Ohio § 2317.06
Full text of Ohio Ohio Revised Code § 2317.06, with citation guidance and answers to common questions.
§ 2317.06.
(A) If a party or witness, after testifying orally, dies, is beyond the jurisdiction
of the court, cannot be found after diligent search, is unable to testify because
of any physical or mental infirmity, or has been summoned but appears to have been
kept away by the adverse party and if the evidence of the party or witness has been
taken down by an official stenographer, the evidence so taken may be read in evidence
by either party on the further trial of the case and shall be prima-facie evidence
of what the deceased party or witness testified to orally on the former trial. If the evidence has not been taken by an official stenographer, it may be proved
by witnesses who were present at the former trial, having knowledge of the testimony. All testimony so offered shall be open to all objections that might be taken if
the witness was personally present. (B)(1) If it is necessary in a civil action before the court to procure the testimony of
a person who is imprisoned in a workhouse, juvenile detention facility, jail, or state
correctional institution within this state, or who is in the custody of the department
of youth services, the court shall require that the person's testimony be taken by
deposition pursuant to the Civil Rules at the place of the person's confinement, unless
the court determines that the interests of justice demand that the person be brought
before the court for the presentation of the person's testimony. (2) If the court determines that the interests of justice demand that a person specified
in division (B)(1) of this section be brought before the court for the presentation
of the person's testimony, the court shall order the person to be brought before it
under the procedures set forth in division (B) or (C) of section 2945.47 of the Revised Code . (C) When a person's deposition is taken pursuant to division (B)(1) of this section,
the person shall remain in the custody of the officer who is in charge of the person,
and the officer shall provide reasonable facilities for the taking of the deposition. (D) The person requesting the testimony of the person whose deposition is taken pursuant
to division (B)(1) of this section shall pay the expense of taking the deposition,
except that the court may tax the expense as court costs in appropriate cases.
Frequently Asked Questions About Ohio § 2317.06
What does Ohio Revised Code § 2317.06 cover?
Section 2317.06 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2317.06?
A common citation format is "Ohio Revised Code § 2317.06" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2317.06 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.