Ohio § 2107.72 Rules of procedure - jury trial

Ohio Statutes

§ 2107.72 — Rules of procedure - jury trial

Ohio § 2107.72

Title 21Courts-Probate-Juvenile

Ch. 2107Wills

This text of Ohio § 2107.72 (Rules of procedure - jury trial) 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. § 2107.72 (2026).

Text

(A)The Rules of Civil Procedure govern all aspects of a will contest action, except as otherwise provided in sections2107.71to2107.77of the Revised Code.

(B)(1) Each party to a will contest action has the right to a jury trial of the action. To assert the right, a party shall demand a jury trial in the manner prescribed in the Rules of Civil Procedure. Subject to division (B)(2) of this section, if a party demands a jury trial in that manner, the action shall be tried to a jury.

(2)Notwithstanding any provision to the contrary in Civil Rule 38, a demand of a jury trial in a will contest action may be withdrawn, if either of the following applies:

(a)All parties to the action who are not in default of answer, consent to the withdrawal of the demand prior to the commencement of the tri

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(A) The Rules of Civil Procedure govern all aspects of a will contest action, except as otherwise provided in sections2107.71to2107.77of the Revised Code.

(B)(1) Each party to a will contest action has the right to a jury trial of the action. To assert the right, a party shall demand a jury trial in the manner prescribed in the Rules of Civil Procedure. Subject to division (B)(2) of this section, if a party demands a jury trial in that manner, the action shall be tried to a jury.

(2) Notwithstanding any provision to the contrary in Civil Rule 38, a demand of a jury trial in a will contest action may be withdrawn, if either of the following applies:

(a) All parties to the action who are not in default of answer, consent to the withdrawal of the demand prior to the commencement of the trial;

(b) All parties to the action who are not in default of answer and who are present at the time of the commencement of the trial, consent to the withdrawal of the demand.