Ohio L.C.C.R. 5

As amended through October 15, 2024
Rule 5 - Motion submitted to the Chief Justice of The Supreme Court
(A) Motion for three-judge panel
(1)Motion, when filed, contents. Not later than ten days after a notice of trial is served in an action filed in or removed to the Court of Claims, the claimant or the state may file a written motion requesting the Chief Justice of the Supreme Court to assign, pursuant to R.C. 2743.03(C)(1), a panel of three judges to hear and determine the action. The motion shall be accompanied by a memorandum indicating the novel or complex issues of law or fact present in the action. Two copies of the motion and memorandum shall be filed with the clerk of the Court of Claims. The movant shall serve all other parties pursuant to Civil Rule 5.
(2)Responses to motion, when filed, contents. Each party opposing the motion may file and serve, within fourteen days after service of the motion, a memorandum opposing the motion which shall state all reasons for opposition and authorities upon which the party relies.
(3)Duty of the clerk. After all responses, if any, are received or the time for response has elapsed, the clerk shall forward to the Chief Justice of the Supreme Court the motion and all memoranda. The clerk of the Court of Claims shall journalize the decision of the chief justice and serve copies upon all parties.
(B)Motion for change of situs of civil action.
(1)Motion, when filed, contents. Not later than ten days after a notice of trial is served in an action in the Court of Claims, any party may file a written motion requesting the Chief Justice of the Supreme Court to direct, pursuant to R.C. 2743.03(B), that the court sit in a county other than Franklin County. The motion shall be accompanied by a memorandum showing the substantial hardship which will result if the action is tried in Franklin County or why the interests of justice dictate that the situs be changed. Two copies of the motion and memorandum shall be filed with the clerk of the Court of Claims. The movant shall serve a copy of the motion and memorandum on all other parties pursuant to Civil Rule 5.
(2)Responses to motion, when filed, contents. Each party opposing the motion may file and serve within fourteen days after service of the motion a memorandum opposing the motion, which shall state all reasons for the opposition and authorities upon which the party relies.
(3)Duty of the clerk. After all responses, if any, are received or the time for response has elapsed, the clerk shall forward to the Chief Justice of the Supreme Court the motion and all memoranda. The clerk of the Court of Claims shall journalize the decision of the chief justice and serve copies upon all parties.
(C)Request for referees.
(1)Motion, when filed, contents. Not later than ten days after a notice of trial has been served in an action filed in the Court of Claims pursuant to R.C. 153.12(B), any party may request that, pursuant to R.C. 2743.03(C)(3), the Chief Justice of the Supreme Court appoint a referee or a panel of referees. The request shall be accompanied by a memorandum which shows that the requesting party is entitled to the appointment of a referee or a panel of referees pursuant to R.C. 153.12(B) and R.C. 2743.03(C)(3). Two copies of the motion and memorandum shall be filed with the clerk of the Court of Claims. The movant shall serve all other parties pursuant to Civil Rule 5.
(2)Responses to motion, when filed, contents. Each party opposing the motion may file and serve, within fourteen days after service of the motion, a memorandum opposing the motion, which shall state all reasons for the opposition and authorities upon which the party relies.
(3)Duty of the clerk. After all responses, if any, are received or the time for the response has elapsed, the clerk shall forward to the Chief Justice of the Supreme Court the motion and all memoranda. The clerk of the Court of Claims shall journalize the decision of the chief justice and serve copies upon all parties.
(D)Hearing on motion to Chief Justice. Motions submitted to the chief justice pursuant to section (A), (B), or (C) of this rule shall be determined without an oral hearing unless a hearing is ordered by the chief justice. Unless ordered by the chief justice, no reply brief on behalf of the movant shall be filed.
(E)Affidavits of bias and prejudice. Affidavits of bias and prejudice filed against judges of the Court of Claims shall be processed in accordance with R.C. 2701.03.

Ohio. L.C.C.R. 5