Ohio Revised Code

Ohio Rev. Code § 2335.39 (2026)

Compensation for fees incurred by prevailing party in connection with action or appeal

✓ current as of May 2026

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(A) As used in this section:

(1) "Court" means any court of record.

(2) "Eligible party" means a party to an action or appeal involving the state, other than the following:

(a) The state;

(b) An individual whose net worth exceeded one million dollars at the time the action or appeal was filed;

(c) A sole owner of an unincorporated business that had, or a partnership, corporation, association, or organization that had, a net worth exceeding five million dollars at the time the action or appeal was filed, except that an organization that is described in subsection 501(c)(3) and is tax exempt under subsection 501(a) of the Internal Revenue Code shall not be excluded as an eligible party under this division because of its net worth;

(d) A sole owner of an unincorporated business that employed, or a partnership, corporation, association, or organization that employed, more than five hundred persons at the time the action or appeal was filed.

(3) "Fees" means reasonable attorney's fees, in an amount not to exceed seventy-five dollars per hour or a higher hourly fee approved by the court.

(4) "Internal Revenue Code" means the "Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as amended.

(5) "Prevailing eligible party" means an eligible party that prevails in an action or appeal involving the state.

(6) "State" has the same meaning as in section 2743.01 of the Revised Code.

(B)(1) Except as provided in divisions (B)(2) and (F) of this section, in a civil action, or appeal of a judgment in a civil action, to which the state is a party, or in an appeal of an adjudication order of an agency pursuant to section 119.12 of the Revised Code, the prevailing eligible party is entitled, upon filing a motion in accordance with this division, to compensation for fees incurred by that party in connection with the action or appeal. Compensation, when payable to a prevailing eligible party under this section, is in addition to any other costs and expenses that may be awarded to that party by the court pursuant to law or rule.

A prevailing eligible party that desires an award of compensation for fees shall file a motion requesting the award with the court within thirty days after the court enters final judgment in the action or appeal. The motion shall do all of the following:

(a) Identify the party;

(b) Indicate that the party is the prevailing eligible party and is entitled to receive an award of compensation for fees;

(c) Include a statement that the state's position in initiating the matter in controversy was not substantially justified;

(d) Indicate the amount sought as an award;

(e) Itemize all fees sought in the requested award. The itemization shall include a statement from any attorney who represented the prevailing eligible party, that indicates the fees charged, the actual time expended, and the rate at which the fees were calculated.

(2) Upon the filing of a motion under this section, the court shall review the request for the award of compensation for fees and determine whether the position of the state in initiating the matter in controversy was substantially justified, whether special circumstances make an award unjust, and whether the prevailing eligible party engaged in conduct during the course of the action or appeal that unduly and unreasonably protracted the final resolution of the matter in controversy. The court shall issue an order, in writing, on the motion of the prevailing eligible party, which order shall include a statement indicating whether an award has been granted, the findings and conclusions underlying it, the reasons or bases for the findings and conclusions, and, if an award has been granted, its amount. The order shall be included in the record of the action or appeal, and the clerk of the court shall mail a certified copy of it to the state and the prevailing eligible party.

With respect to a motion under this section, the state has the burden of proving that its position in initiating the matter in controversy was substantially justified, that special circumstances make an award unjust, or that the prevailing eligible party engaged in conduct during the course of the action or appeal that unduly and unreasonably protracted the final resolution of the matter in controversy.

A court considering a motion under this section may deny an award entirely, or reduce the amount of an award that otherwise would be payable, to a prevailing eligible party only as follows:

(a) If the court determines that the state has sustained its burden of proof that its position in initiating the matter in controversy was substantially justified or that special circumstances make an award unjust, the motion shall be denied;

(b) If the court determines that the state has sustained its burden of proof that the prevailing eligible party engaged in conduct during the course of the action or appeal that unduly and unreasonably protracted the final resolution of the matter in controversy, the court may reduce the amount of an award, or deny an award, to that party to the extent of that conduct.

An order of a court considering a motion under this section is appealable as in other cases, by a prevailing eligible party that is denied an award or receives a reduced award. If the case is an appeal of the adjudication order of an agency pursuant to section 119.12 of the Revised Code, the agency may appeal an order granting an award. The order of the court may be modified by the appellate court only if it finds that the grant or the failure to grant an award, or the calculation of the amount of an award, involved an abuse of discretion.

(C) Compensation for fees awarded to a prevailing eligible party under this section may be paid by the specific branch of the state government or the state department, board, office, commission, agency, institution, or other instrumentality over which the party prevailed in the action or appeal from any funds available to it for payment of such compensation. If compensation is not paid from such funds or such funds are not available, upon the filing of the court's order in favor of the prevailing eligible party with the clerk of the court of claims, the order shall be treated as if it were a judgment under Chapter 2743. of the Revised Code and be payable in accordance with the procedures specified in section 2743.19 of the Revised Code, except that interest shall not be paid in relation to the award.

(D) If compensation for fees is awarded under this section to a prevailing eligible party that is appealing an agency adjudication order pursuant to section 119.12 of the Revised Code, it shall include the fees incurred in the appeal and, if requested in the motion, the fees incurred by the party in the adjudication hearing conducted under Chapter 119. of the Revised Code. A motion containing such a request shall itemize, in the manner described in division (B)(1)(e) of section 119.092 of the Revised Code, the fees, as defined in that section, that are sought in an award.

(E) Each court that orders during any fiscal year compensation for fees to be paid to a prevailing eligible party pursuant to this section shall prepare a report for that year. The report shall be completed no later than the first day of October of the fiscal year following the fiscal year covered by the report, and copies of it shall be filed with the general assembly. It shall contain the following information:

(1) The total amount and total number of awards of compensation for fees required to be paid to prevailing eligible parties;

(2) The amount and nature of each individual award ordered;

(3) Any other information that may aid the general assembly in evaluating the scope and impact of awards of compensation for fees.

(F) The provisions of this section do not apply in any of the following:

(1) Appropriation proceedings under Chapter 163. of the Revised Code;

(2) Civil actions or appeals of civil actions that involve torts;

(3) An appeal pursuant to section 119.12 of the Revised Code that involves any of the following:

(a) An adjudication order entered after a hearing described in division (F) of section 119.092 of the Revised Code;

(b) A prevailing eligible party represented in the appeal by an attorney who was paid pursuant to an appropriation by the federal or state government or a local government;

Notes of Decisions

Cited in 51 cases (9 in the last 5 years), 1987–2026 · leading case: Cincinnati City Sch. Dist. Bd. of Educ. v. State Bd. of Educ., 2009 Ohio 3628 (Ohio 2009).

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Cincinnati City Sch. Dist. Bd. of Educ. v. State Bd. of Educ., 2009 Ohio 3628 (Ohio 2009). · cites it 56× “Because the Cincinnati City School District Board of Education, appellee, is an organization with more than 500 employees, it is not an eligible party for purposes of recovering attorney fees under R.C. 2335.39. We reverse the judgment of the court of appeals and reinstate the…”

State ex rel. R.T.G., Inc. v. State, 780 N.E.2d 998 (Ohio 2002). · cites it 9× “Attorney Fees {¶ 62} RTG also sought an award of attorney fees and costs pursuant to R.C. 2335.39 and 2731.11, which was denied by the appellate court.”

Holden v. Ohio Bureau of Motor Vehs., 587 N.E.2d 880 (Ohio Ct. App. 1990). · cites it 23× “Mjfe * * " Holden argues that R.C. 2335.39, which sets forth the procedure for recovering attorney's fees against the state; does not give the state the right to appeal.”

State ex rel. R.T.G., Inc. v. State, 2002 Ohio 6716 (Ohio 2002). · cites it 9× “Attorney Fees {¶62} RTG also sought an award of attorney fees and costs pursuant to R.C. 2335.39 and 2731.11, which was denied by the appellate court.”

Mech. Contractors Ass'n v. Univ. of Cincinnati, 788 N.E.2d 670 (Ohio Ct. App. 2003). · cites it 15× “Plaintiffs contend that R.C. 2335.39 provides the statutory authorization for an award of attorney fees in this case.”

Fagan v. Boggs, 2011 Ohio 5884 (Ohio Ct. App. 2011). · cites it 10× “092 and award them attorney’s fees and costs pursuant to that statute, as well as R.C. 2335.39 and 2721.11.2 The ODA responded by filing an amended answer on October 9, 2007, and the matter proceeded with discovery.”

Orth v. State of Ohio, Dept. of Edn, 2015 Ohio 3977 (Ohio Ct. App. 2015). · cites it 9× “1 On April 3, 2013, appellant filed with this court a motion for attorney fees pursuant to R.C. 2335.39 and Chapter 119. On April 12, 2013, ODE filed both a memorandum in opposition to appellant's motion for attorney fees and a motion to dismiss appellant's motion for attorney…”

Wright v. Ohio Dept. of Job & Fam. Servs., 2022 Ohio 1046 (Ohio Ct. App. 2022). · cites it 39× “Wright pursuant to Revised Code Section 2335.39 in connection with his appeal of the ODJFS’s decision to the trial court under Section 5101.”

Haghighi v. Moody, 789 N.E.2d 673 (Ohio Ct. App. 2003). · cites it 5× “” {¶ 10} R.C. 2335.39 is Ohio’s version of the Federal Equal Access to Justice Act.”

High. Valets, Inc. v. Ohio Dep't of Transp., 526 N.E.2d 112 (Ohio Ct. App. 1987). · cites it 8× “That section refers to R.C. 2335.39 regarding compensation for attorney fees.”

Collyer v. Broadview Dev. Ctr., 611 N.E.2d 390 (Ohio Ct. App. 1992). · cites it 27× “Appellant, Bruce Collyer, appeals from a judgment of the Franklin County Court of Common Pleas which denied his motion for attorney fees under R.C. 2335.39 and 119.092. In his sole assignment of error, appellant contends that the trial court erred in denying the motion.”

Parker v. I&F Insulation Co., 730 N.E.2d 972 (Ohio 2000). · cites it 3× “Under R.C. 2335.39, a prevailing party is one “that prevails in an action or appeal involving the state.”

Show all 51 citing cases →

— Ohio Rev. Code § 2335.39(A) — 2 cases

Cincinnati City Sch. Dist. Bd. of Educ. v. State Bd. of Educ., 893 N.E.2d 530 (Ohio Ct. App. 2008).

Korn v. Ohio State Med. Bd., 594 N.E.2d 720 (Ohio Ct. App. 1991).

— Ohio Rev. Code § 2335.39(A)(1) — 1 case

Gross v. Ohio Dept. of Agric., Div. of Weights & Measures, 2023 Ohio 4280 (Ohio Ct. App. 2023).

— Ohio Rev. Code § 2335.39(A)(2) — 6 cases

Cincinnati City Sch. Dist. Bd. of Educ. v. State Bd. of Educ., 2009 Ohio 3628 (Ohio 2009). “Because the Cincinnati City School District Board of Education, appellee, is an organization with more than 500 employees, it is not an eligible party for purposes of recovering attorney fees under R.C. 2335.39. We reverse the judgment of the court of appeals and reinstate the…”

Cincinnati City Sch. Dist. Bd. of Educ. v. State Bd. of Educ., 893 N.E.2d 530 (Ohio Ct. App. 2008).

Arth Brass Aluminum Castings, Inc. v. Ryan, 07ap-811 (3-13-2008), 2008 Ohio 1109 (Ohio Ct. App. 2008).

Korn v. Ohio State Med. Bd., 594 N.E.2d 720 (Ohio Ct. App. 1991).

Gilmore v. Ohio State Dental Bd., 831 N.E.2d 461 (Ohio Ct. App. 2005).

— Ohio Rev. Code § 2335.39(A)(2)(a) — 2 cases

Cincinnati City Sch. Dist. Bd. of Educ. v. State Bd. of Educ., 893 N.E.2d 530 (Ohio Ct. App. 2008).

— Ohio Rev. Code § 2335.39(A)(2)(b) — 2 cases

Cincinnati City Sch. Dist. Bd. of Educ. v. State Bd. of Educ., 893 N.E.2d 530 (Ohio Ct. App. 2008).

State ex rel. Ohio Atty. Gen. v. Mohiuddin, 2025 Ohio 2692 (Ohio Ct. App. 2025).

— Ohio Rev. Code § 2335.39(A)(2)(c) — 1 case

— Ohio Rev. Code § 2335.39(A)(2)(d) — 2 cases

Cincinnati City Sch. Dist. Bd. of Educ. v. State Bd. of Educ., 893 N.E.2d 530 (Ohio Ct. App. 2008).

— Ohio Rev. Code § 2335.39(A)(3) — 2 cases

Fagan v. Boggs, 2011 Ohio 5884 (Ohio Ct. App. 2011). “092 and award them attorney’s fees and costs pursuant to that statute, as well as R.C. 2335.39 and 2721.11.2 The ODA responded by filing an amended answer on October 9, 2007, and the matter proceeded with discovery.”

Korn v. Ohio State Med. Bd., 594 N.E.2d 720 (Ohio Ct. App. 1991).

— Ohio Rev. Code § 2335.39(A)(5) — 4 cases

State ex rel. Infinity Secs., Inc. v. Froment, 2020 Ohio 5090 (Ohio Ct. App. 2020).

State ex rel. Ohio Atty. Gen. v. Mohiuddin, 2025 Ohio 2692 (Ohio Ct. App. 2025).

— Ohio Rev. Code § 2335.39(A)(6) — 4 cases

Agrawal v. Univ. of Cincinnati, 2017 Ohio 8644 (Ohio Ct. App. 2017).

Mech. Contractors Ass'n v. Univ. of Cincinnati, 788 N.E.2d 670 (Ohio Ct. App. 2003). “Plaintiffs contend that R.C. 2335.39 provides the statutory authorization for an award of attorney fees in this case.”

Knight v. Trumbull Cty. Bd. of Elections, 583 N.E.2d 1328 (Ohio Ct. App. 1989).

Cincinnati City Sch. Dist. Bd. of Educ. v. State Bd. of Educ., 893 N.E.2d 530 (Ohio Ct. App. 2008).

— Ohio Rev. Code § 2335.39(B) — 5 cases

Twism Ents., L.L.C. v. State Bd. Reg. for Prof'l Engineers & Surveyors, 2021 Ohio 3665 (Ohio Ct. App. 2021).

Collyer v. Broadview Dev. Ctr., 611 N.E.2d 390 (Ohio Ct. App. 1992). “Appellant, Bruce Collyer, appeals from a judgment of the Franklin County Court of Common Pleas which denied his motion for attorney fees under R.C. 2335.39 and 119.092. In his sole assignment of error, appellant contends that the trial court erred in denying the motion.”

High. Valets, Inc. v. Ohio Dep't of Transp., 526 N.E.2d 112 (Ohio Ct. App. 1987). “That section refers to R.C. 2335.39 regarding compensation for attorney fees.”

In Re Williams, 605 N.E.2d 475 (Ohio Ct. App. 1992).

— Ohio Rev. Code § 2335.39(B)(1) — 10 cases

Kellard v. Cincinnati, 2021 Ohio 1420 (Ohio Ct. App. 2021).

Kamalu v. Paren, Inc., 132 P.3d 378 (Haw. 2006).

Wright v. Ohio Dept. of Job & Fam. Servs., 2022 Ohio 1046 (Ohio Ct. App. 2022). “Wright pursuant to Revised Code Section 2335.39 in connection with his appeal of the ODJFS’s decision to the trial court under Section 5101.”

— Ohio Rev. Code § 2335.39(B)(1)(a) — 1 case

— Ohio Rev. Code § 2335.39(B)(2) — 7 cases

State ex rel. R.T.G., Inc. v. State, 780 N.E.2d 998 (Ohio 2002). “Attorney Fees {¶ 62} RTG also sought an award of attorney fees and costs pursuant to R.C. 2335.39 and 2731.11, which was denied by the appellate court.”

State ex rel. R.T.G., Inc. v. State, 2002 Ohio 6716 (Ohio 2002). “Attorney Fees {¶62} RTG also sought an award of attorney fees and costs pursuant to R.C. 2335.39 and 2731.11, which was denied by the appellate court.”

Gilmore v. Ohio State Dental Bd., 831 N.E.2d 461 (Ohio Ct. App. 2005).

Korn v. Ohio State Med. Bd., 594 N.E.2d 720 (Ohio Ct. App. 1991).

— Ohio Rev. Code § 2335.39(B)(2)(a) — 1 case

— Ohio Rev. Code § 2335.39(B)(2)(b) — 4 cases

In Re Williams, 605 N.E.2d 475 (Ohio Ct. App. 1992).

Cincinnati City Sch. Dist. Bd. of Educ. v. State Bd. of Educ., 893 N.E.2d 530 (Ohio Ct. App. 2008).

Korn v. Ohio State Med. Bd., 594 N.E.2d 720 (Ohio Ct. App. 1991).

State ex rel. Ohio Atty. Gen. v. Mohiuddin, 2025 Ohio 2692 (Ohio Ct. App. 2025).

— Ohio Rev. Code § 2335.39(BX1) — 1 case

Boyle v. Ohio State Med. Bd., 6 Ohio App. Unrep. 300 (Ohio Ct. App. 1990).

— Ohio Rev. Code § 2335.39(BX2) — 1 case

Holden v. Ohio Bureau of Motor Vehs., 587 N.E.2d 880 (Ohio Ct. App. 1990). “Mjfe * * " Holden argues that R.C. 2335.39, which sets forth the procedure for recovering attorney's fees against the state; does not give the state the right to appeal.”

— Ohio Rev. Code § 2335.39(D) — 2 cases

Twism Ents., L.L.C. v. State Bd. Reg. for Prof'l Engineers & Surveyors, 2021 Ohio 3665 (Ohio Ct. App. 2021).

— Ohio Rev. Code § 2335.39(F) — 3 cases

Haghighi v. Moody, 789 N.E.2d 673 (Ohio Ct. App. 2003). “” {¶ 10} R.C. 2335.39 is Ohio’s version of the Federal Equal Access to Justice Act.”

— Ohio Rev. Code § 2335.39(F)(3)(a) — 1 case

— Ohio Rev. Code § 2335.39(F)(3)(c) — 1 case

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