Ohio Civ.R. 4

As amended through October 29, 2024

Rule 4 - Process: Summons

(A) Summons: issuance. Upon the filing of the complaint the clerk shall forthwith issue a summons for service upon each defendant listed in the caption. Upon request of the plaintiff separate or additional summons shall issue at any time against any defendant.

(B) Summons: form; copy of complaint. The summons shall be signed by the clerk, contain the name and address of the court and the names and addresses of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the times within which these rules or any statutory provision require the defendant to appear and defend, and shall notify the defendant that in case of failure to do so, judgment by default will be rendered against the defendant for the relief demanded in the complaint. Where there are multiple plaintiffs or multiple defendants, or both, the summons may contain, in lieu of the names and addresses of all parties, the name of the first party on each side and the name and address of the party to be served.

A copy of the complaint shall be attached to each summons. The plaintiff shall furnish the clerk with sufficient copies.

(C) Summons: plaintiff and defendant defined. For the purpose of issuance and service of summons "plaintiff" shall include any party seeking the issuance and service of summons, and "defendant" shall include any party upon whom service of summons is sought.

(D) Waiver of service of summons.

(1) Authority to waive service of summons, generally

In any type of action, service of summons may be waived in writing by any person entitled thereto under Civ.R. 4.2 who is at least eighteen years of age and not under disability, or by the party's attorney as permitted under division (D)(2) of this rule.

(2) Waiver by attorney on behalf of a party

A waiver signed by a party's attorney is presumed to be authorized.

(3) Waiver by individual on own behalf

A waiver signed by an individual on that individual's own behalf is valid only if the waiver sets forth a mailing address or e-mail address for that individual, which shall be deemed a proper address for service under Civ.R. 5.

(E) Summons: time limit for service. If a service of the summons and complaint is not made upon a defendant within six months after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court's own initiative with notice to such party or upon motion. This division shall not apply to out-of- state service pursuant to Rule 4.3 or to service in a foreign country pursuant to Rule 4.5.

(F) Summons: revivor of dormant judgment. Upon the filing of a motion to revive a dormant judgment the clerk shall forthwith issue a summons for service upon each judgment debtor. The summons, with a copy of the motion attached, shall be in the same form and served in the same manner as provided in these rules for service of summons with complaint attached, shall command the judgment debtor to serve and file a response to the motion within the same time as provided by these rules for service and filing of an answer to a complaint, and shall notify the judgment debtor that in case of failure to respond the judgment will be revived.

Ohio. Civ.R. 4

Effective:7/1/1970; amended effective 7/1/1971;7/1/1973;7/1/1975;7/1/1984; amended effective 7/1/2008; amended effective 7/1/2020; amended effective 7/1/2024.

Staff Note (July 1, 2008 Amendment)

The adoption of the Ohio Rules of Civil Procedure in 1970 left unclear the procedure and manner of service for a motion to revive a dormant judgment, formerly governed by R.C. 2325.15 and R.C. 2325.16 which referred to statutes superseded by the Rules. Division (F) of Rule 4 has been adopted to make clear that R.C. 2325.15 and R.C. 2325.16 are superseded by this new Rule. It requires, consistent with the practice under the prior statutes, that a motion to revive a dormant judgment be served upon the judgment debtor in the same manner as service of summons with complaint attached, affording the debtor an opportunity to show cause against the revivor.

Proposed Staff Note (July 2020)

Civ.R. 4(D) is amended to include a reference to the specific provisions for waiver of service of summons provided for in Civ.R. 4.7.

Proposed Staff Note (July 1, 2024 Amendment)

Civil Rule 4(D) is amended in three respects. First, Civ.R. 4(D) and 4.7(B) are amended to clarify that service of summons may be waived in any case. No substantive change is intended in this respect. Second, the rule is amended such that a waiver signed by a party's attorney is presumed to be authorized. This amendment promotes the reliability of a waiver signed by an attorney on behalf of a client and minimizes the risk of a defendant, late in the course of an action, asserting that the attorney lacked authority to waive service of summons on behalf of the defendant. Third, the rule is amended such that a waiver signed by an individual on the individual's own behalf is valid only if the waiver sets forth a mailing or e-mail address for that individual, which address is then deemed proper for service of subsequent papers. This amendment is prompted by instances, especially in juvenile court and domestic relations court, of unrepresented parties waiving service of summons without providing the court and the opposing parties an address for service of subsequent papers.