OH Bar OH Bar Civil Procedure 1 — Questions and Answers
Question 1: Under the Ohio Rules of Civil Procedure, what is the standard for a motion to dismiss under Civ. R. 12(B)(6)?
- The plaintiff cannot prove any set of facts in support of the claim
- The claim fails to state a claim upon which relief can be granted, applying a plausibility standard (Correct answer)
- The plaintiff lacks standing to bring the claim
- The defendant has a complete defense on the merits
Correct answer: The claim fails to state a claim upon which relief can be granted, applying a plausibility standard
An Ohio Civ. R. 12(B)(6) motion tests whether the complaint states a claim for which relief can be granted; Ohio courts dismiss when the complaint fails to allege sufficient facts to support a plausible entitlement to relief.
Question 2: In Ohio, what is the general statute of limitations for a breach of written contract claim?
- Two years
- Four years
- Six years (Correct answer)
- Eight years
Correct answer: Six years
Under Ohio Revised Code § 2305.06, the statute of limitations for an action on a written contract is six years from the date the cause of action accrued.
Question 3: Under Ohio Civ. R. 56, summary judgment shall be granted when:
- The moving party presents a preponderance of the evidence in its favor
- There is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law (Correct answer)
- The non-moving party fails to appear at the hearing
- The trial court finds the claim is unlikely to succeed
Correct answer: There is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law
Ohio Civ. R. 56(C) directs courts to grant summary judgment when the evidence shows no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.
Question 4: Ohio's long-arm statute allows an Ohio court to exercise personal jurisdiction over a non-resident defendant who has:
- Any contact whatsoever with the state of Ohio
- Transacted business in Ohio or caused tortious injury in Ohio (Correct answer)
- Signed a contract outside Ohio that references Ohio law
- Registered an agent for service of process in any U.S. state
Correct answer: Transacted business in Ohio or caused tortious injury in Ohio
Ohio Revised Code § 2307.382 authorizes personal jurisdiction over out-of-state defendants who, among other acts, transact business in Ohio, cause tortious injury in Ohio, or own property in Ohio.
Question 5: Under Ohio Civ. R. 26, the scope of permissible discovery includes:
- Only admissible evidence
- Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case (Correct answer)
- Only documents the opposing party agrees to produce
- Only matters that will be introduced at trial
Correct answer: Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case
Ohio Civ. R. 26(B)(1) permits discovery of any nonprivileged information relevant to a party's claim or defense, provided it is proportional to the needs of the case considering importance, amounts at stake, and burden.
Question 6: In Ohio, when must a defendant file an answer after being served with a complaint in a civil action?
- 14 days
- 21 days
- 28 days (Correct answer)
- 60 days
Correct answer: 28 days
Ohio Civ. R. 12(A)(1) provides that a defendant must serve an answer within 28 days after service of the summons and complaint.
OH Bar OH Bar Civil Procedure 1
Under the Ohio Rules of Civil Procedure, what is the standard for a motion to dismiss under Civ.
R. 12(B)(6)?