This article will provide an in depth analysis of Rule 3(A). The analysis is divided into four sections. The first section examines the historical development of Rule 3(A) and the problems that developed and exist today. Section two discusses the meanings and specific interpretations given to the language of the rule. The unstated prerequisites of existence and capacity are analyzed in section three. And, in section four, Rule 3(A)'s forgotten defense is discussed and a model is developed for using the defense of failure to commence.
Scigliano, Virginia L.
"Failure of Commencement, The Forgotten Defense - A Comment on Ohio Civil Rule 3(A),"
Akron Law Review: Vol. 16:
2, Article 4.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol16/iss2/4