Legal Community
Case Timelines
Courts use a process called case management to move all cases from filing to disposition, and this includes all pretrial phases, trials and all events that follow disposition. This process helps to ensure that every litigant receives procedural due process and equal protection. The Ohio Court of Claims uses differentiated case management, a technique that tailors the process and the court’s resources to the needs of individual cases.
2017 Victims of Crime Compensation Appeals
The program will provide an extensive overview of the Ohio Victims of Crime Compensation Program. The program will also include a comprehensive review of the Ohio Victims of Crime Compensation Act Revised Code sections 2743.51 et al., highlighting case law and new statutory changes. There will be ample opportunity to ask questions concerning all aspects of the program.
Alternative Dispute Resolution
Mediation, which is the most effective approach to alternative dispute resolution, uses a neutral moderator to help parties reach a voluntary resolution. This informal and confidential process helps parties understand the interests and practical and legal choices of everyone involved, saving time and money, and reducing future disputes and offenses. Although the parties – and not the mediator – actually decide on the solution, the mediator helps to improve communication and explore settlement options.
Transcripts
Spectrum Reporting provides the official court reporters for the Court of Claims. If you would like to order a transcript of a Court of Claims hearing, please request it by using the following link:
Rules & Statutes
The Rules and statutes for the Court of Claims can be found by selecting the links below.
Additional Information
What are the typical kinds of civil cases files in the Court of Claims?
Court of Claims civil cases typically involve contract disputes, property damage, personal injury, wrongful death, medical malpractice, employment, defamation and wrongful imprisonment.
Are there special statutes of limitations I should know about as I consider filing an action against the state?
Yes. Please refer to RC 2743.16 and RC 2305 for examples. You may also want to review the savings statute and do your own due diligence regarding other possible statutes of limitations controlling your case.
Is there a jurisdictional limit?
The Court has exclusive jurisdiction over all claims filed against the state of Ohio regardless of amount. However, claims of $10,000 or less are determined administratively by the Clerk of the Court pursuant to RC 2743.10(A).
What is the filing fee?
The $25 filing fee will be waived in actions where the plaintiff is indigent. We do not require a deposit for costs at the beginning of a case. After final judgment, the Court sends a cost bill to the party or parties required to pay the court costs.
Do I need to use your form for my complaint?
No. Your complaint will be accepted as long as it conforms to the Civil Rules. We will need copies of the complaint for each named defendant and the Ohio Attorney General. Note: If you are filing an administrative determination claim (a claim for $10,000 or less) on behalf of your client, you must use the Court’s claim form.
What happens after my complaint is filed?
Within two to three days, a Statement of the Existence of Connected Actions form will be sent to you. This form is sent to you because RC 2743.02(D) mandates that any recoveries against the state be reduced by any potential sources for collateral recovery. More than likely this means that if you are also pursuing an action in another court related to the facts in your Court of Claims case, our Court must stay the case here until that court determines what, if any, damages your client may be entitled to receive.
How long does it take to get to trial?
Unless your case is stayed, the time period is the same as it would be for a similar case in any common pleas court. A case management conference with your assigned jurist will occur about 60 days after the complaint is filed and will reveal the trial schedule and dates of discovery. The Court uses a differentiated case management system, which helps to minimize delays. Each case is assigned to the appropriate case track, which in turn allows for the performance of pretrial tasks and allocates the appropriate level of judicial and other system resources.
I have a case in common pleas court, and the judge is talking about removing it to the Court of Claims. Why?
The judge may have reason to believe that one of the parties will likely file a counterclaim against the state or will make the state a third-party defendant. The Court of Claims has exclusive jurisdiction in all cases filed against the state, so the party who files the counterclaim or makes the state a third-party defendant is statutorily mandated to file a Petition for Removal in the Court of Claims.
Will my case be tried to the bench or by a jury?
According to RC 2743.11 and RC 2743.03(C)(1), a party has no right to a jury trial in civil actions against the state. However, if a case is removed from the common pleas court to the Court of Claims, parties have the right to a jury trial for claims that are not against the state. In this case, jurors are drawn from the Franklin County Common Pleas list of jurors.
My practice is not located in Columbus. If I file a case in your court, will I need to make multiple trips to Columbus?
If your case goes to trial, it will probably be the one and only time you need to appear in person. Most cases require only two pretrial conferences, which are usually conducted via telephone. Motions are usually decided based on the documents submitted.
After my case is tried, when can I expect a decision?
According to the Rules of Superintendence for Ohio, a written decision is required 90 days after a case is submitted, although it will likely occur sooner than that.
If I disagree with the Court of Claims decision, where do I appeal?
The Tenth District Court of Appeals hears appeals of the Court of Claims. Please refer to the Ohio Rules of Appellate Procedure and the Local Rules of the Tenth District Court of Appeals for more explanation.
Where can I research past Court of Claims decisions?
Some decisions are available in a searchable database at the Office of the Reporter of the Ohio Supreme Court.
Does the Court offer any alternative dispute resolution services?
Yes, a full-time mediator is available. If you believe your case is suitable for mediation, let your assigned jurist know either at conference or via motion.
My client is the victim of a crime. How do I help him or her file a claim?
Please refer to the Ohio Attorney General’s Apply for Victims Compensation webpage.
Forms
We accept hard copies of these forms via regular mail, hand delivery, and e-file.
Claims v. The State
Administrative Determinations (claims for $10,000 or less)
Application to File Claim Without Payment of Fee
Poverty Statement (Incarcerated Persons)
Cashier Statement (Incarcerated Persons)
Claimant’s Response to Agency Investigation Report
Instructions for Responding to an Investigation Report
Online Appeal of Clerk’s Decision on a Claim
Appeal of Clerk’s Decision on a Claim
Judicial Cases (claims in excess of $10,000)
Online Claim Form (self-represented filers only)
Application to File Claim Without Payment of Fee
Poverty Statement (Incarcerated Persons)
Cashier Statement (Incarcerated Persons)
Online Statement of the Existence of Connected Action
Statement of the Existence of Connected Action
Request for Clerk to Issue Subpoena
For the Legal Community
Instructions for Service of Subpoena
Crime Victims Compensation
Online Notice of Appeal from the Attorney General’s Final Decision
Notice of Appeal from the Attorney General’s Final Decision
Fees & Costs
The law requires that you pay a $25 filing fee when filing a complaint. You can pay by credit card if filing online. You must enclose a check or money order if filing by mail, or you may pay cash if filing in person.
Please refer to the following fee schedule for more information:
Claims vs the State
Civil complaint filing fee
$25.00
Counter-claim, cross-claim, third-party complaint & intervening complaint filing fee
$25.00
Issuing each writ, order or notice (except subpoena)
$2.00
Issuing subpoena, swearing witness, entering attendance & certifying fees (each name)
$2.00
Calling a jury (cases that have been removed from common pleas court)
$25.00
Entering on journal, indexing & posting on any docket (each page)
$2.00
Acknowledging all instruments in writing
$2.00
Notice of appeal, including the filing & noting of all necessary documents
$25.00
Each electronic transmission of a document, plus $1.00 for each page of that document (to be paid by the party requesting the electronic transmission)
$2.00
Certified copy of document (per page)
$1.00
Uncertified copy of a document (per page)
$0.10
Crime Victims Compensation Appeals
Filing Fee to Appeal Attorney General’s Decision
No charge
Certified copy of document (per page)
$1.00
Uncertified copy of a document (per page)
$0.10
Glossary of Terms
Reading about legal matters and Court processes can mean coming across unfamiliar words and abbreviations. The glossary below can help you look up and hopefully understand some of the terminology used in the Court of Claims.
In addition, Court News Ohio provides an interactive online glossary to help the public understand the legal terms that Ohio courts and lawyers frequently use.
Administrative Determinations
Small claims (for $10,000 or less) that are decided by the Clerk of the Court and based on the documents, photos, affidavits, etc. that have been submitted for review.
Small claims (for $10,000 or less) that are decided by the Clerk of the Court and based on the documents, photos, affidavits, etc. that have been submitted for review.
Affidavit
A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Alternative Dispute Resolution
Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.
Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.
Answer
The defendant’s response to the plaintiff’s allegations as stated in a complaint. An item-by-item, paragraph-by-paragraph response to points made in a complaint; part of the pleadings.
The defendant’s response to the plaintiff’s allegations as stated in a complaint. An item-by-item, paragraph-by-paragraph response to points made in a complaint; part of the pleadings.
Appeal
A higher court’s review of a lower court or administrative agency decision (for example, the Attorney General).
A higher court’s review of a lower court or administrative agency decision (for example, the Attorney General).
Attorney of Record
The principal attorney in a lawsuit, who signs all formal documents relating to the suit.
The principal attorney in a lawsuit, who signs all formal documents relating to the suit.
Bench Trial
Trial without a jury in which a judge decides the facts.
Trial without a jury in which a judge decides the facts.
Case Number
A unique number assigned to a case by each court. In the Court of Claims, the case number is a nine digit number that begins with the year the case is filed. For example, 2014-00229.
A unique number assigned to a case by each court. In the Court of Claims, the case number is a nine digit number that begins with the year the case is filed. For example, 2014-00229.
Certificate of Service
A signed statement that indicates an exact copy of a document filed with the Court of Claims was provided to every other party in the case. The statement must indicate the names and addresses of everyone who receives a copy, when they were given a copy and how the copy was given or sent to them (for example, by hand delivery or by first-class mail.) All documents offered for filing in the Court of Claims must contain a certificate of service.
A signed statement that indicates an exact copy of a document filed with the Court of Claims was provided to every other party in the case. The statement must indicate the names and addresses of everyone who receives a copy, when they were given a copy and how the copy was given or sent to them (for example, by hand delivery or by first-class mail.) All documents offered for filing in the Court of Claims must contain a certificate of service.
Civil Case
A non-criminal case that seeks a particular legal remedy. A civil case usually involves money damages.
A non-criminal case that seeks a particular legal remedy. A civil case usually involves money damages.
Complaint
The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take.
The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take.
Court Costs
The expenses of prosecuting or defending a lawsuit, other than the attorneys’ fees.
The expenses of prosecuting or defending a lawsuit, other than the attorneys’ fees.
Damages
Money awarded by a court to a person injured by the unlawful act or negligence of another person.
Money awarded by a court to a person injured by the unlawful act or negligence of another person.
Date of Decision
The date that is file-stamped on the judgment.
The date that is file-stamped on the judgment.
Decision
Judgment, decree or determination of findings of fact and/or of law by a judge, court or other judicial officer.
Judgment, decree or determination of findings of fact and/or of law by a judge, court or other judicial officer.
Defendant
The person or organization being sued.
The person or organization being sued.
Docket
The list of all proceedings and filings in a case.
The list of all proceedings and filings in a case.
Et al
And others
And others
Exhibit
A document or other item introduced as evidence during a trial or hearing.
A document or other item introduced as evidence during a trial or hearing.
Expedite
To accelerate. The court can decide to accelerate the progress of a pending matter either on its own or in response to a motion to expedite.
To accelerate. The court can decide to accelerate the progress of a pending matter either on its own or in response to a motion to expedite.
File
To place a paper in the official custody of the clerk of court to enter into the files or records of a case.
To place a paper in the official custody of the clerk of court to enter into the files or records of a case.
Filing Deadline
The date a document must be filed with the clerk’s office. In order to be filed, the document and all required copies must be in the clerk’s office and in full compliance with the applicable Rules by 5 p.m. on the filing deadline.
The date a document must be filed with the clerk’s office. In order to be filed, the document and all required copies must be in the clerk’s office and in full compliance with the applicable Rules by 5 p.m. on the filing deadline.
Filing Fee
The sum of money that must be paid before a case can be filed with the Court of Claims.
The sum of money that must be paid before a case can be filed with the Court of Claims.
Immunity
Immunity refers to a protection from personal liability that may be provided to a state employee who is sued in his or her individual capacity.
Immunity refers to a protection from personal liability that may be provided to a state employee who is sued in his or her individual capacity.
Judgment Entry
The court’s written decision in a case.
The court’s written decision in a case.
Judicial Review
The authority of a court to review the official actions of other branches of government. For example, the Ohio Court of Claims has judicial review over decisions made by the Ohio Attorney General on claims for Crime Victims Compensation.
The authority of a court to review the official actions of other branches of government. For example, the Ohio Court of Claims has judicial review over decisions made by the Ohio Attorney General on claims for Crime Victims Compensation.
Jurisdiction
A court’s authority to decide a case or issue an order.
A court’s authority to decide a case or issue an order.
Magistrate
Judicial officer exercising some of the functions of a judge.
Judicial officer exercising some of the functions of a judge.
Mediation
A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.
A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.
Motion
Oral or written request made by a party to an action before, during, or after a trial, upon which a court issues a ruling or order.
Oral or written request made by a party to an action before, during, or after a trial, upon which a court issues a ruling or order.
Negligence
Failure to exercise the degree of care that a reasonable person would exercise under the same circumstances.
Failure to exercise the degree of care that a reasonable person would exercise under the same circumstances.
Ohio Revised Code
The laws enacted by the Ohio General Assembly. The Ohio Revised Code is organized by subject matter and divided into general provisions, titles, chapters, and sections.
The laws enacted by the Ohio General Assembly. The Ohio Revised Code is organized by subject matter and divided into general provisions, titles, chapters, and sections.
Opinion
A court’s written statement explaining its final decision in a case.
A court’s written statement explaining its final decision in a case.
Original
The document from which a copy is a made; usually includes the original signature of the person filing the document.
The document from which a copy is a made; usually includes the original signature of the person filing the document.
Party
A person, business, or government agency actively involved in the prosecution or defense of a legal proceeding.
A person, business, or government agency actively involved in the prosecution or defense of a legal proceeding.
Petition for Removal
The transfer of a case from one court to another. In this sense, removal refers to a transfer of a case from a common pleas court to the Court of Claims because the state has been named a defendant either by counterclaim or third party claim. This is not discretionary, as the Court of Claims has exclusive jurisdiction over all claims against the state.
The transfer of a case from one court to another. In this sense, removal refers to a transfer of a case from a common pleas court to the Court of Claims because the state has been named a defendant either by counterclaim or third party claim. This is not discretionary, as the Court of Claims has exclusive jurisdiction over all claims against the state.
Plaintiff
The person who files the complaint in a civil lawsuit.
The person who files the complaint in a civil lawsuit.
Pleadings
The written statements of fact and law filed by the parties to a lawsuit.
The written statements of fact and law filed by the parties to a lawsuit.
Pre-Trial Conference
A meeting between the judge and the parties involved in a lawsuit to narrow the issues of the suit, agree on what will be presented at trial, and make a final effort to settle the case without a trial.
A meeting between the judge and the parties involved in a lawsuit to narrow the issues of the suit, agree on what will be presented at trial, and make a final effort to settle the case without a trial.
Pro Bono
From the Latin “pro bono publico,” meaning “for the public good.” Legal services performed pro bono are performed by a licensed attorney without any expectation of compensation.
From the Latin “pro bono publico,” meaning “for the public good.” Legal services performed pro bono are performed by a licensed attorney without any expectation of compensation.
Pro Se
Latin for “for one’s self.” A person appearing pro se or filing pro se in a court does so without the assistance of a licensed attorney.
Latin for “for one’s self.” A person appearing pro se or filing pro se in a court does so without the assistance of a licensed attorney.
Record
All the documents and evidence plus transcripts of oral proceedings in a case.
All the documents and evidence plus transcripts of oral proceedings in a case.
Response
The reply by a party to charges raised in a pleading by the other party.
The reply by a party to charges raised in a pleading by the other party.
Service
The delivery of a legal document (such as a complaint, summons, subpoena) notifying the person or organization that a lawsuit has been filed against that person or organization.
The delivery of a legal document (such as a complaint, summons, subpoena) notifying the person or organization that a lawsuit has been filed against that person or organization.
Settlement
An agreement between the parties disposing of a lawsuit.
An agreement between the parties disposing of a lawsuit.
Statute of Limitations
The time within which a plaintiff must bring a lawsuit.
The time within which a plaintiff must bring a lawsuit.
Stay
An order suspending or postponing all or part of a judicial proceeding or the judgment from that proceeding.
An order suspending or postponing all or part of a judicial proceeding or the judgment from that proceeding.
Summons
A notice to a defendant that he or she has been sued and is required to appear in court.
A notice to a defendant that he or she has been sued and is required to appear in court.
Testimony
The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.
The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.
Transcript
A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, such as an oral deposition.
A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, such as an oral deposition.
Witness
A person who testifies to what he or she has seen, heard, or otherwise experienced.
A person who testifies to what he or she has seen, heard, or otherwise experienced.