Ohio Rev. Code » Chapter 733
Ohio Revised Code

Ohio Rev. Code § 733.39 (2026)

Oaths - compulsory testimony - costs

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Effective:
July 1, 2009
Latest Legislation:
House Bill 525 - 127th General Assembly
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In all cases in which the attendance of witnesses may be compelled for an investigation under section 733.38 of the Revised Code, any member of the legislative authority of the municipal corporation may administer the requisite oaths, and such legislative authority has the same power to compel the giving of testimony by attending witnesses as is conferred upon courts. In all such cases, witnesses shall be entitled to the same privileges and immunities as are allowed witnesses in civil cases. Witnesses shall be paid the same fees and mileage provided for under section 1901.26 of the Revised Code, and the costs of all such proceedings shall be payable from the general fund of the municipal corporation.
Notes of Decisions
Cited in 4 cases, 2014–2020 · leading case: Hurt v. Liberty Twp., 2017-Ohio-7820, 97 N.E.3d 1153.
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Hurt v. Liberty Twp., 2017-Ohio-7820, 97 N.E.3d 1153. · cites it 3× “35 to R.C. 733.39. A private party cannot initiate removal proceedings or conduct the removal hearing.”
Bode v. Concord Twp. Bd. of Trs., 2019-Ohio-2666. “35 to R.C. 733.39. The record does not reflect whether the procedures were strictly or substantially followed.”
Mathias v. Pleasant Twp. Bd. of Trs., 2014-Ohio-3019. · cites it 2× “35 to R.C. 733.39. {¶53} In the case sub judice, a private citizen, Dennis Lee, was originally appointed to conduct an investigation.”
Gearhart v. Union Twp. Bd. of Trs., 2020-Ohio-5615. “” Moreover, R.C. 733.39 provides that “[i]n all cases in which the attendance of witnesses may be compelled for an investigation under section 733.”
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