Rule 4.3.Process: Out-of-State Service
Last amended July 1, 2014 · Last verified July 1, 2026
Full Text of Rule 4.3
Amendment History
Effective Date: July 1, 1970
Amended: July 1, 1971; July 1, 1980; July 1, 1988; July 1, 1991; July 1, 1997; July 1, 2012; July 1, 2014
Staff Note (July 1, 1997 Amendment)
Rule 4.3 Process: out-of-state service
Prior to the 1997 amendment, service of process under this rule was permitted only by certified mail. It appears that service of process by express mail, i.e. as that sort of mail is delivered by the United States Postal Service, can always be obtained return receipt requested, and thus could accomplish the purpose of notification equally well as certified mail. Therefore, the amendment provides for this additional option for service.
Other amendments to this rule are nonsubstantive grammatical or stylistic changes.
Staff Note (July 1, 2012 Amendment)
Rule 4.3(B) is amended to incorporate, rather than restate, the provisions of amended Civ.R. 4.1(A)(1) through Civ.R. 4.1(A)(3) for service by the clerk. The substantive changes (1) permit the clerk to make service of process outside the state using a commercial carrier service to make delivery by any method requiring a signed receipt and (2) make clear that the method of service of process permitted to be made by a person designated by the court is limited to personal service.
Also eliminated is a prior provision permitting service outside the state to be completed by the filing of an affidavit when service by certified or express mail is returned showing failure of delivery. Rules 4.6(C) and (D) address returns of service showing “refused” and “unclaimed” when service is attempted by U.S. mail under Civ.R. 4.1(A)(1)(a), and those provisions apply to service attempted outside the state by that method.
Staff Note (July 1, 2014 Amendments)
Rule 4.3(B)(2) is amended to be consistent with the provisions of Civ.R. 4.1(B) relating to personal service within the state which specify, “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” and “Failure to make service within the twenty-eight-day period and failure to make proof of service do not affect the validity of service.”
Plain-English Summary
Division (A) reaches a nonresident, or an Ohio resident who is absent from the state, whose own conduct, directly or through an agent, caused the claim in the complaint to arise. The listed connections include transacting business in Ohio, contracting to supply goods or services here, causing a tortious injury by an act or omission in Ohio, causing injury from outside Ohio while regularly doing business or deriving substantial revenue here, breaching a warranty on goods meant for use in Ohio, holding an interest in Ohio real property, insuring an Ohio risk, owing spousal or child support tied to an Ohio marital relationship, and committing an intentional or criminal act with effects in Ohio.
Division (B) sets the methods: the clerk may serve an out-of-state defendant the same way as an in-state defendant, by certified or express mail or by commercial carrier, or the court may order personal service by a non-party at least eighteen years old.
As with in-state service, missing the twenty-eight-day window for personal service, or failing to promptly file proof of service, does not by itself undo an otherwise valid service.
Frequently Asked Questions
What does it mean for Ohio courts to have “long-arm” jurisdiction?
It means an Ohio court can serve and hear a case against someone outside Ohio if that person’s own conduct connects them to the state in one of the specific ways Rule 4.3(A) lists, such as transacting business or causing injury in Ohio.
What kinds of contact with Ohio allow out-of-state service?
Among others: transacting business in Ohio, contracting to supply goods or services here, causing a tortious injury here, owning or using Ohio real property, and insuring a risk located in Ohio.
How is an out-of-state defendant served under this rule?
The same way as an in-state defendant — by certified or express mail, or by a commercial carrier requiring a signed receipt — or, if the court orders it, by personal delivery through someone the court designates.