reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.03 | Motion and Affidavit for Order of Possession of Property.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
Any party to an action involving a claim for the recovery of specific personal property, upon or at any time after commencement of the action, may apply to the court by written motion for an order of possession of the property. The motion shall have attached to it the affidavit of the movant, his agent, or his attorney containing all of the following:
(A) A description of the specific personal property claimed and the approximate value of each item or category of property claimed;
(B) The specific interest of the movant in the property and, if the interest is based upon a written instrument, a copy of that instrument;
(C) The manner in which the respondent came into possession of the property, the reason that the detention is wrongful and, to the best of the knowledge of the movant, the reason, if any, that the respondent may claim the detention is not wrongful;
(D) The use to which the respondent has put the property, as determined by the movant after such investigation as is reasonable in the circumstances;
(E) The extent, if any, to which the movant is or will be damaged by the respondent's detention of the property;
(F) To the best of the movant's knowledge, the location of the property;
(G) That the property was not taken for a tax, assessment, or fine pursuant to statute, or seized under execution of judgment against the property of the movant or, if so seized, that it is statutorily exempt from seizure.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.04 | Request for Hearing on Motion for Order of Possession of Property.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
A respondent to a motion filed under section 2737.03 of the Revised Code may receive a hearing on the motion in accordance with section 2737.07 of the Revised Code by delivering a written request for a hearing to the court within five business days after receipt of the notice provided pursuant to section 2737.05 of the Revised Code. The request may set forth the respondent's reasons for disputing the movant's claim for possession of the property. However, neither the respondent's inclusion of nor his failure to include such reasons upon the request constitutes a waiver of any defense of the respondent or affects the respondent's right to produce evidence at any hearing or at the trial of the action. The time and place for the hearing shall be that set forth in the notice. If a written request for a hearing is not received by the court within the prescribed time and the court does not grant a continuance of the scheduled hearing in accordance with division (B) of section 2737.06 of the Revised Code, the hearing scheduled pursuant to section 2737.07 of the Revised Code immediately shall be canceled and the court at any time thereafter, upon request of the movant, may issue an order of possession in accordance with division (A) of section 2737.06 of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.06 | Issuing Order of Possession Without Hearing.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
(A) If a motion for an order of possession has been filed pursuant to section 2737.03 of the Revised Code, the court may issue an order of possession without conducting a hearing if it finds all of the following:
(1) The notice, motion, and affidavit have been served on the respondent as required by section 2737.05 of the Revised Code;
(2) The respondent has not requested a hearing within the prescribed time pursuant to section 2737.04 of the Revised Code, and a continuance of the scheduled hearing has not been granted pursuant to division (B) of this section;
(3) The respondent has not filed a bond on or before the fifth business day after he received the notice;
(4) The court finds, on the basis of the affidavit, that there is probable cause to support the motion.
(B) If the respondent does not request a hearing on the motion within the prescribed time pursuant to section 2737.04 of the Revised Code, the court nevertheless may grant a continuance of the scheduled hearing if the respondent, prior to the time at which the hearing was scheduled, as indicated on the notice served on the respondent under section 2737.04 of the Revised Code or the time of issuance of an order of possession, whichever is earlier, establishes a reasonable justification for his failure to request the hearing within the prescribed time. If the court grants such a continuance of the hearing, it shall cause the matter to be set for hearing as soon as practicable thereafter, but in no event shall the continued hearing be set for a time that is more than five business days after the date on which the original hearing was scheduled unless the movant consents to the setting of a hearing at a later time. The continued hearing shall be conducted in accordance with section 2737.07 of the Revised Code.
(C) If the court grants a continuance of the scheduled hearing pursuant to division (B) of this section, the court shall not issue an order of possession without a hearing pursuant to division (A) of this section unless the respondent subsequently delivers written notice to the contrary to the court.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.07 | Hearing on Motion for Order of Possession of Property.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
(A) Upon the filing of the motion for an order of possession pursuant to section 2737.03 of the Revised Code, the court shall cause the matter to be set for hearing within twenty days thereafter and the respondent shall be notified in accordance with section 2737.05 of the Revised Code.
(B) If a hearing is requested in accordance with section 2737.04 of the Revised Code or if a continuance is granted in accordance with division (B) of section 2737.06 of the Revised Code, the hearing shall be limited to a consideration of whether there is probable cause to support the motion.
The court shall issue an order of possession if it finds, on the basis of the affidavit and, if applicable, the evidence presented at the hearing, that there is probable cause to support the motion.
(C) Any failure of the respondent to oppose the motion or to refute any evidence presented by the movant shall not constitute a waiver of any defense of the respondent or affect the respondent's right to produce evidence at subsequent hearings or at the trial of the action.
(D) The respondent shall be sent prior notice of the date, time, place, and purpose of any hearing other than the hearing set under division (A) of this section and of the date, time, and place of the trial of the action.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.08 | Order of Possession Contents.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
(A) An order of possession issued by the court shall be addressed and delivered to the levying officer. It shall contain all of the following:
(1) The names of the parties and the court in which the action was brought;
(2) A description of the property to be seized that is sufficient to enable the levying officer to identify it;
(3) The location of the property, if known;
(4) A commandment to the levying officer to take the property after the order has taken effect and deliver it to the movant;
(5) A statement that the respondent may recover the property taken by filing a bond with the court and a statement of the amount of the bond.
(B) In addition to the order of possession delivered to the levying officer, the court may issue an order of possession to the respondent to deliver possession of the property to the movant at the place the court designates and within a time specified in the order, or to file a bond pursuant to section 2737.11 of the Revised Code within that time.
(C) The order or possession other than one issued under section 2737.19 of the Revised Code shall be served upon the respondent in the same manner as provided in the Rules of Civil Procedure for the service of papers subsequent to original complaints.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.09 | Execution of Order.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
The levying officer promptly shall execute the order of possession after it has taken effect by taking possession of the property described in the order and by delivering the property to the movant in accordance with the order of possession. The levying officer shall not execute the order if the respondent has filed a bond pursuant to section 2737.11 of the Revised Code. In addition to the service of the order of possession required by section 2737.08 or 2737.19 of the Revised Code, the levying officer, at the time he takes possession of the property, shall deliver a copy of the order to the respondent, or if he is unable to find the respondent, shall leave a copy at the address where the property was detained.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.10 | Filing of Bond Before Order of Possession Is Effective.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
An order of possession issued by a court shall not be effective until the movant files with the court a bond to the respondent, executed by the movant's surety, in an amount twice the approximate value of the property described in the order, to the effect that, should judgment be issued against the movant, the movant will return the property taken or pay the value so assessed, at the election of the respondent, and also pay the damages suffered by the respondent as a result of the taking and detention of, and any injury to, the property and the costs of the action.
In lieu of the bond, the movant may deposit with the clerk of the court cash in an amount equal to twice the approximate value of the property.
If the movant is indigent, the court may, on motion of the movant or on its own motion, waive the bond required by this section, or may set the bond in a lower amount, as fairness requires.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.11 | Recovery of Property by Filing Bond or Cash Deposit.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
The respondent may recover property taken pursuant to an order of possession of which the property is the subject by filing with the court a bond to the movant, executed by the respondent's surety in the same amount as the bond filed by the movant pursuant to section 2737.10 of the Revised Code, to the effect that, if judgment is issued against the respondent, the respondent will return the property detained or pay the value assessed, at the election of the movant, and will also pay the damages suffered by the movant as a result of the detention of and any injury to the property, and the costs of the action. If the movant has not filed a bond, the amount of the respondent's bond shall be twice the approximate value of the property as stated in the affidavit filed pursuant to section 2737.03 of the Revised Code. If an order of possession has been issued by the court, the respondent also shall provide the levyng officer with a copy of the bond.
In lieu of the bond, the respondent may deposit with the clerk of the court cash in an amount equal to the approximate value of the property.
If the respondent is indigent, the court may, on motion of the respondent or on its own motion, waive the bond required by this section or set the bond in a lower amount, as fairness requires.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.12 | Objections to Sureties.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
The movant or the respondent may object to the surety of the other by filing with the court within ten days after the filing of the surety's bond an exception to the sufficiency of the surety. All objections to sureties are otherwise waived. When an exception to a surety is made, that surety shall show to the court that it is sufficient to fulfill the obligations of its bond. After an exception has been made, the levying officer may execute the order of possession in accordance with section 2737.09 of the Revised Code, but shall not take any further action until the surety is found by the court to be sufficient or is replaced by sufficient surety.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.13 | Duty of Levying Officer After Taking Possession of Property Pursuant to Order of Possession.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
After the levying officer takes possession of property pursuant to an order of possession, and until the property is delivered to the movant, he shall keep the property in a secure place. If removal of the property from the address where it is detained would be unreasonably expensive, the levying officer may take possession by conspicuously placing a notice of possession on the property. The court may order a sale of the property if, because of its perishable nature or the existence of circumstances that would diminish its value, a sale would be for the benefit of the parties. The sale may be made in the manner and on the terms the court directs. The proceeds of the sale shall be deposited with the court until the entry of final judgment or dismissal of the action, which entry shall include an order for delivery of the proceeds of the sale to the successful party. The costs to the levying officer of taking possession, storing, or selling the property shall be taxed as costs in the action.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.14 | Final Judgment to Award Permanent Possession.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
In an action to recover possession of personal property in which an order of possession has been issued, the final judgment shall award permanent possession of the property and any damages to the party obtaining the award to the extent the damages proximately resulted from the taking, withholding, or detention of the property by the other, and the costs of the action. If delivery of the property cannot be made, the action may proceed as a claim for conversion upon due notice being given the respondent of the date, time, place, and purpose of the hearing upon such claim.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.15 | Proceedings When Movant Fails to Prosecute to Final Judgment.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
When a movant obtains possession of property pursuant to this chapter, but fails to prosecute the action to final judgment, on application of the respondent, the court may order the return of the property and shall assess the damages caused the respondent by deprivation of the possession of the property, the amount of which, with costs of the action, shall be awarded to the respondent by judgment of the court.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.16 | Order of Possession Directed to Levying Officer of County.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
An order of possession may be directed to the levying officer of any county within this state.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.17 | Officer May Use Any Lawful Means to Enter Any Building or Enclosure.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
Unless the order of possession directed to the levying officer specifies otherwise, the levying officer, in the execution of the order, may use any lawful means to enter any building or enclosure, other than an occupied dwelling unit, in which the property described in the order, or any part of it, is contained, if reasonable efforts to obtain voluntary admittance have failed. If the officer enters the building or enclosure to take possession of the property described in the order without first obtaining permission to enter, he shall file with the court on the next business day an affidavit setting forth the circumstances of his entry and the reasons he was unable to obtain voluntary admittance.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.18 | Action on Bond.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
A party may seek recovery of damages awarded pursuant to section 2737.14 of the Revised Code and the costs of judgment execution against the other party's surety on a bond filed pursuant to section 2737.10 or 2737.11 of the Revised Code if execution of judgment issued in favor of that party is returned unsatisfied, by the filing of a complaint against the surety in the same action in which the bond was filed.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2737 | Replevin › Section 2737.20 | Injunctive Relief.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
In addition to, or in lieu of, any other relief available under sections 2737.01 to 2737.19 of the Revised Code, the court may grant a temporary restraining order, preliminary injunction, or permanent injunction in accordance with the Rules of Civil Procedure.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2739 | Slander; Libel › Section 2739.01 | Libel and Slander.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In an action for a libel or slander, it is sufficient to state, generally, that the defamatory matter was published or spoken of the plaintiff. If the allegation is denied, the plaintiff must prove the facts, showing that the defamatory matter was published or spoken of him. In such action it is not necessary to set out any obscene word, but it is sufficient to state its import.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2739 | Slander; Libel › Section 2739.02 | Defenses in Actions for Libel or Slander.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In an action for a libel or a slander, the defendant may allege and prove the truth of the matter charged as defamatory. Proof of the truth thereof shall be a complete defense. In all such actions any mitigating circumstances may be proved to reduce damages.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2739 | Slander; Libel › Section 2739.04 | Disclosure of New Source.

Effective:
November 11, 1977
Latest Legislation:
Senate Bill 106 - 112th General Assembly
No person engaged in the work of, or connected with, or employed by any noncommercial educational or commercial radio broadcasting station, or any noncommercial educational or commercial television broadcasting station, or network of such stations, for the purpose of gathering, procuring, compiling, editing, disseminating, publishing, or broadcasting news shall be required to disclose the source of any information procured or obtained by such person in the course of his employment, in any legal proceeding, trial, or investigation before any court, grand jury, petit jury, or any officer thereof, before the presiding officer of any tribunal, or his agent, or before any commission, department, division, or bureau of this state, or before any county or municipal body, officer, or committee thereof.
Every noncommercial educational or commercial radio broadcasting station, and every noncommercial educational or commercial television broadcasting station shall maintain for a period of six months from the date of its broadcast thereof, a record of those statements of information the source of which was procured or obtained by persons employed by the station in gathering, procuring, compiling, editing, disseminating, publishing, or broadcasting news.
As used in this section:
(A) "Record" includes a tape, disc, script, or any other item or document that sets forth the content of the statements that are required by this section to be recorded.
(B) "Noncommercial educational television or radio broadcasting station" means a television or radio broadcast station that is licensed by the federal communications commission as a noncommercial educational radio or television broadcast station, transmits only noncommercial programs for educational purposes, and is owned and operated by:
(1) A public agency or institution or a nonprofit private foundation, corporation, or association;
(2) A municipal corporation.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2739 | Slander; Libel › Section 2739.11 | Newspaper Defined.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any person, firm, partnership, voluntary association, joint-stock association, or corporation, wherever organized or incorporated, engaged in the business of printing or publishing a newspaper, magazine, or other periodical sold or offered for sale in this state, is a newspaper company, and any such newspaper, magazine, or other periodical publication is a newspaper within the meaning of sections 2739.13 to 2739.18, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2739 | Slander; Libel › Section 2739.12 | Newspaper Reporters Not Required to Reveal Source of Information.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person engaged in the work of, or connected with, or employed by any newspaper or any press association for the purpose of gathering, procuring, compiling, editing, disseminating, or publishing news shall be required to disclose the source of any information procured or obtained by such person in the course of his employment, in any legal proceeding, trial, or investigation before any court, grand jury, petit jury, or any officer thereof, before the presiding officer of any tribunal, or his agent, or before any commission, department, division, or bureau of this state, or before any county or municipal body, officer or committee thereof.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2739 | Slander; Libel › Section 2739.13 | Correction of False Statement Formerly Published.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If any newspaper company, at any time, prints, publishes, or circulates any false statement, allegation, or rumor relating to any individual or association of individuals, or to any trade, labor, business, social, economic, or religious organization or to any firm, corporation, or business, or to any public official or candidate for a public office, such company upon demand of any persons affected or of their representatives, shall print, publish, and circulate any statement or article setting forth in proper language the truth pertaining to such statement, allegation, or rumor, which such persons or their representatives shall offer to such company for publication.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2739 | Slander; Libel › Section 2739.14 | Publishing Corrected Statements.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever demand has been made for the publication of statements or articles under section 2739.13 of the Revised Code, the newspaper company shall print and circulate the same in the next regular issue or within forty-eight hours following the receipt of such statement or article. Such statement or article shall be phrased in proper language and be printed without any additions to, or omissions therefrom, in the same color of ink, from like type, with headlines of equal prominence, occupying a like space in the same portion of the newspaper as was used in printing the original article complained of, and shall be given the same publicity in all respects and, as nearly as possible, the same circulation as such original article. Such company shall print and publish such statements or articles without cost to such persons or their representatives; and such publication may be proved at the trial of a suit for damages as a mitigating circumstance to reduce damages, provided that any voluntary publication made without demand may be used to rebut any presumption of malice or injury on the part of such company growing out of the original publication to which the same related. This section does not prevent the injured party from alleging and proving actual malice on the part of the publisher and any special damages resulting to him therefrom.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2739 | Slander; Libel › Section 2739.15 | Published Statements Shall Be Sworn To.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
(A) Every statement or article that newspaper companies are required to publish under sections 2739.13 to 2739.18 of the Revised Code shall be sworn to by the person offering the statement or article for publication, but the certificate of the notary or other official showing that the statement or article was so made under oath shall not be published.
(B) Whoever purposely swears falsely to any statement or article that newspaper companies are required to publish under those sections is guilty of perjury in violation of section 2921.11 of the Revised Code.
(C) No newspaper company shall be held liable in any civil or criminal proceedings for anything in any statement or article that newspaper companies are required to publish under those sections.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2739 | Slander; Libel › Section 2739.16 | Refusal or Failure to Publish.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
(A) No newspaper company shall refuse or fail to print, publish, and circulate any statement or article if true as required by sections 2739.13 to 2739.18 of the Revised Code.
(B) Any person responsible for refusing to print, publish, and circulate any statement or article mentioned in division (A) of this section shall be fined as provided in division (B) of section 2739.99 of the Revised Code.
The prosecuting attorney of the county in which the newspaper is published, when complaint is made to the prosecuting attorney in writing of the refusal or failure of any newspaper company or persons to comply with sections 2739.13 to 2739.18 of the Revised Code, relative to the publication of such statements or articles, shall investigate the complaint and upon reasonable cause shall begin proceedings against the newspaper company or person and prosecute the same.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2739 | Slander; Libel › Section 2739.18 | Prohibition Against Threats of Publication to Influence Official Action.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No newspaper company, or owner, officer, editor, writer, or representative thereof, shall attempt improperly to influence any public official for or against any public measure or official action by threats of publication of articles derogatory to such public official, or seek improperly to influence such public official on the floor or in the cloakrooms or committee rooms of any general assembly or other legislative body, to which he has access because of his connection with the newspaper, for or against any proposed law, ordinance, or other legislative act.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2739 | Slander; Libel › Section 2739.99 | Penalty.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
(A) Whoever violates division (A) of section 2739.16 of the Revised Code shall be fined not more than one thousand dollars.
(B) Whoever violates division (B) of section 2739.16 of the Revised Code shall be fined not more than five hundred dollars.
(C) Whoever violates section 2739.18 of the Revised Code shall be fined not more than one thousand dollars, imprisoned not more than one year, or both.
(D) Whoever violates division (F) of section 2739.03 of the Revised Code shall be fined not more than one thousand dollars.
(E) Whoever violates division (G) of section 2739.03 of the Revised Code shall be fined not more than five hundred dollars.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2741 | Right of Publicity in Individual's Persona › Section 2741.01 | Right of Publicity in Individual's Persona Definitions.

Effective:
April 3, 2003
Latest Legislation:
Senate Bill 266 - 124th General Assembly
As used in this chapter:
(A) "Persona" means an individual's name, voice, signature, photograph, image, likeness, or distinctive appearance, if any of these aspects have commercial value.
(B) "Commercial purpose" means the use of or reference to an aspect of an individual's persona in any of the following manners:
(1) On or in connection with a place, product, merchandise, goods, services, or other commercial activities not expressly exempted under this chapter;
(2) For advertising or soliciting the purchase of products, merchandise, goods, services, or other commercial activities not expressly exempted under this chapter;
(3) For the purpose of promoting travel to a place;
(4) For the purpose of fundraising.
(C) "Name" means the actual, assumed, or clearly identifiable name of or reference to a living or deceased individual that identifies the individual.
(D) "Right of publicity" means the property right in an individual's persona to use the individual's persona for a commercial purpose.
(E) "Trier of fact" means the jury or, in a nonjury action, the court.
(F) "Written consent" includes written, electronic, digital, or any other verifiable means of authorization.
(G) "Institution of higher education" means a state institution of higher education as defined in section 3345.011 of the Revised Code, a private nonprofit college or university located in this state that possesses a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713. of the Revised Code, or a school located in this state that possesses a certificate of registration and one or more program authorizations issued by the state board of career colleges and schools under Chapter 3332. of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2741 | Right of Publicity in Individual's Persona › Section 2741.02 | Using Individual's Persona for Commercial Purpose Without Authorization.

Effective:
April 7, 2009
Latest Legislation:
Senate Bill 248 - 127th General Assembly
(A) Except as otherwise provided in this section, a person shall not use any aspect of an individual's persona for a commercial purpose:
(1) During the individual's lifetime;
(2) For a period of sixty years after the date of the individual's death; or
(3) For a period of ten years after the date of death of a deceased member of the Ohio national guard or the armed forces of the United States.
(B) A person may use an individual's persona for a commercial purpose during the individual's lifetime if the person first obtains the written consent to use the individual's persona from a person specified in section 2741.05 of the Revised Code. If an individual whose persona is at issue has died, a person may use the individual's persona for a commercial purpose if either of the following applies:
(1) The person first obtains the written consent to use the individual's persona from a person specified in section 2741.05 of the Revised Code who owns the individual's right of publicity.
(2) The name of the individual whose persona is used was the name of a business entity or a trade name at the time of the individual's death.
(C) Subject to the terms of any agreement between a person specified in section 2741.05 of the Revised Code and a person to whom that person grants consent to use an individual's right of publicity, a consent obtained before the death of an individual whose persona is at issue remains valid after the individual's death.
(D) For purposes of this section:
(1) A use of an aspect of an individual's persona in connection with any news, public affairs, sports broadcast, or account does not constitute a use for which consent is required under division (A) of this section.
(2) A use of an aspect of an individual's persona in connection with any political campaign and in compliance with Title XXXV of the Revised Code does not constitute a use for which consent is required under division (A) of this section.
(E) The owners or employees of any medium used for advertising, including but not limited to, a newspaper, magazine, radio or television network or station, cable television system, billboard, transit ad, and global communications network, by whom any advertisement or solicitation in violation of this section is published or disseminated are not liable under this section or section 2741.07 of the Revised Code unless it is established that those owners or employees had knowledge of the unauthorized use of the persona as prohibited by this section.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2741 | Right of Publicity in Individual's Persona › Section 2741.03 | Application to Residents of This State.

Effective:
November 22, 1999
Latest Legislation:
Senate Bill 54 - 123rd General Assembly
Except as otherwise provided in section 2741.09 of the Revised Code, this chapter applies only to the following:
(A) The right of publicity in the persona of an individual whose domicile or residence is in this state on or after the effective date of this section;
(B) The right of publicity in the persona of an individual who died on or after January 1, 1998, and whose domicile or residence was in this state on the date of the individual's death.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2741 | Right of Publicity in Individual's Persona › Section 2741.04 | Right of Publicity in Individual's Persona Is Freely Transferable and Descendible.

Effective:
November 22, 1999
Latest Legislation:
Senate Bill 54 - 123rd General Assembly
The right of publicity in an individual's persona is freely transferable and descendible, in whole or in part, by any of the following means:
(A) Contract;
(B) License;
(C) Gift;
(D) Trust;
(E) Will;
(F) Operation of the laws of intestate succession applicable to the state administering the majority of the real and personal property of an individual who died intestate, regardless of whether that state recognizes the right of publicity as a property right.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2741 | Right of Publicity in Individual's Persona › Section 2741.05 | Granting Consent for Commercial Use.

Effective:
November 22, 1999
Latest Legislation:
Senate Bill 54 - 123rd General Assembly
(A) Except as otherwise expressly provided in an agreement transferring an aspect of an individual's right of publicity, only the following persons may grant consent to use an individual's persona for a commercial purpose:
(1) A person or persons, including the individual whose right of publicity is at issue, who collectively own more than fifty per cent of the individual's right of publicity, subject to the terms of any other licenses regarding that right of publicity;
(2) A person, including a licensee of the individual's right of publicity, who is expressly authorized in writing to grant consent by a person or persons specified in division (A)(1) of this section.
(B) A person or persons specified in division (A) of this section may do one or both of the following:
(1) Grant a person or persons consent to use all or part of an individual's right of publicity for a commercial purpose;
(2) Limit, restrict, or place conditions on how a person or persons to whom consent is granted pursuant to this section may use an individual's right of publicity.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2741 | Right of Publicity in Individual's Persona › Section 2741.07 | Damages in Civil Action to Enforce Publicity Right.

Effective:
November 22, 1999
Latest Legislation:
Senate Bill 54 - 123rd General Assembly
(A)(1) A person who violates section 2741.02 of the Revised Code is liable in a civil action to the person injured by the violation for the following:
(a) Actual damages, including any profits derived from and attributable to the unauthorized use of an individual's persona for a commercial purpose as determined under division (A)(2) of this section;
(b) At the election of the plaintiff and in lieu of actual damages, statutory damages in the amount of at least two thousand five hundred dollars and not more than ten thousand dollars, as determined in the discretion of the trier of fact, taking into account the willfulness of the violation, the harm to the persona in question, and the ability of the defendant to pay a civil damage award;
(c) If applicable pursuant to section 2315.21 of the Revised Code, punitive or exemplary damages.
(2) The trier of fact shall include any profits derived from and attributable to the unauthorized use of an individual's persona for a commercial purpose in calculating the award of actual damages under division (A)(1)(a) of this section.
(B) Each party has the right to a jury trial of an action under this section. To assert the right, a party shall demand a jury trial in the manner prescribed in the Rules of Civil Procedure. If a party demands a jury trial in that manner, the action shall be tried to a jury.
(C) An action under this section shall be brought within four years of a violation of section 2741.02 of the Revised Code.
(D) A court in which an action under this section is brought may do any of the following:
(1) Award the prevailing party reasonable attorney's fees, court costs, and reasonable expenses associated with the civil action;
(2) Award treble damages against a party identified in division (E) of section 2741.02 of the Revised Code who has knowledge of the unauthorized use of the persona as prohibited by section 2741.02 of the Revised Code;
(3) Order temporary or permanent injunctive relief;
(4) Order the impoundment, on terms the court considers reasonable, of both of the following during the pendency of a civil action under this section:
(a) Products, merchandise, goods, or other materials alleged to have been made or used in violation of section 2741.02 of the Revised Code;
(b) Plates, molds, and matrices, or the specific violative portions of masters, tapes, negatives, digital recordings, electronic media, or other items, from which products, merchandise, goods, or other materials may be manufactured or reproduced.
(E) As part of a final judgment, a court may order the destruction or other reasonable disposition of items described in division (D)(4) of this section.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2741 | Right of Publicity in Individual's Persona › Section 2741.08 | Additional Remedies.

Effective:
November 22, 1999
Latest Legislation:
Senate Bill 54 - 123rd General Assembly
The remedies provided for in this chapter are in addition to any other remedies provided for by state or federal statute or common law.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2741 | Right of Publicity in Individual's Persona › Section 2741.09 | Exceptions.

Effective:
November 22, 1999
Latest Legislation:
Senate Bill 54 - 123rd General Assembly
(A) This chapter does not apply to any of the following:
(1)(a) A literary work, dramatic work, fictional work, historical work, audiovisual work, or musical work regardless of the media in which the work appears or is transmitted, other than an advertisement or commercial announcement not exempt under division (A)(1)(d) of this section;
(b) Material that has political or newsworthy value;
(c) Original works of fine art;
(d) An advertisement or commercial announcement for a use permitted by division (A)(1)(a), (b), or (c) of this section.
(2) The use of an individual's name to truthfully identify the individual as the author of or contributor to a written work or the performer of a recorded performance under circumstances in which the written work or the recorded performance is otherwise lawfully reproduced, exhibited, or broadcast;
(3) The use of an aspect of an individual's persona in connection with the broadcast or reporting of an event or topic of general or public interest;
(4) The use of the persona of an individual solely in the individual's role as a member of the public if the individual is not named or otherwise singled out as an individual;
(5) A use of an individual's persona by an institution of higher education if all of the following apply:
(a) The individual is or was a student at, or a member of the faculty or staff of, the institution of higher education.
(b) The use of the individual's persona is for educational purposes or for the promotion of the institution of higher education and its educational or institutional objectives.
(6) A use of the persona of an individual that is protected by the First Amendment to the United States Constitution as long as the use does not convey or reasonably suggest endorsement by the individual whose persona is at issue.
(B) This chapter does not affect rights or privileges recognized under the Ohio Constitution or United States Constitution.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2741 | Right of Publicity in Individual's Persona › Section 2741.99 | Penalty for Violation of Rc 2741.02(a)(3).

Effective:
April 7, 2009
Latest Legislation:
Senate Bill 248 - 127th General Assembly
Whoever violates division (A)(3) of section 2741.02 of the Revised Code is guilty of a misdemeanor of the first degree. A criminal penalty imposed under this section is cumulative to a civil remedy under Chapter 2741. of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.01 | State Liability Definitions.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
As used in this chapter:
(A) "State" means the state of Ohio, including, but not limited to, the general assembly, the supreme court, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state. "State" does not include political subdivisions.
(B) "Political subdivisions" means municipal corporations, townships, counties, school districts, and all other bodies corporate and politic responsible for governmental activities only in geographic areas smaller than that of the state to which the sovereign immunity of the state attaches.
(C) "Claim for an award of reparations" or "claim" means a claim for an award of reparations made under sections 2743.51 to 2743.72 of the Revised Code.
(D) "Award of reparations" or "award" means an award made under sections 2743.51 to 2743.72 of the Revised Code.
(E)(1) "Public duty" includes, but is not limited to, any statutory, regulatory, or assumed duty concerning any action or omission of the state involving any of the following:
(a) Permitting, certifying, licensing, inspecting, investigating, supervising, regulating, auditing, monitoring, law enforcement, emergency response activity, or compromising claims;
(b) Supervising, rehabilitating, or liquidating corporations or other business entities.
(2) "Public duty" does not include any action of the state under circumstances in which a special relationship can be established between the state and an injured party as provided in division (A)(3) of section 2743.02 of the Revised Code.
Last updated August 9, 2021 at 11:24 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.04 | Judges.

Effective:
July 10, 2014
Latest Legislation:
House Bill 261 - 130th General Assembly
(A) Judges of the court of claims who are not residents of Franklin county, or when the court sits outside Franklin county the judges who are residents of Franklin county, shall be compensated for their actual and necessary expenses of traveling to and from the place of holding the court.
(B) A retired judge shall, in addition to the judge's retirement allowance, receive per diem compensation for service as a member of the court of claims at a rate computed on the annual compensation of a judge of a court of common pleas. An incumbent judge shall receive additional per diem compensation equal to that allowed retired judges under this section less a per diem amount computed on the incumbent judge's annual compensation.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.041 | Affidavit of Disqualification.

Effective:
July 10, 2014
Latest Legislation:
House Bill 261 - 130th General Assembly
If a judge of the court of claims allegedly is interested in a proceeding pending before the judge, allegedly is related to or has a bias or prejudice for or against a party to a proceeding pending before the judge or to a party's counsel, or allegedly otherwise is disqualified to preside in a proceeding pending before the judge, any party to the proceeding or the party's counsel may file an affidavit of disqualification with the clerk of the supreme court. The affidavit of disqualification shall be filed and decided in accordance with divisions (B) to (E) of section 2701.03 of the Revised Code, and, upon the filing of the affidavit, the provisions of those divisions apply to the affidavit, the proceeding, the judge, and the parties to the proceeding.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.05 | Powers of Court.

Effective:
September 29, 1976
Latest Legislation:
House Bill 82 - 111th General Assembly
Except as stated in section 2743.63 of the Revised Code, the court of claims has the same powers to subpoena witnesses, require the production of evidence, and punish for contempt as the court of common pleas.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2743 | Court of Claims › Section 2743.06 | Fees and Mileage for Witness.

Effective:
July 1, 2009
Latest Legislation:
House Bill 525 - 127th General Assembly
Any witness subpoenaed or whose deposition is taken shall receive the same fees and mileage as witnesses are provided under section 119.094 of the Revised Code. The party at whose instance the witness appears or the deposition is taken shall pay the fees and mileage, except that the state may not pay the fees to its own employees.