reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1923 | Forcible Entry and Detainer › Section 1923.062 | Stay or Adjustment of Obligation for Tenant on Active Duty.

Effective:
May 18, 2005
Latest Legislation:
House Bill 426 - 125th General Assembly
(A) In an action under this chapter for possession of residential premises of a tenant or manufactured home park resident who is deployed on active duty or of any member of the tenant's or resident's immediate family, if the tenant or resident entered into the rental agreement on or after the effective date of this section, the court may, on its own motion, and shall, upon motion made by or on behalf of the tenant or resident, do either of the following if the tenant's or resident's ability to pay the agreed rent is materially affected by the deployment on active duty:
(1) Stay the proceedings for a period of ninety days, unless, in the opinion of the court, justice and equity require a longer or shorter period of time;
(2) Adjust the obligation under the rental agreement to preserve the interest of all parties to it.
(B) If a stay is granted under division (A) of this section, the court may grant the landlord or park operator such relief as equity may require.
(C) This section does not apply to landlords or park operators operating less than four residential premises.
(D) As used in this section, "active duty" means active duty pursuant to an executive order of the president of the United States, an act of the congress of the United States, or section 5919.29 or 5923.21 of the Revised Code.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1923 | Forcible Entry and Detainer › Section 1923.07 | Proceedings if Defendant Fails to Appear.

Effective:
March 17, 1987
Latest Legislation:
House Bill 158 - 116th General Assembly
If the defendant does not appear in action under this chapter and the summons was properly served, the court shall try the cause as though the defendant were present.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1923 | Forcible Entry and Detainer › Section 1923.08 | Continuance and Bond.

Effective:
March 17, 1987
Latest Legislation:
House Bill 158 - 116th General Assembly
No continuance in an action under this chapter shall be granted for a period longer than eight days, unless the plaintiff applies for the continuance and the defendant consents to it, or unless the defendant applies for the continuance and gives a bond to the plaintiff, with good and sufficient surety, that is approved by the court and conditioned for the payment of rent that may accrue, if judgment is rendered against the defendant.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1923 | Forcible Entry and Detainer › Section 1923.081 | Joinder of Claims.

Effective:
October 18, 2007
Latest Legislation:
House Bill 56 - 127th General Assembly
A trial in an action for forcible entry and detainer for residential premises, other than an action against a deceased resident of a manufactured home park, or for a storage space at a self-service storage facility, as defined in division (A) of section 5322.01 of the Revised Code, pursuant to this chapter may also include a trial on claims of the plaintiff for past due rent and other damages under a rental agreement, unless for good cause shown the court continues the trial on those claims. For purposes of this section, good cause includes the request of the defendant to file an answer or counterclaim to the claims of the plaintiff or for discovery, in which case the proceedings shall be the same in all respects as in other civil cases. If, at the time of the trial, the defendant has filed an answer or counterclaim, the trial may proceed on the claims of the plaintiff and the defendant. A plaintiff who is a park operator may seek a judgment for past due rent and other damages under a rental agreement against a deceased manufactured home park resident in a separate civil action for damages.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1923 | Forcible Entry and Detainer › Section 1923.09 | Suit Tried by County Court Judge.

Effective:
April 3, 2003
Latest Legislation:
House Bill 520 - 124th General Assembly
(A) If an action under this chapter is not continued, the place of trial is not changed, and neither party demands a jury on the return day of the summons, a judge of the court shall try the cause. After hearing the evidence, if the judge concludes that the complaint is not true, the judge shall enter judgment against the plaintiff for costs. If the judge finds the complaint to be true, the judge shall render a general judgment against the defendant, in favor of the plaintiff, for restitution of the premises and costs of suit. If the judge finds the complaint true in part, the judge shall render a judgment for restitution of that part only, and the costs shall be taxed as the judge considers just.
(B) If a judgment is entered under this section in favor of a plaintiff who is a park operator, the judge shall include in the judgment entry authority for the plaintiff to permit, in accordance with section 1923.12 and division (B) of section 1923.13 and division (B) of section 1923.14 of the Revised Code, the removal from the manufactured home park and potential sale, destruction, or transfer of ownership of the defendant's manufactured home, mobile home, or recreational vehicle.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1923 | Forcible Entry and Detainer › Section 1923.10 | Trial by Jury.

Effective:
March 17, 1987
Latest Legislation:
House Bill 158 - 116th General Assembly
If a jury is demanded by either party in an action under this chapter, until the impaneling of the jury, the proceedings shall be in all respects as in other cases. The jury shall be sworn to try and determine whether the complaint, naming the plaintiff, about to be presented to them, is true according to the evidence. If the jury finds that the complaint is true, it shall render a general verdict against the defendant. If the jury finds that the complaint is not true, it shall render a general verdict in favor of the defendant. If the jury finds that the complaint is true in part, it shall render a verdict setting forth the facts that it finds are true.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1923 | Forcible Entry and Detainer › Section 1923.101 | Deposit of Jury Fee.

Effective:
March 17, 1987
Latest Legislation:
House Bill 158 - 116th General Assembly
In actions under this chapter before a county court, a party demanding a jury shall first deposit money with the court sufficient to pay the jury fee.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1923 | Forcible Entry and Detainer › Section 1923.11 | Entry and Judgment.

Effective:
April 3, 2003
Latest Legislation:
House Bill 520 - 124th General Assembly
(A) The court shall enter the verdict rendered by a jury under section 1923.10 of the Revised Code upon the docket, and render judgment in the action as if the facts, authorizing the finding of the verdict, had been found by the court itself.
(B) If a judgment is entered under this section in favor of a plaintiff who is a park operator, the judge shall include in the judgment entry authority for the plaintiff to permit, in accordance with section 1923.12 and division (B) of section 1923.13 and division (B) of section 1923.14 of the Revised Code, the removal from the manufactured home park and potential sale, destruction, or transfer of ownership of the defendant's manufactured home, mobile home, or recreational vehicle.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1923 | Forcible Entry and Detainer › Section 1923.15 | Inspection of Residential Premises - Order to Correct Conditions.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
During any proceeding involving residential premises under this chapter, the court may order an appropriate governmental agency to inspect the residential premises. If the agency determines and the court finds conditions which constitute a violation of section 4781.38 or 5321.04 of the Revised Code, and if the premises have been vacated or are to be restored to the landlord, the court may issue an order forbidding the re-rental of the property until such conditions are corrected. If the agency determines and the court finds such conditions, and if the court finds that the tenant or manufactured home park resident may remain in possession, the court may order such conditions corrected. If such conditions have been caused by the tenant or resident, the court may award damages to the landlord equal to the reasonable cost of correcting such conditions.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.01 | Small Claims Division Established.

Effective:
October 17, 1996
Latest Legislation:
House Bill 377 - 121st General Assembly
(A) Each municipal and county court shall establish a small claims division.
(B) Proceedings in the small claims division of a municipal court or a county court may be conducted by a magistrate appointed by the court. The magistrate shall be a person admitted to the practice of law in this state and shall receive the annual compensation that the court prescribes. In the case of a municipal court magistrate, the compensation shall be payable from the same sources and in the same manner as provided in section 1901.11 of the Revised Code. A part-time village solicitor or city director of law or part-time assistant village solicitor or city director of law of any municipal corporation may be appointed as a magistrate, serve in any case in which the municipal corporation is not an interested party, and receive the prescribed compensation.
(C) Except in the Cleveland municipal court, the court may appoint an administrative assistant for the small claims division, who shall perform the duties that are assigned by the court. In the Cleveland municipal court, the clerk of the court is the administrative assistant for the small claims division and shall perform the duties in that capacity that are assigned by the court.
(D) The appearance of an attorney at law on behalf of any party is permitted but not required. Notice to the attorney of record for a party is equivalent to notice to the party.
(E) The court may establish, by rule, procedures for hearing actions in the small claims division during evening hours on one weekday, or on Saturday. A division that has established voluntary conciliation procedures under section 1925.03 of the Revised Code may devote a portion of its evening or Saturday hours to conciliation procedures.
(F) A municipal or county court that has over two hundred fifty thousand persons within its territorial jurisdiction may establish neighborhood offices of the small claims division and may establish, by rule, times and procedures for holding sessions of the division at the neighborhood offices. If neighborhood offices are established, the legislative authority of the municipal court establishing the office, as defined in section 1901.03 of the Revised Code, and the board of county commissioners of the county in which the county court establishing the office is located may provide suitable accommodations and facilities for the neighborhood offices, as provided in sections 1901.36 and 1907.19 of the Revised Code.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.02 | Jurisdiction.

Effective:
September 28, 2016
Latest Legislation:
House Bill 387 - 131st General Assembly
(A)(1) Except as provided in division (A)(2) of this section, a small claims division established under section 1925.01 of the Revised Code has jurisdiction in civil actions for the recovery of taxes and money only, for amounts not exceeding six thousand dollars, exclusive of interest and costs.
(2)(a) A small claims division does not have jurisdiction in any of the following:
(i) Libel, slander, replevin, malicious prosecution, and abuse of process actions;
(ii) Actions on any claim brought by an assignee or agent, except a claim to recover taxes that is filed by any authorized employee of a political subdivision or any authorized officer or employee of the state or a claim filed by a person designated under section 1925.18 of the Revised Code to act as the representative of a prosecuting attorney;
(iii) Actions for the recovery of punitive or exemplary damages.
(b) Division (A)(2)(a) of this section does not exclude actions for the recovery of damages specifically authorized by division (B) of either section 1345.09 or 1345.48 of the Revised Code from the jurisdiction of a small claims division.
(3) The territorial jurisdiction and venue of a small claims division are concurrent with that of the respective court under its procedures in ordinary civil actions. Jurisdiction over the person of a defendant may not be obtained by any form of published or substituted service or warrant of attorney.
(B) A counterclaim or cross-claim of six thousand dollars or less does not affect the jurisdiction of a small claims division. If a counterclaim or cross-claim exceeds six thousand dollars and if the case is transferred to the regular docket of the court, the court, if it finds that the counterclaim or cross-claim was without substantial grounds, may award reasonable attorney's fees by special order to the party against whom the counterclaim or cross-claim is instituted, if that party prevails in the action on that claim.
(C) Any person who files a counterclaim or cross-claim shall file it with the small claims division and serve it on all other parties at least seven days prior to the date of the trial of the plaintiff's claim in the original action.
(D) As used in this section:
(1) "Person" has the same meaning as in division (C) of section 1.59 of the Revised Code and also includes governmental entities.
(2) "Political subdivision" and "employee" of a political subdivision have the same meanings as in section 2744.01 of the Revised Code.
(3) "State" has the same meaning as in section 109.36 of the Revised Code.
(4) "Officer or employee of the state" means any person who is serving in an elected or appointed office or position with the state or is employed by the state. "Officer or employee of the state" does not include any person elected, appointed, or employed by any political subdivision.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.03 | Voluntary Conciliation Procedures.

Effective:
September 9, 1988
Latest Legislation:
House Bill 372 - 117th General Assembly
The court may establish, by rule, voluntary conciliation procedures for the small claims division, except that it shall establish, by rule, voluntary conciliation procedures for the recovery of taxes in the small claims division.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.04 | Commencing an Action.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
(A) An action is commenced in the small claims division when the plaintiff, or the plaintiff's attorney, states the amount and nature of the plaintiff's claim to the court as provided in this section. The commencement constitutes a waiver of any right of the plaintiff to trial by jury upon such action. At the time of the commencement of an action, the plaintiff, or the plaintiff's attorney, shall pay both of the following:
(1) A filing fee as determined by the court;
(2) The sum required by division (C) of section 1901.26 or division (C) of section 1907.24 of the Revised Code.
(B) The plaintiff, or the plaintiff's attorney, shall state to the administrative assistant or other official designated by the court, the plaintiff's and the defendant's place of residence, the military status of the defendant, and the nature and amount of the plaintiff's claim. The claim shall be reduced to writing in concise, nontechnical form. Such writing shall be signed by the plaintiff, or the plaintiff's attorney, under oath.
A memorandum of the time and place set for trial shall be given to the person signing the writing. The time set for such trial shall be not less than fifteen or more than forty days after the commencement of the action.
If taxes are sought to be recovered in the action, an authorized employee of a political subdivision or an authorized officer or employee of the state, as defined in section 1925.02 of the Revised Code, may commence the action. If an action is brought on behalf of a county department of job and family services, a representative of the prosecuting attorney of the county, designated under section 1925.18 of the Revised Code, may commence the action.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.05 | Service of Notice of Filing.

Effective:
June 23, 1992
Latest Legislation:
Senate Bill 105 - 119th General Assembly
(A) Notice of the filing shall be served on the defendant as provided by the Rules of Civil Procedure. The notice after setting forth the name of the court, shall read substantially as follows:
"To (here insert the name of defendant or defendants).
"(Here insert the name of plaintiff or plaintiffs) ask judgment in this court against you for (here insert the amount claimed in dollars and cents) upon the following claim (here insert the nature of the claim, but no list of items need be included).
"The court will hold trial upon this claim at (here insert where and the room number, as may be necessary) at (here insert the hour) on (here insert the date, including the day of the week).
"If you do not appear at the trial, judgment may be entered against you by default, and your earnings may be subjected to garnishment or your property may be attached to satisfy the judgment. If your defense is supported by witnesses, account books, receipts, or other documents, you must produce them at the trial. Subpoenas for witnesses, if requested by a party, will be issued by the clerk.
"If you admit the claim but desire time to pay, you may make such a request at the trial. If you believe you have a claim against the plaintiff, you must file a counterclaim with the court and must serve the plaintiff and all other parties with a copy of the counterclaim at least seven days prior to the date of the trial of the plaintiff's claim."
(B) If the notice is returned undelivered or if in any other way it appears that notice has not been received by the defendant, at the request of the plaintiff or his attorney, a further notice shall be issued, setting the trial for a subsequent date, to be served in the same manner as a summons is served in an ordinary civil action. The court may charge an additional fee if further notices are issued.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.06 | Stay of Execution to Permit Deferred Payment.

Effective:
November 21, 1967
Latest Legislation:
House Bill 475 - 107th General Assembly
A defendant who admits the claim but desires time in which to pay, may state that fact at the time set for trial, and where this is done, judgment may be entered for the plaintiff at the time set for trial, and this request may be considered by the court in determining whether there shall be a stay of execution to permit deferred payment or a weekly order of payment.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.09 | Amendments - No Depositions or Interrogatories.

Effective:
November 21, 1967
Latest Legislation:
House Bill 475 - 107th General Assembly
The court, before judgment or upon vacation of a judgment, may allow any claim to be amended. No deposition or interrogatories shall be taken except by leave of court.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.10 | Transferring Case.

Effective:
September 28, 2016
Latest Legislation:
House Bill 387 - 131st General Assembly
(A) A civil action that is duly entered on the docket of the small claims division shall be transferred to the regular docket of the court upon the motion of the court made at any stage of the civil action or by the filing of a counterclaim or cross-claim for more than six thousand dollars.
(B) In the discretion of the court, a case duly entered on the docket of the small claims division may be transferred to the regular docket of the court upon the motion of a party against whom a claim, counterclaim, or cross-claim is instituted or upon the motion of a third-party defendant. A motion filed under this division shall be accompanied by an affidavit stating that a good defense to the claim exists, setting forth the grounds of the defense, and setting forth the compliance of the party or third-party defendant with any terms fixed by the court. The failure to file a motion under this division to transfer a case to the regular docket of the court constitutes a waiver by the party or third-party defendant of any right to a trial by jury.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.11 | Subpoenas Fees and Services.

Effective:
November 21, 1967
Latest Legislation:
House Bill 475 - 107th General Assembly
Subpoenas for witnesses, if requested, shall be issued by the clerk, or by order of the court or referee. The court may require the party requesting the issuance of a subpoena to pay a fee to cover the actual cost of issuance and service.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.12 | Dismissal for Want of Prosecution.

Effective:
November 21, 1967
Latest Legislation:
House Bill 475 - 107th General Assembly
If the plaintiff does not appear at the time set for trial, the court may dismiss the claim for want of prosecution, or enter a finding on the merits for the defendant, or make such other disposition as may be proper. The judgment of the small claims division shall be recorded in the same manner and shall have the same force and effect as any other judgment of the court.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.13 | Collecting and Enforcing Judgments.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
(A) The court, in its discretion, may order that the judgment, interest, and costs be paid at a certain date or by specified weekly installments, and, during compliance with the order, the court may stay the issue of execution and other proceedings in aid of execution. The court may modify or vacate the stay at any time.
Except as otherwise provided in this section, a judgment creditor may commence any proceedings to obtain satisfaction of the judgment, including execution and garnishment proceedings, that are permitted to obtain satisfaction of a judgment rendered in an ordinary civil action. In the case of an action commenced by a county department of job and family services employee designated under section 1925.18 of the Revised Code to represent the prosecuting attorney of the county in commencement of the action, the county department of job and family services is the judgment creditor.
If an authorized employee of a political subdivision or an authorized officer or employee of the state, as defined in section 1925.02 of the Revised Code, prevails in an action to recover taxes, the authorized person may use any means provided by law to obtain satisfaction of the judgment, including the provisions of division (B) of this section.
If a party is not represented by counsel, the court, upon payment of court costs, shall explain to the parties and assist the parties in the preparation and filing of, and supply the parties with any necessary forms for, proceedings in aid of execution to collect and enforce judgments.
(B) If, within thirty days after judgment, the judgment is not satisfied and the parties have not otherwise agreed, the court, upon the request of the judgment creditor, shall order the judgment debtor to file, on a form prepared by the court, a list of the judgment debtor's assets, liabilities, and personal earnings. The form shall contain a notice that failure to complete the form and return it to the court within one week after receipt may result in a citation for contempt of court. Any party who, with notice of the possible contempt citation, willfully fails to comply with the order of the court may be cited for contempt of court as provided in Chapter 2705. of the Revised Code.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.14 | Modification or Vacation of Judgments.

Effective:
November 21, 1967
Latest Legislation:
House Bill 475 - 107th General Assembly
Judgments of the small claims division may be modified or vacated in the same manner as other civil actions.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.15 | Costs.

Effective:
November 21, 1967
Latest Legislation:
House Bill 475 - 107th General Assembly
The actual disbursements of the prevailing party for filing fees, execution fees, and other court fees may be allowed as costs. No other costs shall be allowed either party except by special order of the court. Costs allowed under this section may be apportioned between the parties, or waived, in whole or in part, as the court determines to be equitable.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.151 | Cancellation of Uncollectible Debts.

Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
If at any time the court finds that an amount owing to the court is due and uncollectible, in whole or in part, the court may direct the clerk of the court to cancel all or part of the claim. The clerk shall then effect the cancellation.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.16 | Applicability of Rules of Civil Procedure.

Effective:
March 17, 1987
Latest Legislation:
House Bill 158 - 116th General Assembly
Except as inconsistent procedures are provided in this chapter or in rules of court adopted in furtherance of the purposes of this chapter, all proceedings in the small claims division of a municipal court are subject to the Rules of Civil Procedure, and Chapter 1901. and sections 2307.06 and 2307.07 of the Revised Code, and all proceedings in the small claims division of a county court are subject to the Rules of Civil Procedure, Chapter 1907., and sections 2307.06 and 2307.07 of the Revised Code.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.17 | Corporation as Party.

Effective:
October 24, 1969
Latest Legislation:
House Bill 86 - 108th General Assembly
A corporation which is a real party in interest in any action in a small claims division may commence such an action and appear therein through an attorney at law. Such a corporation may, through any bona fide officer or salaried employee, file and present its claim or defense in any action in a small claims division arising from a claim based on a contract to which the corporation is an original party or any other claim to which the corporation is an original claimant, provided such corporation does not, in the absence of representation by an attorney at law, engage in cross-examination, argument, or other acts of advocacy.
2023 Ohio Revised Code › Title 19 | Courts-Municipal-Mayor's-County › Chapter 1925 | Small Claims Divisions › Section 1925.18 | County Department of Job and Family Services Employee.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
(A)(1) Subject to division (A)(2) of this section, a prosecuting attorney of a county may designate any employee of a county department of job and family services to act as the prosecuting attorney's representative in the commencement and prosecution or defense of any action in the small claims division of a municipal or county court on behalf of the department.
(2)(a) If the prosecuting attorney designates as the prosecuting attorney's representative an employee of the department who is not an attorney, the employee may file and present the claim or defense of the department in the action if the employee does not, in the absence of the representation of the department by an attorney, engage in cross-examination, argument, or other acts of advocacy.
(b) If the prosecuting attorney designates as the prosecuting attorney's representative an employee of the department who is an attorney, the employee may file and prosecute or defend fully the claim or defense of the department in the action.
(B) Division (A) of this section does not preclude the appearance of the prosecuting attorney on behalf of a county department of job and family services as provided in section 309.09 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.01 | Probate Division - Location - Equipment - Employees.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) A probate division of the court of common pleas shall be held at the county seat in each county in an office furnished by the board of county commissioners, in which the books, records, and papers pertaining to the probate division shall be deposited and safely kept by the probate judge. The board shall provide suitable equipment or other necessary items for the safekeeping and preservation of the books, records, and papers of the court and shall furnish any books, forms, and stationery, and any machines, equipment, and materials for the keeping or examining of records, that the probate judge requires in the discharge of official duties. The board also shall authorize expenditures for accountants, financial consultants, and other agents required for auditing or financial consulting by the probate division whenever the probate judge considers these services and expenditures necessary for the efficient performance of the division's duties. The probate judge shall employ and supervise all clerks, deputies, magistrates, and other employees of the probate division. The probate judge shall supervise all probate court investigators and assessors in the performance of their duties as investigators and assessors and shall employ, appoint, or designate all probate court investigators and assessors in the manner described in divisions (A)(2) and (3) of section 2101.11 of the Revised Code.
(B) As used in the Revised Code:
(1) Except as provided in division (B)(2) of this section, "probate court" means the probate division of the court of common pleas, and "probate judge" means the judge of the court of common pleas who is judge of the probate division.
(2) With respect to Lorain county:
(a) From February 9, 2009, through September 28, 2009, "probate court" means the domestic relations division of the court of common pleas, and "probate judge" means each of the judges of the court of common pleas who are judges of the domestic relations division.
(b) The judge of the court of common pleas, division of domestic relations, whose term begins on February 9, 2009, and successors, shall be the probate judge beginning September 29, 2009, and shall be elected and designated as judge of the court of common pleas, probate division.
(C) Except as otherwise provided in this division, all pleadings, forms, journals, and other records filed or used in the probate division shall be entitled "In the Court of Common Pleas, Probate Division," but are not defective if entitled "In the Probate Court." In Lorain county, from February 9, 2009, through September 28, 2009, all pleadings, forms, journals, and other records filed or used in probate matters shall be entitled "In the Court of Common Pleas, Domestic Relations Division," but are not defective if entitled "In the Probate Division" or "In the Probate Court."
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.02 | Judge of Probate Division - Election - Term.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Every six years, in each county having a separate judge of the probate division of the court of common pleas, one probate judge shall be elected who is qualified as required by section 2301.01 of the Revised Code. The probate judge shall hold office for six years, commencing on the ninth day of February next following the judge's election.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.021 | One Additional Probate Judge for Cuyahoga County.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
There shall be one additional probate judge for the probate court of Cuyahoga County.
The additional judge shall be elected at the general election to be held in 1954 and every six years thereafter, for a term of six years commencing on the first day of January next following the additional judge's election.
The judge elected pursuant to this section shall comply with the qualifications provided for in section 2101.02 of the Revised Code.
The probate judge who is senior in point of service shall be the presiding judge and shall have the care and custody of the files, papers, books and records belonging to the probate court of Cuyahoga county and shall have all the other powers and duties of the judge as provided in section 2101.11 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.022 | Jurisdiction of Marion County Probate Judge - Clerk of Probate Division.

Effective:
January 15, 1998
Latest Legislation:
House Bill 444 - 122nd General Assembly
(A) Except as provided in division (B) of this section and notwithstanding any provision of this chapter or of any other provision of the Revised Code, on and after February 9, 2003, the judge of the probate division of the court of common pleas of Marion county who is elected in 2002 pursuant to section 2101.02 of the Revised Code to fill the office of the judge of the probate division of the court of common pleas of Marion county whose term expires on February 8, 2003, and successors to that judge, shall have all the powers relating to the domestic relations-juvenile-probate division of the court of common pleas of Marion county, as established pursuant to division (Z)(1) of section 2301.03 of the Revised Code, in addition to the powers relating to the probate division of that court, and shall exercise concurrent jurisdiction with the judge of the domestic relations-juvenile-probate division of the court of common pleas of Marion county over all matters that are within the jurisdiction of the probate division of that court under Chapter 2101., and other provisions, of the Revised Code and all matters that are within the jurisdiction of the domestic relations- juvenile-probate division of that court, as set forth in division (Z)(1) of section 2301.03 of the Revised Code.
(B) On and after February 9, 2003, the judge of the court of common pleas of Marion county who is to serve as the clerk of the probate division of the court of common pleas of Marion county shall be determined as provided in division (Z)(2) of section 2301.03 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.023 | Adding Judge to Erie County Court of Common Pleas.

Effective:
November 13, 2003
Latest Legislation:
House Bill 86 - 125th General Assembly
The judge of the court of common pleas of Erie county who is elected in 2008, and successors, is the successor to the judge of the probate division of that court whose term expires on February 8, 2009, shall be designated as a judge of the court of common pleas, general division, shall have all the powers relating to the general division of the court of common pleas of Erie county, shall be the clerk of the probate court, and shall exercise concurrent jurisdiction with the other judges of the general division of the court of common pleas of Erie county over matters that are within the jurisdiction of the probate division of that court under Chapter 2101., and other provisions, of the Revised Code and all matters that are within the jurisdiction of the general division of that court, as set forth in division (N)(2) of section 2301.03 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.024 | Family Court Division of the Logan County Court of Common Pleas.

Effective:
April 5, 2019
Latest Legislation:
House Bill 341 - 132nd General Assembly
Effective January 2, 2005, the probate judge of the court of common pleas of Logan county shall have all the powers relating to the family court division of the court of common pleas of Logan county, as established pursuant to division (CC)(1) of section 2301.03 of the Revised Code, and shall exercise concurrent jurisdiction with the judge of the family court division of the court of common pleas of Logan county over matters that are within the jurisdiction of the family court division, as set forth in division (CC)(1) of section 2301.03 of the Revised Code.
Last updated May 4, 2021 at 5:46 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.025 | Jurisdiction of Champaign County Probate Judge.

Effective:
December 21, 2007
Latest Legislation:
Senate Bill 155 - 127th General Assembly
Effective February 9, 2009, the probate judge of the court of common pleas of Champaign county shall have all the powers relating to the domestic relations-juvenile-probate division of the court of common pleas of Champaign county, as established pursuant to division (DD)(1) of section 2301.03 of the Revised Code, and shall exercise concurrent jurisdiction with the judges of the domestic relations-juvenile-probate division of the court of common pleas of Champaign county over matters that are within the jurisdiction of the domestic relations-juvenile-probate division, as set forth in division (DD)(1) of section 2301.03 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.027 | Hardin County Court of Common Pleas Judgeships.

Effective:
January 9, 2021
Latest Legislation:
Senate Bill 312 - 133rd General Assembly
(A) From January 1, 2023, through February 8, 2027, the probate judge of the court of common pleas of Hardin county shall have all the powers relating to the general division of the court of common pleas of Hardin county, shall be the clerk of the probate court, and shall exercise jurisdiction over matters that are within the jurisdiction of the general division.
(B) The judge of the court of common pleas of Hardin county who is elected in 2026, and successors, is the successor to the judge of the probate division of that court whose term expires February 8, 2027, shall be designated as a judge of the court of common pleas, general division, shall have all the powers relating to the general division of the court of common pleas of Hardin county, shall be the clerk of the probate court, and shall exercise jurisdiction over matters that are within the jurisdiction of the probate division of that court under Chapter 2101., and other provisions, of the Revised Code and all matters that are within the general division of that court, as set forth in division (FF)(2) of section 2301.03 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.03 | Bond of Probate Judge.

Effective:
March 20, 2019
Latest Legislation:
House Bill 291 - 132nd General Assembly
Except as otherwise provided in section 3.061 of the Revised Code, before entering upon the discharge of official duties, the probate judge shall give a bond to the state in a sum not less than five thousand dollars. The bond shall have sufficient surety, shall be approved by the board of county commissioners or by the county auditor and county recorder in the absence from the county of two of the members of the board, and shall be conditioned that the judge will faithfully pay over all moneys received by the judge in the judge's official capacity, enter and record the orders, judgments, and proceedings of the court, and faithfully and impartially perform all the duties of the judge's office. The bond, with the oath of office required by sections 3.22 and 3.23 of the Revised Code indorsed on it, shall be deposited with the county treasurer and kept in the treasurer's office. As the state of business in the probate judge's office renders it necessary, the board, except as otherwise provided in section 3.061 of the Revised Code, may require the probate judge to give additional bond.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.04 | Rules of Practice Submitted to Supreme Court.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The judge or judges of the probate court shall make rules regulating the practice and conducting the business of the court, and the judge or judges shall submit those rules to the supreme court. In order to maintain regularity and uniformity in the proceedings of all the probate courts, the supreme court may alter and amend the rules submitted by the judge or judges of a probate court and make other rules.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.05 | Oaths and Depositions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A probate judge may administer oaths, take acknowledgment of instruments in writing required to be acknowledged, and take depositions.
Depositions taken according to sections 2319.05 to 2319.31, inclusive, of the Revised Code, to be used on the trial of civil cases, may be taken and used on the trial of any question before the probate court.
Last updated September 25, 2023 at 11:49 AM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.06 | Master Commissioners - Appointment and Bond - Duties.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The probate judge, upon the motion of a party or the judge's own motion, may appoint a special master commissioner in any matter pending before the judge. The commissioner shall be an attorney at law and shall be sworn faithfully to discharge the commissioner's duties. When requested by the probate judge, the commissioner shall execute a bond to the state in the sum that the court directs, with surety approved by the court, and conditioned that the commissioner shall faithfully discharge the commissioner's duties and pay over all money received by the commissioner in that capacity. The bond shall be for the benefit of anyone aggrieved and shall be filed in the probate court.
The commissioner shall take the testimony and report the testimony to the court with the commissioner's conclusions on the law and the facts involved. The report may be excepted to by the parties and confirmed, modified, or set aside by the court.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.07 | Master Commissioners - Powers - Fees.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
A special master commissioner of the probate court may administer all oaths required in the discharge of the commissioner's duties, may summon and enforce the attendance of witnesses, may compel the production of books and papers, and may grant adjournments the same as the court, and, when the court directs, the commissioner shall require the witnesses severally to subscribe the witnesses' testimony.
All process and orders issued by the commissioner shall be directed to the sheriff, shall be served, and return of the process and orders shall be made as if issued by the probate judge.
The court shall allow the commissioner those fees that are allowed to other officers for similar services, and the court shall tax those fees with the costs.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.08 | Appointment of Court Reporters.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The probate judge may appoint court reporters and fix their compensation in the manner provided for the court of common pleas in sections 2301.18 to 2301.26 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.09 | Liability of Sheriffs, Coroners, and Constables for Failure to Serve and Return Process.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When required by the probate judge, sheriffs, coroners, and constables shall attend the judge's court and shall serve and return process directed and delivered to them by the judge. No officer of that type shall neglect or refuse to serve and return any process as required by this section. If an officer does neglect or refuse to serve and return process as required by this section, the judge shall issue a summons specifying the cause for amercement, directed to the officer named in the summons, commanding the named officer to summon the officer guilty of the misconduct to appear within two days after the service of summons and show cause why the latter officer should not be amerced. In addition to a fine as provided by section 2101.99 of the Revised Code that is to be paid into the county treasury, the officer and the officer's sureties shall be liable upon the officer's official bond for damages sustained by any person by reason of the officer's misconduct.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.10 | Liability of Sheriffs, Coroners, and Constables for Failure to Pay Over Moneys.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
No sheriff, coroner, or constable shall refuse to pay moneys collected by that officer to the probate judge or other person, when so directed by the judge. For refusal to pay over moneys collected, the officer shall be summoned as provided in section 2101.09 of the Revised Code and amerced for the use of the parties interested, in the amount required to be collected by the process, with ten per cent on the amount to be collected. The judge may enforce the collection of the amercement by execution or other process, by imprisonment as for contempt of court, or both. The delinquent officer and the officer's sureties shall also be liable on the officer's official bond for the amount of the amercement at the suit of the person interested.