Ohio Rev. Code » Chapter 2743
Ohio Revised Code

Ohio Rev. Code § 2743.03 (2026)

Court of claims

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Effective:
September 30, 2025
Latest Legislation:
House Bill 96 - 136th General Assembly
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(A)(1) There is hereby created a court of claims. Except as provided under section 107.43 of the Revised Code, the court of claims is a court of record and has exclusive, original jurisdiction of all civil actions against the state permitted by the waiver of immunity contained in section 2743.02 of the Revised Code and exclusive jurisdiction of the causes of action of all parties in civil actions that are removed to the court of claims. The court shall have full equity powers in all actions within its jurisdiction and may entertain and determine all counterclaims, cross-claims, and third-party claims.

(2) If the claimant in a civil action as described in division (A)(1) of this section also files a claim for a declaratory judgment, injunctive relief, or other equitable relief against the state that arises out of the same circumstances that gave rise to the civil action described in division (A)(1) of this section, the court of claims has exclusive, original jurisdiction to hear and determine that claim in that civil action. This division does not affect, and shall not be construed as affecting, the original jurisdiction of another court of this state to hear and determine a civil action in which the sole relief that the claimant seeks against the state is a declaratory judgment, injunctive relief, or other equitable relief.

(3) In addition to its exclusive, original jurisdiction as conferred by divisions (A)(1) and (2) of this section, the court of claims has exclusive, original jurisdiction as follows:

(a) As described in division (F) of section 2743.02, division (B) of section 3335.03, and division (C) of section 5903.02 of the Revised Code;

(b) Under section 2743.75 of the Revised Code to hear complaints alleging a denial of access to public records in violation of division (B) of section 149.43 of the Revised Code, regardless of whether the public office or person responsible for public records is an office or employee of the state or of a political subdivision;

(c) Under section 118.29 of the Revised Code to appoint a receiver.

(B) The court of claims shall sit in Franklin county, its hearings shall be public, and it shall consist of incumbent justices or judges of the supreme court, courts of appeals, or courts of common pleas, or retired justices or judges eligible for active duty pursuant to division (C) of Section 6 of Article IV, Ohio Constitution, sitting by temporary assignment of the chief justice of the supreme court. The chief justice may direct the court to sit in any county for cases on removal upon a showing of substantial hardship and whenever justice dictates.

(C)(1) A civil action against the state shall be heard and determined by a single judge. Upon application by the claimant or the state, the chief justice of the supreme court may assign a panel of three judges to hear and determine a civil action presenting novel or complex issues of law or fact. Concurrence of two members of the panel is necessary for any judgment or order.

(2) Whenever the chief justice of the supreme court believes an equitable resolution of a case will be expedited, the chief justice may appoint magistrates in accordance with Civil Rule 53 to hear the case.

(3) When any dispute under division (B) of section 153.12 of the Revised Code is brought to the court of claims, upon request of either party to the dispute, the chief justice of the supreme court shall appoint a single referee or a panel of three referees. The referees need not be attorneys, but shall be persons knowledgeable about construction contract law, a member of the construction industry panel of the American arbitration association, or an individual or individuals deemed qualified by the chief justice to serve. No person shall serve as a referee if that person has been employed by an affected state agency or a contractor or subcontractor involved in the dispute at any time in the preceding five years. Proceedings governing referees shall be in accordance with Civil Rule 53, except as modified by this division. The referee or panel of referees shall submit its report, which shall include a recommendation and finding of fact, to the judge assigned to the case by the chief justice, within thirty days of the conclusion of the hearings. Referees appointed pursuant to this division shall be compensated on a per diem basis at the same rate as is paid to judges of the court and also shall be paid their expenses. If a single referee is appointed or a panel of three referees is appointed, then, with respect to one referee of the panel, the compensation and expenses of the referee shall not be taxed as part of the costs in the case but shall be included in the budget of the court. If a panel of three referees is appointed, the compensation and expenses of the two remaining referees shall be taxed as costs of the case.

All costs of a case shall be apportioned among the parties. The court may not require that any party deposit with the court cash, bonds, or other security in excess of two hundred dollars to guarantee payment of costs without the prior approval in each case of the chief justice.

(4) An appeal from a decision of the attorney general pursuant to sections 2743.51 to 2743.72 of the Revised Code shall be heard and determined by the court of claims.

(D) The Rules of Civil Procedure shall govern practice and procedure in all actions in the court of claims, except insofar as inconsistent with this chapter. The supreme court may promulgate rules governing practice and procedure in actions in the court as provided in Section 5 of Article IV, Ohio Constitution.

(E)(1) A party who files a counterclaim against the state or makes the state a third-party defendant in an action commenced in any court, other than the court of claims, shall file a petition for removal in the court of claims. The petition shall state the basis for removal, be accompanied by a copy of all process, pleadings, and other papers served upon the petitioner, and shall be signed in accordance with Civil Rule 11. A petition for removal based on a counterclaim shall be filed within twenty-eight days after service of the counterclaim of the petitioner. A petition for removal based on third-party practice shall be filed within twenty-eight days after the filing of the third-party complaint of the petitioner.

(2) Within seven days after filing a petition for removal, the petitioner shall give written notice to the parties, and shall file a copy of the petition with the clerk of the court in which the action was brought originally. The filing effects the removal of the action to the court of claims, and the clerk of the court where the action was brought shall forward all papers in the case to the court of claims. The court of claims shall adjudicate all civil actions removed. The court may remand a civil action to the court in which it originated upon a finding that the removal petition does not justify removal, or upon a finding that the state is no longer a party.

(3) Bonds, undertakings, or security and injunctions, attachments, sequestrations, or other orders issued prior to removal remain in effect until dissolved or modified by the court of claims.

Last updated July 21, 2025 at 10:43 AM

Notes of Decisions
Cited in 222 cases (67 in the last 5 years), 1981–2026 · leading case: Smith v. Ohio State Univ., 2024-Ohio-764, 247 N.E.3d 288.
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Smith v. Ohio State Univ., 2024-Ohio-764, 247 N.E.3d 288. · cites it 29× “02—R.C. 2743.03—Under R.C. Chapter 2743, Court of Claims has subject-matter jurisdiction to hear suits brought against the state when the state has waived its sovereign immunity—The state has not waived its sovereign immunity when it acts pursuant to its highly discretionary…”
State ex rel. Sawicki v. Court of Common Pleas of Lucas Cty., 2009-Ohio-1523, 905 N.E.2d 1192. · cites it 9× “The court of appeals granted Sawicki’s summary- judgment motion and granted the writ of procedendo based on its holding that in the underlying medical-malpractice case, Sawicki sought a declaratory judgment, which the judicial appellants had jurisdiction to determine within the…”
Cirino v. Bur. of Workers' Comp. (Slip Opinion), 2018-Ohio-2665, 106 N.E.3d 41. · cites it 6× “R.C. 2743.03(A)(1). This determination requires an understanding of how the bureau makes workers' compensation benefit payments and the nature of Cirino's claim in this suit.”
State ex rel. Newton v. Court of Claims, 653 N.E.2d 366 (Ohio 1995). · cites it 7× “02 of the Revised Code, exclusive jurisdiction of the causes of action of all parties in civil actions that are removed to the court of claims, and jurisdiction to hear appeals from the decisions of the court of claims commissioners.”
Upjohn Co. v. Ohio Dep't of Human Servs., 603 N.E.2d 1089 (Ohio Ct. App. 10th Dist. 1991). · cites it 11× “R.C. 2743.03(A), which defines the jurisdiction of the Court of Claims, provides two bases for the jurisdiction of the Court of Claims over claims for injunctive and declaratory relief: “(1) * * * The court of claims is a court of record and has exclusive, original jurisdiction…”
Tiemann v. Univ. of Cincinnati, 712 N.E.2d 1258 (Ohio Ct. App. 10th Dist. 1998). · cites it 7× “R.C. 2743.03(A)(1) provides for the creation of the Ohio Court of Claims to hear civil actions permitted'by the waiver of immunity contained in R.”
Santos v. Ohio Bureau of Workers' Comp., 801 N.E.2d 441 (Ohio 2004). · cites it 3× “” R.C. 2743.03 established the Court of Claims, vesting it with “exclusive, original jurisdiction of all civil actions against the state permitted by the waiver of immunity contained in section 2743.”
Barrow v. Vill. of New Miami, 2018-Ohio-217, 104 N.E.3d 814. · cites it 4× “4 Pursuant to R.C. 2743.03, the court of claims has exclusive jurisdiction over civil actions against the state for money damages that sound in law.”
San Allen, Inc. v. Buehrer, 2014-Ohio-2071, 11 N.E.3d 739. · cites it 4× “R.C. 2743.03 established the court of claims, granting it “exclusive, original jurisdiction of all civil actions against the state permitted by the waiver of immunity contained in section 2743.”
State ex rel. Ohio Bur. of Workers' Comp. v. O'Donnell, 2023-Ohio-428, 224 N.E.3d 1057. · cites it 6× “] Mandamus—Prohibition—R.C. 2743.03(A)—Court of Claims Act—Claim for declaratory and injunctive relief filed by public employer against Bureau of Workers’ Compensation is a legal claim over which common-pleas-court judge lacks subject-matter jurisdiction—Writs of mandamus and…”
Cleveland v. Ohio Bur. of Workers' Comp. (Slip Opinion), 2020-Ohio-337, 152 N.E.3d 172. · cites it 3× “] R.C. 2743.03(A)—Employer’s claim against Bureau of Workers’ Compensation is a legal claim, not an equitable claim, and thus, it should have been filed in the Court of Claims.”
Nease v. Med. Coll. Hospitals, 596 N.E.2d 432 (Ohio 1992). · cites it 3× “03(A)(1), “has exclusive, original jurisdiction of all civil actions against the state permitted by the waiver of immunity contained in section 2743.”
Show all 222 citing cases →
Ohio Rev. Code § 2743.03(A): 33 cases
Cleveland v. Ohio Bur. of Workers' Comp. (Slip Opinion), 2020-Ohio-337, 152 N.E.3d 172. “] R.C. 2743.03(A)—Employer’s claim against Bureau of Workers’ Compensation is a legal claim, not an equitable claim, and thus, it should have been filed in the Court of Claims.”
Hughes-Bechtol, Inc. v. State (In re Hughes-Bechtol, Inc.), 141 B.R. 946 (Bankr. S.D. Ohio 1992).
Burr v. Bd. of Cnty. Commissioners, 491 N.E.2d 1101 (Ohio 1986).
Harris v. Ohio Dep't of Vets. Servs., 2018-Ohio-2165, 114 N.E.3d 634.
Nease v. Med. Coll. Hospitals, 596 N.E.2d 432 (Ohio 1992). “03(A)(1), “has exclusive, original jurisdiction of all civil actions against the state permitted by the waiver of immunity contained in section 2743.”
Ohio Rev. Code § 2743.03(A)(1): 79 cases
Smith v. Ohio State Univ., 2024-Ohio-764, 247 N.E.3d 288. “02—R.C. 2743.03—Under R.C. Chapter 2743, Court of Claims has subject-matter jurisdiction to hear suits brought against the state when the state has waived its sovereign immunity—The state has not waived its sovereign immunity when it acts pursuant to its highly discretionary…”
Cirino v. Bur. of Workers' Comp. (Slip Opinion), 2018-Ohio-2665, 106 N.E.3d 41. “R.C. 2743.03(A)(1). This determination requires an understanding of how the bureau makes workers' compensation benefit payments and the nature of Cirino's claim in this suit.”
State ex rel. Newton v. Court of Claims, 653 N.E.2d 366 (Ohio 1995). “02 of the Revised Code, exclusive jurisdiction of the causes of action of all parties in civil actions that are removed to the court of claims, and jurisdiction to hear appeals from the decisions of the court of claims commissioners.”
Petrone v. Cleveland State Univ., 993 F. Supp. 1119 (N.D. Ohio 1998).
Manning v. Ohio State Library Bd., 577 N.E.2d 650 (Ohio 1991).
Ohio Rev. Code § 2743.03(A)(2): 40 cases
State ex rel. Sawicki v. Court of Common Pleas of Lucas Cty., 2009-Ohio-1523, 905 N.E.2d 1192. “The court of appeals granted Sawicki’s summary- judgment motion and granted the writ of procedendo based on its holding that in the underlying medical-malpractice case, Sawicki sought a declaratory judgment, which the judicial appellants had jurisdiction to determine within the…”
Smith v. Ohio State Univ., 2024-Ohio-764, 247 N.E.3d 288. “02—R.C. 2743.03—Under R.C. Chapter 2743, Court of Claims has subject-matter jurisdiction to hear suits brought against the state when the state has waived its sovereign immunity—The state has not waived its sovereign immunity when it acts pursuant to its highly discretionary…”
Cirino v. Bur. of Workers' Comp. (Slip Opinion), 2018-Ohio-2665, 106 N.E.3d 41. “R.C. 2743.03(A)(1). This determination requires an understanding of how the bureau makes workers' compensation benefit payments and the nature of Cirino's claim in this suit.”
Upjohn Co. v. Ohio Dep't of Human Servs., 603 N.E.2d 1089 (Ohio Ct. App. 10th Dist. 1991). “R.C. 2743.03(A), which defines the jurisdiction of the Court of Claims, provides two bases for the jurisdiction of the Court of Claims over claims for injunctive and declaratory relief: “(1) * * * The court of claims is a court of record and has exclusive, original jurisdiction…”
San Allen, Inc. v. Buehrer, 2014-Ohio-2071, 11 N.E.3d 739. “R.C. 2743.03 established the court of claims, granting it “exclusive, original jurisdiction of all civil actions against the state permitted by the waiver of immunity contained in section 2743.”
Ohio Rev. Code § 2743.03(A)(3): 1 case
Jones v. Vermilion Local Sch. Dist. Bd. of Edn., 2022-Ohio-3949.
Ohio Rev. Code § 2743.03(A)(3)(B): 1 case
Lavar v. Accel Schs. Ohio, 2025-Ohio-3150.
Ohio Rev. Code § 2743.03(A)(3)(b): 5 cases
Lavar v. Accel Schs. Ohio, 2025-Ohio-3150.
Whitehead v. Ohio Dept. of Rehab. & Corr., 2023-Ohio-625.
Martin v. New Philadelphia Police Dept., 2023-Ohio-1862.
Knapp v. Lorain Cty. Dom. Court Juv. Div., 2023-Ohio-3621.
Webb v. Buckeye Schs., 2024-Ohio-1267.
Ohio Rev. Code § 2743.03(B): 3 cases
Conley v. Shearer, 595 N.E.2d 862 (Ohio 1992).
Conley v. Shearer, 1992 Ohio 133 (Ohio 1992).
Wilcox Indus., Inc. v. State, 607 N.E.2d 514 (Ohio Ct. App. 1st Dist. 1992).
Ohio Rev. Code § 2743.03(C): 2 cases
J&H Reinforcing & Structural Erectors, Inc. v. Ohio Sch. Facilities Comm., 2014-Ohio-1963.
Reynolds v. Div. of Parole & Cmty. Servs., 492 N.E.2d 172 (Ohio Ct. Cl. 1985).
Ohio Rev. Code § 2743.03(C)(1): 7 cases
Theobald v. Univ. of Cincinnati, 857 N.E.2d 573 (Ohio 2006).
Literal v. Dept. of Rehab. & Corr., 2016-Ohio-8536, 79 N.E.3d 1267.
McClain v. State, 2022-Ohio-4722, 223 N.E.3d 361.
Accurate Elec. Constr., Inc. v. Ohio State Univ., 2019-Ohio-4992, 149 N.E.3d 1080.
Irby v. Ohio Dept. of Rehab. & Corr., 2017-Ohio-2629.
Ohio Rev. Code § 2743.03(C)(2): 1 case
Conn Constr. Co. v. Ohio Dep't of Transp., 470 N.E.2d 176 (Ohio Ct. App. 10th Dist. 1983).
Ohio Rev. Code § 2743.03(C)(3): 4 cases
Dugan & Meyers Constr. Co. v. Ohio Dep't of Admin. Servs., 864 N.E.2d 68 (Ohio 2007).
Accurate Elec. Constr., Inc. v. Ohio State Univ., 2019-Ohio-4992, 149 N.E.3d 1080.
Colaianni Constr., Inc. v. Indian Creek Local Sch. Dist., 2016-Ohio-8156.
J&H Reinforcing & Structural Erectors, Inc. v. Ohio Sch. Facilities Comm., 2012-Ohio-5308.
Ohio Rev. Code § 2743.03(C)(4): 1 case
City of Columbus v. Heath, 493 N.E.2d 1005 (Ohio Ct. App. 10th Dist. 1985).
Ohio Rev. Code § 2743.03(D): 35 cases
Tiemann v. Univ. of Cincinnati, 712 N.E.2d 1258 (Ohio Ct. App. 10th Dist. 1998). “R.C. 2743.03(A)(1) provides for the creation of the Ohio Court of Claims to hear civil actions permitted'by the waiver of immunity contained in R.”
Anthony v. Columbus City Schs., 2021-Ohio-3241.
Doe v. Ohio State Univ., 2024-Ohio-565.
Geauga Cty. Pros. Off. v. Munson Fire Dept., 2023-Ohio-4437.
Wilson v. Ohio Dep't of Rehab. & Corr., 597 N.E.2d 1148 (Ohio Ct. App. 10th Dist. 1991).
Ohio Rev. Code § 2743.03(E): 14 cases
Smith v. Ohio State Univ., 2024-Ohio-764, 247 N.E.3d 288. “02—R.C. 2743.03—Under R.C. Chapter 2743, Court of Claims has subject-matter jurisdiction to hear suits brought against the state when the state has waived its sovereign immunity—The state has not waived its sovereign immunity when it acts pursuant to its highly discretionary…”
State ex rel. Newton v. Court of Claims, 653 N.E.2d 366 (Ohio 1995). “02 of the Revised Code, exclusive jurisdiction of the causes of action of all parties in civil actions that are removed to the court of claims, and jurisdiction to hear appeals from the decisions of the court of claims commissioners.”
Steward v. State, Dept. of Nat. Resources, 456 N.E.2d 1333 (Ohio Ct. App. 10th Dist. 1983).
State ex rel. Wallace v. Tyack, 469 N.E.2d 844 (Ohio 1984).
Hitch v. Ohio Dep't of Mental Health, 683 N.E.2d 38 (Ohio Ct. App. 10th Dist. 1996).
Ohio Rev. Code § 2743.03(E)(1): 11 cases
Smith v. Ohio State Univ., 2024-Ohio-764, 247 N.E.3d 288. “02—R.C. 2743.03—Under R.C. Chapter 2743, Court of Claims has subject-matter jurisdiction to hear suits brought against the state when the state has waived its sovereign immunity—The state has not waived its sovereign immunity when it acts pursuant to its highly discretionary…”
Hitch v. Ohio Dep't of Mental Health, 683 N.E.2d 38 (Ohio Ct. App. 10th Dist. 1996).
Collins v. Univ. of Cincinnati, 444 N.E.2d 459 (Ohio Ct. App. 1st Dist. 1981).
Littleton v. Holmes Siding Contr., 2013-Ohio-5602.
Lattea v. City of Akron, 458 N.E.2d 868 (Ohio Ct. App. 10th Dist. 1982).
Ohio Rev. Code § 2743.03(E)(2): 13 cases
Smith v. Ohio State Univ., 2024-Ohio-764, 247 N.E.3d 288. “02—R.C. 2743.03—Under R.C. Chapter 2743, Court of Claims has subject-matter jurisdiction to hear suits brought against the state when the state has waived its sovereign immunity—The state has not waived its sovereign immunity when it acts pursuant to its highly discretionary…”
Littleton v. Holmes Siding Contr., 2013-Ohio-5602.
White v. Ohio Dep't of Transp., 564 N.E.2d 462 (Ohio 1990).
Nease v. Med. Coll. Hospitals, 596 N.E.2d 432 (Ohio 1992). “03(A)(1), “has exclusive, original jurisdiction of all civil actions against the state permitted by the waiver of immunity contained in section 2743.”
State ex rel. Newton v. Court of Claims, 653 N.E.2d 366 (Ohio 1995). “02 of the Revised Code, exclusive jurisdiction of the causes of action of all parties in civil actions that are removed to the court of claims, and jurisdiction to hear appeals from the decisions of the court of claims commissioners.”
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