Ohio R. Prac. S. Ct. 4.06

As amended through October 29, 2024

Rule 4.06 - Substitution of Parties

(A)General

As used in these rules, an "appeal of right" is one of the following:

(1) Original actions In original actions, except as provided for in division (B) of this rule, substitution of a party shall be governed by the applicable provisions of the Ohio Rules of Civil Procedure.

(2) Other case types In all other cases, except as provided for in division (B) of this rule, if substitution of a party is necessary, a motion shall be filed that designates the person to be substituted and states the reasons the substitution is required.

(B) Public officers; death or separation from office

Unless otherwise provided for by this rule, when a public officer in the officer's official capacity is a party to an appeal or other proceeding in the Supreme Court of Ohio and ceases to hold office while the matter is pending, the action does not abate and the successor officer is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party. Any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time. The omission to enter such an order shall not affect the substitution.

Ohio. R. Prac. S. Ct. 4.06

Effective Date:1/1/2017.