Ohio Rules of Civil Procedure - Supreme Court

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failure of delivery. If the ordinary mail envelope is returned undelivered, the clerk shall forthwith notify the attorney, or serving party. (E) Duty of attorney of record or serving party. 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. [Effective: July 1, 1970; amended effective July 1, 1971; July 1, 1978; July 1, 1997; July 1, 2012.] Staff Note (July 1, 2012 Amendment) Divisions (C) and (D) are amended (1) to specify that their provisions for service by United States ordinary mail apply to service by commercial carrier that is returned showing “Refused” but do not apply to service by commercial carrier that is returned showing “Unclaimed” and (2) to make clear that these divisions are applicable to U.S. mail service attempted both within and outside the state. Division (C) relating to service “Refused” is also amended to specify that its provisions do not apply to ambiguous returns of U.S. certified or express mail stating other reasons for failure of delivery that suggest lack of actual notice to the defendant, such as “unable to forward”. Division (D) relating to service “Unclaimed” is not similarly amended with respect to returns stating both “Unclaimed” and other reasons for failure of delivery; however, division (D) continues to apply only to U.S. Postal Service returns showing that the addressee was notified of, and failed to claim, the certified or express mail envelope. Staff Note (July 1, 1997 Amendment) Rule 4.6 Process: Limits; amendment; service refused; service unclaimed 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 equally well as certified mail. Therefore, the amendment provides for this additional option for service. Other amendments to this rule are nonsubstantive grammatical or stylistic changes.
RULE 5. Service and Filing of Pleadings and Other Papers Subsequent to the Original Complaint (A) Service: When Required. 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. (B) Service: how made. (1) Serving an attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party. (2) Service in general. A document is served under this rule by: (a) handing it to the person; (b) leaving it: (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 (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; (c) mailing it to the person’s last known address by United States mail, in which event service is complete upon mailing; (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; (e) leaving it with the clerk of court if the person has no known address; or (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, 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.
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 and 26: RULE 4.5 Process: Alternative Provi
Page 27: RULE 4.6 Process: Limits; Amendment
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
Page 79 and 80:
The deposition shall then be signed
Page 81 and 82:
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
Page 87 and 88:
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
Page 95 and 96:
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
Page 105 and 106:
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
Page 111 and 112:
RULE 44. Proof of Official Record (
Page 113 and 114:
RULE 45. Subpoena (A) Form; Issuanc
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objection has been made, the party
Page 117 and 118:
Staff Note (July 1, 2012 Amendment)
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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
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RULE 51. Instructions to the Jury;
Page 131 and 132:
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
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
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(C) Security. No temporary restrain
Page 163 and 164:
RULE 65.1. Civil Protection Orders
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(i) A magistrate’s denial or gran
Page 167 and 168:
Division (E): Appointed counsel for
Page 169 and 170:
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
Page 185 and 186:
Rule 75(G) Relief pending appeal. S
Page 187 and 188:
RULE 77 TO 80. [RESERVED]
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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
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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 $_
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
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Ohio Rules of Civil Procedure - Supreme Court

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