Rule 4.3. Process: Out-of-State Service

Process: Out-of-State Service.

(A)

When service permitted

Service of process may be made outside of this state, as provided in this rule, in any action

in this state, upon a person who, at the time of service of process, is a nonresident of this

state or is a resident of this state who is absent from this state. "Person" includes an

individual, an individual’s executor, administrator, or other personal representative, or a

corporation, partnership, association, or any other legal or commercial entity, who, acting

directly or by an agent, has caused an event to occur out of which the claim that is the

subject of the complaint arose, from the person's:

(1)

Transacting any business in this state;

(2)

Contracting to supply services or goods in this state;

(3)

Causing tortious injury by an act or omission in this state, including, but not

limited to, actions arising out of the ownership, operation, or use of a motor

vehicle or aircraft in this state;

(4)

Causing tortious injury in this state by an act or omission outside this state

if the person regularly does or solicits business, engages in any other

persistent course of conduct, or derives substantial revenue from goods used

or consumed or services rendered in this state;

(5)

Causing injury in this state to any person by breach of warranty expressly

or impliedly made in the sale of goods outside this state when the person to

be served might reasonably have expected the person who was injured to

use, consume, or be affected by the goods in this state, provided that the

person to be served also regularly does or solicits business, engages in any

other persistent course of conduct, or derives substantial revenue from

goods used or consumed or services rendered in this state;

(6)

Having an interest in, using, or possessing real property in this state;

(7)

Contracting to insure any person, property, or risk located within this state

at the time of contracting;

on to be served also regularly does or solicits business, engages in any

other persistent course of conduct, or derives substantial revenue from

goods used or consumed or services rendered in this state;

(6)

Having an interest in, using, or possessing real property in this state;

(7)

Contracting to insure any person, property, or risk located within this state

at the time of contracting;

(8)

Living in the marital relationship within this state notwithstanding

subsequent departure from this state, as to all obligations arising for spousal

support, custody, child support, or property settlement, if the other party to

the marital relationship continues to reside in this state;

(9)

Causing tortious injury in this state to any person by an act outside this state

committed with the purpose of injuring persons, when the person to be

served might reasonably have expected that some person would be injured

by the act in this state;

(10)

Causing tortious injury to any person by a criminal act, any element of

which takes place in this state, that the person to be served commits or in

the commission of which the person to be served is guilty of complicity.

(B)

Methods of service

(1)

Service by clerk

The clerk may make service of process or other documents to be served outside the

state in the same manner as provided in Civ.R. 4.1(A)(1) through Civ.R. 4.1(A)(3).

(2)

Personal service

When ordered by the court, a "person" as defined in division (A) of this rule may

be personally served with a copy of the process and complaint or other document

to be served. Service under this division may be made by any person not less than

eighteen years of age who is not a party and who has been designated by order of

the court to make personal service of process. On request, the clerk shall deliver

the summons to the plaintiff for transmission to the person who will make the

service

rved with a copy of the process and complaint or other document

to be served. Service under this division may be made by any person not less than

eighteen years of age who is not a party and who has been designated by order of

the court to make personal service of process. On request, the clerk shall deliver

the summons to the plaintiff for transmission to the person who will make the

service. The person serving process shall locate the person to be served and shall

tender a copy of the process and accompanying documents to the person to be

served.

Proof of service may be made as prescribed by Civ.R. 4.1 (B) or by order of the

court. Failure to make service within the twenty-eight-day period and failure to

make proof of service do not affect the validity of service.

1, 2014