reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2503 | Supreme Court › Section 2503.43 | Supreme Court Need Not Determine Weight of Evidence.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
In a civil case or proceeding, except when its jurisdiction is original and except as provided by section 2309.59 of the Revised Code, the supreme court need not determine as to the weight of the evidence.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2503 | Supreme Court › Section 2503.44 | Remand Final Decrees, Judgments, or Orders.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
The supreme court may remand its final decrees, judgments, or orders in cases brought before it on appeal to the court below for specific or general execution, or to the inferior courts for further proceedings.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2503 | Supreme Court › Section 2503.45 | Entity to Operate and Maintain the Facilities and Attendant Exterior Grounds of State-Owned Real Estate Located in Franklin County.

Effective:
March 2, 2004
Latest Legislation:
House Bill 388 - 125th General Assembly
(A) The supreme court may create a board, commission, or other entity to be responsible for the operation and maintenance of the facilities and attendant exterior grounds included within the real estate described in division (A) of Section 2 of Sub. House Bill No. 388 of the 125th general assembly. The supreme court may authorize any board, commission, or other entity so created to establish a trust for the purpose of receiving, restoring, maintaining, and displaying items of historic, artistic, or educational value in the facilities or on the grounds.
(B) The facilities and attendant exterior grounds granted to the supreme court pursuant to division (A) of Section 2 of Sub. House Bill No. 388 of the 125th general assembly, and any income from the possession or operation of those facilities and grounds, are exempt from taxation and assessments.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.01 | Procedure on Appeal Definitions.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
(A) As used in the Revised Code, unless the context requires a different meaning:
(1) "Appeal" means all proceedings in which a court reviews or retries a cause determined by another court, or by an administrative officer, agency, board, department, tribunal, commission, or other instrumentality.
(2) "Appeal on questions of law" means a review of a cause upon questions of law, including the weight and sufficiency of the evidence.
(3) "Appeal on questions of law and fact" or "appeal on questions of fact" means a rehearing and retrial of a cause upon the law and the facts.
(B) As used in this chapter, "administrative-related appeal" means an appeal to a court of the final order of an administrative officer, agency, board, department, tribunal, commission, or other instrumentality.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.03 | Appeal of Final Order, Judgment, or Decree.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
(A) Every final order, judgment, or decree of a court and, when provided by law, the final order of any administrative officer, agency, board, department, tribunal, commission, or other instrumentality may be reviewed on appeal by a court of common pleas, a court of appeals, or the supreme court, whichever has jurisdiction.
(B) Unless, in the case of an administrative-related appeal, Chapter 119. or other sections of the Revised Code apply, such an appeal is governed by this chapter and, to the extent this chapter does not contain a relevant provision, the Rules of Appellate Procedure. When an administrative-related appeal is so governed, if it is necessary in applying the Rules of Appellate Procedure to such an appeal, the administrative officer, agency, board, department, tribunal, commission, or other instrumentality shall be treated as if it were a trial court whose final order, judgment, or decree is the subject of an appeal to a court of appeals or as if it were a clerk of such a trial court.
(C) An appeal of a final order, judgment, or decree of a court shall be governed by the Rules of Appellate Procedure or by the Rules of Practice of the Supreme Court, whichever are applicable, and, to the extent not in conflict with those rules, this chapter.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.04 | Perfecting an Appeal.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
An appeal is perfected when a written notice of appeal is filed, in the case of an appeal of a final order, judgment, or decree of a court, in accordance with the Rules of Appellate Procedure or the Rules of Practice of the Supreme Court, or, in the case of an administrative-related appeal, with the administrative officer, agency, board, department, tribunal, commission, or other instrumentality involved. If a leave to appeal from a court first must be obtained, a notice of appeal also shall be filed in the appellate court. After being perfected, an appeal shall not be dismissed without notice to the appellant, and no step required to be taken subsequent to the perfection of the appeal is jurisdictional.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.05 | Notice of Appeal.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
The notice of appeal described in section 2505.04 of the Revised Code shall conform, in the case of an appeal of a final order, judgment, or decree of a court, with the Rules of Appellate Procedure or the Rules of Practice of the Supreme Court and shall designate, in the case of an administrative-related appeal, the final order appealed from and whether the appeal is on questions of law or questions of law and fact. In the notice, the party appealing shall be designated the appellant, and the adverse party, the appellee. In the case of an administrative-related appeal, the failure to designate the type of hearing upon appeal is not jurisdictional, and the notice of appeal may be amended with the approval of the appellate court for good cause shown.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.06 | Bond on Administrative-Related Appeal.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
Except as provided in section 2505.12 of the Revised Code, no administrative-related appeal shall be effective as an appeal upon questions of law and fact until the final order appealed is superseded by a bond in the amount and with the conditions provided in sections 2505.09 and 2505.14 of the Revised Code, and unless such bond is filed at the time the notice of appeal is required to be filed.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.07 | Time for Perfecting Appeal.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
After the entry of a final order of an administrative officer, agency, board, department, tribunal, commission, or other instrumentality, the period of time within which the appeal shall be perfected, unless otherwise provided by law, is thirty days.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.073 | Appeal Denial of Abortion by Minor.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
(A) A complainant whose complaint under section 2151.85 of the Revised Code is dismissed by a juvenile court, may appeal in accordance with this section. Within four days after a notice of appeal is filed in an action arising under that section, the clerk of the juvenile court shall deliver a copy of the notice of appeal and the record on appeal to the clerk of the court of appeals named in the notice. Upon receipt of the notice and record, the clerk of the court of appeals shall place the appeal on the docket of the court.
The appellant shall file her brief within four days after the appeal is docketed. Unless the appellant waives the right to oral argument, the court of appeals shall hear oral argument within five days after the appeal is docketed. The court of appeals shall enter judgment in the appeal immediately after the oral argument or, if oral argument has been waived, within five days after the appeal is docketed.
No filing fee shall be required of, and no court costs shall be assessed against, an appellant who appeals under this section.
Upon motion of the appellant and for good cause shown, the court of appeals may shorten or extend any of the maximum times set forth in this division. However, in any case, if judgment is not entered within five days after the appeal is docketed, the failure to enter the judgment shall be considered to be a constructive order of the court authorizing the appellant to consent to the performance or inducement of an abortion without the notification of her parent, guardian, or custodian, and the appellant and any other person may rely on the constructive order to the same extent as if the court actually had entered a judgment under this section authorizing the appellant to consent to the performance or inducement of an abortion without such notification.
In the interest of justice, the court of appeals, in an appeal in accordance with this section, shall liberally modify or dispense with the formal requirements that normally apply as to the contents and form of an appellant's brief.
(B) All proceedings under division (A) of this section shall be conducted in a manner that will preserve the anonymity of the appellant on appeal. All papers and records that pertain to an appeal under this section shall be kept confidential and are not public records under section 149.43 of the Revised Code.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.08 | Complete Transcript of Original Papers, Testimony, and Evidence Taken Into Consideration in Issuing Final Order.

Effective:
August 17, 2006
Latest Legislation:
House Bill 23 - 126th General Assembly
In the case of an administrative-related appeal other than an expedited appeal brought under sections 2506.05 to 2506.08 of the Revised Code, within forty days after the filing of a notice of appeal or the obtaining of a leave to appeal, as described in section 2505.04 of the Revised Code, the administrative officer, agency, board, department, tribunal, commission, or other instrumentality whose final order is being appealed shall prepare and file in the court to which the appeal is taken a complete transcript of all the original papers, testimony, and evidence offered, heard, and taken into consideration in issuing the final order. The costs of the transcript shall be taxed as part of the costs of the appeal.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.09 | Stay of Execution - Supersedeas Bond.

Effective:
June 28, 2002
Latest Legislation:
Senate Bill 161 - 124th General Assembly
Except as provided in section 2505.11 or 2505.12 or another section of the Revised Code or in applicable rules governing courts, an appeal does not operate as a stay of execution until a stay of execution has been obtained pursuant to the Rules of Appellate Procedure or in another applicable manner, and a supersedeas bond is executed by the appellant to the appellee, with sufficient sureties and in a sum that is not less than, if applicable, the cumulative total for all claims covered by the final order, judgment, or decree and interest involved, except that the bond shall not exceed fifty million dollars excluding interest and costs, as directed by the court that rendered the final order, judgment, or decree that is sought to be superseded or by the court to which the appeal is taken. That bond shall be conditioned as provided in section 2505.14 of the Revised Code.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.10 | Supersedeas Bond - Sufficiency of Sureties.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
Before a supersedeas bond shall operate to stay execution of a final order, judgment, or decree, its execution and the sufficiency of its sureties shall be approved by the court in which the final order, judgment, or decree was rendered or by the court to which the appeal is taken. In the case of an appeal of a final order, judgment, or decree of a court, the approval shall be obtained pursuant to the Rules of Appellate Procedure or in another applicable manner.
If a supersedeas bond is approved in connection with any appeal, the fact of approval shall be indorsed on the bond, and the bond shall be filed in the office of the clerk of the court in which the final order, judgment, or decree was rendered or, in the case of an administrative-related appeal, of the court to which the appeal is taken, for the appellee.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.11 | Substitute for Supersedeas Bond.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
A conveyance of property may be ordered by a court instead of a supersedeas bond in connection with an appeal, and, if a conveyance of property is so ordered, the conveyance may be executed and deposited with the clerk of the court in which the final order, judgment, or decree was rendered, or, in the case of an administrative-related appeal, with the clerk of the court to which the appeal is taken, to abide the judgment of the reviewing court.
In any appeal, in lieu of filing a supersedeas bond, an appellant may deposit an amount of money equal to that specified for the bond with the clerk of the appropriate court to abide the result of the appeal and the conditions specified by the court.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.12 | No Supersedeas Bond Required for Certain Appeals.

Effective:
July 11, 2001
Latest Legislation:
House Bill 35 - 124th General Assembly
An appellant is not required to give a supersedeas bond in connection with any of the following:
(A) An appeal by any of the following:
(1) An executor, administrator, guardian, receiver, trustee, or trustee in bankruptcy who is acting in that person's trust capacity and who has given bond in this state, with surety according to law;
(2) The state or any political subdivision of the state;
(3) Any public officer of the state or of any of its political subdivisions who is suing or is sued solely in the public officer's representative capacity as that officer.
(B) An administrative-related appeal of a final order that is not for the payment of money.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.13 | Supersedeas Bond Lien Upon the Land of the Sureties.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
If a supersedeas bond has been executed and filed and the surety is one other than a surety company, the clerk of the court with which the bond has been filed, upon request, shall issue a certificate that sets forth the fact that the bond has been filed and that states the style and number of the appeal, the amount of the bond, and the sureties on it. Such a certificate may be filed in the office of the county recorder of any county in which the sureties may own land, and, when filed, the bond shall be a lien upon the land of the sureties in such county. The lien shall be extinguished upon the satisfaction, reversal, or vacation of the final order, judgment, or decree involved, or by an order of the court that entered the final order, judgment, or decree, that releases the lien or releases certain land from the operation of the lien.
The clerk shall issue a notice of discharge of such a lien, which shall be filed in the office of any county recorder in whose office the certificate of lien was filed. Such notice shall state that the final order, judgment, or decree involved is satisfied, reversed, or vacated, or that an order has been entered that releases the lien or certain land from the operation of the lien. The county recorder shall properly record the certificates and notices in the official records provided for in section 317.08 of the Revised Code and shall index them in the indexes provided for in section 317.18 of the Revised Code.
The fee for issuing such a certificate or notice shall be as provided by law, and shall be taxed as part of the costs of the appeal. A county recorder shall receive a base fee of fifty cents for filing and indexing such a certificate, and a housing trust fund fee of fifty cents pursuant to section 317.36 of the Revised Code.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.14 | Conditions of Supersedeas Bond.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
A supersedeas bond shall be payable to the appellee or otherwise, as may be directed by the court, when the conflicting interests of the parties require it, and shall be subject to the condition that the appellant shall abide and perform the order, judgment, or decree of the appellate court and pay all money, costs, and damages which may be required of or awarded against him upon the final determination of the appeal and subject to any other conditions that the court provides. When the final order, judgment, or decee appealed is for the payment of money, the bond may provide that, if the final order, judgment, or decree is not paid upon final affirmance, it may be entered against the sureties on the bond.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.15 | Appeal When Interest of Party Is Distinct From Others Involved in Action.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
If the interest of a party is distinct from that of all others in an action or proceeding, and the party desires to appeal his part of it, the appeal shall be so allowed by the court, and any supersedeas bond shall be fixed accordingly. The court shall make such order as to the papers, pleadings, and other documents of the action or proceeding, or copies of them, and shall make such other orders, as it considers appropriate in view of the division of the action or proceeding for appeal.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.16 | Bond Insufficient.

Effective:
June 28, 2002
Latest Legislation:
Senate Bill 161 - 124th General Assembly
When a surety upon a supersedeas bond has moved out of the state or is not sufficient, or if the bond is insufficient in form or amount, on motion, the appellate court may order its change or renewal, or that a new supersedeas bond be given, with security to be approved by the court and in an amount to be determined with the limitations specified in section 2505.09 of the Revised Code. If that order is not complied with, the stay of execution shall cease to operate.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.20 | Judgment or Order Against Sureties.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
Upon the affirmance of a final order, judgment, or decree by an appellate court, a judgment or order may be entered against the sureties on any supersedeas bond involved when the mandate of affirmance from the appellate court is filed in the trial court or with the administrative officer, agency, board, department, tribunal, commission, or other instrumentality involved.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.22 | Filing Assignments of Error.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
In connection with an appeal of a final order, judgment, or decree of a court, assignments of error may be filed by an appellee who does not appeal, which assignments shall be passed upon by a reviewing court before the final order, judgment, or decree is reversed in whole or in part. The time within which assignments of error by an appellee may be filed shall be fixed by rule of court.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.34 | Appeal on Questions of Law and Fact Damages.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
In an appeal on questions of law and fact, if the judgment of an appellate court is substantially the same as the final order of an administrative officer, agency, board, department, tribunal, commission, or other instrumentality, whose final order is the subject of the appeal, or if such an appeal is dismissed for want of prosecution, damages may be awarded as follows:
(A) If the judgment involves the payment of money other than in a nominal amount, unless the appellate court is satisfied that there were reasonable grounds for the appeal, it shall be adjudged that the appellant pay the appellee five per cent on the amount of that money or, if the court is satisfied that the appeal was for delay merely, that he pay ten per cent on the amount of that money.
(B) In other appeals, including those in which a judgment is for a nominal and amount of money, costs only, or both, unless the court is satisfied that a reasonable ground existed for the appeal, it shall grant damages to the appellee in any sum considered reasonable, not exceeding two hundred dollars.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.35 | Appeal on Questions of Law Damages.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
In an appeal on questions of law, if the final order, judgment, or decree is affirmed, or if the appeal is dismissed for want of prosecution, as part of the costs in the case there may be taxed a reasonable fee of not more than two hundred fifty dollars, to be fixed by the appellate court, for the counsel of the appellee. The appellate court may grant damages to the appellee in any reasonable sum not exceeding one thousand dollars, unless the final order, judgment, or decree of the lower court or of the administrative officer, agency, board, department, tribunal, commission, or other instrumentality involved directs the payment of money and execution was stayed on appeal in the appellate court. If such execution was stayed on appeal, in lieu of such damages, the final order, judgment, or decree shall bear additional interest, at a rate not exceeding five per cent per annum, for the time it was stayed, to be ascertained and awarded by the court. If the appellate court certifies in its judgment that there was reasonable cause for the appeal, such fee, additional interest, and damages shall not be taxed, adjudged, or awarded.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.39 | Remand of Cases.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
A court that reverses or affirms a final order, judgment, or decree of a lower court upon appeal on questions of law, shall not issue execution, but shall send a special mandate to the lower court for execution or further proceedings.
The court to which such mandate is sent shall proceed as if the final order, judgment, or decree had been rendered in it. On motion and for good cause shown, it may suspend an execution made returnable before it, as if the execution had been issued from its own court. Such suspension shall extend only to stay proceedings until the matter can be further heard by the court of appeals or the supreme court.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2505 | Procedure on Appeal › Section 2505.44 | Compelling Completion of Transcripts of Actions or Proceedings.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
Courts may compel transcripts of actions or proceedings, that relate to a final order, judgment, or decree sought to be reversed, to be furnished, completed, or perfected.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2506 | Appeals From Orders of Administrative Officers and Agencies › Section 2506.01 | Appeal From Decisions of Agency of Political Subdivisions.

Effective:
August 17, 2006
Latest Legislation:
House Bill 23 - 126th General Assembly
(A) Except as otherwise provided in sections 2506.05 to 2506.08 of the Revised Code, and except as modified by this section and sections 2506.02 to 2506.04 of the Revised Code, every final order, adjudication, or decision of any officer, tribunal, authority, board, bureau, commission, department, or other division of any political subdivision of the state may be reviewed by the court of common pleas of the county in which the principal office of the political subdivision is located as provided in Chapter 2505. of the Revised Code.
(B) The appeal provided in this section is in addition to any other remedy of appeal provided by law.
(C) As used in this chapter, "final order, adjudication, or decision" means an order, adjudication, or decision that determines rights, duties, privileges, benefits, or legal relationships of a person, but does not include any order, adjudication, or decision from which an appeal is granted by rule, ordinance, or statute to a higher administrative authority if a right to a hearing on such appeal is provided, or any order, adjudication, or decision that is issued preliminary to or as a result of a criminal proceeding.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2506 | Appeals From Orders of Administrative Officers and Agencies › Section 2506.02 | Notice of Appeal - Filing Transcript.

Effective:
August 17, 2006
Latest Legislation:
House Bill 23 - 126th General Assembly
Within forty days after filing a notice of appeal in relation to a final order, adjudication, or decision covered by division (A) of section 2506.01 of the Revised Code, the officer or body from which the appeal is taken, upon the filing of a praecipe by the appellant, shall prepare and file in the court to which the appeal is taken, a complete transcript of all the original papers, testimony, and evidence offered, heard, and taken into consideration in issuing the final order, adjudication, or decision. The costs of the transcript shall be taxed as a part of the costs of the appeal.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2506 | Appeals From Orders of Administrative Officers and Agencies › Section 2506.03 | Hearing.

Effective:
August 17, 2006
Latest Legislation:
House Bill 23 - 126th General Assembly
(A) The hearing of an appeal taken in relation to a final order, adjudication, or decision covered by division (A) of section 2506.01 of the Revised Code shall proceed as in the trial of a civil action, but the court shall be confined to the transcript filed under section 2506.02 of the Revised Code unless it appears, on the face of that transcript or by affidavit filed by the appellant, that one of the following applies:
(1) The transcript does not contain a report of all evidence admitted or proffered by the appellant.
(2) The appellant was not permitted to appear and be heard in person, or by the appellant's attorney, in opposition to the final order, adjudication, or decision, and to do any of the following:
(a) Present the appellant's position, arguments, and contentions;
(b) Offer and examine witnesses and present evidence in support;
(c) Cross-examine witnesses purporting to refute the appellant's position, arguments, and contentions;
(d) Offer evidence to refute evidence and testimony offered in opposition to the appellant's position, arguments, and contentions;
(e) Proffer any such evidence into the record, if the admission of it is denied by the officer or body appealed from.
(3) The testimony adduced was not given under oath.
(4) The appellant was unable to present evidence by reason of a lack of the power of subpoena by the officer or body appealed from, or the refusal, after request, of that officer or body to afford the appellant opportunity to use the power of subpoena when possessed by the officer or body.
(5) The officer or body failed to file with the transcript conclusions of fact supporting the final order, adjudication, or decision.
(B) If any circumstance described in divisions (A)(1) to (5) of this section applies, the court shall hear the appeal upon the transcript and additional evidence as may be introduced by any party. At the hearing, any party may call, as if on cross-examination, any witness who previously gave testimony in opposition to that party.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2506 | Appeals From Orders of Administrative Officers and Agencies › Section 2506.04 | Order, Adjudication, or Decision of Court.

Effective:
August 17, 2006
Latest Legislation:
House Bill 23 - 126th General Assembly
If an appeal is taken in relation to a final order, adjudication, or decision covered by division (A) of section 2506.01 of the Revised Code, the court may find that the order, adjudication, or decision is unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence on the whole record. Consistent with its findings, the court may affirm, reverse, vacate, or modify the order, adjudication, or decision, or remand the cause to the officer or body appealed from with instructions to enter an order, adjudication, or decision consistent with the findings or opinion of the court. The judgment of the court may be appealed by any party on questions of law as provided in the Rules of Appellate Procedure and, to the extent not in conflict with those rules, Chapter 2505. of the Revised Code.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2506 | Appeals From Orders of Administrative Officers and Agencies › Section 2506.05 | Expedited Appeal of Final Order Regarding Adult Entertainment Establishments.

Effective:
August 17, 2006
Latest Legislation:
House Bill 23 - 126th General Assembly
(A)(1) Except as modified by this section and sections 2506.06 to 2506.08 of the Revised Code, every final order, adjudication, or decision of any officer, tribunal, authority, board, bureau, commission, department, or other division of any political subdivision of the state denying an application for, or suspending or revoking, a license or permit to locate or operate an adult entertainment establishment, as defined in section 2907.39 of the Revised Code or as similarly defined by a political subdivision, may be reviewed by the court of common pleas of the county in which the principal office of the political subdivision is located as provided in Chapter 2505. of the Revised Code.
(2) In addition to appeals brought pursuant to division (A)(1) of this section, a court of common pleas may hear appeals under this section and sections 2506.06 to 2506.08 of the Revised Code in cases in which the court determines that there is a threat of restraint of expression protected or presumptively protected under the First Amendment to the United States Constitution or under Section 11 of Article I, Ohio Constitution.
(B) An appellant seeking to have an appeal heard under this section shall designate it as an expedited appeal by inserting the words "Expedited Appeal Requested" in conspicuous typeface in the caption of the notice of appeal.
(C) In an appeal under this section, if the political subdivision does not object to the expedited appeal within three days after receiving notice of the filing of the notice of appeal or if, over the objection of the political subdivision, the court determines that there is a threat of restraint of expression protected or presumptively protected under the First Amendment of the United States Constitution or under Section 11 of Article I of the Ohio Constitution, the court shall conduct a hearing as promptly as is practicable and render a decision in a prompt and expeditious manner consistent with the United States Constitution and the Ohio Constitution. If the court denies the request for an expedited appeal, the appeal shall be heard in accordance with sections 2506.01 to 2506.04 of the Revised Code.
(D) The appeal provided in this section is in addition to any other remedy of appeal provided by law.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2506 | Appeals From Orders of Administrative Officers and Agencies › Section 2506.06 | Transcript to Be Filed Following Notice of Appeal.

Effective:
August 17, 2006
Latest Legislation:
House Bill 23 - 126th General Assembly
Within five days after receiving notice of the filing of a notice of appeal under section 2506.05 of the Revised Code, the officer or body from which the appeal is taken, upon the filing of a praecipe by the appellant, shall prepare and file in the court to which the appeal is taken, a complete transcript of all the original papers, testimony, and evidence offered, heard, and taken into consideration in issuing the final order, adjudication, or decision appealed from. The costs of the transcript shall be taxed as a part of the costs of the appeal.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2506 | Appeals From Orders of Administrative Officers and Agencies › Section 2506.07 | Hearing Confined to Transcript - Exceptions.

Effective:
August 17, 2006
Latest Legislation:
House Bill 23 - 126th General Assembly
(A) The hearing of an appeal taken under section 2506.05 of the Revised Code shall proceed as in the trial of a civil action, but the court shall be confined to the transcript as filed under section 2506.06 of the Revised Code unless it appears on the face of that transcript or by affidavit filed by the appellant that one or more of the following applies:
(1) The transcript does not contain a report of all evidence admitted or proffered by the appellant.
(2) The appellant was not permitted to appear and be heard in person, or by the appellant's attorney, in opposition to the final order, adjudication, or decision appealed from and to do any of the following:
(a) Present the appellant's position, arguments, and contentions;
(b) Offer and examine witnesses and present evidence in support;
(c) Cross-examine witnesses purporting to refute the appellant's position, arguments, and contentions;
(d) Offer evidence to refute evidence and testimony offered in opposition to the appellant's position, arguments, and contentions;
(e) Proffer any evidence offered pursuant to division (A)(2)(d) of this section into the record if the admission of it is denied by the officer or body appealed from.
(3) The testimony adduced was not given under oath.
(4) The appellant was unable to present evidence because of a lack of the power of subpoena by the officer or body appealed from or because of the refusal after request of that officer or body to afford the appellant opportunity to use the power of subpoena when possessed by the officer or body.
(5) The officer or body failed to file with the transcript conclusions of fact supporting the final order, adjudication, or decision appealed from.
(B) If any circumstance described in divisions (A)(1) to (5) of this section applies, the court shall hear the appeal upon the transcript and additional evidence as may be introduced by any party. At the hearing, any party may call, as if on cross-examination, any witness who previously gave testimony in opposition to that party.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2506 | Appeals From Orders of Administrative Officers and Agencies › Section 2506.08 | Findings and Order of Court on Appeal.

Effective:
August 17, 2006
Latest Legislation:
House Bill 23 - 126th General Assembly
If an appeal is taken under section 2506.05 of the Revised Code, the court may find that the order, adjudication, or decision is unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence on the whole record. Consistent with its findings, the court may affirm, reverse, vacate, or modify the order, adjudication, or decision, or remand the cause to the officer or body appealed from with instructions to enter an order, adjudication, or decision consistent with the findings or opinion of the court. If the order, adjudication, or decision is remanded to the officer or body appealed from with those instructions, the officer or body shall enter the consistent order, adjudication, or decision within five days after that remand. The judgment of the court may be appealed by any party on questions of law as provided in the Rules of Appellate Procedure and, to the extent not in conflict with those rules, Chapter 2505. of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2701 | Courts of Record - General Provisions › Section 2701.02 | Courts Must Render Decisions Within Time Limit.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When submitted to a court on motion, demurrer, or motion for new trial, or when submitted to a court on appeal on questions of law or on final trial on the issues joined, a cause begun in a court of record shall be determined and adjudicated within thirty days after such submission.
This section applies to causes sent to a referee or special master, and to motions affecting the confirmation, modification, or vacation of a report thereof. This section does not affect, alter, or change the rules of the supreme court.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2701 | Courts of Record - General Provisions › Section 2701.031 | Disqualification of Municipal or County Court Judge.

Effective:
July 10, 2014
Latest Legislation:
House Bill 261 - 130th General Assembly
If a judge of a municipal or county court allegedly is interested in a proceeding pending before the judge, allegedly is related to or has a bias or prejudice for or against a party to a proceeding pending before the judge or to a party's counsel, or allegedly otherwise is disqualified to preside in a proceeding pending before the judge, any party to the proceeding or the party's counsel may file an affidavit of disqualification with the clerk of the supreme court. The affidavit of disqualification shall be filed and decided in accordance with divisions (B) to (E) of section 2701.03 of the Revised Code, and, upon the filing of the affidavit, the provisions of those divisions apply to the affidavit, the proceeding, the judge, and the parties to the proceeding.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2701 | Courts of Record - General Provisions › Section 2701.04 | Removal of Residence of Judge.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a judge of the supreme court removes his residence from this state, or a judge of the court of appeals from his district, or a judge of the court of common pleas from his county, he is deemed to have resigned and vacated his office. Thereupon the governor shall fill such vacancy.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2701 | Courts of Record - General Provisions › Section 2701.05 | Commission to Judge of the Supreme Court.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Each commission issued by the governor to a judge of the supreme court, upon the demand of such person, shall be delivered to him by the secretary of state. On or before the first day of his official term under such commission, the person to whom it is issued shall appear before the supreme court, or before a judge thereof if the court is not in session, and take the oath required by Section 7 of Article XV, Ohio Constitution and sections 3.22 and 3.23 of the Revised Code. The taking of such oath shall be shown by entry upon the journal of the supreme court.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2701 | Courts of Record - General Provisions › Section 2701.06 | Transmitting Commission.

Effective:
March 29, 2007
Latest Legislation:
House Bill 699 - 126th General Assembly
The secretary of state shall transmit each commission issued by the governor to a judge of the court of appeals or a judge of the court of common pleas, to the clerk of the court of common pleas of the county in which that judge resides. The clerk shall receive the commission and forthwith transmit it to the person entitled to it. The person shall take the oath as provided in Section 7 of Article XV, Ohio Constitution and sections 3.22 and 3.23 of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2701 | Courts of Record - General Provisions › Section 2701.07 | Court Constables - Duties.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When, in the opinion of the court, the business thereof so requires, each court of common pleas, court of appeals, and, in counties having at the last or any future federal census more than seventy thousand inhabitants, the probate court, may appoint one or more constables to preserve order, attend the assignment of cases in counties where more than two judges of the court of common pleas regularly hold court at the same time, and discharge such other duties as the court requires. When so directed by the court, each constable has the same powers as sheriffs to call and impanel jurors, except in capital cases.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2701 | Courts of Record - General Provisions › Section 2701.08 | Court Constables - Compensation.

Effective:
September 24, 1963
Latest Legislation:
House Bill 94 - 105th General Assembly
Each constable appointed under section 2701.07 of the Revised Code shall receive the compensation fixed by the judge or judges of the court making the appointment, to be paid monthly from the county treasury upon warrant of the county auditor.
In counties where only one judge holds court, the constable, when not attending the court of common pleas, shall upon order of the judge of such court of common pleas, and without additional compensation, attend the probate court and the court of appeals of such county.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2701 | Courts of Record - General Provisions › Section 2701.09 | Publication of Court Calendar.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
In any county in which a daily law journal is printed, the judges of the courts of record, other than the court of appeals, shall jointly designate such daily law journal as the journal in which shall be published all calendars of the courts of record in such county, which calendars shall contain the numbers and titles of causes, and names of attorneys appearing in the causes, together with the motion dockets and such particulars and notices respecting causes, as may be specified by the judges, and each notice required to be published by any of those judges.
In all cases, proceedings, administrations of estates, assignments, and matters pending in any of the courts of record of the counties in which legal notices or advertisements are required to be published, the law journal shall, once a week and on the same day of the week, publish an abstract of each such legal advertisement, but the jurisdiction over, or irregularity of, a proceeding, trial, or judgment shall not be affected by anything in the abstract of legal advertising.
For the publication of such calendars, motion dockets, and notices, the fees for which are not fixed by law, the publisher of the paper shall receive a sum to be fixed by the judges for each case brought, to be paid in advance by the party filing the petition, transcripts for appeal, or lien, unless the party is determined by the court to qualify as an indigent litigant as set forth in section 2323.311 of the Revised Code, to be taxed in the costs and collected as other costs. For the publication of abstracts of legal advertising the publisher shall receive a sum to be fixed by the judges for each case, proceeding, or matter, in which such advertising is had, to be taxed and collected as a part of the costs of the case, proceeding, or matter.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2701 | Courts of Record - General Provisions › Section 2701.11 | Rules for Retirement for Disability, Removal and Suspension for Cause of Judges.

Effective:
April 4, 1985
Latest Legislation:
House Bill 426 - 115th General Assembly
Subject to rules implementing this section and section 2701.12 of the Revised Code that shall be promulgated by the supreme court, upon written and sworn complaint setting forth the cause or causes and after reasonable notice thereof and an opportunity to be heard, any judge may be retired for disability, removed for cause, or suspended, without pay, for cause by a commission composed of five judges of this state, all of whom shall be appointed by the supreme court from among judges of the courts of record located within the territorial jurisdiction in each of any five of the appellate districts, not including that within which the respondent judge resides.
Such a commission shall be appointed by the supreme court upon receipt of a report of its board of commissioners on grievances and discipline that such board has received a written and sworn complaint alleging that cause exists for retirement, removal, or suspension of a judge under section 2701.12 of the Revised Code, and that upon investigation and a finding by at least two-thirds of the members of such board that there is substantial credible evidence in support of such complaint. Any judge so retired, removed, or suspended may appeal, on the record made before the commission, from the commission's action to the supreme court. The commission, the court, or a judge of the court may stay execution of an order pending disposition of an appeal. The court may affirm, reverse, or modify the order of the commission.
Members of the commission shall be reimbursed from the state treasury for their actual and necessary expenses in connection with their service on the commission.
The administrative director of the supreme court shall be the secretary of each commission appointed to consider retirement, removal, or suspension of a judge. The secretary shall certify each order of a commission which commands the retirement, removal, or suspension of a judge to the governor, the chief justice of the supreme court, and the officer required by law to draw warrants for payment of the salary of such judge.
Upon the request of any such commission, the attorney general shall assist in the performance of its duties.