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Rule 4.5 – Process: Alternative Provisions for Service in a Foreign Country

May 14, 2021 | Civil Procedure, Ohio

When Civ. R. 4.3 or Civ. R. 4.4 or both allow service upon a person outside this state and service is to be effected in a foreign country, service of the summons and complaint shall be made as provided in this rule.

(A) Hague Convention Signatory. If the foreign country is a signatory to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, service shall be pursuant to a method allowed by the Articles of that Convention, including any method allowed by Article 8 or Article 10 to which the foreign country has not objected in accordance with Article 21.
(B) Other cases. In all cases to which division (A) does not apply, service may be made in a manner provided by Civ.R. 4.3(B)(1) or, if applicable, Civ.R. 4.4, and may also be made:

(1) In the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction when service is calculated to give actual notice;
(2) As directed by the foreign authority in response to a letter rogatory when service is calculated to give actual notice;
(3) Upon an individual by delivery to him or her personally;
(4) Upon a corporation or partnership or association by delivery to an officer, a managing or general agent;
(5) By any form of delivery requiring a signed receipt, when the clerk of the court addresses the delivery to the party to be served and delivers the summons to the person who will make the service;
(6) As directed by order of the court.

Service under division (B)(3) or (B)(6) of this rule may be made by any person not less than eighteen years of age who is not a party and who has been designated by order of the court, or by the foreign court. On request the clerk shall deliver the summons to the plaintiff for transmission to the person or the foreign court or officer who will make the service.

(C) Return. Proof of service may be made as prescribed by Civ.R. 4.1(B), or by the law of the foreign country, or by order of the court. Failure to make service within the twenty-eight-day period and failure to make proof of service do not affect the validity of service.

When delivery is made pursuant to division (B)(5) of this rule, proof of service shall include a receipt signed by the addressee or other evidence of delivery to the addressee satisfactory to the court.

Ohio. Civ.R. 4.5

Effective:July 1, 1970; amended effective July 1, 1997;July 1, 2012;July 1, 2014.

Staff Note (July 1, 2014 Amendments)

Rule 4.5(C) is amended to be consistent with the provision of Civ. R. 4.1(B) relating to personal service within the state which specifies, “Failure to make service within the twenty-eight-day period and failure to make proof of service do not affect the validity of service.”

Staff Note (July 1, 2012 Amendment)

Rule 4.5 is amended to provide that when service is to be made in a foreign country that is a signatory to the Hague Convention, the provisions of that Convention supersede the other methods for service in a foreign country that are described in the rule. Pursuant to the 2012 amendments to Civ.R. 4.1(A) and Civ.R. 4.3(B)(1), delivery by commercial carrier service, requiring a signed receipt, is also authorized when the Hague Convention does not apply.

Staff Note (July 1, 1997 Amendment)

Rule 4.5 Process: Alternative Provisions for Service in a Foreign Country

The 1997 amendment changed a cross-reference in division (B) necessitated by the relettering of Civ. R. 4.1, also effective July 1, 1997. Other amendments to this rule are nonsubstantive grammatical or stylistic changes.