Ohio discovery deadlines: the requesting party sets the date, subject to a 28-day floor

Ohio's written-discovery rules differ from the federal model in two structural ways that change how the calendar works: the deadline is designated rather than fixed, and the numeric limit is higher.

The requesting party designates the deadline

Interrogatories — Civ.R. 33(A): the party served must serve answers and objections

within a period designated by the party submitting the interrogatories, not less than twenty-eight days after the service of the interrogatories, or within such shorter or longer time as the court may allow.

Document requests — Civ.R. 34(B)(1): the party served "shall serve a written response within a period designated in the request that is not less than twenty-eight days after the service of the request or within a shorter or longer time as the court may allow."

Requests for admission — Civ.R. 36(A): the matter is admitted unless, "within a period designated in the request, not less than twenty-eight days after service of the request or within such shorter or longer time as the court may allow," the party serves a written answer or objection.

All three work the same way. The serving party names the date; the rule supplies a floor of 28 days; and the court can move it either way.

Two consequences. Read the request, not the rule — the deadline is on the paper you were served with, and it may be longer than 28 days. And a request that designates no period, or designates fewer than 28 days, is measured against the floor.

Twenty-eight days is also longer than the 30-day norm is short: Ohio's floor is four days shorter than the federal and North Carolina periods, and it starts running immediately.

Forty interrogatories, not twenty-five

Civ.R. 33(A):

Any party, without leave of court, may serve upon any other party up to forty written interrogatories to be answered by the party served. … A party shall not propound more than forty interrogatories to any other party without leave of court. Upon motion, and for good cause shown, the court may reduce or extend the number of interrogatories that a party may serve upon another party.

Forty per party, and the court can adjust in either direction — including downward, which the federal rule doesn't expressly provide for.

Discovery must be served in an editable, shareable format

A requirement with no federal counterpart. Civ.R. 33(A):

Whenever feasible, the party serving the interrogatories shall serve them pursuant to Civ.R. 5(B)(2)(f) or (B)(3) on a shareable medium and in an editable format. If the party being served is unrepresented by counsel, the serving party also shall provide a paper copy of the interrogatories to the unrepresented party. A party who is unable to serve the interrogatories electronically may serve them by other means permitted under Civ.R. 5(B)(2).

Civ.R. 34 carries a parallel provision for document requests, including that a party unable to provide an electronic copy "may seek leave of court to be relieved of this requirement."

The practical point: Ohio expects discovery to arrive in a form you can type your answers into.

Requests for admission have their own formatting rule

Civ.R. 36(A): each matter of which an admission is requested must be separately set forth, and

The party to whom the requests for admissions have been directed shall quote each request for admission immediately preceding the corresponding answer or objection.

Ohio requires the request to be reproduced above each response — a formatting requirement, but a mandatory one.

And the consequence of silence is the same as the federal rule: "The matter is admitted unless, within [the designated period], … the party to whom the request is directed serves … a written answer or objection."

Unlike California, where a deemed admission requires a motion under CCP 2033.280(b), Ohio's admission is automatic — as under FRCP 36(a)(3).

Scope, and the work-product line

Civ.R. 26(B) sets the scope. Ohio permits discovery of any matter, not privileged, that is relevant to any party's claim or defense and proportional to the needs of the case — language that tracks the 2015 federal amendments.

Trial-preparation materials are protected under Civ.R. 26(B)(4), discoverable only on a showing of substantial need and inability to obtain the substantial equivalent without undue hardship, with the mental impressions, conclusions, opinions and legal theories of an attorney protected against disclosure.

Compelling and sanctions

Civ.R. 37 supplies the motion to compel and the sanctions ladder. Civ.R. 37(A) requires a motion to compel to be accompanied by a statement reciting the efforts made to resolve the matter — Ohio's analogue to the federal conferral certification.

Civ.R. 37(B) sets out the orders available where a party fails to obey a discovery order, running from deeming facts established through preclusion, striking pleadings, staying proceedings, dismissal and default.

Ohio's rule does not contain California's automatic waiver of all objections on a late response. What it has is the deemed admission under Civ.R. 36, and the Civ.R. 37 machinery for everything else.

How Ohio compares

A short checklist

1. Read the designated date on the request, not the rule. It may be more than 28 days.
2. If it's fewer than 28 days, the floor governs, and the court can adjust either way on motion.
3. Count your interrogatories against 40, and note the court can reduce that number for good cause.
4. Serve in an editable format, and add a paper copy for an unrepresented party.
5. Quote each request for admission above your answer — Civ.R. 36(A) requires it.
6. Watch requests for admission above all else — silence admits, automatically.

Where these rules live

• Ohio Civ.R. 26 — General Provisions Governing Discovery
• Ohio Civ.R. 33 — Interrogatories to Parties
• Ohio Civ.R. 34 — Producing Documents and ESI
• Ohio Civ.R. 36 — Requests for Admission
• Ohio Civ.R. 37 — Failure to Make Discovery; Sanctions
• Ohio Civ.R. 6 — Time

Each court of common pleas publishes local rules that may set case-management deadlines on top of these. This page explains what the rules say. It isn't legal advice.