Private Judging

Private Judging

Are you looking for a private and expedited decision for your case?

Private Judging is often seen as a way to achieve a relatively fast decision in a case by an experienced retired judge. Since 1984, Ohio Revised Code 2701.10 has allowed retired judges to serve as private judges in Ohio courts for civil cases. The statute authorizes that retired judges “shall have all of the powers, duties, and authority of an active judge of the court in which the action is pending.” [See R.C. 2701.10 (C)]

The parties must mutually agree to refer the case to a private judge. To accomplish this, all the parties need to do is enter into a written agreement with the retired judge that describes the specific issue or question to be submitted. The parties must also agree to assume the responsibility to provide facilities needed by the retired judge for the proceeding and agree to compensate the retired judge for his or her services.

The private judge is not allowed to hear jury trials; however, all decisions of a private judge are subject to appeal. [See R.C 2701.10 (D)]

When the courts are backlogged, this is a worthwhile option for parties to explore if they prefer a faster decision from the court.

Private Judging Forms

Private Judging Statute
Agreement for Referral or Submission to Retired Judge
Order of Referral or Submission to Retired Judge

More About Private Judging

With many courts postponing trials and other in-person hearings due to the COVID-19 pandemic, private judging may be a good option for litigants who would prefer that their cases proceed more quickly to an adjudication. The Ohio State Bar Association described private judging as a way to “help resolve a case more quickly and help to ease the overloaded dockets of many Ohio courts, especially in complex and expensive cases, such as malpractice cases.”

Peggy has served as a private judge in various matters including divorces, commercial disputes, and nursing home negligence claims, allowing litigants to avoid the scheduling delays inherent in a Common Pleas Court’s busy docket and have their cases heard in a more private forum.

Contact Foley Jones Dispute Resolution

If you think it’s time to bring closure to your dispute, now is the time to contact us.

1111 Superior Avenue Suite #400
Cleveland, OH 44114

(216) 264-3784

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