Effective April 9, 2025 New Requirements to File a Public Records Complaint [See R.C. 149.43(C)(1)]
Prior to filing a Complaint regarding a denial of public records in the Court of Claims (or as a mandamus action in another court) “the person allegedly aggrieved” [the requester] must send a Complaint using the Court of Claims Complaint form to the public office and allow it three business days “to cure or otherwise address the failure” before filing a Complaint in the Court of Claims. The initial notice can be delivered by the requester to the public office either in person or by mail. The same Complaint form can be used either for the initial three-day notice to the public office, or for filing a Complaint in the Court of Claims.
If the alleged failure is not cured or otherwise resolved after the three-business day period, a Complaint can be filed in the Court of Claims. Upon the expiration of the three business day period, the requester must affirm (by checking the appropriate box on the Complaint form) that they have transmitted a Complaint to the public office before filing the Complaint with the court.
Note: The failure to transmit a copy of the Complaint to the public office and provide three business days to cure or address the allegations in the Complaint may result in dismissal of the case, and the Filing Fee will not be refunded.
FAQs for new Notice Procedure
Filers
Is the initial Notice form different from the actual Complaint form? No, they are the same form. However, the affirmation checkbox in the “Required Attachments or Information” section does not need to be checked when sending an initial Notice form to a public office. The filer must check the affirmation checkbox when filing an actual Complaint form with the Court of Claims or the case may be dismissed.
Public Office
How can I tell the difference between an initial Notice form from a requester and an actual Complaint form that has been filed with the court? An initial Notice form will not have either a File stamp or a Case Number. If a public office receives a Complaint form with a Court of Claims File stamp and Case Number, then the public office is being served by the court with an actual Complaint form.