Ohio Revised Code

Ohio Rev. Code § 2317.38 (2026)

Notice of intention to offer report

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The report or finding mentioned in section 2317.36 of the Revised Code is not admissible unless the party offering it has given notice to the adverse party a reasonable time before trial of his intention to offer it, together with a copy of the report or finding, or so much thereof as relates to the controversy, and has afforded him a reasonable opportunity to inspect and copy any records or other documents in the offering party's possession or control, on which the report or finding was based, and also the names of all persons furnishing facts upon which the report or finding was based.

This section and sections 2317.36 and 2317.37 of the Revised Code shall be so interpreted and construed as to effectuate their general purpose to make the law of this state uniform with those states which enact similar legislation.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1992–2024 · leading case: Dellenbach v. Robinson, 642 N.E.2d 638 (Ohio Ct. App. 10th Dist. 1993).
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Dellenbach v. Robinson, 642 N.E.2d 638 (Ohio Ct. App. 10th Dist. 1993). · cites it 2× “R.C. 2317.38 provides: *375 “The report or finding mentioned in section 2317.”
Worthington City Schs. v. Abco Insulation, 616 N.E.2d 550 (Ohio Ct. App. 10th Dist. 1992). “R.C. 2317.38 allows the admission of the article into evidence as long as conditions, such as notice to the other party, are met, as they were here.”
State v. Harvey, 2011-Ohio-1201. “R.C. 2317.38. Richland County, Case No. 10-CA-45 7 {¶25} The examiner must file a written report with the court within 30 days after entry of a court order for evaluation and the court is required to provide copies of the report to the prosecutor and defense counsel.”
State v. Henry, 2024-Ohio-2369. “37 permits cross-examination by the opposing party, "but the fact that his testimony is not obtainable shall not render the report or finding inadmissible, unless the trial court finds that substantial injustice would be done to the adverse party by its admission"; and R.C.…”
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