A written report or finding of facts prepared by an expert who is not a party to the cause, nor an employee of a party, except for the purpose of making such report or finding, nor financially interested in the result of the controversy, and containing the conclusions resulting wholly or partly from written information furnished by the co-operation of several persons acting for a common purpose, shall, in so far as the same is relevant, be admissible when testified to by the person, or one of the persons, making such report or finding without calling as witnesses the persons furnishing the information, and without producing the books or other writings on which the report or finding is based, if, in the opinion of the court, no substantial injustice will be done the opposite party.
Notes of Decisions
Cited in 18
cases (7 in the last 5 years), 1992–2024 · leading case: Dellenbach v. Robinson, 642 N.E.2d 638 (Ohio Ct. App. 10th Dist. 1993).
Dellenbach v. Robinson, 642 N.E.2d 638 (Ohio Ct. App. 10th Dist. 1993). · cites it 7ד1006, and R.C. 2317.36 and 2317.38. R.C. 2317.36 provides: “A written report or finding of facts prepared by an expert * * * and containing the conclusions resulting wholly or partly from written information furnished by the co-operation of several persons acting for a common…”
Hubbard Fam. Trust v. TNT Land Holdings, L.L.C., 2014-Ohio-772. · cites it 3דTNT contends the trial court erred when it relied upon R.C. 2317.36, which provides: A written report or finding of facts prepared by an expert * * * and containing the conclusions resulting wholly or partly from written information furnished by the co-operation of several…”
Roach v. Roach, 607 N.E.2d 35 (Ohio Ct. App. 2d Dist. 1992). · cites it 2דSpecifically, Russell argues that the admission of this report into evidence without the testimony of the doctor violated R.C. 2317.36, which states in pertinent part: “A written report or finding of facts prepared by an expert who is not a party to the cause * * *• and…”
State v. Whitling, 2018-Ohio-1360, 110 N.E.3d 63. · cites it 2דThe written report of the evaluation of the defendant " may be admitted into evidence at the hearing by stipulation" or, if objected to by either party, " may be admitted under sections 2317.36 to 2317.38 of the Revised Code or any other applicable statute or rule.”
Worthington City Schs. v. Abco Insulation, 616 N.E.2d 550 (Ohio Ct. App. 10th Dist. 1992). · cites it 3ד36 specifically provides, as follows: “A written report * * * prepared by an expert * * * containing the conclusions resulting wholly or partly from written information furnished by the cooperation of several persons acting for a common purpose, shall, in so far as the same is…”
Sayre v. Hoelzle-Sayre, 653 N.E.2d 712 (Ohio Ct. App. 3d Dist. 1994). “Appellant’s reliance on R.C. 2317.36, which generally governs the admission of experts’ written reports, is misguided.”
State v. Voris, 2022-Ohio-152. “A written report of the evaluation of the defendant may be admitted into evidence at the hearing by stipulation, but, if either the prosecution or defense objects to its admission, the report may be admitted under sections 2317.”
State v. Swartz, 2020-Ohio-5037. “37(E) states that “[t]he prosecutor and defense counsel may submit evidence on the issue of the defendant’s competence to -6- stand trial. A written report of the evaluation of the defendant may be admitted into evidence at the hearing by stipulation, but if either the…”
State v. McConnell, 2021-Ohio-41. “A written report of the evaluation of the defendant may be admitted into evidence at the hearing by stipulation, but, if either the prosecution or defense objects to its admission, the report may be admitted under sections 2317.36 to 2317.38 of the Revised Code or any other…”
State v. Matharu, 2017-Ohio-8251. “A written report of the evaluation of the defendant may be admitted into evidence at the hearing by stipulation, but, if either the prosecution or defense objects to its admission, the report may be admitted under sections 2317.”
State v. Cullen, 2024-Ohio-1916, 244 N.E.3d 188. “A written report of the evaluation of the defendant may be admitted into evidence at the hearing by stipulation, but, if either the prosecution or defense objects to its admission, the report may be admitted under sections 2317.36 to 2317.38 of the Revised Code or any other…”
State v. Harris, 2013-Ohio-5733. “{¶26} Harris argues that he did not stipulate to a competency report that found him competent to stand trial and that pursuant to R.C. 2317.36 the report could only be admitted if the person who made it testified.”
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