Weissenberger's Ohio Civil Procedure Litigation Manual

A thorough, yet concise, analysis of the Ohio Rules of Civil Procedure.
Publisher: Matthew Bender

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2024 Edition
ISBN: 9781663375360
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ISBN: 9781663375360
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Weissenberger's Ohio Civil Procedure Litigation Manual provides a thorough, yet concise, analysis of the Ohio Rules of Civil Procedure. It is intended to aid the practitioner, judge, and student alike in understanding the operation and application of the Rules in situations that recur throughout the course of litigation. This manual identifies other additional sources on Ohio law, resolves problems frequently engendered by the application of the Rules, and provides practical commentary on each rule, as well as hundreds of illustrations of possible applications. Each chapter in Weissenberger's Ohio Civil Procedure Litigation Manual contains the full text of each Rule in a format that lends itself to easy examination and dissection. This publication also includes lists of additional Ohio authorities and lists of carefully selected leading cases as starting points for additional research. This manual contains a host of other useful features, including a note on judicial rulemaking in Ohio, and a table used to calculate the number of days between two dates, as well as the full text of the Ohio Rules of Appellate Procedure. A quick reference index is located on the inside front cover and a section locator on the back cover will direct the user to the section of the book where the desired information can be found.

The 2023 edition ISBN is 9781663339881.

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Table of contents

TITLE I SCOPE OF RULES - ONE FORM OF ACTION
Chapter

1. Scope of Rules: Applicability; Construction; Exceptions
1.1 Definitions
2. One Form of Action
TITLE II COMMENCEMENT OF ACTION AND VENUE; SERVICE OF PROCESS; SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS SUBSEQUENT TO THE ORIGINAL COMPLAINT; TIME
Chapter

3. Commencement of Action; Venue
4. Process: Summons
4.1 Process: Methods of Service
4.2 Process: Who May Be Served
4.3 Process: Out-of-State Service
4.4 Process: Service by Publication
4.5 Process: Alternative Provisions for Service in a Foreign Country
4.6 Process: Limits; Amendment; Service Refused; Service Unclaimed
5. Service and Filing of Pleadings and Other Papers Subsequent to the Original Complaint
6. Time
TITLE III PLEADINGS AND MOTIONS
Chapter

7. Pleadings and Motions
8. General Rules of Pleading
9. Pleading Special Matters
10. Form of Pleadings
11. Signing of Pleadings, Motions, or Other Documents
12. Defenses and Objections - When and How Presented—By Pleading or Motion - Motion for Judgment on the Pleadings
13. Counterclaim and Cross-Claim
14. Third-Party Practice
15. Amended and Supplemental Pleadings
16. Pretrial Procedure
TITLE IV PARTIES
Chapter

17. Parties Plaintiff and Defendant; Capacity
18. Joinder of Claims and Remedies
19. Joinder of Persons Needed for Just Adjudication
19.1 Compulsory Joinder
20. Permissive Joinder of Parties
21. Misjoinder and Nonjoinder of Parties
22. Interpleader
23. Class Actions
23.1 Derivative Actions by Shareholders
24. Intervention
25. Substitution of Parties
TITLE V DEPOSITIONS AND DISCOVERY
Chapter

26. General Provisions Governing Discovery
27. Perpetuation of Testimony - Depositions Before Action or Pending Appeal
28. Persons Before Whom Depositions May Be Taken
29. Stipulations Regarding Discovery Procedure
30. Depositions upon Oral Examination
31. Depositions of Witnesses upon Written Questions
32. Use of Depositions in Court Proceedings
33. Interrogatories to Parties
34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
35. Physical and Mental Examination of Persons
36. Requests for Admission
37. Failure to Make Discovery, Disclosures, or Participate in Discovery-Related Obligations; Sanctions
TITLE VI TRIALS
Chapter

38. Jury Trial of Right
39. Trial by Jury or by the Court
40. Pre-Recorded Testimony
41. Dismissal of Actions
42. Consolidation; Separate Trials
43. Taking Testimony
44. Proof of Official Record
44.1 Judicial Notice of Certain Law; Determination of Foreign Law
45. Subpoena
46. Exceptions Unnecessary
47. Jurors
48. Juries: Majority Verdict; Stipulation of Number of Jurors
49. Verdicts; Interrogatories
50. Motion for a Directed Verdict, for Judgment, or for Judgment Notwithstanding the Verdict or in Lieu of Verdict
51. Instructions to the Jury; Objection
52. Findings by the Court
53. Magistrates
TITLE VII JUDGMENT
Chapter

54. Judgment; Costs; Attorney Fees
55. Default
56. Summary Judgment
57. Declaratory Judgments
58. Entry of Judgment
59. New Trials and Other Post-Trial Motions
60. Relief from Judgment or Order
61. Harmless Error
62. Stay of Proceedings to Enforce a Judgment
63. Disability of a Judge
TITLE VIII PROVISIONAL AND FINAL REMEDIES
Chapter

64. Seizure of Person or Property
65. Injunctions
65.1 Civil Protection Orders 66. Receivers
67. [Reserved]
68. Offer of Judgment
69. Execution
70. Judgment for Specific Acts; Vesting Title
71. Process in Behalf of and Against Persons Not Parties
72. [Reserved]
TITLE IX SPECIAL PROCEEDINGS
Chapter

73. Probate Division of the Court of Common Pleas
74. Juvenile Proceedings [Abrogated]
75. Divorce, Annulment, and Legal Separation Actions
76. Time for Perfecting Appeal Stayed [Abrogated]
77. [Reserved]
78. [Reserved]
79. [Reserved]
80. [Reserved]
81. References to Ohio Revised Code
TITLE X GENERAL PROVISIONS
Chapter

82. Jurisdiction Unaffected
83. Local Rules of Practice
84. Forms
85. Title
86. Effective Date
APPENDIX
Official Forms - Ohio Rules of Civil Procedure
Ohio Rules of Appellate Procedure
Official Forms - Ohio Rules of Appellate Procedure
Table to Calculate Number of Days
Ohio Court System Diagram
Notes and Jurisdiction of Courts
State Court Websites