Recovery Program must be served by a method authorized by Civ.R. 73, and the form certifies that service.

The undersigned certifies that a Notice in compliance with Ohio Revised Code 2117.061 and 5162.21 was served upon the following by a method authorized by Civ.R. 73 on the __________ day of ______________, 20______:

CRITICALCivil cases

A fiduciary who is not the surviving spouse must serve the Entry on all interested persons within seven days.

The Court further orders that the fiduciary, if not the surviving spouse, serve a copy of this Entry upon all interested persons within seven (7) days.

CRITICALCivil cases

Service

Mail

The fiduciary must give all interested parties seven days’ notice of the hearing by certified mail.

The Court finds that there is [ ] a surviving spouse and minor children of the decedent who are not the children of the surviving spouse; [ ] no surviving spouse and more than one minor child; and assigns this application for hearing on ________________________________, 20____, at ____________ o'clock ____.m. and orders that the fiduciary give seven (7) days notice of this hearing by certified mail to all interested parties.

CRITICALCivil cases

The fiduciary must serve a copy of the Entry on all interested persons within seven days.

The Court further orders that the fiduciary serve a copy of this Entry upon all interested persons within seven (7) days.

CRITICALCivil cases

Service

Mail

The certificate recites that the citation and summary were mailed to the surviving spouse by certified mail.

This is to certify that a Citation to Surviving Spouse to Exercise Elective Rights and a Summary of General Rights of Surviving Spouse were mailed to the surviving spouse by certified mail

CRITICALCivil cases

Service

Mail

The certificate recites that a copy was mailed by ordinary mail to the administrator, executor, or the administrator’s or executor’s attorney.

and a copy of this Certificate mailed to the administrator, executor, or the attorney for the administrator or executor, by ordinary mail

CRITICALCivil cases

For a public sale, notice must be advertised at least three times in a county newspaper during the 15 days before the sale, and/or posted at least 15 days before the sale in at least five public places in the relevant township or municipality.

The fiduciary further states that for a public sale, notice will be given by advertisement appearing at least three times in a newspaper of general circulation in the county during a period of fifteen days next preceding such sale and/or by advertisement posted not less than fifteen days next preceding such sale in at least five public places in the township or municipal corporation where such sale is to take place.

CRITICALCivil cases

If the surviving spouse's election period has not expired, the spouse has not consented, and the property is not perishable, the fiduciary must serve the spouse notice of the sale at least ten days in advance.

[Check if applicable] - The time has not expired within which the surviving spouse may elect to purchase personal property at its appraised value; the surviving spouse has not consented to the sale, and the property is not perishable. It is therefore ordered that the fiduciary serve at least ten days notice of the sale upon the surviving spouse, as provided by law.

CRITICALCivil cases

If interested persons have not all consented, the fiduciary must serve the application and hearing notice as required by law on those who have not consented.

The Court finds that all interested persons have not consented, and it is therefore ordered that the Application to Distribute in Kind is scheduled for hearing before the Court located at _________________________________________ ______________________________________________________________________________________________ on _____________________________________________ at ______________o'clock ______M., and that the fiduciary shall serve a copy of the application and notice of the hearing as required by law, upon all interested persons who have not consented.

CRITICALCivil cases

The account service certificate certifies service of a true and accurate copy on all beneficiaries, subject to the stated exceptions.

This is to certify that a true and accurate copy of the ___________________________ account was Type of Account served __________________________upon all beneficiaries of the estate except: Date The following heir or beneficiary whose address is unknown: ___________________________ ____________________________________________________________________________ The following beneficiary of a specific bequest or devise who has received his or her distribution and for which a receipt has been filed or exhibited with the Court: ____________________________________________________________________________

CRITICALCivil cases

The applicant must provide a copy of the Application/Entry to the Office of Disciplinary Counsel.

Applicant shall provide a copy of this Application/Entry to the Office of Disciplinary Counsel.

CRITICALCivil cases

The fiduciary must give notice of the hearing under the Rules of Civil Procedure to wrongful-death and survival-claim beneficiaries who have not waived notice.

The Court sets ___________________________________ at _____________ o’clock _____.m. as the date and time for hearing the above application and orders notice to be given by the fiduciary, as provided in the Rules of Civil Procedure, to the wrongful death and survival claim beneficiaries who have not waived notice.

CRITICALCivil cases

Service

Personal service

Written notice must be personally served on minors over fourteen years of age.

written notice be served personally upon minors over fourteen years of age

CRITICALCivil cases

Written notice must be served on all other entitled recipients in the manner provided by law.

in the manner as is provided by law upon all others entitled to receive the same.

CRITICALCivil cases

Service

Personal service

The prospective ward must be visited and personally served notice of the guardianship application by a Probate Court Investigator.

Ohio law requires that the prospective ward be visited and personally served notice of the application by a Probate Court Investigator.

CRITICALCivil cases

The visit with the proposed ward must be completed at least 7 days before the hearing or the hearing may not be held.

CAUTION: The hearing may not be held unless this visit is completed at least 7 days prior to the hearing date.

CRITICALCivil cases

The adoption hearing notice must be served at least 30 days before the hearing.

Notice must be served not less than 30 days before the date of the hearing

CRITICALCivil cases

Service

Mail

The Court orders the Applicant to serve the Notice of Hearing on necessary parties who have not waived notice; certified mail with return receipt requested is an available method.

The Court orders the Applicant to serve a Notice of Hearing in the following manner on all necessary parties who have not waived notice: By certified mail, return receipt requested

CRITICALCivil cases

Service

Personal service

The Court orders the Applicant to serve the Notice of Hearing on necessary parties who have not waived notice; personal service is an available method.

The Court orders the Applicant to serve a Notice of Hearing in the following manner on all necessary parties who have not waived notice: By personal service

CRITICALCivil cases

Service

Publication

The Court orders the Applicant to serve the Notice of Hearing by publication once in a newspaper of general circulation in the county at least 30 days before the hearing, on necessary parties who have not waived notice.

The Court orders the Applicant to serve a Notice of Hearing in the following manner on all necessary parties who have not waived notice: By publication once in a newspaper of general circulation in this county at least 30 days before the hearing

CRITICALCivil cases

The Applicant must file proof of service with the Court before the hearing.

Applicant shall file proof of service with the Court before the hearing.

CRITICALCivil cases

The applicant will serve hearing notice on any nonconsenting parent or alleged father as required by the court under R.C. 2717.14.

The Applicant will serve Notice of the Hearing on any nonconsenting parent or alleged father as the Court requires pursuant to R.C. 2717.14.

CRITICALCivil cases

Applies to

Notice of hearing

The legal notice, including its caption, must be published once in full, publication costs must be paid by the applicant, and an Affidavit of Publication must be furnished to the applicant.

Note to Publisher: The above legal notice including the caption is to be published once in its entirety. Costs are to be paid by applicant and an Affidavit of Publication is to be furnished to applicant.

CRITICALCivil cases

Service

Mail

The Court orders the Applicant to serve a Notice of Hearing in the following manner on all necessary parties who have not waived notice: By certified mail, return receipt requested

The Court orders the Applicant to serve a Notice of Hearing in the following manner on all necessary parties who have not waived notice: By certified mail, return receipt requested

CRITICALCivil cases

Service

Personal service

The Applicant may serve the Notice of Hearing by personal service on necessary parties who have not waived notice.

The Court orders the Applicant to serve a Notice of Hearing in the following manner on all necessary parties who have not waived notice: By personal service

CRITICALCivil cases

Service

Publication

The Applicant may serve the Notice of Hearing by publishing it once in a newspaper of general circulation in the county at least 30 days before the hearing.

The Court orders the Applicant to serve a Notice of Hearing in the following manner on all necessary parties who have not waived notice: By publication once in a newspaper of general circulation in this county at least 30 days before the hearing

CRITICALCivil cases

The Applicant must file proof of service with the Court before the hearing.

Applicant must file proof of service with the Court before the hearing.

CRITICALCivil cases

The applicant must give notice of the hearing to parents who have not waived notice, in accordance with the Rules of Civil Procedure; the form also provides for the court to further order the minor and a parent to attend.

The Court sets _____________________________, at __________ o’clock __.m. as the date and time for hearing the above application and orders notice to be given by the applicant, as provided in the Rules of Civil Procedure, to the parents who have not waived notice and (further orders that the minor and parent attend the hearing.)

CRITICALCivil cases

The applicant must give notice of the application hearing to all interested parties as provided in the Rules of Civil Procedure.

The Court sets ___________________________, at ________ o’clock ___.m. as the date and time for hearing the above application and orders notice to be given by the applicant, as provided in the Rules of Civil Procedure, to all interested parties.

CRITICALCivil cases

The Adult and the persons identified in the petition must receive notice under R.C. 5101.681.

The Adult and the following persons are required to receive notice pursuant to R.C. 5101.681:

CRITICALCivil cases

Deadline

24 hours

The Adult and the listed persons must receive notice at least 24 hours before the hearing.

The Adult and the following persons are required to receive notice 24 hours prior to the hearing pursuant to R.C. 5101.70:

CRITICALCivil cases

A petitioner requesting waiver of the 24-hour notice requirement must state that delay would cause immediate and irreparable physical harm and that reasonable notification attempts were made when whereabouts are known.

6. (Complete if applicable) Petitioner requests a waiver of the 24-hour notice requirement because: a.) Immediate and irreparable physical harm to the Adult or others will result from the 24-hour delay. Explain:____________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ And b.) Reasonable attempts have been made to notify the above listed individuals, if any, if their whereabouts are known. Explain:_________________________________ ______________________________________________________________________ ______________________________________________________________________

CRITICALCivil cases

Applies to

Notice of hearing

Service

Mail

The notice form includes a certification that a copy was mailed by certified mail to the recipient’s last known address.

I hereby certify that I caused a copy of the within notice to be mailed, by certified mail, to the last known address of

CRITICALCivil cases

Applies to

Notice of hearing

Service

Personal service

The form’s return section records personal delivery of a true copy of the notice.

Received this notice on the _____ day of _____________, 20___, at _________ o’clock _____.M., and on the _____ day of _______________, 20_______, I served the same by delivering a true copy thereof personally to ____________________________

CRITICALCivil cases

Service

Personal service

Unless waived, the fiduciary must give written notice by personal service or certified mail to the specified interested persons no less than 10 days before the hearing.

Unless waived, the fiduciary shall give written notice, no less than 10 days prior to the hearing, by personal service or certified mail to all creditors, claimants, to the surviving spouse, to the custodians of minor children who are not the children of the surviving spouse, and other persons having an interest in the estate as devisees, legatees, heirs and distributees.

CRITICALCivil cases

The fiduciary must file verification of notice service with the court by the date of the hearing.

The fiduciary shall file verification of service of notice with the Court, no later than the date of the hearing.

CRITICALCivil cases

Unless notice is waived, written notice must be served on the listed interested persons at least 10 days before the hearing by personal service or certified mail, with proofs of service and/or waivers attached.

The undersigned does hereby verify that, unless waived, written notice was given, no less than 10 days prior to the hearing, by personal service or certified mail to all creditors, claimants, to the surviving spouse, to the custodians of minor children who are not the children of the surviving spouse, and other persons having an interest in the estate as devisees, legatees, heirs and distributees. Attached hereto are the proofs of service and/or waivers of notice.

CRITICALCivil cases

Unless waived, notice of the application and hearing must be sent by certified mail, return receipt requested, to the listed spouse, heirs, beneficiaries, and cemetery.

6. Notice of this Application and Hearing on the Application shall be given by certified mail return receipt requested to Decedent's surviving spouse, to all persons entitled to inherit if Decedent died without a Will, to all legatees and devisees named in Decedent's Will, and to the cemetery in which the Decedent's remains are interred in accordance with R.C. Section 517.24 unless waived.

CRITICALCivil cases

The person requesting the hearing must give notice to the surviving spouse and next of kin and, if applicable, the will's legatees and devisees, and file proof of service.

The Court Orders that notice of hearing be given to the surviving spouse and next of kin and, if applicable, all legatees and devisees named in the decedent's Will, by the person requesting the hearing, and that proof of services be filed.

CRITICALCivil cases

Written notice of the hearing must be given by mail or another means to all persons entitled to notice.

Written notice of said hearing shall be given by mail or otherwise to all persons entitled to notice.

CRITICALCivil cases

Written notice of the hearing must be given by mail or another means to persons entitled to notice who have not waived it.

and that written notice of said hearing shall be given by mail or otherwise to all persons entitled to notice who have not waived notice.

WARNINGCivil cases

Summons service may be waived in writing by an eligible person who is at least 18 and not under disability, or by the party’s attorney as permitted by the rule.

In any type of action, service of summons may be waived in writing by any person entitled thereto under Civ.R. 4.2 who is at least eighteen years of age and not under disability, or by the party’s attorney as permitted under division (D) (2) of this rule.

WARNINGCivil cases

Unless the serving party instructs the clerk to use certified or express mail, the clerk may use a commercial carrier requiring a signed receipt.

Unless the serving party furnishes written instructions to the clerk that service be made pursuant to Civ.R. 4.1(A)(1)(a), the clerk may make service of any process by a commercial carrier service utilizing any form of delivery requiring a signed receipt. The clerk shall deliver a copy of the process and complaint or other document to be served to a commercial carrier service for delivery at the address set forth in the caption or at the address set forth in written instructions furnished to the clerk, with instructions to the carrier to return a signed receipt showing to whom delivered, date of delivery, and address where delivered.

WARNINGCivil cases

Failure to make proof of service does not affect the validity of service.

failure to make proof of service do not affect the validity of the service.

WARNINGCivil cases

Failure to serve within 28 days or to make proof of service does not affect the validity of service.

Failure to make service within the twenty-eight-day period and failure to make proof of service do not affect the validity of service.

WARNINGCivil cases

Proof of service may be made under Civ.R. 4.1(B) or as directed by court order.

Proof of service may be made as prescribed by Civ.R. 4.1 (B) or by order of the court.

WARNINGCivil cases

Service outside the state is no longer completed by filing an affidavit after certified or express mail is returned for failure of delivery.

Also eliminated is a prior provision permitting service outside the state to be completed by the filing of an affidavit when service by certified or express mail is returned showing failure of delivery.

WARNINGCivil cases

Service

Publication

For division (A)(2)(a) postings, the clerk may use a designated section of the clerk’s website if available, except for protection orders issued under Civ.R. 65.1.

Alternatively, the postings, except for protection orders issued pursuant to Civ.R. 65.1, under this division (A)(2)(a), may be made on the website of the clerk of courts, if available, in a section designated for such purpose.

WARNINGCivil cases

Service

Publication

In civil protection order proceedings with an unknown residence, service may be made by posting and mail without a poverty affidavit.

In civil protection order proceedings where the party’s residence upon whom service is sought is unknown, service may be made by posting and mail without the necessity of a poverty affidavit.

WARNINGCivil cases

Service

Mail

The clerk must record the name, address, and date of each mailing on the docket.

The clerk shall note the name, address, and date of each mailing on the docket.

WARNINGCivil cases

Service

Publication

After the last week of posting under either division, the clerk must record on the docket where and when the notice was posted.

After the last week of posting under either division (A)(2)(a) or division (A)(2)(b) of this rule, the clerk shall note on the docket where and when notice was posted.

WARNINGCivil cases

Service

Publication

Civil protection order proceedings under division (A)(2)(b) are not subject to the poverty-affidavit requirement applicable under division (A)(2)(a).

The new division (A)(2)(b) contains the same general requirements of division (A)(2)(a) except: • The requirement of a poverty affidavit is eliminated.

WARNINGCivil cases

Service

Publication

In the listed proceedings, parties other than plaintiffs may seek service by publication, and parties other than defendants may be served.

• Service by publication may be sought by parties other than plaintiffs and may be sought against parties other than defendants, particularly in divorce, annulment, or legal separation actions; in actions pertaining to the care, custody, and control of children whose parents are not married; in post-decree proceedings in such actions; and in civil protection order proceedings governed by Civ.R. 65.1;

WARNINGCivil cases

Service

Publication

Service by publication may be used for documents other than complaints, including petitions, motions, and orders, in the listed proceedings.

• Service by publication may be sought for the service of documents other than complaints -- such as petitions, motions, and orders -- in divorce, annulment, or legal separation actions; in actions pertaining to the care, custody, and control of children whose parents are not married; in post-decree proceedings in such actions; and in civil protection order proceedings governed by Civ.R. 65.1;

WARNINGCivil cases

Service

Publication

The time to respond or appear after service of a document other than a complaint may differ from twenty-eight days in the listed proceedings.

• A time other than within twenty-eight days of service may be required to respond or appear in response to service of a document other than a complaint -- such as service of a petition, motion, or order in divorce, annulment, or legal separation actions; in actions pertaining to the care, custody, and control of children whose parents are not married; in post-decree proceedings in such actions; and in civil protection order proceedings governed by Civ.R. 65.1.

WARNINGCivil cases

Failure to claim United States certified or express mail or commercial carrier service does not count as refusal of service under this division.

Failure to claim United States certified or express mail or commercial carrier service is not refusal of service within the meaning of this division.

WARNINGCivil cases

The refusal procedure does not apply if the envelope also shows a delivery-failure reason other than “Refused.”

This division shall not apply if any reason for failure of delivery other than “Refused” is also shown on the United States certified or express mail envelope.

WARNINGCivil cases

Service

Mail

If ordinary mail is returned undelivered, the clerk must promptly notify the attorney or serving party.

If the ordinary mail envelope is returned undelivered, the clerk shall forthwith notify the attorney, or serving party.

WARNINGCivil cases

The waiver provisions apply only to civil actions in courts of common pleas, excluding Civ.R. 65.1 petitions and specified domestic relations matters.

The waiver of service provisions in this rule only apply in civil actions in the courts of common pleas, except that they do not apply to petitions seeking orders under Civ.R. 65.1 nor to domestic relations matters as defined in R.C. 3105.011.

WARNINGCivil cases

If a defendant subject to personal jurisdiction fails without good cause to return a requested waiver, the court may impose the later service expenses and reasonable expenses, including attorney's fees, of a motion to collect them.

If a defendant over which the court has personal jurisdiction fails, without good cause, to sign and return a waiver requested by a plaintiff, the court may impose on the defendant both of the following: (1) The expenses later incurred in making service; (2) The reasonable expenses, including attorney's fees, of any motion required to collect those service expenses.

WARNINGCivil cases

The waiver request must include two waiver forms and a prepaid means to return one signed copy; the recipient may keep the other copy.

Two copies of the waiver form are enclosed, along with a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy.

WARNINGCivil cases

If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service.

If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service.

WARNINGCivil cases

A defendant subject to personal jurisdiction who fails to return a requested waiver may be required to pay service expenses unless the defendant shows good cause; the listed beliefs do not constitute good cause.

A defendant who is subject to the court’s personal jurisdiction and who fails to return a signed waiver of service requested by a plaintiff may be required to pay the expenses of service, unless the defendant shows good cause for the failure. “Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant’s property.

WARNINGCivil cases

Signing and returning a waiver preserves other defenses and objections but forecloses an objection based on the absence of a summons or service.

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service.

WARNINGCivil cases

Only persons identified in Rule 4.2 who are at least 18 and not under a disability may waive service.

Pursuant to Rule 4(D), only those persons who are identified in Rule 4.2 and who are eighteen years of age or older and not under a disability may waive service.

WARNINGCivil cases

If electronic means such as facsimile transmission or electronic mail are employed, the sender should maintain a record of the transmission to assure proof of transmission if receipt is denied, but a party receiving such a transmission has a duty to cooperate and cannot avoid liability for the resulting cost of formal service if the transmission is prevented at the point of receipt.

If electronic means such as facsimile transmission or electronic mail are employed, the sender should maintain a record of the transmission to assure proof of transmission if receipt is denied, but a party receiving such a transmission has a duty to cooperate and cannot avoid liability for the resulting cost of formal service if the transmission is prevented at the point of receipt.

WARNINGCivil cases

A requested waiver is not suitable when filing does not toll an about-to-expire limitations period; unless ample time remains, the plaintiff should use formal service methods.

The device of requested waiver of service is not suitable if a limitations period which is about to expire is not tolled by filing the action. Unless there is ample time, the plaintiff should proceed directly to the formal methods for service identified in Rules 4-4.6.

WARNINGCivil cases

The procedure of requesting waiver of service should also not be used if the time for service under Rule 4(E) will expire before the date on which the waiver must be returned.

The procedure of requesting waiver of service should also not be used if the time for service under Rule 4(E) will expire before the date on which the waiver must be returned.

WARNINGCivil cases

Division (B) is amended to eliminate this method of service for domestic relations cases as well as civil protection order cases.

Division (B) is amended to eliminate this method of service for domestic relations cases as well as civil protection order cases.

WARNINGCivil cases

Service may be made through a commercial carrier, and is complete when delivered to the carrier.

(d) Delivering it to a commercial carrier service for delivery to the person’s last known address within three calendar days, in which event service is complete upon delivery to the carrier;

WARNINGCivil cases

Service

Electronic service

Electronic service may be sent to a fax number or email address provided under Civ.R. 11, or to another platform if all counsel and unrepresented parties agree in writing; service is complete upon transmission but ineffective if the sender learns it did not reach the recipient.

(f) Sending it by electronic means to a facsimile number or e-mail address provided in accordance with Civ.R. 11 by the attorney or party to be served, or, if mutually agreed in writing by all counsel and unrepresented parties, any other electronic media platform(s), in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person served.

WARNINGCivil cases

In actions with unusually large numbers of defendants, the court may order that defendants need not serve pleadings and replies on one another, specify how claims and defenses are treated, and direct service of the order.

In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.

WARNINGCivil cases

Service

Electronic service to all parties

A party may use a court’s transmission facilities for electronic service only if authorized by local rule.

The rule is amended by adding a new division Civ.R. 5(B)(3) permitting a party to use a court's transmission facilities to serve other parties by electronic means if so authorized by local rule, and the subsequent division of the rule is renumbered accordingly.

WARNINGCivil cases

A motion for leave to take depositions pending appeal must follow the notice and service requirements in subsection (A)(2).

If an appeal has been taken from a judgment of any court, a party who desires to perpetuate testimony may make a motion in the court where the action was tried, for leave to take depositions upon the same notice and service thereof as provided in (A)(2) of this rule.

WARNINGCivil cases

For cause shown, the court may enlarge or shorten the time for serving cross, redirect, or recross questions.

The court may for cause shown enlarge or shorten the time.

WARNINGCivil cases

Errors or irregularities in a deposition notice are waived unless a written objection stating the grounds is promptly served on the party who gave notice.

All errors and irregularities in the notice for taking a deposition are waived unless written objection stating the grounds therefor, is promptly served upon the party giving the notice.

WARNINGCivil cases

Rule 31 written-question form objections must be served in writing within the time allowed for succeeding questions and within seven days after service of the last authorized questions, or they are waived.

Objections to the form of written questions submitted under Rule 31 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within seven days after service of the last questions authorized.

WARNINGCivil cases

Applies to

Interrogatories

Service

Electronic service to opposing party

Whenever feasible, the party serving the interrogatories shall serve them pursuant to Civ.R. 5(B)(2)(f) or (B)(3) on a shareable medium and in an editable format.

Whenever feasible, the party serving the interrogatories shall serve them pursuant to Civ.R. 5(B)(2)(f) or (B)(3) on a shareable medium and in an editable format.

WARNINGCivil cases

Applies to

Interrogatories

The serving party must also provide a paper copy of interrogatories to an unrepresented party.

If the party being served is unrepresented by counsel, the serving party also shall provide a paper copy of the interrogatories to the unrepresented party.

WARNINGCivil cases

Applies to

Interrogatories

Without leave of court, interrogatories may be served on the plaintiff after the action begins and on another party after that party is served with the summons and complaint.

Interrogatories, without leave of court, may be served upon the plaintiff after commencement of the action and upon any other party after service of the summons and complaint upon the party.

WARNINGCivil cases

Failure to provide an electronic copy does not itself change the response period; the responding party may request an extension as the remedy.

The 2009 amendment specifies the consequence and appropriate remedy for this situation.

WARNINGCivil cases

A party unable to serve a request electronically may use another service method permitted by Civ.R. 5(B)(2).

A party who is unable to serve a request for admission electronically may serve the request by other means permitted under Civ.R. 5(B)(2).

WARNINGCivil cases

A movant may serve reply arguments within seven days after service of the response to the motion.

a movant’s reply may be served within seven days of service of the response to the motion.

WARNINGCivil cases

Civ.R. 6(C) governs service requirements for responses to summary-judgment motions and movants’ replies.

Recognizing that provisions of Civ.R.6(C) govern the requirements for service of responses to motions for summary judgment and for service of a movant’s reply to such responses, the amendment to Civ.R. 56(C) eliminates the prior provisions addressing those matters.

WARNINGCivil cases

Service is complete when the notice has been served and the service has been noted in the appearance docket.

Upon serving the notice and notation of the service in the appearance docket, the service is complete.

WARNINGCivil cases

A movant may serve a reply within 7 days after service of the response to the motion.

and a movant’s reply may be served within seven days of service of the response to the motion.

WARNINGCivil cases

An adverse party may move to dissolve or modify a temporary restraining order without notice on two days’ notice to the party who obtained it, or on shorter notice prescribed by the court.

On two days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification,

WARNINGCivil cases

An order accompanying a pleading may be served together with the process and pleading.

accompanying a pleading the order may be served with the process and pleading.

WARNINGCivil cases

Restraining orders or injunctions granted with notice may be served under the specified rules or by a method designated by court order.

Restraining orders or injunctions which are granted with notice may be served in the manner provided under Rule 4 through Rule 4.3 and Rule 4.6, in the manner provided in Rule 5 or in the manner designated by order of the court.

WARNINGCivil cases

At the Petitioner’s request, the court may limit or modify specified service methods to protect the confidentiality of the Petitioner’s address.

Upon request of the Petitioner, any method of service provided by Civ.R. 4 through 4.6 or by Civ.R. 5(B) may be limited or modified by the court to protect the confidentiality of the Petitioner’s address in making service under this division.

WARNINGCivil cases

Applies to

Initial service

If personal service fails, other methods under Civ.R. 4 through 4.6 may be used for initial service.

Notwithstanding, division (C)(2) of this rule also recognizes, only upon failure of personal service, the other methods of service of process in the Rules of Civil Procedure, i.e., Civ.R. 4 through 4.6, provide similar reliable form of notice for the initial service.

WARNINGCivil cases

For motions for renewal, contempt, modification, or termination of a full-hearing protection order or approved consent agreement, an initial attempt at personal service is not required and any method under Civ.R. 4 through 4.6 is appropriate.

Accordingly, an initial attempt by personal service is not required and any of the methods of service under Civ.R. 4 through Civ.R. 4.6 is appropriate for such a motion.

WARNINGCivil cases

When the court requires proof of service, it must consist of qualifying waivers or signed receipts under the referenced Civil Rule provisions.

If required by the court, proof of service shall consist of either waivers of notice of the probate of will or signed receipt as provided under Civil Rule 73(E)(3), or if necessary, under Civil Rule 73(E)(4) and (5).

WARNINGCivil cases

A minor may not sign a waiver of notice, and no one may sign on behalf of a minor who is sixteen or seventeen.

A waiver of notice may not be signed by any minor, or on behalf of a minor sixteen or seventeen years of age.

WARNINGCivil cases

For applications seeking additional compensation for extraordinary services, the court may require a hearing and notice to interested persons under Civil Rule 73(E).

The court may require the application to be set for hearing with notice given to interested persons in accordance with Civil Rule 73(E).

WARNINGCivil cases

The probate division may require the guardian compensation application to be set for hearing and notice given to interested persons under Civ.R. 73(E).

The probate division of a court of common pleas may require the application to be set for hearing with notice given to interested persons in accordance with Civ.R. 73(E).

WARNINGCivil cases

The court may require the trustee compensation application to be set for hearing and notice given to interested parties under Civil Rule 73(E).

The court may require that the application be set for hearing with notice given to interested parties in accordance with Civil Rule 73(E).

WARNINGCivil cases

A temporary order for spousal or child support, or allocation of parental rights and responsibilities, may be requested in a pleading or by a motion served with it; the court may grant the order for good cause based on a filed affidavit, without an oral hearing.

(1) When requested in the complaint, answer, or counterclaim, or by motion served with the pleading, upon satisfactory proof by affidavit duly filed with the clerk of the court, the court or magistrate, without oral hearing and for good cause shown, may grant a temporary order regarding spousal support to either of the parties for the party's sustenance and expenses during the suit and may make a temporary order regarding the support, maintenance, and allocation of parental rights and responsibilities for the care of children of the marriage, whether natural or adopted, during the pendency of the action for divorce, annulment, or legal separation.

WARNINGCivil cases

The Court must send the relocation notice to the other parent, subject to the cited statutory exceptions.

Except as provided in R.C. 3109.051(G)(2), (3), and (4), the Court shall send a copy of the notice to the other parent.

WARNINGCivil cases

Each parent must notify the Court and the other parent in writing of changes to their address or telephone numbers unless a Court order provides otherwise.

Each parent shall inform the Court and the other parent, in writing, of changes in address and telephone, including cellular telephone number, unless otherwise provided by Court order.

WARNINGCivil cases

The form asks the clerk to serve the listed papers on the identified party using the service method indicated, including certified mail, sheriff service, or another specified method.

Please serve the Motion for Contempt, Affidavit, Show Cause Order and Notice and Instructions to the Clerk on the following party as I have indicated below: _____________________________ Plaintiff/Defendant/Petitioner/Respondent/Other Party by: Certified Mail, Return Receipt Requested Issuance to Sheriff of ______________________ County, Ohio for Personal or Residence service Other: (specify) _______________________________________________________________________

WARNINGCivil cases

A party may use this form to waive the right to receive service of documents filed or to be filed by the other party.

Instructions: This form is used when you want to waive the right to receive service of documents filed or to be filed by the other party.

WARNINGCivil cases

Use the Request for Service form to select how the parties will be served.

A Request for Service form (Supreme Court of Ohio Uniform Domestic Relations Form 31/Juvenile Form 10) is used to select how you want the parties to be served. You can find this form at www.supremecourt.ohio.gov or on your local court’s website.

WARNINGCivil cases

Service should be made to all parties in the case.

Service should be made to all parties in the case.

WARNINGCivil cases

Upon request, the Clerk must provide the Petitioner copies of the Petition and certified copies of the Order.

The Clerk of Court shall also provide copies of the Petition and certified copies of this Order to Petitioner upon request.

WARNINGCivil cases

Upon Petitioner’s request, the Clerk must provide certified copies of the Petition and Order.

The Clerk of Court shall also provide certified copies of the Petition and this Order to Petitioner upon request.

WARNINGCivil cases

Service

Court service

The Clerk must provide certified copies of the Order to the Petitioner upon request.

The Clerk of Court shall also provide certified copies of this Order to Petitioner upon request.

WARNINGCivil cases

Applies to

Notice

Service

Mail

The certifying person states that they mailed a copy of the notice by certified mail to the recipient’s last known address.

I hereby certify that I caused a copy of the within notice to be mailed, by certified mail, to the last known address of

WARNINGCivil cases

Applies to

Notice

Service

Personal service

The return section records personal delivery of a true copy of the notice.

Received this notice on the ____ day of ____________, 20____, at ___________ o’clock _____.M., and on the _____ day of _____________, 20_______, I served the same by delivering a true copy thereof personally to _____________________________

INFOCivil cases

A waiver of summons service signed by a party’s attorney is presumed authorized.

A waiver signed by a party’s attorney is presumed to be authorized.

INFOCivil cases

The clerk may instead deliver process to a person designated by court order to serve civil process.

In the alternative, process may be delivered by the clerk to a person designated by court order to serve civil process under division (E) of this rule.

INFOCivil cases

After an applicant applies and certifies under oath or affirmation that the requirements are met, the court may appoint the applicant by order to serve process for up to one year.

Upon application and certification by an applicant under oath or affirmation that the applicant satisfies the requirements of division (D) of this rule, the court may designate that person by court order to make personal or residence service of process under divisions (B) or (C) of this rule for a period up to one year.

INFOCivil cases

Service

Publication

The rule uses “party requesting service” and “party to be served” instead of limiting the roles to plaintiffs and defendants.

The rule is amended by replacing “plaintiff” and “defendant” with the terms “party requesting service” and “party to be served.”

INFOCivil cases

Proof of service in a foreign country may be made under Civ.R. 4.1(B), the foreign country’s law, or court order.

Proof of service may be made as prescribed by Civ.R. 4.1(B), or by the law of the foreign country, or by order of the court.

INFOCivil cases

Process may be served anywhere in the state and, when authorized, outside the state.

All process may be served anywhere in this state and, when authorized by law or these rules, may be served outside this state.

INFOCivil cases

Waiving summons service does not waive an objection to jurisdiction or venue.

Waiving service of a summons does not waive any objection to jurisdiction or to venue.

INFOCivil cases

A waiver preserves defenses and objections to the lawsuit, jurisdiction, and venue, but waives objections based on the absence of a summons or service.

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.

INFOCivil cases

Applies to

Notice and request for waiver

Alternatives to United States mail are permitted for sending the Notice and Request for Waiver.

Paragraph (A)(7) permits the use of alternatives to the United States mails in sending the Notice and Request.

INFOCivil cases

Service

Electronic service

A party may use the court’s transmission facilities for electronic service if a local rule authorizes it.

If a local rule so authorizes, a party may use the court's transmission facilities to make service under Civ.R. 5(B)(2)(f).

INFOCivil cases

A party not represented by an attorney may designate a facsimile number or email address for electronic service.

Rule 11 has been amended to permit a party who is not represented by an attorney to designate a facsimile number or e-mail address for purposes of service by electronic means.

INFOCivil cases

Applies to

Interrogatories

A party unable to serve interrogatories electronically may use other service methods permitted by Civ.R. 5(B)(2).

A party who is unable to serve the interrogatories electronically may serve them by other means permitted under Civ.R. 5(B)(2).

INFOCivil cases

A paper copy is not required but is permitted, including when the court relieves a party unable to provide an electronic copy.

Although service of a paper copy is no longer necessary, it is not prohibited and would be appropriate, for example, when a party who is unable to provide an electronic copy is relieved of that requirement by the court.

INFOCivil cases

Service

Mail

A person authorized to serve a subpoena may serve it by United States certified or express mail.

Consistent with Civ.R. 4.1(A) relating to service of process for a complaint and summons, the amendment allows a person, otherwise authorized by the Rule to perform service of a subpoena, to do so by means of United States certified or United States express mail.

INFOCivil cases

The court may permit supplemental and reply affidavits.

The court may permit supplemental and reply affidavits.

INFOCivil cases

Service

Mail

The service request form provides certified mail and sheriff-issued personal or residence service as selectable methods for serving the listed party.

Please serve the following parties with the above marked documents: Defendant/Petitioner 2/Respondent at __________________________________________________________________________(address) by: Certified Mail, Return Receipt Requested Issuance to Sheriff of County, Ohio for Personal or Residence service Other: (specify)

CRITICALCivil cases

For covered subpoenas, the issuing party must promptly serve all other parties written notice with a copy of the subpoena; subpoenas for trial or hearing are excluded.

The amendment adds a new first sentence to Civ.R. 45(A)(3) to require service as provided in Civ.R. 5 on all other parties of prompt written notice of any subpoena issued under Civ.R. 45(A)(1)(b)(ii), (iii), (iv), or (v). Unlike former Civ.R. 34(C), amended Civ.R. 45(a)(3) requires that notice include a copy of the subpoena. Subpoenas issued under Civ.R. 45(A)(1)(b)(i) for trial or hearing are excluded from the notice requirement of amended Civ.R. 45(A)(3) to permit a trial court to decide, pursuant to local rule, customary practice, or otherwise, whether to require prior disclosure by parties of the identity of witnesses to be called during a trial or hearing.

CRITICALCivil cases

Service

Mail

The order records service or delivery to the indicated parties under Civ. R. 5(B) and 65.1(C)(3), including by ordinary mail, and provides a date for that service or delivery.

Copies of this Order, which is a final appealable order, were served on or delivered to the parties indicated pursuant to Civ. R. 5(B) and 65.1(C)(3), including ordinary mail, on

CRITICALCivil cases

Copies of the order must be delivered to the listed recipients.

COPIES OF THIS ORDER SHALL BE DELIVERED ON: Petitioner Petitioner’s Attorney Respondent’s Attorney Counseling Program: Sheriff’s Office: Law Enforcement Agency Where Petitioner Resides: Law Enforcement Agency Where Petitioner Works: CSEA Other:

CRITICALCivil cases

Copies of the final appealable order must be served on or delivered to the indicated parties under Civ.R. 5(B) and 65.1(C)(4), including by ordinary mail.

Copies of this Order, which is a final appealable order, were served on or delivered to the parties indicated above pursuant to Civ.R. 5(B) and 65.1(C)(4), including ordinary mail, on day of , 20

CRITICALCivil cases

The clerk must serve a copy of the Order on Respondent pursuant to Civ.R. 65.1(C)(4).

A COPY OF THIS ORDER SHALL BE SERVED ON RESPONDENT PURSUANT TO CIV.R. 65.1(C)(4).

CRITICALCivil cases

Copies of the order and accompanying documents must be delivered to the applicable listed recipients.

COPIES OF THIS ORDER AND ANY OTHER ACCOMPANYING DOCUMENTS SHALL BE DELIVERED TO: Petitioner Petitioner’s Attorney Law Enforcement Agency Where Petitioner Resides: Sheriff’s Office: Law Enforcement Agency Where Petitioner Works: Other:

CRITICALCivil cases

The clerk must serve a copy of the order on the respondent under Civ.R. 65.1(C)(3) and deliver copies to the listed recipients.

A COPY OF THIS ORDER SHALL BE SERVED ON RESPONDENT PURSUANT TO CIV.R. 65.1(C)(3). COPIES OF THIS ORDER SHALL BE DELIVERED ON: Petitioner Petitioner’s Attorney Respondent’s Attorney Counseling Program: Sheriff’s Office Law Enforcement Agency Where Petitioner Resides: Law Enforcement Agency Where Petitioner Works: Other:

CRITICALCivil cases

The Clerk must serve Respondent with a copy of the Order under Civ.R. 65.1(C)(4).

A COPY OF THIS ORDER SHALL BE SERVED ON RESPONDENT PURSUANT TO CIV.R. 65.1(C)(4).

CRITICALCivil cases

Copies of the petition, order, and accompanying documents must be served on the applicable respondent and listed parent, guardian, or legal custodian pursuant to Civil Rule 65.1(C)(2).

COPIES OF PETITION, THIS ORDER, AND ANY OTHER ACCOMPANYING DOCUMENTS SHALL BE SERVED ON PURSUANT TO CIV.R. 65.1(C)(2): Respondent Respondent’s Parent 1: Respondent’s Parent 2: Respondent’s Guardian or Legal Custodian:

CRITICALCivil cases

Copies of the order must be served under Civ.R. 65.1(C)(3) on the respondent and the listed parent, guardian or legal custodian, and attorney.

TO THE CLERK: COPIES OF THIS ORDER SHALL BE SERVED PURSUANT TO CIV.R. 65.1(C)(3) TO: Respondent Respondent’s Parent 1: Respondent’s Parent 2: Respondent’s Guardian or Legal Custodian: Respondent’s Attorney

CRITICALCivil cases

Copies of the final appealable Order must be served on or delivered to the indicated parties pursuant to Civ.R. 5(B) and 65.1(C)(3), including by ordinary mail.

Copies of the foregoing Order, which is a final appealable order, were served on or delivered to the parties indicated pursuant to Civ.R. 5(B) and 65.1(C)(3), including ordinary mail on / /

WARNINGCivil cases

The form provides for copies of the Order to be served on or delivered to the indicated parties under Civ.R. 65.1(C)(4)(b), including by ordinary mail.

Copies of this Order, which is a final appealable order, were served on or delivered to the parties indicated above pursuant to Civ.R. 65.1(C)(4)(b), including ordinary mail, on day of , 20

WARNINGCivil cases

Copies of the Order must be delivered to the listed recipients, as applicable.

COPIES OF THIS ORDER SHALL BE DELIVERED ON: Petitioner Petitioner’s Attorney Respondent’s Attorney Counseling Program: Sheriff’s Office Law Enforcement Agency Where Petitioner Resides: Law Enforcement Agency Where Petitioner Works: Other: