Service of process pursuant to Civ.R. 4 through Civ.R. 4.6, except service by publication as provided in Civ.R. 4.4(A), shall be made as follows:
Service of process pursuant to Civ.R. 4 through 4.6, except service by publication as provided in Civ.R. 4.4(A), may be made upon an address confidentiality "program participant," as defined by R.C. 111.41(G), by serving the Secretary of State.
Ohio. Civ.R. 4.2
Staff Note (July 1, 2017 Amendment)
At the request made by the Legislature in Section 3 of 2016 Sub.H.B. No. 359, the 2017 amendment adds a final paragraph to the rule to allow service of process to be made upon an address confidentiality "program participant," as defined by R.C. 111.41(G), by serving the Secretary of State as the program participant's agent. "Program participants" include victims of domestic violence and other persons who would be at risk of harm should their addresses be disclosed.
Staff Note (July 1, 2016 Amendments)
Division 4.2(B) of the rule is amended to substitute "a parent" for "father" and "mother" as a person upon whom service of process may be made to effectuate service of process upon a person under sixteen years of age. The amendment is made in accordance with the July 26, 2015 Administrative Action of the Ohio Supreme Court, 06/26/2015 Administrative Actions, 2015-Ohio-2568, which ordered that the Ohio Rules of Civil Procedure be construed and amended as gender neutral where appropriate to comply with the decision of U.S. Supreme Court in Obergefell v. Hodges, 576 U.S. ___ , 135 S.Ct. 2584 (2015).
Staff Note (July 1, 2012 Amendment)
Divisions (F) through (J) are amended to permit service of process to be made at a place of business not only by United States certified or express mail as previously authorized, but also by a commercial carrier service under the 2012 amendments to Civ. R. 4.1(A)(1)
Staff Note (July 1, 2009 Amendments)
Division (G) is inserted into Civ.R. 4.2 to provide for service on a limited liability company in a manner similar to the provisions of Civ.R. 4.2(F) for service upon a corporation, and the remaining divisions of the rule are re-lettered.
Staff Note (July 1, 1997 Amendment)
Prior to the 1997 amendment, service of process under this rule was permitted only by certified mail. It appears that service of process by express mail, i.e. as that sort of mail is delivered by the United States Postal Service, can always be obtained return receipt requested, and thus could accomplish the purpose of notification equally well as certified mail. Therefore, the amendment provides for this additional option for service.
Other amendments to this rule are nonsubstantive grammatical or stylistic changes, including lettering of the divisions (A-N) in place of the previous numbering (1-14).
Staff Note (July 1, 1996 Amendment)
In 1991, the General Assembly enacted Chapter 504 of the Ohio Revised Code to give townships an option to organize the "limited self-government form" of government. Townships electing this form of government are required by law to appoint a law director who "shall be the legal advisor to the board of township trustees ... and all other township officers." R.C. 504.15. Upon attaining Chapter 504 status, then, the prosecuting attorney of the county in which the township is located no longer serves as the "legal advisor" of the township. The amendment recognizes this statutory development and should facilitate service of process in actions against Chapter 504 townships.