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Rule 5 – Service and Filing of Pleadings and Other Papers Subsequent to the Original Complaint

May 14, 2021 | Civil Procedure, Ohio

(A) Service: when required. Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. Service is not required on parties in default for failure to appear except that pleadings asserting new or additional claims for relief or for additional damages against them shall be served upon them in the manner provided for service of summons in Civ. R. 4 through Civ. R. 4.6.
(B) Service: how made.

(1) Serving a party; serving an attorney. Whenever a party is not represented by an attorney, service under this rule shall be made upon the party. If a party is represented by an attorney, service under this rule shall be made on the attorney unless the court orders service on the party. Whenever an attorney has filed a notice of limited appearance pursuant to Civ.R. 3(B), service shall be made upon both that attorney and the party in connection with the proceedings for which the attorney has filed a notice of limited appearance.
(2) Service in general. A document is served under this rule by:

(a) handing it to the person;
(b) leaving it:

(i) at the person’s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or
(ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there;
(c) mailing it to the person’s last known address by United States mail, in which event service is complete upon mailing;
(d) delivering it to a commercial carrier service for delivery to the person’s last known address within three calendar days, in which event service is complete upon delivery to the carrier;
(e) leaving it with the clerk of court if the person has no known address; or
(f) sending it by electronic means to a facsimile number or e-mail address provided in accordance with Civ.R. 11 by the attorney or party to be served, in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person served.
(3) Using court facilities. If a local rule so authorizes, a party may use the court’s transmission facilities to make service under Civ.R. 5(B)(2)(f).
(4) Proof of service. The served document shall be accompanied by a completed proof of service which shall state the date and manner of service, specifically identify the division of Civ.R. 5(B)(2) by which the service was made, and be signed in accordance with Civ.R. 11. Documents filed with the court shall not be considered until proof of service is endorsed thereon or separately filed.
(C) Service: numerous defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.
(D) Filing. Any paper after the complaint that is required to be served shall be filed with the court within three days after service. The following discovery requests and responses shall not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry on land, and requests for admission.
(E) Filing with the court defined. The filing of documents with the court, as required by these rules, shall be made by filing them with the clerk of court, except that the judge may permit the documents to be filed with the judge, in which event the judge shall note the filing date on the documents and transmit them to the clerk. A court may provide, by local rules adopted pursuant to the Rules of Superintendence, for the filing of documents by electronic means. If the court adopts such local rules, they shall include all of the following:

(1) Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court shall order the filing stricken.
(2) A provision shall specify the days and hours during which electronically transmitted documents will be received by the court, and a provision shall specify when documents received electronically will be considered to have been filed.
(3) Any document filed electronically that requires a filing fee may be rejected by the clerk of court unless the filer has complied with the mechanism established by the court for the payment of filing fees.

Ohio. Civ.R. 5

Effective: July 1, 1970; amended effective July 1, 1971; July 1, 1984; July 1, 1991; July 1, 1994; July 1, 2001; July 1, 2012; July 1, 2015; July 1, 2016; amended effective July 1, 2018.

Staff Note (July 1, 2018 Amendment)

Division (B)(1): Serving a Party; Serving an Attorney.

This and other July 1, 2018 amendments to the Ohio Rules of Civil Procedure encourage attorneys to assist pro se parties on a limited basis without undertaking the full representation of the client on all issues related to the legal matter for which the attorney is engaged. By these amendments, the Supreme Court seeks to enlarge access to justice in Ohio’s courts as recommended by a 2006 Report of the Court’s Task Force on Pro Se & Indigent Litigants and by a 2015 Report of the Court’s Task Force on Access to Justice.

The amendment to Civ.R. 5(B)(1) makes clear that when a notice of limited appearance has been filed by an attorney, an opposing party shall continue serving documents upon the party throughout the duration of the limited appearance while also serving the attorney. The purpose of the amendment is to assure appropriate service upon counsel to represented parties, but also to assure that a client being represented on a limited basis has copies of all key documents in the litigation.

Staff Note (July 1, 2016 Amendments)

Division 5(D) of this rule, the general rule for the time for filing, is amended to conform the language to the 2007 stylistic changes to Fed.R.Civ.P. 5(d) to the extent that the substance of the Ohio and Federal Rules are the same.

Staff Note (July 1, 2015 Amendments)

The rule is amended by adding a new division Civ.R. 5(B)(3) permitting a party to use a court’s transmission facilities to serve other parties by electronic means if so authorized by local rule, and the subsequent division of the rule is renumbered accordingly.

The amendment eliminates a duplication of effort resulting from the 2012 amendments to Civ. R. 5(B) which permitted a party to use electronic means to fulfill the party’s Civ. R. 5 duty to serve all other parties but did not authorize the party to use the facilities of a local court’s electronic filing system to perform that duty-even though, under local rules, the court’s facilities nevertheless serve by electronic means all parties participating in the electronic filing system. The new provision is virtually identical to Fed. R. Civ. P. 5(b)(3).

Staff Note (July 1, 2012 Amendment)

Rule 5(B)

Rule 5(B) is amended (1) to permit service of documents after the original complaint to be made by electronic means and by commercial carrier service and (2) to conform the format and language of the rule to the December 1, 2007 amendments to Fed.R.Civ.P. 5(b).

Rule 5(B)(2)(d) permits service of a document by delivering it to a commercial carrier service for delivery within three calendar days. Rule 5(B)(2)(f) adopts the language of Fed.R.Civ.P. 5(b) stating that service by electronic means is not effective if the serving party learns that the document did not reach the person to be served. Rule 5(B)(3) emphasizes a party’s duty to provide a proof of service that states the date and specific manner by which the service was made, specifically identifying the division of Civ.R. 5(B)(2) by which service was made.

Rule 5(D)

The provisions of Civ.R. 5(D) relating to the duty to provide a proof of service have been moved to Civ.R. 5(B)(3) and amended to require that a serving party specifically identify the division of Civ.R. 5(B)(2) by which the service was made. Additional changes are made to substitute “document” for “paper” for consistency with other Rules of Civil Procedure.

Staff Note (July 1, 2001 Amendment)

Civil Rule 5 Service and Filing of Pleadings and Other Papers Subsequent to the Original Complaint

Civil Rule 5(E) Filing with the court defined

The amendments to this rule were part of a group of amendments that were submitted by the Ohio Courts Digital Signatures Task Force to establish minimum standards for the use of information systems, electronic signatures, and electronic filing. The substantive amendment to this rule was the amendment of the second sentence and the addition of the last sentence of division (E), and the addition of divisions (E)(2) and (E)(3). Comparable amendments were made to Civil Rule 73 (for probate courts), Criminal Rule 12, Juvenile Rule 8, and Appellate Rule 13.

As part of this electronic filing and signature project, the following rules were amended effective July 1, 2001: Civil Rules 5, 11, and 73; Criminal Rule 12; Juvenile Rule 8; and Appellate Rules 13 and 18. In addition, Rule 26 of the Rules of Superintendence for Courts of Ohio was amended and Rule of Superintendence 27 was added to complement the rules of procedure. Superintendence Rule 27 establishes a process by which minimum standards for information technology are promulgated, and requires that courts submit any local rule involving the use of information technology to a technology standards committee designated by the Supreme Court for approval.