Ohio Affidavit of Service

IN THE [________________________________] COURT OF [________________________________] COUNTY, OHIO

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 this action. [If serving under a court designation rather than as sheriff or bailiff: I am not related to a party and have no financial interest in the outcome, as required by Ohio Civ. R. 4.1(D) for an in-state designation; for out-of-state personal service, I meet the qualifications stated in the court's Rule 4.3(B)(2) order.]

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(E), Court Order dated [__/__/____], and continue to meet the requirements of Rule 4.1(D).
☐ I have been designated by this Court to make out-of-state personal service under Ohio Civ. R. 4.3(B)(2), Court Order dated [__/__/____].
☐ I am the clerk or deputy clerk reporting mail or commercial-carrier service arranged through the clerk's office.

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(C)

☐ 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(C)–(D)

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

Address: [________________________________]

☐ The prior attempt was marked Refused; after notice from the clerk, a written request for ordinary-mail service was filed, and the clerk mailed the documents under Ohio Civ. R. 4.6(C).
☐ The prior certified/express-mail or carrier attempt was marked Unclaimed; after notice from the clerk, a written request for ordinary-mail service was filed, and the clerk mailed the documents under Ohio Civ. R. 4.6(D). Service is complete only if the ordinary-mail envelope is not returned undelivered.
Date the clerk entered mailing on the docket: [__/__/____]

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

☐ After an affidavit stating the recipient's residence is unknown and describing reasonable efforts to find it was filed on [__/__/____], notice of the action was published as authorized by law under Ohio Civ. R. 4.4(A)(1). [Court order, if any: ________________________________]

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

Publication Dates:

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

☐ Publication was made at least once a week for six successive weeks, unless a shorter period is specifically provided by law.
☐ 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 a person designated by this Court's order dated [__/__/____]
☐ Other: [________________________________]

Jurisdiction where service was made: [________________________________]
Basis for out-of-state service under Rule 4.3(A): [________________________________]

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:
[________________________________]

☐ Personal or residence 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)(2)(b) or (C)(2)(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 [__/__/____] by the method identified above. ☐ Service was not completed; the attempted-service facts appear in Section VI.

2. ☐ Personal or residence service was completed within the server's 28-day return period under Ohio Civ. R. 4.1(B)(2) or (C)(2). Failure to serve or make proof within that period does not itself invalidate later service.

3. ☐ This defendant was served within one (1) year of filing the Complaint, as required by Ohio Civ. R. 3(A) for commencement of the action as to that defendant.

4. Select the applicable Rule 4(E) status for service of the summons and complaint:
   ☐ Completed within six months after filing.
   ☐ Completed later; the party seeking service asserts good cause for the delay.
   ☐ Out-of-state or foreign-country service under Rule 4.3 or 4.5; Rule 4(E) does not apply.
   ☐ Not yet completed.

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, based on [DESCRIBE PERSONAL KNOWLEDGE OR RECORD REVIEW].
☐ 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. I have selected only the service methods and factual statements that apply to my role and this service attempt.

Further affiant sayeth naught.

XI. SIGNATURE AND NOTARIZATION

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

________________________________________
Signature of Affiant

________________________________________
Printed Name of Affiant

________________________________________
Title / Court Designation (if applicable)

Date: [__/__/____]

NOTARIAL JURAT

STATE OF [STATE] )
) 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 [STATE]
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. Clerk Service: The clerk sends certified or express mail with return receipt unless another method is permitted. The clerk may use a commercial carrier requiring a signed receipt unless the serving party directs certified or express mail. Ohio Civ. R. 4.1(A)(1).

2. Who May Serve (Personal/Residence): The sheriff or municipal-court bailiff serves as specified in Rule 4.1(B) and (C). Alternatively, the clerk may deliver process to a person designated by court order under Rule 4.1(E); the designated person must satisfy Rule 4.1(D), including age, relationship, and financial-interest requirements. The designation may last up to one year.

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. Failure to serve within that period or make proof does not affect the validity of later service. Ohio Civ. R. 4.1(B)(2)(b), (C)(2)(b).

4. One-Year Commencement Condition: Ohio Civ. R. 3(A) requires service on a named defendant within one year after filing for the action to be considered commenced as to that defendant.

4a. Six-Month Dismissal Rule: If the summons and complaint are not served within six months after filing, Rule 4(E) permits dismissal without prejudice absent good cause; it excludes out-of-state service under Rule 4.3 and foreign-country service under Rule 4.5.

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(C).

6. Service by Publication: Where authorized by law and the recipient's residence is unknown, the requesting party or counsel must file the affidavit required by Rule 4.4(A)(1). The clerk arranges newspaper publication at least once weekly for six successive weeks unless law specifically provides a shorter period; the publisher files proof afterward. Other Rule 4.4 routes have different requirements.

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: For personal or residence service, the server endorses service on the process and returns it to the clerk under Rule 4.1(B)(2) or (C)(2). Mail and carrier returns are recorded by the clerk under Rule 4.1(A)(2).

9. Refused or Unclaimed Mail: Rule 4.6(C) governs a return marked refused; Rule 4.6(D) governs a return marked unclaimed. After clerk notice and a written request, the clerk may send ordinary mail. Under (C), service is complete when mailing is recorded; under (D), completion also requires that ordinary mail is not returned undelivered. The 28 days stated in each rule is the answer period, not a waiting period to presume service.

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: Who May be Served
• Ohio Civ. R. 4.4 — Process: Service by Publication
• Ohio Civ. R. 4.3 — Process: Out-of-State Service
• Ohio Civ. R. 4.6 — Limits; Amendment; Service Refused; Service Unclaimed
• Ohio Civ. R. 3(A) — Commencement of Action (One-Year Deadline)

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.