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OTS 6.1

Prepared by the Real Property Law Section of the Ohio State Bar Association
 
  

6.1 PROCESS-SERVICE BY PUBLICATION WHEN NAME AND ADDRESS OF DEFENDANT ARE UNKNOWN

Problem A:

Where both the name and residence of a defendant are unknown to the plaintiff, must the Plaintiff seek a court order respecting the publication of notice in addition to the affidavit required in Civil Rule 4.4?

Standard A:

Yes. Rule 4.4(a) of the Ohio Rules of Civil Procedure (adopted July 1, 1970) did not overrule R.C. Sec. 2703.24 (amended effective October 4, 1955), which requires that, when it appears by affidavit that the name and residence of a necessary party are unknown to the plaintiff, the court shall make an order respecting the publication of notice.

(Substitute Standard effective as amended May 15, 1991; originally effective November 17, 1956. Original Standard has been incorporated in Civil Rule 4.4A)

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