OH Civil Procedure Flashcards
Court of Common Pleas Jurisdiction
Original jurisdiction over all claims in excess of $500 that are not within the exclusive jurisdiction of the court of claims
Includes probate, domestic relations, and juvenile
Court of Claims
Exclusive original SMJ to hear all claims against the state that are permitted by the state’s waiver of sovereign immunity
Bases of In Personal Jurisdiction
1) Physical presence at time of personal service
2) Domicile
3) Consent
Long Arm Statute (10 Conditions)
1) Transacting any business in Ohio
2) Contracting to supply services in Ohio
3) Causing tortious injury anywhere by an act or omission in Ohio
4) Causing tortious injury in Ohio by any act or omission outside of Ohio, if the Defendant:
- Regularly does or solicits business in Ohio,
- Engages in any persistent course of conduct in Ohio, or
- Derives substantial revenue from goods used or consumed or services rendered in Ohio
5) Causing injury in Ohio by breach of warranty made in the sale of goods outside Ohio, if:
- The defendant might reasonably have expected the injured person to use, consume, or be affected by the goods in Ohio, or
- The defendant regularly does or solicits business, engages in any persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in Ohio
6) Having an interest in, using, or possessing real property in Ohio,
7) Contracting to insure any person, property, or risk located in Ohio at the time of contracting,
8) Living in a marital relationship in Ohio, notwithstanding subsequent departure from Ohio, if:
- Marital relation in Ohio at some time,
- Claim relates to marital obligations, and
- One spouse still lives in Ohio
9) Causing (intentional) tortious injury to any person in Ohio by an act outside of Ohio, if:
- The defendant committed the act with the purpose of injuring persons, and
- The person served might reasonably have expected that some person would be injured thereby in Ohio
10) Causing tortious injury to any person by a criminal act if:
- An element of the criminal act took place in Ohio, and
- The person to be served committed the criminal act or is guilty of complicity in the act’s commission
Notice: Two elements for proper notice
1) Service of prices must be effected pursuant to applicable statutes
2) Must meet constitutional requirements
Methods of Service
1) Service by certified or express mail
2) Personal service inside OH
3) Personal service under Long Arm Statute
4) Foreign service of process (Hague convention)
5) Residence service
6) Service by Publication (limited to where ordinary service could not be made)
Venue
1) Where the defendant resides;
2) Where the defendant has his principal place of business;
3) Where the defendant conducted activity that gave rise to the claim;
4) Where all or part of the claim for relief arose;
5) If the subject of the action is real property or tangible personal property; then where property is situated
6) If the suit is against public officer in his official capacity, then where the public officer maintains his principal office;
7) If the action is one asserting tort claims involving asbestos, silicosis, or mixed dust disease, then only: (i) where all exposed plaintiffs reside; (ii) where all of the exposed plaintiffs were exposed; or (iii) where the defendant has its principal place of business.
8) Where the plaintiff resides, if either:
- The action requires out-of-state service pursuant to Rule 4.3; or
- The action is for divorce, annulment, or legal separation, and the plaintiff has been a resident of that county for at least 90 days before filing the complaint.
9) If no venue is proper under the provisions above, then where the plaintiff resides, has his principal place of business, or regularly conducts business activity;
10) If no venue is proper under the provisions above, then:
- Where defendant has property or debts subject to garnishment; or
- Where defendant has appointed an agent to receive service.
Special Matters Requiring Specificity in Pleadings
1) Capacity
2) Fraud or mistake
3) Conditions precedent
4) Timing
5) Special damages
Attachment to Pleadings
If based on an account or written material, must be attached to the complaint
If medical related claim, must attach an affidavit of merit by an expert witness
Fictitious Parties
When the plaintiff does not know the name of a defendant, plaintiff may file the action using a fictitious name for the defendant
Identification: Pleaders may designate unknown defendants with:
- A fictitious name, and
- A description
Amendment: Upon discovering the defendant’s real identity, the pleader must amend the pleading to substitute the real name and serve process on the defendant
Affirmative Defenses
1) Accord and satisfaction
2) Arbitration and award
3) Assumption of risk
4) Contributory negligence
5) Duress
6) Estoppel
7) Failure of consideration
8) Fraud
9) Illegality
10) Injury by fellow employee
11) Laches
12) License
13) Payment
14) Release
15) Res Judicata
16) Statute of Frauds
17) Statute of Limitations
18) Discharge in Bankruptcy
19) Waiver
Rule 11 Signature Requirement
Certifies that:
1) Attorney or party has read document
2) There is a belief that there is good ground to support document
3) Document is not interposed for delay
Permissive Joinder Requirements
1) Same transaction or occurrence
2) Question of law or fact in common to all the parties
Additional Compulsory Joinder in OH
1) Personal injury or property damage to the person or property of the decedent which survives the decedent’s death and a claim for wrongful death to the same decedent if caused by the same wrongful act:
- Estate’s surviving tort claim
- Family’s wrongful death claim
2) Personal injury or property damage to a husband or wife and a claim of the spouse for loss of consortium or expenses or property damage if caused by the same act:
- One spouse’s tort claim
- Other spouse’s claim for loss of consortium or for expenses or property damage arising from the same incident.
3) Personal injury or property damage to a minor and a claim of the parent or guardian of the minor for loss of consortium or expenses or property damage if caused by the same act:
- Minor plaintiff’s tort claim
- Parent’s claim for loss of consortium or for expenses or property damage caused by the same act.
4) Personal injury or property damage to an employee or agent and a claim of the employer or principal for property damage if caused by the same wrongful act:
- Plaintiff employee’s tort claim
- Employer’s claim for property damage caused by the same act.
SOL for Compulsory Counterclaims
Relates back to time when P commenced action
If SOL had run at time when P commenced action, compulsory counterclaim could b used for recoupment or set-off but not as offensive claim
