Amendments to Rule 4.1 of the Ohio Civil Rules of Practice and Procedure sets forth new requirements for applicants to qualify as a special process server for personal or residence service effective July 1, 2023.
The Clermont County Juvenile Court will adopt an amendment to Juvenile Local Rule 33 effective July 1, 2023. The proposed amendment will conform the requirements for appointment as a special process server with the Civil Rule amendments. The proposed amendment is below and highlighted in red for your convenience. A new application and affidavit will be available on July 3, 2023 for use.
Please direct any questions, comments, or concerns to Gary Bryant, the Juvenile Court Administrator, at gbryant@clermontcountyohio.gov prior to June 30, 2023.
Rules of Practice
Clermont County Juvenile Court
RULE 33.2. General Requirements for all Applicants
(i) The Applicant shall file an Application for an Appointment as a Special Process Server which substantially complies with Form 1.
(ii) With each Application, the Applicant shall file an Affidavit which shall aver all of the following:
a. The Applicant is not less than 18 years of age;
b. The Applicant is not a party to the proceeding, related to a party to the proceeding, or has a financial interest in the outcome of the proceeding;
c. The Applicant is a United States citizen or legal resident of the United States;
d. The Applicant holds a valid government-issued identification card, passport or driver’s license;
e. The Applicant has not been convicted in the last ten years of any felony, offense of violence, or offense involving dishonesty or false statement, and not currently under community control sanctions, probation, post-release control or parole;
f. The Applicant is not currently a respondent under any civil protection order;
g. The Application is familiar with the required procedure for service of process;
h. The Applicant will conduct them self in a professional manner.
(iii) All Applicants shall submit the required Affidavit in substantial compliance with Form 2.
(iv) With each Application and Affidavit, all Applicants shall present an order which shall be reviewed and signed by the Judge. This order shall substantially comply with Form 3.
(v) The Clerk shall record the Application and Affidavit when submitted by an Applicant as a miscellaneous civil case filing. When the order is signed, it shall also be entered on the Clerk’s docket and a copy then provided to the Applicant. No Applicant may serve process until a signed order has been filed with the Clerk and provided to the Applicant.
RULE 33.3. Term for a Special Process Server
(i) An Applicant may request to be appointed as a one-time Special Process Server for a particular matter. In this instance, the Applicant’s term shall terminate when the case is terminated by a final entry or as otherwise ordered by the Judge.
(ii) An Applicant may request to be appointed as a Standing Process Server. The term for a Standing Process Server is one year from the date the signed order granting the Application is journalized. A Standing Process Server may serve process in any action pending in this Court during this term.
(iii) No duly appointed Special Process Server may represent or advertise to the public, in any manner, that he or she is the official Process Server for the Court.
(iv) After the Applicant is duly appointed as a Special Process Server under this Rule, he or she shall present a time-stamped copy of the signed order to the Clerk to verify his or her appointment.
(v) If any Standing Process Server seeks to continue any term, he or she shall, not later than 30 days prior to the expiration of the current term, file an Application.