Ohio § 5563.04 Hearing of preliminary questions and motions

Ohio Statutes

§ 5563.04 — Hearing of preliminary questions and motions

Ohio § 5563.04

Title 55Roads-Highways-Bridges

Ch. 5563Appeals In County Road Cases

This text of Ohio § 5563.04 (Hearing of preliminary questions and motions) 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. § 5563.04 (2026).

Text

The probate judge or common pleas judge shall designate a day, not exceeding five days after the docketing of the cause as provided by section5563.03of the Revised Code for the hearing of all preliminary questions and motions on an appeal and the examination of the papers and proceedings. On the day fixed all preliminary motions and questions arising upon the appeal shall be heard and determined, and if the court finds that the proceedings are irregular, or that the appeal is not perfected according to law, the court shall dismiss such appeal, at the cost of the appellants, and certify the court's proceedings and the dismissal to the board. The court may waive technical defects, errors, or omissions in such proceedings.

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The probate judge or common pleas judge shall designate a day, not exceeding five days after the docketing of the cause as provided by section5563.03of the Revised Code for the hearing of all preliminary questions and motions on an appeal and the examination of the papers and proceedings. On the day fixed all preliminary motions and questions arising upon the appeal shall be heard and determined, and if the court finds that the proceedings are irregular, or that the appeal is not perfected according to law, the court shall dismiss such appeal, at the cost of the appellants, and certify the court's proceedings and the dismissal to the board. The court may waive technical defects, errors, or omissions in such proceedings.