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State ex rel. Ascani v. Stark Cty. Bd. of Elections

Citations: 83 Ohio St. 3d 1443; 700 N.E.2d 328; 1998 Ohio LEXIS 2800Docket: 98-1914

Court: Ohio Supreme Court; October 2, 1998; Ohio; State Supreme Court

Narrative Opinion Summary

A complaint for writs of prohibition and mandamus regarding an expedited election matter was filed in this court. The motion for leave to intervene by the city of Canton was granted. The court ordered that the intervenor must submit a supporting brief within two days from the order's date. Respondents are required to file a response brief within two days after the intervenor's brief is filed, and the intervenor may file a reply brief within two days of the respondents' brief. This briefing schedule remains unchanged for the relator’s and respondents’ briefs as per S.Ct. Prac.R. X(9), and no extensions to this schedule are allowed.

Legal Issues Addressed

Briefing Schedule and Deadlines

Application: The court sets a strict briefing schedule for the intervenor and respondents, with no extensions permitted, ensuring prompt resolution.

Reasoning: The court ordered that the intervenor must submit a supporting brief within two days from the order's date. Respondents are required to file a response brief within two days after the intervenor's brief is filed, and the intervenor may file a reply brief within two days of the respondents' brief.

Intervention in Judicial Proceedings

Application: The city of Canton is granted leave to intervene in the case, allowing it to participate in the proceedings with specific briefing deadlines.

Reasoning: The motion for leave to intervene by the city of Canton was granted.

Non-extension of Briefing Deadlines

Application: The court emphasizes that the established briefing schedule is mandatory and not subject to extension to maintain expedited proceedings.

Reasoning: This briefing schedule remains unchanged for the relator’s and respondents’ briefs as per S.Ct. Prac.R. X(9), and no extensions to this schedule are allowed.

Writs of Prohibition and Mandamus in Expedited Election Matters

Application: The court considers a complaint for writs of prohibition and mandamus in an expedited manner due to the nature of the election matter.

Reasoning: A complaint for writs of prohibition and mandamus regarding an expedited election matter was filed in this court.