Last amended July 1, 2024 · Last verified July 1, 2026
In one sentenceRule 4 requires the clerk to issue a summons the moment a complaint is filed, spells out what that summons must say, and lets a defendant waive formal service in writing instead of being served in the traditional way.
Upon the filing of the complaint the clerk shall forthwith issue a summons for service upon each defendant listed in the caption. Upon request of the plaintiff separate or additional summons shall issue at any time against any defendant.
The summons shall be signed by the clerk, contain the name and address of the court and the names and addresses of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the times within which these rules or any statutory provision require the defendant to appear and defend, and shall notify the defendant that in case of failure to do so, judgment by default will be rendered against the defendant for the relief demanded in the complaint. Where there are multiple plaintiffs or multiple defendants, or both, the summons may contain, in lieu of the names and addresses of all parties, the name of the first party on each side and the name and address of the party to be served.
A copy of the complaint shall be attached to each summons. The plaintiff shall furnish the clerk with sufficient copies.
For the purpose of issuance and service of summons "plaintiff" shall include any party seeking the issuance and service of summons, and "defendant" shall include any party upon whom service of summons is sought.
In any type of action, service of summons may be waived in writing by any person entitled thereto under Civ.R. 4.2 who is at least eighteen years of age and not under disability, or by the party’s attorney as permitted under division (D) (2) of this rule.
2Waiver by attorney on behalf of a party
A waiver signed by a party’s attorney is presumed to be authorized.
3Waiver by individual on own behalf
A waiver signed by an individual on that individual’s own behalf is valid only if the waiver sets forth a mailing address or e-mail address for that individual, which shall be deemed a proper address for service under Civ.R.5.
If a service of the summons and complaint is not made upon a defendant within six months after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court's own initiative with notice to such party or upon motion. This division shall not apply to out-of-state service pursuant to Rule 4.3 or to service in a foreign country pursuant to Rule 4.5.
Upon the filing of a motion to revive a dormant judgment the clerk shall forthwith issue a summons for service upon each judgment debtor. The summons, with a copy of the motion attached, shall be in the same form and served in the same manner as provided in these rules for service of summons with complaint attached, shall command the judgment debtor to serve and file a response to the motion within the same time as provided by these rules for service and filing of an answer to a complaint, and shall notify the judgment debtor that in case of failure to respond the judgment will be revived.
Amendment History
Effective Date: July 1, 1970
Amended: July 1, 1971; July 1, 1973; July 1, 1975; July 1, 1984; July 1, 2008; July 1, 2020; July 1, 2024
Staff Note (July 1, 2008 Amendment)
The adoption of the Ohio Rules of Civil Procedure in 1970 left unclear the procedure and manner of service for a motion to revive a dormant judgment, formerly governed by R.C. 2325.15 and R.C. 2325.16 which referred to statutes superseded by the Rules. Division (F) of Rule 4 has been adopted to make clear that R.C. 2325.15 and R.C. 2325.16 are superseded by this new Rule. It requires, consistent with the practice under the prior statutes, that a motion to revive a dormant judgment be served upon the judgment debtor in the same manner as service of summons with complaint attached, affording the debtor an opportunity to show cause against the revivor.
Staff Note (July 1, 2020 Amendment)
Civ.R. 4(D) is amended to include a reference to the specific provisions for waiver of service of summons provided for in Civ.R. 4.7.
Staff Note (July 1, 2024 Amendment)
Civil Rule 4(D) is amended in three respects. First, Civ.R. 4(D) and 4.7(B) are amended to clarify that service of summons may be waived in any case. No substantive change is intended in this respect. Second, the rule is amended such that a waiver signed by a party’s attorney is presumed to be authorized. This amendment promotes the reliability of a waiver signed by an attorney on behalf of a client and minimizes the risk of a defendant, late in the course of an action, asserting that the attorney lacked authority to waive service of summons on behalf of the defendant. Third, the rule is amended such that a waiver signed by an individual on the individual’s own behalf is valid only if the waiver sets forth a mailing or e-mail address for that individual, which address is then deemed proper for service of subsequent papers. This amendment is prompted by instances, especially in juvenile court and domestic relations court, of unrepresented parties waiving service of summons without providing the court and the opposing parties an address for service of subsequent papers
Plain-English Summary
Once a complaint is filed, division (A) requires the clerk to issue a summons for each defendant without delay, and additional summonses can issue later against any defendant if needed. Division (B) sets what the summons must contain: the court’s name and address, the parties’ names and addresses, the plaintiff’s attorney or address, the time allowed to respond, and a warning that a default judgment can follow if the defendant does not appear. A copy of the complaint travels with every summons.
Division (D) lets a defendant skip formal service altogether by waiving it in writing. A waiver signed by a party’s attorney is presumed authorized, while a waiver an individual signs personally is only valid if it includes a mailing or email address the court and other parties can use for later filings — a safeguard added in 2024 for unrepresented litigants.
Division (E) gives a plaintiff six months to complete service before a court can dismiss the case without prejudice on its own initiative, though the court must first give notice or a motion must be filed, and good cause can extend that window. Division (F) applies the same summons procedure to reviving a dormant judgment against a judgment debtor.
Frequently Asked Questions
What must a summons include under Ohio law?
The court’s name and address, the parties’ names and addresses, the plaintiff’s attorney or address, the time the defendant has to respond, and a warning that judgment by default can be entered if the defendant fails to appear.
Can a defendant just agree to skip being formally served?
Yes. Rule 4(D) lets a defendant, or the defendant’s attorney, waive service of summons in writing. A waiver signed by an individual on their own behalf must include a mailing or email address for future service.
What happens if a defendant is not served within six months of filing?
The court, on its own initiative with notice, or on motion, may dismiss the action against that defendant without prejudice unless the plaintiff shows good cause for the delay.
Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the
official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 4). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as:summonsissuance of summonswaiver of servicedefault warning