As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 507 5
1997-1998 6
REPRESENTATIVES BATEMAN-GARDNER-HAINES-CATES-CAREY-BRITTON- 8
REID-GARCIA-KREBS-METELSKY-PADGETT-BRADING-OGG-O'BRIEN- 9
BUCHY-VESPER-NETZLEY-WILLIAMS-OPFER-SUTTON-CALLENDER- 10
HARTLEY-WOMER BENJAMIN-MASON-JONES-COUGHLIN-TIBERI- 11
KASPUTIS-JOHNSON-GRENDELL-SALERNO-MYERS-THOMAS-WINKLER- 12
WISE-HARRIS-AMSTUTZ-TERWILLEGER-SENATOR HERINGTON 13
15
A B I L L
To amend sections 1901.08, 1901.26, 1925.02, 17
1925.04, 1925.13, 2303.201, and 2501.16 and to 18
repeal section 1925.08 of the Revised Code to
repeal the limitation that persons generally 19
cannot file more than twenty-four claims in the 21
small claims division of any municipal or county 22
court within any calendar year, to repeal the 24
limitation on the amount of the filing fee a 25
small claims division may charge for commencing a 26
civil action, to expand the special projects for
which a municipal court may charge an additional 27
filing fee on the filing of each criminal cause,
civil action or proceeding, or judgment on the 28
case, to permit a court of common pleas to charge 30
an additional filing fee on the filing of each
criminal cause, civil action or proceeding, or 31
judgment by confession to acquire and pay for
special projects of the court, to permit a court 32
of appeals to charge an additional filing fee on 33
the filing of each case or cause over which the
court has jurisdiction to acquire and pay for 34
special projects of the court, and to change the 35
status of the judge of the Washington Court House 36
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Municipal Court from part-time to full-time. 37
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 39
Section 1. That sections 1901.08, 1901.26, 1925.02, 41
1925.04, 1925.13, 2303.201, and 2501.16 of the Revised Code be 42
amended to read as follows: 43
Sec. 1901.08. The number of, and the time for election of, 52
judges of the following municipal courts and the beginning of 53
their terms shall be as follows: 54
In the Akron municipal court, two full-time judges shall be 56
elected in 1951, two full-time judges shall be elected in 1953, 57
one full-time judge shall be elected in 1967, and one full-time 58
judge shall be elected in 1975. 59
In the Alliance municipal court, one full-time judge shall 61
be elected in 1953. 62
In the Ashland municipal court, one full-time judge shall 64
be elected in 1951. 65
In the Ashtabula municipal court, one full-time judge shall 67
be elected in 1953. 68
In the Athens county municipal court, one full-time judge 70
shall be elected in 1967. 71
In the Auglaize county municipal court, one full-time judge 73
shall be elected in 1975. 74
In the Avon Lake municipal court, one part-time judge shall 76
be elected in 1957. 77
In the Barberton municipal court, one full-time judge shall 79
be elected in 1969, and one full-time judge shall be elected in 80
1971. 81
In the Bedford municipal court, one full-time judge shall 83
be elected in 1975, and one full-time judge shall be elected in 84
1979. 85
In the Bellefontaine municipal court, one full-time judge 87
shall be elected in 1993. 88
In the Bellevue municipal court, one part-time judge shall 90
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be elected in 1951. 91
In the Berea municipal court, one part-time judge shall be 93
elected in 1957, term to commence on the first day of January 94
next after election, and one part-time judge shall be elected in 96
1981, term to commence on the second day of January next after 97
election. The part-time judge elected in 1987 whose term 98
commenced on January 1, 1988, shall serve until December 31,
1993, and the office of that judge is abolished, effective on the 99
earlier of December 31, 1993, or the date on which that judge 100
resigns, retires, or otherwise vacates judicial office. 101
In the Bowling Green municipal court, one full-time judge 103
shall be elected in 1983. 104
In the Bryan municipal court, one full-time judge shall be 106
elected in 1965. 107
In the Cambridge municipal court, one full-time judge shall 109
be elected in 1951. 110
In the Campbell municipal court, one part-time judge shall 112
be elected in 1963. 113
In the Canton municipal court, one full-time judge shall be 115
elected in 1951, one full-time judge shall be elected in 1969, 116
and two full-time judges shall be elected in 1977. 117
In the Celina municipal court, one full-time judge shall be 119
elected in 1957. 120
In the Champaign county municipal court, one part-time 122
judge shall be elected in 1983. 123
In the Chardon municipal court, one part-time judge shall 125
be elected in 1963. 126
In the Chillicothe municipal court, one full-time judge 128
shall be elected in 1951, and one full-time judge shall be 129
elected in 1977. 130
In the Circleville municipal court, one full-time judge 132
shall be elected in 1953. 133
In the Clark county municipal court, one full-time judge 135
shall be elected in 1989, and two full-time judges shall be 136
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elected in 1991. The full-time judges of the Springfield 137
municipal court who were elected in 1983 and 1985 shall serve as 138
the judges of the Clark county municipal court from January 1, 139
1988, until the end of their respective terms. 140
In the Clermont county municipal court, two full-time 142
judges shall be elected in 1991. 143
In the Cleveland municipal court, six full-time judges 145
shall be elected in 1975, three full-time judges shall be elected 146
in 1953, and four full-time judges shall be elected in 1955. 147
In the Cleveland Heights municipal court, one full-time 149
judge shall be elected in 1957. 150
In the Clinton county municipal court, one full-time judge 152
shall be elected in 1997. The full-time judge of the Wilmington 153
municipal court who was elected in 1991 shall serve as the judge 154
of the Clinton county municipal court from July 1, 1992, until 155
the end of that judge's term on December 31, 1997. 156
In the Conneaut municipal court, one full-time judge shall 158
be elected in 1953. 159
In the Coshocton municipal court, one full-time judge shall 161
be elected in 1951. 162
In the Crawford county municipal court, one full-time judge 164
shall be elected in 1977. 165
In the Cuyahoga Falls municipal court, one full-time judge 167
shall be elected in 1953, and one full-time judge shall be 168
elected in 1967. 169
In the Dayton municipal court, three full-time judges shall 171
be elected in 1987, their terms to commence on successive days 172
beginning on the first day of January next after their election, 173
and two full-time judges shall be elected in 1955, their terms to 174
commence on successive days beginning on the second day of 175
January next after their election. 176
In the Defiance municipal court, one full-time judge shall 178
be elected in 1957. 179
In the Delaware municipal court, one full-time judge shall 181
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be elected in 1953. 182
In the East Cleveland municipal court, one full-time judge 184
shall be elected in 1957. 185
In the East Liverpool municipal court, one full-time judge 187
shall be elected in 1953. 188
In the Eaton municipal court, one full-time judge shall be 190
elected in 1973. 191
In the Elyria municipal court, one full-time judge shall be 193
elected in 1955, and one full-time judge shall be elected in 194
1973. 195
In the Euclid municipal court, one full-time judge shall be 197
elected in 1951. 198
In the Fairborn municipal court, one full-time judge shall 200
be elected in 1977. 201
In the Fairfield municipal court, one full-time judge shall 203
be elected in 1989. 204
In the Findlay municipal court, one full-time judge shall 206
be elected in 1955, and one full-time judge shall be elected in 207
1993. 208
In the Fostoria municipal court, one full-time judge shall 210
be elected in 1975. 211
In the Franklin municipal court, one part-time judge shall 213
be elected in 1951. 214
In the Franklin county municipal court, two full-time 216
judges shall be elected in 1969, three full-time judges shall be 217
elected in 1971, seven full-time judges shall be elected in 1967, 218
one full-time judge shall be elected in 1975, one full-time judge 220
shall be elected in 1991, and one full-time judge shall be
elected in 1997. 221
In the Fremont municipal court, one full-time judge shall 223
be elected in 1975. 224
In the Gallipolis municipal court, one full-time judge 226
shall be elected in 1981. 227
In the Garfield Heights municipal court, one full-time 229
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judge shall be elected in 1951, and one full-time judge shall be 230
elected in 1981. 231
In the Girard municipal court, one full-time judge shall be 233
elected in 1963. 234
In the Hamilton municipal court, one full-time judge shall 236
be elected in 1953. 237
In the Hamilton county municipal court, five full-time 239
judges shall be elected in 1967, five full-time judges shall be 240
elected in 1971, two full-time judges shall be elected in 1981, 241
and two full-time judges shall be elected in 1983. All terms of 242
judges of the Hamilton county municipal court shall commence on 243
the first day of January next after their election, except that 244
the terms of the additional judges to be elected in 1981 shall 245
commence on January 2, 1982, and January 3, 1982, and that the 246
terms of the additional judges to be elected in 1983 shall 247
commence on January 4, 1984, and January 5, 1984. 248
In the Hardin county municipal court, one part-time judge 250
shall be elected in 1989. 251
In the Hillsboro municipal court, one part-time judge shall 253
be elected in 1957. 254
In the Hocking county municipal court, one full-time judge 256
shall be elected in 1977. 257
In the Huron municipal court, one part-time judge shall be 259
elected in 1967. 260
In the Ironton municipal court, one full-time judge shall 262
be elected in 1951. 263
In the Jackson county municipal court, one full-time judge 265
shall be elected in 2001. On and after March 31, 1997, the 267
part-time judge of the Jackson county municipal court who was 268
elected in 1995 shall serve as a full-time judge of the court 269
until the end of that judge's term on December 31, 2001. 270
In the Kettering municipal court, one full-time judge shall 272
be elected in 1971, and one full-time judge shall be elected in 273
1975. 274
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In the Lakewood municipal court, one full-time judge shall 276
be elected in 1955. 277
In the Lancaster municipal court, one full-time judge shall 279
be elected in 1951, and one full-time judge shall be elected in 280
1979. 281
In the Lawrence county municipal court, one part-time judge 283
shall be elected in 1981. 284
In the Lebanon municipal court, one part-time judge shall 286
be elected in 1955. 287
In the Licking county municipal court, one full-time judge 289
shall be elected in 1951, and one full-time judge shall be 290
elected in 1971. 291
In the Lima municipal court, one full-time judge shall be 293
elected in 1951, and one full-time judge shall be elected in 294
1967. 295
In the Lorain municipal court, one full-time judge shall be 297
elected in 1953, and one full-time judge shall be elected in 298
1973. 299
In the Lyndhurst municipal court, one part-time judge shall 301
be elected in 1957. 302
In the Madison county municipal court, one full-time judge 304
shall be elected in 1981. 305
In the Mansfield municipal court, one full-time judge shall 307
be elected in 1951, and one full-time judge shall be elected in 308
1969. 309
In the Marietta municipal court, one full-time judge shall 311
be elected in 1957. 312
In the Marion municipal court, one full-time judge shall be 314
elected in 1951. 315
In the Marysville municipal court, one part-time judge 317
shall be elected in 1963. 318
In the Mason municipal court, one part-time judge shall be 320
elected in 1965. 321
In the Massillon municipal court, one full-time judge shall 323
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be elected in 1953, and one full-time judge shall be elected in 324
1971. 325
In the Maumee municipal court, one full-time judge shall be 327
elected in 1963. 328
In the Medina municipal court, one full-time judge shall be 330
elected in 1957. 331
In the Mentor municipal court, one full-time judge shall be 333
elected in 1971. 334
In the Miami county municipal court, one full-time judge 336
shall be elected in 1975, and one full-time judge shall be 337
elected in 1979. 338
In the Miamisburg municipal court, one part-time judge 340
shall be elected in 1951. 341
In the Middletown municipal court, one full-time judge 343
shall be elected in 1953. 344
In the Mount Vernon municipal court, one full-time judge 346
shall be elected in 1951. 347
In the Napoleon municipal court, one part-time judge shall 349
be elected in 1963. 350
In the New Philadelphia municipal court, one full-time 352
judge shall be elected in 1975. 353
In the Newton Falls municipal court, one full-time judge 355
shall be elected in 1963. 356
In the Niles municipal court, one full-time judge shall be 358
elected in 1951. 359
In the Norwalk municipal court, one full-time judge shall 361
be elected in 1975. 362
In the Oakwood municipal court, one part-time judge shall 364
be elected in 1953. 365
In the Oberlin municipal court, one full-time judge shall 367
be elected in 1989. 368
In the Oregon municipal court, one full-time judge shall be 370
elected in 1963. 371
In the Ottawa county municipal court, one full-time judge 373
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shall be elected in 1995, and the full-time judge of the Port 374
Clinton municipal court who is elected in 1989 shall serve as the 375
judge of the Ottawa county municipal court from February 4, 1994, 376
until the end of that judge's term.
In the Painesville municipal court, one full-time judge 378
shall be elected in 1951. 379
In the Parma municipal court, one full-time judge shall be 381
elected in 1951, one full-time judge shall be elected in 1967, 382
and one full-time judge shall be elected in 1971. 383
In the Perrysburg municipal court, one full-time judge 385
shall be elected in 1977. 386
In the Portage county municipal court, two full-time judges 388
shall be elected in 1979, and one full-time judge shall be 389
elected in 1971. 390
In the Port Clinton municipal court, one full-time judge 392
shall be elected in 1953. The full-time judge of the Port 393
Clinton municipal court who is elected in 1989 shall serve as the 394
judge of the Ottawa county municipal court from February 4, 1994, 395
until the end of that judge's term. 396
In the Portsmouth municipal court, one full-time judge 398
shall be elected in 1951, and one full-time judge shall be 399
elected in 1985. 400
In the Rocky River municipal court, one full-time judge 402
shall be elected in 1957, and one full-time judge shall be 403
elected in 1971. 404
In the Sandusky municipal court, one full-time judge shall 406
be elected in 1953. 407
In the Shaker Heights municipal court, one full-time judge 409
shall be elected in 1957. 410
In the Shelby municipal court, one part-time judge shall be 412
elected in 1957. 413
In the Sidney municipal court, one full-time judge shall be 415
elected in 1995. 416
In the South Euclid municipal court, one part-time judge 418
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shall be elected in 1951. 419
In the Springfield municipal court, two full-time judges 421
shall be elected in 1985, and one full-time judge shall be 422
elected in 1983, all of whom shall serve as the judges of the 423
Springfield municipal court through December 31, 1987, and as the 424
judges of the Clark county municipal court from January 1, 1988, 425
until the end of their respective terms. 426
In the Steubenville municipal court, one full-time judge 428
shall be elected in 1953. 429
In the Struthers municipal court, one part-time judge shall 431
be elected in 1963. 432
In the Sylvania municipal court, one full-time judge shall 434
be elected in 1963. 435
In the Tiffin municipal court, one full-time judge shall be 437
elected in 1953. 438
In the Toledo municipal court, two full-time judges shall 440
be elected in 1971, four full-time judges shall be elected in 441
1975, and one full-time judge shall be elected in 1973. 442
In the Upper Sandusky municipal court, one part-time judge 444
shall be elected in 1957. 445
In the Vandalia municipal court, one full-time judge shall 447
be elected in 1959. 448
In the Van Wert municipal court, one full-time judge shall 450
be elected in 1957. 451
In the Vermilion municipal court, one part-time judge shall 453
be elected in 1965. 454
In the Wadsworth municipal court, one full-time judge shall 456
be elected in 1981. 457
In the Warren municipal court, one full-time judge shall be 459
elected in 1951, and one full-time judge shall be elected in 460
1971. 461
In the Washington Court House municipal court, one 463
part-time FULL-TIME judge shall be elected in 1951 1999. THE 465
PART-TIME JUDGE ELECTED IN 1993, WHOSE TERM COMMENCED ON JANUARY 466
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1, 1994, SHALL SERVE UNTIL DECEMBER 31, 1999, AND THE OFFICE OF 467
THAT JUDGE IS ABOLISHED ON JANUARY 1, 2000.
In the Wayne county municipal court, one full-time judge 469
shall be elected in 1975, and one full-time judge shall be 470
elected in 1979. 471
In the Willoughby municipal court, one full-time judge 473
shall be elected in 1951. 474
In the Wilmington municipal court, one full-time judge 476
shall be elected in 1991, who shall serve as the judge of the 477
Wilmington municipal court through June 30, 1992, and as the 478
judge of the Clinton county municipal court from July 1, 1992, 479
until the end of that judge's term on December 31, 1997. 480
In the Xenia municipal court, one full-time judge shall be 482
elected in 1977. 483
In the Youngstown municipal court, one full-time judge 485
shall be elected in 1951, and two full-time judges shall be 486
elected in 1953. 487
In the Zanesville municipal court, one full-time judge 489
shall be elected in 1953. 490
Sec. 1901.26. (A) Subject to division (C)(E) of this 501
section, costs in a municipal court shall be fixed and taxed as 502
follows:
(1) The municipal court shall require an advance deposit 504
for the filing of any new civil action or proceeding when 505
required by division (A)(9) of this section, and in all other 506
cases, by rule, shall establish a schedule of fees and costs to 507
be taxed in any civil or criminal action or proceeding. 508
(2) The municipal court, by rule, may require an advance 510
deposit for the filing of any civil action or proceeding and 511
publication fees as provided in section 2701.09 of the Revised 512
Code. The court may waive the requirement for advance deposit 513
upon affidavit or other evidence that a party is unable to make 515
the required deposit.
(3) When a jury trial is demanded in any civil action or 517
12
proceeding, the party making the demand may be required to make 518
an advance deposit as fixed by rule of court, unless, upon 519
affidavit or other evidence, the court concludes that the party 520
is unable to make the required deposit. If a jury is called, the 522
fees of a jury shall be taxed as costs.
(4) In any civil or criminal action or proceeding, 524
witnesses' fees shall be fixed in accordance with sections 525
2335.06 and 2335.08 of the Revised Code. 526
(5) A reasonable charge for driving, towing, carting, 528
storing, keeping, and preserving motor vehicles and other 529
personal property recovered or seized in any proceeding may be 530
taxed as part of the costs in a trial of the cause, in an amount 532
that shall be fixed by rule of court.
(6) Chattel property seized under any writ or process 534
issued by the court shall be preserved pending final disposition 535
for the benefit of all persons interested and may be placed in 536
storage when necessary or proper for that preservation. The 537
custodian of any chattel property so stored shall not be required 538
to part with the possession of the property until a reasonable 539
charge, to be fixed by the court, is paid. 540
(7) The municipal court, as it determines, may refund all 542
deposits and advance payments of fees and costs, including those 544
for jurors and summoning jurors, when they have been paid by the 545
losing party.
(8) Charges for the publication of legal notices required 547
by statute or order of court may be taxed as part of the costs, 548
as provided by section 7.13 of the Revised Code. 549
(B)(1) The municipal court may determine that, for the 551
efficient operation of the court, additional funds are necessary 552
to acquire and pay for special projects of the court including, 553
but not limited to, the acquisition of additional facilities or 554
the rehabilitation of existing facilities, the acquisition of 555
equipment, the hiring and training of staff, community service
programs, mediation or dispute resolution services, the 556
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employment of magistrates, THE TRAINING AND EDUCATION OF JUDGES, 557
ACTING JUDGES, AND MAGISTRATES, and other related services. Upon 558
that determination, the court by rule may charge a fee, in 560
addition to all other court costs, on the filing of each criminal 561
cause, civil action or proceeding, or judgment by confession. 562
If the municipal court offers a special program or service 564
in cases of a specific type, the municipal court by rule may 565
assess an additional charge in a case of that type, over and 566
above court costs, to cover the special program or service. The 567
municipal court shall adjust the special assessment periodically, 568
but not retroactively, so that the amount assessed in those cases 569
does not exceed the actual cost of providing the service or 570
program.
All moneys collected under division (B) of this section 573
shall be paid to the county treasurer if the court is a
county-operated municipal court or to the city treasurer if the 574
court is not a county-operated municipal court for deposit into 575
either a general special projects fund or a fund established for 576
a specific special project. Moneys from a fund of that nature 577
shall be disbursed upon an order of the court in an amount no 578
greater than the actual cost to the court of a project. If a 579
specific fund is terminated because of the discontinuance of a
program or service established under division (B) of this 581
section, the municipal court may order that moneys remaining in 582
the fund be transferred to an account established under this 583
division for a similar purpose.
(2) As used in division (B) of this section: 585
(a) "Criminal cause" means a charge alleging the violation 587
of a statute or ordinance, or subsection of a statute or 588
ordinance, that requires a separate finding of fact or a separate 589
plea before disposition and of which the defendant may be found 590
guilty, whether filed as part of a multiple charge on a single 591
summons, citation, or complaint or as a separate charge on a
single summons, citation, or complaint. "Criminal cause" does 593
14
not include separate violations of the same statute or ordinance, 594
or subsection of the same statute or ordinance, unless each 595
charge is filed on a separate summons, citation, or complaint. 596
(b) "Civil action or proceeding" means any civil 598
litigation that must be determined by judgment entry. 599
(C) Prior to January 1, 1993, and on and after January 1, 601
2003, the municipal court shall collect the sum of four dollars 602
as additional filing fees in each new civil action or proceeding 603
for the charitable public purpose of providing financial 604
assistance to legal aid societies that operate within the state. 605
From January 1, 1993, through December 31, 2002, the municipal 606
court shall collect in all its divisions except the small claims 607
division the sum of fifteen dollars as additional filing fees in 608
each new civil action or proceeding for the charitable public 609
purpose of providing financial assistance to legal aid societies 610
that operate within the state. From January 1, 1993, through 611
December 31, 2002, the municipal court shall collect in its small 612
claims division the sum of seven dollars as additional filing 613
fees in each new civil action or proceeding for the charitable 614
public purpose of providing financial assistance to legal aid 615
societies that operate within the state. This division does not 616
apply to any execution on a judgment, proceeding in aid of 617
execution, or other post-judgment proceeding arising out of a 618
civil action. The filing fees required to be collected under 619
this division shall be in addition to any other court costs 620
imposed in the action or proceeding and shall be collected at the 621
time of the filing of the action or proceeding. The court shall 622
not waive the payment of the additional filing fees in a new 623
civil action or proceeding unless the court waives the advanced 624
payment of all filing fees in the action or proceeding. All such 625
moneys shall be transmitted on the first business day of each 626
month by the clerk of the court to the treasurer of state. The 627
moneys then shall be deposited by the treasurer of state to the 628
credit of the legal aid fund established under section 120.52 of 629
15
the Revised Code. 630
The court may retain up to one per cent of the moneys it 632
collects under this division to cover administrative costs, 633
including the hiring of any additional personnel necessary to 634
implement this division. 635
(D) In the Cleveland municipal court, reasonable charges 637
for investigating titles of real estate to be sold or disposed of 638
under any writ or process of the court may be taxed as part of 639
the costs. 640
(C)(E) Under the circumstances described in sections 642
2969.21 to 2969.27 of the Revised Code, the clerk of the 643
municipal court shall charge the fees and perform the other 644
duties specified in those sections.
Sec. 1925.02. (A)(1) Except as provided in division 653
(A)(2) of this section, a small claims division established under 654
section 1925.01 of the Revised Code has jurisdiction in civil 655
actions for the recovery of taxes and money only, for amounts not 656
exceeding three thousand dollars, exclusive of interest and 658
costs.
(2)(a) A small claims division does not have jurisdiction 660
in any of the following: 661
(i) Libel, slander, replevin, malicious prosecution, and 663
abuse of process actions; 664
(ii) Actions on any claim brought by an assignee or agent, 666
except a claim to recover taxes that is filed by any authorized 667
employee of a political subdivision or any authorized officer or 668
employee of the state, as defined in division (C) of section 669
1925.08 of the Revised Code, or a claim filed by a person 670
designated under section 1925.18 of the Revised Code to act as 671
the representative of a prosecuting attorney; 672
(iii) Actions for the recovery of punitive or exemplary 674
damages. 675
(b) Division (A)(2)(a) of this section does not exclude 677
actions for the recovery of damages specifically authorized by 678
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division (B) of either section 1345.09 or 1345.48 of the Revised 679
Code from the jurisdiction of a small claims division. 680
(3) The territorial jurisdiction and venue of a small 682
claims division are concurrent with that of the respective court 683
under its procedures in ordinary civil actions. Jurisdiction 684
over the person of a defendant may not be obtained by any form of 685
published or substituted service or warrant of attorney. 686
(B) A counterclaim or cross-claim of three thousand 688
dollars or less does not affect the jurisdiction of a small 689
claims division. If a counterclaim or cross-claim exceeds three 690
thousand dollars and if the case is transferred to the regular 691
docket of the court, the court, if it finds that the counterclaim 692
or cross-claim was without substantial grounds, may award 693
reasonable attorney's fees by special order to the party against 694
whom the counterclaim or cross-claim is instituted, if that party 695
prevails in the action on that claim.
(C) Any person who files a counterclaim or cross-claim 697
shall file it with the small claims division and serve it on all 698
other parties at least seven days prior to the date of the trial 699
of the plaintiff's claim in the original action. 700
(D) AS USED IN THIS SECTION: 702
(1) "PERSON" HAS THE SAME MEANING AS IN DIVISION (C) OF 704
SECTION 1.59 OF THE REVISED CODE AND ALSO INCLUDES GOVERNMENTAL 705
ENTITIES.
(2) "POLITICAL SUBDIVISION" AND "EMPLOYEE" OF A POLITICAL 707
SUBDIVISION HAVE THE SAME MEANINGS AS IN SECTION 2744.01 OF THE 708
REVISED CODE.
(3) "STATE" HAS THE SAME MEANING AS IN SECTION 109.36 OF 710
THE REVISED CODE.
(4) "OFFICER OR EMPLOYEE OF THE STATE" MEANS ANY PERSON 712
WHO IS SERVING IN AN ELECTED OR APPOINTED OFFICE OR POSITION WITH 713
THE STATE OR IS EMPLOYED BY THE STATE. "OFFICER OR EMPLOYEE OF 714
THE STATE" DOES NOT INCLUDE ANY PERSON ELECTED, APPOINTED, OR 715
EMPLOYED BY ANY POLITICAL SUBDIVISION. 716
17
Sec. 1925.04. (A) An action is commenced in the small 725
claims division when the plaintiff, or the plaintiff's attorney, 727
states the amount and nature of the plaintiff's claim to the
court as provided in this section. The commencement constitutes 729
a waiver of any right of the plaintiff to trial by jury upon such 730
action. At the time of the commencement of an action, the 731
plaintiff, or the plaintiff's attorney, shall pay both of the 733
following:
(1) A filing fee as determined by the court, not to exceed 735
one-half of the filing fee charged at the commencement of a civil 736
action in the general division of that court; and 737
(2) The sum required by division (C) of section 1901.26 or 740
division (C) of section 1907.24 of the Revised Code.
(B) The plaintiff, or the plaintiff's attorney, shall 742
state to the administrative assistant or other official 744
designated by the court, the plaintiff's and the defendant's 745
place of residence, the military status of the defendant, and the 746
nature and amount of the plaintiff's claim. The claim shall be 747
reduced to writing in concise, nontechnical form. Such writing 749
shall be signed by the plaintiff, or the plaintiff's attorney, 750
under oath.
A memorandum of the time and place set for trial shall be 752
given to the person signing the writing. The time set for such 753
trial shall be not less than fifteen or more than forty days 754
after the commencement of the action. 755
If taxes are sought to be recovered in the action, an 757
authorized employee of a political subdivision or an authorized 758
officer or employee of the state, as defined in division (C) of 759
section 1925.08 1925.02 of the Revised Code, may commence the 760
action. If an action is brought on behalf of a county department 761
of human services, a representative of the prosecuting attorney 762
of the county, designated under section 1925.18 of the Revised 763
Code, may commence the action. 764
Sec. 1925.13. (A) The court, in its discretion, may order 773
18
that the judgment, interest, and costs be paid at a certain date 774
or by specified weekly installments, and, during compliance with 775
the order, the court may stay the issue of execution and other 776
proceedings in aid of execution. The stay COURT may be modified 778
MODIFY or vacated VACATE THE STAY at any time. 779
Except as otherwise provided in this section, a judgment 781
creditor may avail himself of COMMENCE any proceedings to obtain 782
satisfaction of the judgment, including execution and garnishment 783
proceedings, that are permitted to obtain satisfaction of a 784
judgment rendered in an ordinary civil action. In the case of an 785
action commenced by a county department of human services 786
employee designated under section 1925.18 of the Revised Code to 787
represent the prosecuting attorney of the county in commencement 788
of the action, the county department of human services is the 789
judgment creditor. 790
If an authorized employee of a political subdivision or an 792
authorized officer or employee of the state, as defined in 793
division (C) of section 1925.08 1925.02 of the Revised Code, 795
prevails in an action to recover taxes, the authorized person may 796
use any means provided by law to obtain satisfaction of the 797
judgment, including the provisions of division (B) of this 798
section.
If a party is not represented by counsel, the court, upon 800
payment of court costs, shall explain to the parties and assist 801
the parties in the preparation and filing of, and supply the 802
parties with any necessary forms for, proceedings in aid of 803
execution to collect and enforce judgments. 804
(B) If, within thirty days after judgment, the judgment is 806
not satisfied and the parties have not otherwise agreed, the 807
court, upon the request of the judgment creditor, shall order the 808
judgment debtor to file, on a form prepared by the court, a list 809
of his THE JUDGMENT DEBTOR'S assets, liabilities, and personal 810
earnings. The form shall contain a notice that failure to 812
complete the form and return it to the court within one week 813
19
after receipt may result in a citation for contempt of court. 814
Any party who, with notice of the possible contempt citation, 815
willfully fails to comply with the order of the court, may be 816
cited for contempt of court, as provided in Chapter 2705. of the 817
Revised Code.
Sec. 2303.201. (A)(1) The court of common pleas of any 826
county may determine that for the efficient operation of the 827
court additional funds are required to computerize the court, to 828
make available computerized legal research services, or to do 829
both. Upon making a determination that additional funds are 830
required for either or both of those purposes, the court shall 831
authorize and direct the clerk of the court of common pleas to 832
charge one additional fee, not to exceed three dollars, on the 833
filing of each cause of action or appeal under divisions (A), 834
(Q), and (U) of section 2303.20 of the Revised Code. 835
(2) All fees collected under division (A)(1) of this 837
section shall be paid to the county treasurer. The treasurer 838
shall place the funds from the fees in a separate fund to be 839
disbursed, upon an order of the court, in an amount not greater 840
than the actual cost to the court of procuring and maintaining 841
computerization of the court, computerized legal research 842
services, or both. 843
(3) If the court determines that the funds in the fund 845
described in division (A)(2) of this section are more than 846
sufficient to satisfy the purpose for which the additional fee 847
described in division (A)(1) of this section was imposed, the 848
court may declare a surplus in the fund and expend those surplus 849
funds for other appropriate technological expenses of the court. 850
(B)(1) The court of common pleas of any county may 852
determine that, for the efficient operation of the court, 853
additional funds are required to computerize the office of the 854
clerk of the court of common pleas and, upon that determination, 855
authorize and direct the clerk of the court of common pleas to 856
charge an additional fee, not to exceed ten dollars, on the 857
20
filing of each cause of action or appeal, on the filing, 858
docketing, and endorsing of each certificate of judgment, or on 859
the docketing and indexing of each aid in execution or petition 860
to vacate, revive, or modify a judgment under divisions (A), (P), 861
(Q), (T), and (U) of section 2303.20 of the Revised Code. Subject 863
to division (B)(2) of this section, all moneys collected under 864
division (B)(1) of this section shall be paid to the county
treasurer to be disbursed, upon an order of the court of common 865
pleas and subject to appropriation by the board of county 866
commissioners, in an amount no greater than the actual cost to 867
the court of procuring and maintaining computer systems for the 868
office of the clerk of the court of common pleas. 869
(2) If the court of common pleas of a county makes the 871
determination described in division (B)(1) of this section, the 872
board of county commissioners of that county may issue one or 873
more general obligation bonds for the purpose of procuring and 874
maintaining the computer systems for the office of the clerk of 875
the court of common pleas. In addition to the purposes stated in 876
division (B)(1) of this section for which the moneys collected 877
under that division may be expended, the moneys additionally may 878
be expended to pay debt charges on and financing costs related to 879
any general obligation bonds issued pursuant to division (B)(2) 880
of this section as they become due. General obligation bonds 881
issued pursuant to division (B)(2) of this section are Chapter 882
133. securities. 883
(C) Prior to January 1, 1993, and on and after January 1, 885
2003, the court of common pleas shall collect the sum of four 887
dollars as additional filing fees in each new civil action or 888
proceeding for the charitable public purpose of providing 889
financial assistance to legal aid societies that operate within 890
the state. From January 1, 1993, through December 31, 2002, the 892
court of common pleas shall collect the sum of fifteen dollars as 893
additional filing fees in each new civil action or proceeding for 894
the charitable public purpose of providing financial assistance 895
21
to legal aid societies that operate within the state. This 896
division does not apply to proceedings concerning annulments, 897
dissolutions of marriage, divorces, legal separation, spousal 898
support, marital property or separate property distribution, 899
support, or other domestic relations matters; to a juvenile 900
division of a court of common pleas; to a probate division of a 901
court of common pleas, except that the additional filing fees 902
shall apply to name change, guardianship, and adoption 903
proceedings; or to an execution on a judgment, proceeding in aid 904
of execution, or other post-judgment proceeding arising out of a 905
civil action. The filing fees required to be collected under 906
this division shall be in addition to any other filing fees 907
imposed in the action or proceeding and shall be collected at the 908
time of the filing of the action or proceeding. The court shall 909
not waive the payment of the additional filing fees in a new 910
civil action or proceeding unless the court waives the advanced 911
payment of all filing fees in the action or proceeding. All such 912
moneys collected during a month shall be transmitted on or before 913
the twentieth day of the following month by the clerk of the 914
court to the treasurer of state. The moneys then shall be 916
deposited by the treasurer of state to the credit of the legal 917
aid fund established under section 120.52 of the Revised Code. 918
The court may retain up to one per cent of the moneys it 920
collects under this division to cover administrative costs, 921
including the hiring of any additional personnel necessary to 922
implement this division. 923
(D) On and after the thirtieth day after December 9, 1994, 925
the court of common pleas shall collect the sum of thirty-two 927
dollars as additional filing fees in each new action or 928
proceeding for annulment, divorce, or dissolution of marriage for 929
the purpose of funding shelters for victims of domestic violence 930
pursuant to sections 3113.35 to 3113.39 of the Revised Code. The 931
filing fees required to be collected under this division shall be 932
in addition to any other filing fees imposed in the action or 933
22
proceeding and shall be collected at the time of the filing of 934
the action or proceeding. The court shall not waive the payment 935
of the additional filing fees in a new action or proceeding for 936
annulment, divorce, or dissolution of marriage unless the court 937
waives the advanced payment of all filing fees in the action or 938
proceeding. On or before the twentieth day of each month, all 939
moneys collected during the immediately preceding month pursuant 940
to this division shall be deposited by the clerk of the court 942
into the county treasury in the special fund used for deposit of 943
additional marriage license fees as described in section 3113.34 944
of the Revised Code. Upon their deposit into the fund, the 945
moneys shall be retained in the fund and expended only as 946
described in section 3113.34 of the Revised Code. 947
(E)(1) THE COURT OF COMMON PLEAS MAY DETERMINE THAT, FOR 949
THE EFFICIENT OPERATION OF THE COURT, ADDITIONAL FUNDS ARE 950
NECESSARY TO ACQUIRE AND PAY FOR SPECIAL PROJECTS OF THE COURT, 951
INCLUDING, BUT NOT LIMITED TO, THE ACQUISITION OF ADDITIONAL 952
FACILITIES OR THE REHABILITATION OF EXISTING FACILITIES, THE 953
ACQUISITION OF EQUIPMENT, THE HIRING AND TRAINING OF STAFF,
COMMUNITY SERVICE PROGRAMS, MEDIATION OR DISPUTE RESOLUTION 954
SERVICES, THE EMPLOYMENT OF MAGISTRATES, THE TRAINING AND 955
EDUCATION OF JUDGES, ACTING JUDGES, AND MAGISTRATES, AND OTHER 956
RELATED SERVICES. UPON THAT DETERMINATION, THE COURT BY RULE MAY 957
CHARGE A FEE, IN ADDITION TO ALL OTHER COURT COSTS, ON THE FILING 958
OF EACH CRIMINAL CAUSE, CIVIL ACTION OR PROCEEDING, OR JUDGMENT
BY CONFESSION. 959
IF THE COURT OF COMMON PLEAS OFFERS A SPECIAL PROGRAM OR 961
SERVICE IN CASES OF A SPECIFIC TYPE, THE COURT BY RULE MAY ASSESS 962
AN ADDITIONAL CHARGE IN A CASE OF THAT TYPE, OVER AND ABOVE COURT 963
COSTS, TO COVER THE SPECIAL PROGRAM OR SERVICE. THE COURT SHALL 964
ADJUST THE SPECIAL ASSESSMENT PERIODICALLY, BUT NOT
RETROACTIVELY, SO THAT THE AMOUNT ASSESSED IN THOSE CASES DOES 965
NOT EXCEED THE ACTUAL COST OF PROVIDING THE SERVICE OR PROGRAM. 966
ALL MONEYS COLLECTED UNDER DIVISION (E) OF THIS SECTION 968
23
SHALL BE PAID TO THE COUNTY TREASURER FOR DEPOSIT INTO EITHER A 969
GENERAL SPECIAL PROJECTS FUND OR A FUND ESTABLISHED FOR A 970
SPECIFIC SPECIAL PROJECT. MONEYS FROM A FUND OF THAT NATURE 971
SHALL BE DISBURSED UPON AN ORDER OF THE COURT IN AN AMOUNT NO 972
GREATER THAN THE ACTUAL COST TO THE COURT OF A PROJECT. IF A
SPECIFIC FUND IS TERMINATED BECAUSE OF THE DISCONTINUANCE OF A 973
PROGRAM OR SERVICE ESTABLISHED UNDER DIVISION (E) OF THIS 974
SECTION, THE COURT MAY ORDER THAT MONEYS REMAINING IN THE FUND BE 975
TRANSFERRED TO AN ACCOUNT ESTABLISHED UNDER THIS DIVISION FOR A 976
SIMILAR PURPOSE.
(2) AS USED IN DIVISION (E) OF THIS SECTION: 978
(a) "CRIMINAL CAUSE" MEANS A CHARGE ALLEGING THE VIOLATION 980
OF A STATUTE OR ORDINANCE, OR SUBSECTION OF A STATUTE OR 981
ORDINANCE, THAT REQUIRES A SEPARATE FINDING OF FACT OR A SEPARATE 982
PLEA BEFORE DISPOSITION AND OF WHICH THE DEFENDANT MAY BE FOUND 983
GUILTY, WHETHER FILED AS PART OF A MULTIPLE CHARGE ON A SINGLE 984
SUMMONS, CITATION, OR COMPLAINT OR AS A SEPARATE CHARGE ON A
SINGLE SUMMONS, CITATION, OR COMPLAINT. "CRIMINAL CAUSE" DOES 985
NOT INCLUDE SEPARATE VIOLATIONS OF THE SAME STATUTE OR ORDINANCE, 986
OR SUBSECTION OF THE SAME STATUTE OR ORDINANCE, UNLESS EACH 987
CHARGE IS FILED ON A SEPARATE SUMMONS, CITATION, OR COMPLAINT. 988
(b) "CIVIL ACTION OR PROCEEDING" MEANS ANY CIVIL 990
LITIGATION THAT MUST BE DETERMINED BY JUDGMENT ENTRY. 991
Sec. 2501.16. (A) Each court of appeals may appoint one 1,000
or more official shorthand reporters, law clerks, secretaries, 1,001
and any other employees that the court considers necessary for 1,002
its efficient operation. 1,003
The clerk of the court of common pleas, acting as the clerk 1,005
of the court of appeals for his THE county, shall perform the 1,006
duties otherwise performed and collect the fees otherwise 1,008
collected by the clerk of the court of common pleas, as set forth 1,009
in section 2303.03 of the Revised Code, and shall maintain the 1,010
files and records of the court. The overhead expenses pertaining 1,011
to the office of the clerk of the court of common pleas that 1,012
24
result from his THE CLERK'S acting as clerk of the court of 1,013
appeals for his THE county, other than wages and salaries, shall 1,015
be paid from the funds provided under sections 2501.18 and 1,016
2501.181 of the Revised Code.
Each officer and employee appointed pursuant to this 1,018
section shall take an oath of office, serve at the pleasure of 1,019
the court, and perform any duties that the court directs. Each 1,020
shorthand reporter shall have the powers that are vested in 1,021
official shorthand reporters of the court of common pleas under 1,022
sections 2301.18 to 2301.26 of the Revised Code. Whenever an 1,023
opinion, per curiam, or report of a case has been prepared in 1,024
accordance with section 2503.20 of the Revised Code, the official 1,025
shorthand reporter immediately shall forward one copy of the 1,026
opinion, per curiam, or report to the reporter of the supreme 1,027
court, without expense to the reporter. 1,028
(B) THE COURT OF APPEALS MAY DETERMINE THAT, FOR THE 1,030
EFFICIENT OPERATION OF THE COURT, ADDITIONAL FUNDS ARE NECESSARY 1,031
TO ACQUIRE AND PAY FOR SPECIAL PROJECTS OF THE COURT, INCLUDING, 1,032
BUT NOT LIMITED TO, THE ACQUISITION OF ADDITIONAL FACILITIES OR 1,033
THE REHABILITATION OF EXISTING FACILITIES, THE ACQUISITION OF 1,034
EQUIPMENT, THE HIRING AND TRAINING OF STAFF, THE EMPLOYMENT OF
MAGISTRATES, THE TRAINING AND EDUCATION OF JUDGES, ACTING JUDGES, 1,036
AND MAGISTRATES, COMMUNITY SERVICE PROGRAMS, AND OTHER RELATED 1,038
SERVICES. UPON THAT DETERMINATION, THE COURT BY RULE MAY CHARGE
A FEE, IN ADDITION TO ALL OTHER COURT COSTS, ON THE FILING OF 1,039
EACH CASE OR CAUSE OVER WHICH THE COURT HAS JURISDICTION. 1,040
IF THE COURT OF APPEALS OFFERS A SPECIAL PROGRAM OR SERVICE 1,042
IN CASES OF A SPECIFIC TYPE, THE COURT BY RULE MAY ASSESS AN 1,043
ADDITIONAL CHARGE IN A CASE OF THAT TYPE, OVER AND ABOVE COURT 1,044
COSTS, TO COVER THE SPECIAL PROGRAM OR SERVICE. THE COURT SHALL 1,045
ADJUST THE SPECIAL ASSESSMENT PERIODICALLY, BUT NOT
RETROACTIVELY, SO THAT THE AMOUNT ASSESSED IN THOSE CASES DOES 1,046
NOT EXCEED THE ACTUAL COST OF PROVIDING THE SERVICE OR PROGRAM. 1,047
ALL MONEYS COLLECTED UNDER DIVISION (B) OF THIS SECTION 1,049
25
SHALL BE PAID TO THE COUNTY TREASURER OF THE COUNTY SELECTED AS 1,050
THE PRINCIPAL SEAT OF THAT COURT OF APPEALS FOR DEPOSIT INTO 1,051
EITHER A GENERAL SPECIAL PROJECTS FUND OR A FUND ESTABLISHED FOR 1,052
A SPECIFIC SPECIAL PROJECT. MONEYS FROM A FUND OF THAT NATURE 1,053
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 1,054
SPECIFIC FUND IS TERMINATED BECAUSE OF THE DISCONTINUANCE OF A 1,055
PROGRAM OR SERVICE ESTABLISHED UNDER DIVISION (B) OF THIS 1,056
SECTION, THE COURT MAY ORDER THAT MONEYS REMAINING IN THE FUND BE 1,057
TRANSFERRED TO AN ACCOUNT ESTABLISHED UNDER THIS DIVISION FOR A 1,058
SIMILAR PURPOSE.
Section 2. That existing sections 1901.08, 1901.26, 1,060
1925.02, 1925.04, 1925.13, 2303.201, and 2501.16 and section 1,061
1925.08 of the Revised Code are hereby repealed. 1,062
Section 3. Section 1901.26 of the Revised Code is 1,064
presented in this act as a composite of the section as amended by 1,065
Sub. H.B. 423, Am. Sub. H.B. 438, and Sub. H.B. 455 of the 121st 1,066
General Assembly, with the new language of none of the acts shown 1,067
in capital letters. This is in recognition of the principle 1,068
stated in division (B) of section 1.52 of the Revised Code that 1,069
such amendments are to be harmonized where not substantively 1,070
irreconcilable and constitutes a legislative finding that such is 1,071
the resulting version in effect prior to the effective date of 1,072
this act.