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Ohio Laws and Rules
Chapter 1907: COUNTY COURT - GENERAL PROVISIONS
There is hereby created in each county of the state, in which the territorial jurisdiction of a municipal court or municipal courts is not coextensive with the boundaries of the county, a court to be known as the county court. The county court shall have jurisdiction throughout a county court district that shall consist of all territory within the county not subject to the territorial jurisdiction of any municipal court. County courts are courts of record for all purposes of law.
Effective Date: 03-17-1987
In addition to the territorial jurisdiction conferred by section 1907.01 of the Revised Code, the county courts of Adams, Belmont, Jefferson, Meigs, and Monroe counties have jurisdiction beyond the north or northwest shore of the Ohio river extending to the opposite shore line, between the boundary lines of any adjacent municipal courts or adjacent county courts. Each of the county courts that is given jurisdiction on the Ohio river by this section has concurrent jurisdiction on the Ohio river with any adjacent municipal courts or adjacent county courts that border on that river and with any court of Kentucky or of West Virginia that borders on the Ohio river and that has jurisdiction on the Ohio river under the law of Kentucky or the law of West Virginia, whichever is applicable, or under federal law.
Effective Date: 12-18-2002
In addition to other jurisdiction granted a county court in the Revised Code, a county court has jurisdiction over violations of township resolutions adopted pursuant to section 503.52 or 503.53 or Chapter 504. of the Revised Code. For procedural purposes, a case in which a person is charged with the violation of a township resolution shall be treated as a civil case, except as otherwise provided in the Revised Code and except that a violation of a township resolution that is adopted pursuant to section 503.52 or 503.53 of the Revised Code and that creates a criminal offense or imposes criminal penalties shall be treated as a criminal case.
Effective Date: 09-17-1991; 08-17-2006
(1) In addition to other jurisdiction granted a county court in the Revised Code, a county court has jurisdiction of all misdemeanor cases. A county court has jurisdiction to conduct preliminary hearings in felony cases, to bind over alleged felons to the court of common pleas, and to take other action in felony cases as authorized by Criminal Rule 5.
(2) A judge of a county court does not have the authority to dismiss a criminal complaint, charge, information, or indictment solely at the request of the complaining witness and over the objection of the prosecuting attorney, village solicitor, city director of law, or other chief legal officer who is responsible for the prosecution of the case.
(B) A county court has jurisdiction of the violation of a vehicle parking or standing ordinance, resolution, or regulation if a local authority, as defined in division (D) of section 4521.01 of the Revised Code, has specified that it is not to be considered a criminal offense, if the violation is committed within the limits of the court's territory, and if the violation is not required to be handled by a parking violations bureau or joint parking violations bureau pursuant to Chapter 4521. of the Revised Code. A county court does not have jurisdiction over violations of ordinances, resolutions, or regulations that are required to be handled by a parking violations bureau or joint parking violations bureau pursuant to that chapter.
A county court also has jurisdiction of an appeal from a judgment or default judgment entered pursuant to Chapter 4521. of the Revised Code, as authorized by division (D) of section 4521.08 of the Revised Code. Any such appeal shall be placed on the regular docket of the court and shall be determined by a judge of the court.
Effective Date: 03-17-1998
Effective Date: 03-22-1973
(A)
Under the restrictions and limitations of
this chapter, county courts have exclusive original jurisdiction in civil
actions for the recovery of sums not exceeding five hundred dollars and
original jurisdiction in civil actions for the recovery of sums not exceeding
fifteen thousand dollars.
(B)
If a
counterclaim is filed in a civil action in a county court and the counterclaim
exceeds fifteen thousand dollars, the county court shall certify the action to
the court of common pleas.
(C)
If
a civil action is certified to the court of common pleas pursuant to division
(B) of this section, the clerk of the county court forthwith shall transmit to
the court of common pleas the original papers and pleadings in the action and a
certified transcript of the journal entries in it. The action then shall
proceed in the court of common pleas as if it had been originally commenced in
that court.
Effective Date: 07-01-1997
(A)
Except as otherwise provided in section
1907.03 of the Revised Code and in
addition to the jurisdiction authorized in other sections of this chapter and
in section
1909.11 of the Revised Code, a
county court has original jurisdiction within its district in all of the
following actions or proceedings and to perform all of the following functions: (1)
In an
action or proceeding at law for the recovery of money or personal property of
which the court of common pleas has jurisdiction;
(2)
In an
action at law based on contract, to determine, preserve, and enforce all legal
and equitable rights involved in the contract, to decree an accounting,
reformation, or cancellation of the contract, and to hear and determine all
legal and equitable remedies necessary or proper for a complete determination
of the rights of the parties to the contract;
(3)
In an
action or proceeding for the sale of personal property under chattel mortgage,
lien, encumbrance, or other charge, for the foreclosure and marshalling of
liens on the personal property, and for the rendering of personal judgment in
the action or proceeding;
(4)
In an
action or proceeding to enforce the collection of its own judgments and to
subject the interest of a judgment debtor in personal property to satisfy
judgments enforceable by the county court;
(5)
In an
action or proceeding in the nature of interpleader;
(6)
In an
action of forcible entry and detainer;
(7)
In a
proceeding brought pursuant to section
955.222 of the Revised Code by the
owner of a dog that has been designated as a nuisance dog, dangerous dog, or
vicious dog.
(B)
A
county court has original jurisdiction in civil actions as described in
division (B)(1) of section
3767.41 of the Revised Code that
relate to a public nuisance. To the extent any provision of this chapter
conflicts or is inconsistent with a provision of that section, the provision of
that section shall control in such a civil action.
Amended by
129th General AssemblyFile
No.75, HB 14,
§1, eff.
5/22/2012. Effective Date: 07-01-1997
In addition to the jurisdiction authorized in other sections of
this chapter, a county court has original jurisdiction in actions filed under
section 3729.13 of the Revised Code.
Effective Date:
04-03-2003; 10-13-2004 Effective Date: 07-01-1997
Effective Date: 03-17-1987
County courts have jurisdiction in civil actions in which the
title to real estate may be drawn in question as follows: (A)
In actions for trespass on real estate in
which the damages demanded do not exceed fifteen thousand dollars;
(B)
In actions to recover from the owner of
adjoining land the equal proportion to the expense incurred in obtaining
evidence in surveys to fix corners or settle boundary lines.
Effective Date: 07-01-1997
Effective Date: 03-17-1987
Effective Date: 11-06-1959
(A)
County
courts have exclusive, original jurisdiction in all cases of replevin in which
the value of the specific personal property that is sought to be recovered does
not exceed five hundred dollars and original jurisdiction in all cases of
replevin in which the value of the specific personal property that is sought to
be recovered does not exceed fifteen thousand dollars.
(B)
Upon the filing of a replevin action, the
county court shall order appraisals of the property. The appraisals shall be
made under oath by at least two disinterested freeholders who are residents of
the court's territorial jurisdiction or as the court otherwise directs. If the
value of the property according to the appraisals exceeds fifteen thousand
dollars, the court shall certify the action to the court of common pleas. If a
replevin action is certified to the court of common pleas, the clerk of the
county court shall take action as described in division (C) of section
1907.03 of the Revised Code.
Effective Date: 07-01-1997
Effective Date: 03-17-1987
When the balance claimed to be due on an open or unsettled
account or on a bill, note, or bond, is fifteen thousand dollars or less, the
party by whom the balance is claimed may commence an action for the balance
before a county court. The court may hear and determine the matters in
controversy, without regard to the original account or contract, and render
judgment for any balance found due, not exceeding fifteen thousand dollars.
Effective Date: 07-01-1997
Effective Date: 03-17-1987
In civil actions founded upon a bond or undertaking, a judge of
a county court has jurisdiction coextensive with his county. Effective Date: 03-17-1987
Effective Date: 03-17-1987
If a debtor appears before a county court, without process and
confesses that the debtor is indebted a debt owed to a creditor, on the
application of the creditor, the court shall render judgment on the confession
against the debtor for a sum not exceeding fifteen thousand dollars.
Effective Date: 07-01-1997
Effective Date: 03-17-1987
Mayors retain jurisdiction in all criminal cases involving the
violation of ordinances of their respective municipal corporations and in all
criminal cases involving moving traffic violations occurring on state highways
located within their respective municipal corporations, to be exercised
concurrently with the county court. Effective Date: 03-17-1987
Effective Date: 03-17-1987
(A)
Each county court district shall have the following county court judges, to be
elected as follows: In the Adams county
county court, one part-time judge shall be elected in 1982. In the Ashtabula county
county court, one part-time judge shall be elected in 1980, and one part-time
judge shall be elected in 1982. In the Belmont county
county court, one part-time judge shall be elected in 1992, term to commence on
January 1, 1993, and two part-time judges shall be elected in 1994, terms to
commence on January 1, 1995, and January 2, 1995, respectively. In the Butler county
county court, one part-time judge shall be elected in 1992, term to commence on
January 1, 1993, and two part-time judges shall be elected in 1994, terms to
commence on January 1, 1995, and January 2, 1995, respectively. Until December 31, 2007,
in the Erie county county court, one part-time judge shall be elected in 1982.
Effective January 1, 2008, the Erie county county court shall cease to
exist. In the Fulton county
county court, one part-time judge shall be elected in 1980, and one part-time
judge shall be elected in 1982. In the Harrison county
county court, one part-time judge shall be elected in 1982. In the Highland county
county court, one part-time judge shall be elected in 1982. In the Jefferson county
county court, one part-time judge shall be elected in 1992, term to commence on
January 1, 1993, and two part-time judges shall be elected in 1994, terms to
commence on January 1, 1995, and January 2, 1995, respectively. In the Mahoning county
county court, one part-time judge shall be elected in 1992, term to commence on
January 1, 1993, and three part-time judges shall be elected in 1994, terms to
commence on January 1, 1995, January 2, 1995, and January 3, 1995,
respectively. In the Meigs county
county court, one part-time judge shall be elected in 1982. In the Monroe county
county court, one part-time judge shall be elected in 1982. In the Morgan county
county court, one part-time judge shall be elected in 1982. In the Muskingum county
county court, one part-time judge shall be elected in 1980, and one part-time
judge shall be elected in 1982. In the Noble county
county court, one part-time judge shall be elected in 1982. In the Paulding county
county court, one part-time judge shall be elected in 1982. In the Perry county
county court, one part-time judge shall be elected in 1982. In the Pike county county
court, one part-time judge shall be elected in 1982. Until December 31,
2006, in the Sandusky county county court, two part-time judges shall be
elected in 1994, terms to commence on January 1, 1995, and January 2, 1995,
respectively. The judges elected in 2006 shall serve
until December 31, 2012. The Sandusky county county court shall cease to exist
on January 1, 2013. In the Trumbull county
county court, one part-time judge shall be elected in 1992, and one part-time
judge shall be elected in 1994. In the Tuscarawas county
county court, one part-time judge shall be elected in 1982. In the Vinton county
county court, one part-time judge shall be elected in 1982. In the Warren county
county court, one part-time judge shall be elected in 1980, and one part-time
judge shall be elected in 1982. (1)
Additional judges shall be elected at the
next regular election for a county court judge as provided in section
1907.13 of the Revised
Code.
(2)
Vacancies
caused by the death or the resignation from, forfeiture of, or removal from
office of a judge shall be filled in accordance with section
107.08 of the Revised Code, except
as provided in section
1907.15 of the Revised
Code.
Amended by
129th General AssemblyFile
No.141, HB 509,
§1, eff.
9/28/2012. Amended by
128th General AssemblyFile
No.52, HB 338,
§1, eff.
1/1/2011. Amended by
128th General AssemblyFile
No.37, HB 238,
§1, eff.
9/8/2010. Effective Date:
12-18-2002; 06-17-2004; 2006 HB336 01-01-2007; 2006 SB171 01-02-2007;
01-18-2007 Effective Date: 11-06-1959
Effective Date: 07-08-1991
Effective Date: 03-17-1987
A county court
judge, at the time of filing a nominating petition for the office or at the
time of appointment to the office and during the judge's term of office, shall
be a qualified elector and a resident of the county court district in which the
judge is elected or appointed. A county court judge does not have to be a
resident of an area of separate jurisdiction in the county court district to
which the judge may be assigned pursuant to section
1907.15 of the Revised Code. Every
county court judge shall have been admitted to the practice of law in this
state and shall have been engaged, for a total of at least six years preceding
the judge's appointment or the commencement of the judge's term, in the
practice of law in this state, except that the
six-year practice requirement does not apply to a county court judge who is
holding office on the effective date of the amendment of this section by
H.B. 487 of the 129th general assembly, and who subsequently is a
candidate for that office. Judges shall be
elected by the electors of the county court district at the general election in
even-numbered years as set forth in section
1907.11 of the Revised Code for a
term of six years commencing on the first day of January following the election
for the county court or on the dates specified in section
1907.11 of the Revised Code for
particular county court judges. Their successors shall be elected in
even-numbered years every six years. All candidates for
county court judge shall be nominated by petition. The nominating petition
shall be in the general form and signed and verified as prescribed by section
3513.261 of the Revised Code and
shall be signed by the lesser of fifty qualified electors of the county court
district or a number of qualified electors of the county court district not
less than one per cent of the number of electors who voted for governor at the
most recent regular state election in the district. A nominating petition shall
not be accepted for filing or filed if it appears on its face to contain
signatures aggregating in number more than twice the minimum aggregate number
of signatures required by this section. A nominating petition shall be filed
with the board of elections not later than four p.m. of the ninetieth day
before the day of the general election. Amended by
129th General AssemblyFile
No.127, HB 487,
§101.01, eff.
9/10/2012. Amended by
129th General AssemblyFile
No.28, HB 153,
§101.01, eff.
9/29/2011. Amended by
128th General AssemblyFile
No.29, HB 48,
§1, eff.
7/2/2010. Effective Date: 07-01-1997
(A)
In a county court district having only
one judge, that judge shall be the presiding and administrative judge for that
district.
(B)
In a county court
district having two or more judges, the presiding and administrative judge
shall be elected or designated as provided in the Rules of Superintendence for
the Courts of Ohio.
Effective Date: 08-03-1999
A judge of a county court shall take an oath of
office as provided in section
3.23 of the
Revised Code, the office of judge of a county court is subject to forfeiture,
and a judge may be removed from office, for the causes and by the procedure
provided in sections
3.07 to
3.10 of the
Revised Code. When a judge of a
county court is temporarily absent, incapacitated, or otherwise unavailable,
the judge may appoint a substitute having the qualifications required by
section 1907.13 of the Revised Code or may
appoint a retired judge of a court of record in the state who is a qualified
elector and a resident of the county court district. If the judge is unable to
make the appointment, the administrative judge of the county court district or
the administrative judge of the court of common pleas of the county shall
appoint the substitute. The appointee shall serve during the absence,
incapacity, or unavailability of the incumbent, shall have the jurisdiction and
powers conferred upon the judge of the county court, and shall be styled
"acting judge." During that term of service, the acting judge shall sign all
process and records and perform all acts pertaining to the office except that
of removal and appointment of officers of the court. All courts shall take
judicial notice of the selection and powers of the acting judge. The incumbent
judge shall establish the amount of the compensation of an acting judge on a
per diem, hourly, or other basis, and the compensation shall not exceed the per
diem compensation paid to the incumbent judge based upon a work year of one
hundred thirty days. The compensation shall be payable in the same manner as
the compensation paid to the incumbent judge during the same period. Amended by
128th General AssemblyFile
No.9, HB 1,
§101.01, eff.
10/16/2009. Effective Date: 07-01-1997
Effective Date: 03-17-1987
(1)
In
counties having more than one county court judge, subject to division (A)(2) of
this section, the presiding judge of the county court may divide the county
court district into areas of separate jurisdiction and may designate the
location at which each judge shall hold court. Except in county court districts
exceeding one hundred twenty thousand population, each area of separate
jurisdiction shall be made up of one or more townships. In assigning areas of
separate jurisdiction, the presiding judge shall make each area of separate
jurisdiction as equal in population and case load to others in the district as
is possible under existing conditions. Whenever the territory of a county court district is reduced by
the territorial expansion of municipal court jurisdiction, the presiding judge
may redetermine areas of separate jurisdiction and, if necessary, reassign
areas so as to make each area of separate jurisdiction as equal in population
and case load to others in the district as is possible under the altered
conditions. In county court districts exceeding one hundred twenty thousand
population, subject to division (A)(2) of this section, the presiding judge of
the county court may assign more than one county court judge to an area of
separate jurisdiction. In any county court district of that nature, subject to
division (A)(2) of this section, the presiding judge from time to time may
assign a judge from one area of separate jurisdiction to another area of
separate jurisdiction and redetermine and reassign areas of separate
jurisdiction. Upon that redetermination and reassignment, the presiding judge
shall consider, in addition to population, the case load of each area of
separate jurisdiction. (2)
The presiding judge of the county court of Jefferson county shall determine
areas of separate jurisdiction for the judges of the Jefferson county county
court in the manner described in division (A)(1) of this section but subject to
the provisions of this division governing the location in which each judge
shall hold court. The judge of the Jefferson county county court whose term
commences January 1, 1993, and that judge's successors, shall hold court in
Wintersville. The judge of the Jefferson county county court whose term
commences January 1, 1995, and that judge's successors, shall hold court in
Dillonvale. The judge of the Jefferson county county court whose term commences
January 2, 1995, and that judge's successors, shall hold court in Toronto.
(3)
In counties having only one
county court judge, the area of jurisdiction shall consist of the entire county
court district, and the county court judge, with the concurrence of the board
of county commissioners, shall designate the location at which the judge shall
hold court.
(B)
The
jurisdiction of each county court judge shall be coextensive with the
boundaries of the county court district.
Effective Date: 07-01-1997
Effective Date: 03-17-1987
(A)
Beginning July 1, 1997, judges of a
county court shall receive as compensation thirty-five thousand five hundred
dollars each year in addition to the compensation payable under division (A)(6)
of section 141.04 of the Revised Code.
(B)
The compensation of judges of
a county court may be paid in either biweekly installments or semimonthly
installments, as determined by the payroll administrator, and shall be paid
from the treasury of the county in which the court is situated. A judge of a county court shall be disqualified from the
practice of law only as to matters pending or originating in that county court
during the judge's term of office. No county court judge shall hold any other
office of trust or profit under the authority of this state or the United
States. (C)
The presiding
judge of a county court who is also the administrative judge of the court shall
receive, pursuant to division (B) of this section, an additional one thousand
five hundred dollars per annum.
(D)
As used in this section, "compensation"
does not include any portion of the cost, premium, or charge for health,
medical, hospital, dental, or surgical benefits, or any combination of those
benefits, covering a judge of the county court and paid on the judge's behalf
from the treasury of the county in which the court is located.
Effective Date: 12-18-2002
(A)
As used in
this section, "health care coverage" means sickness and accident insurance or
other coverage of hospitalization, surgical care, major medical care,
disability, dental care, eye care, medical care, hearing aids, and prescription
drugs or any combination of those benefits or services.
(B)
The board of county commissioners, after
consultation with the judges of the county court, shall negotiate and contract
for, purchase, or otherwise procure group health care coverage for the judges
and their spouses and dependents from insurance companies authorized to engage
in the business of insurance in this state under Title XXXIX [39] of the
Revised Code or health insuring corporations organized under Chapter 1751. of
the Revised Code, except that, if the county provides group health care
coverage for its employees, the group health care coverage required by this
section shall be provided, if possible, through the policy or plan under which
the group health care coverage is provided for the county employees.
(C)
The portion of the costs, premiums, or
charges for the group health care coverage procured pursuant to division (B) of
this section that is not paid by the judges of the county court, or all of the
costs, premiums, or charges for the group health care coverage if the judges
will not be paying any portion of those costs, premiums, or charges, shall be
paid out of the county treasury.
Effective Date: 03-22-1999
In addition to the compensation provided in section
1907.16 of the Revised Code, the
board of county commissioners may provide for payment of a fixed annual amount,
not to exceed two thousand dollars, to each county court judge.
Effective Date: 03-17-1987
Effective Date: 03-17-1987
(A)
County court
judges, within and coextensive with their respective counties, have
jurisdiction and authority to: (1)
Administer an
oath authorized or required by law to be administered;
(2)
Take
acknowledgments of instruments of writing;
(3)
Issue subpoenas to compel the attendance of witnesses to give evidence in
causes or matters pending before the judges, or for the purpose of taking
depositions or perpetuating testimony;
(4)
Proceed against sheriffs, deputy sheriffs, and constables failing to make
return, making false return, or failing to pay over money collected on
execution issued by the judges;
(5)
Try
actions against other county court judges for refusing or neglecting to pay
over moneys collected in their official capacity when the amount claimed does
not exceed five hundred dollars. This division does not deny or impair any
remedy provided by law in such a case by suit on the official bond of such a
county court judge, or by amercement or otherwise, for neglect or failure to
pay over money so collected.
(6)
Hear
actions concerning the issuance and enforcement of, issue, and enforce
temporary protection orders pursuant to section
2919.26 of the Revised Code and
protection orders pursuant to section
2903.213 of the Revised Code;
(7)
Hear actions
concerning the enforcement of protection orders issued by courts of another
state, as defined in section
2919.27 of the Revised Code, and
to enforce those protection orders.
(B)
County court judges may punish contempts, and exercise powers necessary to give
effect to the jurisdiction of the court and to enforce its judgments, orders,
and decrees, as provided in this chapter or, in the absence of a provision in
this chapter, in a manner authorized by the Revised Code or common law for the
judges of the courts of common pleas.
(1)
County court judges have jurisdiction
and authority to perform marriage ceremonies anywhere in the state.
(2)
A county
court judge shall pay all marriage fees collected by the judge when not
connected with any cause or proceeding pending in the county court to the
treasurer of the county in which the court is located.
Amended by
128th General AssemblyFile
No.37, HB 238,
§1, eff.
9/8/2010. Effective Date: 07-29-1998
(A)
If a
sheriff or chief of police has not taken, or caused to be taken, a person's or
child's fingerprints in accordance with division (A)(1) of section
109.60 of the Revised Code with
respect to a crime or act set forth in that division by the time of the
arraignment or first appearance of the person or child with respect to that
crime or act, the county court shall order the person or child to appear before
the sheriff or chief of police within twenty-four hours of the arraignment or
first appearance to have the person's or child's fingerprints taken as provided
in division (A)(2) of section
109.60 of the Revised Code.
(B)
If the county court has
jurisdiction over a case involving a person or child with respect to whom
division (A)(1) or (2) of section
109.60 of the Revised Code requires
a sheriff or chief of police to take the person's or child's fingerprints, the
county court shall inquire at the time of the person's or child's sentencing or
adjudication for the crime or act for which the fingerprints were required to
be taken whether or not the person or child has been fingerprinted pursuant to
division (A)(1) or (2) of section
109.60 of the Revised Code for the
original arrest or court appearance upon which the sentence or adjudication is
based. If a person or child was not fingerprinted for the original arrest or
court appearance, the county court shall order the person or child to appear
before the sheriff or chief of police within twenty-four hours to have the
person's or child's fingerprints taken as provided in division (A)(3) of
section 109.60 of the Revised Code.
Effective Date:
03-17-1987; 2008 SB163 08-14-2008 The board of county commissioners shall provide for each county
court judge in the county suitable court and office space and all materials
necessary for the business of the court, including a current set of the Revised
Code. Effective Date: 04-19-1988
Effective Date: 03-17-1987
(A)
The clerk of
courts shall be the clerk of the county court, except that the board of county
commissioners, with the concurrence of the county court judges, may appoint a
clerk for each county court judge, who shall serve at the pleasure of the board
and shall receive compensation as set by the board, payable in semimonthly
installments from the treasury of the county. An appointed clerk, before
entering upon the duties of the office, shall give bond of not less than five
thousand dollars, as determined by the board of county commissioners,
conditioned upon the faithful performance of the clerk's duties. The clerks of courts of
common pleas, when acting as the clerks of county courts, and upon assuming
their county court duties, shall receive compensation at one-fourth the rate
prescribed for the clerks of courts of common pleas as determined in accordance
with the population of the county and the rates set forth in sections
325.08 and
325.18 of the Revised Code. This
compensation shall be paid from the county treasury in semimonthly installments
and is in addition to the annual compensation received for the performance of
the duties of the clerk of a court of common pleas as provided in sections
325.08 and
325.18 of the Revised Code. (B)
The clerk of
a county court shall have general powers to administer oaths, take affidavits,
and issue executions upon any judgment rendered in the county court, including
a judgment for unpaid costs, power to issue and sign all writs, process,
subpoenas, and papers issuing out of the court, and to attach the seal of the
court to them, and power to approve all bonds, sureties, recognizances, and
undertakings fixed by any judge of the court or by law. The clerk shall file
and safely keep all journals, records, books, and papers belonging or
appertaining to the court, record its proceedings, perform all other duties
that the judges of the court may prescribe, and keep a book showing all
receipts and disbursements, which shall be open for public inspection at all
times. The clerk may refuse to accept for filing any pleading or paper
submitted for filing by a person who has been found to be a vexatious litigator
under section
2323.52 of the Revised Code and
who has failed to obtain leave to proceed under that section. The clerk shall prepare
and maintain a general index, a docket as prescribed by the court, which shall
be furnished by the board of county commissioners, and such other records as
the court, by rule, requires, all of which shall be the public records of the
court. In the docket, the clerk shall enter at times of the commencement of an
action, the names of the parties in full, the names of the counsel, and the
nature of the proceedings. Under proper dates, the clerk shall note the filing
of the complaint, issuing of summons or other process, returns, and pleadings
subsequent thereto. The clerk also shall enter all reports, verdicts, orders,
judgments, and proceedings of the court, clearly specifying the relief granted
or orders made in each action. The court may order an extended record of any of
the above to be made and entered, under the proper action heading, upon the
docket at the request of any party to the case, the expense of which may be
taxed as costs in the case or may be required to be prepaid by the party
demanding the extended record, upon order of the court. (C)
The
clerk of a county court shall receive and collect all costs, fees, fines,
penalties, bail, and other moneys payable to the office or to any officer of
the court and issue receipts therefor, and shall on or before the
twentieth day of the month following the month in
which they are collected disburse the costs, fees, fines, penalties,
bail, and other moneys to the proper persons or officers and take receipts
therefor. Subject to sections
307.515 ,
4511.19 ,
4511.193 , and
5503.04 of the Revised Code and
all other statutes that require a different distribution of fines, fines
received for violations of municipal ordinances shall be paid into the treasury
of the municipal corporation whose ordinance was violated, fines received for
violations of township resolutions adopted pursuant to section
503.52 or
503.53 or Chapter 504. of the
Revised Code shall be paid into the treasury of the township whose resolution
was violated, and fines collected for the violation of state laws shall be paid
into the county treasury. Moneys deposited as security for costs shall be
retained pending the litigation. The clerk shall keep a
separate account of all receipts and disbursements in civil and criminal cases.
The separate account shall be a permanent public record of the office. On the
expiration of a clerk's term, those records shall be delivered to the clerk's
successor. The clerk shall have such
other powers and duties as are prescribed by rule or order of the court. (D)
All moneys
paid into a county court shall be noted on the record of the case in which they
are paid and shall be deposited in a state or national bank selected by the
clerk. On the first Monday in January of each year, the clerk shall make a list
of the titles of all cases in the county court that were finally determined
more than one year past in which there remains unclaimed in the possession of
the clerk any funds, or any part of a deposit for security of costs not
consumed by the costs in the case. The clerk shall give notice of the moneys to
the parties entitled to them or to their attorneys of record. All the moneys
remaining unclaimed on the first day of April of each year shall be paid by the
clerk to the county treasurer. Any part of the moneys shall be paid by the
county treasurer at any time to the person having the right to them, upon
proper certification of the clerk.
(1)
In county court districts having
appointed clerks, deputy clerks may be appointed by the board of county
commissioners. Clerks and deputy clerks shall receive such compensation payable
in semimonthly installments out of the county treasury as the board may
prescribe. Each deputy clerk shall take an oath of office before entering upon
the duties of the deputy clerk's office and, when so qualified, may perform the
duties appertaining to the office of the clerk. The clerk may require any of
the deputy clerks to give bond of not less than three thousand dollars,
conditioned for the faithful performance of the deputy clerk's
duties.
(2)
A clerk of
courts acting as clerk of the county court may appoint deputy clerks to perform
the duties pertaining to the office of clerk of the county court. Each deputy
clerk shall take an oath of office before entering upon the deputy clerk's
duties, and the clerk of courts may require the deputy clerk to give bond of
not less than three thousand dollars, conditioned for the faithful performance
of the deputy clerk's duties.
(3)
The
clerk or a deputy clerk of a county court shall be in attendance at all
sessions of the court, although not necessarily in the courtroom, and may
administer oaths to witnesses and jurors and receive verdicts.
(1)
In county court districts having
appointed clerks, the board of county commissioners may order the establishment
of one or more branch offices of the clerk and, with the concurrence of the
county judges, may appoint a special deputy clerk to administer each branch
office. Each special deputy clerk shall take an oath of office before entering
upon the duties of the deputy clerk's office and, when so qualified, may
perform any one or more of the duties appertaining to the office of clerk, as
the board prescribes. Special deputy clerks shall receive such compensation
payable in semimonthly installments out of the county treasury as the board may
prescribe. The board may require any of the special deputy clerks to give bond
of not less than three thousand dollars, conditioned for the faithful
performance of the deputy clerk's duties. The board of county
commissioners may authorize the clerk of the county court to operate one or
more branch offices, to divide the clerk's time between the offices, and to
perform duties appertaining to the office of clerk in locations that the board
prescribes. (2)
A clerk of
courts acting as clerk of the county court may establish one or more branch
offices for the clerk's duties as clerk of the county court and, with the
concurrence of the county court judges, may appoint a special deputy clerk to
administer each branch office. Each special deputy clerk shall take an oath of
office before entering upon the deputy clerk's duties and, when so qualified,
may perform any of the duties pertaining to the office of clerk, as the clerk
of courts prescribes. The clerk of courts may require any of the special deputy
clerks to give bond of not less than three thousand dollars, conditioned for
the faithful performance of the deputy clerk's duties.
(G)
The
clerk of courts of the county shall fix the compensation of deputy clerks and
special deputy clerks appointed by the clerk pursuant to this section. Those
personnel shall be paid and be subject to the same requirements as other
employees of the clerk under the provisions of section
325.17 of the Revised Code insofar
as that section is applicable.
Amended by
129th General AssemblyFile
No.176, HB 197,
§1, eff.
3/22/2013. Effective Date:
01-01-2004; 08-17-2006; 2008 HB420 01-01-2010
(A)
The judge or judges of a county court may
appoint an interpreter, one or more mental health professionals, one or more
probation officers, an assignment commissioner, a deputy assignment
commissioner, and other court aides on a full-time, part-time, per diem,
hourly, or other basis, who shall serve at the pleasure of the appointing judge
or judges and who shall receive compensation as prescribed by the board of
county commissioners from the county treasury or other authorized funds.
Probation officers have all the powers of deputy sheriffs or regular police
officers and shall perform any duties that are designated by the judge or
judges of the court. Assignment commissioners shall assign cases for trial and
perform any other duties that the court directs.
(B)
The judge or judges may appoint one or
more typists, stenographers, statistical clerks, bookkeepers, and official
court reporters, each of whom shall be paid compensation as prescribed by the
board of county commissioners from the county treasury or other authorized
funds.
(C)
A probation officer,
assignment commissioner, or official court reporter appointed pursuant to this
section is in the unclassified civil service.
Effective Date: 07-01-1997
Upon receiving the notification of the interest rate per annum
from the county auditor pursuant to section
319.19 of the Revised Code, the
clerk of a county court shall post or cause to be posted notice of that
interest rate per annum in a conspicuous and public location in or near the
office of the clerk of the court in the courthouse or building in which the
county court is located. Effective Date: 06-02-2004
Each clerk of a county court shall keep an alphabetical index
to his docket, in which he shall enter the names of the parties to each
judgment, direct and reverse, with a reference to the page of the entry. The
names of the parties shall be entered in the index in the alphabetical order of
the first letter of the family name. The clerk shall number the cases
progressively on his docket, and shall correspondingly number the papers in
each case. The clerk shall keep the entire papers in each action together, in
packages of proper and convenient size, and in the order in which the cases are
numbered on his docket. Effective Date: 03-17-1987
Effective Date: 03-17-1987
Upon the expiration of his term of office, the clerk of a
county court shall deposit with his successor such clerk's official dockets,
the official dockets of his predecessors that are in his custody, and all
files, papers, and other materials that pertain to his office and that are kept
at his office as public records and property. Effective Date: 03-17-1987
Effective Date: 11-06-1959
A clerk of a county court who receives by succession dockets,
files, papers, and materials as provided in section
1907.22 of the Revised Code shall,
if requested, give a receipt for them to the person from whom they are
received. Effective Date: 03-17-1987
Notwithstanding section
149.38 of the Revised Code, each
clerk of a county court shall retain documentation regarding each criminal
conviction and plea of guilty involving a case that is or was before the court.
The documentation shall be in a form that is admissible as evidence in a
criminal proceeding as evidence of a prior conviction or that is readily
convertible to or producible in a form that is admissible as evidence in a
criminal proceeding as evidence of a prior conviction and may be retained in
any form authorized by section
9.01 of the
Revised Code. The clerk shall retain this documentation for a period of fifty
years after the entry of judgment in the case, except that documentation
regarding cases solely concerned with minor misdemeanor offenses or minor
misdemeanor traffic offenses shall be retained as provided in divisions (A) and
(B) of section
1901.41 of the Revised Code, and
documentation regarding other misdemeanor traffic offenses shall be retained
for a period of twenty-five years after the entry of judgment in the case. This
section shall apply to records currently retained and to records created on or
after September 23, 2004. Effective Date:
09-23-2004; 03-23-2005 (A)
Subject to division (C) of this section, a county court shall fix and tax fees
and costs as follows: (1)
The
county court shall require an advance deposit for the filing of any new civil
action or proceeding when required by division (C) of this section and, in all
other cases, shall establish a schedule of fees and costs to be taxed in any
civil or criminal action or proceeding.
(2)
The county court by rule may require an advance deposit for the filing of a
civil action or proceeding and publication fees as provided in section
2701.09 of the Revised Code. The
court may waive an advance deposit requirement upon the presentation of an
affidavit or other evidence that establishes that a party is unable to make the
requisite deposit.
(3)
When a party demands a jury trial in a civil action or proceeding, the county
court may require the party to make an advance deposit as fixed by rule of
court, unless the court concludes, on the basis of an affidavit or other
evidence presented by the party, that the party is unable to make the requisite
deposit. If a jury is called, the county court shall tax the fees of a jury as
costs.
(4)
In a
civil or criminal action or proceeding, the county court shall fix the fees of
witnesses in accordance with sections
2335.06 and
2335.08 of the Revised Code.
(5)
A county
court may tax as part of the costs in a trial of the cause, in an amount fixed
by rule of court, a reasonable charge for driving, towing, carting, storing,
keeping, and preserving motor vehicles and other personal property recovered or
seized in a proceeding.
(6)
The court shall preserve chattel property seized under a writ or process issued
by the court pending final disposition for the benefit of all interested
persons. The court may place the chattel property in storage when necessary or
proper for its preservation. The custodian of chattel property so stored shall
not be required to part with the possession of the property until a reasonable
charge, to be fixed by the court, is paid.
(7)
The county court, as it determines, may refund all deposits and advance
payments of fees and costs, including those for jurors and summoning jurors,
when they have been paid by the losing party.
(8)
The court may tax as part of costs charges for the publication of legal notices
required by statute or order of court, as provided by section
7.13 of the
Revised Code.
(1)
The county court may determine that, for
the efficient operation of the court, additional funds are necessary to acquire
and pay for special projects of the court including, but not limited to, the
acquisition of additional facilities or the rehabilitation of existing
facilities, the acquisition of equipment, the hiring and training of staff,
community service programs, mediation or dispute resolution services, the
employment of magistrates, the training and education of judges, acting judges,
and magistrates, and other related services. Upon that determination, the court
by rule may charge a fee, in addition to all other court costs, on the filing
of each criminal cause, civil action or proceeding, or judgment by confession. If the county court
offers a special program or service in cases of a specific type, the county
court by rule may assess an additional charge in a case of that type, over and
above court costs, to cover the special program or service. The county court
shall adjust the special assessment periodically, but not retroactively, so
that the amount assessed in those cases does not exceed the actual cost of
providing the service or program. All moneys collected
under division (B) of this section shall be paid to the county treasurer for
deposit into either a general special projects fund or a fund established for a
specific special project. Moneys from a fund of that nature shall be disbursed
upon an order of the court in an amount no greater than the actual cost to the
court of a project. If a specific fund is terminated because of the
discontinuance of a program or service established under division (B) of this
section, the county court may order that moneys remaining in the fund be
transferred to an account established under this division for a similar
purpose. (2)
As used
in division (B) of this section: (a)
"Criminal cause" means a charge alleging the violation of a statute or
ordinance, or subsection of a statute or ordinance, that requires a separate
finding of fact or a separate plea before disposition and of which the
defendant may be found guilty, whether filed as part of a multiple charge on a
single summons, citation, or complaint or as a separate charge on a single
summons, citation, or complaint. "Criminal cause" does not include separate
violations of the same statute or ordinance, or subsection of the same statute
or ordinance, unless each charge is filed on a separate summons, citation, or
complaint.
(b)
"Civil
action or proceeding" means any civil litigation that must be determined by
judgment entry.
(C)
Subject to division (E) of this section, the county court shall collect in all
its divisions except the small claims division the sum of twenty-six dollars as
additional filing fees in each new civil action or proceeding for the
charitable public purpose of providing financial assistance to legal aid
societies that operate within the state and to support the office of the state
public defender. Subject to division (E) of this section, the county court
shall collect in its small claims division the sum of eleven dollars as
additional filing fees in each new civil action or proceeding for the
charitable public purpose of providing financial assistance to legal aid
societies that operate within the state and to support the office of the state
public defender. This division does not apply to any execution on a judgment,
proceeding in aid of execution, or other post-judgment proceeding arising out
of a civil action. The filing fees required to be collected under this division
shall be in addition to any other court costs imposed in the action or
proceeding and shall be collected at the time of the filing of the action or
proceeding. The court shall not waive the payment of the additional filing fees
in a new civil action or proceeding unless the court waives the advanced
payment of all filing fees in the action or proceeding. All such moneys
collected during a month except for an amount equal to
up to one per cent of those moneys retained to cover administrative costs
shall be transmitted on or before the twentieth day of the following month by
the clerk of the court to the treasurer of state in a manner prescribed by the
treasurer of state or by the Ohio legal assistance foundation. The treasurer of
state shall deposit four per cent of the funds collected under this division to
the credit of the civil case filing fee fund established under section
120.07 of the Revised Code and
ninety-six per cent of the funds collected under this division to the credit of
the legal aid fund established under section
120.52 of the Revised Code. The court may retain
up to one per cent of the moneys it collects under this division to cover
administrative costs, including the hiring of any additional personnel
necessary to implement this division. If the court
fails to transmit to the treasurer of state the moneys the court collects under
this division in a manner prescribed by the treasurer of state or by the Ohio
legal assistance foundation, the court shall forfeit the moneys the court
retains under this division to cover administrative costs, including the hiring
of any additional personnel necessary to implement this division, and shall
transmit to the treasurer of state all moneys collected under this division,
including the forfeited amount retained for administrative costs, for deposit
in thelegal aid fund. (D)
The county court shall establish by rule a schedule of fees for miscellaneous
services performed by the county court or any of its judges in accordance with
law. If judges of the court of common pleas perform similar services, the fees
prescribed in the schedule shall not exceed the fees for those services
prescribed by the court of common pleas.
(E)
Under the circumstances described in sections
2969.21 to
2969.27 of the Revised Code, the
clerk of the county court shall charge the fees and perform the other duties
specified in those sections.
Amended by
128th General AssemblyFile
No.9, HB 1,
§101.01, eff.
10/16/2009. Effective Date:
09-05-2001; 10-01-2005 (1)
Notwithstanding any other provision of the Revised Code, if at the time of
sentencing or at any time after sentencing a county court finds that a person
who is found guilty of an offense is unable to pay costs, the court may order
the offender to perform community service in lieu of costs.
(2)
Notwithstanding any other provision of the Revised Code, if at the time of
sentencing or at any time after sentencing a county court finds that a person
who is found guilty of an offense will not be able to pay costs in full when
they are due, the court may order the offender to pay the costs in installments
according to a schedule set by the court.
(B)
If a person
is charged with an offense in county court and either fails to appear in court
at the required time and place to answer the charge or pleads guilty to or is
found guilty of the offense and fails within the time allowed by the court to
pay any fine or costs imposed by the court, unless the court previously has
given written notice to the person, the court shall send the person a notice by
ordinary mail at the person's last known address stating that there is a
balance due, specifying the amount of the balance due, and directing the person
to contact the court clerk's office within ten days of the date of the notice.
The notice shall include the sentence: "WARNING: Failure to timely respond to
this notice may result in the blocking of your motor vehicle registration or
transfer of registration!" To avoid a block on the person's motor vehicle
registration or transfer of registration, the person may enter into a written
agreement with the court to pay the balance due in installments or to perform
community service in lieu of payment. The agreement shall include the sentence:
"WARNING: Failure to comply with the payment schedule or to complete your
community service requirement may result in the blocking of your motor vehicle
registration or transfer of registration!" If a person does not enter into an agreement under this
division or if a person fails to comply with an agreement entered into under
this division, the court may enter information relative to the person's failure
to pay any outstanding amount of the fine or costs on a form prescribed or
approved by the registrar pursuant to division (C) of this section and send the
form to the registrar. Upon receipt of the form, the registrar shall take any
measures necessary to ensure that neither the registrar nor any deputy
registrar accepts any application for the registration or transfer of
registration of any motor vehicle owned or leased by the person. However, for a
motor vehicle leased by the person, the registrar shall not implement this
requirement until the registrar adopts procedures for that implementation under
section 4503.39 of the Revised
Code. The period of denial relating to the issuance or transfer of
a certificate of registration for a motor vehicle imposed under this section
remains in effect until the person pays any fine or costs imposed by the court
relative to the offense. When the fine or costs have been paid in full, the
court shall inform the registrar of the payment by entering information
relative to the payment on a notice of payment form prescribed or approved by
the registrar pursuant to division (C) of this section and sending the form to
the registrar. (C)
The
registrar shall prescribe and make available to county courts forms to be used
for a notice to the registrar of failure to pay fines or costs and a notice to
the registrar of payment of fines or costs under division (B) of this section.
The registrar may approve the use of other forms for these purposes. The registrar may require that any of the forms prescribed
or approved pursuant to this section be transmitted to the registrar
electronically. If the registrar requires electronic transmission, the
registrar shall not be required to give effect to any form that is not
transmitted electronically. Added by
129th General AssemblyFile
No.176, HB 197,
§1, eff.
3/22/2013. 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. Added by
129th General AssemblyFile
No.169, HB 247,
§1, eff.
3/22/2013. Judges of a county court
shall not retain any of the costs or fees specified in the schedules adopted
pursuant to section
1907.24 of the Revised Code nor
shall they retain a fee for performing a marriage ceremony. Those costs and
fees that cannot be retained shall be transmitted to the general fund of the
county on or before the
twentieth day of the month
following the month in which they are
collected. Amended by
129th General AssemblyFile
No.176, HB 197,
§1, eff.
3/22/2013. Amended by
128th General AssemblyFile
No.37, HB 238,
§1, eff.
9/8/2010. Effective Date: 07-01-1997
(1)
A county court may determine that for the
efficient operation of the court additional funds are required to computerize
the court, to make available computerized legal research services, or to do
both. Upon making a determination that additional funds are required for either
or both of those purposes, the court shall include in its schedule of fees and
costs under section
1907.24 of the Revised Code one
additional fee not to exceed three dollars on the filing of each cause of
action or appeal equivalent to one described in division (A), (Q), or (U) of
section 2303.20 of the Revised Code and
shall direct the clerk of the court to charge the fee.
(2)
All
fees collected under this section shall be paid on or
before the twentieth day of the month following the month in which they are
collected to the county treasurer. The treasurer shall place the funds
from the fees in a separate fund to be disbursed either upon an order of the
court, subject to an appropriation by the board of county commissioners, or
upon an order of the court, subject to the court making an annual report
available to the public listing the use of all such funds, in an amount not
greater than the actual cost to the court of computerizing the court, procuring
and maintaining computerized legal research services, or both.
(3)
If
the court determines that the funds in the fund described in division (A)(2) of
this section are more than sufficient to satisfy the purpose for which the
additional fee described in division (A)(1) of this section was imposed, the
court may declare a surplus in the fund and, subject to an appropriation by the
board of county commissioners, expend those surplus funds, or upon an order of
the court, subject to the court making an annual report available to the public
listing the use of all such funds, expend those surplus funds, for other
appropriate technological expenses of the court.
(1)
A county court may determine that, for
the efficient operation of the court, additional funds are required to
computerize the office of the clerk of the court and, upon that determination,
may include in its schedule of fees and costs under section
1907.24 of the Revised Code an
additional fee not to exceed ten dollars on the filing of each cause of action
or appeal, on the filing, docketing, and endorsing of each certificate of
judgment, or on the docketing and indexing of each aid in execution or petition
to vacate, revive, or modify a judgment that is equivalent to one described in
division (A), (P), (Q), (T), or (U) of section
2303.20 of the Revised Code.
Subject to division (B)(2) of this section, all moneys collected under division
(B)(1) of this section shall be paid on or before the
twentieth day of the month following the month in which they are
collected to the county treasurer. The treasurer shall place the funds
from the fees in a separate fund to be disbursed, upon an order of the county
court and subject to an appropriation by the board of county commissioners, in
an amount no greater than the actual cost to the court of procuring and
maintaining computer systems for the office of the clerk of the county
court.
(2)
If a county
court makes the determination described in division (B)(1) of this section, the
board of county commissioners of that county may issue one or more general
obligation bonds for the purpose of procuring and maintaining the computer
systems for the office of the clerk of the county court. In addition to the
purposes stated in division (B)(1) of this section for which the moneys
collected under that division may be expended, the moneys additionally may be
expended to pay debt charges and financing costs related to any general
obligation bonds issued pursuant to division (B)(2) of this section as they
become due. General obligation bonds issued pursuant to division (B)(2) of this
section are Chapter 133. securities.
Amended by
129th General AssemblyFile
No.176, HB 197,
§1, eff.
3/22/2013. Amended by
129th General AssemblyFile
No.28, HB 153,
§101.01, eff.
9/29/2011. Effective Date: 03-24-1993
(A)
A county court may establish by rule procedures for the resolution of disputes
between parties. Any procedures so adopted shall include, but are not limited
to, mediation. If the court establishes any procedures under this division, the
court may include in the court's schedule of fees and costs under section
1907.24 of the Revised Code a
reasonable fee, that is to be collected on the filing of each civil or criminal
action or proceeding, and that is to be used to implement the procedures, and
the court shall direct the clerk of the court to charge the fee.
(B)
All fees collected under division (A) of this section shall be paid to the
county treasurer. The treasurer shall place the funds from the fees in a
separate fund to be disbursed either upon an
order of the court, subject to an appropriation by the
board of county commissioners, or upon an order of the court, subject to the
court making an annual report available to the public listing the use of all
such funds.
(C)
If the
court determines that the amount of the moneys in the fund described in
division (B) of this section is more than the amount sufficient to satisfy the
purpose for which the additional fee described in division (A) of this section
was imposed, the court may declare a surplus in the fund and, subject to an appropriation by the board of county
commissioners, expend the surplus moneys, or upon
an order of the court, subject to the court making an annual report available
to the public listing the use of all such funds, expend the surplus
moneys, for other appropriate expenses of the court.
Amended by
129th General AssemblyFile
No.28, HB 153,
§101.01, eff.
9/29/2011. Effective Date: 07-01-1997
Witness fees in relation to civil and criminal actions and
proceedings shall be determined in accordance with Chapter 2335 of the Revised
Code. Effective Date: 03-17-1987
Effective Date: 03-17-1987
A county court may
provide, by rule, how jurors shall be chosen, and may provide that jurors to be
used in the court may be chosen and summoned by the jury commissioners of the
county as provided in Chapter 2313. of the Revised Code. Selection shall be
made from residents within the county court district, and, if Chapter 2313. of
the Revised Code is followed, those appearing to reside outside the district
shall be returned to the annual jury
list. Jurors shall be impaneled
in the same manner, shall have the same qualifications, shall be challenged for
the same causes, and shall receive the same fees as jurors in the court of
common pleas. The fees of jurors in any criminal case that involves a violation
of state law shall be paid out of the county treasury, and the fees of jurors
in any case that involves a violation of a municipal ordinance shall be paid
out of the treasury of the municipal corporation that enacted the
ordinance. Amended by
129th General AssemblyFile
No.81, HB 268,
§1, eff.
5/22/2012. Effective Date: 03-17-1987
Effective Date: 03-17-1987
(A)
A jury trial shall be demanded in the
manner prescribed in the Rules of Civil Procedure or the Rules of Criminal
Procedure. The number of persons composing a jury and the verdicts of jurors
shall be governed by those rules.
(B)
The right of a person to a jury trial is
waived under the circumstances prescribed in the Rules of Civil Procedure or
the Rules of Criminal Procedure.
(C)
If, as a result of challenges or other
causes, a jury panel is not full, the deputy sheriff or constable who is in
attendance at a trial before a county court may fill the panel in the same
manner as the sheriff fills a panel in the court of common pleas.
(D)
The judge of the county court involved in
a case shall administer an oath to the jury to try the matters in difference
between the parties that are to be determined by the jury, and to give a
verdict in accordance with the evidence.
(E)
After the jurors are sworn in a case
before a county court, they shall sit together and hear the proofs and
allegations of the parties. After the hearing, the jury shall be kept together
in a convenient place until they have agreed upon their verdict or have been
discharged by the county court judge involved in the case.
(F)
If an action being tried to a jury in a
county court is continued, the jurors shall attend at the time and place
appointed for trial without further notice.
(G)
The judge of a county court involved in a
case may punish as for contempt any juror who neglects or refuses to attend
when properly summoned or who, although in attendance, refuses to serve.
(H)
If, in a civil action before a
county court, the judge is satisfied that the number of jurors required by
Civil Rule 48 for concurrence purposes cannot concur in a verdict, and the jury
has deliberated upon the verdict for a reasonable time, the judge may discharge
the jury and continue the action. If either party requests a new jury, the
judge shall cause the selection of another jury. If the action is continued, it
shall be continued to a time that the judge considers reasonable unless the
parties or their attorneys agree on a longer or shorter time.
Effective Date: 03-17-1987
Effective Date: 03-17-1987
Appeals from the final judgments of a county court may be taken
to the court of appeals for the county in which the judgment was rendered.
Effective Date: 03-17-1987
Effective Date: 03-17-1987
(A)
The Rules of Civil Procedure, the Rules
of Criminal Procedure, and the Rules of Evidence apply in civil and criminal
actions and proceedings before a county court unless otherwise specifically
provided in the Revised Code.
(B)
The Rules of Appellate Procedure govern appeals from a county court to the
court of appeals.
Effective Date: 03-17-1987
Effective Date: 03-17-1987
A defendant in a civil action in a county court may be arrested
under the circumstances and in the manner specified in Chapter 2713. of the
Revised Code for arrests of defendants in the courts of common pleas, but
references in that chapter to a county sheriff shall be construed to include
constables who are ministerial officers of a county court. The bail and deposit
of money in lieu of bail provisions of that chapter also shall apply to
defendants in a county court. Effective Date: 03-17-1987
Effective Date: 03-17-1987
(A)
In a civil action for the recovery of
money that is before a judge of a county court, the plaintiff may have an order
of attachment against the property, other than personal earnings, of the
defendant upon or at any time after its commencement, only in accordance with
Chapter 2715. of the Revised Code. Additionally, in such a civil action before
a judge of a county court, an attachment against the property, other than
personal earnings, of a defendant, that is in the possession of another person,
may be accomplished prior to the entry of judgment only pursuant to a
garnishment proceeding in accordance with section
2715.091 and related provisions of
Chapter 2715. of the Revised Code.
(B)
An attachment against the personal
earnings of a person, through an action in garnishment of personal earnings,
may be granted in a county court only after a judgment has been obtained by the
plaintiff and only in accordance with Chapter 2716. of the Revised Code.
Additionally, attachment against the property, other than personal earnings, of
a person against whom a judgment has been obtained and that is in the
possession of another person, may be accomplished in a county court only
pursuant to a garnishment proceeding in accordance with Chapter 2716. of the
Revised Code.
Effective Date: 03-17-1987
Effective Date: 03-17-1987
In any case in which an order of attachment has been issued by
a judge of a county court pursuant to Chapter 2715. of the Revised Code, if it
appears from the return of the officer to whom the order was directed and from
the examination of the garnishee, if there is a garnishee in the case, that no
property, moneys, rights, credit, or effects of the defendant in the case have
been taken under the attachment, but that the defendant is the owner of an
interest in real estate in the county, the judge before whom the action is
pending, at the request of the plaintiff in the case, shall promptly certify
his proceedings to the court of common pleas. Thereupon, the clerk of the court
of common pleas shall docket the cause, and the action shall proceed as if it
had originated in that court. Effective Date: 03-17-1987
Effective Date: 03-17-1987
In actions, under section
1907.34 of the Revised Code, for a
sum, of which county court judges have exclusive original jurisdiction, if the
defendant is not a resident of the county, the fact of nonresidence is a ground
of attachment in the court of common pleas. Effective Date: 03-17-1987
Effective Date: 03-17-1987
In any civil action involving a claim for the recovery of
specific personal property that is before a judge of a county court, a party
may recover the possession of the specific personal property prior to the entry
of judgment only as provided in Chapter 2737. of the Revised Code.
Effective Date: 03-17-1987
Effective Date: 03-17-1987
When it appears to a judge of a county court that a witness was
served with a subpoena to appear and give testimony before him in any matter in
which he has authority to require the witness to appear and testify, that the
testimony of that witness is material, and that he refuses or neglects to
attend in conformity with the subpoena, the judge shall issue a warrant to
arrest the witness for the purpose of compelling his attendance and punishing
his disobedience. Effective Date: 03-17-1987
Effective Date: 03-17-1987
When a witness arrested under section
1907.37 of the Revised Code is
brought before the judge of the county court, or when a person in attendance
refuses to testify as a witness, and no valid excuse is shown, the judge may
punish the person as for contempt, and, if he does so, the judge shall enter
any fine or imprisonment imposed on the docket. An entry indicating a fine has
the effect of a judgment in favor of this state against the witness or person,
and it may be enforced against his person or property. Effective Date: 03-17-1987
Effective Date: 03-17-1987
If a witness who is subpoenaed in an action before a judge of a
county court attends and is not examined by either party, the costs of that
witness shall be paid by the party ordering the subpoena, unless the adverse
party, by confessing the matter or otherwise, renders the examination
unnecessary. Effective Date: 03-17-1987
Effective Date: 03-17-1987
Every person who is subpoenaed as a witness in the county court
and who neglects to appear or refuses to testify, is liable to the party in
whose behalf he was subpoenaed, for all damages that the party sustains by
reason of the nonappearance or refusal to testify. Effective Date: 03-17-1987
Effective Date: 03-17-1987
(A)
The provisions of sections
2711.01 to
2711.15 of the Revised Code
relating to arbitration shall apply to county courts, subject to the
jurisdiction provisions of this chapter.
(B)
Arbitration also may occur in accordance
with sections
1907.42 to
1907.46 of the Revised Code.
Effective Date: 03-17-1987
Effective Date: 03-17-1987
In an action before a judge of a county court, at any time
before trial and before judgment is rendered, the parties may have a cause
submitted to the arbitration of three disinterested men, to be chosen by them.
If the arbitrators are present, they shall hear and determine the cause on
oath, to be administered by the judge. If the arbitrators are not present, the
judge shall issue a summons for them to attend at the time and place appointed
for the trial. That summons shall be served by the sheriff or any constable, or
by the parties, as they may agree. The fees of the arbitrators are the same as
those provided for jurors in the court of common pleas. Effective Date: 03-17-1987
When the arbitrators mentioned in section
1907.42 of the Revised Code
convene and are qualified, they shall hear and determine the cause, make out
their award in writing, and return it to the judge of the county court. The
award is valid when signed by any two of the arbitrators. The judge shall enter
the award on his docket, render judgment on it, and issue execution, as in
other cases. Effective Date: 03-17-1987
Every judgment rendered on an award under section
1907.43 of the Revised Code,
concludes the rights of the parties, unless it appears to the county court
judge who rendered the judgment within ten days from its rendition, or to the
court of appeals on appeal, that the award was obtained by fraud, corruption,
or other undue means. Effective Date: 03-17-1987
When, within the period mentioned in section
1907.44 of the Revised Code,
satisfactory proof is adduced before the judge of the county court that the
award was obtained by fraud, corruption, or other undue means, the judge may
set aside the award and his judgment on it, and proceed to final trial and
judgment, as if the award never had been made. Effective Date: 03-17-1987
An appeal shall be allowed to the court of appeals from the
judgment of a judge of a county court rendered under section
1907.43 of the Revised Code on an
award, on the ground that the award was obtained by fraud, corruption, or other
undue means. If the court of appeals determines that the award was obtained
by fraud, corruption, or other undue means, it shall enter its judgment and
remand the case to the judge of the county court for trial and judgment.
Effective Date: 03-17-1987
Execution and proceedings in aid of execution in a county court
shall be in accordance with Chapters 2327., 2329., 2331., and 2333. of the
Revised Code and with any other provisions of the Revised Code that relate to
execution and proceedings in aid of execution in the courts of common pleas.
Effective Date: 03-17-1987
Any county court judge may issue executions on judgments on the
docket of a judge of the same district, who is unable to issue them in
consequence of sickness, absence, or other cause. Effective Date: 03-17-1987
A judgment that is rendered by a judge of a county court and
that is dormant, may be revived in the manner prescribed for reviving dormant
judgments in the court of common pleas. If sufficient cause is not shown to the
contrary, the judgment shall stand revived for the amount that the judge finds
to remain due and unsatisfied upon it. Effective Date: 03-17-1987
An order to revive issued pursuant to section
1907.49 of the Revised Code shall
be served and returned in the time and manner required for the service of
summons in actions before a judge of a county court. Effective Date: 03-17-1987
Sections
1907.49 and
1907.50 of the Revised Code do not
prevent the revivor, in the manner prescribed by law, of judgments of judges of
county courts, transcripts of which are filed in the court of common pleas and
entered upon its execution docket. Effective Date: 03-17-1987
Effective Date: 03-17-1987
Service by publication may be made in a civil action in a
county court under the circumstances and in the manner in which service by
publication may be made in the courts of common pleas. Effective Date: 03-17-1987
(1)
Each judge of a county court may appoint
a bailiff on a full-time or part-time basis. The bailiff shall receive
compensation as prescribed by the appointing judge, and the compensation is
payable in semimonthly installments from the treasury of the county or other
authorized fund. Before entering upon the duties of the office, a bailiff shall
take an oath to faithfully perform those duties and shall give a bond of not
less than three thousand dollars, as the appointing judge prescribes,
conditioned on the faithful performance of the duties as bailiff.
(2)
The board of county commissioners may purchase motor vehicles for the use of
the bailiff that the court determines necessary to perform the duties of the
office. The board, upon approval by the court, shall pay all expenses,
maintenance, and upkeep of the vehicles from the county treasury or other
authorized fund. Any allowances, costs, and expenses for the operation of
private motor vehicles by the bailiffs for official duties, including the cost
of oil, gasoline, and maintenance, shall be prescribed by the court and subject
to the approval of the board and shall be paid from the county treasury or
other authorized fund.
(1)
In a county court district in which no
bailiff is appointed pursuant to division (A)(1) of this section, every deputy
sheriff of the county, every police officer of a municipal corporation within
the jurisdiction of the court, every member of a township or joint
police district police force,
and every police constable of a township within the county court district is ex
officio a bailiff of the court in and for the county, municipal corporation, or
township within which the deputy sheriff, police officer, police force member,
or police constable is commissioned and shall perform, in respect to cases
within that jurisdiction and without additional compensation, any duties that
are required by a judge of the court or by the clerk of the court.
(2)
At the request of a county court judge, a deputy sheriff or constable shall
attend the county court while a trial is in progress.
(1)
A bailiff and an ex officio bailiff shall
perform for the county court services similar to those performed by the sheriff
for the court of common pleas and shall perform any other duties that are
required by rule of court.
(2)
The bailiff may administer oaths to witnesses and jurors and receive verdicts
in the same manner and form and to the same extent as the clerk or deputy
clerks of the county court. The bailiff may approve all undertakings and bonds
given in actions of replevin and all redelivery bonds in attachments.
(D)
Bailiffs
and deputy bailiffs are in the unclassified civil service.
Amended by
129th General AssemblyFile
No.28, HB 153,
§101.01, eff.
9/29/2011. Effective Date: 07-01-1997
Upon the written application of the director of administrative
services or of three freeholders of the county in which a county court judge
resides, the judge may appoint one or more electors of the county as special
constables. In order to be eligible to serve as a special constable, an elector
shall hold a valid certificate issued by the Ohio peace officer training
commission. The special constables shall guard and protect the property of
this state, or the property of such freeholders and the property of this state
under lease to such freeholders, designated in general terms in the
application, from all unlawful acts, and, so far as necessary for that purpose,
a special constable has the same authority and is subject to the same
obligations as other constables. Effective Date: 12-02-1996
The judge of a county court appointing a special constable
pursuant to section
1907.54 of the Revised Code, shall
make a memorandum of the appointment upon the judge's docket. The appointment
shall continue in force for one year, unless the judge revokes it sooner. A
special constable shall be paid in full for the special constable's services by
the freeholders for whose benefit the special constable was appointed, and
shall receive no compensation except from those freeholders. If a county court judge wishes to reappoint an elector for a
successive one-year period, before the elector may be appointed the elector
shall have successfully completed a firearms requalification program approved
by the executive director of the Ohio peace officer training commission in
accordance with rules adopted by the attorney general under section
109.743 of the Revised Code.
Effective Date: 12-02-1996
No judge of a county court shall purchase any judgment upon a
docket in his possession. Effective Date: 03-17-1987
No judge of a county court shall refuse, upon lawful demand, to
deliver any docket, papers, files, or other matter to the person entitled to
them. Effective Date: 03-17-1987
Effective Date: 01-01-1958
Effective Date: 03-17-1987
1907.03 Jurisdiction in civil actions.
1907.031 Original jurisdiction.
1907.032 Jurisdiction where property not removed at expiration of campsite use agreement.
1907.04 [Repealed].
1907.041, 1907.042 Amended and Renumbered RC 1907.11, 1907.12.
1907.05 Jurisdiction concerning title to real estate.
1907.051 Amended and Renumbered RC 1907.13.
1907.052 [Repealed].
1907.06 Jurisdiction in cases of replevin - appraisals of property.
1907.061 Amended and Renumbered RC 1907.14.
1907.07 Balance not exceeding fifteen thousand dollars.
1907.071 Amended and Renumbered RC 1907.15.
1907.08 Action on bond or undertaking.
1907.081, 1907.082 Amended and Renumbered RC 1907.16, 1907.17.
1907.09 Judgment confessed for sum not exceeding fifteen thousand dollars.
1907.091 Amended and Renumbered RC 1907.19.
1907.10 Concurrent criminal jurisdiction of mayor's court.
1907.101 Amended and Renumbered RC 1907.20.
1907.11 Number of judges.
1907.111 [Repealed].
1907.12 [Repealed].
1907.121 Amended and Renumbered RC 1907.21.
1907.13 Qualifications of county court judges.
1907.131 Presiding and administrative judge.
1907.14 Oath of office.
1907.141 Amended and Renumbered RC 1907.23.
1907.15 Division of county court district.
1907.151 [Repealed].
1907.16 Compensation of county court judges.
1907.161 Group health care coverage for county court judges.
1907.17 Commissioners may provide additional compensation.
1907.171 [Repealed].
1907.18 County court judges - jurisdiction and authority.
1907.181 Order for accused to appear for fingerprinting.
1907.19 Office space and materials for court.
1907.191 [Repealed].
1907.20 Powers and duties of county court clerk.
1907.201 Appointment of employees.
1907.202 Posting notice of federal short term interest rate.
1907.21 Alphabetical index to docket.
1907.211 Amended and Renumbered RC 1907.55.
1907.22 Depositing official dockets with successor clerk.
1907.221 [Repealed].
1907.23 Receipt for official dockets of county court.
1907.231 Documentation of criminal convictions and guilty pleas to be retained in admissible form.
1907.24 Schedule of fees and costs.
1907.25 Alternative methods for collecting court costs; notice of balance due.
1907.251 Cancellation of uncollectible debts.
1907.26 Transmitting fees and costs.
1907.261 Computerizing court of paying cost of computerized legal research.
1907.262 Rules for procedures for resolution of disputes.
1907.27 Determination of witness fees.
1907.271 [Repealed].
1907.28 Jury selection.
1907.281, 1907.282 [Repealed].
1907.29 Jury trial procedure.
1907.291 [Repealed].
1907.30 Appeals.
1907.301 [Repealed].
1907.31 Application of rules of procedure.
1907.311 [Repealed].
1907.32 Arresting civil defendant.
1907.321 [Repealed].
1907.33 Attachment and garnishment actions.
1907.331 [Repealed].
1907.34 Returns showing only real estate.
1907.341 [Repealed].
1907.35 Nonresidence.
1907.351 [Repealed].
1907.36 Recovery of specific personal property prior to judgment.
1907.361 [Repealed].
1907.37 Warrant for arrest of witness.
1907.371 [Repealed].
1907.38 Punishment of witness.
1907.381 [Repealed].
1907.39 Costs of witness.
1907.391 Amended and Renumbered RC 1907.56.
1907.40 Liability of witness.
1907.401 [Repealed].
1907.41 Arbitration.
1907.411 Amended and Renumbered RC 1907.57.
1907.42 Arbitrators and proceedings.
1907.43 Award, judgment, and execution.
1907.44 Conclusiveness of judgment.
1907.45 County court judge may set aside award.
1907.46 Appeal.
1907.47 Execution - proceedings in aid of execution.
1907.48 Judge may issue executions for another judge.
1907.49 Revivor.
1907.50 Service and return.
1907.51 Cumulative remedy.
1907.511 Amended and Renumbered RC 1907.53.
1907.52 Service by publication.
1907.53 Bailiffs.
1907.54 Appointment of special constables - duties.
1907.55 Appointment of special constable.
1907.56 Prohibition against purchasing of judgment.
1907.57 Prohibition against failure to deliver official dockets and papers.
1907.99 [Repealed].
1907.991 [Repealed].