Issues of law must be tried by the court, unless referred as provided in the Rules of Civil Procedure. Issues of fact arising in actions for the recovery of money only, or specific real or personal property, shall be tried by a jury, unless a jury trial is waived or unless all parties consent to a reference under the Rules of Civil Procedure.
All other issues of fact shall be tried by the court, subject to its power to order any issue to be tried by a jury, or referred.
Notes of Decisions
Cited in 49
cases (5 in the last 5 years), 1955–2024 · leading case: Cassidy v. Glossip, 231 N.E.2d 64 (Ohio 1967).
Cassidy v. Glossip, 231 N.E.2d 64 (Ohio 1967). · cites it 9דIt is contended' that the Common Pleas Court of Butler County had no authority to adopt such a rule because it would conflict with Sections 2311.04 and 2315.20, Revised Code.”
First Nat'l Bank v. Miami Univ., 699 N.E.2d 523 (Ohio Ct. App. 1997). · cites it 9ד” R.C. 2311.04, which governs the proceedings in the general division of the common pleas court, provides: “Issues of fact arising in actions for the recovery of money only, or specific real or personal property, shall be tried by a jury * * *.”
Hildreth Mfg., L.L.C. v. Semco, Inc., 785 N.E.2d 774 (Ohio Ct. App. 2003). · cites it 3ד” R.C. 2311.04. Furthermore, “[a]ll other issues of fact shall be tried by the court, subject to its power to order any issue to be tried by a jury, or referred.”
Giurbino v. Giurbino, 626 N.E.2d 1017 (Ohio Ct. App. 1993). · cites it 2ד“This rule applies despite language in R.C. 2311.04 which provides that issues of fact arising in actions for the recovery of real or personal property shall be tried by a jury.”
Conley v. Shearer, 595 N.E.2d 862 (Ohio 1992). “See, also, R.C. 2311.04 and Civ.R. 56(C). “Whether immunity may be invoked is a purely legal issue, properly determined by the court prior to trial, Donta v.”
Francisco A. Mateo M.D., Inc. v. Proia, 2023 Ohio 3908 (Ohio Ct. App. 2023). · cites it 2ד” R.C. 2311.04. “All other issues of fact shall be tried by the court, subject to its power to order any issue to be tried by a jury, or referred.”
Bobko v. Sagen, 572 N.E.2d 823 (Ohio Ct. App. 1989). · cites it 2דThis rule applies despite language in R.C. 2311.04 which provides that issues of fact arising in actions for the recovery of real or personal property shall be tried by a jury.”
Ware v. Richey, 469 N.E.2d 899 (Ohio Ct. App. 1983). · cites it 2ד03(C) by its languange [sic] permitting the trial judge without a jury to hold a post-trial hearing to assess prejudgment interest, is in contravention of Article I, Section 5 of the Ohio Constitution and Ohio Revised Code Section 2311.04 which provides for a trial by jury on…”
Gleason v. Gleason, 582 N.E.2d 657 (Ohio Ct. App. 1991). · cites it 2דHowever, R.C. 2311.04 states that all issues not specifically set forth therein are to be tried by the court “subject to its power to order any issue to be tried by a jury * * Further Civ.”
Homan, Inc. v. A1 AG Servs., L.L.C., 885 N.E.2d 253 (Ohio Ct. App. 2008). · cites it 2דR.C. 2311.04 provides for jury trials in civil cases: Issues of law must be tried by the court, unless referred as provided in the Rules of Civil Procedure.”
Armstrong v. Marathon Oil Co., 513 N.E.2d 776 (Ohio 1987). “” Appellant also points to R.C. 2311.04 which provides that: “* * * Issues of fact arising in actions for the recovery of money only, * * * shall be tried by a jury * * The scope of such statute is certainly no greater than the constitutional provision.”
State Ex Rel. Csank v. Jaffe, 668 N.E.2d 996 (Ohio Ct. App. 1995). “R.C. 2311.04 specifically grants the respondent the power “to order any issue to be tried by a jury.”
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