Rule 4.7. Process: Waiving Service

(A) Requesting a waiver An individual, corporation, partnership, or association that is subject to service under Civ.R. 4 through 4.6 has a duty to avoid unnecessary expenses of serving the summons. The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons. The notice and request must satisfy all of the following requirements:

(1) Be in writing and be addressed as required by Civ.R. 4.2;

(2) Name the court where the complaint was filed;

(3) Be accompanied by a copy of the complaint, two copies of the waiver form appended to this Rule 4.7, and a prepaid means for returning the form;

(4) Inform the defendant, using the form appended to this Rule 4.7, of the consequences of waiving and not waiving service;

(5) State the date when the request is sent;

(6) Give the defendant a reasonable time of at least twenty-eight days after the request was sent - or at least sixty days if sent to the defendant outside of the United States - to return the waiver;

(7) Be sent by first-class mail or other reliable means.

(B) Scope of application The waiver of service provisions in this rule only apply in civil actions in the courts of common pleas, except that they do not apply to petitions seeking orders under Civ.R. 65.1 nor to domestic relations matters as defined in R.C. 3105.011.

(C) Failure to waive If a defendant over which the court has personal jurisdiction fails, without good cause, to sign and return a waiver requested by a plaintiff, the court may impose on the defendant both of the following:

(1) The expenses later incurred in making service;

(2) The reasonable expenses, including attorney's fees, of any motion required to collect those service expenses.

(D) Time to answer after a waiver A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until sixty days after the request was sent—or until ninety days after it was sent to the defendant in a foreign country.

(E) Results of filing a waiver When the plaintiff files a waiver, proof of service is not required and these rules apply as if a summons and complaint had been served at the time of filing the waiver.

(F) Jurisdiction and venue not waived Waiving service of a summons does not waive any objection to jurisdiction or to venue. [Form] R ULE 4.7 N OTICE OF A L AWSUIT AND R W S S .

(Caption) To (name the defendant or — if the defendant is a corporation, partnership, or association — name an officer or agent authorized to receive service) : W HY ARE YOU GETTING THIS ? A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached. This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal service of a summons by signing and returning the enclosed waiver. To avoid these possible expenses, you must return the signed waiver within (give at least 28 days or at least 60 days if the defendant is outside the United States) from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along with a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy. W HAT HAPPENS NEXT ? If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served on the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this notice is sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside the United States). If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service. Please read the enclosed statement about the duty to avoid unnecessary expenses. I certify that this request is being sent to you on the date below. Date: _____________________ Name of party requesting waiver of service of summons: ______________________ Individual issuing this request on behalf of that party: Printed name: ____________________________ Signature: ________________________________ Address: _________________________________ E-mail address: _____________________________ Telephone number: __________________________ [Form] R ULE 4.7 W AIVER OF THE S S .

(Caption) To (name the plaintiff's attorney or the unrepresented plaintiff) : I have received your request to waive service of a summons in this action along with a copy of the complaint, two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you. I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case. I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court's jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service. I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 60 days from _____________________, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail to do so, a default judgment could be entered against me or the entity I represent. Name of party waiving service of summons: ________________________________ Individual signing on behalf of party waiving service of summons: Printed name: ____________________________ Relationship to party waiving service of summons: ________________________ Signature: ________________________________ Address: _________________________________ E-mail address: _____________________________ Telephone number: __________________________ (Attach the following) D UTY TO A VOID U NNECESSARY E S S Rule 4.7 of the Ohio Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant who is subject to the court's personal jurisdiction and who fails to return a signed waiver of service requested by a plaintiff may be required to pay the expenses of service, unless the defendant shows good cause for the failure. "Good cause" does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant's property. If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service. If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.