Rule 4.5. Process: Alternative Provisions for Service in a Foreign Country

Process: Alternative Provisions for Service in a Foreign Country.

When Civ.R. 4.3 or Civ.R. 4.4 or both allow service upon a person outside this state and service

is to be effected in a foreign country, service of the summons and complaint shall be made as

provided in this rule.

(A)

Hague Convention Signatory

If the foreign country is a signatory to the Hague Convention on the Service Abroad

of Judicial and Extrajudicial Documents in Civil or Commercial Matters, service

shall be pursuant to a method allowed by the Articles of that Convention, including

any method allowed by Article 8 or Article 10 to which the foreign country has not

objected in accordance with Article 21.

(B)

Other cases

In all cases to which division (A) does not apply, service may be made in a manner

provided by Civ.R. 4.3(B)(1) or, if applicable, Civ.R. 4.4, and may also be made:

(1)

In the manner prescribed by the law of the foreign country for

service in that country in an action in any of its courts of general

jurisdiction when service is calculated to give actual notice;

(2)

As directed by the foreign authority in response to a letter rogatory

when service is calculated to give actual notice;

(3)

Upon an individual by delivery to him or her personally;

(4)

Upon a corporation or partnership or association by delivery to an

officer, a managing or general agent;

(5)

By any form of delivery requiring a signed receipt, when the clerk

of the court addresses the delivery to the party to be served and

delivers the summons to the person who will make the service;

ive actual notice;

(3)

Upon an individual by delivery to him or her personally;

(4)

Upon a corporation or partnership or association by delivery to an

officer, a managing or general agent;

(5)

By any form of delivery requiring a signed receipt, when the clerk

of the court addresses the delivery to the party to be served and

delivers the summons to the person who will make the service;

(6)

As directed by order of the court.

Service under division (B)(3) or (B)(6) of this rule 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, or by the foreign court. On request the clerk shall deliver the

summons to the plaintiff for transmission to the person or the foreign court or

officer who will make the service.

(C)

Return

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

foreign country, 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.

When delivery is made pursuant to division (B)(5) of this rule, proof of service shall

include a receipt signed by the addressee or other evidence of delivery to the

addressee satisfactory to the court.