Ohio Rev. Code » Chapter 2931
Ohio Revised Code

Ohio Rev. Code § 2931.01 (2026)

Definitions pertaining to jurisdiction and venue

✓ current as of May 2026
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Effective:
March 23, 2016
Latest Legislation:
Senate Bill 161 - 131st General Assembly
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(A) As used in Chapters 2931. to 2953. of the Revised Code, "magistrate" includes county court judges, police justices, mayors of municipal corporation, and judges of other courts inferior to the court of common pleas.

(B) As used in Chapters 2931. to 2953., except sections 2933.21 to 2933.33, of the Revised Code:

(1) "Judge" does not include the probate judge.

(2) "Court" does not include the probate court.

(3) "Clerk" does not include the clerk of the probate court.
Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1962–2025 · leading case: State v. Bays, 716 N.E.2d 1126 (Ohio 1999).
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State v. Bays, 716 N.E.2d 1126 (Ohio 1999). · cites it 3× “(2) Bays claims that his counsel should have objected to the presence of a probate judge on the panel, based on R.C. 2931.01. However, State v. Cotton, supra, 56 Ohio St.”
State v. Bays, 1999 Ohio 216 (Ohio 1999). · cites it 3× “Jells, supra, 53 Ohio St.3d at 25-26 , 559 N.E.2d at 468 .”
State v. Brown, 28 N.E.3d 81 (Ohio 2015). · cites it 2× “” And R.C. 2931.01 provides, “As used in Chapters 2931 to 2953 of the Revised Code: * * * (B) ‘Judge’ does not include the probate judge [and] (C) ‘Court’ does not include the probate court.”
State ex rel. Key v. Spicer, 746 N.E.2d 1119 (Ohio 2001). “In the absence of a patent and unambiguous lack of jurisdiction, a court having general subject-matter jurisdiction can determine its own jurisdiction, and a party challenging that jurisdiction has an adequate remedy at law by appeal.”
State v. Brown, 2013 Ohio 2224 (Ohio Ct. App. 2013). · cites it 18× “2012CA00099 4 {¶10} However, R.C. 2931.01 states, “As used in Chapters 2931.”
State v. Gervin, 2016 Ohio 5670 (Ohio Ct. App. 2016). “41(A)(1) which states, “A search warrant authorized by this rule may be issued by a judge of a court of record to search and seize property located within the court's territorial jurisdiction;” and R.C. 2931.01 which provides, “As used in Chapters 2931 to 2953 of the Revised…”
State v. Newman, 2017 Ohio 4047 (Ohio Ct. App. 2017). · cites it 4× “33 , of the Revised Code : (1) "Judge" does not include the probate judge.”
State v. Tolbert, 2015 Ohio 4733 (Ohio Ct. App. 2015). · cites it 4× “But R.C. 2931.01 provides that “(B) ‘Judge’ does not include the probate judge” and “(C) ‘Court’ does not include the probate court.”
State v. Kithcart, 2013 Ohio 3022 (Ohio Ct. App. 2013). · cites it 7× “Although this writer dissented and found a Probate Judge had the authority to issue search warrants, the majority opinion clearly found only a "judge" can issue a warrant at ¶ 18-19: R.C. 2931.01 (B) and (C) became effective January 1, 1976, nearly eight years after the 1968 and…”
State ex rel. Wellington v. Kobly, 858 N.E.2d 798 (Ohio 2006). “04 (“Sections 2931.01 to 2931.03, inclusive, of the Revised Code, do not affect, modify, or limit the jurisdiction of municipal courts”).”
State v. McCloude, 2013 Ohio 2226 (Ohio Ct. App. 2013). · cites it 18× “2012CA00101 4 {¶10} However, R.C. 2931.01 states, “As used in Chapters 2931.”
State v. Shipley, 2013 Ohio 2225 (Ohio Ct. App. 2013). · cites it 18× “2012CA00100 4 {¶10} However, R.C. 2931.01 states, “As used in Chapters 2931.”
Show all 21 citing cases →
Ohio Rev. Code § 2931.01(A): 1 case
State v. Kithcart, 2013 Ohio 3022 (Ohio Ct. App. 2013). “Although this writer dissented and found a Probate Judge had the authority to issue search warrants, the majority opinion clearly found only a "judge" can issue a warrant at ¶ 18-19: R.C. 2931.01 (B) and (C) became effective January 1, 1976, nearly eight years after the 1968 and…”
Ohio Rev. Code § 2931.01(B): 8 cases
State v. Bays, 716 N.E.2d 1126 (Ohio 1999). “(2) Bays claims that his counsel should have objected to the presence of a probate judge on the panel, based on R.C. 2931.01. However, State v. Cotton, supra, 56 Ohio St.”
State v. Bays, 1999 Ohio 216 (Ohio 1999). “Jells, supra, 53 Ohio St.3d at 25-26 , 559 N.E.2d at 468 .”
State v. Brown, 2013 Ohio 2224 (Ohio Ct. App. 2013). “2012CA00099 4 {¶10} However, R.C. 2931.01 states, “As used in Chapters 2931.”
State v. Newman, 2017 Ohio 4047 (Ohio Ct. App. 2017). “33 , of the Revised Code : (1) "Judge" does not include the probate judge.”
State v. Kithcart, 2013 Ohio 3022 (Ohio Ct. App. 2013). “Although this writer dissented and found a Probate Judge had the authority to issue search warrants, the majority opinion clearly found only a "judge" can issue a warrant at ¶ 18-19: R.C. 2931.01 (B) and (C) became effective January 1, 1976, nearly eight years after the 1968 and…”
Ohio Rev. Code § 2931.01(CC): 1 case
State v. DeLong, 2025 Ohio 2432 (Ohio Ct. App. 2025).
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