Ohio Rules of Civil Procedure - Supreme Court

More documents

Recommendations

Info

(3) Proof of service. The served document shall be accompanied by a completed proof of service which shall state the date and manner of service, specifically identify the division of Civ.R. 5(B)(2) by which the service was made, and be signed in accordance with Civ.R. 11. Documents filed with the court shall not be considered until proof of service is endorsed thereon or separately filed. (C) Service: numerous defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs. (D) Filing. All documents, after the original complaint, required to be served upon a party shall be filed with the court within three days after service, but depositions upon oral examination, interrogatories, requests for documents, requests for admission, and answers and responses thereto shall not be filed unless on order of the court or for use as evidence or for consideration of a motion in the proceeding. (E) Filing with the court defined. The filing of documents with the court, as required by these rules, shall be made by filing them with the clerk of court, except that the judge may permit the documents to be filed with the judge, in which event the judge shall note the filing date on the documents and transmit them to the clerk. A court may provide, by local rules adopted pursuant to the Rules of Superintendence, for the filing of documents by electronic means. If the court adopts such local rules, they shall include all of the following: (1) Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court shall order the filing stricken. (2) A provision shall specify the days and hours during which electronically transmitted documents will be received by the court, and a provision shall specify when documents received electronically will be considered to have been filed. (3) Any document filed electronically that requires a filing fee may be rejected by the clerk of court unless the filer has complied with the mechanism established by the court for the payment of filing fees. [Effective: July 1, 1970; amended effective July 1, 1971; July 1, 1984; July 1, 1991; July 1, 1994; July 1, 2001; July 1, 2012.]
Rule 5(B) Staff Note (July 1, 2012 Amendment) Rule 5(B) is amended (1) to permit service of documents after the original complaint to be made by electronic means and by commercial carrier service and (2) to conform the format and language of the rule to the December 1, 2007 amendments to Fed.R.Civ.P. 5(b). Rule 5(B)(2)(d) permits service of a document by delivering it to a commercial carrier service for delivery within three calendar days. Rule 5(B)(2)(f) adopts the language of Fed.R.Civ.P. 5(b) stating that service by electronic means is not effective if the serving party learns that the document did not reach the person to be served. Rule 5(B)(3) emphasizes a party’s duty to provide a proof of service that states the date and specific manner by which the service was made, specifically identifying the division of Civ.R. 5(B)(2) by which service was made. Rule 5(D) The provisions of Civ.R. 5(D) relating to the duty to provide a proof of service have been moved to Civ.R. 5(B)(3) and amended to require that a serving party specifically identify the division of Civ.R. 5(B)(2) by which the service was made. Additional changes are made to substitute “document” for “paper” for consistency with other Rules of Civil Procedure. Staff Note (July 1, 2001 Amendment) Civil Rule 5 Service and Filing of Pleadings and Other Papers Subsequent to the Original Complaint Civil Rule 5(E) Filing with the court defined The amendments to this rule were part of a group of amendments that were submitted by the Ohio Courts Digital Signatures Task Force to establish minimum standards for the use of information systems, electronic signatures, and electronic filing. The substantive amendment to this rule was the amendment of the second sentence and the addition of the last sentence of division (E), and the addition of divisions (E)(2) and (E)(3). Comparable amendments were made to Civil Rule 73 (for probate courts), Criminal Rule 12, Juvenile Rule 8, and Appellate Rule 13. As part of this electronic filing and signature project, the following rules were amended effective July 1, 2001: Civil Rules 5, 11, and 73; Criminal Rule 12; Juvenile Rule 8; and Appellate Rules 13 and 18. In addition, Rule 26 of the Rules of Superintendence for Courts of Ohio was amended and Rule of Superintendence 27 was added to complement the rules of procedure. Superintendence Rule 27 establishes a process by which minimum standards for information technology are promulgated, and requires that courts submit any local rule involving the use of information technology to a technology standards committee designated by the Supreme Court for approval.
Page 1 and 2: OHIO RULES OF CIVIL PROCEDURE Title
Page 3 and 4: Title VII JUDGMENT Rule 54 Judgment
Page 5 and 6: TITLE I. SCOPE OF RULES--ONE FORM O
Page 7 and 8: TITLE II. COMMENCEMENT OF ACTION AN
Page 9 and 10: (D) Venue: no proper forum in Ohio.
Page 11 and 12: (4) In reference to a silicosis cla
Page 13 and 14: RULE 4. Process: Summons (A) Summon
Page 15 and 16: RULE 4.1 Process: Methods of Servic
Page 17 and 18: When the person serving process is
Page 19 and 20: (J) Upon a professional association
Page 21 and 22: RULE 4.3 Process: Out-of-State Serv
Page 23 and 24: RULE 4.4 Process: Service by Public
Page 25 and 26: RULE 4.5 Process: Alternative Provi
Page 27 and 28: RULE 4.6 Process: Limits; Amendment
Page 29: RULE 5. Service and Filing of Plead
Page 33 and 34: Staff Note (July 1, 2012 Amendment)
Page 35 and 36: RULE 8. General Rules of Pleading (
Page 37 and 38: RULE 9. Pleading Special Matters (A
Page 39 and 40: (b) The plaintiff may file a motion
Page 43 and 44: equires that courts submit any loca
Page 45 and 46: (D) Preliminary hearings. The defen
Page 47 and 48: (I) Separate trials; separate judgm
Page 49 and 50: RULE 15. Amended and Supplemental P
Page 51 and 52: RULE 16. Pretrial Procedure In any
Page 53 and 54: TITLE IV. PARTIES RULE 17. Parties
Page 55 and 56: RULE 19. Joinder of Persons Needed
Page 57 and 58: Rule 19.1(A), Persons to be Joined
Page 59 and 60: RULE 21. Misjoinder and Nonjoinder
Page 61 and 62: RULE 23. Class Actions (A) Prerequi
Page 63 and 64: RULE 23.1. Derivative Actions by Sh
Page 65 and 66: RULE 25. Substitution of Parties (A
Page 67 and 68: (4) Electronically stored informati
Page 69 and 70: e conducted with on one present exc
Page 71 and 72: RULE 27. Perpetuation of Testimony-
Page 73 and 74: (G) Construction of rule. This rule
Page 77 and 78: RULE 30. Depositions upon oral exam
Page 79 and 80: The deposition shall then be signed
Page 81 and 82:
Staff Note (July 1, 1997 Amendment)
Page 83 and 84:
RULE 32. Use of Depositions in Cour
Page 85 and 86:
(4) As to completion and return of
Page 87 and 88:
An interrogatory otherwise proper i
Page 89 and 90:
to readily include the interrogator
Page 91 and 92:
(3) If a request does not specify t
Page 93 and 94:
issuance of most types of subpoena
Page 95 and 96:
RULE 36. Requests for Admission (A)
Page 97 and 98:
electronic mail." Finally, the amen
Page 99 and 100:
RULE 37. Failure to Make Discovery:
Page 101 and 102:
(D) Failure of party to attend at o
Page 103 and 104:
RULE 38. Jury Trial of Right TITLE
Page 105 and 106:
RULE 40. Pre-Recorded Testimony All
Page 107 and 108:
(3) Adjudication on the merits; exc
Page 109 and 110:
Each act includes a request that th
Page 111 and 112:
RULE 44. Proof of Official Record (
Page 113 and 114:
RULE 45. Subpoena (A) Form; Issuanc
Page 115 and 116:
objection has been made, the party
Page 117 and 118:
Staff Note (July 1, 2012 Amendment)
Page 119 and 120:
RULE 46. Exceptions Unnecessary An
Page 121 and 122:
against an alternate juror only, an
Page 123 and 124:
challenge waives that challenge but
Page 125 and 126:
RULE 48. Juries: Majority Verdict;
Page 127 and 128:
RULE 50. Motion for a Directed Verd
Page 129 and 130:
RULE 51. Instructions to the Jury;
Page 131 and 132:
RULE 52. Findings by the Court When
Page 133 and 134:
(f) Imposing, subject to Civ. R. 53
Page 135 and 136:
(4) Action of court on magistrate
Page 137 and 138:
for the judicial functions but only
Page 139 and 140:
Action of court on magistrate’s d
Page 141 and 142:
In re Disqualification of Light (19
Page 143 and 144:
[now division (E)(3)(d)]. First, th
Page 145 and 146:
Rule 53(D) Proceedings Prior langua
Page 147 and 148:
RULE 55. Default (A) Entry of judgm
Page 149 and 150:
to in an affidavit shall be attache
Page 151 and 152:
RULE 57. Declaratory Judgments The
Page 153 and 154:
RULE 59. New Trials (A) Grounds. A
Page 155 and 156:
RULE 60. Relief From Judgment or Or
Page 157 and 158:
RULE 62. Stay of Proceedings to Enf
Page 159 and 160:
TITLE VIII. PROVISIONAL AND FINAL R
Page 161 and 162:
(C) Security. No temporary restrain
Page 163 and 164:
RULE 65.1. Civil Protection Orders
Page 165 and 166:
(i) A magistrate’s denial or gran
Page 167 and 168:
Division (E): Appointed counsel for
Page 169 and 170:
RULE 67. [RESERVED]
Page 171 and 172:
RULE 69. Execution Process to enfor
Page 173 and 174:
RULE 71. Process in Behalf of and A
Page 175 and 176:
TITLE IX. PROBATE, JUVENILE, AND DO
Page 177 and 178:
No pleading, application, acknowled
Page 179 and 180:
RULE 74. [RESERVED] [Former Rule 74
Page 181 and 182:
(1) The judgment also divides the p
Page 183 and 184:
ordered or change the allocation of
Page 185 and 186:
Rule 75(G) Relief pending appeal. S
Page 187 and 188:
RULE 77 TO 80. [RESERVED]
Page 189 and 190:
state. RULE 82. Jurisdiction Unaffe
Page 191 and 192:
RULE 84. Forms The forms contained
Page 193 and 194:
RULE 86. Effective Date (A) Effecti
Page 195 and 196:
(M) Effective date of amendments. T
Page 197 and 198:
(Y) Effective date of amendments. T
Page 199 and 200:
APPENDIX OF FORMS (See Rule 84) INT
Page 201 and 202:
You are hereby summoned and require
Page 203 and 204:
Fees Service $__________ Mileage $_
Page 205 and 206:
Fees Service $__________ Mileage $_
Page 207 and 208:
FORM 2A. COMPLAINT ON A PROMISSORY
Page 209 and 210:
FORM 4. COMPLAINT FOR GOODS SOLD AN
Page 211 and 212:
FORM 6. COMPLAINT FOR MONEY PAID BY
Page 213 and 214:
FORM 8. COMPLAINT FOR NEGLIGENCE 1.
Page 215 and 216:
FORM 10. COMPLAINT FOR CONVERSION O
Page 217 and 218:
FORM 12. COMPLAINT ON CLAIM FOR DEB
Page 219 and 220:
FORM 14. MOTION TO DISMISS, PRESENT
Page 221 and 222:
FORM 15. ANSWER PRESENTING DEFENSES
Page 223 and 224:
FORM 16. SUMMONS AGAINST THIRD-PART
Page 225 and 226:
FORM 17. MOTION TO INTERVENE AS A D
Page 227 and 228:
FORM 19. JUDGMENT ON DECISION BY TH
show all

Ohio Rules of Civil Procedure - Supreme Court

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?