Legal Question in Civil Litigation in Ohio

In small claims in Ohio, the Ohio Revised Code, section 1925.17 states:

A corporation which is a real party in interest in any action in a small claims division may commence such an action and appear therin though an attorney at law. Such a corporation may, through any bona fide officer or salaried employee, file and present it's claim or defense in any action in a small claims division arising from a claim based on a contract to which the corporation is an original party or any other claim to which the coporation is an origianl claimant, provided such a corporation does not, in the abscense of an attorney at law engage in any cross examination, argument, or other acts of advocacy.

Can an experienced lawyer interpret this for me, especially the last sentence. What does they are allowed to present and defend their claim provided the coporation does not engage in any cross ecamination, arguement, or other acts of advocacy mean? How can they present a case/ claim without doing any of these things? What can they do, and what can they NOT do without a lawyer?


Asked on 8/04/11, 7:09 am

1 Answer from Attorneys
Bradley Miller Miller Law LLC

The main points:

A non-attorney employee or officer can file a complaint, answer, motion, or respond to motions. He or she can also "testify" and introduce evidence in court based on his or her own knowledge.

They cannot ask the other side questions in court.

Ultimately, it is going to be up to the judge or magistrate to determine just how much the non-attorney can do.

Hope this helps.

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Answered on 8/04/11, 10:22 am


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