Free The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 6... - Ohio

The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614. 387.9800 or 1.800.824.8263 www.cco.state.oh.us

Rule 6 Of The Rules Of The Court Of Claims Of Ohio Effective July 1,1975

Administrative Determination Of Claims By The Clerk; Duties Of Claimant, Defendant And Clerk
(A) INITIATION OF ADMINISTRATIVE DETERMINATION. A claim against the state which may be determined administratively pursuant to R.C. 2743.10 shall be filed on a complaint form provided by the clerk of the court of claims. The clerk shall retain the original complaint form and send copies of the complaint form to the attorney general and the state department, board, office, commission, agency, institution, or instrumentality named as defendant in the complaint form. The defendant shall investigate the claim and file three copies of a completed court of claims Investigation form with the clerk. The investigation form and attachments shall be filed with the clerk within sixty days of receipt of the claim by the defendant. Within the sixty day period, the attorney general, by written motion, may request an extension of time for filing the investigation report, provided that he sets forth reasons for the extension. If an extension is granted, the clerk shall set a date certain for the filing of the investigation report. The clerk shall retain one copy of the investigation report and send copies to the attorney general and the claimant. The clerk shall notify the claimant that within twenty-one days after receipt of the report, the claimant may, in person or in writing, respond to the investigation report. Within the twenty-one day period, the claimant, by written motion, may request an extension of time in which to respond to the investigation report, provided that he sets forth reasons for the extension. If an extension is granted, the clerk shall set a date certain for the filing of responses to the investigation report. (B) TIME OF ADMINISTRATIVE DETERMINATION. Within forty-two days after mailing the investigation report to the claimant, or as soon thereafter as practicable, the clerk, or deputy clerk, shall administratively determine the claim. (C) POWER OF THE CLERK. In administrative determinations, the clerk or deputy clerk has the same power as a judge of the court of claims to regulate all proceedings before him. He may, among other things, conduct hearings, require the production of evidence, rule upon motions, determine admissibility and probative value of evidence, require submission of briefs or memoranda, summon and compel attendance of witnesses, including parties, and call and examine them under oath. (D) CONDUCT OF ADMlNlSTRATIVE DETERMINATION. Unless otherwise ordered by the clerk, administrative determinations shall be made upon the form complaint, attachments to the form complaint. the investigation report, attachments to the investigation report, claimant's written or oral responses to the investigation report and such other testimony or material that the clerk deems to have probative value.

Page 1 of 4

(E) EVIDENCE IN ADMlNlSTRATIVE DETERMINATIONS. The formal rules of evidence do not apply to administrative determinations, but all proof shall have such probative value as satisfies the clerk. (F) DISCOVERY. Discovery procedures shall not be initiated in administrative determinations without the permission of the clerk. (G) DETERMINATION OF THE CLERK. The clerk's determination shall be in writing and include findings of fact and conclusions of law. The clerk shall, simultaneously with the entry of the determination, send by mail copies of the determination to the attorney general, the claimant and the named defendant. (H) APPEAL OF DETERMINATION. (1) Determination of the clerk final. The determination of the clerk is final unless a motion for court review is filed within thirty days after the date of journalization of the entry of the determination. A motion for court review filed before entry of such determination shall be treated as filed after such entry and on the day thereof. (2) Motion for court review. A motion for review shall be in writing, specify the determination or part thereof to be reviewed, state with particularity the errors complained of and include a memorandum which sets forth movant's argument and supporting legal authorities. (3) Service of motion for review. A motion for review shall be served pursuant to Civil Rule 5(B) (4) Reply memorandum. A reply memorandum may be served and filed by the responding party within fourteen days after service of the motion for review. (5) Hearing on motion for review. Upon filing of a motion for review, the clerk shall submit the entire file of the claim to a judge of the court of claims who shall review the clerk's determination. The judge may order oral argument. (6) Court review. Upon review of the clerk's determination the judge shall confirm the clerk's determination and enter judgment thereon or, if there is substantial error, vacate the clerk's determination and, pursuant to R.C. 2743.12, draft and journalize his own judgment.

Page 2 of 4

Instructions For Form Complaint
The form follows these instructions

USE OF FORM COMPLAINT: The form complaint must be used for all claims for $2,500.00 or less. All claims for $2,500.00 and less are administratively determined by the Clerk or Deputy Clerk of the Court of Claims pursuant to the statutes and the Court of Claims Administrative Determination Rule, a copy of which is attached to these instructions. Complaints for more than $2,500.00 should be drafted to conform to the requirements of the Ohio Rules of Civil Procedure. Although the form complaint may be used to commence claims for over $2,500.00, the Court may require the complaint to be redrafted to conform to the requirements of the Ohio Rules of Civil Procedure. PROOF OF CLAIM: There is no right of jury trial in claims against the State of Ohio. All claims against the State are determined by the Clerk, a Deputy Clerk or a Judge of the Court of Claims. As in all civil actions, the plaintiff has the burden of proof. Plaintiff must prove liability, injury and damages by a preponderance of the evidence. Plaintiff must attach two copies of all supporting documents to the complaint. The Court may require that plaintiff produce the originals. The following is a partial list of evidence that plaintiff should, if appropriate, use to prove a claim: the certificate of title for an automobile; detailed medical reports prepared and signed by plaintiff's physician or physicians; paid or unpaid bills; estimates of the cost of repair or replacement; the actual document-the contract, check, drawing, plan, memo, etc., which is the basis of the claim; sworn, signed and notarized statements from witnesses to the incident or from witnesses with knowledge of the incident; police reports; and photographs. NUMBER OF COPIES, FILING, FILING FEE: Plaintiff must complete and file the complaint form with the Clerk of the Court of Claims, The Ohio Judicial Center, 65 South Front Street, Third Floor, Columbus, Ohio 43215. A filing may be made by mail. The Clerk will not process the complaint unless it is accompanied by a filing fee of $25.00 in the form of a check or money order made payable to the Court of Claims. The Clerk will file and process the complaint if the plaintiff is in fact unable to pay the filing fee and files an affidavit of indigency in lieu of the filing fee.

HOW TO COMPLETE FORM:
The instructions that follow are personalized in an attempt to assist plaintiffs. Plaintiff must properly complete and file the form. Remember, this form begins a civil action in which YOU-the plaintiff-must prove your claim by a preponderance of the evidence. Blanks (1) through (8). This information is very important. The Court must be able to contact you and must know exactly what state agency is involved so that it can send a copy of this complaint to that state agency. You must name the proper defendant agency and state the agency's complete address. If there is more than one plaintiff in an action, each plaintiff should be listed, on additional sheets if necessary, and each plaintiff should sign at Blank 21. Blanks (9) through (11). Self-explanatory. Blank (12). In Blank 12, tell how the incident occurred, e.g., "negligently drove his state truck into the left side of my 1981 Chevrolet Citation on 1-71 northbound, approximately 300 feet north of milepost 120north of the 1270 interchange"; "entered into an oral contract to purchase fuel oil from me and failed to pay for 222 gallons of diesel fuel, which I delivered on February 11,1983, to the Department of Transportation Garage at Route 303 and Interstate 71 in Medina County"; "took my radio and watch during a shake-down inspection at the Southern Ohio Correctional Facility" Blank (13). In Blank 13, state the location and extent of the injury, damage or loss, e.g., "damage to the left front door and vent window of my car"; "loss of $99.99 for 222 gallons of diesel fuel at $.45 a gallon"; "loss of one Timex electric watch valued at $45.00"; "one G.E. clock radio valued at $45.00"; and "hurt my left wrist and incurred the following expense: Riverwood Hospital emergency room $25.00, Dr. James Brown $25.00, Doc's Pharmacy $10.50." To substantiate your injury, damage, or loss you should attach two copies of each bill, receipt or statement to the complaint filed with the Court, e-g., you must make two copies of the paid bill for "Doc's Pharmacy" and attach them to the complaint.
Page 3 of 4

Blank (14). Add all the individual items listed in Blank (12). If the amount is over $2.500.00, you should file your complaint on the form required by the Ohio Rules of Civil Procedure. You may use the form complaint to commence a claim of more than $2,500.00 but the Court may require you to redraft and refile your complaint. Blank (15). State the names and addresses of all witnesses. If possible, obtain witness statements and attach two copies of each statement to the form complaint. If you learn of additional witnesses after you file your claim, you must promptly inform the Court of their names and addresses. Blank (16). If you have insurance coverage circle "/have/" and complete Blanks (17) and (18). If you do not have insurance coverage, circle "/do not have/" and disregard Blanks (17) and (18). Blank (19). If you have received payments from any source, e.g., auto insurance, hospitalization, workers' compensation, etc. as a result of the injury, damage or loss, circle "/have/" and complete Blank (20). If you have not received any payments, circle "I have not/" and disregard Blank (20). If you receive any payments for your injury, damage, or loss after you file your claim, you must inform the Court of the amount and source of the payment. Blank (21). Your signature on Blank (21) certifies that the statements contained in the form are true. Making a false report is a crime under R.C. 2921.13 which reads in pertinent part: (A) no person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following apply: (1) The statement is made in any official proceeding . . . (3) The statement is made with purpose to mislead a public official in performing his official function . . . (6)The statement is sworn or affirmed before a notary public or other person empowered to administer oaths . . . In addition, if your claim is based on personal injury, your signature waives the physician-patient privilege. This means that the defendant or the Court can ask your doctor or doctors about the injury which is the basis of the claim. If plaintiff is under eighteen years of age, Blank (21) should be signed by plaintiff's father, or mother, or his legal guardian, e.g., "John Smith, father of plaintiff James F. Smith." The parent or guardian should sign all further filings which are made while the plaintiff is under eighteen years of age. Blank (22). Civil Rule 11 applies to signatures by attorneys. Blanks (23) through (25). Self-explanatory. ADDITIONAL PAGES: If this form does not provide sufficient space, you may state the information on continuation pages if you identify this information as "Continuation of Blank ( )" and then state the information, e.g., "Continuation of Blank (13): one Parker pen and pencil set valued at $28.00, five tapes having a total value of $40.00," etc. APPEAL: After the claim has been decided, the losing party may file a motion for court review of the Clerk's determination within thirty (30) days of the entry of that decision [see attached Rule 6(H)]. If you win your case, processing for payment cannot be initiated until this appeal period has run. COURT COSTS: The$25.00 filing fee required by statute is not returnable. The Clerk must charge the fees and costs required by the statutes and court rules. Thus, if you lose the case and costs are assessed against you, you will have to pay additional court costs. If you move or change your telephone number, you must give the Court written notice of the new address or telephone number. Your case may be DISMISSED if the Court cannot contact you. READ THE COMPLAINT AGAIN: Have you completed every blank? Have you signed it? Have you included two copies of the supporting documents? Have you included the filing fee of $25.00?
Page 4 of 4