Rule 45 - Extraordinary Writs (Original Actions)(A)General.(1) The court of appeals has original jurisdiction over the extraordinary writs of Habeas Corpus, Mandamus, Procedendo, Prohibition, and Quo Warranto. Section 3, Article IV, Ohio Constitution.(2) In all original actions filed in the Eighth District Court of Appeals, these rules shall govern the procedure and the form of all documents filed in the actions.(3) The Ohio Rules of Civil Procedure shall supplement these rules unless clearly inapplicable. Where these rules conflict with the Ohio Rules of Civil Procedure, these rules shall control.(B)Parties. The party filing an action in mandamus, prohibition, procedendo, or quo warranto shall be referred to as the relator. Party filing an action in habeas corpus shall be referred to as the petitioner. The party named in an original action shall be referred to as the respondent.(C)Filing Fee And Cost Deposit. The clerk will not accept an original action for filing unless the party bringing the action deposits with the clerk of courts the sum of $175.00. Of that sum, $150.00 will be security for the payment of costs, and $25.00 is a fee, authorized under R.C. 2501.16(B), for the operation of the court. But the clerk will receive and file the action without the payment of $175.00: (1) If the relator or petitioner files with the clerk a sworn affidavit or affirmation of inability to secure costs by payment; or(2) If the requirement of prepayment is otherwise excused by operation of law, e.g., R.C. 109.19 and 325.31(C).(D)Procedure.(1)Commencing An Action. (a) Original actions commence with the filing of a verified complaint or petition. Counsel shall file the complaint or petition electronically unless seeking leave to file in paper form in compliance with Loc.App.R. 13.1(A)(4). All documents shall conform to the format requirements of App.R. 19. (See also R.C. Chapter 2731 (Mandamus), Chapter 2733 (Quo Warranto), Chapter 2725 (Habeas Corpus)). Pro se litigants are permitted to file the complaint or petition and all subsequent documents electronically or in paper form per Loc.App.R. 13.1(A)(5). If filing in paper form, the verified complaint or petition and all later pleadings must be filed with an original and five copies.(b) All complaints or petitions shall contain the specific statements of fact upon which the claim of is based and should be supported by an affidavit, specifying the details of the claim. The complaint or petition may include a memorandum in support of the claims. Absent such detail and attachments, the complaint or petition may be subject to dismissal. (c) Any affidavit shall be made on personal knowledge, setting forth facts admissible in evidence, and demonstrating affirmatively that the affiant is competent to testify to all matters stated in the affidavit.(d) Except as provided in Loc.App.R. 45(B)(2), the clerk shall issue a summons as well as serve the summons and a copy of the complaint by the clerk's standard procedure, such as federal express mail, sent to the address of the respondent as indicated on the complaint unless the party filing the action requests another permissible method of service. See Civ.R. 4.1.(2)Alternative Writ.(a) If an alternative writ is requested, the relator or petitioner must also submit a separate application for the alternative writ. If the party filing the action requests expedited disposition of an application for an alternative writ, that party must file a written request with the clerk for personal service under Civ.R. 4.1(B) as well as effect personal service and the return of service forthwith unless that party certifies to the court in writing why prompt service is not practicable. If an alternative writ is granted, respondent must comply with relator's request for relief or show cause why respondent is not required to comply with that request.(b) If an alternative writ is granted, the burden of service is on the relator or the petitioner. If an alternative writ is not granted, then service must be made under the Rules of Civil Procedure. Under unusual circumstances, the court may issue an alternative writ on its own motion.(c) When an alternative writ is not granted, the action will proceed as any civil action under the Rules of Civil Procedure. When an alternative writ is granted, the court shall issue a schedule for filing stipulations, briefs, and evidence or shall schedule the action for a "guidelines hearing." At the guidelines hearing, the court shall set a schedule for filing motions or other papers and for taking evidence.(3)Response to Complaint or Petition. In all actions, except for a petition for habeas corpus or an election action, the respondent shall file an answer or a motion to dismiss within 28 days of service of the summons and complaint. This court, in the exercise of its sound discretion, may shorten the period for the filing of the respondent's answer or motion to dismiss.(4)Dispositive Motions. When a party files either a motion to dismiss or a motion for summary judgment, the movant must also file a supporting brief. A brief in opposition may be filed within 20 days of the filing of the motion. Unless it directs otherwise, the court will rule on motions without oral argument. (5)Evidentiary Hearings. If the parties do not stipulate to the evidence, then the court may conduct a hearing or appoint a magistrate to take testimony on issues of disputed fact. The Rules of Evidence will apply to the taking of testimony under Civ.R. 53.(6)Dismissal For Failure To Prosecute. Absent a showing of good cause, if no further action has been taken to join the issues within four months after filing of the complaint or petition, then the original action may be dismissed for failure to prosecute, after notice to counsel of record.(7)Election Cases. If an original action relating to an election is filed within 90 days before the election, then the answer is due five days after service of summons. The reply and the brief of the relator must be filed within five days after the filing of the answer. Respondent's brief must be filed no later than five days after the filing of relator's brief. Only in exceptional cases will time be extended or diminished, even with consent of opposing counsel. The court, in the exercise of its sound discretion, may shorten any time period for the filing of any answer, motion, or response to any motion.
(8)Habeas Corpus. Actions in Habeas Corpus shall proceed in conformity with this rule, except to the extent that specific procedures are prescribed in R.C. Chapter 2725.(9)Recording Of Proceedings. Upon prior written notice to the court, any party may make arrangements for the recording of any evidentiary hearing by any authorized means. See, e.g., Crim.R. 22.Adopted eff. 2/1/1999. Amended eff. 2/1/2005; 1/1/2010; 1/19/2010; 7/1/2012; 2/1/2019; amended eff. 12/28/2020.