(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 (Ohio Ct. App. 2023).
Frey v. Amazon Home Warranty, L.L.C., 2023 Ohio 3899 (Ohio Ct. App. 2023). · cites it 9דAlthough 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 (Ohio Ct. App. 2020). · cites it 8דAs 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, 814 N.E.2d 940 (Ohio Ct. App. 2004). · cites it 3ד{¶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. 1992). · cites it 7דAfter 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. 1984). · cites it 2ד10, 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 (Ohio Ct. App. 2009). · cites it 9ד{¶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 (Ohio 2021). “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 (Ohio Ct. App. 2012). · cites it 2דAnd 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 (Ohio Ct. App. 2022). “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 (Ohio Ct. App. 2025). “{¶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., Inc. v. Cities of Am., Inc., 678 N.E.2d 613 (Ohio Ct. App. 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 (Ohio Ct. App. 2013). “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…”
Mustafa v. Al-Bayer, 2020 Ohio 1315 (Ohio Ct. App. 2020). “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 (Ohio Ct. App. 2023). “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 (Ohio Ct. App. 2009). “{¶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.”
Frey v. Amazon Home Warranty, L.L.C., 2023 Ohio 3899 (Ohio Ct. App. 2023). “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, 814 N.E.2d 940 (Ohio Ct. App. 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 (Ohio Ct. App. 2009). “{¶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 (Ohio Ct. App. 2025). “{¶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,…”
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