Detailed Answer
Service of process involves delivering a summons and complaint to a defendant in a lawsuit. Ohio’s rules address special procedures when the defendant is a minor or an individual under guardianship. These rules ensure the defendant receives proper notice and legal rights remain protected.
Ohio Revised Code § 2127.06 – Minors and Incompetent Persons
Under Ohio Revised Code § 2127.06, service of process on a minor or an individual of unsound mind must go to the person’s legal representative:
- Minor: Serve the minor’s parent or legal guardian. If the minor has no living parent or guardian, a guardian ad litem must be appointed by the court (see Ohio Civ. R. 17(B)).
- Individual Under Guardianship: Serve the individual’s court-appointed guardian. If no guardian exists, serve the spouse or next of kin, or petition the court to appoint a guardian ad litem.
Ohio Civil Rule 17(B) – Guardian ad Litem or Next Friend
Ohio Civil Rule 17(B) provides that no action may proceed by or against a minor or an incompetent person without a next friend or guardian ad litem. This rule works hand-in-hand with R.C. 2127.06 to protect vulnerable parties during litigation.
Practical Steps for Service
- Identify the defendant’s status (minor or under guardianship).
- Locate the parent, legal guardian, or court-appointed guardian.
- If no guardian exists, file a motion to appoint a guardian ad litem under Civ. R. 17(B).
- Effect personal service on that representative following Ohio R.C. Chapter 2329 and Civ. R. 4.1.
- File proof of service with the court, noting the name and capacity of the person served.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Always verify guardianship through the probate court docket before serving papers.
- If a minor defendant lives with both parents, service to either parent is sufficient.
- Use certified mail with return receipt for additional proof when permitted.
- Maintain detailed records of service attempts and dates to avoid challenges.
- Consider hiring a professional process server familiar with Ohio’s special-needs service rules.