Ohio Loc. App. R. 33

As amended through October 29, 2024

Rule 33 - Original Actions

(A) Cost deposits

(1)Costs deposit required. To secure the costs of an original action in mandamus, prohibition, procedendo, quo warranto, or habeas corpus, or to secure the costs of subpoenaing a witness in a habeas corpus action, the petitioner shall, with the petition or the praecipe for subpoena, deposit with the clerk of courts the amount set by the clerk.

(2)Costs deposit not required. The clerk of courts shall receive and file a petition, or shall subpoena a witness without secured costs, if the petitioner or the party seeking the witness's attendance files with the clerk an affidavit attesting to the inability to secure costs. An affidavit attesting to the inability to secure costs filed by an inmate of a state correctional institution shall also be accompanied by a certificate of the superintendent or other appropriate officer of the institution demonstrating that the inmate does not have sufficient funds on deposit with the institution to secure costs.

(B) Evidence

In an original action, the Court will generally not hear oral testimony. To facilitate the consideration and disposition of original actions, counsel, when possible, should submit an agreed statement of facts. All other evidence shall be submitted by affidavits, stipulations, depositions, and exhibits. Affidavits shall be made on personal knowledge, setting forth facts admissible in evidence, and showing affirmatively that the affiant is competent to testify to all matters stated in the affidavit. Sworn or certified copies of all papers or parts of papers referred to in an affidavit shall be attached. The Court, in its discretion, may determine that an evidentiary hearing is necessary.

(C) Dispositive Motions

Dispositive motions filed pursuant to Civ.R. 12 and Civ.R. 56, must conform with Loc.R. 19 as to format and page limits.

(D) Briefs

If the case is not decided on a dispositive motion and the Court orders briefs, parties submitting briefs shall adhere to the form and procedure provided by the Ohio Rules of Appellate Procedure and this Court's local rules, except that "assignments of error" are not required and may be replaced with "issues presented."

(E) Oral argument

Any oral argument will proceed according to Loc.R. 21.

Ohio. Loc. App. R. 33

Amended eff. 1/1/2022; amended eff. 2/1/2024.