Ohio Rev. Code » Chapter 313
Ohio Revised Code

Ohio Rev. Code § 313.10 (2026)

Records to be public - certified copies as evidence

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
April 9, 2025
Latest Legislation:
House Bill 497 - 135th General Assembly
PDF:
Download Authenticated PDF
 

(A)(1) Except as otherwise provided in this section, the records of the coroner who has jurisdiction over the case, including, but not limited to, the detailed descriptions of the observations written during the progress of an autopsy and the conclusions drawn from those observations filed in the office of the coroner under division (A) of section 313.13 of the Revised Code, made personally by the coroner or by anyone acting under the coroner's direction or supervision, are public records. Those records, or transcripts or photostatic copies of them, certified by the coroner shall be received as evidence in any criminal or civil action or proceeding in a court in this state, as to the facts contained in those records. The coroner of the county where the death was pronounced shall be responsible for the release of all public records relating to that death.

(2) Except as otherwise provided in division (D) or (E) of this section, the following records in a coroner's office are not public records:

(a) Preliminary autopsy and investigative notes and findings made by the coroner or by anyone acting under the coroner's direction or supervision;

(b) Photographs of a decedent made by the coroner or by anyone acting under the coroner's direction or supervision;

(c) Suicide notes;

(d) Medical and psychiatric records provided to the coroner, a deputy coroner, or a representative of the coroner or a deputy coroner under section 313.091 of the Revised Code;

(e) Records of a deceased individual that are confidential law enforcement investigatory records as defined in section 149.43 of the Revised Code;

(f) Laboratory reports generated from the analysis of physical evidence by the coroner's laboratory that is discoverable under Criminal Rule 16.

(3) In the coroner's discretion, photographs of a decedent may be used for medical, legal, or educational purposes.

(B) All records in the coroner's office that are public records are open to inspection by the public, and any person may receive a copy of any such record or part of it upon demand in writing, accompanied by payment of a record retrieval and copying fee, at the rate of twenty-five cents per page or a minimum fee of one dollar.

(C)(1) The coroner shall provide a copy of the full and complete records of the coroner with respect to a decedent to a person who makes a written request as the next of kin of the decedent. The following persons may make a request pursuant to this division as the next of kin of a decedent:

(a) The surviving spouse of the decedent;

(b) If there is no surviving spouse, or if the surviving spouse has died without having made a request pursuant to this division, any child of the decedent over eighteen years of age, with each child over eighteen years of age having an independent right to make a request pursuant to this division;

(c) If there is no surviving spouse or child over eighteen years of age, or if the surviving spouse and all children over eighteen years of age have died without having made a request pursuant to this division, the parents of the decedent, with each parent having an independent right to make a request pursuant to this division;

(d) If there is no surviving spouse, child over eighteen years of age, or parents of the decedent, or if all have died without having made a request pursuant to this division, the brothers and sisters of the decedent, whether of the whole or the half blood, with each having an independent right to make a request pursuant to this division.

(2) If there is no surviving person who may make a written request as next of kin for a copy of the full and complete records of the coroner pursuant to division (C)(1) of this section, or if all next of kin of the decedent have died without having made a request pursuant to that division, the coroner shall provide a copy of the full and complete records of the coroner with respect to a decedent to the representative of the estate of the decedent who is the subject of the records upon written request made by the representative.

(D) A journalist may submit to the coroner a written request to view suicide notes, photographs of the decedent made by the coroner or by anyone acting under the coroner's discretion or supervision, or preliminary autopsy and investigative notes and findings but not records of a deceased individual that are confidential law enforcement investigatory records as defined in section 149.43 of the Revised Code. The request shall include the journalist's name and title and the name and address of the journalist's employer and state that the granting of the request would be in the best interest of the public. If a journalist submits a written request to the coroner to view the records described in this division and the final autopsy is not yet completed, the coroner may grant the journalist's request. After the final autopsy report and final death certification are complete, if a journalist submits a written request to the coroner to view the records described in this division, the coroner shall grant the journalist's request.

A journalist shall not copy the preliminary autopsy and investigative notes and findings, suicide notes, or photographs of the decedent.

(E)(1) An insurer may submit to the coroner a written request to obtain a copy of the full and complete records of the coroner with respect to a deceased person. The request shall include the name of the deceased person, the type of policy to which the written request relates, and the name and address of the insurer.

(2) If an insurer submits a written request to the coroner to obtain a copy of records pursuant to division (E)(1) of this section, the coroner shall grant that request.

(3) Upon the granting of a written request to obtain a copy of records by the coroner, the insurer may utilize the records for the following purposes:

(a) To investigate any first party claim or third party claim asserted under a policy of insurance issued by the insurer that arises from the death of the deceased person;

(b) To determine coverage for any first party claim or third party claim asserted under a policy of insurance issued by the insurer that arises from the death of the deceased person;

(c) To determine the insurer's liability for any first party claim or third party claim asserted under a policy of insurance issued by the insurer that arises from the death of the deceased person.

(4) Prior to the delivery of records that are the subject of a request made pursuant to division (E)(1) of this section, the coroner may require the insurer who submitted the written request for the records to provide a payment to the coroner of a record retrieval and copying fee at the rate of twenty-five cents per page or a minimum fee of one dollar.

(5) Any records produced by the coroner in response to a written request under division (E)(1) of this section shall remain in the care, custody, and control of the insurer and its employees or representatives at all times. The insurer may not release or disclose the records to any other person unless any of the following apply:

(a) The release of the records is reasonably necessary to further a purpose described in division (E)(3) of this section.

(b) A court of competent jurisdiction orders the insurer to produce the records.

(c) The insurer is required to produce the records in response to a civil or criminal subpoena.

(d) The insurer is responding to a request for the records from a law enforcement agency, the department of insurance or a department of insurance from another state, or another governmental authority.

(F) The coroner may contact the decedent's next of kin to inform the next of kin that a journalist or an insurer has submitted a written request pursuant to division (D) or (E) of this section and whether the coroner has granted the journalist's or the insurer's request.

(G) As used in this section:

(1) "Full and complete records of the coroner" includes, but is not limited to, the following:

(a) The detailed descriptions of the observations written by the coroner or by anyone acting under the coroner's direction or supervision during the progress of an autopsy and the conclusions drawn from those observations that are filed in the office of the coroner under division (A) of section 313.13 of the Revised Code;

(b) Preliminary autopsy and investigative notes and findings made by the coroner or by anyone acting under the coroner's direction or supervision;

(c) Photographs of a decedent made by the coroner or by anyone acting under the coroner's direction or supervision;

(d) Suicide notes;

(e) Medical and psychiatric records provided to the coroner, a deputy coroner, or a representative of the coroner or a deputy coroner under section 313.091 of the Revised Code;

(f) Records of a deceased individual that are confidential law enforcement investigatory records as defined in section 149.43 of the Revised Code;

(g) Laboratory reports generated from the analysis of physical evidence by the coroner's laboratory that is discoverable under Criminal Rule 16.

(2) "Insurer" has the same meaning as in section 3901.07 of the Revised Code.

(3) "Journalist" has the same meaning as in section 149.43 of the Revised Code.

Last updated January 28, 2025 at 11:20 AM

Notes of Decisions
Cited in 23 cases (7 in the last 5 years), 1954–2026 · leading case: State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017).
Sort: Relevance Newest Treatment
State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017). · cites it 83× “The ME had argued that when R.C. 313.10 is read in pari materia with R.”
State v. Maxwell, 2014 Ohio 1019 (Ohio 2014). · cites it 2× “” {¶ 303} Pursuant to R.C. 313.10(A), autopsy records “shall be received as evidence in any criminal or civil action or proceeding in a court in this state, as to the facts contained in those records.”
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist. (Slip Opinion), 2018 Ohio 3721 (Ohio 2018). · cites it 23× “Legal analysis {¶ 11} The Enquirer seeks to review certain documents in the custody of the coroner's office.”
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist., 2017 Ohio 1084 (Ohio Ct. App. 2017). · cites it 61× “{¶2} First, because the requested records are not public records, as the Enquirer acknowledges, this case is governed by R.C. 313.10 instead of R.C. 149.43. Pike App.”
State v. Craig, 853 N.E.2d 621 (Ohio 2006). “60639, 1992 WL 114592 (defendant not denied right to confrontation where coroner who did not conduct the autopsy was permitted to testify).”
State v. Woodards, 215 N.E.2d 568 (Ohio 1966). · cites it 2× “The court held that while Section 2855-11, General Code (Section 313.10, Revised Code), makes the records of the coroner admissible, admissibility is limited to the facts contained therein.”
Ludlow v. Ohio Dept. of Health, 2022 Ohio 3399 (Ohio Ct. App. 2022). · cites it 2× “{¶ 19} Ludlow points to a statutory provision not considered in Walsh, R.C. 313.10(A)(1), which provides that, absent an applicable exception, "the detailed descriptions of the observations written during the progress of an autopsy and the conclusions drawn from those…”
State v. Adams, 2012 Ohio 2719 (Ohio Ct. App. 2012). “2d 621, ¶ 80-82, 88 , citing R.C. 313.10 (certified records of a coroner are public records and shall be received as evidence in any criminal or civil court) and Evid.”
State ex rel. Dayton Newspapers, Inc. v. Rauch, 465 N.E.2d 458 (Ohio 1984). “09 in part provides: “The coroner shall keep a complete record of and shall fill in the cause of death on the death certificate, in all cases coming under his jurisdiction.”
Bello v. Ohio Dept. of Rehab. & Corr., 2020 Ohio 4559 (Ohio Ct. Cl. 2020). “21(E), which provides for the release of “inmate records to the department of youth services or a court of record, and the department of youth services or the court of record may use those records for the limited purpose of carrying out the duties of the department of youth…”
Bergfeld v. New York, Chicago & St. Louis Rd., 144 N.E.2d 483 (Ohio Ct. App. 1956). · cites it 2× “This evidence was offered by the plaintiff, pursuant to the provisions of Section 313.10, Revised Code, which reads as follows: “The records of the coroner, made by himself or by anyone acting under his direction or supervision are public records, and such records, or…”
Goldsby v. Gerber, 511 N.E.2d 417 (Ohio Ct. App. 1987). “R.C. 313.10, 313.19. They are a special type of admissible public records.”
Show all 23 citing cases →
— Ohio Rev. Code § 313.10(A) — 2 cases
State v. Maxwell, 2014 Ohio 1019 (Ohio 2014). “” {¶ 303} Pursuant to R.C. 313.10(A), autopsy records “shall be received as evidence in any criminal or civil action or proceeding in a court in this state, as to the facts contained in those records.”
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist., 2017 Ohio 1084 (Ohio Ct. App. 2017). “{¶2} First, because the requested records are not public records, as the Enquirer acknowledges, this case is governed by R.C. 313.10 instead of R.C. 149.43. Pike App.”
— Ohio Rev. Code § 313.10(A)(1) — 10 cases
State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017). “The ME had argued that when R.C. 313.10 is read in pari materia with R.”
Ludlow v. Ohio Dept. of Health, 2022 Ohio 3399 (Ohio Ct. App. 2022). “{¶ 19} Ludlow points to a statutory provision not considered in Walsh, R.C. 313.10(A)(1), which provides that, absent an applicable exception, "the detailed descriptions of the observations written during the progress of an autopsy and the conclusions drawn from those…”
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist. (Slip Opinion), 2018 Ohio 3721 (Ohio 2018). “Legal analysis {¶ 11} The Enquirer seeks to review certain documents in the custody of the coroner's office.”
State v. Steckel, 2026 Ohio 979 (Ohio Ct. App. 2026).
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist., 2017 Ohio 1084 (Ohio Ct. App. 2017). “{¶2} First, because the requested records are not public records, as the Enquirer acknowledges, this case is governed by R.C. 313.10 instead of R.C. 149.43. Pike App.”
— Ohio Rev. Code § 313.10(A)(1)(f) — 1 case
State ex rel. Castellon v. Cuyahoga Cty. Prosecutor's Off., 2025 Ohio 2787 (Ohio 2025).
— Ohio Rev. Code § 313.10(A)(2) — 5 cases
State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017). “The ME had argued that when R.C. 313.10 is read in pari materia with R.”
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist. (Slip Opinion), 2018 Ohio 3721 (Ohio 2018). “Legal analysis {¶ 11} The Enquirer seeks to review certain documents in the custody of the coroner's office.”
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist., 2017 Ohio 1084 (Ohio Ct. App. 2017). “{¶2} First, because the requested records are not public records, as the Enquirer acknowledges, this case is governed by R.C. 313.10 instead of R.C. 149.43. Pike App.”
State ex rel. Almazan v. Gilson, 2021 Ohio 435 (Ohio Ct. App. 2021).
State ex rel. Bandy v. Gilson, 2020 Ohio 1031 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 313.10(A)(2)(a) — 2 cases
State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017). “The ME had argued that when R.C. 313.10 is read in pari materia with R.”
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist., 2017 Ohio 1084 (Ohio Ct. App. 2017). “{¶2} First, because the requested records are not public records, as the Enquirer acknowledges, this case is governed by R.C. 313.10 instead of R.C. 149.43. Pike App.”
— Ohio Rev. Code § 313.10(A)(2)(b) — 1 case
State ex rel. Bandy v. Gilson, 2020 Ohio 1031 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 313.10(A)(2)(d) — 1 case
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist., 2017 Ohio 1084 (Ohio Ct. App. 2017). “{¶2} First, because the requested records are not public records, as the Enquirer acknowledges, this case is governed by R.C. 313.10 instead of R.C. 149.43. Pike App.”
— Ohio Rev. Code § 313.10(A)(2)(e) — 4 cases
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist., 2017 Ohio 1084 (Ohio Ct. App. 2017). “{¶2} First, because the requested records are not public records, as the Enquirer acknowledges, this case is governed by R.C. 313.10 instead of R.C. 149.43. Pike App.”
Bello v. Ohio Dept. of Rehab. & Corr., 2020 Ohio 4559 (Ohio Ct. Cl. 2020). “21(E), which provides for the release of “inmate records to the department of youth services or a court of record, and the department of youth services or the court of record may use those records for the limited purpose of carrying out the duties of the department of youth…”
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist. (Slip Opinion), 2018 Ohio 3721 (Ohio 2018). “Legal analysis {¶ 11} The Enquirer seeks to review certain documents in the custody of the coroner's office.”
Cobb v. Summit Cty. Prosecutor, 2020 Ohio 636 (Ohio Ct. Cl. 2020).
— Ohio Rev. Code § 313.10(B) — 2 cases
State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017). “The ME had argued that when R.C. 313.10 is read in pari materia with R.”
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist. (Slip Opinion), 2018 Ohio 3721 (Ohio 2018). “Legal analysis {¶ 11} The Enquirer seeks to review certain documents in the custody of the coroner's office.”
— Ohio Rev. Code § 313.10(C) — 3 cases
State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017). “The ME had argued that when R.C. 313.10 is read in pari materia with R.”
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist., 2017 Ohio 1084 (Ohio Ct. App. 2017). “{¶2} First, because the requested records are not public records, as the Enquirer acknowledges, this case is governed by R.C. 313.10 instead of R.C. 149.43. Pike App.”
State ex rel. Almazan v. Gilson, 2021 Ohio 435 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 313.10(C)(1) — 4 cases
State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017). “The ME had argued that when R.C. 313.10 is read in pari materia with R.”
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist. (Slip Opinion), 2018 Ohio 3721 (Ohio 2018). “Legal analysis {¶ 11} The Enquirer seeks to review certain documents in the custody of the coroner's office.”
State v. Church-Green, 2024 Ohio 1996 (Ohio Ct. App. 2024).
State ex rel. Bandy v. Gilson, 2020 Ohio 1031 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 313.10(C)(1)(c) — 1 case
State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017). “The ME had argued that when R.C. 313.10 is read in pari materia with R.”
— Ohio Rev. Code § 313.10(C)(2) — 1 case
State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017). “The ME had argued that when R.C. 313.10 is read in pari materia with R.”
— Ohio Rev. Code § 313.10(D) — 3 cases
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist. (Slip Opinion), 2018 Ohio 3721 (Ohio 2018). “Legal analysis {¶ 11} The Enquirer seeks to review certain documents in the custody of the coroner's office.”
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist., 2017 Ohio 1084 (Ohio Ct. App. 2017). “{¶2} First, because the requested records are not public records, as the Enquirer acknowledges, this case is governed by R.C. 313.10 instead of R.C. 149.43. Pike App.”
State ex rel. Bandy v. Gilson, 2020 Ohio 1031 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 313.10(E) — 2 cases
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist., 2017 Ohio 1084 (Ohio Ct. App. 2017). “{¶2} First, because the requested records are not public records, as the Enquirer acknowledges, this case is governed by R.C. 313.10 instead of R.C. 149.43. Pike App.”
State ex rel. Bandy v. Gilson, 2020 Ohio 1031 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 313.10(E)(1) — 1 case
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist. (Slip Opinion), 2018 Ohio 3721 (Ohio 2018). “Legal analysis {¶ 11} The Enquirer seeks to review certain documents in the custody of the coroner's office.”
— Ohio Rev. Code § 313.10(G) — 1 case
State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017). “The ME had argued that when R.C. 313.10 is read in pari materia with R.”
— Ohio Rev. Code § 313.10(G)(1) — 2 cases
State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017). “The ME had argued that when R.C. 313.10 is read in pari materia with R.”
State ex rel. Cincinnati Enquirer v. Pike Cty. Gen. Health Dist., 2017 Ohio 1084 (Ohio Ct. App. 2017). “{¶2} First, because the requested records are not public records, as the Enquirer acknowledges, this case is governed by R.C. 313.10 instead of R.C. 149.43. Pike App.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.