1 ohio Rules OF Civil Procedure . Title I SCOPE OF Rules -ONE FORM OF ACTION. Rule 1 Scope of Rules : applicability; construction; exceptions 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. 3 Commencement of action; venue 4 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 5 Service and filing of pleadings and other papers subsequent to the original complaint 6 Time Title III PLEADINGS AND MOTIONS.
2 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 pleadings 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. 17 Parties plaintiff and defendant; capacity 18 Joinder of claims and remedies 19 Joinder of persons needed for just adjudication Compulsory joinder 20 Permissive joinder of parties 21 Misjoinder and nonjoinder of parties Rule 22 Interpleader 23 Class actions Derivative actions by shareholders 24 Intervention 25 Substitution of parties Title V DISCOVERY.
3 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 person 36 Requests for admission 37 Failure to make discovery: sanctions Title VI TRIALS.
4 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 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 and for judgment not-withstanding the verdict 51 Instructions to the jury; objection 52 Findings by the Court 53 Magistrates Title VII JUDGMENT. Rule 54 Judgments; costs 55 Default 56 Summary judgment 57 Declaratory judgments 58 Entry of judgment 59 New trials 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.
5 64 Seizure of person or property 65 Injunctions 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 PROBATE, JUVENILE, AND DOMESTIC RELATIONS. PROCEEDINGS. 73 Probate division of the Court of common pleas 74 [Reserved]. 75 Divorce, annulment, and legal separation actions 76 [Reserved]. 81 References to ohio Revised Code Title X GENERAL PROVISIONS. 82 Jurisdiction unaffected 83 Local Rules of practice 84 Forms 85 Title 86 Effective date APPENDIX OF FORMS.
6 Forms 1-19 General Civil Forms Forms1-28 Domestic Relations Forms TITLE I. SCOPE OF Rules --ONE FORM OF ACTION. RULE 1. Scope of Rules : Applicability; Construction; Exceptions (A) 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.
7 (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 .
8 [Effective: July 1, 1970; amended effective July 1, 1971; July 1, 1975; July 1, 2015.]. 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. RULE 2. One Form of Action There shall be only one form of action, and it shall be known as a Civil action. [Effective: July 1, 1970.]. TITLE II. COMMENCEMENT OF ACTION AND VENUE;. SERVICE OF PROCESS; SERVICE AND FILING OF.
9 PLEADINGS AND OTHER PAPERS SUBSEQUENT. TO THE ORIGINAL COMPLAINT; TIME. RULE 3. Commencement of Action; Venue (A) Commencement. A Civil action is commenced by filing a complaint with the Court , if service is obtained within one year from such filing upon a named defendant, or upon an incorrectly named defendant whose name is later corrected pursuant to 15(C), or upon a defendant identified by a fictitious name whose name is later corrected pursuant to 15(D). (B) Venue: where proper. Any action may be venued, commenced, and decided in any Court in any county. When applied to county and municipal courts, county, as used in this rule, shall be construed, where appropriate, as the territorial limits of those courts.
10 Proper venue lies in any one or more of the following counties: (1) The county in which the defendant resides;. (2) The county in which the defendant has his or her principal place of business;. (3) A county in which the defendant conducted activity that gave rise to the claim for relief;. (4) A county in which a public officer maintains his or her principal office if suit is brought against the officer in the officer's official capacity;. (5) A county in which the property, or any part of the property, is situated if the subject of the action is real property or tangible personal property.