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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
,
2501.13, 2701.031, or 2743.041 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, judge of a court of common pleas, judge of a municipal or county court, or judge of the
court of claims 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.
(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,
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, to the clerk of the municipal or
county court served by the judge if the affidavit is filed against a judge of a
municipal or county court, or to the clerk of the court of claims if the
affidavit is filed against a judge of the court of claims.
(c)
Upon receipt of the notice under division (C)(1)(b) of this section, the
probate court, the clerk of the court of appeals, the clerk of the court of common pleas, the clerk of the municipal or county court, or the clerk
of the court of claims shall enter the fact of the filing of the
affidavit on the docket of the probate court, the docket of the court of
appeals, the docket in the proceeding
in the court of common pleas, the docket of the
proceeding in the municipal or county court, or the docket of the proceeding in
the court of claims.
(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.
(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
pursuant to the court's random assignment
process, to a judge of another court, or to a retired judge.
Amended by
130th General Assembly File No.
TBD, HB 261, §1, eff.
7/10/2014. Effective Date: 01-01-2002
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 supreme
court . The affidavit of disqualification
shall be filed and decided in accordance with divisions (B) to (E) of section
2701.03 of the Revised Code, and, upon the filing of the affidavit, the
provisions of those divisions apply to the affidavit, the proceeding, the
judge, and the parties to the proceeding. Amended by
130th General Assembly File No.
TBD, HB 261, §1, eff.
7/10/2014. 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.
(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.
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.