Ohio Legal Update — What's New in Ohio Process Service
Week of November 16, 2025
Executive Summary
Short version: No emergency statute changes were enacted this week, but important Rule amendments from July 1, 2023 and July 1, 2024 continue to affect how service of process and waiver procedures are handled in Ohio courts. Make sure your returns, waivers, and affidavits follow updated Civ.R. procedures — particularly the clarified rules on waivers and addresses for future service.
Key Points Process Servers Should Know
- Methods of service: Personal delivery, certified/registered mail, service by publication, and court-approved alternatives remain the primary methods under the Ohio Rules of Civil Procedure. Ensure you follow the specific affidavit and publication timeline requirements for publication service.
- 28-day returns rule: If service cannot be completed within 28 days, the server must make a return and state the reasons; clerks may enter the return on the appearance docket. This remains a best practice to avoid challenges to service timeliness.
- Waiver of service (Civ.R. 4(D) / 4.7): The rules clarify the procedures for waiving service (including that waivers may set a future mailing or e-mail address for service under Civ.R. 5). When obtaining a waiver, confirm and record the address provided for future service.
- Service by publication: Requires a supporting affidavit and filing of the notice and proof of publication; some family-law actions have special posting and mailing requirements — follow the rule text carefully.
Practical Action Items (This Week)
- Update your standard service checklist to require: method, date/time, exact location, defendant contact attempts, and signer authority if a waiver is used.
- When receiving waivers, log the explicit mailing or e-mail address given for future service under Civ.R. 5.
- For publication cases: confirm publisher affidavits are filed and include copies of the notice as proof of service.
- Train staff and subcontractors on the July 1, 2023/2024 rule clarifications — especially on waivers and technology-allowed procedures that may affect timelines.
Notes & Helpful Reminders
- Ohio's Rules of Civil Procedure are periodically amended; monitor the Supreme Court of Ohio's rule amendment page for changes effective July 1 each year.
- Local county rules (e.g., clerk procedures) may impose additional requirements — always confirm local clerk instructions for filing returns or mailing certificates.
- When in doubt, coordinate with the attorney who hired you to ensure the chosen method of service satisfies the court's expectations.