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Showing all Frequently Asked Questions

How can I tell what the statute of limitations is for my case?

The statute of limitations for a court case is the time limit for when a litigant can bring an action. Time limits range from one year to more than 20 years. Many of the common statutes of limitations can be found by consulting the index of the Ohio Revised Code. The Franklin County Law Library also subscribes to the Martindale-Hubbell Law Digest which summarizes limitations of actions for Ohio and the other states. In addition, the following websites are helpful in ascertaining the appropriate statute of limitations:

http://credit.about.com/od/statuteoflimitations/g/ohsol.htm --this link takes the user to simple information about statutes of limitation in credit cases.

http://law.findlaw.com/state-laws/statute-of-limitations/ohio/ --this link gives the most common time periods with reference to the O.R.C. sections.

http://clevelandlawlibrary.org/Public/Misc/faqs/limitations.html --this link gives the type of action with a link to the code section.

Statutes of Limitation  
FAQ entry made: 12/20/2010 11:37:08 AM
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What is the jurisdiction of the municipal courts?
Ohio Revised Code Section 1901.17 gives jurisdiction to the local municipal court in cases where the amount to be recovered is less that $15,000. Section 1901.18 confers subject matter jurisdiction on the municipal courts for a list of different actions.
Jurisdiction  
FAQ entry made: 10/9/2007 3:06:46 PM
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How can a minor become emancipated in Ohio?

As a general rule, a child is emancipated, or freed from parental control, care and custody, upon reaching the age of 18 or upon graduation from high school if a child turns 18 in his or her senior year. In Ohio, emancipation also can occur before that time if the child gets married or joins the military service. While many people think that someone under 18 can go to court and get emancipated, Ohio law does not provide for such a court order. There is no form that one can fill out to become emancipated. Rather, circumstances determine whether or not a person is emancipated in the eyes of the law.

To read more, go to this article from the Ohio State Bar Association: http://www.ohiobar.org/Pages/LawYouCanUseDetail.aspx?itemID=255

 

Children  Emancipation  
FAQ entry made: 9/20/2007 11:46:26 AM
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What is an affidavit and when is a litigant required to file one in court?

An affidavit is a written factual statement, voluntarily signed and sworn in front of a person authorized to administer oaths, such as a notary public.

An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief. Personal knowledge is the recognition of particular facts by either direct observation or experience. Information and belief is what the affiant feels he or she can state as true, although not based on firsthand knowledge. An affidavit based on personal knowledge carries more weight than one based merely on information and belief.

A notary public or other official cannot take affidavits outside of the particular jurisdiction in which he or she exercises authority. The source of this authority must appear at the bottom of the affidavit. A notary, for example, would indicate the county in which he or she is commissioned and the expiration date of the commission. An official seal is not essential to the validity of the affidavit but may be placed on it by the proper official.

Courts often require that a litigant file an affidavit to support a motion. The purpose of the affidavit is to show that there is some factual basis upon which the motion is based. Affidavits are particularly used to support motions in emergency proceedings such as a hearing for the issuance of emergency child custody or for temporary restraining orders.

Sample affidavit forms are available at the Columbus Law Library's website at http://www.fclawlib.org/forms.aspx. These forms are not officially approved by the court.

Affidavit  Notary Public  
FAQ entry made: 9/11/2007 11:38:06 AM
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How can one obtain guardianship of a minor in Ohio?

Guardianship is handled by the Probate Court. The Franklin County Probate Court has posted its application for guardianship forms online at http://www.franklincountyohio.gov/probate/forms/guardianship/guard_forms.cfm.

 

Children  Guardianship  
FAQ entry made: 8/30/2007 11:22:48 AM
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  Page last updated: 12/7/2012 10:17:41 AM
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