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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


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

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

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


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


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

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


7.01 Defenses and Objections

7.02 Answers

7.03 Denial Defenses

7.04 Denial When Without Knowledge or Information Sufficient to Form a

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

7.21 Form for Interrogatories to Jury for Comparative Negligence (multiple

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


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

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

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


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


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

[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