Rule 3. Commencement of Action; Venue

Commencement of Action; Venue.

(A)

Commencement

A civil action is commenced by filing a complaint with the court, if service is obtained

within one year from such filing upon a named defendant, or upon an incorrectly named

defendant whose name is later corrected pursuant to Civ.R. 15(C), or upon a defendant

identified by a fictitious name whose name is later corrected pursuant to Civ.R. 15(D).

(B)

Limited appearance by attorney

An attorney’s role may be limited in scope, as authorized by Prof.Cond.R. 1.2(c), if that

scope is specifically described in a “Notice of Limited Appearance” stating that the limited

appearance has been authorized by the party for whom the appearance is made, and filed

and served in accordance with Civ.R. 5 prior to or at the time of any such appearance. The

attorney’s limited appearance terminates without the necessity of leave of court, upon the

attorney filing a “Notice of Completion of Limited Appearance” filed and served upon all

parties, including the party for whom the appearance was made, in accordance with Civ.R.

5. If there is no objection within ten days of service of this notice, then no entry by the

court is necessary for the termination of the limited appearance to take effect.

(C)

Venue: where proper

Any action may be venued, commenced, and decided in any court in any county. When

applied to county and municipal courts, “county,” as used in this rule, shall be construed,

where appropriate, as the territorial limits of those courts. Proper venue lies in any one or

more of the following counties:

(1)

The county in which the defendant resides;

(2)

The county in which the defendant has his or her principal place of business;

(3)

A county in which the defendant conducted activity that gave rise to the

claim for relief;

(4)

A county in which a public officer maintains his or her principal office if

suit is brought against the officer in the officer’s official capacity;

counties:

(1)

The county in which the defendant resides;

(2)

The county in which the defendant has his or her principal place of business;

(3)

A county in which the defendant conducted activity that gave rise to the

claim for relief;

(4)

A county in which a public officer maintains his or her principal office if

suit is brought against the officer in the officer’s official capacity;

(5)

A county in which the property, or any part of the property, is situated if the

subject of the action is real property or tangible personal property;

(6)

The county in which all or part of the claim for relief arose; or, if the claim

for relief arose upon a river, other watercourse, or a road, that is the

boundary of the state, or of two or more counties, in any county bordering

on the river, watercourse, or road, and opposite to the place where the claim

for relief arose;

(7)

In actions described in Civ.R. 4.3, in the county where plaintiff resides;

(8)

In an action against an executor, administrator, guardian, or trustee, in the

county in which the executor, administrator, guardian, or trustee was

appointed;

(9)

In actions for divorce, annulment, or legal separation, in the county in which

the plaintiff is and has been a resident for at least ninety days immediately

preceding the filing of the complaint;

(10)

In actions for a civil protection order, in the county in which the petitioner

currently or temporarily resides;

(11)

In tort actions involving asbestos claims, silicosis claims, or mixed dust

disease claims, only in the county in which all of the exposed plaintiffs

reside, a county where all of the exposed plaintiffs were exposed to

asbestos, silica, or mixed dust, or the county in which the defendant has his

or her principal place of business.

which the petitioner

currently or temporarily resides;

(11)

In tort actions involving asbestos claims, silicosis claims, or mixed dust

disease claims, only in the county in which all of the exposed plaintiffs

reside, a county where all of the exposed plaintiffs were exposed to

asbestos, silica, or mixed dust, or the county in which the defendant has his

or her principal place of business.

(12)

If there is no available forum in divisions (C)(1) to (C)(10) of this rule, in

the county in which plaintiff resides, has his or her principal place of

business, or regularly and systematically conducts business activity;

(13)

If there is no available forum in divisions (C)(1) to (C)(11) of this rule:

(a)

In a county in which defendant has property or debts owing

to the defendant subject to attachment or garnishment;

(b)

In a county in which defendant has appointed an agent to

receive service of process or in which an agent has been

appointed by operation of law.

(D)

Change of venue

(1)

When an action has been commenced in a county other than stated to be proper in

division (C) of this rule, upon timely assertion of the defense of improper venue as

provided in Civ.R. 12, the court shall transfer the action to a county stated to be

proper in division (C) of this rule.

(2)

When an action is transferred to a county which is proper, the court may assess

costs, including reasonable attorney fees, to the time of transfer against the party

who commenced the action in a county other than stated to be proper in division

(C) of this rule.

as

provided in Civ.R. 12, the court shall transfer the action to a county stated to be

proper in division (C) of this rule.

(2)

When an action is transferred to a county which is proper, the court may assess

costs, including reasonable attorney fees, to the time of transfer against the party

who commenced the action in a county other than stated to be proper in division

(C) of this rule.

(3)

Before entering a default judgment in an action in which the defendant has not

appeared, the court, if it finds that the action has been commenced in a county other

than stated to be proper in division (C) of this rule, may transfer the action to a

county that is proper. The clerk of the court to which the action is transferred shall

notify the defendant of the transfer, stating in the notice that the defendant shall

have twenty-eight days from the receipt of the notice to answer in the transferred

action.

(4)

Upon motion of any party or upon its own motion the court may transfer any action

to an adjoining county within this state when it appears that a fair and impartial trial

cannot be had in the county in which the suit is pending.

(E)

Venue: no proper forum in Ohio

When a court, upon motion of any party or upon its own motion, determines: (1) that the

county in which the action is brought is not a proper forum; (2) that there is no other proper

forum for trial within this state; and (3) that there exists a proper forum for trial in another

jurisdiction outside this state, the court shall stay the action upon condition that all

defendants consent to the jurisdiction, waive venue, and agree that the date of

commencement of the action in Ohio shall be the date of commencement for the application

of the statute of limitations to the action in that forum in another jurisdiction which the

court deems to be the proper forum

in another

jurisdiction outside this state, the court shall stay the action upon condition that all

defendants consent to the jurisdiction, waive venue, and agree that the date of

commencement of the action in Ohio shall be the date of commencement for the application

of the statute of limitations to the action in that forum in another jurisdiction which the

court deems to be the proper forum. If all defendants agree to the conditions, the court

shall not dismiss the action, but the action shall be stayed until the court receives notice by

affidavit that plaintiff has recommenced the action in the out-of-state forum within sixty

days after the effective date of the order staying the original action. If the plaintiff fails to

recommence the action in the out-of-state forum within the sixty day period, the court shall

dismiss the action without prejudice. If all defendants do not agree to or comply with the

conditions, the court shall hear the action.

If the court determines that a proper forum does not exist in another jurisdiction, it shall

hear the action.

(F)

Venue: multiple defendants and multiple claims for relief

In any action, brought by one or more plaintiffs against one or more defendants involving

one or more claims for relief, the forum shall be deemed a proper forum, and venue in the

forum shall be proper, if the venue is proper as to any one party other than a nominal party,

or as to any one claim for relief.

Neither the dismissal of any claim nor of any party except an indispensable party shall

affect the jurisdiction of the court over the remaining parties.

(G)

Venue: notice of pending litigation; transfer of judgments

all be deemed a proper forum, and venue in the

forum shall be proper, if the venue is proper as to any one party other than a nominal party,

or as to any one claim for relief.

Neither the dismissal of any claim nor of any party except an indispensable party shall

affect the jurisdiction of the court over the remaining parties.

(G)

Venue: notice of pending litigation; transfer of judgments

(1)

When an action affecting the title to or possession of real property or tangible

personal property is commenced in a county other than the county in which all of

the real property or tangible personal property is situated, the plaintiff shall cause a

certified copy of the complaint to be filed with the clerk of the court of common

pleas in each county or additional county in which the real property or tangible

personal property affected by the action is situated. If the plaintiff fails to file a

certified copy of the complaint, third persons will not be charged with notice of the

pendency of the action.

To the extent authorized by the laws of the United States, division (G)(1) of this

rule also applies to actions, other than proceedings in bankruptcy, affecting title to

or possession of real property in this state commenced in a United States District

Court whenever the real property is situated wholly or partly in a county other than

the county in which the permanent records of the court are kept.

(2)

After final judgment, or upon dismissal of the action, the clerk of the court that

issued the judgment shall transmit a certified copy of the judgment or dismissal to

the clerk of the court of common pleas in each county or additional county in which

real or tangible personal property affected by the action is situated.

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the county in which the permanent records of the court are kept.

(2)

After final judgment, or upon dismissal of the action, the clerk of the court that

issued the judgment shall transmit a certified copy of the judgment or dismissal to

the clerk of the court of common pleas in each county or additional county in which

real or tangible personal property affected by the action is situated.

(3)

When the clerk has transmitted a certified copy of the judgment to another county

in accordance with division (G)(2) of this rule, and the judgment is later appealed,

vacated, or modified, the appellant or the party at whose instance the judgment was

vacated or modified must cause a certified copy of the notice of appeal or order of

vacation or modification to be filed with the clerk of the court of common pleas of

each county or additional county in which the real property or tangible personal

property is situated. Unless a certified copy of the notice of appeal or order of

vacation or modification is so filed, third persons will not be charged with notice

of the appeal, vacation, or modification.

(4)

The clerk of the court receiving a certified copy filed or transmitted in accordance

with the provisions of division (G) of this rule shall number, index, docket, and file

it in the records of the receiving court. The clerk shall index the first certified copy

received in connection with a particular action in the indices to the records of

actions commenced in the clerk’s own court, but may number, docket, and file it in

either the regular records of the court or in a separate set of records. When the clerk

subsequently receives a certified copy in connection with that same action, the clerk

need not index it, but shall docket and file it in the same set of records under the

same case number previously assigned to the action.

actions commenced in the clerk’s own court, but may number, docket, and file it in

either the regular records of the court or in a separate set of records. When the clerk

subsequently receives a certified copy in connection with that same action, the clerk

need not index it, but shall docket and file it in the same set of records under the

same case number previously assigned to the action.

(5)

When an action affecting title to registered land is commenced in a county other

than the county in which all of such land is situated, any certified copy required or

permitted by this division (G) of this rule shall be filed with or transmitted to the

county recorder, rather than the clerk of the court of common pleas, of each county

or additional county in which the land is situated.

(H)

Venue: collateral attack; appeal

The provisions of this rule relate to venue and are not jurisdictional. No order, judgment,

or decree shall be void or subject to collateral attack solely on the ground that there was

improper venue; however, nothing here shall affect the right to appeal an error of court

concerning venue.

(I)

Definitions

As used in division (C)(11) of this rule:

(1)

“Asbestos claim” has the same meaning as in section 2307.91 of the Revised

Code;

(2)

“Silicosis claim” and “mixed dust disease claim” have the same meaning as

in section 2307.84 of the Revised Code;

(3)

In reference to an asbestos claim, “tort action” has the same meaning as in

section 2307.91 of the Revised Code;

(4)

In reference to a silicosis claim or a mixed dust disease claim, “tort action”

has the same meaning as in section 2307.84 of the Revised Code.