Ohio Affidavit of Service

IN THE [________________________________] COURT

[________________________________] COUNTY, OHIO

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Case No.: [________________________________]
Judge: [________________________________]

AFFIDAVIT OF SERVICE

I. AFFIANT IDENTIFICATION AND QUALIFICATIONS

1. My full legal name is [________________________________].

2. My date of birth is [__/__/____], and I am [____] years of age.

3. My residential address is: [________________________________].

4. My business address is: [________________________________].

5. My telephone number is: [________________________________].

6. My email address is: [________________________________].

7. I am competent to testify to the matters stated herein and have personal knowledge of all facts set forth in this Affidavit.

8. I am not a party to the above-captioned action, nor an officer, director, or employee of any party, and I have no financial or personal interest in the outcome of this litigation.

9. I am authorized to serve process based on the following (select all that apply):

☐ I am a sheriff or deputy sheriff of [________________________________] County, Ohio.
☐ I am a bailiff of this Court.
☐ I have been designated by order of this Court to make personal or residence service of process pursuant to Ohio Civ. R. 4.1(B), Court Order dated [__/__/____].
☐ I am a person 18 years of age or older who is not a party to this action, serving process as permitted by Ohio law.

II. DOCUMENTS SERVED

I served the following documents in this matter (the "Service Documents"):

☐ Summons
☐ Complaint
☐ Amended Complaint
☐ Third-Party Complaint
☐ Cross-Claim
☐ Counterclaim
☐ Motion: [________________________________]
☐ Order to Show Cause dated [__/__/____]
☐ Subpoena (Testimony / Documents)
☐ Notice of Hearing dated [__/__/____]
☐ Writ of Execution
☐ Writ of Garnishment
☐ Other: [________________________________]
☐ Other: [________________________________]

Total number of pages served: [____]

III. PERSON / ENTITY TO BE SERVED

Name: [________________________________]

Capacity (select one):
☐ Individual Defendant
☐ Statutory Agent for [________________________________]
☐ Officer or Managing Agent of [________________________________]
☐ Agent Authorized by Appointment to Receive Service
☐ Agent Authorized by Law to Receive Service
☐ Counsel of Record: [________________________________]
☐ Guardian or Conservator
☐ Other: [________________________________]

IV. SERVICE METHOD, DATE, TIME, AND LOCATION

A. Service by Certified Mail — Ohio Civ. R. 4.1(A)(1)

(Default method of service in Ohio unless another method is requested)

☐ On [__/__/____], the Clerk of Courts caused to be mailed true and correct copies of the Service Documents by certified mail, return receipt requested, to:

Address: [________________________________]

USPS Tracking Number: [________________________________]
Date Mailed: [__/__/____]
Date of Delivery / Receipt Signed: [__/__/____]
Name of Person Who Signed Receipt: [________________________________]

☐ The signed return receipt (green card) is attached hereto as Exhibit A.
☐ The certified mail was returned as: ☐ Unclaimed ☐ Refused ☐ Undeliverable
☐ Delivery was confirmed by electronic USPS tracking confirmation attached as Exhibit A.

B. Personal Service — Ohio Civ. R. 4.1(B)

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Eastern Time), I personally delivered true and correct copies of the Service Documents to [________________________________] at the following location:

Address: [________________________________]
City: [________________________________], Ohio [____]

The person served:
☐ Verbally confirmed their identity.
☐ Was identified by me through prior personal knowledge.
☐ Was identified through: [________________________________].
☐ Refused to identify themselves but matched the physical description provided.

C. Residence Service — Ohio Civ. R. 4.1(B)

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Eastern Time), I left true and correct copies of the Service Documents at the usual place of residence of [________________________________] with the following person of suitable age and discretion then residing therein:

Name of person served: [________________________________]
Relationship to defendant: [________________________________]
Approximate age: [____]
Address of residence: [________________________________]

☐ I informed this person of the general nature of the documents and the identity of the parties.

D. Service by Ordinary Mail — Ohio Civ. R. 4.6(D)

☐ On [__/__/____], true and correct copies of the Service Documents were mailed by ordinary mail to:

Address: [________________________________]

☐ This service was made in conjunction with service by certified mail that was returned showing refusal or failure of delivery, pursuant to Ohio Civ. R. 4.6(D).

E. Service by Commercial Carrier — Ohio Civ. R. 4.1(A)(1)

☐ On [__/__/____], true and correct copies of the Service Documents were sent via [________________________________] (name of commercial carrier) with tracking:

Tracking Number: [________________________________]
Date Sent: [__/__/____]
Date of Delivery: [__/__/____]
Signature of Person Who Accepted Delivery: [________________________________]

☐ Delivery confirmation is attached as Exhibit A.

F. Service by Publication — Ohio Civ. R. 4.4

☐ Pursuant to the Order of this Court dated [__/__/____] authorizing service by publication, the Service Documents were published in:

Name of Newspaper: [________________________________]
City/Region of Circulation: [________________________________]

Publication Dates:

1. [__/__/____]
2. [__/__/____]
3. [__/__/____]
4. [__/__/____]
5. [__/__/____]
6. [__/__/____]

☐ Publication was made once a week for six consecutive weeks as required by Ohio Civ. R. 4.4(A).
☐ The Affidavit of Publication from the newspaper is attached as Exhibit B.
☐ A copy was also mailed to the defendant's last known address on [__/__/____].

G. Service on Defendant Outside Ohio — Ohio Civ. R. 4.3

☐ Service was made outside the State of Ohio pursuant to Ohio Civ. R. 4.3, by the following method:

☐ Certified mail to out-of-state address
☐ Personal service by authorized person in the state/country of service
☐ Other: [________________________________]

Jurisdiction where service was made: [________________________________]

H. Service by Other Court-Authorized Method

☐ Pursuant to the Order of this Court dated [__/__/____], I served the Service Documents by the following method:

[________________________________]

V. DESCRIPTION OF PERSON ACTUALLY SERVED

(Complete for personal service or residence service)

Name: [________________________________]
Sex: [________________________________]
Approximate Age: [____]
Race/Ethnicity: [________________________________]
Height: [____] ft. [____] in.
Weight: approximately [____] lbs.
Hair Color/Style: [________________________________]
Eye Color: [________________________________]
Glasses: ☐ Yes ☐ No
Other Identifying Features: [________________________________]

VI. NON-SERVICE / DUE DILIGENCE REPORT

(Complete if service was not accomplished or if alternative service was used)

I made the following attempts to serve the defendant:

Additional investigative steps taken to locate defendant:
[________________________________]

☐ Service could not be completed within 28 days. The process and copies are returned to the Clerk with this statement of reasons for failure to serve, pursuant to Ohio Civ. R. 4.1(B).

☐ Service could not be completed. Documents returned unserved for the following reason(s):
[________________________________]

VII. FEES AND EXPENSES

VIII. TIMELINESS AND COMPLIANCE

1. Service was completed on [__/__/____], which is within the time limits prescribed by the Ohio Rules of Civil Procedure and any applicable court orders.

2. ☐ Service was completed within 28 days as provided by Ohio Civ. R. 4.1(B).

3. ☐ Service was completed within one (1) year of filing the Complaint, as required by Ohio Civ. R. 3(A) to deem the action timely commenced.

4. ☐ Service was completed pursuant to a court order extending the time for service, dated [__/__/____].

5. I exercised reasonable diligence and complied with all applicable rules, statutes, and court orders concerning service.

IX. MILITARY STATUS DECLARATION

To the best of my knowledge, information, and belief, the person served:

☐ Is not currently on active duty with the United States Armed Forces as defined by the Servicemembers Civil Relief Act, 50 U.S.C. § 3931.
☐ Is currently on active duty with the United States Armed Forces.
☐ Military status could not be determined.

X. AFFIANT'S DECLARATION

I, [________________________________], state that the foregoing is true and correct to the best of my knowledge, information, and belief, and that this proof of service is made in accordance with Ohio Civ. R. 4.1(B) and signed in accordance with Ohio Civ. R. 11.

Further affiant sayeth naught.

XI. SIGNATURE AND NOTARIZATION

Executed on this [____] day of [________________________________], 20[____],
at [________________________________], Ohio.

________________________________________
Signature of Affiant

________________________________________
Printed Name of Affiant

________________________________________
Title / Court Designation (if applicable)

Date: [__/__/____]

NOTARIAL ACKNOWLEDGMENT

STATE OF OHIO )
) ss.
COUNTY OF [________________________________] )

Before me, a Notary Public in and for said County and State, personally appeared [________________________________], who, being duly sworn, states that the facts set forth in the foregoing Affidavit of Service are true and correct to the best of his/her knowledge, information, and belief.

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

________________________________________
Notary Public, State of Ohio
My Commission Expires: [________________________________]

[NOTARIAL SEAL]

XII. ATTACHMENTS

☐ Exhibit A — Certified Mail Return Receipt (Green Card) / Delivery Confirmation
☐ Exhibit B — Affidavit of Publication / Newspaper Proof
☐ Exhibit C — Court Order Authorizing Alternative Service
☐ Exhibit D — Court Order Designating Process Server
☐ Exhibit E — Photographs of Service Location
☐ Exhibit F — GPS Log / Time-Stamped Evidence
☐ Exhibit G — Copy of Service Documents Served
☐ Exhibit H — Fee Invoice / Expense Documentation
☐ Exhibit I — Service Attempt Log / Investigative Notes
☐ Exhibit J — Other: [________________________________]

XIII. OHIO-SPECIFIC RULES AND PRACTICE NOTES

1. Default Service Method: In Ohio, the default method of service is certified mail sent by the Clerk of Courts, unless the plaintiff requests a different method. Ohio Civ. R. 4.1(A)(1).

2. Who May Serve (Personal/Residence): Personal or residence service must be made by a person designated by court order who is not less than 18 years of age and not a party. The designation may be for a period up to one year. Ohio Civ. R. 4.1(B).

3. 28-Day Return Requirement: If the person serving process is unable to serve within 28 days, the person shall endorse that fact and the reasons on the process and return it to the Clerk. However, failure to do so does not affect the validity of service. Ohio Civ. R. 4.1(B).

4. One-Year Service Deadline: Ohio Civ. R. 3(A) requires service to be properly perfected within one year for an action to be considered timely commenced.

5. Residence Service: Service may be made by leaving copies at the usual place of residence with a person of suitable age and discretion then residing therein. Ohio Civ. R. 4.1(B).

6. Service by Publication: Requires court order. Publication must be made once a week for six consecutive weeks. Ohio Civ. R. 4.4(A).

7. Out-of-State Service: Ohio Civ. R. 4.3 governs service outside Ohio, including service by certified mail and personal service.

8. Proof of Service Contents: Proof of service shall state the date and manner of service and shall be signed in accordance with Ohio Civ. R. 11. Ohio Civ. R. 4.1(B).

9. Certified Mail Refusal: If certified mail is returned showing refusal, the Clerk may then serve by ordinary mail. If ordinary mail is not returned within 28 days, service is presumed complete. Ohio Civ. R. 4.6(D).

10. Failure to Make Proof: Failure to make proof of service does not affect the validity of the service. Ohio Civ. R. 4.1(B).

11. Service on Corporations: Service upon a corporation may be made by serving the statutory agent, or an officer, managing agent, or agent authorized by law. Ohio Civ. R. 4.2.

XIV. SOURCES AND REFERENCES

• Ohio Rules of Civil Procedure: https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/civil/CivilProcedure.pdf
• Ohio Civ. R. 4 — Process: Summons
• Ohio Civ. R. 4.1 — Process: Methods of Service
• Ohio Civ. R. 4.2 — Process: Service by Publication
• Ohio Civ. R. 4.3 — Process: Out-of-State Service
• Ohio Civ. R. 4.6 — Limits of Effective Service
• Ohio Civ. R. 3(A) — Commencement of Action (One-Year Deadline)
• Ohio Civ. R. 11 — Signing of Pleadings
• Ohio Supreme Court Rule Amendments (effective July 1, 2024): https://www.courtnewsohio.gov

This document is intended for use by licensed attorneys practicing in Ohio. It does not constitute legal advice and should be customized to the specific facts and circumstances of each case. All statutory citations should be verified for current accuracy before filing.