Rule 101 - ORIGINAL ACTIONS(A)How Instituted. An original action shall be instituted by the filing of a complaint or petition, together with three copies thereof. Service of the complaint or petition shall be made in accordance with the Ohio Rules of Civil Procedure. Upon an initial review of the complaint or petition in any original action, this court shall issue an alternative writ instructing the respondent as to the nature of the required response to the complaint or petition.(B)Dispositive Motions.(1) In regard to actions in mandamus, prohibition, procedendo, and quo warranto, the actions shall generally proceed in accordance with the Ohio Rules of Civil Procedure. In attempting to obtain a final resolution of these types of original actions, a party may file any dispositive motion which is recognized under the civil rules, such as a motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment. When any party files a dispositive motion, a brief in support shall be filed with the motion. A brief in opposition to the motion, along with any cross-motion, shall be filed within 20 days after the filing of the initial motion. A reply brief, if any, and/or a response to the cross-motion, if any, shall be filed within 20 days after the filing of the brief in opposition to the motion. No other briefs or memoranda shall be filed except with leave of court, unless a cross-motion has been filed, in which event, the movant may file a reply within 20 days from the filing of opposing party's response. Thereafter, the matter will be submitted to the court for disposition. All motions shall be ruled upon without oral argument unless otherwise ordered by this court.(2) In regard to an original action in habeas corpus, if this court concludes that the petition in habeas corpus states a viable claim for relief, an evidentiary hearing shall be scheduled as soon as possible. If this court concludes that the petition in habeas corpus may not state a viable claim for relief, an alternative writ shall be issued requiring the respondent to file a written response to the petition. If a written response is required, the action shall then proceed in accordance with the procedure under subsection (B)(1) of this rule concerning the submission of dispositive motions.(C)Evidence in Original Actions.(1) If a final decision on any original action cannot be based upon the dispositive motions filed by the respective parties, the parties shall then be given a period of 60 days in which to conduct any necessary discovery. At the conclusion of this 60-day period, the parties shall determine whether it is possible that the action can be resolved by means of an agreed statement of facts. If the parties can reach an agreement concerning a statement of all relevant facts in the action, their agreed statement of facts shall be submitted to the court within 20 days after the completion of the 60-day discovery period. Upon receipt of the agreed statement of facts, this court shall issue a judgment entry setting forth a schedule for the submission of the parties' merit briefs. The action shall then be submitted to the court based upon the agreed statement of facts and the briefs. The foregoing procedure can be followed in habeas corpus actions when such procedure is practical and will not defeat the interests of justice.(2) If an agreed statement of facts is not filed within 20 days after the completion of the 60-day discovery period, the matter shall then be scheduled for an evidentiary hearing as soon as possible. The evidentiary hearing shall be conducted by a single judge, a panel of three judges, or a court magistrate. Following the completion of the hearing, the matter shall then proceed to final disposition.(D)Reference to Magistrate. Original actions in this court may be referred by the court to a Court Magistrate, pursuant to Ohio Civ.R. 53. Unless otherwise indicated in the order of reference to a Court Magistrate, the Court Magistrate shall have all the powers specified in Ohio Civ.R. 53, and the proceedings and decision of the court magistrate shall be governed by Ohio Civ.R. 53. Any objections to a decision of a Court Magistrate shall be filed in accordance with Ohio Civ.R. 53(D)(3)(b). Such objections will be considered by a three-judge panel of this court. The court may adopt the court Magistrate's Decision if no written objections are filed unless it determines that there is an error of law or other defect on the face of the Court Magistrate's Decision. Any decision rendered by the three-judge panel shall be made in accordance with Ohio Civ.R. 53(D)(4). The court shall rule on any objections. The court may adopt, reject, or modify the court Magistrate's Decision, hear additional evidence, recommit the matter to the Court Magistrate with instructions, or hear the matter. Unless the three-judge panel decides to hear additional evidence pursuant to Ohio Civ.R. 53(D)(4)(d), no oral hearing will be held on the objections prior to the issuance of the panel's final decision in the matter.
(E)Original Actions Relating to Elections. Because of the necessity of a prompt disposition of an original action relating to a pending election, or in order to give the court adequate time for full consideration of such case, if such action is filed within 90 days prior to the election, this court shall issue a judgment entry setting forth any special procedure to be used in order to ensure the prompt resolution of the action.(F)Enlargement or Reduction of Time. The court for good cause shown may upon motion enlarge or reduce the time prescribed by these rules or by its order for doing any act, or may permit an act to be done after the expiration of such time. Notice to the parties of such enlargement or reduction of time may be by telephone and later confirmed by order of the court.
Amended effective 6/1/2022; amended effective 7/3/2023; amended effective 7/1/2024.