Ohio Rules of Civil Procedure - Supreme Court

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Staff Note (July 1, 2012 Amendment) Rule 4.5 is amended to provide that when service is to be made in a foreign country that is a signatory to the Hague Convention, the provisions of that Convention supersede the other methods for service in a foreign country that are described in the rule. Pursuant to the 2012 amendments to Civ.R. 4.1(A) and Civ.R. 4.3(B)(1), delivery by commercial carrier service, requiring a signed receipt, is also authorized when the Hague Convention does not apply. Staff Note (July 1, 1997 Amendment) Rule 4.5 Process: Alternative Provisions for Service in a Foreign Country The 1997 amendment changed a cross-reference in division (B) necessitated by the relettering of Civ. R. 4.1, also effective July 1, 1997. Other amendments to this rule are nonsubstantive grammatical or stylistic changes.
RULE 4.6 Process: Limits; Amendment; Service Refused; Service Unclaimed (A) Limits of effective service. All process may be served anywhere in this state and, when authorized by law or these rules, may be served outside this state. (B) Amendment. The court within its discretion and upon such terms as are just, may at any time allow the amendment of any process or proof of service thereof, unless the amendment would cause material prejudice to the substantial rights of the party against whom the process was issued. (C) United States certified or express mail or commercial carrier service refused. 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. 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. The mailing shall be evidenced by a certificate of mailing which shall be completed and filed by the clerk. Answer day shall be twenty-eight days after the date of mailing as evidenced by the certificate of mailing. The clerk shall endorse this answer date upon the summons which is sent by ordinary mail. Service shall be deemed complete when the fact of mailing is entered of record. Failure to claim United States certified or express mail or commercial carrier service is not refusal of service within the meaning of this division. 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. (D) United States certified or express mail service unclaimed. If a United States certified or express mail envelope attempting service within or outside the state is returned with an endorsement stating that the envelope 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. 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. The mailing shall be evidenced by a certificate of mailing which shall be completed and filed by the clerk. Answer day shall be twenty-eight days after the date of mailing as evidenced by the certificate of mailing. The clerk shall endorse this answer date upon the summons which is sent by ordinary mail. 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
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 and 16: RULE 4.1 Process: Methods of Servic
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: RULE 4.5 Process: Alternative Provi
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 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 77 and 78:
RULE 30. Depositions upon oral exam
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The deposition shall then be signed
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Staff Note (July 1, 1997 Amendment)
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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
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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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Staff Note (July 1, 2012 Amendment)
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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
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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
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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
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FORM 14. MOTION TO DISMISS, PRESENT
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FORM 15. ANSWER PRESENTING DEFENSES
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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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