Regards courts and court procedures

As Passed by the Senate

136th
General Assembly

Regular
Session
Sub. S. B. No. 61

2025-2026

Senators Gavarone, Manning

Cosponsors: Senators Antonio,
Blackshear, Cirino, Craig, DeMora, Hicks-Hudson, Ingram, Johnson,
Reineke, Reynolds, Roegner, Weinstein, Wilkin

To
amend sections 1901.021, 1901.14, 1901.22
,
1901.31
,
1907.20, 2111.011, 2307.23, 2317.02, 2317.021, 2317.41, 2317.422,
2939.03, 2939.06, 2941.61, 2943.02, 2945.51, 2945.52, 2945.53, and
2945.54 and to repeal sections 1901.16, 1901.41, 1907.21, 1907.231,
2101.12, 2101.121, 2101.14, 2101.141, 2301.141, 2317.03, 2317.40,
2317.42, 2939.02, 2939.20, 2941.021, 2943.03, 2943.04, 2945.12,
2945.30, 2945.31, 2945.33, 2945.34, 2945.41, 2945.45, and 2945.50 of
the Revised Code
relative
to courts and court procedures.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 1901.021, 1901.14, 1901.22
,
1901.31
,
1907.20, 2111.011, 2307.23, 2317.02, 2317.021, 2317.41, 2317.422,
2939.03, 2939.06, 2941.61, 2943.02, 2945.51, 2945.52, 2945.53, and
2945.54 of the Revised Code be amended to read as follows:

Sec.
1901.021.
(A)
Except as otherwise provided in division (M) of this section, the
judge or judges of any municipal court established under division (A)
of section 1901.01 of the Revised Code having territorial
jurisdiction outside the corporate limits of the municipal
corporation in which it is located may sit outside the corporate
limits of the municipal corporation within the area of its
territorial jurisdiction.

(B)
Two or more of the judges of the Hamilton county municipal court may
be assigned by the presiding judge of the court to sit outside the
municipal corporation of Cincinnati.

(C)
Two of the judges of the Portage county municipal court shall sit
within the municipal corporation of Ravenna, and one of the judges
shall sit within the municipal corporation of Kent. The judges may
sit in other incorporated areas of Portage county.

(D)
The judges of the Wayne county municipal court shall sit within the
municipal corporation of Wooster and may sit in other incorporated
areas of Wayne county.

(E)
The judge of the Auglaize county municipal court shall sit within the
municipal corporations of Wapakoneta and St. Marys and may sit in
other incorporated areas in Auglaize county.

(F)
At least one of the judges of the Miami county municipal court shall
sit within the municipal corporations of Troy, Piqua, and Tipp City,
and the judges may sit in other incorporated areas of Miami county.

(G)
The judge of the Crawford county municipal court shall sit within the
municipal corporations of Bucyrus and Galion and may sit in other
incorporated areas in Crawford county.

(H)
The judge of the Jackson county municipal court shall sit within the
municipal corporations of Jackson and Wellston and may sit in other
incorporated areas in Jackson county.

(I)
Each judge of the Columbiana county municipal court may sit within
the municipal corporation of Lisbon, Salem, or East Palestine until
the judges jointly select a central location within the territorial
jurisdiction of the court. When the judges select a central location,
the judges shall sit at that location.

(J)
In any municipal court, other than the Hamilton county municipal
court and the Montgomery county municipal court, that has more than
one judge, the decision for one or more judges to sit outside the
corporate limits of the municipal corporation shall be made by rule
of the court as provided in
division

divisions
(A)(3) and
(C)
of
sections

section

1901.14

and
1901.16
of
the Revised Code.

(K)
The assignment of a judge to sit in a municipal corporation other
than that in which the court is located does not affect the
jurisdiction of the mayor except as provided in section 1905.01 of
the Revised Code.

(L)
The judges of the Clermont county municipal court may sit in any
municipal corporation or unincorporated territory within Clermont
county.

(M)
Beginning July 1, 2010, the judges of the Montgomery county municipal
court shall sit in the same locations as the judges of the Montgomery
county county court sat before the county court was abolished on that
date. The legislative authority of the Montgomery county municipal
court may determine after that date that the judges of the Montgomery
county municipal court shall sit in any municipal corporation or
unincorporated territory within Montgomery county.

(N)
The judge of the Tiffin-Fostoria municipal court shall sit within
each of the municipal corporations of Tiffin and Fostoria on a weekly
basis. Cases that arise within the municipal corporation of Tiffin
and within Adams, Big Spring, Bloom, Clinton, Eden, Hopewell,
Liberty, Pleasant, Reed, Scioto, Seneca, Thompson, and Venice
townships in Seneca county shall be filed in the office of the clerk
of the court located in the municipal corporation of Tiffin. Cases
that arise in the municipal corporation of Fostoria and within Loudon
and Jackson townships in Seneca county shall be filed in the office
of the special deputy clerk located in the municipal corporation of
Fostoria. Until January 2, 2024, cases that arise within Washington
township in Hancock county, and within Perry township, except within
the municipal corporation of West Millgrove, in Wood county, shall be
filed in the office of the special deputy clerk located in the
municipal corporation of Fostoria.

(O)
The judge of the Fulton county municipal court shall sit within each
of the municipal corporations of Wauseon and Swanton on a weekly
basis. Cases that arise within the municipal corporation of Wauseon
and within Chesterfield, Clinton, Dover, Franklin, German, and Gorham
townships in Fulton county shall be filed in the office of the clerk
of the court located in the municipal corporation of Wauseon. Cases
that arise in the municipal corporation of Swanton and within Amboy,
Fulton, Pike, Swan Creek, Royalton, and York townships shall be filed
in the office of the special deputy clerk located in the municipal
corporation of Swanton.

Sec.
1901.14.
(A)
Municipal judges have the following powers and duties:

(1)
To perform marriage ceremonies anywhere in this state, take
acknowledgment of deeds and other instruments, administer oaths, and
perform any other duties that are conferred upon judges of county
courts.

All
fees, including marriage fees, collected by a municipal judge when
not connected with any cause or proceeding pending in the municipal
court, shall be paid over to the clerk of the municipal court to be
paid to the city treasury, except that, in a county-operated
municipal court, the fees shall be paid to the treasury of the county
in which the court is located.

(2)
To adopt, publish, and revise rules for the regulation of the
practice and procedure of their respective courts, and for the
selection and manner of summoning persons to serve as jurors in the
court

in accordance with the Rules of Superintendence for the Courts of
Ohio
;

(3)
To adopt, publish, and revise rules relating to the administration of
the court

in accordance with the Rules of Superintendence for the Courts of
Ohio
;

(4)
On or before the last day of March of each year, the court shall
render a complete report of its operation during the preceding
calendar year to the legislative authority and to the board of county
commissioners of each county within its territory. The report shall
show the work performed by the court, a statement of receipts and
expenditures of the civil and criminal branches, respectively, the
number of cases heard, decided, and settled, and any other data that
the supreme court, the secretary of state, the legislative authority,
and the board of county commissioners requires.

(B)
Any rule adopted pursuant to division (A)(2) or (3) of this section
does not apply to the housing or environmental division of the
municipal court if the judge of the housing or environmental division
has adopted rules pursuant to division (C) of this section, unless
the rules adopted pursuant to division (C) of this section do not
regulate the subject regulated by the rule adopted pursuant to
division (A)(2) or (3) of this section.

(C)
Judges of the housing or environmental division of a municipal court,
other than the judge of the environmental division of the Franklin
county municipal court, may adopt, publish, and revise rules for the
regulation of the practice and procedure of the division, for the
selection and manner of summoning persons to serve as jurors in the
division, and for the administration of the division
,
in accordance with the Rules of Superintendence for the Courts of
Ohio
.

Sec.
1901.22.
Civil
actions and proceedings in the municipal court shall be commenced
pursuant to the Civil Rules by filing a complaint upon which summons
or writ shall be issued by the clerk of the municipal court. A form
of summons or writ shall be prescribed by rule of court. The
procedure in a civil case in the municipal court shall be in
accordance with the following provisions:

(A)
The return day shall be fixed by rule of court, and the summons or
writ shall, unless accompanied by an order to arrest, be served at
least three days before the time of appearance.

(B)
In attachment and garnishment proceedings, a true copy of the
affidavit shall be served with the summons and order of attachment or
garnishment.

(C)
In any action in a municipal court for the recovery of personal
property, the appraised value of which exceeds the jurisdictional
amount as defined in section 1901.17 of the Revised Code, the judge,
upon the return of the appraisement prior to judgment, shall certify
the proceedings in the case to the court of common pleas.

(D)
Whenever any property is seized or sought to be recovered in any
action in a municipal court, the property shall be at once appraised.
The value of such property may be ascertained by the oath of two
disinterested freeholders who are residents of the territory of the
court.

(E)
In any action in a municipal court in which the amount claimed by any
defendant in any statement of counterclaim exceeds the jurisdictional
amount, the judge shall certify the proceedings in the case to the
court of common pleas, except in the Cleveland municipal court.

(F)
When the amount due either party exceeds the sum for which a
municipal court is authorized to enter judgment, such party may in
writing remit the excess and judgment shall be entered for the
residue.
Any
party defendant may, at his option, withhold setting up any statement
of counterclaim and make the counterclaim the subject of a separate
action.

(G)
Upon certification of any proceedings to the court of common pleas,
the clerk of the municipal court shall forthwith transmit the
original papers and pleadings, together with a certified transcript
of the journal entries in the case, to the clerk of the court of
common pleas to be filed. The bailiff shall turn over the property in

his

the bailiff's

possession to the sheriff of the county to be held by

him

the sheriff

as in like cases originating in the court of common pleas. The case
shall then proceed as if it had been commenced originally in the
court of common pleas.

Sec.
1901.31.
The
clerk and deputy clerks of a municipal court shall be selected, be
compensated, give bond, and have powers and duties as follows:

(A)
There shall be a clerk of the court who is appointed or elected as
follows:

(1)(a)
Except in the Akron, Barberton, Toledo, Columbiana county, Hamilton
county, Miami county, Montgomery county, Portage county, and Wayne
county municipal courts and through December 31, 2008, the Cuyahoga
Falls municipal court, if the population of the territory equals or
exceeds one hundred thousand at the regular municipal election
immediately preceding the expiration of the term of the present
clerk, the clerk shall be nominated and elected by the qualified
electors of the territory in the manner that is provided for the
nomination and election of judges in section 1901.07 of the Revised
Code.

The
clerk so elected shall hold office for a term of six years, which
term shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.

(b)
In the Hamilton county municipal court, the clerk of courts of
Hamilton county shall be the clerk of the municipal court and may
appoint an assistant clerk who shall receive the compensation,
payable out of the treasury of Hamilton county in semimonthly
installments, that the board of county commissioners prescribes. The
clerk of courts of Hamilton county, acting as the clerk of the
Hamilton county municipal court and assuming the duties of that
office, shall receive compensation at one-fourth the rate that is
prescribed for the clerks of courts of common pleas as determined in
accordance with the population of the county and the rates set forth
in sections 325.08 and 325.18 of the Revised Code. This compensation
shall be paid from the county treasury in semimonthly installments
and is in addition to the annual compensation that is received for
the performance of the duties of the clerk of courts of Hamilton
county, as provided in sections 325.08 and 325.18 of the Revised
Code.

(c)
In the Portage county and Wayne county municipal courts, the clerks
of courts of Portage county and Wayne county shall be the clerks,
respectively, of the Portage county and Wayne county municipal courts
and may appoint a chief deputy clerk for each branch that is
established pursuant to section 1901.311 of the Revised Code and
assistant clerks as the judges of the municipal court determine are
necessary, all of whom shall receive the compensation that the
legislative authority prescribes. The clerks of courts of Portage
county and Wayne county, acting as the clerks of the Portage county
and Wayne county municipal courts and assuming the duties of these
offices, shall receive compensation payable from the county treasury
in semimonthly installments at one-fourth the rate that is prescribed
for the clerks of courts of common pleas as determined in accordance
with the population of the county and the rates set forth in sections
325.08 and 325.18 of the Revised Code.

(d)
In the Montgomery county and Miami county municipal courts, the
clerks of courts of Montgomery county and Miami county shall be the
clerks, respectively, of the Montgomery county and Miami county
municipal courts. The clerks of courts of Montgomery county and Miami
county, acting as the clerks of the Montgomery county and Miami
county municipal courts and assuming the duties of these offices,
shall receive compensation at one-fourth the rate that is prescribed
for the clerks of courts of common pleas as determined in accordance
with the population of the county and the rates set forth in sections
325.08 and 325.18 of the Revised Code. This compensation shall be
paid from the county treasury in semimonthly installments and is in
addition to the annual compensation that is received for the
performance of the duties of the clerks of courts of Montgomery
county and Miami county, as provided in sections 325.08 and 325.18 of
the Revised Code.

(e)
Except as otherwise provided in division (A)(1)(e) of this section,
in the Akron municipal court, candidates for election to the office
of clerk of the court shall be nominated by primary election. The
primary election shall be held on the day specified in the charter of
the city of Akron for the nomination of municipal officers.
Notwithstanding any contrary provision of section 3513.05 or 3513.257
of the Revised Code, the declarations of candidacy and petitions of
partisan candidates and the nominating petitions of independent
candidates for the office of clerk of the Akron municipal court shall
be signed by at least fifty qualified electors of the territory of
the court.

The
candidates shall file a declaration of candidacy and petition, or a
nominating petition, whichever is applicable, not later than four
p.m. of the ninetieth day before the day of the primary election, in
the form prescribed by section 3513.07 or 3513.261 of the Revised
Code. The declaration of candidacy and petition, or the nominating
petition, shall conform to the applicable requirements of section
3513.05 or 3513.257 of the Revised Code.

If
no valid declaration of candidacy and petition is filed by any person
for nomination as a candidate of a particular political party for
election to the office of clerk of the Akron municipal court, a
primary election shall not be held for the purpose of nominating a
candidate of that party for election to that office. If only one
person files a valid declaration of candidacy and petition for
nomination as a candidate of a particular political party for
election to that office, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to that
office, and the candidate shall be issued a certificate of nomination
in the manner set forth in section 3513.02 of the Revised Code.

Declarations
of candidacy and petitions, nominating petitions, and certificates of
nomination for the office of clerk of the Akron municipal court shall
contain a designation of the term for which the candidate seeks
election. At the following regular municipal election, all candidates
for the office shall be submitted to the qualified electors of the
territory of the court in the manner that is provided in section
1901.07 of the Revised Code for the election of the judges of the
court. The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the clerk's election and continue until the clerk's
successor is elected and qualified.

(f)
Except as otherwise provided in division (A)(1)(f) of this section,
in the Barberton municipal court, candidates for election to the
office of clerk of the court shall be nominated by primary election.
The primary election shall be held on the day specified in the
charter of the city of Barberton for the nomination of municipal
officers. Notwithstanding any contrary provision of section 3513.05
or 3513.257 of the Revised Code, the declarations of candidacy and
petitions of partisan candidates and the nominating petitions of
independent candidates for the office of clerk of the Barberton
municipal court shall be signed by at least fifty qualified electors
of the territory of the court.

The
candidates shall file a declaration of candidacy and petition, or a
nominating petition, whichever is applicable, not later than four
p.m. of the ninetieth day before the day of the primary election, in
the form prescribed by section 3513.07 or 3513.261 of the Revised
Code. The declaration of candidacy and petition, or the nominating
petition, shall conform to the applicable requirements of section
3513.05 or 3513.257 of the Revised Code.

If
no valid declaration of candidacy and petition is filed by any person
for nomination as a candidate of a particular political party for
election to the office of clerk of the Barberton municipal court, a
primary election shall not be held for the purpose of nominating a
candidate of that party for election to that office. If only one
person files a valid declaration of candidacy and petition for
nomination as a candidate of a particular political party for
election to that office, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to that
office, and the candidate shall be issued a certificate of nomination
in the manner set forth in section 3513.02 of the Revised Code.

Declarations
of candidacy and petitions, nominating petitions, and certificates of
nomination for the office of clerk of the Barberton municipal court
shall contain a designation of the term for which the candidate seeks
election. At the following regular municipal election, all candidates
for the office shall be submitted to the qualified electors of the
territory of the court in the manner that is provided in section
1901.07 of the Revised Code for the election of the judges of the
court. The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the clerk's election and continue until the clerk's
successor is elected and qualified.

(g)(i)
Through December 31, 2008, except as otherwise provided in division
(A)(1)(g)(i) of this section, in the Cuyahoga Falls municipal court,
candidates for election to the office of clerk of the court shall be
nominated by primary election. The primary election shall be held on
the day specified in the charter of the city of Cuyahoga Falls for
the nomination of municipal officers. Notwithstanding any contrary
provision of section 3513.05 or 3513.257 of the Revised Code, the
declarations of candidacy and petitions of partisan candidates and
the nominating petitions of independent candidates for the office of
clerk of the Cuyahoga Falls municipal court shall be signed by at
least fifty qualified electors of the territory of the court.

The
candidates shall file a declaration of candidacy and petition, or a
nominating petition, whichever is applicable, not later than four
p.m. of the ninetieth day before the day of the primary election, in
the form prescribed by section 3513.07 or 3513.261 of the Revised
Code. The declaration of candidacy and petition, or the nominating
petition, shall conform to the applicable requirements of section
3513.05 or 3513.257 of the Revised Code.

If
no valid declaration of candidacy and petition is filed by any person
for nomination as a candidate of a particular political party for
election to the office of clerk of the Cuyahoga Falls municipal
court, a primary election shall not be held for the purpose of
nominating a candidate of that party for election to that office. If
only one person files a valid declaration of candidacy and petition
for nomination as a candidate of a particular political party for
election to that office, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to that
office, and the candidate shall be issued a certificate of nomination
in the manner set forth in section 3513.02 of the Revised Code.

Declarations
of candidacy and petitions, nominating petitions, and certificates of
nomination for the office of clerk of the Cuyahoga Falls municipal
court shall contain a designation of the term for which the candidate
seeks election. At the following regular municipal election, all
candidates for the office shall be submitted to the qualified
electors of the territory of the court in the manner that is provided
in section 1901.07 of the Revised Code for the election of the judges
of the court. The clerk so elected shall hold office for a term of
six years, which term shall commence on the first day of January
following the clerk's election and continue until the clerk's
successor is elected and qualified.

(ii)
Division (A)(1)(g)(i) of this section shall have no effect after
December 31, 2008.

(h)
Except as otherwise provided in division (A)(1)(h) of this section,
in the Toledo municipal court, candidates for election to the office
of clerk of the court shall be nominated by primary election. The
primary election shall be held on the day specified in the charter of
the city of Toledo for the nomination of municipal officers.
Notwithstanding any contrary provision of section 3513.05 or 3513.257
of the Revised Code, the declarations of candidacy and petitions of
partisan candidates and the nominating petitions of independent
candidates for the office of clerk of the Toledo municipal court
shall be signed by at least fifty qualified electors of the territory
of the court.

The
candidates shall file a declaration of candidacy and petition, or a
nominating petition, whichever is applicable, not later than four
p.m. of the ninetieth day before the day of the primary election, in
the form prescribed by section 3513.07 or 3513.261 of the Revised
Code. The declaration of candidacy and petition, or the nominating
petition, shall conform to the applicable requirements of section
3513.05 or 3513.257 of the Revised Code.

If
no valid declaration of candidacy and petition is filed by any person
for nomination as a candidate of a particular political party for
election to the office of clerk of the Toledo municipal court, a
primary election shall not be held for the purpose of nominating a
candidate of that party for election to that office. If only one
person files a valid declaration of candidacy and petition for
nomination as a candidate of a particular political party for
election to that office, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to that
office, and the candidate shall be issued a certificate of nomination
in the manner set forth in section 3513.02 of the Revised Code.

Declarations
of candidacy and petitions, nominating petitions, and certificates of
nomination for the office of clerk of the Toledo municipal court
shall contain a designation of the term for which the candidate seeks
election. At the following regular municipal election, all candidates
for the office shall be submitted to the qualified electors of the
territory of the court in the manner that is provided in section
1901.07 of the Revised Code for the election of the judges of the
court. The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the clerk's election and continue until the clerk's
successor is elected and qualified.

(i)
In the Columbiana county municipal court, the clerk of courts of
Columbiana county shall be the clerk of the municipal court, may
appoint a chief deputy clerk for each branch office that is
established pursuant to section 1901.311 of the Revised Code, and may
appoint any assistant clerks that the judges of the court determine
are necessary. All of the chief deputy clerks and assistant clerks
shall receive the compensation that the legislative authority
prescribes. The clerk of courts of Columbiana county, acting as the
clerk of the Columbiana county municipal court and assuming the
duties of that office, shall receive in either biweekly installments
or semimonthly installments, as determined by the payroll
administrator, compensation payable from the county treasury at
one-fourth the rate that is prescribed for the clerks of courts of
common pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of the
Revised Code.

(2)(a)
Except for the Alliance, Auglaize county, Brown county, Holmes
county, Perry county, Putnam county, Lima, Lorain, Massillon, and
Youngstown municipal courts, in a municipal court for which the
population of the territory is less than one hundred thousand, the
clerk shall be appointed by the court, and the clerk shall hold
office until the clerk's successor is appointed and qualified.

(b)
In the Alliance, Lima, Lorain, Massillon, and Youngstown municipal
courts, the clerk shall be elected for a term of office as described
in division (A)(1)(a) of this section.

(c)
In the Auglaize county, Brown county, Holmes county, Perry county,
and Putnam county municipal courts, the clerks of courts of Auglaize
county, Brown county, Holmes county, Perry county, and Putnam county
shall be the clerks, respectively, of the Auglaize county, Brown
county, Holmes county, Perry county, and Putnam county municipal
courts and may appoint a chief deputy clerk for each branch office
that is established pursuant to section 1901.311 of the Revised Code,
and assistant clerks as the judge of the court determines are
necessary, all of whom shall receive the compensation that the
legislative authority prescribes. The clerks of courts of Auglaize
county, Brown county, Holmes county, Perry county, and Putnam county,
acting as the clerks of the Auglaize county, Brown county, Holmes
county, Perry county, and Putnam county municipal courts and assuming
the duties of these offices, shall receive compensation payable from
the county treasury in semimonthly installments at one-fourth the
rate that is prescribed for the clerks of courts of common pleas as
determined in accordance with the population of the county and the
rates set forth in sections 325.08 and 325.18 of the Revised Code.

(3)
During the temporary absence of the clerk due to illness, vacation,
or other proper cause, the court may appoint a temporary clerk, who
shall be paid the same compensation, have the same authority, and
perform the same duties as the clerk.

(B)
Except in the Hamilton county, Montgomery county, Miami county,
Portage county, and Wayne county municipal courts, if a vacancy
occurs in the office of the clerk of the Alliance, Lima, Lorain,
Massillon, or Youngstown municipal court or occurs in the office of
the clerk of a municipal court for which the population of the
territory equals or exceeds one hundred thousand because the clerk
ceases to hold the office before the end of the clerk's term or
because a clerk-elect fails to take office, the vacancy shall be
filled, until a successor is elected and qualified, by a person
chosen by the residents of the territory of the court who are members
of the county central committee of the political party by which the
last occupant of that office or the clerk-elect was nominated. Not
less than five nor more than fifteen days after a vacancy occurs,
those members of that county central committee shall meet to make an
appointment to fill the vacancy. At least four days before the date
of the meeting, the chairperson or a secretary of the county central
committee shall notify each such member of that county central
committee by first class mail of the date, time, and place of the
meeting and its purpose. A majority of all such members of that
county central committee constitutes a quorum, and a majority of the
quorum is required to make the appointment. If the office so vacated
was occupied or was to be occupied by a person not nominated at a
primary election, or if the appointment was not made by the committee
members in accordance with this division, the court shall make an
appointment to fill the vacancy. A successor shall be elected to fill
the office for the unexpired term at the first municipal election
that is held more than one hundred thirty-five days after the vacancy
occurred.

(C)(1)
In a municipal court, other than the Auglaize county, the Brown
county, the Holmes county, the Perry county, the Putnam county, and
the Lorain municipal courts, for which the population of the
territory is less than one hundred thousand, the clerk of the
municipal court shall receive the annual compensation that the
presiding judge of the court prescribes, if the revenue of the court
for the preceding calendar year, as certified by the auditor or chief
fiscal officer of the municipal corporation in which the court is
located or, in the case of a county-operated municipal court, the
county auditor, is equal to or greater than the expenditures,
including any debt charges, for the operation of the court payable
under this chapter from the city treasury or, in the case of a
county-operated municipal court, the county treasury for that
calendar year, as also certified by the auditor or chief fiscal
officer. If the revenue of a municipal court, other than the Auglaize
county, the Brown county, the Columbiana county, the Perry county,
the Putnam county, and the Lorain municipal courts, for which the
population of the territory is less than one hundred thousand for the
preceding calendar year as so certified is not equal to or greater
than those expenditures for the operation of the court for that
calendar year as so certified, the clerk of a municipal court shall
receive the annual compensation that the legislative authority
prescribes. As used in this division, "revenue" means the
total of all costs and fees that are collected and paid to the city
treasury or, in a county-operated municipal court, the county
treasury by the clerk of the municipal court under division (F) of
this section and all interest received and paid to the city treasury
or, in a county-operated municipal court, the county treasury in
relation to the costs and fees under division (G) of this section.

(2)
In a municipal court, other than the Columbiana county, Hamilton
county, Montgomery county, Miami county, Portage county, and Wayne
county municipal courts, for which the population of the territory is
one hundred thousand or more, and in the Lorain municipal court, the
clerk of the municipal court shall receive annual compensation in a
sum equal to eighty-five per cent of the salary of a judge of the
court.

(3)
The compensation of a clerk described in division (C)(1) or (2) of
this section and of the clerk of the Columbiana county municipal
court is payable in either semimonthly installments or biweekly
installments, as determined by the payroll administrator, from the
same sources and in the same manner as provided in section 1901.11 of
the Revised Code, except that the compensation of the clerk of the
Carroll county municipal court is payable in biweekly installments.

(D)
Before entering upon the duties of the clerk's office, the clerk of a
municipal court shall give bond of not less than six thousand dollars
to be determined by the judges of the court, conditioned upon the
faithful performance of the clerk's duties.

(E)
The clerk of a municipal court may do all of the following:
administer oaths, take affidavits, and issue executions upon any
judgment rendered in the court, including a judgment for unpaid
costs; issue, sign, and attach the seal of the court to all writs,
process, subpoenas, and papers issuing out of the court; and approve
all bonds, sureties, recognizances, and undertakings fixed by any
judge of the court or by law. The clerk may refuse to accept for
filing any pleading or paper submitted for filing by a person who has
been found to be a vexatious litigator under section 2323.52 of the
Revised Code and who has failed to obtain leave to proceed under that
section. The clerk shall do all of the following: file and safely
keep all journals, records, books, and papers belonging or
appertaining to the court; record the proceedings of the court;
perform all other duties that the judges of the court may prescribe;
and keep a book showing all receipts and disbursements, which book
shall be open for public inspection at all times.

The
clerk shall prepare and maintain a general index, a docket, and other
records that the court, by rule, requires, all of which shall be the
public records of the court. In the docket, the clerk shall enter, at
the time of the commencement of an action, the names of the parties
in full, the names of the counsel, and the nature of the proceedings.
Under proper dates, the clerk shall note the filing of the complaint,
issuing of summons or other process, returns, and any subsequent
pleadings. The clerk also shall enter all reports, verdicts, orders,
judgments, and proceedings of the court, clearly specifying the
relief granted or orders made in each action. The court may order an
extended record of any of the above to be made and entered, under the
proper action heading, upon the docket at the request of any party to
the case, the expense of which record may be taxed as costs in the
case or may be required to be prepaid by the party demanding the
record, upon order of the court.

(F)
The clerk of a municipal court shall receive, collect, and issue
receipts for all costs, fees, fines, bail, and other moneys payable
to the office or to any officer of the court. The clerk shall on or
before the twentieth day of the month following the month in which
they are collected disburse to the proper persons or officers, and
take receipts for, all costs, fees, fines, bail, and other moneys
that the clerk collects. Subject to sections 307.515 and 4511.193 of
the Revised Code and to any other section of the Revised Code that
requires a specific manner of disbursement of any moneys received by
a municipal court and except for the Hamilton county, Lawrence
county, and Ottawa county municipal courts, the clerk shall pay all
fines received for violation of municipal ordinances into the
treasury of the municipal corporation the ordinance of which was
violated and shall pay all fines received for violation of township
resolutions adopted pursuant to section 503.52 or 503.53 or Chapter
504. of the Revised Code into the treasury of the township the
resolution of which was violated. Subject to sections 1901.024 and
4511.193 of the Revised Code, in the Hamilton county, Lawrence
county, and Ottawa county municipal courts, the clerk shall pay fifty
per cent of the fines received for violation of municipal ordinances
and fifty per cent of the fines received for violation of township
resolutions adopted pursuant to section 503.52 or 503.53 or Chapter
504. of the Revised Code into the treasury of the county. Subject to
sections 307.515, 4511.19, and 5503.04 of the Revised Code and to any
other section of the Revised Code that requires a specific manner of
disbursement of any moneys received by a municipal court, the clerk
shall pay all fines collected for the violation of state laws into
the county treasury. Except in a county-operated municipal court, the
clerk shall pay all costs and fees the disbursement of which is not
otherwise provided for in the Revised Code into the city treasury.
The clerk of a county-operated municipal court shall pay the costs
and fees the disbursement of which is not otherwise provided for in
the Revised Code into the county treasury. Moneys deposited as
security for costs shall be retained pending the litigation.
The
clerk shall keep a separate account of all receipts and disbursements
in civil and criminal cases, which shall be a permanent public record
of the office. On the expiration of the term of the clerk, the clerk
shall deliver the records to the clerk's successor.
The
clerk shall have other powers and duties as are prescribed by rule or
order of the court.

(G)
All moneys paid into a municipal court shall be noted on the record
of the case in which they are paid and shall be deposited in a state
or national bank, as defined in section 1101.01 of the Revised Code,
that is selected by the clerk. Any interest received upon the
deposits shall be paid into the city treasury, except that, in a
county-operated municipal court, the interest shall be paid into the
treasury of the county in which the court is located.

On
the first Monday in January of each year, the clerk shall make a list
of the titles of all cases in the court that were finally determined
more than one year past in which there remains unclaimed in the
possession of the clerk any funds, or any part of a deposit for
security of costs not consumed by the costs in the case. The clerk
shall give notice of the moneys to the parties who are entitled to
the moneys or to their attorneys of record. All the moneys remaining
unclaimed that are for restitution payments for crime victims shall
be sent to the reparations fund created under section 2743.191 of the
Revised Code, with a list from the clerk or other officer responsible
for the collection and distribution of restitution payments
specifying the amounts and individual identifying information of the
funds. All other moneys remaining unclaimed on the first day of April
of each year shall be paid by the clerk to the city treasurer, except
that, in a county-operated municipal court, the moneys shall be paid
to the treasurer of the county in which the court is located. The
treasurer shall pay any part of the moneys at any time to the person
who has the right to the moneys upon proper certification of the
clerk.

(H)
Deputy clerks of a municipal court other than the Carroll county
municipal court may be appointed by the clerk and shall receive the
compensation, payable in either biweekly installments or semimonthly
installments, as determined by the payroll administrator, out of the
city treasury, that the clerk may prescribe, except that the
compensation of any deputy clerk of a county-operated municipal court
shall be paid out of the treasury of the county in which the court is
located. The judge of the Carroll county municipal court may appoint
deputy clerks for the court, and the deputy clerks shall receive the
compensation, payable in biweekly installments out of the county
treasury, that the judge may prescribe. Each deputy clerk shall take
an oath of office before entering upon the duties of the deputy
clerk's office and, when so qualified, may perform the duties
appertaining to the office of the clerk. The clerk may require any of
the deputy clerks to give bond of not less than three thousand
dollars, conditioned for the faithful performance of the deputy
clerk's duties.

(I)
For the purposes of this section, whenever the population of the
territory of a municipal court falls below one hundred thousand but
not below ninety thousand, and the population of the territory prior
to the most recent regular federal census exceeded one hundred
thousand, the legislative authority of the municipal corporation may
declare, by resolution, that the territory shall be considered to
have a population of at least one hundred thousand.

(J)
The clerk or a deputy clerk shall be in attendance at all sessions of
the municipal court, although not necessarily in the courtroom, and
may administer oaths to witnesses and jurors and receive verdicts.

Sec.
1907.20.
(A)
The clerk of courts shall be the clerk of the county court, except
that the board of county commissioners, with the concurrence of the
county court judges, may appoint a clerk for each county court judge,
who shall serve at the pleasure of the board and shall receive
compensation as set by the board, payable in semimonthly installments
from the treasury of the county. Except as otherwise provided in
section 3.061 of the Revised Code, an appointed clerk, before
entering upon the duties of the office, shall give bond of not less
than five thousand dollars, as determined by the board of county
commissioners, conditioned upon the faithful performance of the
clerk's duties.

The
clerks of courts of common pleas, when acting as the clerks of county
courts, and upon assuming their county court duties, shall receive
compensation at one-fourth the rate prescribed for the clerks of
courts of common pleas as determined in accordance with the
population of the county and the rates set forth in sections 325.08
and 325.18 of the Revised Code. This compensation shall be paid from
the county treasury in semimonthly installments and is in addition to
the annual compensation received for the performance of the duties of
the clerk of a court of common pleas as provided in sections 325.08
and 325.18 of the Revised Code.

(B)
The clerk of a county court shall have general powers to administer
oaths, take affidavits, and issue executions upon any judgment
rendered in the county court, including a judgment for unpaid costs,
power to issue and sign all writs, process, subpoenas, and papers
issuing out of the court, and to attach the seal of the court to
them, and power to approve all bonds, sureties, recognizances, and
undertakings fixed by any judge of the court or by law. The clerk
shall file and safely keep all journals, records, books, and papers
belonging or appertaining to the court, record its proceedings,
perform all other duties that the judges of the court may prescribe,
and keep a book showing all receipts and disbursements, which shall
be open for public inspection at all times. The clerk may refuse to
accept for filing any pleading or paper submitted for filing by a
person who has been found to be a vexatious litigator under section
2323.52 of the Revised Code and who has failed to obtain leave to
proceed under that section.

The
clerk shall prepare and maintain a general index, a docket as
prescribed by the court, which shall be furnished by the board of
county commissioners, and such other records as the court, by rule,
requires, all of which shall be the public records of the court. In
the docket, the clerk shall enter at times of the commencement of an
action, the names of the parties in full, the names of the counsel,
and the nature of the proceedings. Under proper dates, the clerk
shall note the filing of the complaint, issuing of summons or other
process, returns, and pleadings subsequent thereto. The clerk also
shall enter all reports, verdicts, orders, judgments, and proceedings
of the court, clearly specifying the relief granted or orders made in
each action. The court may order an extended record of any of the
above to be made and entered, under the proper action heading, upon
the docket at the request of any party to the case, the expense of
which may be taxed as costs in the case or may be required to be
prepaid by the party demanding the extended record, upon order of the
court.

(C)
The clerk of a county court shall receive and collect all costs,
fees, fines, penalties, bail, and other moneys payable to the office
or to any officer of the court and issue receipts therefor, and shall
on or before the twentieth day of the month following the month in
which they are collected disburse the costs, fees, fines, penalties,
bail, and other moneys to the proper persons or officers and take
receipts therefor. Subject to sections 307.515, 4511.19, 4511.193,
and 5503.04 of the Revised Code and all other statutes that require a
different distribution of fines, fines received for violations of
municipal ordinances shall be paid into the treasury of the municipal
corporation whose ordinance was violated, fines received for
violations of township resolutions adopted pursuant to section 503.52
or 503.53 or Chapter 504. of the Revised Code shall be paid into the
treasury of the township whose resolution was violated, and fines
collected for the violation of state laws shall be paid into the
county treasury. Moneys deposited as security for costs shall be
retained pending the litigation.

The
clerk shall keep a separate account of all receipts and disbursements
in civil and criminal cases. The separate account shall be a
permanent public record of the office. On the expiration of a clerk's
term, those records shall be delivered to the clerk's successor.

The
clerk shall have such other powers and duties as are prescribed by
rule or order of the court.

(D)
All moneys paid into a county court shall be noted on the record of
the case in which they are paid and shall be deposited in a state or
national bank selected by the clerk. On the first Monday in January
of each year, the clerk shall make a list of the titles of all cases
in the county court that were finally determined more than one year
past in which there remains unclaimed in the possession of the clerk
any funds, or any part of a deposit for security of costs not
consumed by the costs in the case. The clerk shall give notice of the
moneys to the parties entitled to them or to their attorneys of
record. All the moneys remaining unclaimed that are for restitution
payments for crime victims shall be sent to the reparations fund
created under section 2743.191 of the Revised Code, with a list from
the clerk or other officer responsible for the collection and
distribution of restitution payments specifying the amounts and
individual identifying information of the funds. All other moneys
remaining unclaimed on the first day of April of each year shall be
paid by the clerk to the county treasurer. Any part of the moneys
shall be paid by the county treasurer at any time to the person
having the right to them, upon proper certification of the clerk.

(E)(1)
In county court districts having appointed clerks, deputy clerks may
be appointed by the board of county commissioners. Clerks and deputy
clerks shall receive such compensation payable in semimonthly
installments out of the county treasury as the board may prescribe.
Each deputy clerk shall take an oath of office before entering upon
the duties of the deputy clerk's office and, when so qualified, may
perform the duties appertaining to the office of the clerk. The clerk
may require any of the deputy clerks to give bond of not less than
three thousand dollars, conditioned for the faithful performance of
the deputy clerk's duties.

(2)
A clerk of courts acting as clerk of the county court may appoint
deputy clerks to perform the duties pertaining to the office of clerk
of the county court. Each deputy clerk shall take an oath of office
before entering upon the deputy clerk's duties, and the clerk of
courts may require the deputy clerk to give bond of not less than
three thousand dollars, conditioned for the faithful performance of
the deputy clerk's duties.

(3)
The clerk or a deputy clerk of a county court shall be in attendance
at all sessions of the court, although not necessarily in the
courtroom, and may administer oaths to witnesses and jurors and
receive verdicts.

(F)(1)
In county court districts having appointed clerks, the board of
county commissioners may order the establishment of one or more
branch offices of the clerk and, with the concurrence of the county
judges, may appoint a special deputy clerk to administer each branch
office. Each special deputy clerk shall take an oath of office before
entering upon the duties of the deputy clerk's office and, when so
qualified, may perform any one or more of the duties appertaining to
the office of clerk, as the board prescribes. Special deputy clerks
shall receive such compensation payable in semimonthly installments
out of the county treasury as the board may prescribe. Except as
otherwise provided in section 3.061 of the Revised Code, the board
may require any of the special deputy clerks to give bond of not less
than three thousand dollars, conditioned for the faithful performance
of the deputy clerk's duties.

The
board of county commissioners may authorize the clerk of the county
court to operate one or more branch offices, to divide the clerk's
time between the offices, and to perform duties appertaining to the
office of clerk in locations that the board prescribes.

(2)
A clerk of courts acting as clerk of the county court may establish
one or more branch offices for the clerk's duties as clerk of the
county court and, with the concurrence of the county court judges,
may appoint a special deputy clerk to administer each branch office.
Each special deputy clerk shall take an oath of office before
entering upon the deputy clerk's duties and, when so qualified, may
perform any of the duties pertaining to the office of clerk, as the
clerk of courts prescribes. The clerk of courts may require any of
the special deputy clerks to give bond of not less than three
thousand dollars, conditioned for the faithful performance of the
deputy clerk's duties.

(G)
The clerk of courts of the county shall fix the compensation of
deputy clerks and special deputy clerks appointed by the clerk
pursuant to this section. Those personnel shall be paid and be
subject to the same requirements as other employees of the clerk
under the provisions of section 325.17 of the Revised Code insofar as
that section is applicable.

Sec.
2111.011.
(A)
The clerk of the probate court shall furnish a guardianship guide,
prepared either by the attorney general with the approval of the Ohio
judicial conference or by the Ohio judicial conference under division
(B) of this section, to a guardian at either of the following times,
whichever is applicable:

(1)
Upon the appointment of the guardian under section 2111.02 of the
Revised Code;

(2)
If the guardian was appointed prior to the effective date of this
section, upon the first filing by the guardian with the probate court
of either of the following, as applicable, after that effective date:

(a)
A guardian's account, other than a final account, that is required to
be filed under section 2109.302 of the Revised Code;

(b)
A guardian's report that is required to be filed under section
2111.49 of the Revised Code.

(B)(1)
If the attorney general subsequently prepares any updated version of
the guardianship guide, the updated guide shall include the rights of
a ward as stated in any relevant provision of the Revised Code that
is then current. The clerk of the probate court shall furnish the
most recent version of the guide to a guardian at either of the
following times, whichever is applicable:

(a)
Upon the appointment of the guardian under section 2111.02 of the
Revised Code after the most recent version of the guide is prepared;

(b)
If the guardian was appointed prior to the date of the most recent
version of the guide, upon the first filing by the guardian with the
probate court of either of the documents described in divisions
(A)(2)(a) and (b) of this section, as applicable, after that date.

(2)
In the alternative, the Ohio judicial conference may create, at their
cost, an alternative guardianship guide for use in all probate
courts. The alternative guardianship guide shall be distributed in
accordance with all provisions contained in this act. The court shall
furnish this alternative guardianship guide in accordance with the
provisions of this section.

(C)
The probate court shall establish a form for a guardian to sign
acknowledging that the guardian received a guardianship guide
pursuant to this section.

(D)
Upon receiving a guardianship guide, the guardian shall sign the form
specified in division (C) of this section. The signed form shall be
kept
permanently
in the guardianship file of the probate court
in
accordance with the Rules of Superintendence for the Courts of Ohio
.

Sec.
2307.23.
(A)
In determining the percentage of tortious conduct attributable to a
party in a tort action under section 2307.22 or sections 2315.32 to
2315.36 of the Revised Code, the court in a nonjury action shall make
findings of fact, and the jury in a jury action shall return a
general verdict accompanied by answers to interrogatories, that shall
specify all of the following:

(1)
The percentage of tortious conduct that proximately caused the injury
or loss to person or property or the wrongful death that is
attributable to the plaintiff and to each party to the tort action
from whom the plaintiff seeks recovery in this action;

(2)
The percentage of tortious conduct that proximately caused the injury
or loss to person or property or the wrongful death that is
attributable to each person from whom the plaintiff does not seek
recovery in this action.

(B)
The sum of the percentages of tortious conduct as determined pursuant
to division (A) of this section shall equal one hundred per cent.

(C)
For purposes of division (A)(2) of this section, it is an affirmative
defense for each party to the tort action from whom the plaintiff
seeks recovery in this action that a specific percentage of the
tortious conduct that proximately caused the injury or loss to person
or property or the wrongful death is attributable to one or more
persons from whom the plaintiff does not seek recovery in this
action. Any party to the tort action from whom the plaintiff seeks
recovery in this action may raise an affirmative defense under this
division
at
any time before the trial of the action
in
accordance with the Rules of Civil Procedure and other rules of
practice and procedure applicable to civil actions
.

Sec.
2317.02.
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, if the client is deceased, by the express consent of
the surviving spouse or the executor or administrator of the estate
of the deceased client. However, if the client voluntarily reveals
the substance of attorney-client communications in a nonprivileged
context or is deemed by section 2151.421 of the Revised Code to have
waived any testimonial privilege under this division, the attorney
may be compelled to testify on the same subject.

The
testimonial privilege established under this division does not apply
concerning either of the following:

(a)
A communication between a client in a capital case, as defined in
section 2901.02 of the Revised Code, and the client's attorney if the
communication is relevant to a subsequent ineffective assistance of
counsel claim by the client alleging that the attorney did not
effectively represent the client in the case;

(b)
A communication between a client who has since died and the deceased
client's attorney if the communication is relevant to a dispute
between parties who claim through that deceased client, regardless of
whether the claims are by testate or intestate succession or by inter
vivos transaction, and the dispute addresses the competency of the
deceased client when the deceased client executed a document that is
the basis of the dispute or whether the deceased client was a victim
of fraud, undue influence, or duress when the deceased client
executed a document that is the basis of the dispute.

(2)
An attorney, concerning a communication made to the attorney by a
client in that relationship or the attorney's advice to a client,
except that if the client is an insurance company, the attorney may
be compelled to testify, subject to an in camera inspection by a
court, about communications made by the client to the attorney or by
the attorney to the client that are related to the attorney's aiding
or furthering an ongoing or future commission of bad faith by the
client, if the party seeking disclosure of the communications has
made a prima-facie showing of bad faith, fraud, or criminal
misconduct by the client.

(B)(1)
A physician, advanced practice registered nurse, or dentist
concerning a communication made to the physician, advanced practice
registered nurse, or dentist by a patient in that relation or the
advice of a physician, advanced practice registered nurse, or dentist
given to a patient, except as otherwise provided in this division,
division (B)(2), and division (B)(3) of this section, and except
that, if the patient is deemed by section 2151.421 of the Revised
Code to have waived any testimonial privilege under this division,
the physician or advanced practice registered nurse may be compelled
to testify on the same subject.

The
testimonial privilege established under this division does not apply,
and a physician, advanced practice registered nurse, or dentist may
testify or may be compelled to testify, in any of the following
circumstances:

(a)
In any civil action, in accordance with the discovery provisions of
the Rules of Civil Procedure in connection with a civil action, or in
connection with a claim under Chapter 4123. of the Revised Code,
under any of the following circumstances:

(i)
If the patient or the guardian or other legal representative of the
patient gives express consent;

(ii)
If the patient is deceased, the spouse of the patient or the executor
or administrator of the patient's estate gives express consent;

(iii)
If a medical claim, dental claim, chiropractic claim, or optometric
claim, as defined in section 2305.113 of the Revised Code, an action
for wrongful death, any other type of civil action, or a claim under
Chapter 4123. of the Revised Code is filed by the patient, the
personal representative of the estate of the patient if deceased, or
the patient's guardian or other legal representative.

(b)
In any civil action concerning court-ordered treatment or services
received by a patient, if the court-ordered treatment or services
were ordered as part of a case plan journalized under section
2151.412 of the Revised Code or the court-ordered treatment or
services are necessary or relevant to dependency, neglect, or abuse
or temporary or permanent custody proceedings under Chapter 2151. of
the Revised Code.

(c)
In any criminal action concerning any test or the results of any test
that determines the presence or concentration of alcohol, a drug of
abuse, a combination of them, a controlled substance, or a metabolite
of a controlled substance in the patient's whole blood, blood serum
or plasma, breath, urine, or other bodily substance at any time
relevant to the criminal offense in question.

(d)
In any criminal action against a physician, advanced practice
registered nurse, or dentist. In such an action, the testimonial
privilege established under this division does not prohibit the
admission into evidence, in accordance with the Rules of Evidence, of
a patient's medical or dental records or other communications between
a patient and the physician, advanced practice registered nurse, or
dentist that are related to the action and obtained by subpoena,
search warrant, or other lawful means. A court that permits or
compels a physician, advanced practice registered nurse, or dentist
to testify in such an action or permits the introduction into
evidence of patient records or other communications in such an action
shall require that appropriate measures be taken to ensure that the
confidentiality of any patient named or otherwise identified in the
records is maintained. Measures to ensure confidentiality that may be
taken by the court include sealing its records or deleting specific
information from its records.

(e)(i)
If the communication was between a patient who has since died and the
deceased patient's physician, advanced practice registered nurse, or
dentist, the communication is relevant to a dispute between parties
who claim through that deceased patient, regardless of whether the
claims are by testate or intestate succession or by inter vivos
transaction, and the dispute addresses the competency of the deceased
patient when the deceased patient executed a document that is the
basis of the dispute or whether the deceased patient was a victim of
fraud, undue influence, or duress when the deceased patient executed
a document that is the basis of the dispute.

(ii)
If neither the spouse of a patient nor the executor or administrator
of that patient's estate gives consent under division (B)(1)(a)(ii)
of this section, testimony or the disclosure of the patient's medical
records by a physician, advanced practice registered nurse, dentist,
or other health care provider under division (B)(1)(e)(i) of this
section is a permitted use or disclosure of protected health
information, as defined in 45 C.F.R. 160.103, and an authorization or
opportunity to be heard shall not be required.

(iii)
Division (B)(1)(e)(i) of this section does not require a mental
health professional to disclose psychotherapy notes, as defined in 45
C.F.R. 164.501.

(iv)
An interested person who objects to testimony or disclosure under
division (B)(1)(e)(i) of this section may seek a protective order
pursuant to Civil Rule 26.

(v)
A person to whom protected health information is disclosed under
division (B)(1)(e)(i) of this section shall not use or disclose the
protected health information for any purpose other than the
litigation or proceeding for which the information was requested and
shall return the protected health information to the covered entity
or destroy the protected health information, including all copies
made, at the conclusion of the litigation or proceeding.

(2)(a)
If any law enforcement officer submits a written statement to a
health care provider that states that an official criminal
investigation has begun regarding a specified person or that a
criminal action or proceeding has been commenced against a specified
person, that requests the provider to supply to the officer copies of
any records the provider possesses that pertain to any test or the
results of any test administered to the specified person to determine
the presence or concentration of alcohol, a drug of abuse, a
combination of them, a controlled substance, or a metabolite of a
controlled substance in the person's whole blood, blood serum or
plasma, breath, or urine at any time relevant to the criminal offense
in question, and that conforms to section 2317.022 of the Revised
Code, the provider, except to the extent specifically prohibited by
any law of this state or of the United States, shall supply to the
officer a copy of any of the requested records the provider
possesses. If the health care provider does not possess any of the
requested records, the provider shall give the officer a written
statement that indicates that the provider does not possess any of
the requested records.

(b)
If a health care provider possesses any records of the type described
in division (B)(2)(a) of this section regarding the person in
question at any time relevant to the criminal offense in question, in
lieu of personally testifying as to the results of the test in
question, the custodian of the records may submit a certified copy of
the records, and, upon its submission, the certified copy is
qualified as authentic evidence and may be admitted as evidence in
accordance with the Rules of Evidence. Division (A) of section
2317.422 of the Revised Code does not apply to any certified copy of
records submitted in accordance with this division. Nothing in this
division shall be construed to limit the right of any party to call
as a witness the person who administered the test to which the
records pertain, the person under whose supervision the test was
administered, the custodian of the records, the person who made the
records, or the person under whose supervision the records were made.

(3)(a)
If the testimonial privilege described in division (B)(1) of this
section does not apply as provided in division (B)(1)(a)(iii) of this
section, a physician, advanced practice registered nurse, or dentist
may be compelled to testify or to submit to discovery under the Rules
of Civil Procedure only as to a communication made to the physician,
advanced practice registered nurse, or dentist by the patient in
question in that relation, or the advice of the physician, advanced
practice registered nurse, or dentist given to the patient in
question, that related causally or historically to physical or mental
injuries that are relevant to issues in the medical claim, dental
claim, chiropractic claim, or optometric claim, action for wrongful
death, other civil action, or claim under Chapter 4123. of the
Revised Code.

(b)
If the testimonial privilege described in division (B)(1) of this
section does not apply to a physician, advanced practice registered
nurse, or dentist as provided in division (B)(1)(c) of this section,
the physician, advanced practice registered nurse, or dentist, in
lieu of personally testifying as to the results of the test in
question, may submit a certified copy of those results, and, upon its
submission, the certified copy is qualified as authentic evidence and
may be admitted as evidence in accordance with the Rules of Evidence.
Division (A) of section 2317.422 of the Revised Code does not apply
to any certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit the
right of any party to call as a witness the person who administered
the test in question, the person under whose supervision the test was
administered, the custodian of the results of the test, the person
who compiled the results, or the person under whose supervision the
results were compiled.

(4)
The testimonial privilege described in division (B)(1) of this
section is not waived when a communication is made by a physician or
advanced practice registered nurse to a pharmacist or when there is
communication between a patient and a pharmacist in furtherance of
the physician-patient or advanced practice registered nurse-patient
relation.

(5)(a)
As used in divisions (B)(1) to (4) of this section, "communication"
means acquiring, recording, or transmitting any information, in any
manner, concerning any facts, opinions, or statements necessary to
enable a physician, advanced practice registered nurse, or dentist to
diagnose, treat, prescribe, or act for a patient. A "communication"
may include, but is not limited to, any medical or dental, office, or
hospital communication such as a record, chart, letter, memorandum,
laboratory test and results, x-ray, photograph, financial statement,
diagnosis, or prognosis.

(b)
As used in division (B)(2) of this section, "health care
provider" means a hospital, ambulatory care facility, long-term
care facility, pharmacy, emergency facility, or health care
practitioner.

(c)
As used in division (B)(5)(b) of this section:

(i)
"Ambulatory care facility" means a facility that provides
medical, diagnostic, or surgical treatment to patients who do not
require hospitalization, including a dialysis center, ambulatory
surgical facility, cardiac catheterization facility, diagnostic
imaging center, extracorporeal shock wave lithotripsy center, home
health agency, inpatient hospice, birthing center, radiation therapy
center, emergency facility, and an urgent care center. "Ambulatory
health care facility" does not include the private office of a
physician, advanced practice registered nurse, or dentist, whether
the office is for an individual or group practice.

(ii)
"Emergency facility" means a hospital emergency department
or any other facility that provides emergency medical services.

(iii)
"Health care practitioner" has the same meaning as in
section 4769.01 of the Revised Code.

(iv)
"Hospital" has the same meaning as in section 3727.01 of
the Revised Code.

(v)
"Long-term care facility" means a nursing home, residential
care facility, or home for the aging, as those terms are defined in
section 3721.01 of the Revised Code; a residential facility licensed
under section 5119.34 of the Revised Code that provides
accommodations, supervision, and personal care services for three to
sixteen unrelated adults; a nursing facility, as defined in section
5165.01 of the Revised Code; a skilled nursing facility, as defined
in section 5165.01 of the Revised Code; and an intermediate care
facility for individuals with intellectual disabilities, as defined
in section 5124.01 of the Revised Code.

(vi)
"Pharmacy" has the same meaning as in section 4729.01 of
the Revised Code.

(d)
As used in divisions (B)(1) and (2) of this section, "drug of
abuse" has the same meaning as in section 4506.01 of the Revised
Code.

(6)
Divisions (B)(1), (2), (3), (4), and (5) of this section apply to
doctors of medicine, doctors of osteopathic medicine, doctors of
podiatry, advanced practice registered nurses, and dentists.

(7)
Nothing in divisions (B)(1) to (6) of this section affects, or shall
be construed as affecting, the immunity from civil liability
conferred by section 307.628 of the Revised Code or the immunity from
civil liability conferred by section 2305.33 of the Revised Code upon
physicians or advanced practice registered nurses who report an
employee's use of a drug of abuse, or a condition of an employee
other than one involving the use of a drug of abuse, to the employer
of the employee in accordance with division (B) of that section. As
used in division (B)(7) of this section, "employee,"
"employer," and "physician" have the same
meanings as in section 2305.33 of the Revised Code and "advanced
practice registered nurse" has the same meaning as in section
4723.01 of the Revised Code.

(C)(1)
A cleric, when the cleric remains accountable to the authority of
that cleric's church, denomination, or sect, concerning a confession
made, or any information confidentially communicated, to the cleric
for a religious counseling purpose in the cleric's professional
character. The cleric may testify by express consent of the person
making the communication, except when the disclosure of the
information is in violation of a sacred trust and except that, if the
person voluntarily testifies or is deemed by division (A)(4)(c) of
section 2151.421 of the Revised Code to have waived any testimonial
privilege under this division, the cleric may be compelled to testify
on the same subject except when disclosure of the information is in
violation of a sacred trust.

(2)
As used in division (C) of this section:

(a)
"Cleric" means a member of the clergy, rabbi, priest,
Christian Science practitioner, or regularly ordained, accredited, or
licensed minister of an established and legally cognizable church,
denomination, or sect.

(b)
"Sacred trust" means a confession or confidential
communication made to a cleric in the cleric's ecclesiastical
capacity in the course of discipline enjoined by the church to which
the cleric belongs, including, but not limited to, the Catholic
Church, if both of the following apply:

(i)
The confession or confidential communication was made directly to the
cleric.

(ii)
The confession or confidential communication was made in the manner
and context that places the cleric specifically and strictly under a
level of confidentiality that is considered inviolate by canon law or
church doctrine.

(D)
Husband or wife, concerning any communication made by one to the
other, or an act done by either in the presence of the other, during
coverture, unless the communication was made, or act done, in the
known presence or hearing of a third person competent to be a
witness; and such rule is the same if the marital relation has ceased
to exist;

(E)
A person who assigns a claim or interest, concerning any matter in
respect to which the person would not, if a party, be permitted to
testify;

(F)
A person who, if a party, would be restricted under section 2317.03
of the Revised Code, when the property or thing is sold or
transferred by an executor, administrator, guardian, trustee, heir,
devisee, or legatee, shall be restricted in the same manner in any
action or proceeding concerning the property or thing.

(G)(1)
(F)(1)

A school guidance counselor who holds a valid educator license from
the state board of education as provided for in section 3319.22 of
the Revised Code, a person licensed under Chapter 4757. of the
Revised Code as a licensed professional clinical counselor, licensed
professional counselor, social worker, independent social worker,
marriage and family therapist or independent marriage and family
therapist, or registered under Chapter 4757. of the Revised Code as a
social work assistant concerning a confidential communication
received from a client in that relation or the person's advice to a
client unless any of the following applies:

(a)
The communication or advice indicates clear and present danger to the
client or other persons. For the purposes of this division, cases in
which there are indications of present or past child abuse or neglect
of the client constitute a clear and present danger.

(b)
The client gives express consent to the testimony.

(c)
If the client is deceased, the surviving spouse or the executor or
administrator of the estate of the deceased client gives express
consent.

(d)
The client voluntarily testifies, in which case the school guidance
counselor or person licensed or registered under Chapter 4757. of the
Revised Code may be compelled to testify on the same subject.

(e)
The court in camera determines that the information communicated by
the client is not germane to the counselor-client, marriage and
family therapist-client, or social worker-client relationship.

(f)
A court, in an action brought against a school, its administration,
or any of its personnel by the client, rules after an in-camera
inspection that the testimony of the school guidance counselor is
relevant to that action.

(g)
The testimony is sought in a civil action and concerns court-ordered
treatment or services received by a patient as part of a case plan
journalized under section 2151.412 of the Revised Code or the
court-ordered treatment or services are necessary or relevant to
dependency, neglect, or abuse or temporary or permanent custody
proceedings under Chapter 2151. of the Revised Code.

(2)
Nothing in division
(G)(1)

(F)(1)

of
this section shall relieve a school guidance counselor or a person
licensed or registered under Chapter 4757. of the Revised Code from
the requirement to report information concerning child abuse or
neglect under section 2151.421 of the Revised Code.

(H)

(G)

A
mediator acting under a mediation order issued under division (A) of
section 3109.052 of the Revised Code or otherwise issued in any
proceeding for divorce, dissolution, legal separation, annulment, or
the allocation of parental rights and responsibilities for the care
of children, in any action or proceeding, other than a criminal,
delinquency, child abuse, child neglect, or dependent child action or
proceeding, that is brought by or against either parent who takes
part in mediation in accordance with the order and that pertains to
the mediation process, to any information discussed or presented in
the mediation process, to the allocation of parental rights and
responsibilities for the care of the parents' children, or to the
awarding of parenting time rights in relation to their children;

(I)

(H)

A
communications assistant, acting within the scope of the
communication assistant's authority, when providing
telecommunications relay service pursuant to section 4931.06 of the
Revised Code or Title II of the "Communications Act of 1934,"
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication made
through a telecommunications relay service. Nothing in this section
shall limit the obligation of a communications assistant to divulge
information or testify when mandated by federal law or regulation or
pursuant to subpoena in a criminal proceeding.

Nothing
in this section shall limit any immunity or privilege granted under
federal law or regulation.

(J)(1)

(I)(1)

A
chiropractor in a civil proceeding concerning a communication made to
the chiropractor by a patient in that relation or the chiropractor's
advice to a patient, except as otherwise provided in this division.
The testimonial privilege established under this division does not
apply, and a chiropractor may testify or may be compelled to testify,
in any civil action, in accordance with the discovery provisions of
the Rules of Civil Procedure in connection with a civil action, or in
connection with a claim under Chapter 4123. of the Revised Code,
under any of the following circumstances:

(a)
If the patient or the guardian or other legal representative of the
patient gives express consent.

(b)
If the patient is deceased, the spouse of the patient or the executor
or administrator of the patient's estate gives express consent.

(c)
If a medical claim, dental claim, chiropractic claim, or optometric
claim, as defined in section 2305.113 of the Revised Code, an action
for wrongful death, any other type of civil action, or a claim under
Chapter 4123. of the Revised Code is filed by the patient, the
personal representative of the estate of the patient if deceased, or
the patient's guardian or other legal representative.

(2)
If the testimonial privilege described in division
(J)(1)

(I)(1)

of
this section does not apply as provided in division
(J)(1)(c)

(I)(1)(c)

of
this section, a chiropractor may be compelled to testify or to submit
to discovery under the Rules of Civil Procedure only as to a
communication made to the chiropractor by the patient in question in
that relation, or the chiropractor's advice to the patient in
question, that related causally or historically to physical or mental
injuries that are relevant to issues in the medical claim, dental
claim, chiropractic claim, or optometric claim, action for wrongful
death, other civil action, or claim under Chapter 4123. of the
Revised Code.

(3)
The testimonial privilege established under this division does not
apply, and a chiropractor may testify or be compelled to testify, in
any criminal action or administrative proceeding.

(4)
As used in this division, "communication" means acquiring,
recording, or transmitting any information, in any manner, concerning
any facts, opinions, or statements necessary to enable a chiropractor
to diagnose, treat, or act for a patient. A communication may
include, but is not limited to, any chiropractic, office, or hospital
communication such as a record, chart, letter, memorandum, laboratory
test and results, x-ray, photograph, financial statement, diagnosis,
or prognosis.

(K)(1)

(J)(1)

Except
as provided under division
(K)(2)

(J)(2)

of
this section, a critical incident stress management team member
concerning a communication received from an individual who receives
crisis response services from the team member, or the team member's
advice to the individual, during a debriefing session.

(2)
The testimonial privilege established under division
(K)(1)

(J)(1)

of
this section does not apply if any of the following are true:

(a)
The communication or advice indicates clear and present danger to the
individual who receives crisis response services or to other persons.
For purposes of this division, cases in which there are indications
of present or past child abuse or neglect of the individual
constitute a clear and present danger.

(b)
The individual who received crisis response services gives express
consent to the testimony.

(c)
If the individual who received crisis response services is deceased,
the surviving spouse or the executor or administrator of the estate
of the deceased individual gives express consent.

(d)
The individual who received crisis response services voluntarily
testifies, in which case the team member may be compelled to testify
on the same subject.

(e)
The court in camera determines that the information communicated by
the individual who received crisis response services is not germane
to the relationship between the individual and the team member.

(f)
The communication or advice pertains or is related to any criminal
act.

(3)
As used in division
(K)

(J)

of
this section:

(a)
"Crisis response services" means consultation, risk
assessment, referral, and on-site crisis intervention services
provided by a critical incident stress management team to individuals
affected by crisis or disaster.

(b)
"Critical incident stress management team member" or "team
member" means an individual specially trained to provide crisis
response services as a member of an organized community or local
crisis response team that holds membership in the Ohio critical
incident stress management network.

(c)
"Debriefing session" means a session at which crisis
response services are rendered by a critical incident stress
management team member during or after a crisis or disaster.

(L)(1)

(K)(1)

Subject
to division
(L)(2)

(K)(2)

of
this section and except as provided in division
(L)(3)

(K)(3)

of
this section, an employee assistance professional, concerning a
communication made to the employee assistance professional by a
client in the employee assistance professional's official capacity as
an employee assistance professional.

(2)
Division
(L)(1)

(K)(1)

of
this section applies to an employee assistance professional who meets
either or both of the following requirements:

(a)
Is certified by the employee assistance certification commission to
engage in the employee assistance profession;

(b)
Has education, training, and experience in all of the following:

(i)
Providing workplace-based services designed to address employer and
employee productivity issues;

(ii)
Providing assistance to employees and employees' dependents in
identifying and finding the means to resolve personal problems that
affect the employees or the employees' performance;

(iii)
Identifying and resolving productivity problems associated with an
employee's concerns about any of the following matters: health,
marriage, family, finances, substance abuse or other addiction,
workplace, law, and emotional issues;

(iv)
Selecting and evaluating available community resources;

(v)
Making appropriate referrals;

(vi)
Local and national employee assistance agreements;

(vii)
Client confidentiality.

(3)
Division
(L)(1)

(K)(1)

of
this section does not apply to any of the following:

(a)
A criminal action or proceeding involving an offense under sections
2903.01 to 2903.06 of the Revised Code if the employee assistance
professional's disclosure or testimony relates directly to the facts
or immediate circumstances of the offense;

(b)
A communication made by a client to an employee assistance
professional that reveals the contemplation or commission of a crime
or serious, harmful act;

(c)
A communication that is made by a client who is an unemancipated
minor or an adult adjudicated to be incompetent and indicates that
the client was the victim of a crime or abuse;

(d)
A civil proceeding to determine an individual's mental competency or
a criminal action in which a plea of not guilty by reason of insanity
is entered;

(e)
A civil or criminal malpractice action brought against the employee
assistance professional;

(f)
When the employee assistance professional has the express consent of
the client or, if the client is deceased or disabled, the client's
legal representative;

(g)
When the testimonial privilege otherwise provided by division
(L)(1)

(K)(1)

of
this section is abrogated under law.

Sec.
2317.021.
(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
or advice from the attorney in the attorney's professional capacity,
or consults an attorney employee for legal service or advice, and who
communicates, either directly or through an agent, employee, or other
representative, with such attorney; and includes an incompetent
person whose guardian so consults the attorney in behalf of the
incompetent person.

Where
a corporation or association is a client having the privilege and it
has been dissolved, the privilege shall extend to the last board of
directors, their successors or assigns, or to the trustees, their
successors or assigns.

This
section shall be construed as in addition to, and not in limitation
of, other laws affording protection to communications under the
attorney-client privilege.

(B)
As used in this section and in
sections

section

2317.02

and
2317.03
of
the Revised Code, "incompetent" or "incompetent
person" means a person who is so mentally impaired, as a result
of a mental or physical illness or disability, as a result of an
intellectual disability, or as a result of chronic substance abuse,
that the person is incapable of taking proper care of the person's
self or property or fails to provide for the person's family or other
persons for whom the person is charged by law to provide.

Sec.
2317.41.
"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 Code
the
Rules of Evidence
,
a photograph of such record shall be competent evidence if the
custodian of the photograph or the person who made such photograph or
under whose supervision such photograph was made testifies to the
identity of and the mode of making such photograph, and if, in the
opinion of the trial court, the record has been destroyed or
otherwise disposed of in good faith in the regular course of
business, and the mode of making such photograph was such as to
justify its admission. If a photograph is admissible under this
section, the court may admit the whole or a part thereof.

Such
photograph shall be admissible only if the party offering it has
delivered a copy of it, or so much thereof as relates to the
controversy, to the adverse party a reasonable time before trial,
unless in the opinion of the court the adverse party has not been
unfairly surprised by the failure to deliver such copy. No such
photograph need be submitted to the adverse party as prescribed in
this section unless the original instrument would be required to be
so submitted.

Sec.
2317.422.
(A)

Notwithstanding
sections 2317.40 and 2317.41 of the Revised Code but subject
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 facilities
licensed pursuant to section 5119.34 of the Revised Code that
provides accommodations, supervision, and personal care services for
three to sixteen unrelated adults, in lieu of the testimony in open
court of their custodian, person who made them, or person under whose
supervision they were made, may be qualified as authentic evidence if
any such person endorses thereon the person's verified certification
identifying such records, giving the mode and time of their
preparation, and stating that they were prepared in the usual course
of the business of the institution. Such records, copies, or
photographs may not be qualified by certification as provided in this
section unless the party intending to offer them delivers a copy of
them, or of their relevant portions, to the attorney of record for
each adverse party not less than five days before trial. Nothing in
this section shall be construed to limit the right of any party to
call the custodian, person who made such records, or person under
whose supervision they were made, as a witness.

(B)
Division (A) of this section does not apply to any certified copy of
the results of any test given to determine the presence or
concentration of alcohol, a drug of abuse, a combination of them, a
controlled substance, or a metabolite of a controlled substance in a
patient's whole blood, blood serum or plasma, breath, or urine at any
time relevant to a criminal offense that is submitted in a criminal
action or proceeding in accordance with division (B)(2)(b) or
(B)(3)(b) of section 2317.02 of the Revised Code.

Sec.
2939.03.
Except
for a foreperson selected by the judge of the court of common pleas
under
section
2939.02 of the Revised Code
the
Rules of Criminal Procedure
,
a grand jury is drawn and notified in the same manner as other jurors
are drawn and notified under Chapter 2313. of the Revised Code. Grand
jurors so drawn and notified are not entitled to an exemption for any
reason but may be excused from service or have their service
postponed for the same reasons and in the same manner as other jurors
under that chapter and not otherwise. Grand jurors are subject to the
same fines and penalties for nonattendance and otherwise as are other
jurors under that chapter. The duties and the powers of courts of
common pleas, clerks of courts of common pleas, and commissioners of
jurors in regard to grand jurors in all respects are the same as in
regard to other jurors.

Sec.
2939.06.
(A)
When a grand jury is impaneled, the court of common pleas
shall
appoint one of the members of the grand jury as foreperson, and
shall
administer, or cause to be administered, to the jurors an oath in the
following words to which the jurors shall respond "I do solemnly
swear" or "I do solemnly affirm":

"Do
you solemnly swear or affirm that you will diligently inquire into
and carefully deliberate all matters that shall come to your
attention concerning this service; and do you solemnly swear or
affirm that you will keep secret all proceedings of the grand jury
unless you are required in a court of justice to make disclosure; and
do you solemnly swear or affirm that you will indict no person
through malice, hatred, or ill will; and do you solemnly swear or
affirm that you will not leave unindicted any person through fear,
favor, or affection, or for any reward or hope thereof; and do you
solemnly swear or affirm that in all your deliberations you will
present the truth, the whole truth, and nothing but the truth,
according to the best of your skill and understanding, as you shall
answer unto God or under the penalties of perjury?"

(B)
If, on or after

the effective date of this amendment

March 24, 2003
,
a court impaneling a grand jury uses the grand juror's oath that was
in effect prior to

the effective date of this amendment

March 24, 2003,

instead of the oath set forth in division (A) of this section, the
court's use of the former oath does not invalidate or affect the
validity of the impanelment of the grand jury, any proceeding,
inquiry, or presentation of the grand jury, any indictment or other
document found, returned, or issued by the grand jury, or any other
action taken by the grand jury.

Sec.
2941.61.
After
a demurrer to an indictment is overruled, the accused may plead under

section
2943.03 of the Revised Code
the
Rules of Criminal Procedure
.

Sec.
2943.02.
An
accused person shall be arraigned by the clerk of the court of common
pleas, or his deputy, reading the indictment or information to the
accused, unless the accused or his attorney waives the reading
thereof. He shall then be asked to plead thereto.
Arraignment
shall be made immediately after the disposition of exceptions to the
indictment, if any are filed, or, if no exceptions are filed, after
reasonable opportunity has been given the accused to file such
exceptions.

Sec.
2945.51.
When
a deposition is to be taken in this state
,
and a commission is granted under section 2945.50 of the Revised Code

while the defendant is confined in jail, the sheriff or deputy or
other person having custody of the defendant shall be ordered by the
court to take the defendant to the place of the taking of the
deposition, and have

him

the defendant

before the officer at the time of taking such deposition.
Such

The

sheriff
or deputy or other person having custody of the defendant shall be
reimbursed for actual reasonable traveling expenses for

himself

self

and the defendant, the bills for the same, upon the approval of the
board of county commissioners, to be paid from the county treasury on
the warrant of the county auditor.
Such

The

sheriff
shall receive as fees therefor, one dollar for each day in attendance

thereat
at
the place of the taking of the deposition
.
Such fees and traveling expenses shall be taxed and collected as
other fees and costs in the case.

Sec.
2945.52.
Counsel
assigned by the court to represent the defendant may attend upon and
represent the defendant at the taking of a deposition

under section 2945.50 of the Revised Code
,
and
said

the

counsel
shall be paid a reasonable fee for
his
the
counsel's

services in taking such deposition, in addition to the compensation
allowed for defending
such

the

defendant,
to be fixed by the court.
He
The
counsel

shall also be allowed
his
the
counsel's

actual expenses incurred in going to and from the place of taking the
deposition.

Sec.
2945.53.
In
all cases in which depositions are taken by the state or the accused,
to be used by or against the accused, as provided in
sections
2945.50 to 2945.52, inclusive, of the Revised Code
the
Rules of Criminal Procedure
,
the court shall by proper order provide and secure to the accused the
means and opportunity to be present in person and with counsel at the
taking of such deposition, and to examine the witness face to face,
as fully and in the same manner as if in court. All expenses
necessarily incurred in the securing of such means and opportunity,
and the expenses of the prosecuting attorney in attending the taking
of such deposition, shall be paid out of the county treasury upon the
certificate of the court making such order.

Sec.
2945.54.
The
examination of witnesses by deposition in criminal cases shall be
taken and certified, and the return thereof to the court made as for
taking depositions under sections 2319.05 to 2319.31
,
inclusive,

of the Revised Code.
The
commissioners appointed under section 2945.50 of the Revised Code to
take depositions shall receive such compensation as the court
directs, to be paid out of the county treasury and taxed as part of
the costs in the case.

Section
2.
That
existing sections 1901.021, 1901.14, 1901.22
,
1901.31
,
1907.20, 2111.011, 2307.23, 2317.02, 2317.021, 2317.41, 2317.422,
2939.03, 2939.06, 2941.61, 2943.02, 2945.51, 2945.52, 2945.53, and
2945.54 of the Revised Code are hereby repealed.

Section
3.
That
sections 1901.16, 1901.41, 1907.21, 1907.231, 2101.12, 2101.121,
2101.14, 2101.141, 2301.141, 2317.03, 2317.40, 2317.42, 2939.02,
2939.20, 2941.021, 2943.03, 2943.04, 2945.12, 2945.30, 2945.31,
2945.33, 2945.34, 2945.41, 2945.45, and 2945.50 of the Revised Code
are hereby repealed.

Section
4.
Section
1901.31 of the Revised Code is presented in this act as a composite
of the section as amended by both H.B. 33 and S.B. 21 of the 135th
General Assembly. The General Assembly, applying the principle stated
in division (B) of section 1.52 of the Revised Code that amendments
are to be harmonized if reasonably capable of simultaneous operation,
finds that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.