Rule 41.1 - Original actions(A) Commencement of Action. Service in original actions shall be made and the action shall commence and proceed as a civil case under the Ohio Rules of Civil Procedure, unless those rules are clearly inapplicable. In the absence of extraordinary circumstances, no alternative or preemptive writs will be issued, other than in a habeas corpus action.(B) Pretrial Proceedings. Whenever possible, original actions shall be decided upon either a motion to dismiss or upon a motion for summary judgment. If a dispositive motion is not filed or has not been filed at the time the answer is filed or due, the court will issue a schedule for the presentation of an agreed statement of facts or stipulations and for the submission of briefs.(C) Trial. If the action is not decided pursuant to subsection (B), the action may be referred to a magistrate, pursuant to App.R. 34 and Civ.R. 53. Oral testimony will be heard only in cases referred to a magistrate. Court reporters will not be in attendance at a magistrate's hearing unless arranged and paid for by one or more of the parties and appointed by the court. (D) Habeas Corpus. An action for a writ of habeas corpus shall be similarly submitted whenever practicable and when the interests of justice will not be defeated by delay.(E) 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 a "statement of issues presented" will be substituted for the "statement of the assignments of error presented for review" when appropriate. See App.R. 16(A)(3).