OH Bar OH Bar Civil Procedure

Question 1

Under the Ohio Rules of Civil Procedure, what is the standard for a motion to dismiss under Civ. R. 12(B)(6)?

Accepted Answer

The claim fails to state a claim upon which relief can be granted, applying a plausibility standard

Answer

The plaintiff cannot prove any set of facts in support of the claim

Answer

The plaintiff lacks standing to bring the claim

Answer

The defendant has a complete defense on the merits

Question 2

In Ohio, what is the general statute of limitations for a breach of written contract claim?

Accepted Answer

Six years

Answer

Two years

Answer

Four years

Answer

Eight years

Question 3

Under Ohio Civ. R. 56, summary judgment shall be granted when:

Accepted Answer

There is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law

Answer

The moving party presents a preponderance of the evidence in its favor

Answer

The non-moving party fails to appear at the hearing

Answer

The trial court finds the claim is unlikely to succeed

Question 4

Ohio's long-arm statute allows an Ohio court to exercise personal jurisdiction over a non-resident defendant who has:

Accepted Answer

Transacted business in Ohio or caused tortious injury in Ohio

Answer

Any contact whatsoever with the state of Ohio

Answer

Signed a contract outside Ohio that references Ohio law

Answer

Registered an agent for service of process in any U.S. state

Question 5

Under Ohio Civ. R. 26, the scope of permissible discovery includes:

Accepted Answer

Any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case

Answer

Only admissible evidence

Answer

Only documents the opposing party agrees to produce

Answer

Only matters that will be introduced at trial

Question 6

In Ohio, when must a defendant file an answer after being served with a complaint in a civil action?

Accepted Answer

28 days

Answer

14 days

Answer

21 days

Answer

60 days