Ohio Revised Code

Ohio Rev. Code § 1925.10 (2026)

Transferring case

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(A) A civil action that is duly entered on the docket of the small claims division shall be transferred to the regular docket of the court upon the motion of the court made at any stage of the civil action or by the filing of a counterclaim or cross-claim for more than six thousand dollars.

(B) In the discretion of the court, a case duly entered on the docket of the small claims division may be transferred to the regular docket of the court upon the motion of a party against whom a claim, counterclaim, or cross-claim is instituted or upon the motion of a third-party defendant. A motion filed under this division shall be accompanied by an affidavit stating that a good defense to the claim exists, setting forth the grounds of the defense, and setting forth the compliance of the party or third-party defendant with any terms fixed by the court. The failure to file a motion under this division to transfer a case to the regular docket of the court constitutes a waiver by the party or third-party defendant of any right to a trial by jury.

Notes of Decisions
Cited in 26 cases (10 in the last 5 years), 1984–2026 · leading case: Frey v. Amazon Home Warranty, L.L.C., 2023-Ohio-3899.
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Frey v. Amazon Home Warranty, L.L.C., 2023-Ohio-3899. · cites it 9× “Although such a motion, if properly filed pursuant to R.C. 1925.10 and supported with an affidavit as required by that section, would routinely be granted if it is made prior to the commencement of a trial, such a motion will not be granted in the middle of a trial.”
Mustafa v. Al-Bayer, 2020-Ohio-1315. · cites it 8× “As we have held, "the language of R.C. 1925.10 is clear and unambiguous and should be applied as written.”
Staffilino Chevrolet, Inc. v. Balk, 813 N.E.2d 940 (Ohio Ct. App. 7th Dist. 2004). · cites it 3× “{¶25} The third argument set forth by Balk under this assignment of error contends that R.C. 1925.10(B) was violated because Staffilino’s affidavit in support of its motion to transfer jurisdiction to the county court’s regular docket stated that Staffilino had a good defense to…”
Deaton v. McIntosh, 612 N.E.2d 1316 (Ohio Ct. App. 12th Dist. 1992). · cites it 7× “After the hearing, McIntosh filed a motion to transfer the case to the regular civil docket of municipal court and a supporting affidavit pursuant to R.C. 1925.10. In his report issued on January 29, 1992, the referee recommended that the court award judgment in favor of Deaton…”
Bierlein v. Alex's Cont'l Inn, Inc., 475 N.E.2d 1273 (Ohio Ct. App. 2d Dist. 1984). · cites it 2× “10, interposes a counterclaim without substantial grounds, withdraws the counterclaim on the day of trial, and loses on the merits after requiring opposing counsel to endure formal discovery, respond to motions, and attend hearings, and otherwise causes litigation to exceed…”
Beckett v. Wisniewski, 2009-Ohio-6158. · cites it 9× “{¶11} If the amount in controversy before the small claims court exceeds three thousand dollars, R.C. 1925.10(A) provides that the matter shall be transferred to the regular docket of the court upon the motion of the court.”
State ex rel. State Farm Mut. Ins. Co. v. O'Donnell (Slip Opinion), 2021-Ohio-1205, 171 N.E.3d 321. “On State Farm’s motion, Judge Coletta transferred the case from the small-claims division to the municipal court’s regular docket under R.C. 1925.10. {¶ 3} In May 2019, Burke filed a motion to transfer the case to the Cuyahoga County Court of Common Pleas.”
Basinger v. York, 2012-Ohio-2017. · cites it 2× “And under R.C. 1925.10, “A civil action that is duly entered on the docket of the small claims division shall be transferred to the regular docket of the court * * * by the filing of a counterclaim or cross-claim for more than three thousand dollars.”
Scott v. Wells, 2022-Ohio-471. “Because Wells sought damages in excess of $6000, the case was transferred to the regular docket of the municipal court under R.C. 1925.10. After a hearing, the trial court entered judgment in favor of Scott for $3,800, the amount he claimed was due under the contract.”
Johnson v. Sailor, 2025-Ohio-212. “{¶42} Appellant cites to R.C. 1925.10(B), which provides in part: “In the discretion of the court, a case duly entered on the docket of the small claims division may be transferred to the regular docket of the court upon the motion of a party against whom a claim, counterclaim,…”
Logan Co. v. Cities of Am., Inc., 678 N.E.2d 613 (Ohio Ct. App. 11th Dist. 1996). “On March 13, 1995, the trial court granted appellant’s motion to transfer the case to the regular docket pursuant to R.C. 1925.10. 1 The pretrial hearing was conducted on June 12,1995.”
Beck v. W. Chester Lawn & Garden, 2013-Ohio-2276. “According to R.C. 1925.10, In the discretion of the court, a case duly entered on the docket of the small claims division may be transferred to the regular docket of the court upon the motion of a party against whom a claim, counterclaim, or cross-claim is instituted or upon the…”
Show all 26 citing cases →
Ohio Rev. Code § 1925.10(A): 5 cases
Mustafa v. Al-Bayer, 2020-Ohio-1315. “As we have held, "the language of R.C. 1925.10 is clear and unambiguous and should be applied as written.”
Frey v. Amazon Home Warranty, L.L.C., 2023-Ohio-3899. “Although such a motion, if properly filed pursuant to R.C. 1925.10 and supported with an affidavit as required by that section, would routinely be granted if it is made prior to the commencement of a trial, such a motion will not be granted in the middle of a trial.”
Beckett v. Wisniewski, 2009-Ohio-6158. “{¶11} If the amount in controversy before the small claims court exceeds three thousand dollars, R.C. 1925.10(A) provides that the matter shall be transferred to the regular docket of the court upon the motion of the court.”
Auto Loan, Inc. v. Sisler, 2025-Ohio-606.
Kozlowski v. Geothermal Professionals Ltd., 2025-Ohio-810, 265 N.E.3d 781.
Ohio Rev. Code § 1925.10(B): 9 cases
Frey v. Amazon Home Warranty, L.L.C., 2023-Ohio-3899. “Although such a motion, if properly filed pursuant to R.C. 1925.10 and supported with an affidavit as required by that section, would routinely be granted if it is made prior to the commencement of a trial, such a motion will not be granted in the middle of a trial.”
Staffilino Chevrolet, Inc. v. Balk, 813 N.E.2d 940 (Ohio Ct. App. 7th Dist. 2004). “{¶25} The third argument set forth by Balk under this assignment of error contends that R.C. 1925.10(B) was violated because Staffilino’s affidavit in support of its motion to transfer jurisdiction to the county court’s regular docket stated that Staffilino had a good defense to…”
Beckett v. Wisniewski, 2009-Ohio-6158. “{¶11} If the amount in controversy before the small claims court exceeds three thousand dollars, R.C. 1925.10(A) provides that the matter shall be transferred to the regular docket of the court upon the motion of the court.”
Johnson v. Sailor, 2025-Ohio-212. “{¶42} Appellant cites to R.C. 1925.10(B), which provides in part: “In the discretion of the court, a case duly entered on the docket of the small claims division may be transferred to the regular docket of the court upon the motion of a party against whom a claim, counterclaim,…”
Bretz v. Nagy, 2016-Ohio-3008.
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