Rule 4. Process: Summons

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.

(B)

Summons: form; copy of complaint

The summons shall be signed by the clerk, contain the name and address of the court and

the names and addresses of the parties, be directed to the defendant, state the name and

address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the times

within which these rules or any statutory provision require the defendant to appear and

defend, and shall notify the defendant that in case of failure to do so, judgment by default

will be rendered against the defendant for the relief demanded in the complaint. Where

there are multiple plaintiffs or multiple defendants, or both, the summons may contain, in

lieu of the names and addresses of all parties, the name of the first party on each side and

the name and address of the party to be served.

A copy of the complaint shall be attached to each summons. The plaintiff shall furnish the

clerk with sufficient copies.

(C)

Summons: plaintiff and defendant defined

For the purpose of issuance and service of summons "plaintiff" shall include any party

seeking the issuance and service of summons, and "defendant" shall include any party upon

whom service of summons is sought.

(D)

Waiver of service of summons

(1)

Authority to waive service of summons, generally

In any type of action, service of summons may be waived in writing by any person

entitled thereto under Civ.R. 4.2 who is at least eighteen years of age and not under

disability, or by the party’s attorney as permitted under division (D) (2) of this rule.

(2)

Waiver by attorney on behalf of a party

A waiver signed by a party’s attorney is presumed to be authorized.

of summons, generally

In any type of action, service of summons may be waived in writing by any person

entitled thereto under Civ.R. 4.2 who is at least eighteen years of age and not under

disability, or by the party’s attorney as permitted under division (D) (2) of this rule.

(2)

Waiver by attorney on behalf of a party

A waiver signed by a party’s attorney is presumed to be authorized.

(3)

Waiver by individual on own behalf

A waiver signed by an individual on that individual’s own behalf is valid only if

the waiver sets forth a mailing address or e-mail address for that individual, which

shall be deemed a proper address for service under Civ.R.5.

(E)

Summons: time limit for service

If a service of the summons and complaint is not made upon a defendant within six months

after the filing of the complaint and the party on whose behalf such service was required

cannot show good cause why such service was not made within that period, the action shall

be dismissed as to that defendant without prejudice upon the court's own initiative with

notice to such party or upon motion. This division shall not apply to out-of-state service

pursuant to Rule 4.3 or to service in a foreign country pursuant to Rule 4.5.

(F)

Summons: revivor of dormant judgment

Upon the filing of a motion to revive a dormant judgment the clerk shall forthwith issue a

summons for service upon each judgment debtor. The summons, with a copy of the motion

attached, shall be in the same form and served in the same manner as provided in these

rules for service of summons with complaint attached, shall command the judgment debtor

to serve and file a response to the motion within the same time as provided by these rules

for service and filing of an answer to a complaint, and shall notify the judgment debtor that

in case of failure to respond the judgment will be revived.

1, 2024.