reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2701 | Courts of Record - General Provisions › Section 2701.12 | Removal, Suspension or Retirement of Judge.

Effective:
October 30, 1965
Latest Legislation:
Senate Bill 334 - 106th General Assembly
(A) Cause for removal or suspension of a judge from office without pay under section 2701.11 of the Revised Code exists when he has, since first elected or appointed to judicial office:
(1) Engaged in any misconduct involving moral turpitude, or a violation of such of the canons of judicial ethics adopted by the supreme court as would result in a substantial loss of public respect for the office;
(2) Been convicted of a crime involving moral turpitude; or
(3) Been disbarred or suspended for an indefinite period from the practice of law for misconduct occurring before such election or appointment.
(B) Grounds for retirement of a judge from office for disability exist when he has a permanent physical or mental disability which prevents the proper discharge of the duties of his office.
(C) Grounds for suspension without pay of a judge from office for disability exist when he has a physical or mental disability which will prevent the proper discharge of the duties of his office for an indefinite time.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2701 | Courts of Record - General Provisions › Section 2701.17 | Misprision of Clerk.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
A mistake, neglect, or omission of the clerk of a court is not a ground of error until it has been presented and acted upon in the court in which the mistake, neglect, or omission occurred.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2701 | Courts of Record - General Provisions › Section 2701.18 | Premature Judgment Deemed Clerical Error.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
Rendering judgment before the action stood for trial according to Title XIX, XXI, XXIII, XXV, XXVII, or XXIX of the Revised Code and any rules applicable to a court shall be deemed a clerical error.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2701 | Courts of Record - General Provisions › Section 2701.19 | Lien of Judgment on Appeal.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
When the party against whom a judgment is rendered appeals his cause, the lien of the opposite party on the real estate of the appellant that was created by the judgment, shall not be removed or vacated. The real estate shall be bound in the same manner as if the appeal had not been taken, until final determination of the cause.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2701 | Courts of Record - General Provisions › Section 2701.20 | Clerk's Refusal of Documents Materially False or Fraudulent.

Effective:
November 6, 1996
Latest Legislation:
House Bill 644 - 121st General Assembly
(A) Notwithstanding any other provision of the Revised Code, if a person presents a document to the clerk of a court of record for filing or for docketing and indexing, the clerk may refuse to accept the document for filing or refuse to docket and index the document if the document is not required or authorized to be filed or to be docketed and indexed with the clerk or the clerk has reasonable cause to believe the document is materially false or fraudulent. This division does not create a duty upon the clerk to inspect, evaluate, or investigate a document that is presented for filing or for docketing and indexing.
(B) If the clerk of a court of record, pursuant to division (A) of this section, refuses to accept a document for filing or refuses to docket and index a document, the person who presented the document to the clerk may commence an action in or apply for an order from the court that the clerk serves to require the clerk to accept the document for filing or to docket and index the document. If the court determines that the document is appropriate for filing or for docketing and indexing, it shall order the clerk to accept the document for that purpose.
(C) If the clerk of a court of record, acting under this section in a manner that is not described in division (A)(6)(b) of section 2744.03 of the Revised Code, improperly refuses to accept a document for filing or refuses to docket and index a document, the clerk shall not be personally liable on account of the improper refusal and the surety that issued the bond shall not have a right of subrogation against the clerk on account of a claim made on the clerk's bond as a result of the improper refusal.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2703 | Service of Summons › Section 2703.141 | Service of Process by Publication - Foreclosure Action.

Effective:
September 11, 2008
Latest Legislation:
House Bill 138 - 127th General Assembly
(A) If service by publication is necessary in an action to foreclose a mortgage or to enforce a lien or other encumbrance or charge on real property, the party seeking service by publication shall cause the publication to be made once a week for three consecutive weeks instead of as provided by Civil Rule 4.4.
(B) In any county that has adopted a permanent parcel system, the parcel may be described in the notice described in division (A) of this section by listing the complete street address and the parcel number, instead of also with a complete legal description, or the parcel may be described in the notice by listing the complete street address of the parcel and by indicating that the complete legal description of the parcel may be obtained from the county auditor.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2703 | Service of Summons › Section 2703.20 | Service of Process Upon Nonresident Owners or Operators of Motor Vehicles.

Effective:
October 4, 1955
Latest Legislation:
Senate Bill 60 - 101st General Assembly
Any nonresident of this state, being the operator or owner of any motor vehicle, who accepts the privilege extended by the laws of this state to nonresident operators and owners, of operating a motor vehicle or of having the same operated, within this state, or any resident of this state, being the licensed operator or owner of any motor vehicle under the laws of this state, who subsequently becomes a nonresident or conceals his whereabouts, by such acceptance or licensure and by the operation of such motor vehicle within this state makes the secretary of state of the state of Ohio his agent for the service of process in any civil suit or proceeding instituted in the courts of this state against such operator or owner of such motor vehicle, arising out of, or by reason of, any accident or collision occurring within this state in which such motor vehicle is involved. Such appointment shall be irrevocable and binding upon the executor or administrator of such nonresident operator or owner.
Such process shall be served, by the officer to whom the same is directed, or by the sheriff of Franklin county, who may be deputized for such purposes by the officer to whom the service is directed, upon the secretary of state by leaving at the office of the secretary of state, at least fifteen days before the return day of such process, a true and attested copy thereof, and by sending to the defendant, by registered mail, postage pre-paid, a like true and attested copy, with an indorsement thereon of the service upon said secretary of state, addressed to such defendant at his last known address. The registered mail return receipt of such defendant shall be attached to and made a part of the return of service of such process.
Where the nonresident operator or owner dies prior to the commencement of an action brought pursuant to this section, service of process may be made on the executor or administrator of such nonresident operator or owner in the same manner and on the same notice as is provided in the case of a nonresident operator or owner. Where an action has been commenced under the provisions of this section by service on a defendant who dies thereafter the court must allow the action to be continued against his executor or administrator upon motion with such notice as the court deems proper. Where the nonresident operator or owner of such motor vehicle is an infant, service in the manner provided in this section shall be made upon the infant only, and service upon the persons named in section 2703.13 of the Revised Code shall not be required.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2703 | Service of Summons › Section 2703.201 | Nonresident Owners and Other Operators of Aircraft Service of Summons.

Effective:
January 23, 1963
Latest Legislation:
House Bill 1 - 105th General Assembly
Any nonresident of this state, being the pilot, operator, legal or equitable owner, lessor, or lessee of any aircraft, who accepts the privilege of operating an aircraft, or of having the same operated within or over this state, or any resident of this state, being the pilot, operator, legal or equitable owner, lessor, or lessee of any aircraft, who subsequently becomes a nonresident or conceals his whereabouts, by operation of such aircraft within or over this state makes the secretary of state of this state his agent for the service of summons in any civil suit or proceeding instituted in the courts of this state against any pilot, operator, legal or equitable owner, lessor, or lessee of such aircraft arising out of or by reason of any damage, accident, or injury occurring within this state during such operation. Such appointment is irrevocable and binding upon the executor or administrator of such nonresident pilot, operator, legal or equitable owner, lessor, or lessee.
Such summons shall be served by the officer to whom the same is directed or by the sheriff of Franklin county, who may be deputized for such purposes by the officer to whom the service is directed, upon the secretary of state by leaving at the office of the secretary of state at least fifteen days before the return day of such process, a true and attested copy thereof, and by sending to the defendant, by registered or certified mail, return receipt requested, postage prepaid, a true and attested copy with an endorsement thereon of the service upon said secretary of state, addressed to the defendant at his last known address. The registered or certified mail return receipt of such defendant shall be attached to and made a part of the return of service of such summons. The return day shall be the third Monday after the date of such summons.
Where the nonresident pilot, operator, legal or equitable owner, lessor, or lessee dies prior to the commencement of an action brought pursuant to this section, service of summons shall be made on the executor or administrator of such nonresident pilot, operator, legal or equitable owner, lessor, or lessee in the same manner and by the same notice as is provided in the case of a nonresident pilot, operator, legal or equitable owner, lessor, or lessee. Where an action has been commenced under this section by service on a defendant who dies thereafter, the court must allow the action to be continued against his executor or administrator upon motion with such notice as the court deems proper. Where the nonresident pilot, operator, legal or equitable owner, lessor, or lessee of such aircraft is an infant, service in the manner provided in this section shall be made upon the infant only and service upon the persons named in section 2703.13 of the Revised Code is not required.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2703 | Service of Summons › Section 2703.24 | Proceedings When Name of Party Is Unknown.

Effective:
October 4, 1955
Latest Legislation:
Senate Bill 30 - 101st General Assembly
When it appears by affidavit that the name and residence of a necessary party are unknown to the plaintiff, proceedings against him may be had without naming him; and the court shall make an order respecting the publication of notice, but the order shall require not less than six weeks' publication.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2703 | Service of Summons › Section 2703.26 | Lis Pendens in General.

Effective:
September 11, 2008
Latest Legislation:
House Bill 138 - 127th General Assembly
When a complaint is filed, the action is pending so as to charge a third person with notice of its pendency. While pending, no interest can be acquired by third persons in the subject of the action, as against the plaintiff's title.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2703 | Service of Summons › Section 2703.27 | Lis Pendens as to Suits in Other Counties.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a part of real property, the subject matter of an action, is situated in a county other than the one in which the action is brought, a certified copy of the judgment in such action must be recorded in the county recorder's office of such other county before it operates therein as notice so as to charge third persons, as provided in section 2703.26 of the Revised Code. It shall operate as such notice, without record, in the county where it is rendered. This section does not apply to actions or proceedings under any statute which does not require such record.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2703 | Service of Summons › Section 2703.29 | Service of Summons on Cross Petition Upon Nonresident Plaintiff.

Effective:
July 28, 1965
Latest Legislation:
Senate Bill 12 - 106th General Assembly
When a plaintiff is not a resident of the state and a defendant files a cross petition, service of summons on the cross petition may be made upon such nonresident plaintiff by registered mail directed to the plaintiff at the address listed by plaintiff with the clerk of courts of the county in which the action is pending and the return of the sheriff shall be in accordance with section 2703.23 of the Revised Code.
Thereafter continued prosecution of the case by the nonresident plaintiff shall be deemed a waiver of service of summons on the cross petition.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2705 | Contempt of Court › Section 2705.01 | Summary Punishment for Contempt.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A court, or judge at chambers, may summarily punish a person guilty of misbehavior in the presence of or so near the court or judge as to obstruct the administration of justice.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2705 | Contempt of Court › Section 2705.02 | Acts in Contempt of Court.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
A person guilty of any of the following acts may be punished as for a contempt:
(A) Disobedience of, or resistance to, a lawful writ, process, order, rule, judgment, or command of a court or officer;
(B) Misbehavior of an officer of the court in the performance of official duties, or in official transactions;
(C) A failure to obey a subpoena duly served, or a refusal to be sworn or to answer as a witness, when lawfully required;
(D) The rescue, or attempted rescue, of a person or of property in the custody of an officer by virtue of an order or process of court held by the officer;
(E) A failure upon the part of a person recognized to appear as a witness in a court to appear in compliance with the terms of the person's recognizance;
(F) A failure to comply with an order issued pursuant to section 3109.19 or 3111.81 of the Revised Code;
(G) A failure to obey a subpoena issued by the department of job and family services or a child support enforcement agency pursuant to section 5101.37 of the Revised Code;
(H) A willful failure to submit to genetic testing, or a willful failure to submit a child to genetic testing, as required by an order for genetic testing issued under section 3111.41 of the Revised Code.
Last updated September 25, 2023 at 4:48 PM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2705 | Contempt of Court › Section 2705.03 | Hearing.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In cases under section 2705.02 of the Revised Code, a charge in writing shall be filed with the clerk of the court, an entry thereof made upon the journal, and an opportunity given to the accused to be heard, by himself or counsel. This section does not prevent the court from issuing process to bring the accused into court, or from holding him in custody, pending such proceedings.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2705 | Contempt of Court › Section 2705.04 | Right of Accused to Bail.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In proceedings under section 2705.02 of the Revised Code, if the writ is not returnable forthwith, the court may fix the amount of a bond to be given by the accused, with surety to the satisfaction of the sheriff. Upon the return of a writ, when it is not convenient to hear the charge without delay, the court shall fix the amount of a bond to be given, with surety to the satisfaction of the clerk of the court, for the appearance of the accused to answer the charge.
On the execution of such bond, the accused shall be released from custody.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2705 | Contempt of Court › Section 2705.05 | Hearings for Contempt Proceedings.

Effective:
December 1, 1986
Latest Legislation:
House Bill 509 - 116th General Assembly
(A) In all contempt proceedings, the court shall conduct a hearing. At the hearing, the court shall investigate the charge and hear any answer or testimony that the accused makes or offers and shall determine whether the accused is guilty of the contempt charge. If the accused is found guilty, the court may impose any of the following penalties:
(1) For a first offense, a fine of not more than two hundred fifty dollars, a definite term of imprisonment of not more than thirty days in jail, or both;
(2) For a second offense, a fine of not more than five hundred dollars, a definite term of imprisonment of not more than sixty days in jail, or both;
(3) For a third or subsequent offense, a fine of not more than one thousand dollars, a definite term of imprisonment of not more than ninety days in jail, or both.
(B) In all contempt proceedings initiated pursuant to section 2705.031 of the Revised Code against an employer, the bureau of workers' compensation, an employer that is paying workers' compensation benefits, a board, board of trustees, or other governing entity of a retirement system, person paying or distributing income to an obligor under a support order, or financial institution that is ordered to withhold or deduct an amount of money from the income or other assets of a person required to pay support and that fails to withhold or deduct the amount of money as ordered by the support order, the court also may require the employer, the bureau of workers' compensation, an employer that is paying workers' compensation benefits, a board, board of trustees, or other governing entity of a retirement system, person paying or distributing income to an obligor under a support order, or financial institution to pay the accumulated support arrearages.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2705 | Contempt of Court › Section 2705.06 | Imprisonment Until Order Obeyed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the contempt consists of the omission to do an act which the accused yet can perform, he may be imprisoned until he performs it.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2705 | Contempt of Court › Section 2705.07 | Proceedings When Party Released on Bail Fails to Appear.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the party released on bail under section 2705.04 of the Revised Code fails to appear upon the day named, the court may issue another order of arrest, or order the bond for his appearance to be prosecuted, or both. If the bond is prosecuted, the measure of damages in the action is the extent of loss or injury sustained by the aggrieved party by reason of the misconduct for which the contempt was prosecuted, and the costs of the proceeding. Such recovery is for the benefit of the party injured.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2705 | Contempt of Court › Section 2705.08 | Release of Prisoner Committed for Contempt.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a person is committed to jail for contempt, the court or judge who made the order may discharge him from imprisonment when it appears that the public interest will not suffer thereby.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2705 | Contempt of Court › Section 2705.09 | Judgment Final.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The judgment and orders of a court or officer made in cases of contempt may be reviewed on appeal. Appeal proceedings shall not suspend execution of the order or judgment until the person in contempt files a bond in the court rendering the judgment, or in the court or before the officer making the order, payable to the state, with sureties to the acceptance of the clerk of that court, in an amount fixed by the reviewing court, or a judge thereof, conditioned that if judgment is rendered against such person he will abide by and perform the order or judgment.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2707 | Amercement › Section 2707.01 | Amercement of Officer.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If an execution or order of sale directed to an officer comes to his hands to be executed, and he neglects or refuses to execute it; or if he neglects or refuses to sell property of any kind which, by a writ or order, he is directed to sell; or fails to call an inquest, or to return to the clerk's office a copy of the certificate of appraisement made by the inquest; or neglects to return to the proper court an execution or order of sale to him directed on or before the return day thereof; or neglects to return a correct inventory of personal property taken on execution unless he returns that the amount of the judgment, including costs, has been paid to him; or neglects, on demand, to pay to the person entitled thereto money by him collected or received for the use of such person; or neglects or refuses, on demand, to pay the judgment debtor all money by him received on a sale made, beyond what is sufficient to satisfy the writ or order of sale, with interest and costs, on motion in court, and notice thereof, in writing, as provided in section 2707.02 of the Revised Code, such officer shall be amerced in the amount of such judgment, including costs, with ten per cent thereon, to and for the use of the plaintiff or defendant.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2707 | Amercement › Section 2707.02 | Notice of Motion for Amercement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the officer resides in the county in which the motion mentioned in section 2707.01 of the Revised Code is made, notice shall be served upon him at least two days before it is heard. If he is an officer of another county, the notice shall be served upon him, or left at his office, at least fifteen days before the first day of the term at which the motion will be heard, or sent to him by mail at least sixty days before such day.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2707 | Amercement › Section 2707.03 | Amercement for Not Serving or Returning Process.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If an officer fails to execute a summons, order, execution, or other process directed to him, or to return it, as required by law, unless he makes it appear, to the satisfaction of the court, that he was prevented by unavoidable accident from so doing, he shall be amerced, upon motion and notice, as provided in sections 2707.01 and 2707.02 of the Revised Code, in a sum not exceeding one thousand dollars, and be liable to the action of any person aggrieved by such failure. Such officer is not liable to an action or amercement for a failure to execute such process directed to him from a county other than that in which he was elected, unless his fees are deposited with the clerk who issued the process, and an indorsement is made and subscribed by such clerk thereon at the time of its issue, in these words: "Funds are deposited to pay the sheriff on this process."
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2707 | Amercement › Section 2707.04 | Clerks May Be Amerced for Not Paying Over Money.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a clerk of a court neglects or refuses, on demand, to pay, to the person entitled thereto, money by him received in his official capacity for the use of such person, he may be amerced, on motion and notice as provided in sections 2707.01 and 2707.02 of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2707 | Amercement › Section 2707.05 | Amount of Amercement for Not Paying Over Money.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the cause of amercement is the refusal to pay over money collected, the officer shall not be amerced in a greater sum than the amount withheld, with ten per cent thereon.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2707 | Amercement › Section 2707.06 | Surety May Be Made Party to Judgment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A surety of an officer may be made party to the judgment rendered against such officer under sections 2707.01 to 2707.05, inclusive, of the Revised Code, by action, but the goods and chattels, and lands and tenements, of such surety shall not be liable to execution when sufficient goods and chattels, and lands and tenements, of the officer against whom execution is issued, can be found to satisfy the execution. Either party may proceed against the officer by attachment.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2707 | Amercement › Section 2707.07 | Officer May Have Execution on Original Judgment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If an officer who is amerced has not collected the amount of the original judgment, he may sue out an execution and collect, for his own use, the amount of the judgment, in the name of the original plaintiff.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2710 | Uniform Mediation Act › Section 2710.01 | Definitions.

Effective:
October 29, 2005
Latest Legislation:
House Bill 303 - 125th General Assembly
As used in sections 2710.01 to 2710.10 of the Revised Code:
(A) "Mediation" means any process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.
(B) "Mediation communication" means a statement, whether oral, in a record, verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.
(C) "Mediator" means an individual who conducts a mediation.
(D) "Nonparty participant" means a person, other than a party or mediator, that participates in a mediation.
(E) "Mediation party" means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.
(F) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, agency or instrumentality of the state or of any political subdivision of the state, public corporation, or any other legal or commercial entity.
(G) "Proceeding" means either of the following:
(1) A judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery;
(2) A legislative hearing or similar process.
(H) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(I) "Sign" means either of the following:
(1) To execute or adopt a tangible symbol with the present intent to authenticate a record;
(2) To attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2710 | Uniform Mediation Act › Section 2710.02 | Application of Chapter.

Effective:
October 29, 2005
Latest Legislation:
House Bill 303 - 125th General Assembly
(A) Except as otherwise provided in division (B) or (C) of this section, sections 2710.01 to 2710.10 of the Revised Code apply to a mediation under any of the following circumstances:
(1) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator.
(2) The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure.
(3) The mediation parties use as a mediator an individual who holds himself or herself out as a mediator, or the mediation is provided by a person that holds itself out as providing mediation.
(B) Sections 2710.01 to 2710.10 of the Revised Code do not apply to a mediation in which any of the following apply:
(1) The mediation relates to the establishment, negotiation, administration, or termination of a collective bargaining relationship.
(2) The mediation relates to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that sections 2710.01 to 2710.10 of the Revised Code apply to a mediation arising out of a dispute that has been filed with an administrative agency or court.
(3) The mediation is conducted by a judge or magistrate who might make a ruling on the case.
(4) The mediation is conducted under the auspices of either of the following:
(a) A primary or secondary school if all the parties are students;
(b) A correctional institution for youths if all the parties are residents of that institution.
(C) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under sections 2710.03, 2710.04, and 2710.05 of the Revised Code do not apply to the mediation or part agreed upon. However, sections 2710.03, 2710.04, and 2710.05 of the Revised Code do apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2710 | Uniform Mediation Act › Section 2710.03 | Mediation Communications Privileged.

Effective:
October 29, 2005
Latest Legislation:
House Bill 303 - 125th General Assembly
(A) Except as otherwise provided in section 2710.05 of the Revised Code, a mediation communication is privileged as provided in division (B) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided in section 2710.04 of the Revised Code.
(B) In a proceeding, the following privileges apply:
(1) A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.
(2) A mediator may refuse to disclose a mediation communication. A mediator may prevent any other person from disclosing a mediation communication of the mediator.
(3) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.
(C) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2710 | Uniform Mediation Act › Section 2710.04 | Waiver of Privilege - Privilege Precluded.

Effective:
October 29, 2005
Latest Legislation:
House Bill 303 - 125th General Assembly
(A) A privilege under section 2710.03 of the Revised Code may be waived in a record or orally during a proceeding if it is expressly waived by all mediation parties and by whichever of the following is applicable:
(1) In the case of the privilege of a mediator, it is expressly waived by the mediator.
(2) In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.
(B) A person that discloses or makes a representation about a mediation communication that prejudices another person in a proceeding is precluded from asserting a privilege under section 2710.03 of the Revised Code, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.
(C) A person that intentionally uses a mediation to plan, attempt to commit, or commit a crime or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under section 2710.03 of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2710 | Uniform Mediation Act › Section 2710.06 | Communication or Disclosure by Mediator.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
(A) Except as provided in division (B) of this section and section 3109.052 of the Revised Code, a mediator shall not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, department, agency, or officer of this state or its political subdivisions that may make a ruling on the dispute that is the subject of the mediation.
(B) A mediator may disclose any of the following:
(1) Whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;
(2) A mediation communication as permitted by section 2710.05 of the Revised Code;
(3) A mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against abuse, neglect, abandonment, or exploitation.
(C) A communication made in violation of division (A) of this section shall not be considered by a court, administrative agency, or arbitrator.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2710 | Uniform Mediation Act › Section 2710.07 | Confidentiality of Mediation Communications.

Effective:
October 29, 2005
Latest Legislation:
House Bill 303 - 125th General Assembly
Except as provided in sections 121.22 and 149.43 of the Revised Code, mediation communications are confidential to the extent agreed by the parties or provided by other sections of the Revised Code or rules adopted under any section of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2710 | Uniform Mediation Act › Section 2710.08 | Inquiry by Proposed Mediator - Disclosures - Qualifications - Impartiality.

Effective:
October 29, 2005
Latest Legislation:
House Bill 303 - 125th General Assembly
(A) Before accepting a mediation, an individual who is requested to serve as a mediator shall do both of the following:
(1) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation;
(2) Disclose any known fact described in division (A)(1) of this section to the mediation parties as soon as is practical before accepting a mediation.
(B) If a mediator learns any fact described in division (A)(1) of this section after accepting a mediation, the mediator shall disclose it to the mediation parties as soon as is practicable.
(C) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.
(D) A person that violates division (A), (B), (C), or (G) of this section is precluded from asserting a privilege under section 2710.03 of the Revised Code.
(E) Divisions (A), (B), (C), and (G) of this section do not apply when the mediation is conducted by a judge who might make a ruling on the case.
(F) Sections 2710.01 to 2710.10 of the Revised Code do not require that a mediator have a special qualification by background or profession.
(G) A mediator shall be impartial, unless after disclosure of the facts required to be disclosed by divisions (A) and (B) of this section the parties agree otherwise.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2710 | Uniform Mediation Act › Section 2710.09 | Participation of Party's Attorney - Withdrawal of Mediator.

Effective:
October 29, 2005
Latest Legislation:
House Bill 303 - 125th General Assembly
An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded. A mediator may withdraw as mediator at any time.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2710 | Uniform Mediation Act › Section 2710.10 | Preemption of Federal Electronic Signatures Statute.

Effective:
October 29, 2005
Latest Legislation:
House Bill 303 - 125th General Assembly
Sections 2710.01 to 2710.10 of the Revised Code may modify, limit, or supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but sections 2710.01 to 2710.10 of the Revised Code shall not modify, limit, or supersede section 101(c) of that act or authorize electronic delivery of any of the notices described in section 103(b) of that act.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.01 | Provision in Contract for Arbitration of Controversies Valid - Exceptions.

Effective:
October 23, 1991
Latest Legislation:
House Bill 221 - 119th General Assembly
(A) A provision in any written contract, except as provided in division (B) of this section, to settle by arbitration a controversy that subsequently arises out of the contract, or out of the refusal to perform the whole or any part of the contract, or any agreement in writing between two or more persons to submit to arbitration any controversy existing between them at the time of the agreement to submit, or arising after the agreement to submit, from a relationship then existing between them or that they simultaneously create, shall be valid, irrevocable, and enforceable, except upon grounds that exist at law or in equity for the revocation of any contract.
(B)(1) Sections 2711.01 to 2711.16 of the Revised Code do not apply to controversies involving the title to or the possession of real estate, with the following exceptions:
(a) Controversies involving the amount of increased or decreased valuation of the property at the termination of certain periods, as provided in a lease;
(b) Controversies involving the amount of rentals due under any lease;
(c) Controversies involving the determination of the value of improvements at the termination of any lease;
(d) Controversies involving the appraisal of property values in connection with making or renewing any lease;
(e) Controversies involving the boundaries of real estate.
(2) Sections 2711.01 to 2711.16 of the Revised Code do not apply to controversies involving international commercial arbitration or conciliation that are subject to Chapter 2712. of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.02 | Court May Stay Trial.

Effective:
March 15, 2001
Latest Legislation:
House Bill 401 - 123rd General Assembly
(A) As used in this section and section 2711.03 of the Revised Code, "commercial construction contract" means any written contract or agreement for the construction of any improvement to real property, other than an improvement that is used or intended to be used as a single-family, two-family, or three-family detached dwelling house and accessory structures incidental to that use.
(B) If any action is brought upon any issue referable to arbitration under an agreement in writing for arbitration, the court in which the action is pending, upon being satisfied that the issue involved in the action is referable to arbitration under an agreement in writing for arbitration, shall on application of one of the parties stay the trial of the action until the arbitration of the issue has been had in accordance with the agreement, provided the applicant for the stay is not in default in proceeding with arbitration.
(C) Except as provided in division (D) of this section, an order under division (B) of this section that grants or denies a stay of a trial of any action pending arbitration, including, but not limited to, an order that is based upon a determination of the court that a party has waived arbitration under the arbitration agreement, is a final order and may be reviewed, affirmed, modified, or reversed on appeal pursuant to the Rules of Appellate Procedure and, to the extent not in conflict with those rules, Chapter 2505. of the Revised Code.
(D) If an action is brought under division (B) of this section upon any issue referable to arbitration under an agreement in writing for arbitration that is included in a commercial construction contract, an order under that division that denies a stay of a trial of the action pending arbitration, including, but not limited to, an order that is based upon a determination of the court that a party has waived arbitration under the arbitration agreement, is a final order and may be reviewed, affirmed, modified, or reversed on appeal pursuant to the Rules of Appellate Procedure and, to the extent not in conflict with those rules, Chapter 2505. of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.03 | Enforcing Arbitration Agreement.

Effective:
March 15, 2001
Latest Legislation:
House Bill 401 - 123rd General Assembly
(A) The party aggrieved by the alleged failure of another to perform under a written agreement for arbitration may petition any court of common pleas having jurisdiction of the party so failing to perform for an order directing that the arbitration proceed in the manner provided for in the written agreement. Five days' notice in writing of that petition shall be served upon the party in default. Service of the notice shall be made in the manner provided for the service of a summons. The court shall hear the parties, and, upon being satisfied that the making of the agreement for arbitration or the failure to comply with the agreement is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the agreement.
(B) If the making of the arbitration agreement or the failure to perform it is in issue in a petition filed under division (A) of this section, the court shall proceed summarily to the trial of that issue. If no jury trial is demanded as provided in this division, the court shall hear and determine that issue. Except as provided in division (C) of this section, if the issue of the making of the arbitration agreement or the failure to perform it is raised, either party, on or before the return day of the notice of the petition, may demand a jury trial of that issue. Upon the party's demand for a jury trial, the court shall make an order referring the issue to a jury called and impaneled in the manner provided in civil actions. If the jury finds that no agreement in writing for arbitration was made or that there is no default in proceeding under the agreement, the proceeding shall be dismissed. If the jury finds that an agreement for arbitration was made in writing and that there is a default in proceeding under the agreement, the court shall make an order summarily directing the parties to proceed with the arbitration in accordance with that agreement.
(C) If a written agreement for arbitration is included in a commercial construction contract and the making of the arbitration agreement or the failure to perform it is in issue in a petition filed under division (A) of this section, the court shall proceed summarily to the trial of that issue, and the court shall hear and determine that issue.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.04 | Appointment of Arbitrator.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If, in the arbitration agreement, provision is made for a method of naming or appointing an arbitrator or an umpire, such method shall be followed. If no method is provided therein, or if a method is provided and any party thereto fails to avail himself of such method, or if for any other reason there is a lapse in the naming of an arbitrator or an umpire, or in filling a vacancy, then upon the application of either party to the controversy the court of common pleas in the county in which the arbitration is to be held shall, within fifteen days after such application is made, appoint an arbitrator or umpire, who shall act under said agreement with the same effect as if he had been specifically named therein. Unless otherwise provided in the agreement, the arbitration shall be by a single arbitrator.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2711 | Arbitration › Section 2711.05 | Hearing of Application.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any application to the court of common pleas under sections 2711.01 to 2711.15, inclusive, of the Revised Code, shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise expressly provided in such sections.