Help With Motion In Ohio
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The law allows a party to refile a complaint that has been dismissed without prejudice within one year of the claim's dismissal.
(c) If service of process is refused or was unclaimed, the Clerk shall forthwith electronically file a Return of Service Unexecuted which shall serve as notice to the attorney of record or if there is no attorney of record, the party at whose instance process was issued (who shall be copied by regular mail), that ...
(C)Time: Motion (1)Motion responses and movants' replies generally. Responses to a written motion, other than motions for summary judgment, may be served within fourteen days after service of the motion.
Rule 41(a) (2) deals with a dismissal by order of the court, which may be upon such terms as the court deems proper. It further provides that voluntary dismissal cannot defeat a counterclaim already pleaded. A dismissal under this paragraph is without prejudice unless otherwise specified in the order.
After the plaintiff, in an action tried by the court without a jury, has completed the presentation of the plaintiff's evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has ...
Cases that have been on the docket for six months without any proceedings taken in the case, except cases awaiting trial assignment, shall be dismissed, after notice to counsel of record, for want of prosecution, unless good cause be shown to the contrary.
Ohio Civil Rule 41(A) provides several methods for a plaintiff to dismiss a case. When a plaintiff dismisses a case without prejudice, typically that is done by filing a notice of dismissal.
Except for motions made during a hearing or during trial, motions are required to be in writing. They must also be filed in court and served on the opposing party's attorney (or the party if not represented by counsel).
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