Ohio Code § 1547.36

Ohio Code § 1547.36. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 1547.36.

The operation by a nonresident of a vessel upon the waters in this state, or the operation

on the waters in this state of a vessel owned by a nonresident if operated with nonresident's

consent, express or implied, shall be deemed equivalent to an appointment by the nonresident

of the secretary of state to be nonresident's true and lawful attorney, upon whom

may be served the summons in any action against the nonresident, growing out of any

accident or collision in which the nonresident may be involved while operating a vessel

on the waters in this state, or in which the vessel may be involved while being so

operated on the waters in this state.  The operation shall be deemed a signification of the nonresident's agreement that

any summons against the nonresident which is so served shall have the same legal force

and validity as if served on the nonresident personally within this state.  Service of summons shall be made by leaving a copy thereof with the secretary of

state, or the secretary of state's deputy, who shall keep a record of each process

and the day and hour of service and service shall be sufficient services upon the

nonresident, if notice of the service and a copy of the summons are forthwith either

served upon the defendant personally by the sheriff or constable of the county in

which the defendant resides or sent by certified mail by the plaintiff or the plaintiff's

attorney to the defendant.  If personal service of the notice and copy of summons is had upon the defendant,

the officer making the service shall so certify in the officer's return which shall

be filed with the court having jurisdiction of the cause.  If service is made by certified mail then the plaintiff or the plaintiff's attorney

shall make an affidavit showing that service of the notice and summons upon the defendant

was made by certified mail and the affiant shall attach thereto a true copy of the

summons and notice so served and the return receipt of the defendant and shall file

the affidavit and attached papers with the court having jurisdiction of the cause.  The court in which the action is pending may order such extension of time as may

be necessary to afford the defendant reasonable opportunity to defend the action. The death of a nonresident shall not operate to revoke the appointment by the nonresident

of the secretary of state as the nonresident's true and lawful attorney upon whom

may be served the summons in an action against the nonresident growing out of the

accident or collision;  and in the event of the nonresident's death, any action growing

out of such accident or collision may be commenced or prosecuted against the nonresident's

executor or administrator duly appointed by the state, territory, or districts of

the United States or foreign country in which the nonresident resided at the time

of death, and service of the summons shall be made upon the secretary of state, and

personal service of the notice and the copy of the summons be had upon the nonresident's

executor or administrator, as the case may be, in like manner, with the same force

and effect as service upon the nonresident during the nonresident's lifetime. Any action or proceeding pending in any court of this state, in which the court has

obtained jurisdiction of the nonresident pursuant to sections 1547.02 to 1547.36 of the Revised Code , shall not abate by reason of the death of the nonresident, but the nonresident's

executor or administrator duly appointed in the state, territory, or district of the

United States or foreign country in which the nonresident resided at the time of death,

upon the application of the plaintiff in the action and upon such notice as the court

may prescribe, shall be brought in and substituted in the place of the decedent and

the action or proceeding shall continue. The court shall include as taxable costs, in addition to other legal costs, against

the plaintiff in case the defendant prevails in the action, the actual traveling expenses

of the defendant from the defendant's residence to the place of trial and return,

not to exceed the sum of one hundred dollars. This section applies to actions commenced in all courts of this state having civil

jurisdiction.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 1547.36
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

What is the source of Ohio Revised Code § 1547.36?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 1547.36 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 1547.36 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

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