Ohio Rev. Code § 2731.08 (2026)

Service of writ

✓ current as of May 2026

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Effective:

October 1, 1953

Latest Legislation:

House Bill 1 - 100th General Assembly

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The writ of mandamus shall be served upon the defendant personally, by copy, by the sheriff or by a person specially authorized by the court or judge issuing the writ. Such officer or person must report his proceedings therewith to the court. When the service is made by a person not an officer, the return must be verified by his affidavit.

Notes of Decisions

Cited in 7 cases, 1986–2019 · leading case: State Ex Rel. Meyers v. Ohio State Lottery Comm'n, 517 N.E.2d 1029 (Ohio Ct. App. 1986).

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State Ex Rel. Meyers v. Ohio State Lottery Comm'n, 517 N.E.2d 1029 (Ohio Ct. App. 1986). “The judgment creditors have their statutory rights to proceed against the relator once the respondent has followed its obligation to pay to the relator his winnings as provided by statute and the Ohio Administrative Code.”

Hunter v. Britten, 907 N.E.2d 360 (Ohio Ct. App. 2009). “{¶ 70} The sheriff of Wood County shall immediately serve, upon each respondent by personal service, a copy of this writ pursuant to R.C. 2731.08. The clerk of court is also directed to immediately serve upon all other parties a copy of this writ in a manner prescribed by Civ.”

State ex rel. Robinson-Bond v. Champaign Cty. Bd. of Elections, 2011 Ohio 6127 (Ohio Ct. App. 2011). “{¶ 31} Pursuant to R.C. 2731.08, the Sheriff shall serve a copy of this Writ upon the members of the Champaign County Board of Elections, personally.”

State ex rel. D.D. v. Lucas Cty. Court of Common Pleas, 2019 Ohio 3261 (Ohio Ct. App. 2019). “{¶ 10} The clerk of court, whom the court hereby specially authorizes to perfect service in this case, shall immediately serve, upon the respondents by personal service, a copy of this alternative writ pursuant to R.”

Webb v. Lucas Cnty. Bd. of Elections, 960 N.E.2d 503 (Ohio Ct. App. 2011). “{¶ 31} The sheriff of Lucas County shall immediately serve, upon the respondents by personal service, a copy of this writ pursuant to R.C. 2731.08. {¶ 32} The clerk is further directed to immediately serve upon all other parties a copy of this writ in a manner prescribed by Civ.”

State ex rel. Byers v. Carr, 2016 Ohio 241 (Ohio Ct. App. 2016). “{¶ 44} The sheriff of Lucas County shall immediately serve upon the respondents by personal service, a copy of this writ pursuant to R.C. 2731.08. {¶ 45} The clerk is directed to immediately serve upon all other parties a copy of this writ in a manner prescribed by Civ.”

Leavell v. Conway, 2017 Ohio 8346 (Ohio Ct. App. 2017). “{¶ 6} The clerk of court, whom the court hereby specially authorizes to perfect service in this case, shall immediately serve, upon the respondent by personal service, a copy of this peremptory writ pursuant to R.”

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