RULES OF CIVIL PROCEDURE - Supreme Court

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(10) Causing tortious injury to any person by a criminal act, any element of which takesplace in this state, that the person to be served commits or in the commission of which the personto be served is guilty of complicity.(B)Methods of service.(1) Service by clerk. The clerk may make service of process or other documents to beserved outside the state in the same manner as provided in Civ.R. 4.1(A)(1) through Civ.R.4.1(A)(3).(2) Personal service. When ordered by the court, a "person" as defined in division(A) of this rule may be personally served with a copy of the process and complaint or otherdocument to be served. Service under this division may be made by any person not less thaneighteen years of age who is not a party and who has been designated by order of the court tomake personal service of process. On request, the clerk shall deliver the summons to the plaintifffor transmission to the person who will make the service. The person serving process shall locatethe person to be served and shall tender a copy of the process and accompanying documents tothe person to be served.Proof of service may be made as prescribed by Civ.R. 4.1 (B) or by order of the court. Failure tomake service within the twenty-eight-day period and failure to make proof of service do notaffect the validity of service.[Effective: July 1, 1970; amended effective July 1, 1971; July 1, 1980; July 1, 1988; July1, 1991; July 1, 1997; July 1, 2012; July 1, 2014.]Staff Note (July 1, 2014 Amendments)Rule 4.3(B)(2) is amended to be consistent with the provisions of Civ.R. 4.1(B) relating to personalservice within the state which specify, “The person serving process shall locate the person to be servedand shall tender a copy of the process and accompanying documents to the person to be served” and“Failure to make service within the twenty-eight-day period and failure to make proof of service do notaffect the validity of service.”Staff Note (July 1, 2012 Amendment)Rule 4.3(B) is amended to incorporate, rather than restate, the provisions of amended Civ.R.4.1(A)(1) through Civ.R. 4.1(A)(3) for service by the clerk. The substantive changes (1) permit the clerk tomake service of process outside the state using a commercial carrier service to make delivery by anymethod requiring a signed receipt and (2) make clear that the method of service of process permitted tobe made by a person designated by the court is limited to personal service.Also eliminated is a prior provision permitting service outside the state to be completed by thefiling of an affidavit when service by certified or express mail is returned showing failure of delivery. Rules4.6(C) and (D) address returns of service showing “refused” and “unclaimed” when service is attempted byU.S. mail under Civ.R. 4.1(A)(1)(a), and those provisions apply to service attempted outside the state bythat method.
Rule 4.3 Process: Out-of-state serviceStaff Note (July 1, 1997 Amendment)Prior to the 1997 amendment, service of process under this rule was permitted only by certifiedmail. It appears that service of process by express mail, i.e. as that sort of mail is delivered by the UnitedStates Postal Service, can always be obtained return receipt requested, and thus could accomplish thepurpose of notification equally well as certified mail. Therefore, the amendment provides for this additionaloption for service.Other amendments to this rule are nonsubstantive grammatical or stylistic changes.
Page 1 and 2: OHIO RULES OF CIVIL PROCEDURETitle
Page 3 and 4: Title VII JUDGMENTRule54 Judgments;
Page 5 and 6: TITLE I. SCOPE OF RULES--ONE FORM O
Page 10 and 11: (2) After final judgment, or upon d
Page 12 and 13: Nonsubstantive grammatical revision
Page 14 and 15: Staff Note (July 1, 2008 Amendment)
Page 16 and 17: (B) Personal service. When the plai
Page 18 and 19: RULE 4.2Process: Who May be ServedS
Page 20 and 21: Division (G) is inserted into Civ.R
Page 24 and 25: RULE 4.4Process: Service by Publica
Page 26 and 27: RULE 4.5Process: Alternative Provis
Page 28 and 29: RULE 4.6Process: Limits; Amendment;
Page 30 and 31: RULE 5.Original ComplaintService an
Page 36 and 37: RULE 8.General Rules of Pleading(A)
Page 38 and 39: RULE 9.Pleading Special Matters(A)
Page 40 and 41: (b) The plaintiff may file a motion
Page 44 and 45: equires that courts submit any loca
Page 46 and 47: (D) Preliminary hearings. The defen
Page 48 and 49: (I) Separate trials; separate judgm
Page 50 and 51: RULE 15.Amended and Supplemental Pl
Page 52 and 53: RULE 16.Pretrial ProcedureIn any ac
Page 54 and 55: TITLE IV. PARTIESRULE 17.Parties Pl
Page 56 and 57: RULE 19. Joinder of Persons Needed
Page 60 and 61: RULE 21.Misjoinder and Nonjoinder o
Page 62 and 63: RULE 23.Class Actions(A) Prerequisi
Page 64 and 65: RULE 23.1. Derivative Actions by Sh
Page 66 and 67: RULE 25.Substitution of Parties(A)D
Page 68 and 69: (4) Electronically stored informati
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RULE 27.AppealPerpetuation of Testi
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(G) Construction of rule. This rule
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Staff Note (July 1, 2001 Amendment)
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RULE 30.Depositions upon oral exami
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The deposition shall then be signed
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RULE 32.Use of Depositions in Court
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RULE 33.Interrogatories to Parties(
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Similar amendments have been made t
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RULE 34. Producing documents, elect
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(b)The petitioner is otherwise unab
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RULE 35.Physical and Mental Examina
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(B) Effect of admission. Any matter
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The Rules Advisory Committee is awa
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(2) If any party or an officer, dir
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RULE 39.Trial by Jury or by the Cou
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RULE 41.Dismissal of Actions(A)Volu
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RULE 42.Consolidation; Separate Tri
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RULE 43.[RESERVED]
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RULE 44.1. Judicial Notice of Certa
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(2) The clerk shall issue a subpoen
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form that is reasonably useable. Un
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RULE 46.Exceptions UnnecessaryAn ex
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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; S
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RULE 50.VerdictMotion for a Directe
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RULE 51.Instructions to the Jury; O
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RULE 52.Findings by the CourtWhen q
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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) ProceedingsPrior languag
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RULE 55.Default(A) Entry of judgmen
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to in an affidavit shall be attache
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RULE 57.Declaratory JudgmentsThe pr
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RULE 59.New Trials(A) Grounds. A ne
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RULE 60.Relief From Judgment or Ord
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RULE 62.Stay of Proceedings to Enfo
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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.ExecutionProcess to enforce
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RULE 71.Process in Behalf of and Ag
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TITLE IX. PROBATE, JUVENILE, ANDDOM
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No pleading, application, acknowled
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RULE 74.[RESERVED][Former Rule 74,
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(F) Judgment. The provisions of Civ
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for the care of children is journal
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Rule 75(G) Relief pending appeal.St
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RULE 77 TO 80.[RESERVED]
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TITLE X. GENERAL PROVISIONSRULE 82.
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RULE 84.FormsThe forms contained in
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RULE 86.Effective Date(A) Effective
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(M) Effective date of amendments. T
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(Y) Effective date of amendments. T
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(LL) Effective date of amendments.
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FORM 1. CAPTION AND SUMMONSCOURT OF
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INSTRUCTIONS FOR PERSONAL OR RESIDE
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RETURN OF SERVICE OF SUMMONS(RESIDE
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FORM 2. COMPLAINT ON A PROMISSORY N
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FORM 3. COMPLAINT ON AN ACCOUNTDefe
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FORM 5. COMPLAINT FOR MONEY LENTDef
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FORM 7. COMPLAINT FOR MONEY HAD AND
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FORM 9. COMPLAINT FOR NEGLIGENCE WH
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FORM 11. COMPLAINT FOR SPECIFIC PER
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FORM 13. COMPLAINT FOR INTERPLEADER
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SERVICE OF COPYA copy hereof was se
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CROSS-CLAIM AGAINST DEFENDANT M.N.[
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FORM 16A. COMPLAINT AGAINST THIRD-P
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FORM 18. JUDGMENT ON JURY VERDICTCO
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NoteThis form is illustrative of th
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B. COMPUTATION OF CURRENT INCOMEHus
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B. OTHER MONTHLY LIVING EXPENSESFoo
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Charitable contributions $Membershi
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COURT OF COMMON PLEASCOUNTY, OHIOPl
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CategoryDescription(List who has po
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1.2.3.4.1.2.I. Transfer of Assets E
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V. BANKRUPTCYFiled by: Wife,Husband
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. Child’s Name: Place of Birth:Da
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6. Persons not a party to this case
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MotherFatherUnder the available ins
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Complete the following information,
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OATH(Do not sign until notary is pr
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IN THE COURT OF COMMON PLEASDivisio
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child(ren):The non-residential pare
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4. I state regarding children (chec
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CERTIFICATE OF SERVICEI delivered a
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The dates of birth of children who
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J. The parties that appeared have h
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E. Other orders regarding property
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2E. Deductibility of Spousal Suppor
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B. Present at the hearing were the:
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The Defendant or Plaintiff is guilt
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B. The Defendant shall pay the foll
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Mother shall be the residential par
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SEVENTH: HEALTH INSURANCE COVERAGEA
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The total of child support and cash
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The Obligor and/or Obligee required
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2claim the minor child(ren).TENTH:
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1The Petitioners request the Court
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4. Check all that apply:The Wife is
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2. Marital Real EstateThe parties o
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The parties shall make arrangements
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3. One or both parties has/have bus
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and Wife shall receive the followin
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theat his/her place of employment.C
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Each party waives all rights of inh
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FIRST: PARENTS’ RIGHTSThe parents
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F. Other orders:G. Public BenefitsF
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N. School Activities Access NoticeP
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FOURTH: CHILD SUPPORTAs required by
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The relative financial resources, o
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for the child(ren) is also required
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in question:B. Other orders regardi
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FIRST: PARENTS’ RIGHTSWe, the par
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with notice to both parents to dete
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policy, contract, or plan to either
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Extended parenting time or extraord
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• Child’s death• Child’s ma
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H. ArrearageAny temporary child sup
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IN THE MATTER OF:IN THE COURT OF CO
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1INSTRUCTIONS TO THE CLERKYou are d
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2. Select one:parent and/or legal c
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2. Select one:(name) is currently d
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2. The person responsible for provi
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