Rule 16 - Original Actions(A)How Instituted. An original action, other than habeas corpus, shall be instituted by the filing of a complaint, together with four copies thereof, and service shall be made, and such action shall proceed, as in any civil action under the Ohio Rules of Civil Procedure. The court will sua sponte dismiss any complaint found to be frivolous, malicious, or abusive.(B)Alternative Writs. In the absence of extraordinary circumstances, no alternative writ will be issued in an original action, other than a habeas corpus action.(C)Affidavit of Indigency. A relator claiming to be indigent shall file with the complaint a motion for leave to proceed in forma pauperis supported by an affidavit showing indigency and indicating the party's actual financial condition and the disposition of any request for similar leave sought with any other court. The motion shall comply with App.R. 15(A). A respondent may oppose the granting of a motion to proceed in forma pauperis in the manner set forth in App.R. 15(A).(D)Answer. The respondent shall file an answer to the complaint or a motion to dismiss within twenty (20) days of service of the summons and complaint. The respondent may file a motion for judgment on the pleadings at the same time an answer is filed.(E)Motion to Dismiss. When a motion to dismiss is filed, five (5) copies of a brief in support of such motion must be filed with such motion, and the movant shall indicate whether ruling on the motion will dispose of the merits. Five (5) copies of a brief in opposition to a motion to dismiss shall be filed within fifteen (15) days of the filing of such motion with an indication whether a ruling on the motion may be deemed a disposition of the merits. All motions will be ruled upon without oral argument before the court, except where the court requests such argument.(F)Evidence in Original Actions. Unless the court orders otherwise, evidence shall be submitted within twenty (20) days after the respondent files the answer, except that if the respondent files a motion to dismiss the complaint under Civ.R. 12(B), evidence shall be filed within twenty (20) days after the court denies the motion. Unless consent of the court is otherwise obtained, the evidence in all original actions, except actions in habeas corpus, shall be submitted to the court by means of an agreed statement of facts, stipulations, depositions, interrogatories, requests for production of documents, requests for admissions, affidavits, or certified copies of official records. Oral testimony will not be heard unless ordered by the court. If oral testimony is ordered by the court it will be referred to and heard before a magistrate. The evidence in actions in habeas corpus shall be submitted with the petition, where practicable, and with the return of the writ, when a return is ordered by the court, and may be submitted with any response to the return authorized by the court. Court stenographers will not attend the trial of the action unless arranged for and employed by one or more of the parties and appointed by the court, or unless, because of exceptional circumstance, otherwise ordered by the court.
Except in habeas corpus actions, at the time the parties submit their evidence, they must indicate by a separate filing whether they intend to rest on that evidence.
(G)Reference to Magistrate. Original actions in this court may, upon the court's own motion, be referred by the court to a magistrate, pursuant to Civ.R. 53. Unless otherwise indicated in the order of reference to a magistrate, the magistrate shall have all the powers specified in Civ.R. 53, and the proceedings and report of the magistrate and objections thereto shall be governed by Civ.R. 53. When a party so requests and guarantees the costs in a manner prescribed by the court which may include advance deposit of costs, and the court so orders, the magistrate shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations upon a court sitting without a jury. If a party desires a transcript of proceedings before the magistrate to be utilized in objecting to the magistrate's report or for any other purpose, they shall obtain the transcript from the reporter and pay for the same. The magistrate shall not order a transcript of proceedings prepared without prior authorization of this court.
Alternatively, in order to expedite court consideration of the action, if a reference to a magistrate is made and if a party or parties agree to hire and pay for recordation and transcription by a court reporter of the presentation of evidence, the order of reference will be limited to receiving and reporting evidence, including rulings upon objections, for immediate presentation to the court of the transcript of evidence presented when transcribed.
(H)Time for Briefs. The relator shall serve and file his trial brief within fifteen (15) days after completion of the submission or presentation of the evidence; the respondent shall serve and file his brief within fifteen (15) days after service of the brief of the relator; and any reply brief shall be served and filed within five (5) days after service of the brief of the respondent.(I)Briefs. Briefs shall conform to App.R. 19 and the length of the briefs shall conform to Loc.R. 10. The brief of the relator shall contain, under appropriate headings, and in the order here indicated:1. A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to pages of the brief where they are cited;2. A statement of the issues presented;3. A statement of the case. The statement shall first indicate briefly the nature of the case. There shall follow a statement of the facts relevant to the issues presented;4. An argument. The argument shall contain the contentions of the relator with respect to the issues presented, and the reasons therefore, with citations to the authorities and statutes relied on; and5. A short conclusion, stating the precise relief sought. The brief of the respondent shall conform to the foregoing requirements except that a statement of the issues and a statement of the case, or of the facts relevant to the issues, need not be made unless the respondent is dissatisfied with such statements of the relator.
(J)Service of Brief. Service of a copy of any brief shall be made upon opposing counsel forthwith, and proof of service shall be filed with the clerk.(K)Oral Argument. In any original action in this court, oral argument may be had only on approval of a request therefore, provided that the court may, if it so desires, require such oral argument in any case. Any request for oral argument must be made in writing, by either party, at the time of the filing of the trial brief.(L) 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.(M)Dismissal for Failure to Prosecute. Failure to comply with the time limits provided in this rule or by order of this court may result in the dismissal of the action or other appropriate sanction. An action not subject to a separate scheduling order may be dismissed without notice if no evidence has been presented or the petitioner has not filed a brief within 120 days after the filing of the complaint. The court will not dismiss an action for failure to prosecute while a dispositive motion is pending.As amended through 6/1/2021; as amended effective 3/2/2022.