July 8, 2024
Ohio Court of Common Pleas Hamilton County
Timing
Requests to Plaintiff
Requests for admission may be served on the plaintiff at any time after commencement of the action. OH Civ. R. 36 (A) (amended eff 7/1/19).
Requests to Defendant
Requests for admission may be served on a defendant at any time after the service of the summons and complaint on that defendant. OH Civ. R. 36 (A) (amended eff 7/1/19).
Requests For Admission Deemed Admitted if Not Objected to Within a Period Designated In the Request, Not Less than Twenty-Eight (28) Days
The request for admission is admitted unless, within a period designated in the request, not less than 28 days after service or within such shorter or longer time as the court may allow, the party to whom the request is directed served upon the party requesting the admission a written answer or objection addressed to the matter. OH Civ. R. 36 (A)(1) (amended eff 7/1/19).
Computation of Time
In General
In computing any time limit under statewide or local statutes rules or court orders, the day of the event from which the time period begins to run should be excluded. The day on which the time period ends should be included unless it is a Saturday, Sunday, or legal holiday, in which case the period runs until the next business day. When the time period being calculated is less than seven (7) days, weekends and holidays falling within the time period should be excluded from the computation. When the time period being calculated relates to an act that must be performed at a public office and the office is closed for the entire day on the last day of the time period, the act may be performed on the next day the office is open to the public. OH Civ. R. 6 (A) (amended eff 7/1/19).
Service By Mail --Add 3 Days to Any Time Computation
If a time period runs from the date of service and the notice or paper is served by mail, 3 days should be added to the time limit. This subdivision does not apply to a defendant's response to service of a summons commencing the action against that defendant. OH Civ. R. 6 (D) (amended eff 7/1/19).
Sequence and Timing of Discovery
Unless the court orders otherwise, the various discovery methods may be used in any sequence. The fact that one party is conducting discovery does not act to bar or delay any other party's discovery. OH Civ. R. 26 (D) (amended eff 7/1/22).
Planning for Discovery Conference
Timing
Except for matters listed in OH Civ. R. 1 (amended eff 7/1/22) or when the court orders otherwise, attorneys and unrepresented parties must confer as soon as practicable and no later than 21 days before the scheduling conference is held. OH Civ. R. 26 (F)(1) (amended eff 7/1/22).
Requirements and Responsibilities
In conferring, the parties must consider:
the nature and basis of their claims and defenses and the possibilities for promptly settling or resolving the case;
make or arrange for the disclosures required by OH Civ. R. 26(B)(3); and
Discovery Cut-Off Date
Many judges customarily set a cut-off date for the completion of discovery.
Pretrial and settlement conferences may be scheduled at the discretion of the Court. Specific case management practices and orders for individual judges may be found on the Common Pleas Judges page. Hamilton LR 15 (A).
Rules & Requirements
Denials Must Fairly Meet Substance of Allegation
Denials must be specific and must fairly meet the substance of the allegation. The answering party must specify in detail the reasons why the allegation is denied or why he or she cannot truthfully admit or deny the allegation. When good faith requires a qualified response or partial denial, the answering party must specify what part of the allegation is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he or she specifically states that reasonable inquiry was made and that the information known or readily obtainable is insufficient to support an admission or denial. OH Civ. R. 36 (A)(2) (amended eff 7/1/19).
Clearly State Reasons for Objection
A party objecting to any request for admission must clearly state the reasons for objection. A party who believes a matter on which an admission has been requested presents a genuine issue for trial cannot, on that ground alone, object to the request. OH Civ. R. 36 (A)(2) (amended eff 7/1/19).
Scope of Requests for Admission
A party may serve any other party with a written request for the admission of the truth of any matters within the scope of OH Civ R 26(B) that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents. OH Civ. R. 36 (A) (amended eff 7/1/19).
Admitted Unless Expressly Denied
Requests for admission are deemed admitted unless answered or expressly denied within a period designated in the request, not less than 28 days after service of the request. OH Civ. R. 36 (A)(1) (amended eff 7/1/19).
Effect of Admission
Any matter admitted through a request for admission is conclusively established, unless the court permits a withdrawal or amendment of the admission. Any admission made by a party pursuant to a request for admission is for the purpose of the pending action only and is not an admission by the party for any other purpose nor may it be used against the party in any other proceeding. OH Civ. R. 36 (B) (amended eff 7/1/19).
Set Forth Each Statement Separately
Each matter of which an admission is requested must be separately set forth. OH Civ. R. 36 (A)(1) (amended eff 7/1/19).
Clearly Label Document Containing Request for Admission
If a party includes a request for admission in a document containing some other form of discovery, the caption of the document must clearly indicate that the document includes a request for admission. A responding party is otherwise not required to respond to requests for admission. OH Civ. R. 36 (C) (amended eff 7/1/19).
Provide in Editable Electronic Format
The party serving the request for admission shall serve an electronic copy of the request on a shareable medium and in an editable format, by electronic mail, or by other means agreed to by the parties. A party who is unable to provide an electronic copy of a request for admission may seek leave of court to be relieved of this requirement. OH Civ. R. 36 (A) (amended eff 7/1/19).
Expenses on Failure to Supplement or Admit
If a party fails to provide information or identify a witness as required by OH Civ. R. 26(E), the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless.
In addition to or instead of this sanction, the court:
May order payment of the reasonable expenses, including attorney's fees, caused by the failure;
Scope of Discovery
Relevance
Unless otherwise limited by court order, the scope of discovery is as follows:
Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Information within this scope of discovery need not be admissible in evidence to be discoverable.
OH Civ. R. 26 (B)(1) (amended eff 7/1/22).
Modifying Deposition and Other Discovery Procedures by Stipulation
Parties are permitted to stipulate that "depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions" and may stipulate to modifications of the rules for other discovery procedures, unless the court orders otherwise. OH Civ. R. 29.
Permissible Methods and Frequency
Discovery may be obtained through the following methods:
1. Depositions upon oral examination;
2. Depositions on written questions;
Form & Format of Papers
Quote Each Request Before Each Answer or Objection
A party responding to requests for admission must quote each request for admission immediately preceding the corresponding answer or objection. OH Civ. R. 36 (A)(1) (amended eff 7/1/19).
Responses Must Be Signed
All admissions, denials, and objections in response to a request for admission must be signed by the attorney or party making them. OH Civ. R. 36 (A)(1) (amended eff 7/1/19).
Additional Formatting Requirements
See Hamilton County SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
Filing & Service
Filing
Do Not File Discovery Materials
Discovery materials are not filed with court until they are used in the proceeding or the court orders filing. OH Civ. R. 5 (D) (amended eff 7/1/22).
See also Hamilton LR 14 (D).
Service
Service Required
Discovery documents directed to one party should be served on all other parties to the action, unless the court otherwise orders. OH Civ. R. 5 (A) (amended eff 7/1/22).
Electronic Service
The party serving the request shall serve an electronic copy of the request on a shareable medium and in an editable format by electronic mail, or by other means agreed to by the parties. A party who is unable to provide an electronic copy of the interrogatories may seek leave of court to be relieved of this requirement. OH Civ. R. 34 (A) (amended eff 7/1/21).
Method
For additional information, see Hamilton County SmartRules™ procedural guide: SERVICE OF PAPERS.
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