Family Law Playbook: Ohio Edition · Step 9 of 11
How to Serve Court Papers in Ohio
Service by the clerk, personal and residence service, refused or unclaimed mail, publication, and later papers
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal
Quick answer
In Ohio, the clerk of courts serves the summons and complaint, or a post-decree motion, usually by certified or express mail, or by personal or residence service through the sheriff or an appointed process server when you request it in writing. The uniform Request for Service (Form 31) tells the clerk which method to use. A defendant generally has 28 days after service to answer.
Starting a case or a post-decree motion
Service of the first papers in a case is made through the clerk of courts, using the methods in Civ.R. 4.1. The same is true after a divorce or legal separation decree: a motion that invokes the court’s continuing jurisdiction must be served in the manner provided for service of process under Civ.R. 4 to 4.6 (Civ.R. 75(J)). The uniform Form 31 (Juvenile Form 10), Request for Service (amended September 21, 2020) lets you list the documents to serve and choose the method for each party.
Methods of service in Ohio
- Certified or express mail. Unless the rules permit otherwise, the clerk serves by United States certified or express mail, return receipt requested, evidenced by a return receipt signed by any person accepting delivery (Civ.R. 4.1(A)(1)(a)).
- Commercial carrier. Unless you give written instructions to use certified or express mail, the clerk may use a commercial carrier that requires a signed receipt (Civ.R. 4.1(A)(1)(b)).
- Personal service. If you file a written request, the process is delivered to the sheriff, or to a person the court has designated by order to serve process, who hands it to the person served (Civ.R. 4.1(B)).
- Residence service. If you file a written request, the server leaves the papers at the person’s usual place of residence with someone of suitable age and discretion who lives there (Civ.R. 4.1(C)).
A court-designated process server must be at least 18, not a party or related to a party, and meet the other requirements in Civ.R. 4.1(D).
Refused or unclaimed mail
If certified or express mail is refused, or comes back unclaimed, the clerk notifies you. You can then file a written request for ordinary mail service. The clerk mails the summons and complaint by ordinary mail, and answer day is 28 days after the date of mailing shown on the certificate of mailing (Civ.R. 4.6(C), (D)). For unclaimed mail, service is complete when the mailing is entered of record, provided the ordinary mail envelope is not returned showing failure of delivery. Failure to claim mail is not a refusal.
Following up is your job
When you cannot find the other party
If a party’s residence is unknown and cannot be found with reasonable diligence, you file an affidavit describing all your efforts to find it, and service is made by publication (Civ.R. 4.4(A)(1)). In divorce, annulment, legal separation, actions about the care, custody, and control of children of unmarried parents, and post-decree proceedings, if you are proceeding on a poverty affidavit, publication is made by posting and mail instead (Civ.R. 4.4(A)(2)(a)). Juvenile court publication is governed by Juv.R. 16(A), with the method set by local rule.
Waiving service
The general waiver procedure in Civ.R. 4.7 does not apply to domestic relations matters as defined in R.C. 3105.011 (Civ.R. 4.7(B)). The uniform set does include Form 30 (Juvenile Form 9), Waiver of Service of Summons (amended September 21, 2020), which a party signs to waive service by the clerk of listed documents. Check your local rules on when the court accepts it.
Deadlines after service
- Answer. A defendant serves an answer within 28 days after service of the summons and complaint, or 28 days after service by publication is complete (Civ.R. 12(A)(1)).
- Motion response. Responses to a written motion, other than a summary judgment motion, may be served within 14 days after service of the motion (Civ.R. 6(C)(1)).
- Juvenile court. The summons directs the party to appear at a stated time and place. When served by certified mail, that time must be at least seven days after mailing (Juv.R. 16(A)).
Serving papers after the case starts
Papers served under Civ.R. 5 after the original summons and complaint go to the party, or to the party’s attorney if the party is represented (Civ.R. 5(B)(1)). Methods include handing the papers over, mailing them to the last known address (service is complete on mailing), delivery to a commercial carrier, leaving them with the clerk if the person has no known address, or email to an address the party provided (Civ.R. 5(B)(2)). Every served document needs a proof of service stating the date and manner of service, and the court will not consider a filed document until proof of service is endorsed or filed (Civ.R. 5(B)(4)).
Example
Primary sources
Rules and forms change. Check the current version at the source before you file.
Common questions
How long do I have to answer an Ohio complaint for divorce or custody?
Under Civ.R. 12(A)(1), a defendant must serve an answer within 28 days after service of the summons and complaint, or within 28 days after service by publication is complete. If certified mail was refused or unclaimed and the clerk then sends the papers by ordinary mail at the serving party's written request, answer day is 28 days after the date of mailing shown on the certificate of mailing (Civ.R. 4.6(C), (D)). In juvenile court, the summons directs you to appear at a stated time and place (Juv.R. 16(A)).
Is there an Ohio form for responding to a custody motion?
No. The uniform domestic relations forms include answers to divorce complaints and a counter affidavit for temporary orders (Affidavit 5), but no form for responding to a motion to change custody or parenting time after a decree. Under Civ.R. 6(C)(1), responses to a written motion, other than a summary judgment motion, may be served within 14 days after service of the motion, and on a party's motion the court may shorten or lengthen that time for good cause (Civ.R. 6(C)(3)). Many courts also set response practice by local rule, so check your court's rules and your notice of hearing.
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