Medina County Courthouse

Thursday, December 18, 2008

Update on Proposed Changes to Civ. R. 4

Medina County Domestic Relations Judge Mary R. Kovack submitted the following concerning proposed changes to Civ. R. 4:

Update on proposed changes to Civ. R. 4.

The comments on the change to plaintiff's service and the elimination of the perfection of "unclaimed" service by regular mail were overwhelmingly negative. 45 lawyers (on behalf of themselves or law firms) opined that the current system for service works well. Sixteen organizations or groups voiced opposition, including: Legal Aid agencies in Columbus, Cincinnati, Cleveland, and Southeastern Ohio; the 1500-member Ohio Association for Justice; the Ohio Child Support Enforcement Agency (CSEA) Directors’ Association and the individual CSEA agencies in Franklin, Clermont, and Montgomery counties; the Litigation Section and the Negligence Law Committee of the OSBA; the Ohio Creditor Attorneys Association; the Akron Bar Association’s Civil Procedure and Appellate Courts Committee; the Crawford County Bar Association; and the Ohio Department of Public Safety. Three subdivisions of the Ohio Judicial Conference voiced opposition: the Civil Law and Procedure Committee, the Domestic Relations Law and Procedure Committee, and the Domestic Relations Judges Executive Committee. Judges and magistrates from six counties also voiced significant concerns about the changes. One pro se litigant also weighed in against the proposed changes.

On December 5th, the Commission on Rules and Procedure voted unanimously to withdraw the proposed changes.
The only proposed change to Civ. R. 4 that the Commission voted to recommend to the Supreme Court for final approval is the addition of Civ.R. 4.2(G). This provides for service on Limited Liability Companies, a matter not addressed in the current rules.

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