Civil Procedure
Civil Procedure tests how a case moves from filing to final judgment, with emphasis on jurisdiction, pleadings, discovery, dispositive motions, and preclusion. Ohio practice is governed by the Ohio Rules of Civil Procedure, but federal constitutional limits and Erie doctrine remain testable.
Jurisdiction and venue
- Subject-matter jurisdiction: Ohio common pleas courts have general jurisdiction; federal courts need federal question or diversity with more than $75,000 in controversy.
- Personal jurisdiction: Ohio's long-arm statute plus due process. Minimum contacts require purposeful availment, relatedness, and fairness.
- Venue: proper where defendant resides, where the cause of action arose, or where property is located under Ohio Civ. R. 3(B).
Pleadings and motions
- Ohio uses notice pleading: a short and plain statement showing entitlement to relief.
- A Rule 12(B) motion may raise lack of personal jurisdiction, improper venue, insufficient process, or failure to state a claim. Personal jurisdiction, venue, and process defenses are waived if omitted from the first responsive pleading or motion.
- Summary judgment requires no genuine dispute of material fact and entitlement to judgment as a matter of law.
Preclusion
- Claim preclusion bars the same claim between the same parties or privies after a final judgment on the merits.
- Issue preclusion bars relitigation of an issue actually litigated and necessary to the judgment.
Worked example
An Ohio buyer sues a Nevada manufacturer in Ohio for breach of a $200,000 contract. The manufacturer has no Ohio office but solicited the buyer by email and shipped goods into Ohio. The manufacturer moves to dismiss for lack of personal jurisdiction. Purposeful availment is likely found because it reached into Ohio to create a continuing contractual relationship. The claim arises from that contract, and Ohio has an interest in protecting its buyer. The motion should fail unless the manufacturer shows unfairness amounting to severe inconvenience.
Traps
- Do not confuse venue with personal jurisdiction.
- A single isolated sale may not support personal jurisdiction; purposeful targeting may.
- The diversity amount excludes interest and costs.
- Failure to raise personal jurisdiction in the first response usually waives it.