Cuyahoga Metropolitan Housing Authority v. Jackson

At issue is the applicability of Civ. R. 53(E) and 54(B) to actions in forcible entry and detainer. While the Rules of Civil Procedure are generally applicable to all civil proceedings in Ohio, the drafters carved out certain exceptions to their use, as provided in Civ. R. 1(C):

“These rules, to the extent that they would by their nature be clearly inapplicable, shall not apply to procedure * * * (3) in forcible entry and detainer, ***.”

Therefore, we must determine whether Civ. R. 53(E) and 54(B) are “by their nature * * * clearly inapplicable” to forcible entry and detainer proceedings.

Forcibl…