OH · rules
Ohio S.Ct.Prac.R. 12.04
Response to Complaint; Court Action
(A) Time to file response to complaint
(1) Except as provided by Rules 12.08 and 12.09, the respondent shall file an answer
to the complaint or a motion to dismiss within twenty-one days of service of the summons
and complaint.
(2) If an amended complaint is filed under Rule 3.13, and Civ.R. 15(A), the
respondent shall file an answer to the amended complaint or a motion to dismiss within
twenty-one days of the filing of the amended complaint.
(B) Responses
(1) The respondent may file a motion for judgment on the pleadings at the same time
an answer is filed, except when an alternative writ is issued under Rule 12.05. The relator
may not file a motion for judgment on the pleadings or a response to an answer.
(2) The relator may file a memorandum in response to a motion to dismiss or a
memorandum in response to a motion for judgment on the pleadings within ten days of the
filing of the motion.
(3) Neither party may file a motion for summary judgment.
(4) The Clerk of the Supreme Court shall refuse to file a response that is untimely or
prohibited by this rule.
(C) Supreme Court action
After the time for filing an answer to the complaint or a motion to dismiss, the Supreme
Court will dismiss the case; issue an alternative or a peremptory writ, if a writ has not
already been issued; or deny the request for the writ.
History
Effective Date: June 1, 1994 Amended: April 1, 1996; April 1, 2000; August 1, 2002; July 1, 2004; January 1, 2008; January 1, 2010; January 1, 2013; January 1, 2017; April 1, 2025
Provenance
- Source
- supremecourt.ohio.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
7e45eea34964ec9c47c58abc73fbdf944b73f1ecf7e38473d5c3d67af4cdaf74
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