Rule 21 - ORIGINAL ACTIONS(A)How Instituted. An original action, other than habeas corpus which shall be governed by the provisions of R.C. Chapter 2725, shall be instituted by the filing of a complaint, together with three copies thereof. Service shall be made by the clerk and such action shall proceed as any civil action under the Ohio Rules of Civil Procedure. Original actions shall be filed with the clerk of the court of appeal for the county in which the action is filed. No original action or subsequent motions, memoranda or briefs will be accepted for filing at the court's central office in Middletown.(B)Deposit for Costs. A deposit for costs in an original action and for subpoenas issued shall be paid as set forth in Loc.R. 2.(C)Alternative Writs. In the absence of extraordinary circum stances, no alternative writ will be issued in an original action, other than a habeas corpus action.(D)Motion to Dismiss. When a motion to dismiss is filed, an original and three (3) copies of a brief or memorandum in support of the motion shall be filed with the motion, and the movant shall indicate whether ruling on the motion will dispose of the merits.(E)Brief or Memorandum in Opposition to Motion to Dismiss. An original and three (3) copies of a memorandum in opposition to a motion to dismiss shall be filed within fifteen (15) days with an indication whether ruling on the motion will dispose of the merits.(F)Oral Argument on Motion to Dismiss. Motions to dismiss will be ruled upon without oral argument before the court, except where the court requests such argument.(G)Presentation of Evidence. 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, or stipulations, or depositions; oral testimony will not be heard. The evidence in habeas corpus actions shall be similarly submitted whenever practicable.(H)Time for Briefs. The petitioner's brief shall be filed within thirty (30) days after completion of the presentation of evidence pursuant to Section (G); the respondent's brief shall be filed within thirty (30) days thereafter; a reply brief may be filed by the petitioner within ten (10) days after the filing of the respondent's brief.(I)Service of Brief. Service of a copy of any brief shall be made upon opposing counsel or the opposing party if not represented by counsel forthwith, and proof of service shall be filed with the clerk.(J)Briefs. Briefs shall conform to App.R. 19 and Loc.R. 11 except as described below. The brief of the petitioner shall contain, under appropriate headings and in the following order: (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 and a statement of the facts. The statement of the case shall indicate briefly the nature of the case. A statement of the facts relevant to the issues presented shall follow.(4) An argument. The argument shall include the contentions of the petitioner with respect to the issues presented and the reasons therefor with citations to the authorities and statutes relied on.(5) A short conclusion stating the precise relief sought.(6) The brief of the respondent shall conform to the foregoing requirements, except that a statement of the issues, a statement of the case and/or a statement of the facts relevant to the issues need not be made unless the respondent is dissatisfied with the statements made by the petitioner.(K)Election Matters. Because of the necessity of promptly disposing of original actions relating to pending elections, and in order to give the court adequate time for full consideration of such cases, if an original action relating to a pending election is filed within ninety (90) days prior to the election, answer day shall be five (5) days after service of summons and the brief of the petitioner must be filed within five (5) days after the filing of the answer. The respondent's brief must be filed no later than five (5) days after the filing of the petitioner's brief. The petitioner may file a reply brief within three (3) days after the respondent's brief is filed. Only in exceptional cases will time be extended, even if counsel for all parties consent.(L)Oral Argument. 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 oral argument in any case. A request for oral argument shall be made by any party in writing at any time prior to the filing of the petitioner's reply brief, or the petitioner or respondent's reply memorandum filed in connection with a motion for summary judgment or motion to dismiss. The party having the affirmative shall have the right to open and close the argument and the right to divide the allotted time as desired. Time provided for oral argument shall be as detailed in Loc.R. 12(B).(M)Referral to Magistrate. Original actions may be referred to a magistrate pursuant to Civ.R. 53. Unless otherwise indicated in the order of reference, the magistrate shall have all powers specified in Civ.R. 53, and the proceedings and report of the magistrate and objections thereto shall be governed by Civ.R. 53.(N)Dismissal for Want of Prosecution. Unless all evidence is presented and the petitioner's brief is filed within four (4) months after the filing of the complaint, an original action shall be dismissed, after notice to counsel for record, for want of prosecution, unless good cause is shown to the contrary.(O)Filing by Facsimile or other Electronic Transmission. The filing of pleadings that do not require a security deposit may be accomplished by telephonic facsimile transmission or other electronic transmission in compliance with the local rules of the clerk of the court of appeals for the county where the original action is filed.Amended effective 2/3/2023.