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Ohio Laws and Rules
Chapter 2701: COURTS OF RECORD - GENERAL PROVISIONS
Effective Date: 03-17-1987
When submitted to a court on motion, demurrer, or motion for
new trial, or when submitted to a court on appeal on questions of law or on
final trial on the issues joined, a cause begun in a court of record shall be
determined and adjudicated within thirty days after such submission. This section applies to causes sent to a referee or special
master, and to motions affecting the confirmation, modification, or vacation of
a report thereof. This section does not affect, alter, or change the rules of
the supreme court. Effective Date: 10-01-1953
(A)
If a judge
of the court of common pleas allegedly is interested in a proceeding pending
before the court, allegedly is related to or has a bias or prejudice for or
against a party to a proceeding pending before the court or a party's counsel,
or allegedly otherwise is disqualified to preside in a proceeding pending
before the court, any party to the proceeding or the party's counsel may file
an affidavit of disqualification with the clerk of the supreme court in
accordance with division (B) of this section.
(B)
An affidavit of disqualification filed
under section
2101.39 or
2501.13 of the Revised Code or
division (A) of this section shall be filed with the clerk of the supreme court
not less than seven calendar days before the day on which the next hearing in
the proceeding is scheduled and shall include all of the following: (1)
The specific allegations on which the
claim of interest, bias, prejudice, or disqualification is based and the facts
to support each of those allegations or, in relation to an affidavit filed
against a judge of a court of appeals, a specific allegation that the judge
presided in the lower court in the same proceeding and the facts to support
that allegation;
(2)
The jurat of
a notary public or another person authorized to administer oaths or
affirmations;
(3)
A certificate
indicating that a copy of the affidavit has been served on the probate judge,
judge of a court of appeals, or judge of a court of common pleas against whom
the affidavit is filed and on all other parties or their counsel;
(4)
The date of the next scheduled hearing in
the proceeding or, if there is no hearing scheduled, a statement that there is
no hearing scheduled.
(C) (1)
Except as provided in division (C)(2) of this section, when an affidavit of
disqualification is presented to the clerk of the supreme court for filing
under division (B) of this section, all of the following apply: (a)
The clerk of the supreme court shall
accept the affidavit for filing and shall forward the affidavit to the chief
justice of the supreme court.
(b)
The supreme court shall send notice of the filing of the affidavit to the
probate court served by the judge if the affidavit is filed against a probate
court judge, to the clerk of the court of appeals served by the judge if the
affidavit is filed against a judge of a court of appeals, or to the clerk of
the court of common pleas served by the judge if the affidavit is filed against
a judge of a court of common pleas.
(c)
Upon receipt of the notice under division
(C)(1)(b) of this section, the probate court, the clerk of the court of
appeals, or the clerk of the court of common pleas shall enter the fact of the
filing of the affidavit on the docket of the probate court, the docket of the
court of appeals, or the docket in the proceeding in the court of common pleas.
(2)
The clerk of the
supreme court shall not accept an affidavit of disqualification presented for
filing under division (B) of this section if it is not timely presented for
filing or does not satisfy the requirements of divisions (B)(2), (3), and (4)
of this section.
(D) (1)
Except as provided in divisions (D)(2) to
(4) of this section, if the clerk of the supreme court accepts an affidavit of
disqualification for filing under divisions (B) and (C) of this section, the
affidavit deprives the judge against whom the affidavit was filed of any
authority to preside in the proceeding until the chief justice of the supreme
court, or a justice of the supreme court designated by the chief justice, rules
on the affidavit pursuant to division (E) of this section.
(2)
A judge against whom an affidavit of
disqualification has been filed under divisions (B) and (C) of this section may
do any of the following that is applicable: (a)
If, based on the scheduled hearing date,
the affidavit was not timely filed, the judge may preside in the proceeding.
(b)
If the proceeding is a
domestic relations proceeding, the judge may issue any temporary order relating
to spousal support pendente lite and the support, maintenance, and allocation
of parental rights and responsibilities for the care of children.
(c)
If the proceeding pertains to a complaint
brought pursuant to Chapter 2151. or 2152. of the Revised Code, the judge may
issue any temporary order pertaining to the relation and conduct of any other
person toward a child who is the subject of a complaint as the interest and
welfare of the child may require.
(3)
A judge against whom an affidavit of
disqualification has been filed under divisions (B) and (C) of this section may
determine a matter that does not affect a substantive right of any of the
parties.
(4)
If the clerk of the
supreme court accepts an affidavit of disqualification for filing under
divisions (B) and (C) of this section, if the chief justice of the supreme
court, or a justice of the supreme court designated by the chief justice,
denies the affidavit of disqualification pursuant to division (E) of this
section, and if, after the denial, a second or subsequent affidavit of
disqualification regarding the same judge and the same proceeding is filed by
the same party who filed or on whose behalf was filed the affidavit that was
denied or by counsel for the same party who filed or on whose behalf was filed
the affidavit that was denied, the judge against whom the second or subsequent
affidavit is filed may preside in the proceeding prior to the ruling of the
chief justice of the supreme court, or a justice designated by the chief
justice, on the second or subsequent affidavit.
(E)
If the clerk of the supreme court accepts
an affidavit of disqualification for filing under divisions (B) and (C) of this
section and if the chief justice of the supreme court, or any justice of the
supreme court designated by the chief justice, determines that the interest,
bias, prejudice, or disqualification alleged in the affidavit does not exist,
the chief justice or the designated justice shall issue an entry denying the
affidavit of disqualification. If the chief justice of the supreme court, or
any justice of the supreme court designated by the chief justice, determines
that the interest, bias, prejudice, or disqualification alleged in the
affidavit exists, the chief justice or the designated justice shall issue an
entry that disqualifies that judge from presiding in the proceeding and either
order that the proceeding be assigned to another judge of the court of which
the disqualified judge is a member, to a judge of another court, or to a
retired judge.
Effective Date: 01-01-2002
(A)
If
a judge of a municipal or county court allegedly is interested in a proceeding
pending before the judge, allegedly is related to or has a bias or prejudice
for or against a party to a proceeding pending before the judge or to a party's
counsel, or allegedly otherwise is disqualified to preside in a proceeding
pending before the judge, any party to the proceeding or the party's counsel
may file an affidavit of disqualification with the clerk of the court in which
the proceeding is pending.
(B)
An
affidavit of disqualification shall be filed under this section with the clerk
of the court in which the proceeding is pending not less than seven calendar
days before the day on which the next hearing in the proceeding is scheduled
and shall include all of the following: (1)
The specific allegations on which the claim of interest, bias, prejudice, or
disqualification is based and the facts to support each of those allegations;
(2)
The jurat of a notary public
or another person authorized to administer oaths or affirmations;
(3)
A certificate indicating that a copy of
the affidavit has been served on the judge of the municipal or county court
against whom the affidavit is filed and on all other parties or their counsel;
(4)
The date of the next scheduled
hearing in the proceeding or, if there is no hearing scheduled, a statement
that there is no hearing scheduled.
(C) (1)
Except as provided in division (C)(2) of this section, when an affidavit of
disqualification is presented to the clerk of a municipal or county court for
filing under division (B) of this section, the clerk shall enter the fact of
the filing on the docket in that proceeding and shall provide notice of the
filing of the affidavit to one of the following: (a)
The presiding judge of the court of
common pleas of the county;
(b)
If
there is no presiding judge of the court of common pleas of the county, a judge
of the court of common pleas of the county.
(2)
The clerk of the municipal or county
court in which a proceeding is pending shall not accept an affidavit of
disqualification presented for filing under division (B) of this section if it
is not timely presented for filing or does not satisfy the requirements of
divisions (B)(2), (3), and (4) of this section.
(D) (1)
Except as provided in divisions (D)(2) to (4) of this section, if the clerk of
the municipal or county court in which a proceeding is pending accepts an
affidavit of disqualification for filing under divisions (B) and (C) of this
section, the affidavit deprives the judge of a municipal or county court
against whom the affidavit was filed of any authority to preside in the
proceeding until the judge who was notified pursuant to division (C)(1) of this
section rules on the affidavit pursuant to division (E) of this section.
(2)
A judge of a municipal or
county court against whom an affidavit of disqualification has been filed under
divisions (B) and (C) of this section may preside in the proceeding if, based
on the scheduled hearing date, the affidavit was not timely filed.
(3)
A judge of a municipal or county court
against whom an affidavit of disqualification has been filed under divisions
(B) and (C) of this section may determine a matter that does not affect a
substantive right of any of the parties.
(4)
If the clerk of a municipal or county
court accepts an affidavit of disqualification for filing under divisions (B)
and (C) of this section, if the judge who is notified pursuant to division
(C)(1) of this section of the filing of the affidavit of disqualification
denies the affidavit pursuant to division (E) of this section, and if, after
the denial, a second or subsequent affidavit of disqualification regarding the
same judge and the same proceeding is filed by the same party who filed or on
whose behalf was filed the affidavit that was denied or by counsel for the same
party who filed or on whose behalf was filed the affidavit that was denied, the
judge of a municipal or county court against whom the second or subsequent
affidavit is filed may preside in the proceeding prior to the ruling, by the
judge who is notified pursuant to division (C)(1) of this section, on the
second or subsequent affidavit pursuant to division (E) of this section.
(E)
If the clerk of a
municipal or county court accepts an affidavit of disqualification for filing
under division (B) and (C) of this section and if the judge who is notified
pursuant to division (C)(1) of this section of the filing of the affidavit
determines that the interest, bias, prejudice, or disqualification alleged in
the affidavit does not exist, the judge who is so notified shall issue an entry
denying the affidavit of disqualification. If the judge who is notified
pursuant to division (C)(1) of this section of the filing of the affidavit
determines that the interest, bias, prejudice, or disqualification alleged in
the affidavit exists, the judge who is so notified shall issue an entry that
disqualifies the judge against whom the affidavit was filed from presiding in
the proceeding and designate another judge of the municipal or county court, or
of the court of common pleas, to preside in the proceeding in place of the
disqualified judge.
Effective Date: 11-20-1996
If a judge of the supreme court removes his residence from this
state, or a judge of the court of appeals from his district, or a judge of the
court of common pleas from his county, he is deemed to have resigned and
vacated his office. Thereupon the governor shall fill such vacancy.
Effective Date: 10-01-1953
Each commission issued by the governor to a judge of the
supreme court, upon the demand of such person, shall be delivered to him by the
secretary of state. On or before the first day of his official term under such
commission, the person to whom it is issued shall appear before the supreme
court, or before a judge thereof if the court is not in session, and take the
oath required by Section 7 of Article XV, Ohio Constitution and sections
3.22 and
3.23 of the
Revised Code. The taking of such oath shall be shown by entry upon the journal
of the supreme court. Effective Date: 10-01-1953
The secretary of state shall transmit each commission issued by
the governor to a judge of the court of appeals or a judge of the court of
common pleas , to the clerk of the court of common pleas of the county in which
that judge resides. The clerk shall receive the commission and forthwith
transmit it to the person entitled to it. The person shall take the oath as
provided in Section 7 of Article XV, Ohio Constitution and sections
3.22 and
3.23 of the
Revised Code. Effective Date:
10-01-1953; 2006 HB699 03-29-2007 When, in the opinion of the court, the business thereof so
requires, each court of common pleas, court of appeals, and, in counties having
at the last or any future federal census more than seventy thousand
inhabitants, the probate court, may appoint one or more constables to preserve
order, attend the assignment of cases in counties where more than two judges of
the court of common pleas regularly hold court at the same time, and discharge
such other duties as the court requires. When so directed by the court, each
constable has the same powers as sheriffs to call and impanel jurors, except in
capital cases. Effective Date: 10-01-1953
Each constable appointed under section
2701.07 of the Revised Code shall
receive the compensation fixed by the judge or judges of the court making the
appointment, to be paid monthly from the county treasury upon warrant of the
county auditor. In counties where only one judge holds court, the constable,
when not attending the court of common pleas, shall upon order of the judge of
such court of common pleas, and without additional compensation, attend the
probate court and the court of appeals of such county. Effective Date: 09-24-1963
In any county in which a daily law journal is printed, the
judges of the courts of record, other than the court of appeals, shall jointly
designate such daily law journal as the journal in which shall be published all
calendars of the courts of record in such county, which calendars shall contain
the numbers and titles of causes, and names of attorneys appearing therein,
together with the motion dockets and such particulars and notices respecting
causes, as may be specified by the judges, and each notice required to be
published by any of such judges. In all cases, proceedings, administrations of estates,
assignments, and matters pending in any of the courts of record of such
counties in which legal notices or advertisements are required to be published,
such law journal shall, once a week and on the same day of the week, publish an
abstract of each such legal advertisement, but the jurisdiction over, or
irregularity of, a proceeding, trial, or judgment shall not be affected by
anything therein. For the publication of such calendars, motion dockets, and
notices, the fees for which are not fixed by law, the publisher of the paper
shall receive a sum to be fixed by the judges for each case brought, to be paid
in advance by the party filing the petition, transcripts for appeal, or lien,
to be taxed in the costs and collected as other costs. For the publication of
abstracts of legal advertising such publisher shall receive a sum to be fixed
by the judges for each case, proceeding, or matter, in which such advertising
is had, to be taxed and collected as a part of the costs thereof.
Effective Date: 10-29-1975
(A)
Any voluntarily retired judge, or any judge who is retired under Section 6 of
Article IV, Ohio Constitution, may register with the clerk of any court of
common pleas, municipal court, or county court for the purpose of receiving
referrals for adjudication of civil actions or proceedings, and submissions for
determination of specific issues or questions of fact or law in any civil
action or proceeding, pending in the court. There is no limitation upon the
number, type, or location of courts with which a retired judge may register
under this division. Upon registration with the clerk of any court under this
division, the retired judge is eligible to receive referrals and submissions
from that court, in accordance with this section. Each court of common pleas,
municipal court, and county court shall maintain an index of all retired judges
who have registered with the clerk of that court pursuant to this division and
shall make the index available to any person, upon request.
(B) (1)
The
parties to any civil action or proceeding pending in any court of common pleas,
municipal court, or county court unanimously may choose to have the action or
proceeding in its entirety referred for adjudication, or to have any specific
issue or question of fact or law in the action or proceeding submitted for
determination, to a judge of their choosing who has registered with the clerk
of that court in accordance with division (A) of this section. If the parties unanimously do choose to have a referral or
submission made to a retired judge pursuant to this section, all of the parties
to the action or proceeding shall enter into a written agreement with the
retired judge that does all of the following: (a)
Designates the retired judge to whom the
referral or submission is to be made;
(b)
If a submission is to be made, describes
in detail the specific issue or question to be submitted;
(c)
Indicates either of the following: (i)
That the action or proceeding in its
entirety is to be referred to, and is to be tried, determined, and adjudicated
by that retired judge;
(ii)
Indicates that the issue or question is to be submitted, and is to be tried and
determined by that retired judge.
(d)
Indicates that the parties will assume
the responsibility for providing facilities, equipment, and personnel
reasonably needed by the retired judge during his consideration of the action
or proceeding and will pay all costs arising out of the provision of the
facilities, equipment, and personnel;
(e)
Identifies an amount of compensation to
be paid by the parties to the retired judge for his services and the manner of
payment of the compensation.
(2)
In any case described in division (B)(1)
of this section, the agreement shall be filed with the clerk of the court or
the judge before whom the action or proceeding is pending. Upon the filing of
the agreement, the judge before whom the action or proceeding is pending, by
journal entry, shall order the referral or submission in accordance with the
agreement. No referral or submission shall be made to a retired judge under
this section, unless the parties to the action or proceeding unanimously choose
to have the referral or submission made, enter into an agreement of the type
described in division (B)(1) of this section with the retired judge, and file
the agreement in accordance with this division.
(C)
Upon the entry of an order of referral or
submission in accordance with division (B)(2) of this section, the retired
judge to whom the referral or submission is made, relative to the action or
proceeding referred or the issue or question submitted, shall have all of the
powers, duties, and authority of an active judge of the court in which the
action or proceeding is pending. The court in which the action or proceeding is
pending is not required to provide the retired judge with court or other
facilities, equipment, or personnel during his consideration of the action,
proceeding, issue, or question. The retired judge shall not receive any
compensation, other than that agreed to by the parties and the retired judge,
for his services during his consideration of the action, proceeding, issue, or
question.
(D)
A retired judge to
whom a referral is made under this section shall try all of the issues in the
action or proceeding, shall prepare relevant findings of fact and conclusions
of law, and shall enter a judgment in the action or proceeding in the same
manner as if he were an active judge of the court. A retired judge to whom a
submission is made under this section shall try the specific issue or question
submitted, shall prepare relevant findings of fact or conclusions of law, shall
make a determination on the issue or question submitted, and shall file the
findings, conclusions, and determination with the clerk of the court in which
the action or proceeding is pending. Any judgment entered, and any finding of
fact, conclusion of law, or determination of an issue or question made, by a
retired judge in accordance with this section shall have the same force and
effect as if it had been entered or made by an active judge of the court, and
any appeal from the judgment, finding, conclusion, or determination shall be
made as if the judgment had been entered, or the finding, conclusion, or
determination had been made, by an active judge of the court.
(E)
Any judge who registers with any court in
accordance with division (A) of this section may have his name removed from the
index of registered retired judges maintained by that court at any time after
the registration. On and after the date of removal of the name of a retired
judge from the index of a court, the retired judge is not eligible under this
section to receive referrals or submissions from that court.
(F)
This section does not affect, and shall
not be construed as affecting, the provisions of section
141.16 of the Revised Code. This
section does not apply to any action or proceeding pending in a small claims
division of a municipal court or county court.
Effective Date: 09-26-1984
Subject to rules implementing this section and section
2701.12 of the Revised Code that
shall be promulgated by the supreme court, upon written and sworn complaint
setting forth the cause or causes and after reasonable notice thereof and an
opportunity to be heard, any judge may be retired for disability, removed for
cause, or suspended, without pay, for cause by a commission composed of five
judges of this state, all of whom shall be appointed by the supreme court from
among judges of the courts of record located within the territorial
jurisdiction in each of any five of the appellate districts, not including that
within which the respondent judge resides. Such a commission shall be appointed by the supreme court upon
receipt of a report of its board of commissioners on grievances and discipline
that such board has received a written and sworn complaint alleging that cause
exists for retirement, removal, or suspension of a judge under section
2701.12 of the Revised Code, and
that upon investigation and a finding by at least two-thirds of the members of
such board that there is substantial credible evidence in support of such
complaint. Any judge so retired, removed, or suspended may appeal, on the
record made before the commission, from the commission's action to the supreme
court. The commission, the court, or a judge of the court may stay execution of
an order pending disposition of an appeal. The court may affirm, reverse, or
modify the order of the commission. Members of the commission shall be reimbursed from the state
treasury for their actual and necessary expenses in connection with their
service on the commission. The administrative director of the supreme court shall be the
secretary of each commission appointed to consider retirement, removal, or
suspension of a judge. The secretary shall certify each order of a commission
which commands the retirement, removal, or suspension of a judge to the
governor, the chief justice of the supreme court, and the officer required by
law to draw warrants for payment of the salary of such judge. Upon the request of any such commission, the attorney general
shall assist in the performance of its duties. Effective Date: 04-04-1985
(A)
Cause for
removal or suspension of a judge from office without pay under section
2701.11 of the Revised Code exists
when he has, since first elected or appointed to judicial office: (1)
Engaged in any misconduct involving moral
turpitude, or a violation of such of the canons of judicial ethics adopted by
the supreme court as would result in a substantial loss of public respect for
the office;
(2)
Been convicted of
a crime involving moral turpitude; or
(3)
Been disbarred or suspended for an
indefinite period from the practice of law for misconduct occurring before such
election or appointment.
(B)
Grounds for retirement of a judge from
office for disability exist when he has a permanent physical or mental
disability which prevents the proper discharge of the duties of his office.
(C)
Grounds for suspension without
pay of a judge from office for disability exist when he has a physical or
mental disability which will prevent the proper discharge of the duties of his
office for an indefinite time.
Effective Date: 10-30-1965
No person shall be ordered by a court to submit to an abortion.
Effective Date: 09-16-1974
A mistake, neglect, or omission of the clerk of a court is not
a ground of error until it has been presented and acted upon in the court in
which the mistake, neglect, or omission occurred. Effective Date: 03-17-1987
Rendering judgment before the action stood for trial according
to Title XIX [19], XXI [21], XXIII [23], XXV [25], XXVII [27], or XXIX [29] of
the Revised Code and any rules applicable to a court shall be deemed a clerical
error. Effective Date: 03-17-1987
When the party against whom a judgment is rendered appeals his
cause, the lien of the opposite party on the real estate of the appellant that
was created by the judgment, shall not be removed or vacated. The real estate
shall be bound in the same manner as if the appeal had not been taken, until
final determination of the cause. Effective Date: 03-17-1987
(A)
Notwithstanding any other provision of the Revised Code, if a person presents a
document to the clerk of a court of record for filing or for docketing and
indexing, the clerk may refuse to accept the document for filing or refuse to
docket and index the document if the document is not required or authorized to
be filed or to be docketed and indexed with the clerk or the clerk has
reasonable cause to believe the document is materially false or fraudulent.
This division does not create a duty upon the clerk to inspect, evaluate, or
investigate a document that is presented for filing or for docketing and
indexing.
(B)
If the clerk of a
court of record, pursuant to division (A) of this section, refuses to accept a
document for filing or refuses to docket and index a document, the person who
presented the document to the clerk may commence an action in or apply for an
order from the court that the clerk serves to require the clerk to accept the
document for filing or to docket and index the document. If the court
determines that the document is appropriate for filing or for docketing and
indexing, it shall order the clerk to accept the document for that purpose.
(C)
If the clerk of a court of
record, acting under this section in a manner that is not described in division
(A)(6)(b) of section
2744.03 of the Revised Code,
improperly refuses to accept a document for filing or refuses to docket and
index a document, the clerk shall not be personally liable on account of the
improper refusal and the surety that issued the bond shall not have a right of
subrogation against the clerk on account of a claim made on the clerk's bond as
a result of the improper refusal.
Effective Date: 11-06-1996
2701.02 Courts must render decisions within time limit.
2701.03 Disqualification of common pleas judge - affidavit.
2701.031 Disqualification of municipal or county court judge - affidavit.
2701.04 Removal of residence of judge.
2701.05 Commission to judge of the supreme court.
2701.06 Transmitting commission.
2701.07 Court constables - duties.
2701.08 Court constables - compensation.
2701.09 Publication of court calendar.
2701.10 Referrals for adjudication of civil actions or proceedings to retired judges.
2701.11 Rules for retirement for disability, removal and suspension for cause of judges.
2701.12 Removal, suspension or retirement of judge.
2701.15 Court may not order abortion.
2701.17 Misprision of clerk.
2701.18 Premature judgment deemed clerical error.
2701.19 Lien of judgment on appeal.
2701.20 Clerk's refusal of documents materially false or fraudulent.