Overview of the Litigation Process in Ohio
No matter how careful you are, if you have a business, at some point or other you may find yourself drawn into the legal system. As Michael Hamblin of the Michigan Business Lawyer Blog points out, it is important to understand how the process works to avoid (or at least minimize) unrealistic expectations and/or frustration. to help make sense of the way litigation works, Mike has written a series of posts, beginning with an overview of the process, explaining the various aspects typically found in a case once a Complaint has been filed.
Although there are some differences from one court to another, Mike's summary is generally applicable to courts in Ohio as well. I have added some additional comments from my perspective as an Ohio business lawyer. Click here for a diagram showing the structure of the Ohio judicial system.
Mike divides the process chronologically into five parts, namely
Initial Pleadings. All litigation starts with the filing of a Complaint. The person or business initiating legal action is called the "plaintiff". Mike explains the need at this point for both sides to decide whether they would prefer to have a trial in front of a jury or before a judge. As in Michigan, the person or business against whom the Complaint is filed - known as the "defendant" - must assert "affirmative defenses" in an "Answer" which would contradict and defeat what the Complaint claims occurred. In state court in Ohio, defendants have 28 days, a week longer than in Michigan, to respond to the Complaint by filing their Answer or certain other pleadings in appropriate cases.
In Ohio, cases seeking more than $15,000 must be filed in the Court of Common Pleas. if the plaintiff is seeking less than this, the case may be filed in the appropriate Municipal Court pursuant to Ohio Rev. Code 1901.17 or in the case of very small cases under $3,000 in Small Claims Court (or in some areas of the State, "Mayor's Court"), if the plaintiff so chooses. Cases filed in Small Claims Court can be transferred to Municipal Court at the request of the defendat. If the defendant has a countervailing claims against the plaintiff (which is known as a "counterclaim") which is greater than the amount allowed in Muicipal Court, Small Claims Court, or Mayor's Court, the entire case is transferred to the Court of Common Pleas. For information about Small claims Court in Franklin County, Ohio, click here. For links to many of the trial and appellate courts in Ohio, click here.
"Discovery". Mike also explains the next phase typically referred to as "discovery" and describes the different sorts of activites this entails. Basically, "discovery" is about asking questions, either orally or in writing, about the claims the other side is maing. it is also the means by which each side is required to provide the other with copies of documents that "back up" their story. As Mike points out, this can be an extremely time consuming (sometimes months) and often quite expensive aspect of the litigation process.
UPDATE: Chris Moander (Hi Chris, welcome to the blogosophere!) of the still fairly new Wisconsin Business Law and Litigation blog posted a terrific four-part series about "Fun with Discovery: How Discovery Works in Wisconsin". While there may be some subtle differences between Wisconsin and Ohio law, what Chris has written is largely applicable to cases in Ohio as well. For anyone caught up in the discovery process and wondering what the point of it all is, this is "must" reading.
Summary Judgment. Once discovery is complete, or a party has opted to forgo all or a portion of discovery, either the plaintiff or the defendant may decide to seek "summary judgment" on some or all of their claims. If summary judgment is granted, the case is over and there is no trial. This is possible if, given the "benefit of the doubt:, there is no "genuine" dispute of "material" (i.e. important) facts and one party is entitled to judgment as a matter of law. If there is a lot of disagreement about the relevant facts, it is unlikely that summary judgment wil be granted to either side.
Trial. A trial can be held in front of a judge, or if requested at the time the defendant's initial pleadings, before a jury. Somtimes "trial briefs" - which are generally not brief - are filed which outline the applicable law each side thinks should be applied to the issues in the case. Depending upon the complexity of the case and the nature of the issues involved, a trial may last only a few hours or many weeks. Trials are rarely, if ever, as exciting as they sometimes appear on TV or in movies.
After "opening statements", both sides have the opportunity to present evidence. Evidence can be in the form of documents known as "exhibits" or through the testimony of various individuals known as "witnesses". Cases involving business or commercial disputes are usually "bench" trials heard only by a judge. Sometimes the judge will rule immediately at the conclusion of the trial, but more often it will be several weeks before the judge issues a deicison. As mike points out, having quality legal representation is key to maximizing the likelihood of success.
Post-trial/Appellate Proceedings. As in Michigan, parties unhappy with the outcome of trial or grant of summary judgment may appeal the judgment, first to the applicable regional Court of Appeals and then to the Ohio Supreme Court. That appeal must be filed within thirty days after the final judgment is entered. As in Michigan, appeals from the Court of Appeals to the Ohio Supreme Court are discretionary in nature. this means they are permitted only if the Ohio Supreme Court accepts jurisdiction after reviewing the appellant's Memorandum in Support of Jurisdction and the appellee's countervailing brief. Oho Court of Appeals' jduges and Ohio Supreme Court Justices, like their trial court counterparts, are elected by Ohio voters.
Consensual Resolution. If a case is going to be resolved by the parties themselves rather than leaving it to a judge or jury, there are several points along this timeline where this typically occurs. Shortly after the Complaint is filed and before either side has committed substantial resources of time or money, cases are often settled. At various points during discovery is another common time when cases are resolved by the parties. And many cases are settled just before trial. An experienced attorney can be helpful in identifying these windows of opportunity.
N.B. - Acccidentally deleted this post and had to recover it,
