Patrick Carroll


The lack of a definition of a trial in the Federal Rules has not posed any serious problems. Unlike the Ohio procedural system, the Federal Rules do not employ the term "trial" to delineate any rights of parties involved in litigation. Thus, there is no pressing need for such a definition in the Federal Rules. Within the Ohio Rules, however, the word "trial "is frequently used to determine the rights of parties. The lack of a workable definition of a trial in the Ohio procedural system has therefore related problems not encountered in the federal courts. 'The first section of this Note will attempt to lay down some general guidelines concerning the definition of a trial. The following section will concentrate on the commencement of trial as that term is used in the Ohio Rules of Civil Procedure. The final section will examine the problems which have arisen in connection with the motion for a new trial.