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keithjx Donating Member (758 posts) Send PM | Profile | Ignore Tue Dec-14-04 01:27 PM
Response to Original message
65. Timing
Edited on Tue Dec-14-04 01:53 PM by keithjx
Okay, so this is from Ohio Civil Practice § 55.01 re: Ohio code §3515.08:

The service of a copy of the complaint on the contestee and the setting of the hearing for a contested election not more than 30 days after the filing of the complaint are express condition precedents which must be complied with before a hearing can be held. The defendant has ten days from the time service has been made upon him in which to answer the complaint. The statute gives the contester five days in which to reply to the answer of the contestee. The time limits are shorter than those allowed under the Civil Rules, but are applicable because the nature of the complaint and its effects upon government support a reduced time for disposition.

So 15 days from the 13th is Dec 28th. *co. must respond to the petition by then (assuming it was served on them the same day it was filed). As far the when *co. must respond to the injunction motion, I'm working on that....
Keithjx

On edit: Okay, because they are requesting a TRO (temp. restraining order) along with the permanent injunction, it IS appropriate for the Court to issue the TRO (prohibiting the electors from taking any further action) w/o hearing Shrub's response. Then *co can respond during the permanent injunction hearing. So, it IS appropriate to make some noise to the Ohio Supreme Court and suggest that they issue the TRO.
KJ

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