Ohio Rules of Civil Procedure

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21 Misjoinder and nonjoinder of parties,22 Interpleader. 23 Class actions,23 1 Derivative actions by shareholders. 24 Intervention,25 Substitution of parties,Title V DISCOVERY. 26 General provisions governing discovery, 27 Perpetuation of testimony depositions before action or pending appeal. 28 Persons before whom depositions may be taken,29 Stipulations regarding discovery procedure.
30 Depositions upon oral examination, 31 Depositions of witnesses upon written questions. 32 Use of depositions in court proceedings,33 Interrogatories to parties. 34 Producing documents electronically stored information and tangible things or entering. onto land for inspection and other purposes,35 Physical and mental examination of person. 36 Requests for admission,37 Failure to make discovery sanctions. Title VI TRIALS,38 Jury trial of right,39 Trial by jury or by the court.
40 Pre recorded testimony,41 Dismissal of actions,42 Consolidation separate trials. 43 Taking Testimony,44 Proof of official record, 44 1 Judicial notice of certain law determination of foreign law. 45 Subpoena,46 Exceptions unnecessary, 48 Juries majority verdict stipulation of number of jurors. 49 Verdicts interrogatories, 50 Motion for a directed verdict and for judgment not withstanding the verdict. 51 Instructions to the jury objection,52 Findings by the court.
53 Magistrates,Title VII JUDGMENT,54 Judgments costs. 55 Default,56 Summary judgment,57 Declaratory judgments. 58 Entry of judgment,59 New trials,60 Relief from judgment or order. 61 Harmless error,62 Stay of proceedings to enforce a judgment. 63 Disability of a judge,Title VIII PROVISIONAL AND FINAL REMEDIES.
64 Seizure of person or property,65 Injunctions,65 1 Civil Protection Orders. 66 Receivers,67 Reserved,68 Offer of judgment,69 Execution. 70 Judgment for specific acts vesting title, 71 Process in behalf of and against persons not parties. 72 Reserved,Title IX PROBATE JUVENILE AND DOMESTIC RELATIONS. PROCEEDINGS,73 Probate division of the court of common pleas.
74 Reserved,75 Divorce annulment and legal separation actions. 76 Reserved,81 References to Ohio Revised Code,Title X GENERAL PROVISIONS. 82 Jurisdiction unaffected,83 Local rules of practice. 86 Effective date,APPENDIX OF FORMS,Forms 1 20 General Civil Forms. Forms1 28 Domestic Relations Forms,TITLE I SCOPE OF RULES ONE FORM OF ACTION.
RULE 1 Scope of Rules Applicability Construction Exceptions. A Applicability These rules prescribe the procedure to be followed in all courts of. this state in the exercise of civil jurisdiction at law or in equity with the exceptions stated in. division C of this rule, B Construction These rules shall be construed and applied to effect just results by. eliminating delay unnecessary expense and all other impediments to the expeditious. administration of justice, C Exceptions These rules to the extent that they would by their nature be clearly. inapplicable shall not apply to procedure 1 upon appeal to review any judgment order or. ruling 2 in the appropriation of property 3 in forcible entry and detainer 4 in small claims. matters under Chapter 1925 of the Revised Code 5 in uniform reciprocal support actions 6 in. the commitment of the mentally ill 7 in adoption proceedings under Chapter 3107 of the. Revised Code 8 in all other special statutory proceedings provided that where any statute. provides for procedure by a general or specific reference to all the statutes governing procedure in. civil actions such procedure shall be in accordance with these rules. Effective July 1 1970 amended effective July 1 1971 July 1 1975 July 1 2015. Staff Note July 1 2015 Amendment, Division C is amended to specifically include within the exceptions to the application of the Civil. Rules Revised Code Chapter 3107 adoption proceedings to the extent that the rules would by their. nature be clearly inapplicable to those proceedings. RULE 2 One Form of Action, There shall be only one form of action and it shall be known as a civil action. Effective July 1 1970,TITLE II COMMENCEMENT OF ACTION AND VENUE.
SERVICE OF PROCESS SERVICE AND FILING OF,PLEADINGS AND OTHER PAPERS SUBSEQUENT. TO THE ORIGINAL COMPLAINT TIME,RULE 3 Commencement of Action Venue. A Commencement A civil action is commenced by filing a complaint with the. court if service is obtained within one year from such filing upon a named defendant or upon an. incorrectly named defendant whose name is later corrected pursuant to Civ R 15 C or upon a. defendant identified by a fictitious name whose name is later corrected pursuant to Civ R 15 D. B Limited Appearance by Attorney An attorney s role may be limited in scope as. authorized by Prof Cond R 1 2 c if that scope is specifically described in a Notice of Limited. Appearance stating that the limited appearance has been authorized by the party for whom the. appearance is made and filed and served in accordance with Civ R 5 prior to or at the time of. any such appearance The attorney s limited appearance terminates without the necessity of leave. of court upon the attorney filing a Notice of Completion of Limited Appearance filed and. served upon all parties including the party for whom the appearance was made in accordance. with Civ R 5 If there is no objection within ten days of service of this notice then no entry by. the court is necessary for the termination of the limited appearance to take effect. C Venue where proper Any action may be venued commenced and decided in. any court in any county When applied to county and municipal courts county as used in this. rule shall be construed where appropriate as the territorial limits of those courts Proper venue. lies in any one or more of the following counties,1 The county in which the defendant resides. 2 The county in which the defendant has his or her principal place of business. 3 A county in which the defendant conducted activity that gave rise to the claim for. 4 A county in which a public officer maintains his or her principal office if suit is. brought against the officer in the officer s official capacity. 5 A county in which the property or any part of the property is situated if the. subject of the action is real property or tangible personal property. 6 The county in which all or part of the claim for relief arose or if the claim for. relief arose upon a river other watercourse or a road that is the boundary of the state or of two. or more counties in any county bordering on the river watercourse or road and opposite to the. place where the claim for relief arose, 7 In actions described in Civ R 4 3 in the county where plaintiff resides. 8 In an action against an executor administrator guardian or trustee in the county. in which the executor administrator guardian or trustee was appointed. 9 In actions for divorce annulment or legal separation in the county in which the. plaintiff is and has been a resident for at least ninety days immediately preceding the filing of the. 10 In actions for a civil protection order in the county in which the petitioner. currently or temporarily resides, 11 In tort actions involving asbestos claims silicosis claims or mixed dust disease.
claims only in the county in which all of the exposed plaintiffs reside a county where all of the. exposed plaintiffs were exposed to asbestos silica or mixed dust or the county in which the. defendant has his or her principal place of business. 12 If there is no available forum in divisions C 1 to C 10 of this rule in the. county in which plaintiff resides has his or her principal place of business or regularly and. systematically conducts business activity, 13 If there is no available forum in divisions C 1 to C 11 of this rule. a In a county in which defendant has property or debts owing to the defendant. subject to attachment or garnishment, b In a county in which defendant has appointed an agent to receive service of. process or in which an agent has been appointed by operation of law. D Change of venue, 1 When an action has been commenced in a county other than stated to be proper in. division C of this rule upon timely assertion of the defense of improper venue as provided in. Civ R 12 the court shall transfer the action to a county stated to be proper in division C of this. 2 When an action is transferred to a county which is proper the court may assess. costs including reasonable attorney fees to the time of transfer against the party who. commenced the action in a county other than stated to be proper in division C of this rule. 3 Before entering a default judgment in an action in which the defendant has not. appeared the court if it finds that the action has been commenced in a county other than stated to. be proper in division C of this rule may transfer the action to a county that is proper The clerk. of the court to which the action is transferred shall notify the defendant of the transfer stating in. the notice that the defendant shall have twenty eight days from the receipt of the notice to answer. in the transferred action, 4 Upon motion of any party or upon its own motion the court may transfer any. action to an adjoining county within this state when it appears that a fair and impartial trial. cannot be had in the county in which the suit is pending. E Venue no proper forum in Ohio When a court upon motion of any party or. upon its own motion determines 1 that the county in which the action is brought is not a. proper forum 2 that there is no other proper forum for trial within this state and 3 that there. exists a proper forum for trial in another jurisdiction outside this state the court shall stay the. action upon condition that all defendants consent to the jurisdiction waive venue and agree that. the date of commencement of the action in Ohio shall be the date of commencement for the. application of the statute of limitations to the action in that forum in another jurisdiction which. the court deems to be the proper forum If all defendants agree to the conditions the court shall. not dismiss the action but the action shall be stayed until the court receives notice by affidavit. that plaintiff has recommenced the action in the out of state forum within sixty days after the. effective date of the order staying the original action If the plaintiff fails to recommence the. action in the out of state forum within the sixty day period the court shall dismiss the action. without prejudice If all defendants do not agree to or comply with the conditions the court shall. hear the action, If the court determines that a proper forum does not exist in another jurisdiction it shall.
hear the action, F Venue multiple defendants and multiple claims for relief In any action. brought by one or more plaintiffs against one or more defendants involving one or more claims. for relief the forum shall be deemed a proper forum and venue in the forum shall be proper if. the venue is proper as to any one party other than a nominal party or as to any one claim for. Neither the dismissal of any claim nor of any party except an indispensable party shall. affect the jurisdiction of the court over the remaining parties. G Venue notice of pending litigation transfer of judgments. 1 When an action affecting the title to or possession of real property or tangible. personal property is commenced in a county other than the county in which all of the real. property or tangible personal property is situated the plaintiff shall cause a certified copy of the. complaint to be filed with the clerk of the court of common pleas in each county or additional. county in which the real property or tangible personal property affected by the action is situated. If the plaintiff fails to file a certified copy of the complaint third persons will not be charged with. notice of the pendency of the action, To the extent authorized by the laws of the United States division G 1 of this rule also. applies to actions other than proceedings in bankruptcy affecting title to or possession of real. property in this state commenced in a United States District Court whenever the real property is. situated wholly or partly in a county other than the county in which the permanent records of the. court are kept, 2 After final judgment or upon dismissal of the action the clerk of the court that. issued the judgment shall transmit a certified copy of the judgment or dismissal to the clerk of the. court of common pleas in each county or additional county in which real or tangible personal. property affected by the action is situated, 3 When the clerk has transmitted a certified copy of the judgment to another county. in accordance with division G 2 of this rule and the judgment is later appealed vacated or. modified the appellant or the party at whose instance the judgment was vacated or modified must. cause a certified copy of the notice of appeal or order of vacation or modification to be filed with. the clerk of the court of common pleas of each county or additional county in which the real. property or tangible personal property is situated Unless a certified copy of the notice of appeal. or order of vacation or modification is so filed third persons will not be charged with notice of. the appeal vacation or modification, 4 The clerk of the court receiving a certified copy filed or transmitted in accordance.
OHIO RULES OF CIVIL PROCEDURE Title I SCOPE OF RULES ONE FORM OF ACTION Rule 1 Scope of rules applicability construction exceptions 2 One form of action Title II COMMENCEMENT OF ACTION AND VENUE SERVICE OF PROCESS SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS SUBSEQUENT TO THE ORIGINAL COMPLAINT TIME 3 Commencement of action venue 4 Process summons 4 1 Process methods of

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