Ohio Withhold Issuance of Service of Process Request
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How to fill out Withhold Issuance Of Service Of Process Request?
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FAQ
Arrest Warrant or Summons on a Complaint. (a) Issuance. If the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an offense has been committed and that the defendant committed it, the judge must issue an arrest warrant to an officer authorized to execute it.
R. 4.1(A)(1)(a), the clerk may make service of any process by a commercial carrier service utilizing any form of delivery requiring a signed receipt.
If no attorney is listed, mail it directly to the plaintiff. Mail it on the date you indicated in your answer document. Take your original answer and an extra copy to the court address listed on the summons. The clerk will timestamp your copy and give it back to you to keep like a receipt.
Rule 4 - Process: Summons (A) Summons: issuance. Upon the filing of the complaint the clerk shall forthwith issue a summons for service upon each defendant listed in the caption. Upon request of the plaintiff separate or additional summons shall issue at any time against any defendant.
DUTY TO AVOID UNNECESSARY EXPENSES OF SERVING A SUMMONS A defendant who is subject to the court's personal jurisdiction and who fails to return a signed waiver of service requested by a plaintiff may be required to pay the expenses of service, unless the defendant shows good cause for the failure.
By waiving service, a defendant is not called upon to respond to the complaint until 60 days from the date the notice was sent to it-90 days if the notice was sent to a foreign country-rather than within the 28-day period from date of service specified in Rule 12.
Rule 4(d): Waiving service Rule 4(d) allows the plaintiff to request that the defendant waive formal service of the summons and complaint. If the defendant agrees to waive service, they may be given more time to respond to the complaint.
The Ohio Rules of Civil Procedure Rule 4.7 requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint.
