Ohio Rules of Civil Procedure - Supreme Court

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Staff Note (July 1, 2008 Amendment) The adoption of the Ohio Rules of Civil Procedure in 1970 left unclear the procedure and manner of service for a motion to revive a dormant judgment, formerly governed by R.C. 2325.15 and R.C. 2325.16 which referred to statutes superseded by the Rules. Division (F) of Rule 4 has been adopted to make clear that R.C. 2325.15 and R.C. 2325.16 are superseded by this new Rule. It requires, consistent with the practice under the prior statutes, that a motion to revive a dormant judgment be served upon the judgment debtor in the same manner as service of summons with complaint attached, affording the debtor an opportunity to show cause against the revivor.
RULE 4.1 Process: Methods of Service All methods of service within this state, except service by publication as provided in Civ.R. 4.4(A), are described in this rule. Methods of out-of-state service and for service in a foreign country are described in Civ.R. 4.3 and 4.5. (A) Service by clerk. (1) Methods of service. (a) Service by United States certified or express mail. Evidenced by return receipt signed by any person, service of any process 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. (b) Service by commercial carrier service. As an alternative to service under 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. (2) Docket entries; Return. 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. (3) Costs. All postage and commercial carrier service fees shall be charged to costs. If the parties to be served are numerous and the clerk determines there is insufficient security for costs, the clerk may require the party requesting service to advance an amount estimated by the clerk to be sufficient to pay the costs of delivery.
Page 1 and 2: OHIO RULES OF CIVIL PROCEDURE Title
Page 3 and 4: Title VII JUDGMENT Rule 54 Judgment
Page 5 and 6: TITLE I. SCOPE OF RULES--ONE FORM O
Page 7 and 8: TITLE II. COMMENCEMENT OF ACTION AN
Page 9 and 10: (D) Venue: no proper forum in Ohio.
Page 11 and 12: (4) In reference to a silicosis cla
Page 13: RULE 4. Process: Summons (A) Summon
Page 17 and 18: When the person serving process is
Page 19 and 20: (J) Upon a professional association
Page 21 and 22: RULE 4.3 Process: Out-of-State Serv
Page 23 and 24: RULE 4.4 Process: Service by Public
Page 25 and 26: RULE 4.5 Process: Alternative Provi
Page 27 and 28: RULE 4.6 Process: Limits; Amendment
Page 29 and 30: RULE 5. Service and Filing of Plead
Page 31 and 32: Rule 5(B) Staff Note (July 1, 2012
Page 33 and 34: Staff Note (July 1, 2012 Amendment)
Page 35 and 36: RULE 8. General Rules of Pleading (
Page 37 and 38: RULE 9. Pleading Special Matters (A
Page 39 and 40: (b) The plaintiff may file a motion
Page 41 and 42: Staff Note (July 1, 2005 Amendment)
Page 43 and 44: equires that courts submit any loca
Page 45 and 46: (D) Preliminary hearings. The defen
Page 47 and 48: (I) Separate trials; separate judgm
Page 49 and 50: RULE 15. Amended and Supplemental P
Page 51 and 52: RULE 16. Pretrial Procedure In any
Page 53 and 54: TITLE IV. PARTIES RULE 17. Parties
Page 55 and 56: RULE 19. Joinder of Persons Needed
Page 57 and 58: Rule 19.1(A), Persons to be Joined
Page 59 and 60: RULE 21. Misjoinder and Nonjoinder
Page 61 and 62: RULE 23. Class Actions (A) Prerequi
Page 63 and 64: RULE 23.1. Derivative Actions by Sh
Page 65 and 66:
RULE 25. Substitution of Parties (A
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(4) Electronically stored informati
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e conducted with on one present exc
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RULE 27. Perpetuation of Testimony-
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(G) Construction of rule. This rule
Page 75 and 76:
Staff Note (July 1, 2001 Amendment)
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RULE 30. Depositions upon oral exam
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The deposition shall then be signed
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Page 83 and 84:
RULE 32. Use of Depositions in Cour
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(4) As to completion and return of
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An interrogatory otherwise proper i
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to readily include the interrogator
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(3) If a request does not specify t
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issuance of most types of subpoena
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RULE 36. Requests for Admission (A)
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electronic mail." Finally, the amen
Page 99 and 100:
RULE 37. Failure to Make Discovery:
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(D) Failure of party to attend at o
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RULE 38. Jury Trial of Right TITLE
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RULE 40. Pre-Recorded Testimony All
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(3) Adjudication on the merits; exc
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Each act includes a request that th
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RULE 44. Proof of Official Record (
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RULE 45. Subpoena (A) Form; Issuanc
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objection has been made, the party
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RULE 46. Exceptions Unnecessary An
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against an alternate juror only, an
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challenge waives that challenge but
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RULE 48. Juries: Majority Verdict;
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RULE 50. Motion for a Directed Verd
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RULE 51. Instructions to the Jury;
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RULE 52. Findings by the Court When
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(f) Imposing, subject to Civ. R. 53
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(4) Action of court on magistrate
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for the judicial functions but only
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Action of court on magistrate’s d
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In re Disqualification of Light (19
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[now division (E)(3)(d)]. First, th
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Rule 53(D) Proceedings Prior langua
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RULE 55. Default (A) Entry of judgm
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to in an affidavit shall be attache
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RULE 57. Declaratory Judgments The
Page 153 and 154:
RULE 59. New Trials (A) Grounds. A
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RULE 60. Relief From Judgment or Or
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RULE 62. Stay of Proceedings to Enf
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TITLE VIII. PROVISIONAL AND FINAL R
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(C) Security. No temporary restrain
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RULE 65.1. Civil Protection Orders
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(i) A magistrate’s denial or gran
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Division (E): Appointed counsel for
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RULE 67. [RESERVED]
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RULE 69. Execution Process to enfor
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RULE 71. Process in Behalf of and A
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TITLE IX. PROBATE, JUVENILE, AND DO
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No pleading, application, acknowled
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RULE 74. [RESERVED] [Former Rule 74
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(1) The judgment also divides the p
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ordered or change the allocation of
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Rule 75(G) Relief pending appeal. S
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RULE 77 TO 80. [RESERVED]
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state. RULE 82. Jurisdiction Unaffe
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RULE 84. Forms The forms contained
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RULE 86. Effective Date (A) Effecti
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(M) Effective date of amendments. T
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(Y) Effective date of amendments. T
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APPENDIX OF FORMS (See Rule 84) INT
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You are hereby summoned and require
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Fees Service $__________ Mileage $_
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Fees Service $__________ Mileage $_
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FORM 2A. COMPLAINT ON A PROMISSORY
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FORM 4. COMPLAINT FOR GOODS SOLD AN
Page 211 and 212:
FORM 6. COMPLAINT FOR MONEY PAID BY
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FORM 8. COMPLAINT FOR NEGLIGENCE 1.
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FORM 10. COMPLAINT FOR CONVERSION O
Page 217 and 218:
FORM 12. COMPLAINT ON CLAIM FOR DEB
Page 219 and 220:
FORM 14. MOTION TO DISMISS, PRESENT
Page 221 and 222:
FORM 15. ANSWER PRESENTING DEFENSES
Page 223 and 224:
FORM 16. SUMMONS AGAINST THIRD-PART
Page 225 and 226:
FORM 17. MOTION TO INTERVENE AS A D
Page 227 and 228:
FORM 19. JUDGMENT ON DECISION BY TH
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Ohio Rules of Civil Procedure - Supreme Court

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