Ohio § 2107.17 Depositions may be taken by commission

Ohio Statutes

§ 2107.17 — Depositions may be taken by commission

Ohio § 2107.17

Title 21Courts-Probate-Juvenile

Ch. 2107Wills

This text of Ohio § 2107.17 (Depositions may be taken by commission) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 2107.17 (2026).

Text

When a witness to a will, or other witness  competent to testify at a probate or declaratory judgment  proceeding, resides out of its jurisdiction, or resides within it  but is infirm and unable to attend court, the probate court may  issue a commission with the will annexed directed to any suitable  person. In lieu of the original will, the probate court, in its  discretion, may annex to the commission a photocopy of the will or  a copy of the will made by any similar process. The person to whom  the commission is directed shall take the deposition or authorize  the taking of the deposition of the witness as provided by the  Rules of Civil Procedure. The testimony, certified and returned,  shall be admissible and have the same effect in the proceedings as  if taken in open court.

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When a witness to a will, or other witness competent to testify at a probate or declaratory judgment proceeding, resides out of its jurisdiction, or resides within it but is infirm and unable to attend court, the probate court may issue a commission with the will annexed directed to any suitable person. In lieu of the original will, the probate court, in its discretion, may annex to the commission a photocopy of the will or a copy of the will made by any similar process. The person to whom the commission is directed shall take the deposition or authorize the taking of the deposition of the witness as provided by the Rules of Civil Procedure. The testimony, certified and returned, shall be admissible and have the same effect in the proceedings as if taken in open court.