11.11.2012 Views

Ohio Rules of Civil Procedure - Supreme Court

Ohio Rules of Civil Procedure - Supreme Court

Ohio Rules of Civil Procedure - Supreme Court

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

(10) Causing tortious injury to any person by a criminal act, any element <strong>of</strong> which takes<br />

place in this state, that the person to be served commits or in the commission <strong>of</strong> which the person<br />

to be served is guilty <strong>of</strong> complicity.<br />

(B) Methods <strong>of</strong> service.<br />

(1) Service by clerk. The clerk may make service <strong>of</strong> process or other documents to be<br />

served outside the state in the same manner as provided in Civ.R. 4.1(A)(1) through Civ.R.<br />

4.1(A)(3).<br />

(2) Personal service. When ordered by the court, a "person" as defined in division<br />

(A) <strong>of</strong> this rule may be personally served with a copy <strong>of</strong> the process and complaint or other<br />

document to be served. Service under this division may be made by any person not less than<br />

eighteen years <strong>of</strong> age who is not a party and who has been designated by order <strong>of</strong> the court to<br />

make personal service <strong>of</strong> process. On request, the clerk shall deliver the summons to the plaintiff<br />

for transmission to the person who will make the service.<br />

Pro<strong>of</strong> <strong>of</strong> service may be made as prescribed by Civ.R. 4.1 (B) or by order <strong>of</strong> the court.<br />

[Effective: July 1, 1970; amended effective July 1, 1971; July 1, 1980; July 1, 1988; July<br />

1, 1991; July 1, 1997; July 1, 2012.]<br />

Staff Note (July 1, 2012 Amendment)<br />

Rule 4.3(B) is amended to incorporate, rather than restate, the provisions <strong>of</strong> amended Civ.R.<br />

4.1(A)(1) through Civ.R. 4.1(A)(3) for service by the clerk. The substantive changes (1) permit the clerk to<br />

make service <strong>of</strong> process outside the state using a commercial carrier service to make delivery by any<br />

method requiring a signed receipt and (2) make clear that the method <strong>of</strong> service <strong>of</strong> process permitted to<br />

be made by a person designated by the court is limited to personal service.<br />

Also eliminated is a prior provision permitting service outside the state to be completed by the<br />

filing <strong>of</strong> an affidavit when service by certified or express mail is returned showing failure <strong>of</strong> delivery. <strong>Rules</strong><br />

4.6(C) and (D) address returns <strong>of</strong> service showing “refused” and “unclaimed” when service is attempted by<br />

U.S. mail under Civ.R. 4.1(A)(1)(a), and those provisions apply to service attempted outside the state by<br />

that method.<br />

Rule 4.3 Process: Out-<strong>of</strong>-state service<br />

Staff Note (July 1, 1997 Amendment)<br />

Prior to the 1997 amendment, service <strong>of</strong> process under this rule was permitted only by certified<br />

mail. It appears that service <strong>of</strong> process by express mail, i.e. as that sort <strong>of</strong> mail is delivered by the United<br />

States Postal Service, can always be obtained return receipt requested, and thus could accomplish the<br />

purpose <strong>of</strong> notification equally well as certified mail. Therefore, the amendment provides for this additional<br />

option for service.<br />

Other amendments to this rule are nonsubstantive grammatical or stylistic changes.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!