Ohio Loc. App. R. 13
An original action, other than habeas corpus, shall be instituted by the filing of a complaint. Service shall be made, and such action shall proceed as any civil action under the Ohio Rules of Civil Procedure.
At the time of filing the complaint in an original action in this court, the relator shall deposit with the clerk of this court the sum of $100, as security for the payment of costs. When serving a complaint pursuant to Civ.R. 4, or court order, the clerk shall cause service copies to be produced in lieu of such copies being furnished by the filer, and shall charge a fee of $1.00 per copy produced against the funds on deposit.
A party claiming to be indigent shall file with their complaint a motion for leave to proceed in forma pauperis supported by an affidavit or certification sufficient to establish indigency. The motion shall comply with Loc.R. 7. Upon filing of the motion, the clerk shall forthwith forward a copy to the court administrator and the motion shall be determined in accordance with Loc.R. 7(B).
In the absence of extraordinary circumstances, no alternative writ will be issued in an original action, other than a habeas corpus action.
When a motion to dismiss is filed a brief in support must be filed therewith.
Any brief in opposition to a motion to dismiss shall be filed within 14 days of the filing of such motion. The moving party may file a reply brief in further support of a motion to dismiss within 7 days after service of the brief in opposition.
All motions will be ruled upon without oral argument before the court, except where the court requests such argument.
To facilitate the consideration and disposition of original actions, counsel should, whenever possible, file an agreed statement of facts.
When the evidence to be considered consists of all or part of an official record or the record of proceedings before an administrative agency, such as the Industrial Commission claim file, a stipulated or certified copy, rather than the original, must be submitted pursuant to Civ.R. 44, and Evid.R. 902 and 1005. Unless the parties enter into a stipulation concerning the evidence to be submitted to the court and attach to the stipulation legible copies of such evidentiary materials relevant to the determination of the action, each party shall file with the court legible certified copies of evidentiary materials the party feels relevant to the issues before the court. An original public record will not be accepted for filing as evidence. Evidentiary materials in original actions shall not be efiled, but shall be filed in traditional paper form. Two copies of the stipulated evidence, or of each parties' evidence in the event that a stipulation cannot be agreed upon, shall be filed with clerk of this court.
The brief of the relator shall be served and filed within 21 days after completion of the presentation of evidence, pursuant to Section G; the brief of the respondent shall be served and filed within 21 days after service of the brief of the relator; and any reply brief shall be served and filed within 14 days after service of the brief of the respondent.
Service of a copy of any brief shall be made upon opposing counsel forthwith, and proof of service shall be filed with the clerk. Such service shall be made in compliance with Loc.R. 2(E).
Briefs shall conform to App.R. 19 and Loc.R. 8 and shall not exceed 30 pages in length without prior leave of court. The brief of the relator shall contain under appropriate headings and in the order here indicated:
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.
Because of the necessity of a prompt disposition of an original action relating to a pending election, and in order to give the court adequate time for full consideration of such case, in any such action filed within 90 days prior to the election, the answer day shall be 5 days after service of summons, and the plaintiff's brief must be filed within 5 days after the filing of the answer. All briefs must be filed no later than 5 days after the filing of plaintiff's brief. Regardless of an opposing parties consent, only in exceptional cases will time be extended.
In any original action in this court, oral argument may be had only on approval of a request therefor, 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 party's original pleading and shall be conspicuously set forth on the front cover of such pleading. Where such request is granted, the party seeking affirmative relief shall have the right to open and close the argument and the further right to divide the time allotted as desired.
Ohio. Loc. App. R. 13