Service of process 

2-271 1994 Opinions OAG 94-055 OPINION NO. 94-055 Syllabus: The clerk of the court of common pleas has no authority to use a private contractor instead of the United States mail in the service of process by certified mail as governed by R. Civ. P. 4.1(1). To: James J. Mayer, Jr., Richland County Prosecuting Attorney, Mansfield, Ohio By: Lee Fisher, Attorney General, August 30,1994 OAG 94-055 Attorney General 2-272 Service of Proc.ess by the Clerk of the Court of Common Pleas Pursuant to R.C. 2303.11, "[a]U writs and orders for provisional remedies, and process of every kind, shall be issued by the clerk of the coun of common plea.r; but before they are issued a praecipe shall be fIled with the clerk demanding the same." -(Emphasis added.) Thus R.C. 2303.11 imposes upon the clerk of courts the duty to issue process of every kind. The clerk of the court of common pleas is an elected county officer. R.C. 2303.01. As noted in State ex rei. McKean v. Graves, 91 Ohio St. 23, 24, 109 N.B. 528,528 (1914), the clerk is "an ann ofthe coun for issuing its process, entering its judgments and perfonning like duties which the court itself might perform. perfonnance of those functions added.) His services of the court w are hich employed only for the more are clerical in their nature." convenient (Emphasis Ohio R. Civ. P. 4.1 As mentioned in your opinion request, Ohio R. Civ. P. 4.1 (1)1 addresses the duty of the clerk of courts regarding service by certified mail, stating in pertinent part: All methods of service within this Slate, except selVice by publication as provided in Rule 4.4(A) are described herein. Methods of out-of-state service and for St:lVice in a foreign country are described in Rule 4.3. and Rule 4.5. (1) Service by certified mail. Evidenced by return receipt signed by any person, selVice of any process shall be by certified mail unless otherwise permitted by these rules. The clerk shall place a copy of the process and complaint or other document to be selVed in an envelope. He shall address the envelope to the person to be served at the address set forth in the caption or at the address set forth in written instructions furnil1hed to the clerk with instructions to forward. He shall affIx adequate postage and pk;ce the sealed envelope in the United States mail as certified mail return receipt requested with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered. All postage shall be charged to costs. If the parties to be served by certified mail are numerous and the clerk determines there is insufficient security for costs, he may require the party requesting selVice to advance an amount estimated by the clerk to be sufficient to pay the postage. (Emphasis added.) R. Civ. P. 4.1(1), therefore, prescribes the manner in which the clerk of courts shall issue selVice by certified mail, and requires, among other things, the clerk's placement "in the United States mail" of the sealed envelope contair.ing the process to be selVed. See Hecker v. Norfolk & Western Railway Co., 86 Ohio App. 3d 543,621 N.E.2d 601 (Marion County 1993) (rmding the duties of the clerk of courts, upon the filing of a complaint with the clerk, to be governed by the Rules of Civil Procedure). 1 The Ohio Rules of Civil Procedure were adopted by the Supreme Court of Ohio pursuant to Ohio Const. art. IV, § 5(B), which authorizes the court to "prescribe rules governing practice and procedure in all courts of the state, which rules shall not abridge, enlarge, or modify any substantive right." Article IV, § 5(B) further states that, " [a]ll laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. " 2 2-273 1994 Opinions OAG 94-056 In the situation about which you ask, the clerk of courts is required by R. Civ. P. 4.1(1), when issuing service by certified mail, to place the envelope containing the copy of the process, complaint or other document to be served "in the United Stales mail as certified mail return receipt requested with instructions toO the delivering postal employee to show to whom delivered, date of delivery, and address whe',e delivered." (Emphasis added.) R. Civ. P. 4.1(1) expressly requires the clerk to use the United States mail. Although use of an alternative means of delivery may be more economical, the rule in its current form provides no such option, and thus an amendment to the rule would be required in order to authorize the use of any such alternative means of delivery. 2 Conclusion It is, therefore, my opinion, and you are hereby advised that the clerk of the court of common pleas has no authority to use a private contractor instead of the United States mail in the service of process by certified mail as ~ed by R. Ci¥ P. 4.1 (1). Your question asked whether the board of county commissioners could contract with a private contractor to effect service "by certified mail" on behalf of the clerk of courts. However, because the clerk of courts is without authority to use a private contractor for this purpose, it is not necessary to address the powers of boards of county commissioners. September 1 <)<)4