Ohio Forms of Pleading and Practice, Civil Volumes 1-10

Recognized as the most essential work in Ohio. Contains every form needed for all aspects of pleading and practice, with total coverage on Probate Practice and the Ohio Rules of Juvenile Procedure, with annotations to case law and the complete text of the applicable Ohio Rules of Court.
Print Book :10 Volumes; Looseleaf; updated with page revisions.
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ISBN: 9780820524979
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Product description

Recognized as the most essential work in Ohio. Contains every form needed for all aspects of pleading and practice, with total coverage on Probate Practice and the Ohio Rules of Juvenile Procedure, with annotations to case law and the complete text of the applicable Ohio Rules of Court.

•  Every form follows the governing rules or statutes in sequence and includes annotations that refer you to relevant rules, statutes, cases and other related forms
•  Full text of each rule with a comparison to each rule's federal counterpart, and comparisons to prior Code practice where applicable

First published in 1970.

Ohio Forms of Pleading and Practice is available in all the following configurations:

Full set (18 volumes)
Full set (CD-ROM)
Civil Volumes (1-10)
Probate Volumes (11-14)
Criminal Volumes (15-18)

 

Table of contents


Publication Table of Contents

OHIO FORMS OF PLEADING AND
PRACTICE

VOLUME 1

CIVIL PROCEDURE

Introduction

Appendix - Repeal of Revised Code Sections

Commencement of Action Checklist

Rule 1 Scope of Rules: Applicability; Construction; Exceptions

Rule 2 One Form of Action

Rule 3 Commencement of Action and Venue

Rule 4 Process: Summons

Rule 4.1 Process: Methods of Service

Rule 4.2 Process: Who May Be Served

Rule 4.3 Process: Out- of- State Service

Rule 4.4 Process: Service by Publication

Rule 4.5 Process: Alternative Provisions for Service in a Foreign Country

Rule 4.6 Process: Limits; Amendment; Service Unclaimed

Rule 5 Service and Filing of Pleadings and Other Papers Subsequent to the
Original Complaint

Rule 6 Time

Rule 7 Pleadings and Motions

Rule 8 General Rules of Pleading

Rule 8(A) Complaints

Accounts (See also Partnerships)

Accounting

Agency

Annulment (See Civil Rule 75)

Arbitration

Assault and Battery

Attorneys

Bailments

Banks (See Uniform Commercial Code)

Bills and Notes (See Uniform Commercial Code)

Bonds (See also Uniform Commercial Code)

Brokers (See also Real Property Actions)

Bulk Sales (See Uniform Commercial Code)

Business Interference

Business Organizations (See Corporations; Partnerships and Joint Enterprises; Civil Rule
23.1, "Derivative Actions")

Cancellation; Rescission

Carrier Liability

Chattel Mortgages (See Uniform Commercial Code)

Civil Rights

Class Actions (See Civil Rule 23)

Conditional Sales (See Uniform Commercial Code)

Conspiracy (See appropriate principal actions)

Constitutionality of Statutes, Rules and Ordinances (See Injunctions; Declaratory Judgments)

VOLUME 2

CIVIL PROCEDURE

Rule 8(A) Complaints

Contracts

Contribution

Conversion (See Personal Property Actions)

Corporations (See also Civil Rule 23.1, "Derivative Actions")

Creditors'Bills

Dangerous Activities (See Negligence; Nuisances; Real Property Actions)

Deceit (See Cancellation; Rescission; Fraud and Deceit)

Declaratory Judgments (See also under other appropriate principal actions)

Defamation

Derivation Actions (See Corporations; see also Civil Rule 23.1)

Determination of Heirship

Easements (See Real Property Actions)

Ejectment (See Real Property Actions)

Elections

Encroachments (See Real Property Actions)

Factors (See Agency and Uniform Commercial Code)

False Imprisonment, Malicious Prosecution, and Abuse of Process

FELA Actions

Forcible Entry and Detainer (See Real Property Actions)

Fraud and Deceit (See also Business Interference; Cancellation; Rescission, and Injunctions)

Guaranty and Suretyship (See Uniform Commercial Code)

Habeas Corpus

Husband and Wife (See Civil Rule 75)

Impleader (See Civil Rule 14, Third-Party Practice)

Indemnity

Injunctions (See also other appropriate principal actions)

Insurance

Interpleader (See Civil Rule 22)

Intervention (See Civil Rule 24)

Judgments (For Vacation of Judgments, see Civil Rule 60)

Land Contracts (See Real Property Actions)

Liens (See Real Property Actions; Uniform Commercial Code)

Malicious Prosecution (See False Imprisonment, Malicious Prosecution, and Abuse of
Process)

Malpractice (See Negligence)

Mandamus

Marital Actions (See Rule 75)

Marshalling Liens (See Real Property Actions; Uniform Commercial Code)

Minors (See appropriate principal actions)

Misrepresentation (See Cancellation; Rescission; Fraud and Deceit)

Mistake (See Cancellation; Rescission; Fraud and Deceit)

Money Actions (See also Accounts)

Mortgages (See Real Property Actions; Uniform Commercial Code)

Motor Vehicles (See Negligence; Products Liability)

Negligence (See also Carrier Liability; FELA Actions; Nuisances; Products Liability; and
Wrongful Death)

VOLUME 3

CIVIL PROCEDURE

Rule 8(A) Complaints

Negotiable Instruments (See Uniform Commercial Code)

Nuisances

Partition (See Real Property Actions)

Partnership and Joint Enterprise

Personal Property Actions (See also Bailments; Uniform Commercial Code)

Products Liability (See also Negligence; Uniform Commercial Code; Wrongful Death)

Quieting Title (See Real Property Actions)

Real Estate Brokers (See Brokers; Real Property Actions)

Real Property Actions (See also Injunctions)

Receivership (See appropriate principal actions; Civil Rule 66)

Reformation

Releases (See Negligence; Reformation)

Replevin (See Personal Property Actions)

Representative and Taxpayer Actions (See Declaratory Judgments; Injunctions; Civil Rule 23,
Class Actions)

Rescission (See Cancellation; Rescission)

Sale of Goods (See Products Liability; Uniform Commercial Code)

Sale of Land (See Real Property Actions)

Specific Performance (See Contracts; Personal Property Actions; Real Property Actions)

Statute of Frauds (See Real Property Actions; Uniform Commercial Code)

Subrogation

Taxpayer's Actions (See Civil Rule 23, Class Actions)

Third-Party Complaints (See Civil Rule 14)

Trusts and Wills

Uniform Commercial Code (See also Products Liability)

Vacation of Judgments (See Civil Rule 60)

Vendor and Purchaser (See Products Liability; Real Property Actions; Uniform Commercial
Code)

Warehousemen (See Uniform Commercial Code)

Wills (See Trusts and Wills)

Workers' Compensation

Wrongful Death

Rule 8(B) Defenses: Form of Denials

Rule 8(C) Affirmative Defenses

Reply to Counterclaim

Rule 8(D) General Rules of Pleading: Effect of Failure to Deny

Rule 8(E) Pleading to Be Concise and Direct; Consistency

Rule 8(F) General Rules of Pleading: Construction of Pleadings

Rule 8(G) General Rules of Pleading: Pleadings Shall Not Be Read or Submitted

Rule 8(H) Disclosure of Minority or Incompetency

Rule 9 Pleading Special Matters

Rule 10 Form of Pleadings

Rule 11 Signing of Pleadings, Motions, or Other Papers

Rule 12 Defenses and Objections-When and How Presented-By Pleading or Motion-
Motion for Judgment on the Pleading

VOLUME 4

CIVIL PROCEDURE

Rule 13 Counterclaim and Cross&45;Claim

Rule 14 Third&45;Party Practice

Rule 15 Amended and Supplemental Pleadings

Rule 16 Pretrial Procedure

Rule 17 Parties Plaintiff and Defendant; Capacity

Rule 18 Joinder of Claims and Remedies

Rule 19 Joinder of Persons Needed for Just Adjudication

Rule 19.1 Compulsory Joinder

Rule 20 Permissive Joinder of Parties

Rule 21 Misjoinder and Nonjoinder of Parties

Rule 22 Interpleader

Rule 23 Class Actions

Rule 23.1 Derivative Action by Shareholders

Rule 24 Intervention

Rule 25 Substitution of Parties

Rule 26 General Provisions Governing Discovery

Rule 27 Perpetuation of Testimony-Depositions Before Action or Pending Appeal

Rule 28 Persons Before Whom Depositions May Be Taken

Rule 29 Stipulations Regarding Discovery Procedure

Rule 30 Depositions Upon Oral Examination

Rule 31 Depositions of Witnesses Upon Written Questions

Rule 32 Use of Deposition in Court Proceedings

VOLUME 5

CIVIL PROCEDURE

Rule 33 Interrogatories to Parties

Rule 34 Production of Documents and Things for Inspection, Copying, Testing and
Entry Upon Land for Inspection and Other Purposes

Rule 35 Physical and Mental Examination of Persons

Rule 36 Request for Admission

Rule 37 Failure to Make Discovery: Sanctions

Rule 38 Jury Trial of Right

Rule 39 Trial by Jury or by the Court

Rule 40 Pre-Recorded Testimony

Rule 41 Dismissal of Actions

Rule 42 Consolidation; Separate Trials

Rule 43 [Reserved]

Rule 44 Proof of Official Record

Rule 44.1 Judicial Notice of Certain Law; Determination of Foreign Law

Rule 45 Subpoena

Rule 46 Exceptions Unnecessary

Rule 47 Jurors

Rule 48 Juries: Majority Verdict; Stipulation of Number of Jurors

Rule 49 Verdicts; Interrogatories

VOLUME 6

CIVIL PROCEDURE

Rule 50 Motion for a Directed Verdict and for Judgment Notwithstanding the
Verdict

Rule 51 Instructions to the Jury; Objections

Rule 52 Findings by the Court

Rule 53 Magistrates

Rule 54 Judgment; Costs

Rule 55 Default

Rule 56 Summary Judgment

Rule 57 Declaratory Judgments

Rule 58 Entry of Judgment

Rule 59 New Trials

Rule 60 Relief From Judgment or Order

Rule 61 Harmless Error

Rule 62 Stay of Proceedings to Enforce a Judgment

Rule 63 Disability of a Judge

Rule 64 Seizure of Person or Property

Rule 65 Injunctions

VOLUME 7

CIVIL PROCEDURE

Rule 66 Receivers

Rule 67 [Reserved]

Rule 68 Offer of Judgment

Rule 69 Execution

Rule 70 Judgment for Specific Acts; Vesting Title

Rule 71 Process in Behalf of and Against Persons Not Parties

Rule 72 [Reserved]

Rule 73 Probate Division of the Court of Common Pleas

Rule 74 [Reserved]

Rule 75 Divorce, Annulment and Legal Separation Actions

Rule 76-80 [Reserved]

Rule 81 References to Ohio Revised Code

Rule 82 Jurisdiction Unaffected

Rule 83 Rules of Court

Rule 84 Forms

Rule 85 Title

Rule 86 Effective Date

Appendix of Official Forms

RULES OF EVIDENCE:

Article I General Provisions

Article II Judicial Notice

Article III Presumptions

Article IV Relevancy and Its Limits

Article V Privileges

Article VI Witnesses

Article VII Opinions and Expert Testimony

Article VIII Hearsay

Article IX Authentication and Identification

Article X Contents of Writings, Recordings and Photographs

Article XI Miscellaneous Rules

RULES OF THE COURT OF CLAIMS:

Rule 1 Scope; Applicability; Citation

Rule 2 Clerk's Fees

Rule 3 [Reserved]

Rule 4 Procedure for Removal and Remand

Rule 5 Selection of Jurors

Rule 6 Administrative Determination of Claims by the Clerk; Duties of Claimant,
Defendant and Clerk

Rule 7 Settlement of Claims Filed in the Court of Claims

Rule 8 Enforcement of Money Judgments

Rule 9 Effective Date

LOCAL RULES OF THE COURT OF CLAIMS:

Rule 1 Scope; Applicability; Citation

Rule 2 Address; Court Hours

Rule 3 Fees; Costs

Rule 4 Pleadings and Motions

Rule 4.1 Immunity Determinations

Rule 4.2 Discovery Materials

Rule 5 Motion Submitted to Chief Justice of the Supreme Court

Rule 6 Right to Jury

Rule 7 Pretrial Conference and Procedure

Rule 8 Findings of Fact and Conclusions of Law; Judgments

Rule 9 Duty Judge

Rule 10 Records of the Clerk

Rule 11 Recording of Proceedings; Disposition of Exhibits and Materials;
Videotaped Testimony and Evidence

Rule 12 Trial Scheduling

Rule 13 Court Files and Papers

Rule 14 Trial Procedures

Rule 15 Review of Caseload

Rule 16 Assignments of Awards of Reparation

Rule 17 Attorneys Not Admitted to the Practice of Law in Ohio

Rule 18 Conditions for Broadcasting and Photographing Court of Claims
Proceedings

Rule 19 [Reserved]

Rule 20 Security Plan

Rule 21-24 [Reserved]

Rule 25 Effective Date

VOLUME 8

APPELLATE PROCEDURE

Time Schedule-Appellate Rules

Rule 1 Scope of Rules

Rule 2 Law and Fact Appeals Abolished

Rule 3 Appeal as of Right-How Taken

Rule 4 Appeal as of Right-When Taken

Rule 5 Appeals by Leave of Court in Criminal Cases

Rule 6 [Reserved]

Rule 7 Stay or Injunction Pending Appeal-Civil and Juvenile Actions

Rule 8 Bail and Suspension of Execution of Sentence in Criminal Cases

Rule 9 The Record on Appeal

Rule 10 Transmission of the Record

Rule 11 Docketing the Appeal; Filing of the Record

Rule 11.1 Accelerated Calendar

Rule 12 Determination and Judgment on Appeal

Rule 13 Filing and Service

Rule 14 Computation and Extension of Time

Rule 15 Motions

Rule 16 Briefs

Rule 17 Brief of an Amicus Curiae

Rule 18 Filing and Service of Briefs

Rule 19 Form of Briefs and Other Papers

Rule 20 Prehearing Conference

Rule 21 Oral Argument

Rule 22 Entry of Judgment

Rule 23 Damages for Delay

Rule 24 Costs

Rule 25 Motion to Certify a Conflict

Rule 26 Application for Reconsideration

Rule 27 Execution, Mandate

Rule 28 Voluntary Dismissal

Rule 29 Substitution of Parties

Rule 30 Duties of Clerks

Rule 31 Rules of Courts of Appeals

Rule 32 Title

Rule 33 Effective Date

Appendix of Forms

RULES OF PRACTICE OF THE SUPREME COURT:

Time Schedule for Supreme Court Rules

Section I Requirements for Attorneys Practicing Before the Supreme Court

Section II Institution of Appeals; Notice of Appeal

Section III Determination of Jurisdiction on Claimed Appeals of Right and
Discretionary Appeals

Section IV Certification by Court of Appeals Because of Conflict

Section V Transmittal of Record on Appeal

Section VI Briefs on the Merits in Appeals

Section VII Supplement to the Briefs

Section VIII Requirements as to Form and Number of Documents Filed

Section IX Oral Argument

Section X Original Actions

Section XI Motion for Reconsideration; Issuance of Mandate

Section XII Disposition of Appeal Improvidently Allowed

Section XIII Return of Record

Section XIV General Provisions

Section XV Docket Fees and Security Deposits

Section XVI Preservation of Records and Files

Section XVII Conditions for Broadcasting and Photographing Supreme Court
Proceedings

Section XVIII Certification of Questions of State Law From Federal Courts

Section XIX [Reserved]

Section XX [Reserved]

Section XXI Title

Section XXII Effective Date

VOLUME 9

SPECIAL PROCEEDINGS

Chapter 1 Applicability of the Ohio Civil Rules to Special Proceedings

Chapter 2 Original Actions in the Supreme Court of Ohio

Chapter 3 Original Actions in the Courts of Appeals of Ohio

Chapter 4 Actions in Mandamus and Habeas Corpus in the Court of Common Pleas

Chapter 5 Actions in Quo Warranto

Chapter 6 Actions in Mandamus

Chapter 7 Actions in Habeas Corpus

Chapter 8 Actions in Procedendo

Chapter 9 Actions in Prohibition

Chapter 10 Appropriation of Property

Chapter 11 Tax Lien Foreclosure

VOLUME 10

ATTORNEY AND JUDICIAL CONDUCT

SUPREME COURT RULES FOR THE GOVERNMENT OF THE BAR:

Rule I Admission to the Practice of Law

Rule II Limited Practice of Law by Legal Intern

Rule III Legal Professional Associations Authorized to Practice Law

Rule IV Professional Responsibility

Rule V Disciplinary Procedure

Rule VI Registration of Attorneys

Rule VII Unauthorized Practice of Law

Rule VIII Clients##39; Security Fund

Rule IX Temporary Certification for Practice in Legal Services, Public Defender,
and Law School Programs

Rule X Attorney Continuing Legal Education

Rule XI Limited Practice of Law by Foreign Legal Consultants

Rule XII Rules Advisory Committee

Rule XIII Funds for Dispute Resolution Programs

Rule XIV Certification of Attorneys as Specialists

Rule XV Supreme Court Commission on Professionalism

Rule XVI Lawyer Referral and Information Services; Legal Services Plans

Rule XVII-XIX [Reserved]

Rule XX Title and Effective Dates

Appendix I

Appendix II

Appendix III

SUPREME COURT RULES FOR THE GOVERNMENT OF THE JUDICIARY:

Rule I Professional Responsibility and Judicial Ethics

Rule II Disciplinary Procedure

Rule III Retirement, Removal or Suspension of Judges

Rule IV Mandatory Continuing Legal Education for the Judiciary

Rule V The Ohio Judicial College

Rule VI References of Civil Action Pursuant to R.C. 2701.10

Rule VII-XIX [Reserved]

Rule XX Title

OHIO RULES OF PROFESSIONAL CONDUCT:

Rule I Client-Lawyer Relationship

Rule II Counselor

Rule III Advocate

Rule IV Transactions with Persons Other Than Clients

Rule V Law Firms and Associations

Rule VI Public Service

Rule VII Information About Legal Services

Rule VIII Maintaining the Integrity of the Profession

CODE OF PROFESSIONAL RESPONSIBILITY:

Rule I Client-Lawyer Relationship

Rule II Counselor

Rule III Advocate

Rule IV Transactions with Persons Other Than Clients

Rule V Law Firms and Associations

Rule VI Public Service

Rule VII Information About Legal Services

Rule VIII Maintaining the Integrity of the Profession

CODE OF JUDICAL CONDUCT:

Canon 1 A judge shall uphold the integrity and independence of the judiciary

Canon 2 A judge shall respect and comply with the law and shall act at all times in a
manner that promotes public confidence in the integrity and impartiality of the
judiciary

Canon 3 A judge shall perform the duties of judicial office impartially and diligently

Canon 4 A judge shall avoid impropriety and the appearance of impropriety in all of the
judge's activities

Canon 5 [Reserved]

Canon 6 [Reserved]

Canon 7 Judges and judicial candidates should refrain from political activity
inappropriate to judicial office

TABLES AND INDICES:

Civil Rules Table of Cases

Civil Rules Table of Statutes

Civil Rules Index

Appellate Procedure Table of Cases

Appellate Procedure Table of Statutes

Appellate Procedure Index

Special Proceedings Table of Cases

Special Proceedings Table of Statutes

Special Proceedings Index