Rule 4.4. Process: Service by Publication

Process: Service by Publication.

(A)

Residence unknown

(1)

Service by publication in a newspaper

Except in an action or proceeding governed by division (A)(2) of this rule, when

service of process is required upon a party whose residence is unknown, service

shall be made by publication in actions where such service is authorized by law.

Before service by publication can be made, an affidavit of the party requesting

service or that party’s counsel shall be filed with the court. The affidavit shall aver

that service of summons cannot be made because the residence of the party to be

served is unknown to the affiant, all of the efforts made on behalf of the party to

ascertain the residence of the party to be served, and that the residence of the party

to be served cannot be ascertained with reasonable diligence.

Upon the filing of the affidavit, the clerk shall cause service of notice to be made

by publication in a newspaper of general circulation in the county in which the

action or proceeding is filed. If no newspaper is published in that county, then

publication shall be in a newspaper published in an adjoining county. The

publication shall contain the name and address of the court, the case number, the

name of the first party on each side, and the name and last known address, if any,

of the person or persons whose residence is unknown. The publication also shall

contain a summary statement of the object of the pleading or other document

seeking relief against a party whose residence is unknown, and a summary

statement of the demand for relief, and shall notify the party to be served that such

party is required to answer or respond either within twenty-eight days after the

publication or at such other time after the publication that is set as the time to appear

or within which to respond after service of such pleading or other document

elief against a party whose residence is unknown, and a summary

statement of the demand for relief, and shall notify the party to be served that such

party is required to answer or respond either within twenty-eight days after the

publication or at such other time after the publication that is set as the time to appear

or within which to respond after service of such pleading or other document. The

publication shall be published at least once a week for six successive weeks unless

publication for a lesser number of weeks is specifically provided by law. Service

of process shall be deemed complete at the date of the last publication.

After the last publication, the publisher or its agent shall file with the court an

affidavit showing the fact of publication together with a copy of the notice of

publication. The affidavit and copy of the notice shall constitute proof of service

of process.

(2)

Service by publication by posting and mail

(a)

Actions and Proceedings other than Civil Protection Order Proceedings

In divorce, annulment, or legal separation actions, and in actions pertaining

to the care, custody, and control of children whose parents are not married,

and in all post-decree proceedings:

(i)

If the residence of the party upon whom service is sought is

unknown; and,

(ii)

if the matter is not governed by Civ.R. 65.1; and,

(iii)

If the party requesting service upon another party is

proceeding with a poverty affidavit;

service by publication shall be made by posting and mail. Before service by

posting and mail can be made under this division (A)(2)(a), an affidavit of

the party requesting service or that party's counsel shall be filed with the

court. The affidavit shall contain the same averments required by division

(A)(1) of this rule and, in addition, shall set forth the defendant's last known

address.

service by publication shall be made by posting and mail. Before service by

posting and mail can be made under this division (A)(2)(a), an affidavit of

the party requesting service or that party's counsel shall be filed with the

court. The affidavit shall contain the same averments required by division

(A)(1) of this rule and, in addition, shall set forth the defendant's last known

address.

Upon the filing of the affidavit, the clerk shall cause service of notice to be

made by posting in a conspicuous place in the courthouse or courthouses in

which the general and domestic relations divisions of the court of common

pleas for the county are located and in two additional public places in the

county that have been designated by local rule for the posting of notices

pursuant to this rule. Alternatively, the postings, except for protection

orders issued pursuant to Civ.R. 65.1, under this division (A)(2)(a), may be

made on the website of the clerk of courts, if available, in a section

designated for such purpose. The notice shall contain the same information

required by division (A)(1) of this rule to be contained in a newspaper

publication. The notice shall be posted for six successive weeks.

(b)

Civil protection order proceedings

In civil protection order proceedings where the party’s residence upon

whom service is sought is unknown, service may be made by posting and

mail without the necessity of a poverty affidavit. Before service by posting

and mail can be made under this division (A)(2)(b), an affidavit of the party

requesting service or that party's counsel shall be filed with the court. The

affidavit shall contain the same averments required by division (A)(1) of

this rule and, in addition, shall set forth the last known address of the party

to be served.

ithout the necessity of a poverty affidavit. Before service by posting

and mail can be made under this division (A)(2)(b), an affidavit of the party

requesting service or that party's counsel shall be filed with the court. The

affidavit shall contain the same averments required by division (A)(1) of

this rule and, in addition, shall set forth the last known address of the party

to be served.

Upon the filing of the affidavit, the clerk shall cause service of notice to be

made by posting in a conspicuous place in the courthouse or courthouses

within the county where Civ.R. 65.1 civil protection order proceedings may

be filed and in two additional public places in the county that have been

designated by local rule for the posting of notices pursuant to this rule. The

postings under this division (A)(2)(b) shall not be made on the website of

the clerk of courts. The notice shall contain the same information required

by division (A)(1) of this rule to be contained in a newspaper publication.

The notice shall be posted for six successive weeks.

(c)

Additional requirement for mailing

When service by publication is sought by posting and mail under either

division (A)(2)(a) or division (A)(2)(b) of this rule, the clerk shall also cause

the documents for service to be mailed by United States ordinary mail,

address correction requested, to the last known address of the party to be

served. The clerk shall obtain a certificate of mailing from the United States

Postal Service. If the clerk is notified of a corrected or forwarding address

of the party to be served within the six-week period that notice is posted

pursuant to division (A)(2)(a) or division (A)(2)(b) of this rule, the clerk

shall cause the documents for service to be mailed to the corrected or

forwarding address. The clerk shall note the name, address, and date of

each mailing on the docket.

Service. If the clerk is notified of a corrected or forwarding address

of the party to be served within the six-week period that notice is posted

pursuant to division (A)(2)(a) or division (A)(2)(b) of this rule, the clerk

shall cause the documents for service to be mailed to the corrected or

forwarding address. The clerk shall note the name, address, and date of

each mailing on the docket.

(d)

Docket entry of posting; completion of service

After the last week of posting under either division (A)(2)(a) or division

(A)(2)(b) of this rule, the clerk shall note on the docket where and when

notice was posted. Service shall be complete upon the entry of posting.

(B)

Residence known

If the residence of a party to be served is known, and the action is one in which service by

publication is authorized by law, service of process shall be effected by a method other

than by publication as provided by:

(1)

Civ.R. 4.1, if the party to be served is a resident of this state,

(2)

Civ.R. 4.3(B) if party to be served is not a resident of this state, or

(3)

Civ.R. 4.5, in the alternative, if service on party to be served is to be effected

in a foreign country.

If service of process cannot be effected under the provisions of this subdivision or Civ.R.

4.6(C) or Civ.R. 4.6(D), service of process shall proceed by publication.