Rule 8 - Procedures Governing Original Actions(A) How Instituted. An original action shall be instituted by filing a complaint, together with three copies thereof, with the clerk of the court of appeals for the county in which the action originates. Upon the filing of the complaint, the clerk shall serve summons upon the respondent(s) in the manner prescribed by the Ohio Rules of Civil Procedure. Original actions shall ordinarily proceed as civil actions under the Ohio Rules of Civil Procedure. However, where a petitioner requests an alternative or peremptory writ, or where a petitioner requests a writ of habeas corpus, or where the court determines that the interests of justice would be better served, application of the civil rules may be suspended and the action will proceed as the court may direct.(B) Requests for Alternative or Peremptory Writs. Application for an alternative or peremptory writ shall be by a complaint which clearly indicates in both the caption and prayer for relief that an alternative or peremptory writ is requested. Absent extraordinary circumstances, no alternative or peremptory writ will be issued in an original action, other than habeas corpus. If the court declines to grant an alternative or peremptory writ, the matter shall proceed as any other civil action under the rules of civil procedure as provided in section (A) above and other applicable sections of this rule. When the court determines that the complaint establishes prima facie grounds for the issuance of an alternative or peremptory writ, or where the petitioner requests a writ of habeas corpus, the schedule for disposition of the action shall be set by separate order from this court and shall not be controlled by subsection (F) below.(C) Deposit for Costs. A deposit for costs in an original action and for subpoenas to issue shall be paid as set forth in Loc. R. 2, supra.(D) Prehearing Conference. After the filing of respondent(s)' answer, any party to the action may request by motion, or the court may order on its own initiative, that a prehearing conference be scheduled with the court administrator, a member of the court, or a magistrate if the matter has been so referred pursuant to subsection (H) below. A prehearing conference shall be scheduled as soon as is practicable to discuss the action, set a schedule, if necessary, resolve discovery problems, if any, and entertain such other matters as are necessary for the prompt disposition of the cause.(E) Discovery and Presentation of Evidence. Any party to an original action may conduct discovery at any time after the filing of the complaint by first issuing a notice of intent to conduct discovery, and the court or its magistrate may order discovery to be completed at a fixed time. Once a party has sought discovery, discovery shall be conducted pursuant to Title V of the Ohio Rules of Civil Procedure. Counsel shall freely exchange discoverable information and documents upon informal request. The court will not become involved in the discovery process except to the extent necessary to rule on a motion for a protective order or compel compliance with a discovery request. Interrogatories and answers thereto, requests for admission, requests for documents and all other discoverable papers which do not require a ruling of the court shall be dated and filed with the clerk of the court of appeals for the county in which the action originates, but shall not be forwarded to the court until specifically requested by the court. The schedule contained in this rule shall be suspended as to all proceedings during discovery. Upon completion of discovery, both parties shall file a stipulation and serve a copy upon the court indicating that discovery is complete. Once the stipulation is filed, the parties shall proceed with the action as provided in section (F) below, or as provided in a separate scheduling order, if any. The evidence in an original action, except habeas corpus, shall be submitted to the court by means of an agreed statement of facts, stipulations, depositions, interrogatories, requests for production of documents, and requests for admissions. Oral testimony will not be taken unless ordered by the court.(F) Schedule Controlling Original Actions. Unless otherwise altered by order of this court, the following schedule shall control the disposition of all original actions except habeas corpus, requests for alternative or peremptory writs, or actions subject to a separate scheduling order: (1) Time for Responding to the Complaint. Respondent(s) shall answer or otherwise respond to the complaint within the time provided by the civil rules.(2) Dispositive Motions. When any party to the action files a dispositive motion, either as a motion to dismiss or a motion for judgment, a brief in support shall be filed along with the motion and shall indicate whether disposition of the motion will dispose of the merits of the complaint. A brief in opposition to the motion along with any crossmotion shall be filed within twenty (20) days after the filing of the initial motion and shall indicate whether disposition of the motion will dispose of the complaint. A reply brief, if any, and/or a response to the cross-motion, if any, shall be filed within twenty (20) days after the filing of the brief in opposition to the motion. No other briefs or memorandum shall be filed except with leave of court, unless a cross- motion has been filed in which event the movant may file a reply within twenty (20) day of the filing of opposing party's response. Briefs shall comply with the rules of appellate procedure and Loc. R. 2.22. Thereafter, the matter will be submitted to the court for disposition. The time for presenting evidence or filing briefs under subsections (F)(3) and (F)(4) shall be suspended during the pendency of the disposition of any motion filed pursuant to this section. All motions shall be ruled upon without oral argument unless otherwise ordered by this court. (3) Time for Presentation of Evidence. Unless extended by order of the court, or by operation of Divisions (E) or (F)(2) of this Rule, the evidence upon which the case is to be submitted to the court shall be filed within sixty (60) days of the filing of the answer to the complaint. The petitioner shall have the primary responsibility for complying with Division (E), but all parties shall cooperate as necessary for the timely presentation of relevant evidence to this court. The petitioner shall file a notice that this division has been complied with.(4) Time for Filing Briefs. The petitioner(s) shall file a brief within twenty (20) days after the presentation of the evidence, or as may be extended by order from this court. Thereafter, the respondent(s) shall file a brief within twenty (20) days from the service of petitioner(s)' brief. A reply brief, if any, shall be filed within ten (10) days of the service of respondent(s)' brief. All briefs shall comply with the appellate rules and Loc. R. 2.22. Service of a copy of a brief shall be made upon opposing counsel, or the opposing party if pro se, as provided in App. R. 13 and proof of service shall be filed with the clerk. No other briefs shall be filed except with leave of court. (G) Oral Argument. Either party may move for oral argument. However, oral argument in original actions may only be had with approval of the court. The court reserves the right to order oral argument, on its own motion.(H) Referral to a Magistrate. Original actions may, upon motion of any party or on the court's initiative, be referred to a magistrate pursuant to Civ. R. 53. Unless otherwise limited by the order of reference, the magistrate shall have all powers conferred by Civ. R. 53, and all proceedings, the report and recommendation, and objections, if any, shall be governed by Civ. R. 53. If an objection is filed, briefs shall be filed as provided in section (F)(4) of this rule, with the time for filing the initial brief commencing with the filing of the objection. The objecting party shall file the initial brief unless both parties object in which event the petitioner shall file the initial brief. There will be no oral argument on the objections to the report and recommendation unless ordered by the court. If no timely objections to the magistrate's report are filed, the parties will be deemed to have consented to the report.
(I) Dismissal for Want of Prosecution. Failure to comply with the time limits provided in this rule or by a separate scheduling order may result in the dismissal of the action, or in any other appropriate sanction. In any event, an original action not subject to a separate scheduling order may be dismissed, without notice, for want of prosecution if no evidence has been presented or no petitioner(s)' brief has been filed within four (4) months after the filing of the complaint. However, no original action shall be dismissed for want of prosecution while any dispositive motion is pending before the court.Effective 6/7/1993; amended effective 7/1/2021.