Ohio Service of Process Rules
Ohio
State Serve Rules
Affidavit
Notary
Not Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Yes, state requires service directly on the incarcerated person
Service to a minor
parent/guardian
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Required, must obtain a court order before serving
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
Suitable age and discretion
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Subserve to a co-resident permissible
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Required, server must endorse details on the doc served, and the copy attached to the affidavit
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - TM
Court also mails a copy of summons and complaint.
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Not Required
Mail if subserve
No
Mail SLA
3
Posting Rules
Due Diligence Prior to Posting
Not Required
Posting
Permissible
Eviction Posting Rules
Additional Rules
Additional rules - TM
1) Personal, 2) Posting
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
Yes
Mail always?
Optional
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**Who May Serve.** Service herein shall be made by any person not less than 18 years of age who is not a party and who has been designated by order of the court. On request, the clerk shall deliver the summons to the plaintiff for transmission to the person who will make the service.
**Personal Service, Individuals.** When the plaintiff files a written request with the clerk for personal service, service shall be made by that method. …The clerk of the court shall be delivered by the clerk to any person not less than 18 years of age, who is not a party and who has been designated by order of the court to make service of process…Service of process… shall be made as follows: (1) Upon an individual [16 years or older] by serving the individual.
**Residence Service.** When the plaintiff files a written request with the clerk for residence service, service shall be made by that method. Residence service shall be effected by leaving a copy … at the usual place of residence of the person to be served with some person of suitable age and discretion then residing therein.
**Corporations.** …by serving the agent authorized by appointment or by law to receive service of process; … or by serving an officer or a managing or general agent of the corporation.
**Return of Service.** When 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 … process is unable [to be served] within 28 days, [the process server] shall endorse that fact and the reason therefor on the process and return … to the clerk who shall make the appropriate entry on the appearance docket…
**Subpoena.** A subpoena may be served by a sheriff, bailiff, coroner, clerk of court, constable, or a deputy of any, by an attorney at law, or by any other person designated by order of court who is not a party and is not less than 18 years of age. Service .. upon a person named therein shall be made by delivering a copy to the person, by reading it to him or her in person, or by leaving it at the person’s usual place of residence, and by tendering to the person upon demand the fees for one day’s attendance and the mileage allowed by law. … If the witness being subpoenaed resides outside the county in which the court is located, the fees for one day’s attendance and mileage shall be tendered without demand. The return [which must be returned to the clerk] may be forwarded through through the postal service or otherwise.
