Ohio Rev. Code » Chapter 2725
Ohio Revised Code

Ohio Rev. Code § 2725.21 (2026)

Forfeiture by clerk for refusal to issue writ

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Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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A clerk of a court who refuses to issue a writ of habeas corpus, after an allowance of such writ and a demand therefor, shall forfeit to the party aggrieved the sum of five hundred dollars.
Notes of Decisions
Cited in 2 cases, 2001–2015 · leading case: Thomas v. Lewis, 2001 UT 49, 26 P.3d 217.
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Thomas v. Lewis, 2001 UT 49, 26 P.3d 217. “534:27 (1997) (liability applies to "person to whom a writ of habeas corpus is directed [who] refuses to receive it, or conceals himself or avoids"); Ohio Rev.Code Ann. § 2725.21 (Anderson 2000) (liability applies to "a clerk of court who refuses to issue a writ of habeas…”
Turner v. Kelly, 2015-Ohio-3414. “Kelly has not refused to issue a writ of habeas corpus, relator is not entitled to the monetary award he seeks against her pursuant to R.C. 2725.21 and R.C. 2725.22. {¶12} Accordingly, we dismiss relator’s petition for a writ of mandamus.”
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