Rule 1.Scope of Rules: Applicability; Construction; Exceptions
Last amended July 1, 2023 · Last verified July 1, 2026
Full Text of Rule 1
Amendment History
Effective Date: July 1, 1970
Amended: July 1, 1971; July 1, 1975; July 1, 2015; July 1, 2023
Staff Note (July 1, 2015 Amendment)
Division (C) is amended to specifically include, within the exceptions to the application of the Civil Rules, Revised Code Chapter 3107 adoption proceedings, to the extent that the rules would by their nature be clearly inapplicable to those proceedings.
Plain-English Summary
Rule 1 opens the rule book by staking out its own reach. It covers every civil case, at law or in equity, in every court in Ohio — common pleas, municipal, and county courts alike. That reach is one reason Ohio no longer needs separate procedures for legal and equitable claims.
Division (B) tells courts how to read the rules: to cut delay, expense, and other roadblocks to a just result. The rules are meant to move a case forward, not to trip up a party over a technicality.
Division (C) lists eight kinds of proceedings — appeals, property appropriation, forcible entry and detainer, small claims, reciprocal support actions, commitment of the mentally ill, adoption, and other special statutory proceedings — where the Civil Rules step aside. But that exception only applies when a rule would, by its nature, not fit the special proceeding. If a statute sends a special proceeding back to the general rules governing civil actions, the Civil Rules control anyway.
A 2023 addition, division (D), makes clear that letting parties, attorneys, or witnesses appear or testify by live two-way video does not strip a court of its power to order someone to show up in person.
Frequently Asked Questions
What kinds of cases does Rule 1 exclude from the Civil Rules?
Eight categories: appeals of a judgment, order, or ruling; appropriation of property; forcible entry and detainer; small claims matters; uniform reciprocal support actions; commitment of the mentally ill; adoption proceedings; and other special statutory proceedings.
Do the Civil Rules ever apply to those excluded proceedings anyway?
Yes. The exclusion only holds where a Civil Rule would, by its nature, clearly not fit the special proceeding. Where a statute directs that a special proceeding follow the general rules for civil actions, the Civil Rules apply in full.
Can a judge still require someone to appear in person even though remote technology is available?
Yes. Rule 1(D) says the option to use live two-way video and audio does not limit a court’s power to order a party, attorney, or witness to physically appear at a proceeding.