Sec. 313.061. Notwithstanding anything to the contrary in | 13 |
section 2335.06 of the Revised Code, when the coroner, another | 14 |
physician, or forensic investigator is deposed or called as a | 15 |
witness in a civil action to
testify
about professional | 16 |
services, including, but not limited
to,
autopsies and | 17 |
toxicology interpretations or forensic investigations, performed | 18 |
by or on
behalf of the coroner, a fee for testifying shall be | 19 |
taxed as a
cost by the court in the civil action. The fee may | 20 |
include time
spent preparing for and attending a deposition as | 21 |
well as time
spent preparing for and testifying in court. | 22 |
Notwithstanding any
other
provision in the Revised Code governing | 23 |
the distribution of
costs,
the court shall award
costs as | 24 |
follows: | 25 |
(A) If the body that was the subject of the autopsy was in | 26 |
the charge of the coroner, and the coroner or a physician or | 27 |
forensic investigator who is
an employee of that coroner's office | 28 |
is deposed or called as a
witness, the
court shall award to the | 29 |
treasury of that coroner's
county the
amount that the board of | 30 |
county commissioners of that
county
determines to be the | 31 |
approximate amount of the
compensation,
including fringe | 32 |
benefits, the county paid to the
testifying
coroner, | 33 |
physician-employee, or forensic investigator for the time absent | 34 |
from
county
employment to prepare for and attend a deposition or | 35 |
to
prepare for and appear as a witness. | 36 |
(B) If a coroner or a physician or forensic investigator who | 37 |
is an employee of a
coroner's office performed an autopsy or | 38 |
investigation for a coroner of another
county who was in charge | 39 |
of the body that was the subject of the
autopsy and | 40 |
investigation, and the performing coroner, physician-employee, or | 41 |
forensic investigator is
deposed or
called as a witness, the | 42 |
court shall award to the
treasury of the
county of that | 43 |
performing coroner,
physician-employee, or forensic investigator | 44 |
the amount
that the board of county
commissioners of that county | 45 |
determines
to be the approximate
amount of the compensation, | 46 |
including fringe
benefits, the county
paid to the performing | 47 |
coroner,
physician-employee, or forensic investigator for the | 48 |
time
absent from county employment to prepare for and attend a | 49 |
deposition or to prepare for and
appear as a witness. | 50 |