Ohio Rules of Civil Procedure - Supreme Court of Ohio

OHIO RULES OF CIVIL PROCEDURE

Title I SCOPE OF RULES-ONE FORM OF ACTION

Rule

1

1.1

2

Scope of rules: applicability; construction; exceptions

Definitions

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

3

4

4.1

4.2

4.3

4.4

4.5

4.6

4.7

5

6

Commencement of action; venue

Process: summons

Process: methods of service

Process: who may be served

Process: out-of-state service

Process: service by publication

Process: alternative provisions for service in a foreign country

Process: limits; amendments; service refused; service unclaimed

Process: waiving service

Service and filing of pleadings and other papers subsequent to the original complaint

Time

Title III PLEADINGS AND MOTIONS

7

8

9

10

11

12

13

14

15

16

Pleadings and motions

General rules of pleading

Pleading special matters

Form of pleadings

Signing of pleadings, motions, or other documents

Defenses and objections-when and how presented-by pleadings or motion-motion for

judgment on the pleadings

Counterclaim and cross-claim

Third-party practice

Amended and supplemental pleadings

Pretrial procedure

Title IV PARTIES

17

18

19

19.1

20

Parties plaintiff and defendant; capacity

Joinder of claims and remedies

Joinder of persons needed for just adjudication

Compulsory joinder

Permissive joinder of parties

Rule

21

22

23

23.1

24

25

Misjoinder and nonjoinder of parties

Interpleader

Class actions

Derivative actions by shareholders

Intervention

Substitution of parties

Title V DISCOVERY

26

27

28

29

30

31

32

33

34

35

36

37

General provisions governing discovery

Perpetuation of testimony-depositions before action or pending appeal

Persons before whom depositions may be taken

Stipulations regarding discovery procedure

Depositions upon oral examination

Depositions of witnesses upon written questions

Use of depositions in court proceedings

Interrogatories to parties

Producing documents, electronically stored information, and tangible things, or entering

onto land, for inspection and other purposes

Physical and mental examination of person

Requests for admission

Failure to make discovery, disclosures, or participate in discover-related obligations;

sanctions

Title VI TRIALS

38

39

40

41

42

43

44

44.1

45

46

47

48

49

50

51

52

53

Jury trial of right

Trial by jury or by the court

Pre-recorded testimony

Dismissal of actions

Consolidation; separate trials

Taking Testimony

Proof of official record

Judicial notice of certain law; determination of foreign law

Subpoena

Exceptions unnecessary

Jurors

Juries: majority verdict; stipulation of number of jurors

Verdicts; interrogatories

Motion for a directed verdict and for judgment not-withstanding the verdict

Instructions to the jury; objection

Findings by the court

Magistrates

Title VII JUDGMENT

Rule

54

55

56

57

58

59

60

61

62

63

Judgments; costs

Default

Summary judgment

Declaratory judgments

Entry of judgment

New trials

Relief from judgment or order

Harmless error

Stay of proceedings to enforce a judgment

Disability of a judge

Title VIII PROVISIONAL AND FINAL REMEDIES

64

65

65.1

66

67

68

69

70

71

72

Seizure of person or property

Injunctions

Civil Protection Orders

Receivers

[Reserved]

Offer of judgment

Execution

Judgment for specific acts; vesting title

Process in behalf of and against persons not parties

[Reserved]

Title IX PROBATE, JUVENILE, AND DOMESTIC RELATIONS

PROCEEDINGS

73

74

75

76

77

78

79

80

81

Probate division of the court of common pleas

[Reserved]

Divorce, annulment, and legal separation actions

[Reserved]

[Reserved]

[Reserved]

[Reserved]

[Reserved]

References to Ohio Revised Code

Title X GENERAL PROVISIONS

82

83

84

85

Jurisdiction unaffected

Local rules of practice

Forms

Title

Rule

86

Effective date

APPENDIX OF FORMS

Forms 1-20

Forms 1-28

General Civil Forms

Domestic Relations Forms

TITLE I.

RULE 1.

(A)

SCOPE OF RULES¡ªONE FORM OF ACTION.

Scope of Rules: Applicability; Construction; Exceptions.

Applicability

These rules prescribe the procedure to be followed in all courts of this state in the exercise

of civil jurisdiction at law or in equity, with the exceptions stated in division (C) of this

rule.

(B)

Construction

These rules shall be construed and applied to effect just results by eliminating delay,

unnecessary expense and all other impediments to the expeditious administration of justice.

(C)

Exceptions

These rules, to the extent that they would by their nature be clearly inapplicable, shall not

apply to procedure (1) upon appeal to review any judgment, order or ruling, (2) in the

appropriation of property, (3) in forcible entry and detainer, (4) in small claims matters

under Chapter 1925 of the Revised Code, (5) in uniform reciprocal support actions, (6) in

the commitment of the mentally ill, (7) in adoption proceedings under Chapter 3107 of the

Revised Code, (8) in all other special statutory proceedings; provided, that where any

statute provides for procedure by a general or specific reference to all the statutes governing

procedure in civil actions such procedure shall be in accordance with these rules.

(D)

Court orders regarding physical appearance

As used in these rules, any option to use live two-way video and audio technology shall

not be construed to limit the power of a court to order that a party, attorney, or witness

physically appear at a proceeding without the use of live two-way video and audio

technology.

Effective Date: July 1, 1970

Amended: July 1, 1971; July 1, 1975; July 1, 2015; July 1, 2023

Staff Note (July 1, 2015 Amendment)

Division (C) is amended to specifically include, within the exceptions to the application of the Civil

Rules, Revised Code Chapter 3107 adoption proceedings, to the extent that the rules would by their nature

be clearly inapplicable to those proceedings.

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