Ohio process servers do important work as part of the state’s complex legal system. Even though Ohio doesn’t require process servers to be licensed, they are still required to follow all state laws and regulations of civil procedure.
Failing to follow Ohio’s process serving laws may result in the following:
- delayed legal proceedings
- invalid service
- case dismissal
- overturning of default judgments
- penalties for unethical behavior
- civil liability
- due process violations
- damage to your reputation as a process server
To do the important work of civil process serving, servers must be informed, knowledgeable, and attentive to state rules.
The role of a process server in Ohio
Ohio designed its rules for process servers based on the fact that the service of process is an important part of the Constitutional right to due process. Process servers deliver legal documents to defendants and other named parties in legal proceedings, giving them notice to prepare for their court date.
Although some lawsuits may proceed without a process server’s involvement, attorneys typically hire servers to deliver:
- Subpoenas
- Summons
- Complains
- Petitions
- Court orders
- Eviction notices
- Demands
Who can be a process server in Ohio?
Ohio sets limits on who can be a process server to ensure neutrality, competence, and reliability.
These limits require that process servers must:
- be at least 18 years of age
- be a US citizen or a legal resident of the US
- hold a valid government-issued identification card, a passport, or a driver’s license
- be competent in following the required procedures for the service of process
- conduct themselves in a professional manner
Process servers must not:
- be a party to the court proceedings or be related to a party in the proceeding
- have been convicted of a felony, violent offense, or offense involving dishonesty or giving false statements within the past 10 years
- be currently under community control sanctions, probation, post-release control, or parole
- be under any civil protection order
In addition to civilians, sheriffs, bailiffs, and court-appointed individuals can be process servers. In municipal courts, bailiffs may serve process within the court’s jurisdiction. Sheriffs can serve process in other counties.
Additional rules for Ohio process servers
Let’s take a look at several more of the rules that Ohio process servers must follow. All of the following rules and more can be found in the state’s 454-page “Ohio Rules of Civil Procedure” document.
Personal service
Personal service is defined as directly handing papers to the person being served. This is one of the most common forms of delivering service. To do so, the server must locate the person and personally deliver a copy of the process and any accompanying documents.
Following personal service, the server must sign an endorsement that they completed the assignment and submit it to the court clerk.
If the server is unable to complete the service of process within 28 days, they must document the reasons why and submit that information to the clerk.
Residence service
Residence service involves delivering two copies of the documents: one is left at the subject’s primary place of residence, and one is mailed to them via first-class mail.
Some states specify a minimum age for the person who receives the documentation at the subject’s residence. This is often 14 years or older. However, Ohio only specifies that the recipient must be of “suitable age and discretion.” In other words, the person needs to be capable of understanding the importance of the documents. It is not advisable to deliver the documents to children under the age of 14.
By mailing the documents after hand-delivering them to the residence, the server has done their diligence to ensure due process.
Certified or Express Mail by the court clerk
Ohio allows a clerk of the court to deliver complaints and other documents via the US Postal Service. In these cases, it can be sent via Certified mail or Express mail, requesting a return receipt. Once the clerk has the receipt from the post office, they enter the name of the person to whom it was delivered, the date of delivery, and the address into the court docket.
Commercial carrier service
Ohio allows a court clerk to use a commercial carrier service instead of the USPS. The procedures remain the same: the delivery must require a signed receipt, and the clerk will document the receipt in the court docket.
Service of process via publication
If a server has exhausted other methods of finding a defendant, they can file an affidavit explaining why service can’t be made. Then, the clerk arranges for a notice to be placed in a newspaper of general circulation. The notice must be published at least once a week for six successive weeks.
Out-of-state service of process
In some circumstances, a defendant in an Ohio case may reside out of state. For example, if a business owner from Indiana breached their contract with an Ohio client, that defendant is still owed service in the interest of due process.
In these situations, methods of service may include:
- Service by clerk, via certified mail
- Service by clerk, via a commercial carrier
- Personal service by a process server who will travel to the defendant’s location
Special rules for special cases
In addition to the rules above, process servers must abide by the following:
- A notification of failed service must be provided to the clerk, who in turn notifies the attorney or party who requested service
- Personal, residence, and out-of-state service orders have a 28-day limit
- Eviction cases require service to be made at least 7 days before the trial date
- Service to a minor (under age 16) involves serving the minor’s guardian, parent, or caretaker
- If a minor doesn’t live with a parent or caretaker, they can be served directly
- If the state determines a named party to be an “incompetent person,” service should be made to the guardian; if no guardian has been appointed, the incompetent person can be served directly
- Corporations must be served at their usual place of business, or by serving an officer, manager, or general agent of the corporation
- Special rules apply for serving government entities, limited liability companies (LLCs), partnerships, unincorporated associations, and professional associations
Our takeaway: The importance of following the Ohio rules of civil procedure
Process serving in Ohio is a crucial component of the state’s legal system. They exist to guarantee that all parties receive proper notice of legal proceedings. While Ohio doesn’t require process servers to be licensed, the state has established clear rules and requirements to maintain the integrity of the service process.
By following these guidelines, process servers play a vital role in upholding the principles of justice and ensuring that all parties have the opportunity to participate fully in legal proceedings. In doing so, they contribute significantly to the fair and efficient operation of Ohio’s legal system.
If you need to hire a process server, you can trust the servers at Firefly Legal, a leading provider of process servers nationwide. The servers we contract with are experienced and knowledgeable. We make sure that all of these rules are followed so that your case is never jeopardized by poor service!
