Anderson's Ohio Civil Rules Practice with Forms

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Anderson's Ohio Civil Rules Practice with Forms is a desk reference that provides practicing attorneys and judges in Ohio a desk manual to find quick and accurate answers to procedural questions under the Civil Rules. The rules are discussed in an integrated way rather than in isolation in recognition of how an action is handled from commencement to judgment. This publication also includes the Ohio Rules of Civil Procedure and a comprehensive subject index.

Table of Contents

Chapter 1 APPLICABILITY OF THE CIVIL RULES 

1.01 Background-The Civil Rules


1.02 Civil Rules Affect Procedure Only


1.03 Proceedings to Which the Rules Are Applicable


1.04 Proceedings to Which the Rules Are Generally Inapplicable


1.05 Procedure Upon Appeal


1.06 Procedure in Appropriation of Property


1.07 Procedure in Forcible Entry and Detainer Actions


1.08 Procedure in Small Claims Matters


1.09 Procedure in Uniform Reciprocal Support Actions


1.10 Procedure in Commitment of the Mentally Ill


1.11 Procedure in All Other Special Statutory Proceedings


1.12 Effect on Pending Actions


1.13 Civil Rules Will Not Affect Jurisdiction


1.14 Reference to Ohio Revised Code


1.15 Title of Civil Rules

Chapter 2 VENUE


2.01 Civil Rule 3 Determines Venue


2.02 Proper Venue


2.03 Venue in County or Municipal Courts


2.04 Venue Where the Defendant Resides, Has His Principal Place of

Business or Conducts Activity Giving Rise to the Cause of Action


2.05 Venue Against Public Officers


2.06 Venue Where Subject of Action Is Real Property or Tangible Personal
Property


2.07 Venue Where The Action Arises Upon a Watercourse or Road
Bordering on More Than One County


2.08 Venue in Actions Where Out-of-State Service Is Authorized Under Civil
Rule 4.3


2.09 Venue in Actions Against an Executor, Administrator, Guardian or
Trustee


2.10 Venue in Actions for Divorce, Annulment, Legal Separation or
Domestic Violence


2.11 Venue Against Particular Defendants


2.12 Venue for Special Proceedings


2.13 Venue in the County Where Plaintiff Resides or Conducts Business


2.14 Venue in the County Where Defendant Has Property or Debts Owed
Subject to Attachment or Garnishment


2.15 Venue in the County Where Defendant Has an Agent for Service


2.16 Venue in a County Where Defendant Can Be Served


2.17 Venue in Cognovit Judgments


2.18 Method of Asserting Defense of Improper Venue


2.19 Doctrine of Forum Non Conveniens


2.20 Form for Defense of Improper Venue


2.21 Form for Order of Transfer


2.22 Ruling of Court If Defense Properly Asserted


2.23 Waiver of Defense; Default Judgments


2.24 Change of Venue if Unfair


2.25 Venue if No Proper Forum in Ohio


2.26 Venue of Multiple Claims or Defendants


2.27 Necessity of Pleading Venue


2.28 Venue Not Jurisdictional


2.29 Venue; Appeal


2.30 Forum Selection Clauses


2.31 Asbestos Cases

Chapter 3 COMMENCEMENT OF THE ACTION AND SERVICE OF THE SUMMONS


3.01 Simplified and Uniform Means of Service


3.02 Commencement of the Action


3.03 Commencement of a Diversity Action in Federal Court


3.04 Issuance of Summons


3.05 Service by Certified Mail


3.06 Procedure If Service Not Obtained by Certified Mail


3.07 Personal Service


3.08 Residence Service


3.09 Service by Publication


3.10 Out-of-State Service


3.11 Service in a Foreign Country


3.12 Service Upon an Individual


3.13 Service Upon a Person Under Sixteen Years of Age


3.14 Service Upon an Incompetent Person


3.15 Service Upon a Corporation


3.15a Service Upon a Limited Liability Company


3.16 Service Upon a Partnership


3.17 Service Upon an Unincorporated Association


3.18 Service Upon a Professional Association


3.19 Service Upon the State of Ohio


3.20 Service Upon a County


3.21 Service Upon a Township


3.22 Service Upon a Municipal Corporation


3.23 Service Upon Miscellaneous Government Entities


3.24 Territorial Limits of Service


3.25 Amendment of Service


3.26 Waiver of Service


3.27 Unclaimed Certified Mail Service

3.28 Failure of Service


3.29 Refusal of Service


3.30 Service on Defendant in an Automobile Accident Action


3.31 Time Limit for Service of Summons


3.32 Summons: Reviving a Dormant Judgment

Chapter 4 PARTIES


4.01 Liberal Joinder of Parties Philosophy


4.02 Real Party in Interest


4.03 Objection to Lack of Real Party in Interest


4.04 Capacity to Sue or Be Sued


4.05 Capacity of an Infant or Incompetent Person


4.06 Objection to Capacity


4.07 Form for Objection to Capacity


4.08 Permissive Joinder of Plaintiffs


4.09 Permissive Joinder of Defendants


4.10 Objection to Misjoinder of Plaintiffs or Defendants


4.11 Form for Objection of Misjoinder


4.12 Party Whose Name is Unknown


4.13 Joinder of Parties Needed for Just Adjudication


4.14 Joinder of Parties When Partial Assignment or Subrogation


4.15 Pleading Reasons for Nonjoinder


4.16 Objection of Nonjoinder


4.17 Form for Objection of Nonjoinder


4.18 Compulsory Joinder of Parties


4.19 Joinder of Survival and Wrongful Death Action


4.20 Joinder of Claims of Husband and Wife


4.21 Joinder of Claims of Parent and Child


4.22 Joinder of Claims of Employer and Employee


4.23 Pleading Reasons for Nonjoinder of Compulsory Party


4.24 Objection to Nonjoinder of Compulsory Party


4.25 Form for Objection to Nonjoinder of Compulsory Party


4.26 Addition of Parties


4.27 Substitution of Parties


4.28 Substitution of Parties in Event of Death


4.29 Substitution of Parties in Event of Incompetency


4.30 Substitution in the Event of Transfer of Interest


4.31 Substitution of Public Officials


4.32 Form for Suggestion of Death upon the Record


4.33 Interpleader


4.34 Form for Interpleader Action


4.35 Intervention


4.36 Intervention of Right


4.37 Permissive Intervention


4.38 Form for Motion to Intervene


4.39 Class Actions


4.40 Derivative Actions

Chapter 5 COMPLAINTS


5.01 The Philosophy of Pleading Under the Civil Rules


5.02 The Complaint


5.03 Scope of the Claim


5.04 Joinder of Claims and Remedies


5.05 The Demand


5.06 Form of the Complaint


5.07 Verification


5.08 Pleading Capacity


5.09 Pleading, Fraud, Mistake, Condition of the Mind


5.10 Pleading Conditions Precedent


5.11 Pleading an Official Document or Act


5.12 Pleading a Judgment


5.13 Pleading Time and Place


5.14 Pleading Special Damage


5.15 Service of Summons Upon a Complaint


5.16 Jurisdiction of the Subject Matter


5.17 Form of Complaint for Various Actions


5.18 Forms of Complaints Generally

5.19 Complaint on an Account


5.20 Complaint for Battery


5.21 Complaint for Breach of Contract for Sale of Goods


5.22 Complaint for Damages for Fraud


5.23 Complaint for Negligence


5.24 Complaint for Negligence by Husband and Wife


5.25 Complaint on a Promissory Note


5.26 Complaint for Slander


5.27 Complaint for Wrongful Death


Chapter 6 MOTIONS


6.01 Motion Practice Reduced to One Stage


6.02 Motions


6.03 Form of Motion


6.04 Time for Presenting Objections or Defenses by Motion


6.05 Computation of Time


6.06 Extension of Time


6.07 Service of a Motion


6.08 Motion for Definite Statement


6.09 Form for Motion for Definite Statement


6.10 Motion to Strike


6.11 Form for Motion to Strike


6.12 Motion to Strike From the Files


6.13 Form for Motion to Strike From the Files


6.14 Motion to Separately State Claims or Defenses


6.15 Form for Motion to Separately State Claims or Defenses


6.16 Motion to Dismiss for Lack of Jurisdiction Over the Subject Matter


6.17 Motion to Dismiss for Lack of Jurisdiction Over the Person


6.18 Motion to Transfer or Dismiss for Improper Venue


6.19 Motion to Dismiss for Insufficiency of Process or Service of Process


6.20 Motion to Dismiss for Failure to State a Claim


6.21 Motion to Dismiss for Failure to Join a Party Under Civil Rule 19 or
19.1


6.22 Preliminary Hearings for Motions


6.23 Consolidation of Motions


6.24 Form for Motion to Dismiss


6.25 Demurrer Abolished


6.26 Defense When Plaintiff Has No Legal Capacity to Sue


6.27 Defense When There Is Another Action Pending Between the Parties for
the Same Cause


6.28 Defense When There Is a Misjoinder of Parties Plaintiff or Defendant


6.29 Defense When Several Causes of Action Are Improperly Joined


6.30 Defense of Statute of Limitations


6.31 Motion for Judgment on the Pleadings


6.32 Form for Motion for Judgment on the Pleadings


6.33 Motion for Summary Judgment


[1] Philosophy of Summary Judgment


[2] Time for and Service of a Motion for Summary Judgment


[3] Materials Used to Support or Oppose a Motion for Summary Judgment


[a] Materials That May Be Considered


[b] Form of Affidavits


[c] When Affidavits Are Unavailable


[d] Bad Faith Affidavits


[4] Burden of Moving Party


[5] Burden of Opposing Party


[6] The Standard for Granting of Summary Judgments


[7] Applicability of Summary Judgment to Special Proceedings


6.34 Form for Motion for Summary Judgment


6.35 Motion for Continuance


6.36 Form for Motion for Continuance

Chapter 7 ANSWERS AND REPLIES


7.01 Defenses and Objections


7.02 Answers


7.03 Denial Defenses


7.04 Denial When Without Knowledge or Information Sufficient to Form a
Belief


7.05 General Denials


7.06 Effect of Failure to Deny


7.07 Form of Answer


7.08 Alternative, Hypothetical or Inconsistent Defenses


7.09 Time Permitted for Answer


7.10 Service of the Answer


7.11 Proof of Service and Jury Demand


7.12 Denial of Capacity


7.13 Denial of Performance of Conditions Precedent


7.14 Affirmative’ Defenses


7.15 Accord and Satisfaction


7.16 Arbitration and Award


7.17 Assumption of Risk


7.18 Contributory Negligence


7.19 Comparative Negligence


7.20 Form for Interrogatories to Jury for Comparative Negligence (one
defendant)


7.21 Form for Interrogatories to Jury for Comparative Negligence (multiple
defendants)


7.22 Discharge in Bankruptcy


7.23 Duress


7.24 Estoppel


7.25 Failure of Consideration


7.26 Want of Consideration for a Negotiable Instrument


7.27 Fraud


7.28 Illegality


7.29 Injury by Fellow Servant


7.30 Laches


7.31 License


7.32 Payment


7.33 Release


7.34 Res Judicata


7.35 Statute of Frauds


7.36 Statute of Limitations


7.37 Waiver


7.38 Other Affirmative Defenses


7.39 Waiver of Defenses


7.40 Amendment of Answers


7.41 Preliminary Hearings


7.42 Form for Answer


7.43 Replies


7.44 Jury Demand Endorsed on Reply


7.45 Form for Reply

Chapter 8 COUNTERCLAIMS, CROSS-CLAIMS, AND THIRD-PARTY PRACTICE


8.01 Assertion of Claims


8.02 Counterclaims


8.03 Parties Against Whom a Counterclaim May Be Asserted


8.04 Compulsory Counterclaims


8.05 Permissive Counterclaims


8.06 Counterclaims Against the State of Ohio


8.07 Counterclaim Maturing or Acquired After Pleading


8.08 Omitted Counterclaims


8.09 Joinder of Additional Parties


8.10 Service of Counterclaims


8.11 Jurisdiction Over a Party to a Counterclaim


8.12 Separate Trials or Judgments


8.13 Statute of Limitations for a Counterclaim


8.14 Jury Trial for a Counterclaim


8.15 Reply to a Counterclaim


8.16 Form for a Counterclaim


8.17 Cross-claims


8.18 Service of a Cross-claim


8.19 Time for Asserting a Cross-claim


8.20 Answer to a Cross-claim


8.21 Form for a Cross-claim


8.22 Third-Party Practice


8.23 Time for Assertion of a Third-Party Claim


8.24 Service of a Third-Party Complaint


8.25 Form for a Third-Party Complaint


8.26 Motion to Strike, Sever, or Separate for Trial


8.27 Response by the Third-Party Defendant


8.28 Form for a Third-Party Answer




9.01 Procedural Context-Amending a Pleading


9.02 Amendments


9.03 Amendments as a Matter of Course


9.04 Amendments With Leave of Court


9.05 Relation Back of Amendments


9.06 Amendment of Parties


9.07 Timeliness of Amendment


9.08 Service of Amended Pleadings


9.09 Procedure for Amendment


9.10 Response to Amended Pleadings


9.11 Amendment of Complaint


9.12 Amendment of Motion


9.13 Amendment of Answer


9.14 Amendment to Conform to Evidence


9.15 Amendment After Judgment on the Pleadings


9.16 Amendment After Summary Judgment Motion


9.17 Amendment After Final Judgment


9.18 Amendment When Name of Party Unknown


9.19 Form for Motion for Leave to Amend


9.20 Supplemental Pleadings


9.21 Form for Supplemental Pleading

Chapter 10 DISCOVERY


10.01 Discovery Used to Clarify and Narrow the Issues


10.02 Policy of Discovery


10.03 Methods of Discovery


10.04 Matter Subject to Discovery


10.05 Matter Not Subject to Discovery


10.06 Privileged Matter


10.07 Insurance Agreements


10.08 Trial Preparation Materials


10.09 Experts Expected to Testify


10.10 Experts Not Expected to Testify


10.11 Sequence, Timing, and Frequency of Discovery


10.12 Supplementation of Responses


10.13 Protective Orders


10.14 Form for Motion for a Protective Order


10.15 Oral Depositions


10.16 Scope of Deposition


10.17 Deposition of Parties


10.18 Form for Notice to Take Deposition


10.19 Deposition of Witnesses


10.20 Deposition of Corporations, Partnerships, and Associations


10.21 Form for Notice of Deposition of a Corporation


10.22 Compelling Production of Documents


10.23 Procedure for Taking Depositions


10.24 Procedure to Compel Answer or Appearance


10.25 Motion to Limit or Terminate Deposition


10.26 Form for Motion to Limit or Terminate Deposition


10.27 Persons Before Whom Depositions May Be Taken


10.28 Stipulations Concerning Depositions


10.29 Submission to Witness for Approval and Signature


10.30 Certification and Filing of a Deposition


10.31 Notice of Filing of a Deposition


10.32 Form for Notice of Filing


10.33 Failure to Attend or to Compel a Witness to Attend a Deposition


10.34 Use of Depositions


10.35 Effect of Taking or Using Depositions


10.36 Objections to Admissibility Which Must Ordinarily Be Made Before
Trial


10.37 Objections to Admissibility Which May Be Made at the Trial


10.38 Videotape Depositions


10.39 Depositions of Witnesses Upon Written Questions


10.40 Interrogatories to Parties


10.41 Scope of Interrogatories


10.42 Service of Interrogatories


10.43 Answers or Objections to Interrogatories


10.44 Form for Interrogatories


10.45 Form for Answers and Objections to Interrogatories


10.46 Production of Documents and Things for Inspection, Copying, and
Testing


10.47 Entry Upon Land for Inspection and Other Purposes


10.48 Scope of Discovery for Production of Documents and Entry Upon Land


10.49 Procedure for Production of Documents or Entry Upon Land


10.50 Form for Request to Inspect and Copy Documents


10.51 Form for Response to Request


10.52 Physical and Mental Examinations


10.53 Scope of Physical and Mental Examinations


10.54 Examiner’s Report


10.55 Form for Motion for Physical and Mental Examination


10.56 Requests for Admissions


10.57 Procedure for Request for Admissions


10.58 Procedure for Response to Request


10.59 Effect of Admission


10.60 Form for Request for Admissions


10.61 Perpetuation of Testimony


10.62 Motion for Order Compelling Discovery


10.63 Form for Motion for Order Compelling Discovery


10.64 Sanctions for Failure to Make Discovery


10.65 Form for Motion for Sanctions for Failure to Make Discovery


10.66 Discovery Prior to Filing of Action


10.67 E-Discovery

Chapter 11 PRETRIAL


11.01 Pretrial Procedure-Generally


11.02 Purpose of Pretrial Procedure


11.03 Time for Utilizing Pretrial Procedure Not Specified


11.04 Attendance of Attorneys and Parties


11.05 Procedure at Pretrial


11.06 Settlement Discussions


11.07 Simplification of the Issues


11.08 Itemization of Expenses and Special Damages


11.09 Amendments to the Pleadings


11.10 Exchange of Reports of Expert Witnesses


11.11 Limitation of the Number of Expert Witnesses


11.12 Imposition of Sanctions As Authorized by Civil Rule 37


11.13 Admissions of Fact and Admission into Evidence of Exhibits


11.14 Other Matters to Be Considered


11.15 Pretrial Orders

Chapter 12 TRIAL


12.01 Procedural Context-Trials


12.02 Consolidation of Actions for Trial


12.03 Form for Motion to Consolidate Actions


12.04 Separate Trials


12.05 Subpoena of Witnesses


12.06 Trial by Jury


12.07 Demand for Jury Trial


12.08 Time for Jury Demand


12.09 Form for Demand for Jury Trial


12.10 Waiver of Jury Trial


12.11 Trial by Jury by Consent


12.12 Motion in Limine


12.13 Form for Motion in Limine


12.14 Jury Selection


12.15 Alternate Jurors


12.16 Challenges for Cause


12.17 Peremptory Challenges


12.18 Instructions to the Jury


12.19 Cautionary Instructions


12.20 Objection to the Instructions


12.21 Jury Verdicts


12.22 General Verdict Accompanied By Answers to Interrogatories


12.23 Motion for a Directed Verdict


12.24 Videotape Trials


12.25 Trial by the Court


12.26 Findings by the Court


12.27 Exceptions Unnecessary


12.28 Proof of Official Record


12.29 Judicial Notice of Certain Law


12.30 Interest Upon Judgment Based Upon Tortious Conduct


12.31 Form for Motion for Additional Interest Upon Judgment Based Upon
Tortious Conduct


12.32 Magistrates


[1] History and Purpose of Rule 53

[2] Appointment, Compensation, and Authority


[3] Procedure


[4] Magistrate’s Order


[5] Magistrate's Decision


[6] Objections to a Magistrate's Decision


[7] Acting on Magistrate's Decision


[8] Extension of Time


[9] Disqualification of a Magistrate

Chapter 13 DISMISSALS, JUDGMENTS AND POST-TRIAL MOTIONS


13.01 Procedural Context-Dismissals, Judgments and Post-Trial Motions


13.02 Dismissal of Actions


13.03 Voluntary Dismissal by Plaintiff


13.04 Form for Notice of Voluntary Dismissal


13.05 Voluntary Dismissal by Stipulation


13.06 Voluntary Dismissal by Order of Court


13.07 Involuntary Dismissal For Failure to Prosecute


13.08 Dismissal for Failure to Effect Service of Summons


13.09 Involuntary Dismissal in Non-Jury Actions


13.10 Offer of Judgment


13.11 Disability of a Judge


13.12 Judgments


13.13 Form for a Judgment


13.14 Default Judgment


13.15 Setting Aside a Default Judgment


13.16 Declaratory Judgment


13.17 Judgment Upon Multiple Claims or Involving Multiple Parties


13.18 Entry of Judgment


13.19 Costs


13.20 Motion to Recover Attorney Fees As Costs of the Action


13.21 Form for Motion for Attorney Fees As Costs of the Action


13.22 Harmless Error


13.23 New Trial


13.24 Grounds for New Trial


13.25 Motion for New Trial


13.26 Form for Motion for New Trial


13.27 New Trial on Initiative of Court


13.28 Motion for Judgment Notwithstanding the Verdict


13.29 Form for Motion for Remittitur


13.30 Form for Motion for Additur


13.31 Motion for Reconsideration


13.32 Nunc Pro Tunc Orders


13.33 Stay of Proceedings to Enforce a Judgment


13.34 Correction of Clerical Mistakes in a Judgment


13.35 Motion for Relief From a Final Judgment


[1] Provisions For Relief


[2] Procedure


[3] Time


[4] Grounds


[a] Requirements For Prevailing On a Motion for Relief


[b] Mistake, Inadvertence, Surprise, or Excusable Neglect


[c] Newly Discovered Evidence


[d] Fraud, Misrepresentation or Other Misconduct


[e] The Judgment Should Have No Further Application

[f] Any Other Reason


[5] Hearing


[6] Relief Which May Be Granted


[7] Appeal


13.36 Form for Motion for Relief From a Final Judgment

Chapter 14 PROVISIONAL AND FINAL REMEDIES AND PROCEDURE IN
SPECIAL COURTS



14.01 Provisions For Remedies Are Adopted in the Civil Rules by Reference


14.02 Seizure of Person or Property


14.03 Receivers


14.04 Execution


14.05 Judgment for Specific Act


14.06 Judgment Vesting Title


14.07 Process in Behalf of and Against Persons Not Parties


14.08 Injunctions


14.09 Temporary Restraining Orders


14.10 Preliminary Injunctions


14.11 Security for Temporary Restraining Orders or Preliminary Injunctions


14.12 Form and Scope of Restraining Order or Injunction


14.13 Service of Temporary Restraining Orders and Injunctions


14.14 Proceedings in Probate Court


[1] Applicability

[2] Venue


[3] Service of Summons


[4] Service and Filing of Pleadings and Papers Subsequent to the Original
Pleading


[5] Service of Notice


[6] Proof of Service of Notice


[7] Administration of an Estate


[8] Adversary Actions in Probate Court


[9] Forms Used in Probate Practice


14.15 Proceedings in Juvenile Court


14.16 Divorce, Annulment, and Legal Separation Actions


[1] Applicability


[2] Venue


[3] Service of Process and Papers


[4] Pleadings and Motions


[5] Joinder of Parties


[6] Discovery


[7] Trial or Hearing


[8] Temporary Restraining Order


[9] Spousal Support, Child Support and Custody Pendente Lite


[10] Judgments


[11] Modification of Parental Rights and Responsibilities


[12] Continuing Jurisdiction


14.17 Procedure in the Court of Claims


Appendix A Forms Cross-Reference Table


Appendix B Ohio Rules of Civil Procedure


Appendix C Time Table Under the Civil Rules


Appendix D Selected Rules of Superintendence for the Courts of Ohio


Appendix E Court of Claims Rules


INDEX