reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.17 | Causes for Challenge of Persons Called as Jurors.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
(A) Any person called as a juror for the trial of any cause shall be examined under oath or upon affirmation as to the person's qualifications. A person is qualified to serve as a juror if the person is eighteen years of age or older, is a resident of the county, and is an elector or would be an elector if the person were registered to vote, regardless of whether the person actually is registered to vote.
(B) The following are good causes for challenge to any person called as a juror:
(1) That the person has been convicted of a crime that by law renders the person disqualified to serve on a jury;
(2) That the person has an interest in the cause;
(3) That the person has an action pending between the person and either party;
(4) That the person formerly was a juror in the same cause;
(5) That the person is the employer, the employee, or the spouse, parent, son, or daughter of the employer or employee, counselor, agent, steward, or attorney of either party;
(6) That the person is subpoenaed in good faith as a witness in the cause;
(7) That the person is akin by consanguinity or affinity within the fourth degree to either party or to the attorney of either party;
(8) That the person or the person's spouse, parent, son, or daughter is a party to another action then pending in any court in which an attorney in the cause then on trial is an attorney, either for or against any such party to another such action;
(9) That the person discloses by the person's answers that the person cannot be a fair and impartial juror or will not follow the law as given to the person by the court.
(C) Each challenge listed in division (B) of this section shall be considered as a principal challenge, and its validity tried by the court.
(D) In addition to the causes listed in division (B) of this section, any petit juror may be challenged on suspicion of prejudice against or partiality for either party, or for want of a competent knowledge of the English language, or other cause that may render the juror at the time an unsuitable juror. The validity of the challenge shall be determined by the court and be sustained if the court has any doubt as to the juror's being entirely unbiased.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.18 | Failure to Testify; Request for In-Camera Hearing.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
(A) No prospective juror shall fail to answer any legal and pertinent question put to the prospective juror by the court or commissioners of jurors.
(B) If a prospective juror is required to answer written questions during the voir dire process, the questionnaire shall contain a prominent legend advising the prospective juror that the juror has the right to request and have an in-camera hearing on the record with counsel for the parties present regarding any legitimate privacy interest of the prospective juror.
(C) The court shall inform a prospective juror that if a question put to the prospective juror involves a legitimate privacy interest of that prospective juror the prospective juror has the right to request and have an in-camera hearing on the record with counsel for the parties present to respond to that question.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.19 | Employer May Not Penalize Employee for Being Called to Jury Duty.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
(A) No employer shall discharge, threaten to discharge, or take any disciplinary action that could lead to the discharge of any permanent employee who is summoned to serve as a juror pursuant to Chapter 2313. of the Revised Code if the employee gives reasonable notice to the employer of the summons prior to the commencement of the employee's service as a juror and if the employee is absent from employment because of the actual jury service.
(B) No employer shall require or request an employee to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or for time spent actually serving on a jury. Nothing in this division requires an employer to provide annual, vacation, or sick leave to employees under the provisions of this section who otherwise are not entitled to those benefits under the employer's policies.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.20 | Mandatory Attendance.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
No person whose name is drawn and who is notified to attend a jury year, part of a jury year, or specified date within a part of a jury year as a juror or who has had the person's jury service postponed shall fail to attend at the time specified in the notice or from day to day.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.21 | Discharge for Past Service.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
(A) A person who is summoned as a juror and who has actually served as a juror in any county of the state under Chapter 2313. of the Revised Code for two consecutive calendar weeks shall be discharged by the court, except that the person shall not be so discharged until the close of a trial in which the person may be serving when the person's jury term expires.
(B) A person who is discharged as prescribed in this section is thereafter prohibited from jury service in any court of the state until the second jury year after the day of the person's last service, except that in counties of less than one hundred thousand population the court shall make rules in the county applicable to subsequent jury service by persons of that nature.
(C) Whenever the certificates of the clerk of the court of common pleas show that a person is entitled to a discharge as prescribed in this section, the commissioners of jurors upon request shall certify to that fact. No person shall be exempted from jury service for any reason, but a person may be excused from jury service or have the person's jury service postponed in accordance with Chapter 2313. of the Revised Code and the general statutes of the state.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.22 | Compensation of Jurors.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
(A) The board of county commissioners by resolution shall fix the compensation of each juror payable out of the county treasury.
(B) After ten days of actual service, except as otherwise authorized by this division, the compensation of a juror shall be fixed for each additional day of actual service at an amount equal to the greater of fifteen dollars or one and one-half times the compensation fixed pursuant to division (A) of this section. The board of county commissioners by resolution may set the compensation at a greater amount that shall not exceed two times the compensation fixed pursuant to division (A) of this section.
(C) Residents of townships that are composed entirely of islands shall be reimbursed for the additional transportation costs they incur to serve as a juror, in the amount certified to be due by a judge of the court in which the jury service is performed.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.23 | Retention of Documents and Electronic Media.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
The court of common pleas of a county by general order filed with the clerk of the court shall determine the retention period for all documents and electronic media filed with the commissioners of jurors in compliance with applicable rules of superintendence for the courts of Ohio.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.24 | Jurors in Inferior Courts Not Affected.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
Chapters 2313. and 2315. of the Revised Code do not contravene or affect any section of the Revised Code relating to jurors in the inferior courts in any county of the state.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.99 | Penalty.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
(A) Whoever violates section 2313.18, 2313.19, or 2313.20 of the Revised Code may be punished as for contempt of court pursuant to Chapter 2705. of the Revised Code.
(B) Whoever violates section 2313.13 of the Revised Code shall be fined not less than fifty nor more than five hundred dollars, imprisoned not less than thirty nor more than ninety days, or both.
(C) Any fine assessed for a contempt against a person summoned or who has qualified as a juror may be collected by execution and shall be paid into the county treasury and disbursed as other fines.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2315 | Trial Procedure › Section 2315.02 | View of Property by Jury.

Effective:
September 11, 1961
Latest Legislation:
House Bill 213 - 104th General Assembly
If the court is of the opinion that it is proper for the jurors to have a view of property which is the subject of litigation, or of a place where a material fact occurred, it may order them to be conducted in a body under the charge of an officer to such property or place, which shall be shown to them by a person appointed by the court for that purpose. While the jurors are thus absent, no person, other than the person so appointed, shall speak to them on any subject connected with the trial.
The expense of such view as approved by the court shall be taxed as other costs in the case.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2315 | Trial Procedure › Section 2315.03 | Deliberations of Jury.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the case is submitted, the jury may decide it in court or retire to deliberate. Upon retiring, they must be kept together, in charge of an officer, at a convenient place, until they agree upon a verdict or are discharged by the court. The court may permit them temporarily to separate at night and for their meals.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2315 | Trial Procedure › Section 2315.04 | Duty of Officer in Charge of Jury.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The officer in whose charge the jury is placed, as provided in section 2315.03 of the Revised Code, shall not communicate with them, nor allow anyone else to do so, unless by order of the court, except to ask if they have agreed upon their verdict. Such officer, before their verdict is rendered, shall not communicate to any person the state of their deliberations or the verdict agreed upon.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2315 | Trial Procedure › Section 2315.05 | Jury May Be Discharged Without Verdict.

Effective:
July 6, 2001
Latest Legislation:
Senate Bill 108 - 124th General Assembly
Because of the sickness of a juror, or an accident or calamity which requires it, or with the consent of both parties, or after jurors have been kept together until it satisfactorily appears that there is no probability of their agreeing, the court may discharge the jury.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2315 | Trial Procedure › Section 2315.06 | Cause May Be Resubmitted.

Effective:
July 6, 2001
Latest Legislation:
Senate Bill 108 - 124th General Assembly
When the jury is discharged during a trial or after a cause is submitted, such cause may at once be tried again, or on a future day, as the court directs.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2315 | Trial Procedure › Section 2315.07 | Verdict to Contain Amount of Recovery.

Effective:
July 6, 2001
Latest Legislation:
Senate Bill 108 - 124th General Assembly
If by the verdict in a civil action tried to a jury any party in the action is entitled to recover money from an adverse party, the jury shall determine the amount of the recovery in its verdict.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2315 | Trial Procedure › Section 2315.09 | Case Stated - Controversy.

Effective:
July 6, 2001
Latest Legislation:
Senate Bill 108 - 124th General Assembly
Parties to a question that might be the subject of a civil action, on filing an affidavit that the controversy is real and the proceeding in good faith to determine their rights, may agree upon a case containing the facts upon which the controversy depends and present a submission of it to any court of competent jurisdiction. The court shall hear and determine the case and render judgment as if an action were pending.
The case, the submission, and the judgment constitutes the record of a question submitted under this section.
Such judgment shall be with costs, may be enforced, and shall be subject to reversal, in like manner, as if it were rendered in an action, unless otherwise provided in the submission.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2315 | Trial Procedure › Section 2315.19 | Review of Evidence Supporting Damages for Noneconomic Loss.

Effective:
April 7, 2005
Latest Legislation:
Senate Bill 80 - 125th General Assembly
(A) Upon a post-judgment motion, a trial court in a tort action shall review the evidence supporting an award of compensatory damages for noneconomic loss that the defendant has challenged as excessive. That review shall include, but is not limited to, the following factors:
(1) Whether the evidence presented or the arguments of the attorneys resulted in one or more of the following events in the determination of an award of compensatory damages for noneconomic loss:
(a) It inflamed the passion or prejudice of the trier of fact.
(b) It resulted in the improper consideration of the wealth of the defendant.
(c) It resulted in the improper consideration of the misconduct of the defendant so as to punish the defendant improperly or in circumvention of the limitation on punitive or exemplary damages as provided in section 2315.21 of the Revised Code.
(2) Whether the verdict is in excess of verdicts involving comparable injuries to similarly situated plaintiffs;
(3) Whether there were any extraordinary circumstances in the record to account for an award of compensatory damages for noneconomic loss in excess of what was granted by courts to similarly situated plaintiffs, with consideration given to the type of injury, the severity of the injury, and the plaintiff's age at the time of the injury.
(B) A trial court upholding an award of compensatory damages for noneconomic loss that a party has challenged as inadequate or excessive shall set forth in writing its reasons for upholding the award.
(C) An appellate court shall use a de novo standard of review when considering an appeal of an award of compensatory damages for noneconomic loss on the grounds that the award is inadequate or excessive.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2315 | Trial Procedure › Section 2315.20 | Evidence of Benefits to Plaintiff From Collateral Sources.

Effective:
April 7, 2005
Latest Legislation:
Senate Bill 80 - 125th General Assembly
(A) In any tort action, the defendant may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the damages that result from an injury, death, or loss to person or property that is the subject of the claim upon which the action is based, except if the source of collateral benefits has a mandatory self-effectuating federal right of subrogation, a contractual right of subrogation, or a statutory right of subrogation or if the source pays the plaintiff a benefit that is in the form of a life insurance payment or a disability payment. However, evidence of the life insurance payment or disability payment may be introduced if the plaintiff's employer paid for the life insurance or disability policy, and the employer is a defendant in the tort action.
(B) If the defendant elects to introduce evidence described in division (A) of this section, the plaintiff may introduce evidence of any amount that the plaintiff has paid or contributed to secure the plaintiff's right to receive the benefits of which the defendant has introduced evidence.
(C) A source of collateral benefits of which evidence is introduced pursuant to division (A) of this section shall not recover any amount against the plaintiff nor shall it be subrogated to the rights of the plaintiff against a defendant.
(D) As used in this section:
(1) "Tort action" means a civil action for damages for injury, death, or loss to person or property. "Tort action" includes a civil action upon a product liability claim and an asbestos claim. "Tort action" does not include a civil action upon a medical claim, dental claim, optometric claim, or chiropractic claim or a civil action for damages for a breach of contract or another agreement between persons.
(2) "Medical claim," "dental claim," "optometric claim," and "chiropractic claim" have the same meanings as in section 2305.113 of the Revised Code.
(3) "Product liability claim" has the same meaning as in section 2307.71 of the Revised Code.
(4) "Asbestos claim" has the same meaning as in section 2307.91 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2315 | Trial Procedure › Section 2315.32 | Asserting Contributory Fault.

Effective:
April 7, 2005
Latest Legislation:
Senate Bill 80 - 125th General Assembly
(A) Sections 2315.32 to 2315.36 of the Revised Code do not apply to actions described in section 4113.03 of the Revised Code.
(B) The contributory fault of the plaintiff may be asserted as an affirmative defense to a tort claim, except that the contributory fault of the plaintiff may not be asserted as an affirmative defense to an intentional tort claim.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2315 | Trial Procedure › Section 2315.33 | Contributory Fault Effect on Right to Recover.

Effective:
April 7, 2005
Latest Legislation:
Senate Bill 80 - 125th General Assembly
The contributory fault of a person does not bar the person as plaintiff from recovering damages that have directly and proximately resulted from the tortious conduct of one or more other persons, if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons from whom the plaintiff seeks recovery in this action and of all other persons from whom the plaintiff does not seek recovery in this action. The court shall diminish any compensatory damages recoverable by the plaintiff by an amount that is proportionately equal to the percentage of tortious conduct of the plaintiff as determined pursuant to section 2315.34 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2315 | Trial Procedure › Section 2315.34 | Findings of Fact by Court - General Verdict and Interrogatories by Jury.

Effective:
April 7, 2005
Latest Legislation:
Senate Bill 80 - 125th General Assembly
If contributory fault is asserted and established as an affirmative defense to a tort claim, the court in a nonjury action shall make findings of fact, and the jury in a jury action shall return a general verdict accompanied by answers to interrogatories, that shall specify the following:
(A) The total amount of the compensatory damages that would have been recoverable on that tort claim but for the tortious conduct of the plaintiff;
(B) The portion of the compensatory damages specified under division (A) of this section that represents economic loss;
(C) The portion of the compensatory damages specified under division (A) of this section that represents noneconomic loss;
(D) The percentage of tortious conduct attributable to all persons as determined pursuant to section 2307.23 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2315 | Trial Procedure › Section 2315.35 | Diminishing Compensatory Damages by Percentage of Tortious Conduct.

Effective:
April 9, 2003
Latest Legislation:
Senate Bill 120 - 124th General Assembly
After the court makes its findings of fact or after the jury returns its general verdict accompanied by answers to interrogatories as described in section 2315.34 of the Revised Code, the court shall diminish the total amount of the compensatory damages that would have been recoverable by an amount that is proportionately equal to the percentage of tortious conduct determined under section 2307.23 of the Revised Code that is attributable to the plaintiff. If the percentage of the tortious conduct determined to be attributable to the plaintiff is greater than the sum of the percentages of the tortious conduct determined to be attributable to all parties to the tort action from whom the plaintiff seeks recovery plus all persons from whom the plaintiff does not seek recovery in this action, the court shall enter judgment in favor of the defendants.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2315 | Trial Procedure › Section 2315.36 | Apportionment of Liability.

Effective:
April 7, 2005
Latest Legislation:
Senate Bill 80 - 125th General Assembly
If contributory fault is asserted as an affirmative defense to a tort claim, if it is determined that the plaintiff was contributorily at fault and that contributory fault was a direct and proximate cause of the injury, death, or loss to person or property that is the subject of the tort action, and if the plaintiff is entitled to recover compensatory damages pursuant to section 2315.33 of the Revised Code from more than one party, after it makes findings of fact or after the jury returns its general verdict accompanied by answers to interrogatories as described in section 2315.34 of the Revised Code, the court shall enter a judgment that is in favor of the plaintiff and that imposes liability pursuant to section 2307.22 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.01 | Competent Witnesses.

Effective:
January 1, 1989
Latest Legislation:
Senate Bill 89 - 117th General Assembly
All persons are competent witnesses except those of unsound mind and children under ten years of age who appear incapable of receiving just impressions of the facts and transactions respecting which they are examined, or of relating them truly.
In a hearing in an abuse, neglect, or dependency case, any examination made by the court to determine whether a child is a competent witness shall be conducted by the court in an office or room other than a courtroom or hearing room, shall be conducted in the presence of only those individuals considered necessary by the court for the conduct of the examination or the well-being of the child, and shall be conducted with a court reporter present. The court may allow the prosecutor, guardian ad litem, or attorney for any party to submit questions for use by the court in determining whether the child is a competent witness.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.021 | Extension of Attorney-Client Privilege in Case of Dissolved Corporation.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A) As used in division (A) of section 2317.02 of the Revised Code:
"Client" means a person, firm, partnership, corporation, or other association that, directly or through any representative, consults an attorney for the purpose of retaining the attorney or securing legal service or advice from the attorney in the attorney's professional capacity, or consults an attorney employee for legal service or advice, and who communicates, either directly or through an agent, employee, or other representative, with such attorney; and includes an incompetent person whose guardian so consults the attorney in behalf of the incompetent person.
Where a corporation or association is a client having the privilege and it has been dissolved, the privilege shall extend to the last board of directors, their successors or assigns, or to the trustees, their successors or assigns.
This section shall be construed as in addition to, and not in limitation of, other laws affording protection to communications under the attorney-client privilege.
(B) As used in this section and in sections 2317.02 and 2317.03 of the Revised Code, "incompetent" or "incompetent person" means a person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of an intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.022 | Written Statement Requesting Release of Drug or Alcohol Test Records.

Effective:
August 17, 2006
Latest Legislation:
Senate Bill 8 - 126th General Assembly
(A) As used in this section:
(1) "Health care provider" has the same meaning as in section 2317.02 of the Revised Code.
(2) "Drug of abuse" has the same meaning as in section 4506.01 of the Revised Code.
(B) If an official criminal investigation has begun regarding a person or if a criminal action or proceeding is commenced against a person, any law enforcement officer who wishes to obtain from any health care provider a copy of any records the provider possesses that pertain to any test or the result of any test administered to the person to determine the presence or concentration of alcohol, a drug of abuse, or alcohol and a drug of abuse in the person's blood, breath, or urine at any time relevant to the criminal offense in question shall submit to the health care facility a written statement in the following form:
"WRITTEN STATEMENT REQUESTING THE RELEASE OF RECORDS
To: ____________________ (insert name of the health care provider in question).
I hereby state that an official criminal investigation has begun regarding, or a criminal action or proceeding has been commenced against, ____________________ (insert the name of the person in question), and that I believe that one or more tests has been administered to that person by this health care provider to determine the presence or concentration of alcohol, a drug of abuse, a combination of them, a controlled substance, or a metabolite of a controlled substance in that person's whole blood, blood serum or plasma, breath, or urine at a time relevant to the criminal offense in question. Therefore, I hereby request that, pursuant to division (B)(2) of section 2317.02 of the Revised Code, this health care provider supply me with copies of any records the provider possesses that pertain to any test or the results of any test administered to the person specified above to determine the presence or concentration of alcohol, a drug of abuse, a combination of them, a controlled substance, or a metabolite of a controlled substance in that person's whole blood, blood serum or plasma, breath, or urine at any time relevant to the criminal offense in question.
_____________________________________
(Name of officer)
_____________________________________
(Officer's title)
_____________________________________
(Officer's employing agency)
_____________________________________
(Officer's telephone number)
_____________________________________
_____________________________________
_____________________________________
(Agency's address)
_____________________________________
(Date written statement submitted)"
(C) A health care provider that receives a written statement of the type described in division (B) of this section shall comply with division (B)(2) of section 2317.02 of the Revised Code relative to the written statement.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.04 | Impartial Report of Proceedings Privileged.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The publication of a fair and impartial report of the proceedings before state or municipal legislative bodies, or before state or municipal executive bodies, boards, or officers, or the whole or a fair synopsis of any bill, ordinance, report, resolution, bulletin, notice, petition, or other document presented, filed, or issued in any proceeding before such legislative or executive body, board, or officer, shall be privileged, unless it is proved that such publication was made maliciously.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.05 | Impartial Report of Indictment, Warrant, Affidavit, or Arrest Privileged.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The publication of a fair and impartial report of the return of any indictment, the issuing of any warrant, the arrest of any person accused of crime, or the filing of any affidavit, pleading, or other document in any criminal or civil cause in any court of competent jurisdiction, or of a fair and impartial report of the contents thereof, is privileged, unless it is proved that the same was published maliciously, or that the defendant has refused or neglected to publish in the same manner in which the publication complained of appeared, a reasonable written explanation or contradiction thereof by the plaintiff, or that the publisher has refused, upon request of the plaintiff, to publish the subsequent determination of such suit or action. This section and section 2317.04 of the Revised Code do not authorize the publication of blasphemous or indecent matter.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.06 | Proving Testimony of Absent Witness.

Effective:
August 7, 2007
Latest Legislation:
House Bill 53 - 127th General Assembly
(A) If a party or witness, after testifying orally, dies, is beyond the jurisdiction of the court, cannot be found after diligent search, is unable to testify because of any physical or mental infirmity, or has been summoned but appears to have been kept away by the adverse party and if the evidence of the party or witness has been taken down by an official stenographer, the evidence so taken may be read in evidence by either party on the further trial of the case and shall be prima-facie evidence of what the deceased party or witness testified to orally on the former trial. If the evidence has not been taken by an official stenographer, it may be proved by witnesses who were present at the former trial, having knowledge of the testimony. All testimony so offered shall be open to all objections that might be taken if the witness was personally present.
(B)(1) If it is necessary in a civil action before the court to procure the testimony of a person who is imprisoned in a workhouse, juvenile detention facility, jail, or state correctional institution within this state, or who is in the custody of the department of youth services, the court shall require that the person's testimony be taken by deposition pursuant to the Civil Rules at the place of the person's confinement, unless the court determines that the interests of justice demand that the person be brought before the court for the presentation of the person's testimony.
(2) If the court determines that the interests of justice demand that a person specified in division (B)(1) of this section be brought before the court for the presentation of the person's testimony, the court shall order the person to be brought before it under the procedures set forth in division (B) or (C) of section 2945.47 of the Revised Code.
(C) When a person's deposition is taken pursuant to division (B)(1) of this section, the person shall remain in the custody of the officer who is in charge of the person, and the officer shall provide reasonable facilities for the taking of the deposition.
(D) The person requesting the testimony of the person whose deposition is taken pursuant to division (B)(1) of this section shall pay the expense of taking the deposition, except that the court may tax the expense as court costs in appropriate cases.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.07 | Examination of Party.

Effective:
June 30, 1971
Latest Legislation:
House Bill 602 - 109th General Assembly
At the instance of the adverse party, a party may be examined as if under cross-examination, orally, by way of deposition, like any other witness, by way of written interrogatories filed in the action or proceeding, or by any one or more of such methods. The party calling for such examination shall not thereby be concluded but may rebut it by evidence.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.21 | Attachment of Witness Who Disobeys Subpoena.

Effective:
October 27, 1981
Latest Legislation:
Senate Bill 114 - 114th General Assembly
When a witness, except a witness who has demanded and has not been paid his traveling fees and fee for one day's attendance when a subpoena is served upon him, as authorized by the provisions of section 2317.18 of the Revised Code, fails to obey a subpoena personally served, the court or officer, before whom his attendance is required, may issue to the sheriff or a constable of the county, a writ of attachment, commanding him to arrest and bring the person named in the writ before such court or officer at the time and place the writ fixes, to give his testimony and answer for the contempt. If such writ does not require the witness to be immediately brought, he may give bond for a sum fixed by the court of common pleas or the court which issued the subpoena, with surety, for his appearance, which sum shall be endorsed on the back of the writ, except that, if no sum is so endorsed, it shall be one hundred dollars. When the witness was not personally served, the court, by a rule, may order him to show cause why such writ should not issue against him.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.22 | Punishment for Contempt.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Punishment for the acts of contempt specified in section 2317.20 of the Revised Code shall be as follows: When the witness fails to attend in obedience to a subpoena, the court or officer may fine him not more than fifty dollars; in other cases, not more than fifty dollars nor less than five dollars; or the court or officer may imprison such witness in the county jail, there to remain until he submits to be sworn, testifies, or gives his deposition.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.23 | Disposition of Fines.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A fine imposed under section 2317.22 of the Revised Code by the court shall be paid into the county treasury; that imposed by an officer shall be for the use of the party for whom the witness was subpoenaed. The witness also shall be liable to the party injured for any damages occasioned by his failure to attend, or refusal to be sworn, to testify, or to give his deposition.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.24 | Release of Witness From Imprisonment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A witness imprisoned by an officer under section 2317.22 of the Revised Code may apply to a judge of the supreme court, court of appeals, court of common pleas, or probate court, who may discharge him if it appears that such imprisonment is illegal.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.25 | Contents of Attachment or Order to Commit.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every attachment for the arrest or order to commit a witness to prison by a court or officer, pursuant to sections 2317.21 and 2317.22 of the Revised Code, must be under seal of the court or official seal of the officer, if he has one, and must particularly specify the cause of the arrest or commitment. When committed for a refusal to answer a question, the question must be stated in the order.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.26 | Order of Commitment.

Effective:
October 27, 1981
Latest Legislation:
Senate Bill 114 - 114th General Assembly
The order of commitment mentioned in section 2317.25 of the Revised Code may be directed to the sheriff or a constable of the county where the witness resides, or is at the time, and shall be executed by committing him to the jail of such county, and delivering a copy of it to the jailer.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.29 | May Not Sue or Serve Witness Out of His County.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A witness shall not be liable to be sued, in a county in which he does not reside, by being served with a summons in such county while going, returning or attending in obedience to a subpoena.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.36 | Admissible Reports.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A written report or finding of facts prepared by an expert who is not a party to the cause, nor an employee of a party, except for the purpose of making such report or finding, nor financially interested in the result of the controversy, and containing the conclusions resulting wholly or partly from written information furnished by the co-operation of several persons acting for a common purpose, shall, in so far as the same is relevant, be admissible when testified to by the person, or one of the persons, making such report or finding without calling as witnesses the persons furnishing the information, and without producing the books or other writings on which the report or finding is based, if, in the opinion of the court, no substantial injustice will be done the opposite party.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.37 | Cross-Examination by Adverse Party.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any person who has furnished information on which a report or finding mentioned in section 2317.36 of the Revised Code is based may be cross-examined by the adverse party, but the fact that his testimony is not obtainable shall not render the report or finding inadmissible, unless the trial court finds that substantial injustice would be done to the adverse party by its admission.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.38 | Notice of Intention to Offer Report.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The report or finding mentioned in section 2317.36 of the Revised Code is not admissible unless the party offering it has given notice to the adverse party a reasonable time before trial of his intention to offer it, together with a copy of the report or finding, or so much thereof as relates to the controversy, and has afforded him a reasonable opportunity to inspect and copy any records or other documents in the offering party's possession or control, on which the report or finding was based, and also the names of all persons furnishing facts upon which the report or finding was based.
This section and sections 2317.36 and 2317.37 of the Revised Code shall be so interpreted and construed as to effectuate their general purpose to make the law of this state uniform with those states which enact similar legislation.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.39 | Report of Investigations Conducted by Court Made Available to All Parties.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever an investigation into the facts of any case, civil or criminal, pending at the time of such investigation in any court, is made, conducted, or participated in, directly or indirectly, by any court or any department thereof, through public employees, paid private investigators, social workers, friends of the court, or any other persons, and a report of such investigation is prepared for submission to the court, the contents of such report shall not be considered by any judge of the court wherein such case is pending either before the trial of the case or at any stage of the proceedings prior to final disposition thereof, unless the full contents of such report have been made readily available and accessible to all parties to the case or their counsel. The parties or their counsel shall be notified in writing of the fact that an investigation has been made, that a report has been submitted, and that the contents of the report are available for examination. Such notice shall be given at least five days prior to the time the contents of any report are to be considered by any judge of the court wherein the case is pending. In the event that a report following any investigation is prepared for submission orally, such oral report shall be reduced to writing prior to the issuance of notice of the availability of such report for examination.
This section does not apply only to the utilization of the contents of such reports as testimony, but shall prevent any judge from familiarizing himself with such contents in any manner unless this section has been fully complied with.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.40 | Records as Evidence.

Effective:
September 16, 1957
Latest Legislation:
House Bill 702 - 102nd General Assembly
As used in this section "business" includes every kind of business, profession, occupation, calling, or operation of institutions, whether carried on for profit or not.
A record of an act, condition, or event, in so far as relevant, is competent evidence if the custodian or the person who made such record or under whose supervision such record was made testifies to its identity and the mode of its preparation, and if it was made in the regular course of business, at or near the time of the act, condition, or event, and if, in the opinion of the court, the sources of information, method, and time of preparation were such as to justify its admission.
This section shall be so interpreted and construed as to effectuate its general purpose to make the law of this state uniform with those states which enact similar legislation.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.41 | Photographic Copies of Records Admissible as Competent Evidence.

Effective:
October 4, 1996
Latest Legislation:
House Bill 495 - 121st General Assembly
"Photograph" as used in this section includes but is not limited to microphotograph, a roll or strip of film, a roll or strip of microfilm, a photostatic copy, or an optically-imaged copy.
To the extent that a record would be competent evidence under section 2317.40 of the Revised Code, a photograph of such record shall be competent evidence if the custodian of the photograph or the person who made such photograph or under whose supervision such photograph was made testifies to the identity of and the mode of making such photograph, and if, in the opinion of the trial court, the record has been destroyed or otherwise disposed of in good faith in the regular course of business, and the mode of making such photograph was such as to justify its admission. If a photograph is admissible under this section, the court may admit the whole or a part thereof.
Such photograph shall be admissible only if the party offering it has delivered a copy of it, or so much thereof as relates to the controversy, to the adverse party a reasonable time before trial, unless in the opinion of the court the adverse party has not been unfairly surprised by the failure to deliver such copy. No such photograph need be submitted to the adverse party as prescribed in this section unless the original instrument would be required to be so submitted.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.42 | Reports or Certified Copies to Be Admitted.

Effective:
June 30, 1971
Latest Legislation:
House Bill 602 - 109th General Assembly
Official reports made by officers of this state, or certified copies of the same, on a matter within the scope of their duty as defined by statute, shall, in so far as relevant, be admitted as evidence of the matters stated therein.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.421 | Prima-Facie Evidence of the Reasonableness of Medical Bills.

Effective:
June 1, 1970
Latest Legislation:
Senate Bill 352 - 108th General Assembly
In an action for damages arising from personal injury or wrongful death, a written bill or statement, or any relevant portion thereof, itemized by date, type of service rendered, and charge, shall, if otherwise admissible, be prima-facie evidence of the reasonableness of any charges and fees stated therein for medication and prosthetic devices furnished, or medical, dental, hospital, and funeral services rendered by the person, firm, or corporation issuing such bill or statement, provided, that such bill or statement shall be prima-facie evidence of reasonableness only if the party offering it delivers a copy of it, or the relevant portion thereof, to the attorney of record for each adverse party not less than five days before trial.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.422 | Authentication of Nursing, Rest, Community Alternative Home and Residential Care Facilities Records.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Notwithstanding sections 2317.40 and 2317.41 of the Revised Code but subject to division (B) of this section, the records, or copies or photographs of the records, of a hospital, homes required to be licensed pursuant to section 3721.01 of the Revised Code, and residential facilities licensed pursuant to section 5119.34 of the Revised Code that provides accommodations, supervision, and personal care services for three to sixteen unrelated adults, in lieu of the testimony in open court of their custodian, person who made them, or person under whose supervision they were made, may be qualified as authentic evidence if any such person endorses thereon the person's verified certification identifying such records, giving the mode and time of their preparation, and stating that they were prepared in the usual course of the business of the institution. Such records, copies, or photographs may not be qualified by certification as provided in this section unless the party intending to offer them delivers a copy of them, or of their relevant portions, to the attorney of record for each adverse party not less than five days before trial. Nothing in this section shall be construed to limit the right of any party to call the custodian, person who made such records, or person under whose supervision they were made, as a witness.
(B) Division (A) of this section does not apply to any certified copy of the results of any test given to determine the presence or concentration of alcohol, a drug of abuse, a combination of them, a controlled substance, or a metabolite of a controlled substance in a patient's whole blood, blood serum or plasma, breath, or urine at any time relevant to a criminal offense that is submitted in a criminal action or proceeding in accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02 of the Revised Code.