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· 2/16/2022

Felts v. ODRC Southern Ohio Corr. Facility

Citations

  • 2022 Ohio 966

Syllabus

Core Terms: public record R.C. 149.43 court of claims R.C. 2743.75 non-existent burden of proof evidence. Overview: Requester sought a record of his settlement of a dispute with the respondent facility. Requester alleged the settlement was reduced to writing but provided no evidence that it was in the respondent facility's possession at the time of the request. Respondent denied that it possessed such a record. The special master found that while respondent had not proven the putative record did not exist somewhere else, it was not required to. The special master found requester had failed to meet his burden to show by clear and convincing evidence the existence of the record in the keeping of the facility from which he requested it.

Judges: Clark

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