RULES OF CIVIL PROCEDURE - Supreme Court

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RULE 40.Pre-Recorded TestimonyAll of the testimony and such other evidence as may be appropriate may be presented at atrial by video recording, subject to the provisions of the Rules of Superintendence.[Effective: July 1, 1972; July 1, 2013.]Staff Notes (July 1, 2013 Amendments)Rule 40 is amended to reflect that modern technology now encompasses digital video recording.The amendment is intended to clarify that presentation by video, analog or digital, is permissible providedthat the recording complies with the provisions of the Rules of Superintendence for the <strong>Court</strong>s of Ohio.
RULE 41.Dismissal of Actions(A)Voluntary dismissal: effect thereof.(1) By plaintiff; by stipulation. Subject to the provisions of Civ. R. 23(E), Civ. R.23.1, and Civ. R. 66, a plaintiff, without order of court, may dismiss all claims asserted by thatplaintiff against a defendant by doing either of the following:(a) filing a notice of dismissal at any time before the commencement of trial unless acounterclaim which cannot remain pending for independent adjudication by the court has beenserved by that defendant;(b)action.filing a stipulation of dismissal signed by all parties who have appeared in theUnless otherwise stated in the notice of dismissal or stipulation, the dismissal is withoutprejudice, except that a notice of dismissal operates as an adjudication upon the merits of anyclaim that the plaintiff has once dismissed in any court.(2) By order of court. Except as provided in division (A)(1) of this rule, a claimshall not be dismissed at the plaintiff's instance except upon order of the court and upon suchterms and conditions as the court deems proper. If a counterclaim has been pleaded by adefendant prior to the service upon that defendant of the plaintiff's motion to dismiss, a claimshall not be dismissed against the defendant's objection unless the counterclaim can remainpending for independent adjudication by the court. Unless otherwise specified in the order, adismissal under division (A)(2) of this rule is without prejudice.(B)Involuntary dismissal: effect thereof.(1) Failure to prosecute. Where the plaintiff fails to prosecute, or comply with theserules or any court order, the court upon motion of a defendant or on its own motion may, afternotice to the plaintiff's counsel, dismiss an action or claim.(2) Dismissal; non-jury action. After the plaintiff, in an action tried by the courtwithout a jury, has completed the presentation of the plaintiff’s evidence, the defendant, withoutwaiving the right to offer evidence in the event the motion is not granted, may move for adismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief.The court as trier of the facts may then determine them and render judgment against the plaintiffor may decline to render any judgment until the close of all the evidence. If the court rendersjudgment on the merits against the plaintiff, the court shall make findings as provided in Civ. R.52 if requested to do so by any party.
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OHIO RULES OF CIVIL PROCEDURETitle
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Title VII JUDGMENTRule54 Judgments;
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TITLE I. SCOPE OF RULES--ONE FORM O
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(2) After final judgment, or upon d
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Nonsubstantive grammatical revision
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Staff Note (July 1, 2008 Amendment)
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(B) Personal service. When the plai
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RULE 4.2Process: Who May be ServedS
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Division (G) is inserted into Civ.R
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(10) Causing tortious injury to any
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RULE 4.4Process: Service by Publica
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RULE 4.5Process: Alternative Provis
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RULE 4.6Process: Limits; Amendment;
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RULE 5.Original ComplaintService an
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RULE 8.General Rules of Pleading(A)
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RULE 9.Pleading Special Matters(A)
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(b) The plaintiff may file a motion
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equires that courts submit any loca
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(D) Preliminary hearings. The defen
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(I) Separate trials; separate judgm
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RULE 15.Amended and Supplemental Pl
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RULE 16.Pretrial ProcedureIn any ac
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TITLE IV. PARTIESRULE 17.Parties Pl
Page 56 and 57: RULE 19. Joinder of Persons Needed
Page 58 and 59: Staff Note (July 1, 1996 Amendment)
Page 60 and 61: RULE 21.Misjoinder and Nonjoinder o
Page 62 and 63: RULE 23.Class Actions(A) Prerequisi
Page 64 and 65: RULE 23.1. Derivative Actions by Sh
Page 66 and 67: RULE 25.Substitution of Parties(A)D
Page 68 and 69: (4) Electronically stored informati
Page 70 and 71: e conducted with on one present exc
Page 72 and 73: RULE 27.AppealPerpetuation of Testi
Page 74 and 75: (G) Construction of rule. This rule
Page 78 and 79: RULE 30.Depositions upon oral exami
Page 80 and 81: The deposition shall then be signed
Page 84: RULE 32.Use of Depositions in Court
Page 87 and 88: RULE 33.Interrogatories to Parties(
Page 89 and 90: Similar amendments have been made t
Page 91 and 92: RULE 34. Producing documents, elect
Page 93 and 94: (b)The petitioner is otherwise unab
Page 95 and 96: RULE 35.Physical and Mental Examina
Page 97 and 98: (B) Effect of admission. Any matter
Page 99 and 100: The Rules Advisory Committee is awa
Page 101 and 102: (2) If any party or an officer, dir
Page 105: RULE 39.Trial by Jury or by the Cou
Page 109 and 110: RULE 42.Consolidation; Separate Tri
Page 111 and 112: RULE 43.[RESERVED]
Page 113 and 114: RULE 44.1. Judicial Notice of Certa
Page 115 and 116: (2) The clerk shall issue a subpoen
Page 117 and 118: form that is reasonably useable. Un
Page 121 and 122: RULE 46.Exceptions UnnecessaryAn ex
Page 123 and 124: against an alternate juror only, an
Page 125 and 126: challenge waives that challenge but
Page 127 and 128: RULE 48.Juries: Majority Verdict; S
Page 129 and 130: RULE 50.VerdictMotion for a Directe
Page 131 and 132: RULE 51.Instructions to the Jury; O
Page 133 and 134: RULE 52.Findings by the CourtWhen q
Page 135 and 136: (f) Imposing, subject to Civ. R. 53
Page 137 and 138: (4) Action of court on magistrate
Page 139 and 140: for the judicial functions but only
Page 141 and 142: Action of court on magistrate’s d
Page 143 and 144: In re Disqualification of Light (19
Page 145 and 146: [now division (E)(3)(d)]. First, th
Page 147 and 148: Rule 53(D) ProceedingsPrior languag
Page 149 and 150: RULE 55.Default(A) Entry of judgmen
Page 151 and 152: to in an affidavit shall be attache
Page 153 and 154: RULE 57.Declaratory JudgmentsThe pr
Page 155 and 156: RULE 59.New Trials(A) Grounds. A ne
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RULE 60.Relief From Judgment or Ord
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RULE 62.Stay of Proceedings to Enfo
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TITLE VIII. PROVISIONAL AND FINAL R
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(C) Security. No temporary restrain
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RULE 65.1. Civil Protection Orders(
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(i) A magistrate’s denial or gran
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Division (E): Appointed counsel for
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RULE 67.[RESERVED]
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RULE 69.ExecutionProcess to enforce
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RULE 71.Process in Behalf of and Ag
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TITLE IX. PROBATE, JUVENILE, ANDDOM
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No pleading, application, acknowled
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RULE 74.[RESERVED][Former Rule 74,
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(F) Judgment. The provisions of Civ
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for the care of children is journal
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Rule 75(G) Relief pending appeal.St
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RULE 77 TO 80.[RESERVED]
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TITLE X. GENERAL PROVISIONSRULE 82.
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RULE 84.FormsThe forms contained in
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RULE 86.Effective Date(A) Effective
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(M) Effective date of amendments. T
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(Y) Effective date of amendments. T
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(LL) Effective date of amendments.
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FORM 1. CAPTION AND SUMMONSCOURT OF
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INSTRUCTIONS FOR PERSONAL OR RESIDE
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RETURN OF SERVICE OF SUMMONS(RESIDE
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FORM 2. COMPLAINT ON A PROMISSORY N
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FORM 3. COMPLAINT ON AN ACCOUNTDefe
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FORM 5. COMPLAINT FOR MONEY LENTDef
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FORM 7. COMPLAINT FOR MONEY HAD AND
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FORM 9. COMPLAINT FOR NEGLIGENCE WH
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FORM 11. COMPLAINT FOR SPECIFIC PER
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FORM 13. COMPLAINT FOR INTERPLEADER
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SERVICE OF COPYA copy hereof was se
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CROSS-CLAIM AGAINST DEFENDANT M.N.[
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FORM 16A. COMPLAINT AGAINST THIRD-P
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FORM 18. JUDGMENT ON JURY VERDICTCO
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NoteThis form is illustrative of th
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B. COMPUTATION OF CURRENT INCOMEHus
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B. OTHER MONTHLY LIVING EXPENSESFoo
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Charitable contributions $Membershi
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COURT OF COMMON PLEASCOUNTY, OHIOPl
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CategoryDescription(List who has po
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1.2.3.4.1.2.I. Transfer of Assets E
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V. BANKRUPTCYFiled by: Wife,Husband
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. Child’s Name: Place of Birth:Da
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6. Persons not a party to this case
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MotherFatherUnder the available ins
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Complete the following information,
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OATH(Do not sign until notary is pr
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IN THE COURT OF COMMON PLEASDivisio
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child(ren):The non-residential pare
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4. I state regarding children (chec
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CERTIFICATE OF SERVICEI delivered a
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The dates of birth of children who
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J. The parties that appeared have h
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E. Other orders regarding property
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2E. Deductibility of Spousal Suppor
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B. Present at the hearing were the:
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The Defendant or Plaintiff is guilt
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B. The Defendant shall pay the foll
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Mother shall be the residential par
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SEVENTH: HEALTH INSURANCE COVERAGEA
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The total of child support and cash
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The Obligor and/or Obligee required
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2claim the minor child(ren).TENTH:
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1The Petitioners request the Court
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4. Check all that apply:The Wife is
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2. Marital Real EstateThe parties o
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The parties shall make arrangements
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3. One or both parties has/have bus
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and Wife shall receive the followin
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theat his/her place of employment.C
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Each party waives all rights of inh
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FIRST: PARENTS’ RIGHTSThe parents
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F. Other orders:G. Public BenefitsF
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N. School Activities Access NoticeP
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FOURTH: CHILD SUPPORTAs required by
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The relative financial resources, o
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for the child(ren) is also required
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in question:B. Other orders regardi
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FIRST: PARENTS’ RIGHTSWe, the par
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with notice to both parents to dete
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policy, contract, or plan to either
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Extended parenting time or extraord
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• Child’s death• Child’s ma
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H. ArrearageAny temporary child sup
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IN THE MATTER OF:IN THE COURT OF CO
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1INSTRUCTIONS TO THE CLERKYou are d
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2. Select one:parent and/or legal c
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2. Select one:(name) is currently d
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2. The person responsible for provi
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