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Ohio Statutes, Title 23

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Ohio/Statutes

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Title 23, Title 23. Courts-Common Pleas

20 chapters · 607 sections in this title.

All chapters in Title 23607 Ch 2329, Chapter 2329 | Execution Against Pro…101 Ch 2307, Chapter 2307 | Civil Actions85 Ch 2305, Chapter 2305 | Jurisdiction; Limitat…79 Ch 2323, Chapter 2323 | Judgment44 Ch 2335, Chapter 2335 | Fees; Costs41 Ch 2301, Chapter 2301 | Organization40 Ch 2317, Chapter 2317 | Evidence37 Ch 2303, Chapter 2303 | Clerk of the Court of…30 Ch 2333, Chapter 2333 | Proceedings In Aid Of…26 Ch 2313, Chapter 2313 | Commissioners Of Jurors25 Ch 2311, Chapter 2311 | Trial-related Matters18 Ch 2315, Chapter 2315 | Trial Procedure18 Ch 2331, Chapter 2331 | Execution Against The…16 Ch 2337, Chapter 2337 | Uniform Foreign-money…15

607 sections·Filtered byTitle 23✕

Ohio Rev. Code Ann. § 2315.35 Diminishing compensatory damages by percentage of tortious conduct
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After the court makes its findings of fact or after the jury returns its general verdict accompanied by answers to interrogatories as described in section 2315.34 of the Revised Code, the court shall diminish the total amount of the compensatory damages that would have been recov…
Ohio Rev. Code Ann. § 2315.36 Apportionment of liability
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If contributory fault is asserted as an affirmative defense to a tort claim, if it is determined that the plaintiff was contributorily at fault and that contributory fault was a direct and proximate cause of the injury, death, or loss to person or property that is the subject of …
Ohio Rev. Code Ann. § 2317.01 Competent witnesses
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All persons are competent witnesses except those of unsound mind and children under ten years of age who appear incapable of receiving just impressions of the facts and transactions respecting which they are examined, or of relating them truly.In a hearing in an abuse, neglect, o…
Ohio Rev. Code Ann. § 2317.02 Privileged communications
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The following persons shall not testify in certain respects: (A)(1) An attorney, concerning a communication made to the attorney by a client in that relation or concerning the attorney's advice to a client, except that the attorney may testify by express consent of the client or,…

Showing 301–350 of 607

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Ohio Rev. Code Ann. § 2317.021 Extension of attorney-client privilege in case of dissolved corporation

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(A) As used in division (A) of section 2317.02 of the Revised Code:"Client" means a person, firm, partnership, corporation, or other association that, directly or through any representative, consults an attorney for the purpose of retaining the attorney or securing legal service …

Ohio Rev. Code Ann. § 2317.022 Written statement requesting release of drug or alcohol test records

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(A) As used in this section: (1) "Health care provider" has the same meaning as in section 2317.02 of the Revised Code. (2) "Drug of abuse" has the same meaning as in section 4506.01 of the Revised Code. (B) If an official criminal investigation has begun regarding a person or if…

Ohio Rev. Code Ann. § 2317.023 Privileged peer support communications

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(A) As used in this section: (1) "Corrections officer" means a person employed by a public or private place used for the confinement of a person charged with or convicted of any crime in this state or another state or under the laws of the United States or alleged or found to be …

Ohio Rev. Code Ann. § 2317.03 Cases in which a party shall not testify

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A party shall not testify when the adverse party is the guardian or trustee of an incompetent person, or of a child of a deceased person, or is an executor or administrator, or claims or defends as heir, grantee, assignee, devisee, or legatee of a deceased person except: (A) As t…

Ohio Rev. Code Ann. § 2317.04 Impartial report of proceedings privileged

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The publication of a fair and impartial report of the proceedings before state or municipal legislative bodies, or before state or municipal executive bodies, boards, or officers, or the whole or a fair synopsis of any bill, ordinance, report, resolution, bulletin, notice, petiti…

Ohio Rev. Code Ann. § 2317.05 Impartial report of indictment, warrant, affidavit, or arrest privileged

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The publication of a fair and impartial report of the return of any indictment, the issuing of any warrant, the arrest of any person accused of crime, or the filing of any affidavit, pleading, or other document in any criminal or civil cause in any court of competent jurisdiction…

Ohio Rev. Code Ann. § 2317.06 Proving testimony of absent witness

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(A) If a party or witness, after testifying orally, dies, is beyond the jurisdiction of the court, cannot be found after diligent search, is unable to testify because of any physical or mental infirmity, or has been summoned but appears to have been kept away by the adverse party…

Ohio Rev. Code Ann. § 2317.07 Examination of party

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At the instance of the adverse party, a party may be examined as if under cross-examination, orally, by way of deposition, like any other witness, by way of written interrogatories filed in the action or proceeding, or by any one or more of such methods. The party calling for suc…

Ohio Rev. Code Ann. § 2317.21 Attachment of witness who disobeys subpoena

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When a witness, except a witness who has demanded and has not been paid his traveling fees and fee for one day's attendance when a subpoena is served upon him, as authorized by the provisions of section 2317.18 of the Revised Code, fails to obey a subpoena personally served, the …

Ohio Rev. Code Ann. § 2317.22 Punishment for contempt

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Punishment for the acts of contempt specified in section 2317.20 of the Revised Code shall be as follows: When the witness fails to attend in obedience to a subpoena, the court or officer may fine him not more than fifty dollars; in other cases, not more than fifty dollars nor le…

Ohio Rev. Code Ann. § 2317.23 Disposition of fines

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A fine imposed under section 2317.22 of the Revised Code by the court shall be paid into the county treasury; that imposed by an officer shall be for the use of the party for whom the witness was subpoenaed. The witness also shall be liable to the party injured for any damages oc…

Ohio Rev. Code Ann. § 2317.24 Release of witness from imprisonment

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A witness imprisoned by an officer under section 2317.22 of the Revised Code may apply to a judge of the supreme court, court of appeals, court of common pleas, or probate court, who may discharge him if it appears that such imprisonment is illegal.

Ohio Rev. Code Ann. § 2317.25 Contents of attachment or order to commit

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Every attachment for the arrest or order to commit a witness to prison by a court or officer, pursuant to sections 2317.21 and 2317.22 of the Revised Code, must be under seal of the court or official seal of the officer, if he has one, and must particularly specify the cause of t…

Ohio Rev. Code Ann. § 2317.26 Order of commitment

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The order of commitment mentioned in section 2317.25 of the Revised Code may be directed to the sheriff or a constable of the county where the witness resides, or is at the time, and shall be executed by committing him to the jail of such county, and delivering a copy of it to th…

Ohio Rev. Code Ann. § 2317.29 May not sue or serve witness out of his county

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A witness shall not be liable to be sued, in a county in which he does not reside, by being served with a summons in such county while going, returning or attending in obedience to a subpoena.

Ohio Rev. Code Ann. § 2317.30 Oath of witness

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Before testifying, a witness shall be sworn to testify the truth, the whole truth, and nothing but the truth.

Ohio Rev. Code Ann. § 2317.36 Admissible reports

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A written report or finding of facts prepared by an expert who is not a party to the cause, nor an employee of a party, except for the purpose of making such report or finding, nor financially interested in the result of the controversy, and containing the conclusions resulting w…

Ohio Rev. Code Ann. § 2317.37 Cross-examination by adverse party

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Any person who has furnished information on which a report or finding mentioned in section 2317.36 of the Revised Code is based may be cross-examined by the adverse party, but the fact that his testimony is not obtainable shall not render the report or finding inadmissible, unles…

Ohio Rev. Code Ann. § 2317.38 Notice of intention to offer report

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The report or finding mentioned in section 2317.36 of the Revised Code is not admissible unless the party offering it has given notice to the adverse party a reasonable time before trial of his intention to offer it, together with a copy of the report or finding, or so much there…

Ohio Rev. Code Ann. § 2317.39 Report of investigations conducted by court made available to all parties

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Whenever an investigation into the facts of any case, civil or criminal, pending at the time of such investigation in any court, is made, conducted, or participated in, directly or indirectly, by any court or any department thereof, through public employees, paid private investig…

Ohio Rev. Code Ann. § 2317.40 Records as evidence

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As used in this section "business" includes every kind of business, profession, occupation, calling, or operation of institutions, whether carried on for profit or not.A record of an act, condition, or event, in so far as relevant, is competent evidence if the custodian or the pe…

Ohio Rev. Code Ann. § 2317.41 Photographic copies of records admissible as competent evidence

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"Photograph" as used in this section includes but is not limited to microphotograph, a roll or strip of film, a roll or strip of microfilm, a photostatic copy, or an optically-imaged copy.To the extent that a record would be competent evidence under section 2317.40 of the Revised…

Ohio Rev. Code Ann. § 2317.42 Reports or certified copies to be admitted

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Official reports made by officers of this state, or certified copies of the same, on a matter within the scope of their duty as defined by statute, shall, in so far as relevant, be admitted as evidence of the matters stated therein.

Ohio Rev. Code Ann. § 2317.421 Prima-facie evidence of the reasonableness of medical bills

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In an action for damages arising from personal injury or wrongful death, a written bill or statement, or any relevant portion thereof, itemized by date, type of service rendered, and charge, shall, if otherwise admissible, be prima-facie evidence of the reasonableness of any char…

Ohio Rev. Code Ann. § 2317.422 Authentication of nursing, rest, community alternative home and residential care facilities records

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(A) Notwithstanding sections 2317.40 and 2317.41 of the Revised Code but subject to division (B) of this section, the records, or copies or photographs of the records, of a hospital, homes required to be licensed pursuant to section 3721.01 of the Revised Code, and residential fa…

Ohio Rev. Code Ann. § 2317.43 Medical liability action - admissibility of certain communications

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(A) (1) In any civil action brought by an alleged victim of an unanticipated outcome of medical care or in any arbitration proceeding related to such a civil action, any and all statements, affirmations, gestures, or conduct expressing apology, sympathy, commiseration, condolence…

Ohio Rev. Code Ann. § 2317.44 Admissibility of guidelines, regulations, or standards

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(A) As used in this section: (1) "Health care provider" means any person or entity against whom a medical claim may be asserted in a civil action. (2) "Medical claim" has the same meaning as in section 2305.113 of the Revised Code. (B) Any guideline, regulation, or other standard…

Ohio Rev. Code Ann. § 2317.45 Admissibility of reimbursement policies or determinations

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(A) As used in this section: (1) "Health care provider" means any person or entity against whom a medical claim may be asserted in a civil action. (2) "Insurer" means any public or private entity doing or authorized to do any insurance business in this state. "Insurer" includes a…

Ohio Rev. Code Ann. § 2317.47 Blood tests by court order

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Whenever it is relevant in a civil or criminal action or proceeding to determine the paternity or identity of any person, the trial court on motion shall order any party to the action and any person involved in the controversy or proceeding to submit to one or more blood-grouping…

Ohio Rev. Code Ann. § 2317.48 Action for discovery

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When a person claiming to have a cause of action or a defense to an action commenced against him, without the discovery of a fact from the adverse party, is unable to file his complaint or answer, he may bring an action for discovery, setting forth in his complaint in the action …

Ohio Rev. Code Ann. § 2317.52 Cross-examination of agent or employee

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When the action or proceeding relates to a transaction or occurrence in which it has been shown or it is admitted that the adverse party acted either in whole or in part through an agent or employee, such agent or employee of the adverse party may be called as a witness and exami…

Ohio Rev. Code Ann. § 2317.54 Informed consent to surgical or medical procedure or course of procedures

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No hospital, home health agency, ambulatory surgical facility, or provider of a hospice care program, pediatric respite care program, or pediatric transition care program shall be held liable for a physician's failure to obtain an informed consent from the physician's patient pri…

Ohio Rev. Code Ann. § 2317.56 Information provided before abortion procedure

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(A) As used in this section: (1) "Medical emergency" has the same meaning as in section 2919.16 of the Revised Code. (2) "Medical necessity" means a medical condition of a pregnant woman that, in the reasonable judgment of the physician who is attending the woman, so complicates …

Ohio Rev. Code Ann. § 2317.561 View of ultrasound image of fetus prior to abortion

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In addition to the requirements in section 2317.56 of the Revised Code, if an obstetric ultrasound examination is performed at any time prior to the performance or inducement of an abortion or the physician performing or inducing the abortion determines that an ultrasound examina…

Ohio Rev. Code Ann. § 2317.62 Presenting evidence of cost of annuity in connection with any issue of recoverable future damages

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(A) As used in this section:(1) "Annuity" means an annuity that would be purchased from either of the following types of insurance companies:(a) An insurance company that the A.M. Best Company, in its most recently published rating guide of life insurance companies, has rated A o…

Ohio Rev. Code Ann. § 2319.01 Methods of taking testimony

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The testimony of witnesses may be taken:(A) By affidavit;(B) By deposition;(C) By oral examination.

Ohio Rev. Code Ann. § 2319.02 Affidavit, deposition, oral testimony defined

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An affidavit is a written declaration under oath, made without notice to the adverse party. A deposition is a written declaration under oath, made upon notice to the adverse party. Oral testimony is that delivered from the lips of the witness.

Ohio Rev. Code Ann. § 2319.03 Use of affidavit

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An affidavit may be used to verify a pleading, to prove the service of the summons, notice, or other process in an action; or to obtain a provisional remedy, an examination of a witness, a stay of proceedings, or upon a motion, and in any other case permitted by law.

Ohio Rev. Code Ann. § 2319.04 Before whom affidavit may be made

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An affidavit may be made in or out of this state before any person authorized to take depositions, and unless it is a verification of a pleading it must be authenticated in the same way as a deposition.Such affidavit may be made before any person authorized to administer oaths wh…

Ohio Rev. Code Ann. § 2319.08 Deposition in foreign suit

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Depositions may be taken when the testimony is required in an action, cause, or matter pending before any court or authority outside this state.

Ohio Rev. Code Ann. § 2319.09 Uniform Interstate Depositions and Discovery Act

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(A) This section may be cited as the "Uniform Interstate Depositions and Discovery Act."(B) As used in this section:(1) "Foreign jurisdiction" means a state other than Ohio.(2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdicti…

Ohio Rev. Code Ann. § 2319.11 Officers authorized to take depositions for use outside of state

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Depositions taken in and to be used in this state must be taken by an officer or person whose authority is derived within the state; but, if for use elsewhere, they may be taken before a commissioner or officer who derives his authority from the state, district, or territory in w…

Ohio Rev. Code Ann. § 2319.27 Fees for taking depositions - lien

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Except as section 147.08 of the Revised Code governs the fees chargeable by a notary public for services rendered in connection with depositions, the fees and expenses chargeable for the taking and certifying of a deposition by a person who is authorized to do so in this state, i…

Ohio Rev. Code Ann. § 2321.01 Appellate review without motion for new trial

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A motion for a new trial is not necessary as a prerequisite to obtain appellate review of the sufficiency or weight of the evidence submitted to the trial court where such evidence to be considered appears as a part of the record filed in the appellate court.This section applies …

Ohio Rev. Code Ann. § 2321.04 Stating objection

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The objection made in the trial court with the ruling thereon must be stated, with the facts, or so much of the evidence as is necessary to explain it, and no more, and the whole as briefly as possible.

Ohio Rev. Code Ann. § 2321.18 New trial or reversal granted only once

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The same trial court shall not grant more than one new trial on the weight of the evidence against the same party in the same case, nor shall the same court grant more than one judgment of reversal on the weight of the evidence against the same party in the same case.