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Civil Litigation – Important Changes to Ohio Rules of Civil Procedures

Recent amendments to the Ohio Rules of Civil Procedure will unify the timeline of court proceedings throughout the state.  For example, Ohio now has uniform motion deadlines to streamline processes.  The amendments became effective July 1, 2018 and serve to eliminate confusion regarding deadlines and other requirements.

Here are some of the specifics. For Motions for Summary Judgment, all responses are due 28 days after service of the motion, and replies are due 14 days after service of the response.

For all other motions, responses are due 14 days after service of the motion, and replies are due 7 days after service of the response.

Motions for purposes of trial, such as a motion in limine, must be filed at least twenty-eight days prior to the trial, while motions for purposes of a hearing must be served no later than fourteen days prior to the hearing.  Importantly, Rule 6 allows courts to modify the summary judgment and motion deadlines for good cause.

Discovery rules are also updated due to advancements in technology. Rule 33, 34, and 36 now state that the discovery must serve an electric copy on a shareable medium in an editable format.  These changes should result in a more streamlined and effective system. 

For legal issues, please contact us.

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Business Firm News

Civil Litigation in 2020

The Supreme Court of Ohio issued an order effectuating and expanding upon the emergency legislation Governor DeWine signed into law on March 27, 2020 in response to COVID-19, which tolled statutes of limitations, as well as litigation deadlines and timelines.  The Court’s order reflects the judicial branch’s reciprocation of H.B. 197 legislation and orders that all “time requirements” that are set to expire between March 9, 2020 and July 30, 2020 are tolled.  In effect, the order tolls all litigation deadlines that are due March 9 through July 30.

The order does allow for a court to supersede the tolling provision by issuing an order of its own on or after March 9, 2020.  Some courts, however, seem to be determined to press ahead due to concerns of unmanageable heavy case load down the road. Overall, the progress of civil cases is slowed in light of the pandemic.

Firmwide, we see no decrease of civil cases in 2020.  Five breach of contract cases alone came in before April 2020. Civil litigation is a big part of our practice. Our core substantive practice areas of corporate, business, real estate, international, and intellectual property often involve complex disputes that must be resolved in federal court. As a result, we have developed expertise capable of handling the most significant matters. 

In a civil litigation, we handle matters from pre-complaint investigation, through discovery, summary judgment, trial, and the appeals process. We are experienced yet small enough to ensure that client service remains at the forefront of every engagement. So, if you are burdened by business disputes, let us help you. For legal issues, please contact us.

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