Rule 6 - Original Actions Including Expedited-Pending Election" Cases(A) Habeas Corpus actions shall be brought and proceed in accordance with R.C. Chapter 2725. Petitioner shall file an original and three copies of a complaint in habeas corpus.(B) Mandamus, Procedendo, Quo Warranto, and Prohibition actions shall be instituted by filing an original and one copy of a complaint for the court's use, plus additional copies as necessary for service to each respondent. The complaint shall contain the name, title, and address of each respondent. The clerk of the court of appeals shall serve a copy of the complaint and summons upon each respondent by certified mail to the address(es) indicated on the complaint. The summons shall state that respondent need not file an answer until directed by the court of appeals to do so. If the complaint appears to properly set forth a claim for relief, the court will issue an alternative writ which will indicate the time for filing an answer or a motion to dismiss pursuant to Civ.R. 12(B)(6). In expedited "pending elections" cases under section (C) of this rule, the alternative writ will state that respondent shall file an answer to the complaint within eight days of the date the alternative writ is served. Except as delineated below, the original action shall proceed as any civil action under the Ohio Rules of Civil Procedure, as may be applicable to original actions. Except in (1) habeas corpus and (2) expedited "pending elections" cases under section (C) of this rule, if either party intends to file a motion for summary judgment, the motion shall be filed within 20 days of the date of service of the answer filed by respondent, unless otherwise directed by the court. A response to the motion for summary judgment shall be due within 20 days of the date of service of the motion and a reply shall be due within 10 days of the date of service of the response, at which time the motion will be decisional. No hearing will be held on a motion for summary judgment unless ordered by the court.
In the event that neither party files a motion for summary judgment or a motion to dismiss in the time allowed, or if a motion for summary judgment or a motion to dismiss is filed and denied, the parties shall submit their case to the court within 20 days of the date that the motion for summary judgment or motion to dismiss was due or is denied. Each party's case shall be submitted by a brief on the law, an agreed statement of facts, if applicable, and/or stipulations, depositions, and/or affidavits. No hearing will be held unless ordered by the court. If the court orders a hearing, court stenographers will not be in attendance unless arranged for and employed by one or more of the parties and appointed by the court, or unless, because of exceptional circumstances, otherwise ordered by the court. Such recordings will be by reliable method, which may include a stenographic/shorthand reporter, audio-recording device, and/or video-recording device.
(C) Expedited "Pending Election" Cases. (1) Procedure (a) Because of the necessity of a prompt disposition of an original action relating to a pending election, and in order to give the 6th District Court of Appeals adequate time for full consideration of the case, if the action is filed within ninety days prior to the election, and if the court issues an alternative writ, the court will order the respondent to file an answer to the complaint within eight days (including weekends) of the date the alternative writ is served by the clerk of court.(b) Unless otherwise ordered by the 6th District Court of Appeals, original actions in expedited "pending elections" cases shall proceed as follows: (i) Relator shall file any evidence and a merit brief in support of the complaint within five days (including weekends) after service of the answer or, if no answer is filed, within three days after the answer was due.(ii) Respondent shall file any evidence and a merit brief within five days (including weekends) after service of relator's merit brief, and(iii) Relator may file a reply brief within three days (including weekends) after service of respondent's merit brief.(c) Motions to dismiss, motions for summary judgment, and motions for judgment on the pleadings shall not be filed in expedited "pending election" cases.(d) Reconsideration A motion for reconsideration may be filed in an expedited "pending election" case. Any motion for reconsideration shall be filed within three days (including weekends) after the 6th District Court of Appeals' judgment entry or order is served by the clerk pursuant to App.R. 30(A). A memorandum in opposition may be filed within three days (including weekends) of service of the motion for reconsideration.
(e) Service of documents All documents in expedited election cases shall be served on the date of filing by personal service, facsimile transmission, or e-mail.
Effective 1/1/1980; 8/1/1989; 9/1/1990; 7/1/1992; effective 1/1/1998; 7/1/2006; 7/1/2013.