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

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