reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.88 | Silicosis or Mixed Dust Disease Claim - Tolling of Statute of Limitations - Nonmalignant and Cancer Claims Distinct.

Effective:
September 1, 2004
Latest Legislation:
House Bill 342 - 125th General Assembly
(A) Notwithstanding any other provision of the Revised Code, with respect to any silicosis claim or mixed dust disease claim based upon a nonmalignant condition that is not barred as of the effective date of this section, the period of limitations shall not begin to run until the exposed person discovers, or through the exercise of reasonable diligence should have discovered, that the person has a physical impairment due to a nonmalignant condition. A silicosis claim or a mixed dust disease claim based upon a nonmalignant condition that is filed before the cause of action pursuant to this division arises is preserved for purposes of the period of limitations.
(B) A silicosis claim or a mixed dust disease claim that arises out of a nonmalignant condition shall be a distinct cause of action from a silicosis claim or a mixed dust disease claim, as the case may be, relating to the same exposed person that arises out of silica-related cancer or mixed dust-related cancer. No damages shall be awarded for fear or risk of cancer in any tort action asserting only a silicosis claim or a mixed dust disease claim for a nonmalignant condition.
(C) No settlement of a silicosis claim or a mixed dust disease claim for a nonmalignant condition that is concluded after the effective date of this section shall require, as a condition of settlement, the release of any future claim for silica-related cancer or mixed dust-related cancer.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.90 | Silicosis or Mixed Dust Disease Claim - Operation of Other Laws Unaffected - Exhumation Not Required.

Effective:
September 1, 2004
Latest Legislation:
House Bill 342 - 125th General Assembly
(A) Nothing in sections 2307.84 to 2307.90 of the Revised Code is intended to do, and nothing in any of those sections is interpreted to do, either of the following:
(1) Affect the rights of any party in bankruptcy proceedings;
(2) Affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable claims or demands under a trust established pursuant to a plan of reorganization under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. Chapter 11, to make a claim or demand against that trust.
(B) Sections 2307.84 to 2307.90 of the Revised Code shall not affect the scope or operation of any workers' compensation law or veterans' benefit program or the exclusive remedy of subrogation under the provisions of that law or program and shall not authorize any lawsuit that is barred by any provision of any workers' compensation law.
(C) Nothing in sections 2307.85, 2307.86, 2307.87, and 2307.88 of the Revised Code shall require or permit the exhumation of bodies in making the prima-facie showing as required by section 2307.85 or 2307.86 of the Revised Code or rebutting the presumption as provided in section 2307.85 or 2307.86 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.901 | Silicosis or Mixed Dust Disease Claim - Multiple Defendants - Substantial Factor Test.

Effective:
September 1, 2004
Latest Legislation:
House Bill 342 - 125th General Assembly
(A) If a plaintiff in a tort action alleges any injury or loss to person resulting from exposure to silica or mixed dust as a result of the tortious act of one or more defendants, in order to maintain a cause of action against any of those defendants based on that injury or loss, the plaintiff must prove that the conduct of that particular defendant was a substantial factor in causing the injury or loss on which the cause of action is based.
(B) A plaintiff in a tort action who alleges any injury or loss to person resulting from exposure to silica or mixed dust has the burden of proving that the plaintiff was exposed to silica or mixed dust that was manufactured, supplied, installed, or used by the defendant in the action and that the plaintiff's exposure to the defendant's silica or mixed dust was a substantial factor in causing the plaintiff's injury or loss. In determining whether exposure to a particular defendant's silica or mixed dust was a substantial factor in causing the plaintiff's injury or loss, the trier of fact in the action shall consider, without limitation, all of the following:
(1) The manner in which the plaintiff was exposed to the defendant's silica or mixed dust;
(2) The proximity of the defendant's silica or mixed dust to the plaintiff when the exposure to the defendant's silica or mixed dust occurred;
(3) The frequency and length of the plaintiff's exposure to the defendant's silica or mixed dust;
(4) Any factors that mitigated or enhanced the plaintiff's exposure to silica or mixed dust.
(C) This section applies only to tort actions that allege any injury or loss to person resulting from exposure to silica or mixed dust and that are brought on or after the effective date of this section.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.94 | Asbestos Claim - Tolling of Statute of Limitations - Nonmalignant and Cancer Claims Distinct.

Effective:
September 2, 2004
Latest Legislation:
House Bill 292 - 125th General Assembly
(A) Notwithstanding any other provision of the Revised Code, with respect to any asbestos claim based upon a nonmalignant condition that is not barred as of the effective date of this section, the period of limitations shall not begin to run until the exposed person has a cause of action for bodily injury pursuant to section 2305.10 of the Revised Code. An asbestos claim based upon a nonmalignant condition that is filed before the cause of action for bodily injury pursuant to that section arises is preserved for purposes of the period of limitations.
(B) An asbestos claim that arises out of a nonmalignant condition shall be a distinct cause of action from an asbestos claim relating to the same exposed person that arises out of asbestos-related cancer. No damages shall be awarded for fear or risk of cancer in any tort action asserting only an asbestos claim for a nonmalignant condition.
(C) No settlement of an asbestos claim for a nonmalignant condition that is concluded after the effective date of this section shall require, as a condition of settlement, the release of any future claim for asbestos-related cancer.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.95 | Asbestos Claim - Operation of Other Laws Unaffected.

Effective:
September 2, 2004
Latest Legislation:
House Bill 292 - 125th General Assembly
(A) Nothing in sections 2307.92 to 2307.95 of the Revised Code is intended to do, and nothing in any of those sections shall be interpreted to do, either of the following:
(1) Affect the rights of any party in bankruptcy proceedings;
(2) Affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable claims or demands under a trust established pursuant to a plan of reorganization under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. Chapter 11, to make a claim or demand against that trust.
(B) Sections 2307.91 to 2307.95 of the Revised Code shall not affect the scope or operation of any workers' compensation law or veterans' benefit program or the exclusive remedy of subrogation under the provisions of that law or program and shall not authorize any lawsuit that is barred by any provision of any workers' compensation law.
(C) Except as provided in division (D) of section 2307.92 of the Revised Code and in other provisions that relate to the application of that division and the procedures and criteria it contains, nothing in sections 2307.92, 2307.93, 2307.94, and 2307.95 of the Revised Code is intended, and nothing in any of those sections shall be interpreted, to affect any wrongful death claim, as described in section 2125.01 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.951 | Definitions for Rc Sections 2307.952 to 2307.954.

Effective:
March 27, 2013
Latest Legislation:
House Bill 380 - 129th General Assembly
As used in this section and sections 2307.952 to 2307.954 of the Revised Code:
(A) "Asbestos," "asbestos claim," and "tort action" have the same meanings as in section 2307.91 of the Revised Code.
(B) "Asbestos tort action" means a tort action based on an asbestos claim.
(C) Except as otherwise provided in division (E) of section 2307.954 of the Revised Code, "asbestos trust" means and encompasses all trust entities, claims agents, or claims processing facilities that are created pursuant to the jurisdiction of a United States bankruptcy court and section 524(g) of Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. 524(g), or other applicable provision of law, that are formed for the purpose of compensating claimants asserting eligible asbestos claims, and that are in existence on the date initially set for trial in the asbestos tort action.
(D) "Asbestos trust claim" means any claim for compensation by an exposed person or the exposed person's representative against any asbestos trust.
(E) "Cancer" means a malignant condition.
(F) "Claimant" means any person asserting an asbestos claim or asbestos trust claim. "Claimant" includes a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff.
(G) "Exposed person" means any person whose exposure to asbestos or to asbestos-containing products is the basis for an asbestos claim.
(H) "Noncancer" means a nonmalignant condition.
(I) "Proof of claim" means any form of documentation that a potential claimant against an asbestos trust submits or provides to the asbestos trust that attests to or asserts the existence of any liquidated or unliquidated asbestos claim that the claimant may have against the asbestos trust or its predecessors under any theory of law.
(J) "Trust claims material" means documents constituting an asbestos trust claim, including, but not limited to, claim forms, proofs of claim, and informational material required by an asbestos trust to be submitted by a claimant in order to have the claim evaluated by the asbestos trust and relied upon by the asbestos trust in making its compensation determination.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.952 | Disclosures Pertaining to Asbestos Trust Claims.

Effective:
March 27, 2013
Latest Legislation:
House Bill 380 - 129th General Assembly
(A)(1)(a) Within thirty days after the commencement of discovery in an asbestos tort action that is not otherwise barred or deferred under applicable law or within thirty days of the effective date of this section with respect to an asbestos tort action that is pending on that effective date and in which discovery has commenced, a claimant shall provide to all of the parties in the action a sworn statement by the claimant, under penalty of perjury, identifying all existing asbestos trust claims made by or on behalf of the claimant and all trust claims material pertaining to each identified asbestos trust claim. The sworn statement shall disclose the date on which each asbestos trust claim against the relevant asbestos trust was made and whether any request for a deferral, delay, suspension, or tolling of the asbestos trust claims process has been submitted.
(b) The submission of the sworn statement under division (A)(1)(a) of this section shall be in addition to any disclosure requirements otherwise imposed by law, civil rule, court order or ruling, applicable agreement or stipulation, local rule, or case management order.
(2) If the claimant, subsequent to the submission of the sworn statement under division (A)(1)(a) of this section, files with or submits to any asbestos trust additional asbestos trust claims not previously disclosed, the claimant shall provide to all of the parties in the asbestos tort action an amendment updating the sworn statement and identifying the additional asbestos trust claims. The claimant shall provide any amendment under division (A)(2) of this section within thirty days of filing an additional asbestos trust claim with, or submitting an additional asbestos trust claim to, any asbestos trust.
(3) With respect to any asbestos trust claim that a claimant discloses under division (A)(2) of this section in an amendment to the sworn statement, the claimant shall provide to all of the parties in the asbestos tort action all trust claims material pertaining to each additional asbestos trust claim identified in that amendment. The claimant shall provide the trust claims materials under division (A)(3) of this section within thirty days of filing or submitting each additional asbestos trust claim.
(B) Failure to provide to all of the parties in the asbestos tort action all trust claims material as required by this section in a timely manner shall constitute grounds for the court to decline to assign an initial trial date or extend the date set for trial in the action.
(C) Nothing in this section prevents a court of competent jurisdiction from requiring any disclosures in addition to the disclosures required under this section.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.96 | Asbestos Claim - Multiple Defendants - Substantial Factor Test.

Effective:
September 2, 2004
Latest Legislation:
House Bill 292 - 125th General Assembly
(A) If a plaintiff in a tort action alleges any injury or loss to person resulting from exposure to asbestos as a result of the tortious act of one or more defendants, in order to maintain a cause of action against any of those defendants based on that injury or loss, the plaintiff must prove that the conduct of that particular defendant was a substantial factor in causing the injury or loss on which the cause of action is based.
(B) A plaintiff in a tort action who alleges any injury or loss to person resulting from exposure to asbestos has the burden of proving that the plaintiff was exposed to asbestos that was manufactured, supplied, installed, or used by the defendant in the action and that the plaintiff's exposure to the defendant's asbestos was a substantial factor in causing the plaintiff's injury or loss. In determining whether exposure to a particular defendant's asbestos was a substantial factor in causing the plaintiff's injury or loss, the trier of fact in the action shall consider, without limitation, all of the following:
(1) The manner in which the plaintiff was exposed to the defendant's asbestos;
(2) The proximity of the defendant's asbestos to the plaintiff when the exposure to the defendant's asbestos occurred;
(3) The frequency and length of the plaintiff's exposure to the defendant's asbestos;
(4) Any factors that mitigated or enhanced the plaintiff's exposure to asbestos.
(C) This section applies only to tort actions that allege any injury or loss to person resulting from exposure to asbestos and that are brought on or after the effective date of this section.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2308 | Expedited Foreclosure on Vacant and Abandoned Properties › Section 2308.01 | Definitions.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
As used in this chapter:
(A) "Manufactured home" has the same meaning as in section 3781.06 of the Revised Code.
(B) "Mobile home" has the same meaning as in section 4501.01 of the Revised Code.
(C) "Residential condominium unit" means a "residential unit" as defined in section 5311.01 of the Revised Code.
(D) "Residential mortgage loan" means a loan or agreement to extend credit, including the renewal, refinancing, or modification of such a loan or agreement, that is made to a person and that is primarily secured by a mortgage, deed of trust, or other lien upon any interest in residential property or any certification of stock or other evidence of ownership in, and a proprietary lease from, a corporation or partnership formed for the purpose of cooperative ownership of residential property.
(E) "Residential property" means real property located within this state consisting of land and a structure on that land containing four or fewer dwelling units, each of which is intended for occupancy by a separate household. "Residential property" includes a residential condominium unit, notwithstanding the number of units in the structure, but includes a manufactured or mobile home only if it is taxed as real property.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2308 | Expedited Foreclosure on Vacant and Abandoned Properties › Section 2308.03 | Securing and Protecting Vacant and Abandoned Property.

Effective:
April 6, 2017
Latest Legislation:
House Bill 463 - 131st General Assembly
(A) I f a residential property is found to be vacant and abandoned under section 2308.02 of the Revised Code, a mortgagee on the residential property may enter that property to secure and protect it from damage.
(B) A mortgagee that has not filed a residential mortgage loan foreclosure action on a property for which the mortgagee holds a mortgage may enter and secure that property only if the mortgage contract or other documents provide for such an entry.
(C) The equitable and statutory rights to redemption of a mortgage on a property found to be vacant and abandoned pursuant to section 2308.02 of the Revised Code expire upon the confirmation of sale of the property.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2308 | Expedited Foreclosure on Vacant and Abandoned Properties › Section 2308.031 | Use of Plywood Prohibited.

Effective:
April 6, 2017
Latest Legislation:
House Bill 463 - 131st General Assembly
(A) No person shall use plywood to secure real property that is deemed vacant and abandoned under section 2308.02 of the Revised Code.
(B) Division (A) of this section shall not apply to any person that uses plywood to secure real property that is deemed vacant and abandoned under section 2308.02 of the Revised Code prior to the effective date of this section .
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2308 | Expedited Foreclosure on Vacant and Abandoned Properties › Section 2308.04 | Penalty.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
(A) A person is guilty of criminal mischief in violation of division (A)(1) of section 2909.07 of the Revised Code if all of the following apply:
(1) The person knowingly and with purpose to diminish the value or enjoyment of the residential real property moves, defaces, damages, destroys, or otherwise improperly tampers with the person's own residential real property.
(2) The residential real property is subject to a mortgage.
(3) The person has been served with a summons and complaint in a pending residential mortgage loan foreclosure action relating to that residential real property.
(B) As used in this section, "pending" includes the time between the filing of the foreclosure action and confirmation of sale.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2309 | Pleadings › Section 2309.19 | Cross Demands Compensated.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When cross demands have existed between persons under such circumstances that if one had brought an action against the other a counterclaim could have been set up, neither can be deprived of the benefit thereof by assignment by the other, or by his death. The two demands must be deemed compensated so far as they equal each other.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2309 | Pleadings › Section 2309.59 | Reviewing Court to Disregard Certain Errors.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
In every stage of an action, the court shall disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party. No final judgment or decree shall be reversed or affected by reason of such error or defect. In the judgment of any reviewing court upon any appeal in any civil action, when it is sought to reverse any final judgment or decree or obtain a new trial upon the issues joined in the pleadings, the reviewing court shall certify on its journal whether, in its opinion, substantial justice has been done the party complaining, as shown by the record of the proceedings and final judgment or decree under review. If the reviewing court determines and certifies that, in its opinion, substantial justice has been done to the party complaining as shown by the record, all alleged errors or defects occurring at the trial shall be deemed not prejudicial to the party complaining and shall be disregarded, and the final judgment or decree under review shall be affirmed, or it shall be modified if, in the opinion of such reviewing court, a modification of it will do more complete justice to the party complaining. If the reviewing court determines and certifies that, in its opinion, substantial justice has not been done to the party complaining as shown by the record, such court shall reverse the final judgment or decree and render, or remand the case to the lower court with instructions to render, the final judgment or decree that should have been rendered.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.02 | Issues Defined.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Issues arise on the pleadings where a fact or conclusion of law is maintained by one party and controverted by the other. They are of two kinds:
(A) Issues of law;
(B) Issues of fact.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.04 | Trial of Issues.

Effective:
September 27, 1976
Latest Legislation:
Senate Bill 115 - 111th General Assembly
Issues of law must be tried by the court, unless referred as provided in the Rules of Civil Procedure. Issues of fact arising in actions for the recovery of money only, or specific real or personal property, shall be tried by a jury, unless a jury trial is waived or unless all parties consent to a reference under the Rules of Civil Procedure.
All other issues of fact shall be tried by the court, subject to its power to order any issue to be tried by a jury, or referred.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.05 | Trial Docket.

Effective:
October 27, 1981
Latest Legislation:
Senate Bill 114 - 114th General Assembly
Except in a court having an assignment commissioner pursuant to section 2335.03 of the Revised Code, the clerk of the court shall make a trial docket at least twelve days before the first day of each term, and the cases shall be set for particular days, in the order in which they stand on the appearance docket.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.06 | Numbering of Cases.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A case in all its stages in the same court and upon every docket or book, and all papers filed or issued therein, shall bear the appearance docket number. The clerk of the court shall not place a case upon the trial docket in which nothing remains to be done except to execute an order for the sale of real or personal property and to distribute the proceeds as directed by the order. If it becomes necessary, the case may be redocketed, on the application of either party, whereupon it shall stand in all respects as if it had remained on the docket.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.07 | Order of Hearing Cases.

Effective:
August 22, 2008
Latest Legislation:
Senate Bill 289 - 127th General Assembly
Cases in which there is an issue of fact or damages to be assessed shall be tried in the order in which they stand on the trial docket, unless by the consent of parties, or by the order of the court, they are continued or placed at the end of the docket, or for good cause shown are especially assigned for trial or hearing out of their regular order. Actions for wages and actions pursuant to section 5903.02 of the Revised Code shall be first in order for trial.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.08 | Assignment in Series.

Effective:
August 22, 2008
Latest Legislation:
Senate Bill 289 - 127th General Assembly
The court may assign for trial the cases triable to a jury, in a series, in the order in which they stand upon the docket, giving preference always to actions for wages, actions pursuant to section 5903.02 of the Revised Code, and cases not triable to a jury, in a series in like manner. All other cases shall be heard in the order in which they stand upon the trial docket, unless the court otherwise directs.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.09 | Hearing of Motions and Demurrers.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The court at any time may hear a motion or demurrer and, by rule, prescribe the time of hearing motions and demurrers.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.10 | Assignment When Judge Disqualified.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In any county where there are two or more judges, one of whom is disqualified to hear or try causes upon the trial docket, the causes may be assigned for trial or hearing in a series in the order in which they stand on the docket, by a judge qualified to try them, and be tried and heard in like order.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.11 | Actions Triable.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Actions are triable at the first term of the court after the issues therein, by the times fixed for pleading, or should have been made up. When issues are or should have been made up during a term, such action shall be triable at the term. When issues are or should have been made up either before or during a term of court, but after the period of preparing the trial docket of the term, the clerk of the court, if required by the court, shall place such actions on such docket.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.14 | Interpreter Provided for Person With Hearing, Speech or Other Impediment.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
(A)(1) Whenever because of a hearing, speech, or other impairment a party to or witness in a legal proceeding cannot readily understand or communicate, the court shall appoint a qualified interpreter to assist such person.
(2) This section is not limited to a person who speaks a language other than English. It also applies to the language and descriptions of any person with a developmental disability who cannot be reasonably understood, or who cannot understand questioning, without the aid of an interpreter. The interpreter may aid the parties in formulating methods of questioning the person with a developmental disability and in interpreting the answers of the person.
(B) Before entering upon official duties, the interpreter shall take an oath that the interpreter will make a true interpretation of the proceedings to the party or witness, and that the interpreter will truly repeat the statements made by such party or witness to the court, to the best of the interpreter's ability. If the interpreter is appointed to assist a person with a developmental disability as described in division (A)(2) of this section, the oath also shall include an oath that the interpreter will not prompt, lead, suggest, or otherwise improperly influence the testimony of the witness or party.
(C) The court shall determine a reasonable fee for all such interpreter service which shall be paid out of the same funds as witness fees. If the party taxed with costs is indigent, the court shall not tax the interpreter's fees as costs, and the county or, if the court is a municipal court that is not a county-operated municipal court, the municipal corporation in which the court is located shall pay the interpreter's fees.
(D) As used in this section, " developmental disability" has the same meaning as in section 5123.01 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.21 | Abatement by Death of Party.

Effective:
January 1, 1958
Latest Legislation:
House Bill 937 - 102nd General Assembly
Unless otherwise provided, no action or proceeding pending in any court shall abate by the death of either or both of the parties thereto, except actions for libel, slander, malicious prosecution, for a nuisance, or against a judge of a county court for misconduct in office, which shall abate by the death of either party.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.22 | Dower Not Abated by Death.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the plaintiff in an action for dower dies before final judgment therein, the action may be revived in the name of the personal representative of such plaintiff for the purpose of recovering the value of such dower, from the beginning of the action to the decedent's death.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.33 | Limitation When Defendant Dies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An order to revive an action against the successor of a defendant, other than the executor or administrator, shall not be made without the consent of such successor, unless made within one year from the time it first could have been made.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.34 | Limitation When Plaintiff Dies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An order to revive an action in the name of the representative or successor of a plaintiff may be made forthwith, but shall not be made, of right, without the consent of the defendant, after the expiration of one year from the time it might first have been made. When the powers of the defendant have ceased, the order of revivor may be made in the period limited in section 2311.33 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.39 | Change of Venue in Corporation Suit.

Effective:
September 16, 1957
Latest Legislation:
House Bill 702 - 102nd General Assembly
When a corporation having more than fifty stockholders is a party in an action pending in a county in which the corporation keeps its principal office, or transacts its principal business, if the opposite party makes affidavit that he cannot, as he believes, have a fair and impartial trial in that county, and his application is sustained by the several affidavits of five creditable persons residing in such county, the court shall change the venue to the adjoining county most convenient for both parties.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.40 | Itemized Bill of Costs and Expenses Certified to County Auditor.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all civil actions in which the venue is changed, the clerk of the county to which such action has been sent, upon its termination in the courts of his county, shall make a full itemized bill of all costs and expenses of such action which have been paid out of the county treasury of the county to which it was changed, and certify such bill of costs and expenses to the county auditor of the county from which such action was sent. The auditor of the county in which it was instituted shall draw his warrant upon the treasury of his county, payable to the treasurer of the county, in which such trial was conducted for the full amount of costs and expenses, certified as provided in this section.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2311 | Trial-Related Matters › Section 2311.42 | Jury May Be Drawn From Adjoining County.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
In any civil case pending in the court of common pleas of any county in which the parties are entitled to a trial by jury, if it appears that the board of county commissioners of the county in which the action is pending is a party to the action, the court, upon the application of either party, shall certify that fact to the clerk of the court of common pleas in any adjoining county, together with the time fixed for the trial of the case and the number of jurors to be drawn, and shall order the clerk and commissioners of jurors of that county to draw from the annual jury list the number of names of persons certified to serve as jurors in the trial of such cases in that county. The sheriff or commissioners of jurors of the county from which the jury is drawn shall summon the jurors as provided in section 2313.10 of the Revised Code. The persons so drawn and summoned shall, in obedience to the summons, appear in the court of the county in which the action is pending to serve as jurors therein, being impaneled and subject to challenge the same as in other civil cases.
Each juror shall receive the greater of the compensation established for jurors in the adjoining county or three dollars for each day of service and mileage, and all costs, including the costs incident to the drawing, issuing, and service of the venire shall be paid from the county treasury in which the action is pending upon certificate by the clerk of that county as to the service and mileage of the jurors, and to the officers performing those services, upon the certificate of those officers.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.01 | Commissioners of Jurors; Examination of Jurors.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
(A) The judges of the general division of the court of common pleas shall appoint two persons, neither of whom shall be an attorney at law nor more than one of whom shall be of the same political party, and either or both of whom may be court employees, to be commissioners of jurors for the county. The appointments shall be made in writing, by the judge or a majority of all the judges in those counties where there is more than one judge, and shall be filed in the office of the clerk of the court of common pleas of the county and entered upon the journal of the court. The commissioners shall hold office at the pleasure of the judges of the court of common pleas in the county of their appointment. The judges may at any time, by a vote of a majority of all their number, remove any commissioner and appoint a successor. Upon a vacancy occurring in the office of commissioners of jurors, for any cause, the judges shall, as soon as practicable, in like manner appoint a successor. The successor so appointed shall be of the same political party as the commissioner whose place is to be filled. The commissioners shall be officers of the courts of common pleas in such county.
(B) The commissioners may examine under oath any juror called for trial as to that person's qualifications to serve as a juror.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.02 | Compensation - Appointment of Deputies; Administration of Oaths or Affirmations.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
(A) The commissioners of jurors shall receive compensation fixed by the court of common pleas payable out of the county treasury. They may appoint and remove, with the consent of the court, expressed in writing, as many deputy commissioners as are necessary to carry out Chapter 2313. of the Revised Code. The deputy commissioners shall receive compensation fixed by the court of common pleas payable out of the county treasury. Such compensation may at any time be changed by the court. All appointments made under this section shall be filed in the office of the clerk of the court of common pleas and entered on the journal of the court.
(B) The commissioners of jurors may, in writing, authorize a deputy to perform any duty or class of duties that a commissioner may perform. The commissioners or any deputy may administer an oath or affirmation in relation to any matter governed by Chapter 2313. of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.03 | Oath of Office.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
Before entering upon the duties of their office, the commissioners of jurors and any deputy commissioners shall take and subscribe to the following oath of office, and file it with the clerk of the court of common pleas:
"I do solemnly swear (or affirm) that I will honestly and faithfully discharge the duties of a commissioner of jurors (or deputy commissioner of jurors) without fear or favor; and that I will report to the court the names of any and all persons who, in any manner, seek by request, hint, or suggestion to influence me in the selection of jurors; and this I do as I shall answer to God" (or, "and this I do under the pains and penalties of perjury").
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.04 | Office and Supplies.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
The board of county commissioners shall provide a suitable office for the commissioners of jurors on the order of the court of common pleas and shall make provision for supplying all equipment, stationery, postage, advertisement expenses, computer software, and other supplies as are necessary for the proper and convenient conduct of the commissioners in discharging the duties imposed by Chapter 2313. of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.05 | Establishment of Jury Year.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
The court of common pleas shall establish the date on which the jury year shall begin. The court may divide each jury year into parts.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.07 | Number of Jurors Drawn.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
(A) The number of jurors to be drawn for the jury year, and each separate part of a jury year, or for any special term of a court of record, at which issues of facts are triable by jury, shall be fixed by a general order of the court for which such jurors are drawn. The order shall be filed in the office of the clerk of the court for which the jurors are to be drawn. If the number has not been fixed at the time of the drawing, the commissioners of jurors shall fix a number they determine necessary for the business of the court for such jury year or such part of a jury year.
(B) At any time during the jury year, the court may order an additional number of jurors to be drawn by the commissioners of jurors for the jury year or for a part of a jury year at which the order is made or for immediate service in a particular case. The order shall specify the number to be drawn.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.08 | Notice of Drawing; Collection of Forfeiture.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
(A) At least six days before the drawing of jurors under section 2313.09 of the Revised Code, the commissioners of jurors shall publish notice of the drawing in at least one newspaper of general circulation in the county. They shall also serve written notice upon the clerk of the court of common pleas and at least one judge of the court of common pleas of the county.
(B) All drawings of jurors shall be public on a day designated by the commissioners of jurors. A commissioner or a designated deputy commissioner, a judge of the court of common pleas or the judge's designated representative, and the clerk of the court of common pleas or the clerk's deputy or other designated representative shall attend at the office of the commissioners to supervise the jury list selection process.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.09 | Methods for Drawing Jurors; Certification and Filing of List.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
(A) To conduct a drawing of jurors, the commissioners of jurors may use any manual, electronic, or automated method that provides each person on the annual or supplemental jury source list with an equal, random probability of selection. The commissioners shall document the method used. The list drawn shall be the annual jury list or supplemental annual jury list.
(B) The commissioners shall certify and file in their office the annual jury list or supplemental annual jury list. The commissioners shall enter the names on the list alphabetically in a suitable book or record to be known as the annual jury list or supplemental annual jury list and record with each name the person's place of residence, date of birth, and citizenship, as nearly as they can be ascertained. The commissioners shall certify and file in the office of the clerk of the court of common pleas a duplicate of the list.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.10 | Commissioner May Establish Electronic Juror Notification System.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
(A) The commissioners of jurors may send to a juror whose name is drawn a printed notice informing the juror that the juror has been drawn for jury duty and will be summoned by the sheriff or commissioners of jurors. The notice may contain copies of the portions of Chapter 2313. of the Revised Code that the commissioners consider advisable.
(B) The commissioners of jurors may establish an electronic notification system to allow a person who has been drawn as a juror to be notified electronically that the juror shall attend in person the jury year or part of the jury year specified in the notice. The types of electronic notification include, but are not limited to, cellular telephone, pager, e-mail, or other forms of telecommunication. If the commissioners of jurors establish an electronic notification system, the commissioners shall establish a procedure for implementing the system, a procedure for the juror to select the method of electronic notification that is applicable to the juror, and a procedure for the juror to opt in or opt out of the electronic notification system, whichever is applicable.
(C) If under division (B) of this section the commissioners of jurors establish a procedure for the electronic notification of a person who has been drawn as a juror, the notice addressed to the juror and served pursuant to division (B) of this section shall specify the procedure for electronically notifying the juror.
(D) The sheriff, commissioners of jurors, or clerk of the court of common pleas shall summon each juror to attend in person or electronically the jury year, part of a jury year, or specified date within a part of the jury year for which the juror was drawn by serving upon the juror at least six days before the commencement of the jury year, part of a jury year, or specified date within a part of the jury year a summons addressed to the juror stating that the juror has been drawn and is required to attend in person the jury year, part of a jury year, or specified date within a part of the jury year specified in the notice. The jury commissioners or sheriff shall serve the summons by mail or by leaving it at the juror's residence or usual place of business.
(E) When the sheriff is interested in a cause in any court of record, only the jury commissioners shall summon the jurors.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.11 | Summoning Jurors.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
(A) When, by reason of challenge or other cause, enough jurors to make up the panel, either of the grand or petit jury, are not present, or if the array is set aside, upon order of the court the sheriff or commissioners of jurors shall immediately summon as many persons having the qualifications of a juror as, in the opinion of the court, are necessary. The summoned jurors shall appear forthwith or at such times as the court fixes.
(B) No person known to be in or about the courthouse shall be summoned without the consent of both parties.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.12 | Obligation to Serve as Juror.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
It is the policy of this state that every qualified citizen has an obligation to serve on petit juries when summoned by the courts of this state unless the citizen is excused as provided in Chapter 2313. of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.13 | Race or Color Shall Not Disqualify a Juror.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
No officer or other person charged with a duty in compiling the jury source list or the annual jury list or summoning jurors shall exclude or fail to summon a citizen as a grand or petit juror on account of race or color, provided such citizen possesses all other qualifications required by law for jurors.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2313 | Commissioners of Jurors › Section 2313.16 | Array May Be Set Aside.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
A challenge to the array may be made by any party. The whole array may be set aside by the court when the jury, grand or petit, was not selected, drawn, or summoned as required by Chapter 2313. of the Revised Code or if any group protected by section 2313.13 of the Revised Code is systematically excluded from the jury selection process. No indictment shall be quashed or verdict set aside for any irregularity in the selection of jurors if the jurors possessed the requisite qualifications to act as jurors.