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Civil Procedure

Akron Law Review

Ohio Rules of Civil Procedure

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Refereeing The Referees: The Continuing Procedural Muddle In Cases Of General Reference Pursuant To Ohio Rule Of Civil Procedure 53, Richard P. Perna Jul 2015

Refereeing The Referees: The Continuing Procedural Muddle In Cases Of General Reference Pursuant To Ohio Rule Of Civil Procedure 53, Richard P. Perna

Akron Law Review

The judicial reference device set out in Rule 53 of the Ohio Rules of Civil Procedure was touted in 1974 as a procedure capable of relieving the "problem of justice delayed" by "easing the increasing judicial burden" on a besieged judiciary." While judicial reference is certainly no panacea for the problem (if numbers alone are a valid indicator), it is difficult to refute claims that the reference device contributes to a more efficient and speedy administration of justice.


The Recent Amendment To Ohio Revised Code Section 2317.48, Kim M. Aumiller Jul 2015

The Recent Amendment To Ohio Revised Code Section 2317.48, Kim M. Aumiller

Akron Law Review

Revised Code § 2317.48 was designed to enable a plaintiff to obtain information necessary to the drafting of a complaint. This discovery statute is one of the few statutes which was not repealed with the enactment of the Ohio Rules of Civil Procedure in 1970.

What one will not find, however, is the precise procedure to be followed in utilizing this discovery action. The procedural statutes which existed in the Revised Code were repealed upon enactment of the Civil Rules. Since then it has been difficult to know which procedural rules apply to Revised Code § 2317.48. Before the enactment …