Ohio State Laws on Optical Images
State Archivist and Records Manager:
George Parkinson, Director
Ohio Historical Society
1982 Velma Ave., Columbus OH 43211
614-297-2510 fax: 614-297-2546
gparkins@winslo.ohio.gov
Charles Arp, Asst. State Archivist
Janet M. Carleton
Electronic Records Archivist & Webmaster
Ohio Historical Society, Archives/Library
(614) 297-2590
1982 Velma Avenue,
Columbus, Ohio 43211
David R. Larson, State Records Administrator
Dept. of Administrative Services
4200 Surface Road, Columbus OH 43228-1395
614-466-3064 fax: 614-752-9299
Section 2317.41
General Assembly: 121
Bill Number: Sub. House Bill 495
Effective Date: 10/04/96
"Photograph" as used in this section includes but is not limited to
microphotograph, a roll or strip of film, a roll or strip of microfilm, a
photostatic copy, or an optically-imaged copy.
To the extent that a record would be competent evidence under section
2317.40 of the Revised Code, a photograph of such record shall be competent
evidence if the custodian of the photograph or the person who made such
photograph or under whose supervision such photograph was made testifies to
the identity of and the mode of making such photograph, and if, in the
opinion of the trial court, the record has been destroyed or otherwise
disposed of in good faith in the regular course of business, and the mode
of making such photograph was such as to justify its admission. If a
photograph is admissible under this section, the court may admit the whole
or a part thereof.
Such photograph shall be admissible only if the party offering it has
delivered a copy of it, or so much thereof as relates to the controversy,
to the adverse party a reasonable time before trial, unless in the opinion
of the court the adverse party has not been unfairly surprised by the
failure to deliver such copy. No such photograph need be submitted to the
adverse party as prescribed in this section unless the original instrument
would be required to be so submitted.
Section 009.01
General Assembly: 116
Bill Number: Amended Sub. House Bill 238
Effective Date: 7-1-85
When any officer, office, court, commission, board, institution,
department, agent, or employee of the state, or of a county, or any
political subdivision, who is charged with the duty or authorized or
required by law to record, preserve, keep, maintain, or file any record,
document, plat, court file, paper, or instrument in writing, or to make or
furnish copies of any thereof, deems it necessary or advisable, when
recording any such document, plat, court file, paper, or instrument in
writing, or when making a copy or reproduction of any thereof or of any
such record, for the purpose of recording or copying, preserving, and
protecting the same, reducing space required for storage, or any similar
purpose, to do so by means of any photostatic, photographic, miniature
photographic, film, microfilm, or microphotographic process, or perforated
tape, magnetic tape, other magnetic means, electronic data processing,
machine readable means, graphic or video display, or any combination
thereof, which correctly and accurately copies, records, or reproduces, or
provides a medium of copying, recording, or reproducing, the original
record, document, plat, court file, paper, or instrument in writing, such
use of any such photographic or electromagnetic processes, for any such
purpose, is hereby authorized. Any such records, copies, or reproductions
may be made in duplicate, and such duplicates shall be stored in different
buildings. The film or paper used for this process shall comply with the
minimum standards of quality approved for permanent photographic records by
the national bureau of standards. All such records, copies, or
reproductions shall carry a certificate of authenticity and completeness,
on a form specified by the state records administrator.
Any such officer, office, court, commission, board, institution,
department, agent, or employee of the state, a county, or any political
subdivision may purchase or rent required equipment for any such
photographic process and may enter into contracts with private concerns or
other governmental agencies for the development of film and the making of
reproductions thereof as a part of any such photographic process. When so
recorded, or copied or reproduced to reduce space required for storage or
filing of such records, said photographs, microphotographs, microfilms,
perforated tape, magnetic tape, other magnetic means, electronic data
processing, machine readable means, graphic or video display, or any
combination thereof, or films, or prints made therefrom, when properly
identified by the officer by whom or under whose supervision the same were
made, or who has the custody thereof, have the same effect at law as the
original record or of a record made by any other legally authorized means,
and may be offered in like manner and shall be received in evidence in any
court where such original record, or record made by other legally
authorized means, could have been so introduced and received. Certified or
authenticated copies or prints of such photographs, microphotographs,
films, microfilms, perforated tape, magnetic tape, other magnetic means,
electronic data processing, machine readable means, graphic or video
display, or any combination thereof, shall be admitted in evidence equally
with the original photographs, microphotographs, films, or microfilms.
Such photographs, microphotographs, microfilms, or films shall be placed
and kept in conveniently accessible, fireproof, and insulated files,
cabinets, or containers, and provisions shall be made for preserving,
safekeeping, using, examining, exhibiting, projecting, and enlarging the
same whenever requested, during office hours.
All persons utilizing the methods described in this section for keeping
records and information shall keep and make readily available to the public
the machines and equipment necessary to reproduce the records and
information in a readable form.
Section 2303.12
General Assembly: 111
Bill Number: House Bill 205
Effective Date: 8/19/75
The clerk of the court of common pleas shall keep at least four books. They
shall be called the appearance docket, trial docket and printed duplicates
of the trial docket for the use of the court and the officers thereof,
journal, and execution docket. He shall also keep a record in book form or
he may prepare a record by using any photostatic, photographic, miniature
photographic, film, microfilm, or microphotographic process, electrostatic
process, perforated tape, magnetic tape, or other electromagnetic means,
electronic data processing, machine readable media, graphic or video
display, or any combination thereof, which correctly and accurately copies
or reproduces the original document, paper, or instrument in writing. He
shall use materials that comply with the minimum standards of quality for
permanent photographic records prescribed by the National Bureau of
Standards. He shall keep an index to the trial docket and to the printed
duplicates of the trial docket and of the journal direct, and to the
appearance docket, record, and execution docket, direct and reverse. All
clerks keeping records and information by the methods described in this
section shall keep and make readily available to the public the machine and
equipment necessary to reproduce the records and information in a readable
form.
Section 5301.09
General Assembly: 115
Bill Number: Amended House Bill 186
Effective Date: 09-20-84
All leases, licenses, and assignments thereof, or of any interest therein,
given or made concerning lands or tenements in this state, by which any
right is granted to operate or to sink or drill wells thereon for natural
gas and petroleum or either, or pertaining thereto, shall be filed for
record and recorded in such lease record without delay, and shall not be
removed until recorded. No such lease or assignment thereof shall be
accepted for record after September 24, 1963, unless it contains the
mailing address of both the lessor and lessee or assignee. If the county in
which the land subject to any such lease is located maintains permanent
parcel numbers or sectional indexes pursuant to section 317.20 of the
Revised Code, no such lease shall be accepted for record after December 31,
1984, unless it contains the applicable permanent parcel number and the
information required by section 317.20 of the Revised Code to index such
lease in the sectional indexes; and, in the event any such lease recorded
after December 31, 1984, is subsequently assigned in whole or in part, and
the county in which the land subject thereto is located maintains records
by microfilm or other microphotographic process, the assignment shall
contain the same descriptive information required to be included in the
original lease by this sentence, but the omission of the information
required by this section does not affect the validity of any lease.
Whenever any such lease is forfeited for failure of the lessee, his
successors or assigns to abide by specifically described covenants provided
for in the lease, or because the term of the lease has expired, the lessee,
his successors or assigns, shall have such lease released of record in the
county where such land is situated without cost to the owner thereof.
No such lease or license is valid until it is filed for record, except as
between the parties thereto, unless the person claiming thereunder is in
actual and open possession.
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