OH AT Law cheat sheet

Ohio Civ. R. 3(A): a civil action is commenced by filing a complaint with the clerk of the court; the filing date fixes the statute-of-limitations cutoff under R.C. 2305.03.

Service must be completed within one year of filing under Civ. R. 4(E); failure allows dismissal without prejudice, and the action is deemed commenced for limitations purposes only if service is obtained within that year.

Civ. R. 12(A)(1): defendant has 28 days after service of the summons and complaint to answer or move; the United States or an Ohio officer sued officially gets 60 days.

Civ. R. 12(B) defenses (lack of jurisdiction over person, insufficiency of process or service, failure to state a claim) are waived if omitted from the first responsive pleading or pre-answer motion.

Civ. R. 56(C): summary judgment requires no genuine issue of material fact, viewing evidence most strongly in favor of the nonmoving party; the motion must be served at least 14 days before hearing.

Civ. R. 15(A): a party may amend once as a matter of course within 28 days of service, or later with written consent or leave of court, which is freely given when justice requires.

Ohio's one-year statute of limitations for assault, battery, false imprisonment, and libel/slander (R.C. 2305.11); personal injury and property damage generally carry two years under R.C. 2305.10.

Civ. R. 41(B): involuntary dismissal for failure to prosecute or comply with rules operates as an adjudication on the merits unless the court specifies otherwise.

Civ. R. 54(B): absent an express determination that there is no just reason for delay, an order resolving fewer than all claims or parties is not final and appealable.

Ohio Const. art. I, § 14 mirrors the Fourth Amendment; Ohio courts may interpret it more protectively than the federal Constitution but may not fall below federal minimums.

Ohio Const. art. I, § 10 guarantees the writ of habeas corpus and prohibits suspension except when required by public safety in rebellion or invasion.

Ohio Const. art. I, § 9 protects freedom of speech and press; restrictions must be content-neutral, narrowly tailored, and leave open alternative channels of communication.

Ohio Const. art. I, § 2 establishes the right to assemble and petition; art. I, § 1 declares the general right to alter, reform, or abolish government.

Ohio Const. art. I, § 16 (due course of law) covers both procedural and substantive due process and supplies the state analogue to the Fifth and Fourteenth Amendments.

Ohio Const. art. I, § 15 prohibits excessive bail and cruel and unusual punishment and guarantees the right to a speedy public trial by impartial jury in the county where the offense occurred.

Ohio Const. art. I, § 5 guarantees the right to a jury trial in civil cases, and Ohio's right is broader than the federal Seventh Amendment because it is not limited by a $20 amount.

Ohio Const. art. IV, § 1 vests judicial power in a supreme court, courts of appeals, courts of common pleas, and such other courts as the General Assembly creates.

Ohio Const. art. I, § 8 protects the right of the people to bear arms for defense and security; state regulation must survive the applicable level of scrutiny.

R.C. 1302.02 (UCC 2-201): sale of goods over $500 requires a writing signed by the party to be charged, unless the goods are specially manufactured or the party admits the contract in pleadings or testimony.

R.C. 1302.04 (UCC 2-207): a definite and seasonable expression of acceptance operates as acceptance even if it states additional or different terms, unless expressly made conditional on assent to those terms.

R.C. 1301.01 et seq. governs transactions in goods; common law governs services and real estate, and the predominant purpose test decides mixed contracts.

Statute of frauds under R.C. 1335.05: leases over one year, promises to answer for another's debt, and agreements not to be performed within one year must be in writing.

Consideration requires a bargained-for exchange; past consideration, moral obligation, and illusory promises are insufficient, except in limited cases such as revival of a time-barred debt.

R.C. 1303.36 (UCC 3-306): a holder in due course takes free of most personal defenses but remains subject to real defenses such as fraud in the factum, infancy, and discharge in bankruptcy.

Anticipatory repudiation allows the nonbreaching party to treat the contract as breached immediately or await performance, but may suspend performance only until commercially reasonable assurances are received.

R.C. 1343.03 sets the default prejudgment interest rate for contract claims; parties may contract for a different rate as long as it is not usurious under R.C. 1343.01.

Ohio felony degrees are set by statute (R.C. 2901.02): murder is unclassified, aggravated murder carries the most severe penalties, and first-degree felonies carry a presumption of prison.

R.C. 2901.05: the burden of proof for self-defense, defense of others, and defense of property rests with the defendant by a preponderance of the evidence once the state has proven the elements.

Criminal rule 16 governs discovery; the state must provide the defendant's statements, the defendant's prior record, documents and tangible objects, and reports of examinations and tests.

Crim. R. 5: after a warrantless arrest, the defendant must be brought before a judge without unnecessary delay, and the complaint must be filed within the time prescribed by statute.

The exclusionary rule under Mapp v. Ohio (1961) applies to state prosecutions; evidence obtained by unconstitutional search or seizure is inadmissible, subject to good-faith and inevitable-discovery exceptions.

R.C. 2941.25 merger: when the same conduct constitutes two or more allied offenses of similar import, the defendant may be convicted of only one, though the court may impose sentence on all charges after merger.

Crim. R. 32(A): at sentencing the court must give the defendant and counsel an opportunity to speak, and the record must show the sentence was imposed on the record in open court.

Ohio's speedy-trial statute (R.C. 2945.71) sets 90 days for felonies and 30 days for misdemeanors, excluding tolling events such as defense-requested continuances.

Evid. R. 801(C): hearsay is an out-of-court statement offered to prove the truth of the matter asserted; statements offered for other purposes (effect on listener, impeachment) are not hearsay.

Evid. R. 803 lists non-hearsay exceptions that do not require the declarant's unavailability, including present sense impression, excited utterance, and statements for medical diagnosis or treatment.

Evid. R. 804 exceptions require the declarant to be unavailable, including former testimony, dying declarations, and statements against interest.

Evid. R. 404(B): evidence of other crimes, wrongs, or acts is inadmissible to prove character, but is admissible for other purposes such as motive, opportunity, intent, preparation, plan, or identity.

Evid. R. 609 permits impeachment by prior conviction; felonies are admissible subject to the Rule 403 balancing test, and crimes involving dishonesty are admissible regardless of punishment.

Evid. R. 702: expert testimony requires specialized knowledge that will assist the trier of fact; the witness must be qualified and the testimony must be based on reliable principles and methods.

Evid. R. 1002 (best evidence rule): to prove the content of a writing, recording, or photograph, the original is required unless an exception under Rule 1004 applies.

Evid. R. 301: a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut it, but does not shift the burden of proof.

Evid. R. 601: every person is competent to be a witness except as otherwise provided; children under ten may testify if the court finds they can receive and relate impressions truthfully.