Section 311.08 | Execution and return of process.
(A) The sheriff shall, except as provided in division (B) of this section, execute every summons, order, or other process directed to him by a proper and lawful authority of this state or issued by a proper and lawful authority of any other state, make return thereof, and exercise the powers conferred and perform the duties enjoined upon him by statute and by the common law.
In an action in which the sheriff is a party, or is interested, process shall be directed to and executed by a person appointed by the court of common pleas or a judge of the court of common pleas.
(B) The sheriff shall not execute process that is issued in a state other than this state, unless the process contains either of the following:
(1) A certification by the judge of the court that issued the process stating that the issuing court has jurisdiction to issue th process and that the documents being forwarded conform to the laws of the state in which the court is located;
(2) If the process is an initial summons to appear and defend issued after the filing of a complaint commencing an action, a certification by the clerk of the court that issued the process stating that the process was issued in conformance with the laws of the state in which the court is located.
Available Versions of this Section
- October 27, 1981 – Senate Bill 114, 114th General Assembly [ View October 27, 1981 Version ]