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State ex rel. Brookwood Presbyterian Church v. Ohio Dept. of Edn.

Citations: 124 Ohio St. 3d 1439; 920 N.E.2d 371Docket: 2009-2055

Court: Ohio Supreme Court; January 26, 2010; Ohio; State Supreme Court

Narrative Opinion Summary

An alternative writ is granted sua sponte in a mandamus case, and a briefing schedule is established. The parties must file any evidence they intend to present within 20 days from this entry. The relator has 10 days to file a brief following the evidence submission. The respondent is required to file a brief within 20 days after the relator's brief. Finally, the relator may submit a reply brief within 7 days after the respondent's brief is filed. This schedule follows the guidelines set forth in S.Ct. Prac. R. 10.6.

Legal Issues Addressed

Briefing Schedule for Relator in Mandamus Proceedings

Application: The relator is given a 10-day period to file a brief following the submission of evidence.

Reasoning: The relator has 10 days to file a brief following the evidence submission.

Briefing Schedule for Respondent in Mandamus Proceedings

Application: The respondent must file a brief within 20 days after the relator's brief is submitted.

Reasoning: The respondent is required to file a brief within 20 days after the relator's brief.

Compliance with Supreme Court Practice Rules in Mandamus Cases

Application: The briefing schedule adheres to the guidelines outlined in the Supreme Court Practice Rules, specifically S.Ct. Prac. R. 10.6.

Reasoning: This schedule follows the guidelines set forth in S.Ct. Prac. R. 10.6.

Evidence Submission Timeline in Mandamus Cases

Application: Parties are required to submit any evidence they intend to present within a 20-day period from the date of the court's entry.

Reasoning: The parties must file any evidence they intend to present within 20 days from this entry.

Issuance of Alternative Writ in Mandamus Proceedings

Application: An alternative writ is granted by the court on its own motion, initiating the mandamus process and setting deadlines for evidence and brief submissions.

Reasoning: An alternative writ is granted sua sponte in a mandamus case, and a briefing schedule is established.

Reply Brief Timeline for Relator in Mandamus Cases

Application: The relator is allowed a 7-day period to submit a reply brief following the filing of the respondent's brief.

Reasoning: Finally, the relator may submit a reply brief within 7 days after the respondent's brief is filed.