Ohio Rules of Civil Procedure - Supreme Court

More documents

Recommendations

Info

(B) Personal service. When the plaintiff files a written request with the clerk for personal service, service of process shall be made by that method. 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 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 under this division. 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. When the person serving process is unable to serve a copy of the process within twentyeight 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. Failure to make service within the twenty-eight day period and failure to make proof of service do not affect the validity of the service. (C) Residence service. When the plaintiff files a written request with the clerk for residence service, service of process shall be made by that method. 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 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. In the alternative, process may be delivered by the clerk to 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 residence service of process under this division. 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. 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.
When the person serving process is unable to serve a copy of the process within twentyeight 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. Failure to make service within the twenty-eight-day period and failure to make proof of service do not affect the validity of service. [Effective: July 1, 1970; amended effective July 1, 1971; July 1, 1980; July 1, 1997; July 1, 2012.] Rule 4.1 Process: Methods of Service Staff Note (July 1, 1997 Amendment) Prior to the 1997 amendment, service of process under this rule was permitted only by certified mail. It appears that service of process by express mail, i.e. as that sort of mail is delivered by the United States Postal Service, can always be obtained return receipt requested, and thus could accomplish the purpose of notification as well as certified mail. The amendment provides for this additional option for service. Other amendments to this rule are nonsubstantive grammatical or stylistic changes, including lettering of the divisions (A-C) in place of the previous numbering (1-3). Staff Note (July 1, 2012 Amendment) Rule 4.1(A) is subdivided and amended to permit the clerk to make service of process using a commercial carrier service to make delivery by any method requiring a signed receipt. A “signed receipt” includes the return and filing of an electronic image of the signature. The amendment also removes the “by mail” limitation to the clerk’s method of notifying plaintiff or plaintiff’s attorney of a failure of delivery. 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. Rule 4.1(C), which describes residence service, is also amended to track and incorporate where applicable the language of Civ.R. 4.1(B) which describes personal service, clarifying which portions of the two methods are the same and which portions are different.
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 and 14: RULE 4. Process: Summons (A) Summon
Page 15: RULE 4.1 Process: Methods of Servic
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
Page 67 and 68:
(4) Electronically stored informati
Page 69 and 70:
e conducted with on one present exc
Page 71 and 72:
RULE 27. Perpetuation of Testimony-
Page 73 and 74:
(G) Construction of rule. This rule
Page 75 and 76:
Staff Note (July 1, 2001 Amendment)
Page 77 and 78:
RULE 30. Depositions upon oral exam
Page 79 and 80:
The deposition shall then be signed
Page 81 and 82:
Page 83 and 84:
RULE 32. Use of Depositions in Cour
Page 85 and 86:
(4) As to completion and return of
Page 87 and 88:
An interrogatory otherwise proper i
Page 89 and 90:
to readily include the interrogator
Page 91 and 92:
(3) If a request does not specify t
Page 93 and 94:
issuance of most types of subpoena
Page 95 and 96:
RULE 36. Requests for Admission (A)
Page 97 and 98:
electronic mail." Finally, the amen
Page 99 and 100:
RULE 37. Failure to Make Discovery:
Page 101 and 102:
(D) Failure of party to attend at o
Page 103 and 104:
RULE 38. Jury Trial of Right TITLE
Page 105 and 106:
RULE 40. Pre-Recorded Testimony All
Page 107 and 108:
(3) Adjudication on the merits; exc
Page 109 and 110:
Each act includes a request that th
Page 111 and 112:
RULE 44. Proof of Official Record (
Page 113 and 114:
RULE 45. Subpoena (A) Form; Issuanc
Page 115 and 116:
objection has been made, the party
Page 117 and 118:
Page 119 and 120:
RULE 46. Exceptions Unnecessary An
Page 121 and 122:
against an alternate juror only, an
Page 123 and 124:
challenge waives that challenge but
Page 125 and 126:
RULE 48. Juries: Majority Verdict;
Page 127 and 128:
RULE 50. Motion for a Directed Verd
Page 129 and 130:
RULE 51. Instructions to the Jury;
Page 131 and 132:
RULE 52. Findings by the Court When
Page 133 and 134:
(f) Imposing, subject to Civ. R. 53
Page 135 and 136:
(4) Action of court on magistrate
Page 137 and 138:
for the judicial functions but only
Page 139 and 140:
Action of court on magistrate’s d
Page 141 and 142:
In re Disqualification of Light (19
Page 143 and 144:
[now division (E)(3)(d)]. First, th
Page 145 and 146:
Rule 53(D) Proceedings Prior langua
Page 147 and 148:
RULE 55. Default (A) Entry of judgm
Page 149 and 150:
to in an affidavit shall be attache
Page 151 and 152:
RULE 57. Declaratory Judgments The
Page 153 and 154:
RULE 59. New Trials (A) Grounds. A
Page 155 and 156:
RULE 60. Relief From Judgment or Or
Page 157 and 158:
RULE 62. Stay of Proceedings to Enf
Page 159 and 160:
TITLE VIII. PROVISIONAL AND FINAL R
Page 161 and 162:
(C) Security. No temporary restrain
Page 163 and 164:
RULE 65.1. Civil Protection Orders
Page 165 and 166:
(i) A magistrate’s denial or gran
Page 167 and 168:
Division (E): Appointed counsel for
Page 169 and 170:
RULE 67. [RESERVED]
Page 171 and 172:
RULE 69. Execution Process to enfor
Page 173 and 174:
RULE 71. Process in Behalf of and A
Page 175 and 176:
TITLE IX. PROBATE, JUVENILE, AND DO
Page 177 and 178:
No pleading, application, acknowled
Page 179 and 180:
RULE 74. [RESERVED] [Former Rule 74
Page 181 and 182:
(1) The judgment also divides the p
Page 183 and 184:
ordered or change the allocation of
Page 185 and 186:
Rule 75(G) Relief pending appeal. S
Page 187 and 188:
RULE 77 TO 80. [RESERVED]
Page 189 and 190:
state. RULE 82. Jurisdiction Unaffe
Page 191 and 192:
RULE 84. Forms The forms contained
Page 193 and 194:
RULE 86. Effective Date (A) Effecti
Page 195 and 196:
(M) Effective date of amendments. T
Page 197 and 198:
(Y) Effective date of amendments. T
Page 199 and 200:
APPENDIX OF FORMS (See Rule 84) INT
Page 201 and 202:
You are hereby summoned and require
Page 203 and 204:
Fees Service $__________ Mileage $_
Page 205 and 206:
Fees Service $__________ Mileage $_
Page 207 and 208:
FORM 2A. COMPLAINT ON A PROMISSORY
Page 209 and 210:
FORM 4. COMPLAINT FOR GOODS SOLD AN
Page 211 and 212:
FORM 6. COMPLAINT FOR MONEY PAID BY
Page 213 and 214:
FORM 8. COMPLAINT FOR NEGLIGENCE 1.
Page 215 and 216:
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
show all

Ohio Rules of Civil Procedure - Supreme Court

Create successful ePaper yourself

Delete template?

Save as template?