OH Bar Civil Procedure Flashcards

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.