Re: Responsive pleading
By the letter of the Ohio Rules of Civil Procedure, a Motion to Dismiss under Rule 12(b)(1) is not a responsive pleading. It may be served as part of a responsive pleading, as in an answer, but it is not one by itself. It is not a general consent to jurisdiction, but if I were answering a complaint, I would specifically state that I was only appearing only so far as to contest jurisdiction. A court always has jurisdiction to determine whether it has jurisdiction. I assume that the court is giving the defendant every help as she is a pro se party. As to the documentation needed to rebut this, you need affidavits, responses to interrogatories, and other sworn statements of fact to attach to your response. The Court WILL NOT hold an oral hearing on Def.'s motion, so this is the only way to get these things in. See Ohio Civ. Rule 56. If the time given by the Court for answer has passed, and you have proper service on the Def., you may file for a default judgment under Civ. Rule 55.
As to the items in your earlier posts regarding the conduct of your husband's ex, and whether this court would issue an order regarding that, the answer is no. The general division of common pleas court does not have concurrent jurisdiction over what is essentially a domestic relations matter. If the ex is in contempt of a DR order, then that court's jurisdiction must be invoked to address it.
As I stated in an earlier post, you have a hard road in proving the claims you have stated. For both intentional and negligent infliction of emotional distress, there will be no recovery without proof of an actual physical injury to the plaintiff. Check the case law. As to the fraud, even if you can prove it outside of a DR context, damages are going to be next to impossible to substantiate. If you give me a county and case number, I might be able to give you a little help as far as the motion practice is concerned. You need to able to allege facts that will carry the day under Rules 12(b)(1) and 12(b)(6), as even though the court may have subject matter jurisdiction, you must state a claim on which relief might be granted.
Frank J. Rozanc