Ohio Revised Code

Ohio Rev. Code § 2743.11 (2026)

Trial by jury

✓ current as of May 2026
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No claimant in the court of claims shall be entitled to have his civil action against the state determined by a trial by jury. Parties retain their right to trial by jury in the court of claims of any civil actions not against the state.

Jury trials shall be conducted at the court of claims, the court of common pleas of Franklin county, or the court of common pleas of the county in which a removed case is tried. Juries shall be drawn from the common pleas list of qualified jurors, and empaneled in the same manner as in cases that originate in the court of common pleas. The state shall pay all expenses incidental to a jury trial, except that juror costs shall be taxed to the losing party.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1989–2025 · leading case: Nevins v. Ohio Dep't of Transp., 724 N.E.2d 433 (Ohio Ct. App. 1998).
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Nevins v. Ohio Dep't of Transp., 724 N.E.2d 433 (Ohio Ct. App. 1998). · cites it 8× “The two cases were tried together between April 21 and April 30, 1997, with the case against Concrete being tried to a jury at the request of the parties, and the case against ODOT tried to a judge pursuant to R.C. 2743.11. The jury found Concrete liable to the Nevinses, and…”
Morgan v. Ohio State Univ. Coll. of Dentistry, 2014 Ohio 1846 (Ohio Ct. App. 2014). · cites it 2× “See R.C. 2743.11 ("No claimant in the court of claims shall be entitled to have his civil action against the state determined by a trial by jury.”
Delta Fuels, Inc. v. Ohio Dept. of Transp., 2015 Ohio 5545 (Ohio Ct. App. 2015). · cites it 12× “ODOT asserts that Delta Fuels is not entitled to a trial by jury in the Court of Claims under R.C. 2743.11 and, regardless, waived a jury trial under the Civ.”
McClain v. State, 2022 Ohio 4722 (Ohio 2022). · cites it 2× “03(C)(1), not by a jury, R.C. 2743.11. Accordingly, the constitutional right to a jury trial never attaches in a proceeding commenced against the state in the court of claims.”
Ries v. Ohio State Univ. Med. Ctr., 2013 Ohio 4545 (Ohio 2013). · cites it 2× “R.C. 2743.11. Can we really say that is what the legislature intended? There is no good reason to extend immunity to physicians who are not actively training students in the practice of medicine.”
Hughes-Bechtol, Inc. v. State (In Re Hughes-Bechtol, Inc.), 141 B.R. 946 (Bankr. S.D. Ohio 1992). · cites it 2× “…jury. Parties retain their right to trial by jury in the court of claims of any civil actions not against the state.” O.R.C. § 2743.11.”
Literal v. Dept. of Rehab. & Corr., 2016 Ohio 8536 (Ohio Ct. App. 2016). “R.C. 2743.11 ("No claimant in the court of claims shall be entitled to have his civil action against the state determined by a trial by jury.”
Tschantz v. Ferguson, 550 N.E.2d 544 (Ohio Ct. App. 1989). “Furthermore, even if privity could be shown between Ferguson and the state, applying this judgment to him would deny Ferguson his constitutionally protected right to have a jury determine his immunity. Section 5, Ar- *13 tide I, Ohio Constitution provides that “[t]he right of…”
Siegel v. Univ. of Cincinnati Coll. of Med., 2015 Ohio 441 (Ohio Ct. App. 2015). “{¶ 19} Appellants suggest that because under R.C. 2743.11 "[n]o claimant in the [C]ourt of [C]laims shall be entitled to have his civil action against the state determined by a trial by jury," with respect to their claims against Dr.”
Reese v. Ohio Dept. of Rehab. & Corr., 2025 Ohio 4748 (Ohio Ct. Cl. 2025). · cites it 2× “See R.C. 2743.11 “No claimant in the court of claims shall be entitled to have his civil action against the state determined by a trial by jury.”
Honnold v. Wagenknecht, 680 N.E.2d 1312 (Ohio Ct. App. 1996). “Also, in the Court of Claims, recoveries against the state must be reduced by the aggregate of insurance proceeds, disability awards or other collateral recovery received by the claimant.”
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