reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.44 | Admissibility of Guidelines, Regulations, or Standards.

Effective:
March 20, 2019
Latest Legislation:
House Bill 7 - 132nd General Assembly
(A) As used in this section:
(1) "Health care provider" means any person or entity against whom a medical claim may be asserted in a civil action.
(2) "Medical claim" has the same meaning as in section 2305.113 of the Revised Code.
(B) Any guideline, regulation, or other standard under any provision of the "Patient Protection and Affordable Care Act," 124 Stat. 119 (2010), 42 U.S.C. 18001 et seq., as amended, Title XVIII of the "Social Security Act," 42 U.S.C. 1395 et seq., as amended, and Title XIX of the "Social Security Act," 42 U.S.C. 1396 et seq., as amended, shall not be construed to establish the standard of care or duty of care owed by a health care provider to a patient in a medical claim and is not admissible as evidence for or against any party in any civil action based upon the medical claim or in any civil or administrative action involving the licensing or licensure status of the health care provider.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.45 | Admissibility of Reimbursement Policies or Determinations.

Effective:
March 20, 2019
Latest Legislation:
House Bill 7 - 132nd General Assembly
(A) As used in this section:
(1) "Health care provider" means any person or entity against whom a medical claim may be asserted in a civil action.
(2) "Insurer" means any public or private entity doing or authorized to do any insurance business in this state. "Insurer" includes a self-insuring employer and the United States centers for medicare and medicaid services.
(3) "Medical claim" has the same meaning as in section 2305.113 of the Revised Code.
(4) "Reimbursement determination" means an insurer's determination of whether the insurer will reimburse a health care provider for health care services and the amount of that reimbursement.
(5) "Reimbursement policies" means an insurer's policies and procedures governing its decisions regarding the reimbursement of a health care provider for health care services and the method of reimbursement.
(B) Any insurer's reimbursement policies or reimbursement determination or regulations issued by the United States centers for medicare and medicaid services or the Ohio department of medicaid regarding the health care services provided to the patient in any civil action based on a medical claim are not admissible as evidence for or against any party in the action and may not be used to establish a standard of care or breach of that standard of care in the action.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.47 | Blood Tests by Court Order.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever it is relevant in a civil or criminal action or proceeding to determine the paternity or identity of any person, the trial court on motion shall order any party to the action and any person involved in the controversy or proceeding to submit to one or more blood-grouping tests, to be made by qualified physicians or other qualified persons not to exceed three, to be selected by the court and under such restrictions or directions as the court or judge deems proper. In cases where exclusion is established, the results of the tests together with the findings of the experts of the fact of nonpaternity are receivable in evidence. Such experts shall be subject to cross-examination by both parties after the court has caused them to disclose their findings to the court or to the court and jury. Whenever the court orders such blood-grouping tests to be taken and one of the parties refuses to submit to such test, such fact shall be disclosed upon the trial unless good cause is shown to the contrary. The court shall determine how and by whom the costs of such examination shall be paid.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.48 | Action for Discovery.

Effective:
April 4, 1985
Latest Legislation:
Senate Bill 47 - 115th General Assembly
When a person claiming to have a cause of action or a defense to an action commenced against him, without the discovery of a fact from the adverse party, is unable to file his complaint or answer, he may bring an action for discovery, setting forth in his complaint in the action for discovery the necessity and the grounds for the action, with any interrogatories relating to the subject matter of the discovery that are necessary to procure the discovery sought. Unless a motion to dismiss the action is filed under Civil Rule 12, the complaint shall be fully and directly answered under oath by the defendant. Upon the final disposition of the action, the costs of the action shall be taxed in the manner the court deems equitable.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.52 | Cross-Examination of Agent or Employee.

Effective:
September 13, 1957
Latest Legislation:
Senate Bill 147 - 102nd General Assembly
When the action or proceeding relates to a transaction or occurrence in which it has been shown or it is admitted that the adverse party acted either in whole or in part through an agent or employee, such agent or employee of the adverse party may be called as a witness and examined as if under cross-examination upon any matters at issue between the parties which are shown or admitted to have been within the scope of such agent's or employee's authority or employment.
The party calling for such examination shall not thereby be concluded but may rebut such agent's or employee's testimony by counter testimony.
The party whose agent or employee is called as a witness by the adverse party and whose agent or employee is examined as if under cross-examination shall not thereby be concluded but may rebut such agent's or employee's testimony by counter testimony.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.561 | View of Ultrasound Image of Fetus Prior to Abortion.

Effective:
June 20, 2008
Latest Legislation:
House Bill 314 - 127th General Assembly
In addition to the requirements in section 2317.56 of the Revised Code, if an obstetric ultrasound examination is performed at any time prior to the performance or inducement of an abortion or the physician performing or inducing the abortion determines that an ultrasound examination will be performed as part of the abortion procedure, the physician shall do both of the following prior to the performance or inducement of the abortion:
(A) Provide the pregnant woman receiving the abortion the opportunity to view the active ultrasound image of the embryo or fetus;
(B) Offer to provide the pregnant woman with a physical picture of the ultrasound image of the embryo or fetus.
The requirements of division (A) of this section shall be performed at no additional charge to the pregnant woman.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2317 | Evidence › Section 2317.62 | Presenting Evidence of Cost of Annuity in Connection With Any Issue of Recoverable Future Damages.

Effective:
July 6, 2001
Latest Legislation:
Senate Bill 108 - 124th General Assembly
(A) As used in this section:
(1) "Annuity" means an annuity that would be purchased from either of the following types of insurance companies:
(a) An insurance company that the A.M. Best Company, in its most recently published rating guide of life insurance companies, has rated A or better and has rated XII or higher as to financial size or strength;
(b)(i) An insurance company that the superintendent of insurance, under rules adopted pursuant to Chapter 119. of the Revised Code for purposes of implementing this division, determines is licensed to do business in this state and, considering the factors described in division (A)(1)(b)(ii) of this section, is a stable insurance company that issues annuities that are safe and desirable;
(ii) In making determinations as described in division (A)(1)(b)(i) of this section, the superintendent shall be guided by the principle that the trier of fact in a tort action should be presented only with evidence as to the cost of annuities that are safe and desirable for the plaintiffs in such an action who are awarded damages. In making such determinations, the superintendent shall consider the financial condition, general standing, operating results, profitability, leverage, liquidity, amount and soundness of reinsurance, adequacy of reserves, and the management of any insurance company in question and also may consider ratings, grades, and classifications of any nationally recognized rating services of insurance companies and any other factors relevant to the making of such determinations.
(2) "Future damages" means damages that result from an injury or loss to person or property that is a subject of a tort action and that will accrue after the verdict or determination of liability by the trier of fact is rendered in that tort action.
(3) "Tort action" means a civil action for damages for injury or loss to person or property. "Tort action" includes a product liability claim that is subject to sections 2307.71 to 2307.80 of the Revised Code, but does not include a civil action for damages for a breach of contract or another agreement between persons.
(4) "Trier of fact" means the jury or, in a nonjury action, the court.
(B) Consistent with the Rules of Evidence, any party to a tort action may present evidence of the cost of an annuity in connection with any issue of recoverable future damages. If such evidence is presented, then the trier of fact may consider that evidence in determining the future damages suffered by reason of an injury or loss to person or property that is a subject of the tort action. If such evidence is presented, the present value in dollars of any annuity is its cost.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2319 | Affidavits; Depositions › Section 2319.01 | Methods of Taking Testimony.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The testimony of witnesses may be taken:
(A) By affidavit;
(B) By deposition;
(C) By oral examination.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2319 | Affidavits; Depositions › Section 2319.02 | Affidavit, Deposition, Oral Testimony Defined.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An affidavit is a written declaration under oath, made without notice to the adverse party. A deposition is a written declaration under oath, made upon notice to the adverse party. Oral testimony is that delivered from the lips of the witness.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2319 | Affidavits; Depositions › Section 2319.03 | Use of Affidavit.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An affidavit may be used to verify a pleading, to prove the service of the summons, notice, or other process in an action; or to obtain a provisional remedy, an examination of a witness, a stay of proceedings, or upon a motion, and in any other case permitted by law.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2319 | Affidavits; Depositions › Section 2319.04 | Before Whom Affidavit May Be Made.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An affidavit may be made in or out of this state before any person authorized to take depositions, and unless it is a verification of a pleading it must be authenticated in the same way as a deposition.
Such affidavit may be made before any person authorized to administer oaths whether an attorney in the case or not.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2319 | Affidavits; Depositions › Section 2319.08 | Deposition in Foreign Suit.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Depositions may be taken when the testimony is required in an action, cause, or matter pending before any court or authority outside this state.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2319 | Affidavits; Depositions › Section 2319.11 | Officers Authorized to Take Depositions for Use Outside of State.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Depositions taken in and to be used in this state must be taken by an officer or person whose authority is derived within the state; but, if for use elsewhere, they may be taken before a commissioner or officer who derives his authority from the state, district, or territory in which they are to be used.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2319 | Affidavits; Depositions › Section 2319.27 | Fees for Taking Depositions - Lien.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Except as section 147.08 of the Revised Code governs the fees chargeable by a notary public for services rendered in connection with depositions, the fees and expenses chargeable for the taking and certifying of a deposition by a person who is authorized to do so in this state, including, but not limited to, a reporter, stenographer, or person described in Civil Rule 28, may be established by that person subject to the qualification specified in this section, and may be different than the fees and expenses charged for the taking and certifying of depositions by similar persons in other areas of this state. Unless, prior to the taking and certifying of a deposition, the parties who request it agree that the fees or expenses to be charged may exceed the usual and customary fees or expenses charged in the particular community for similar services, such a person shall not charge fees or expenses in connection with the taking and certifying of the deposition that exceed those usual and customary fees and expenses.
The person taking and certifying a deposition may retain the deposition until the fees and expenses that the person charged are paid. The person also shall tax the costs, if any, of a sheriff or other officer who serves any process in connection with the taking of a deposition and the fees of the witnesses, and, if directed by a person entitled to those costs or fees, may retain the deposition until those costs or fees are paid.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2321 | New Trial › Section 2321.01 | Appellate Review Without Motion for New Trial.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A motion for a new trial is not necessary as a prerequisite to obtain appellate review of the sufficiency or weight of the evidence submitted to the trial court where such evidence to be considered appears as a part of the record filed in the appellate court.
This section applies to any action or proceeding pending in the courts on October 27, 1949.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2321 | New Trial › Section 2321.04 | Stating Objection.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The objection made in the trial court with the ruling thereon must be stated, with the facts, or so much of the evidence as is necessary to explain it, and no more, and the whole as briefly as possible.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2321 | New Trial › Section 2321.18 | New Trial or Reversal Granted Only Once.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The same trial court shall not grant more than one new trial on the weight of the evidence against the same party in the same case, nor shall the same court grant more than one judgment of reversal on the weight of the evidence against the same party in the same case.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2321 | New Trial › Section 2321.21 | Application May Be Made After Term.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When, with reasonable diligence, the grounds for a new trial could not be discovered before but are discovered after the term at which the journal entry of a final order, judgment, or decree has been approved by the trial court in writing and filed with the clerk of the court for journalization, the application for a new trial may be by petition, filed not later than the second term after the discovery, nor more than one year after the final order, judgment, or decree was rendered, on which a summons must issue, be returnable, and be served, or publication made, as in other cases.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2321 | New Trial › Section 2321.22 | Facts in Petition Considered and Case Heard and Decided.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The facts stated in the petition mentioned in section 2321.21 of the Revised Code, shall be considered as denied, without answer. If the service is complete in vacation, the case shall be heard and summarily decided at the ensuing term, and when completed in term, within twenty days after service. The case shall be placed on the trial docket, and the witnesses examined in open court, or their depositions taken as in other cases.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.06 | Mortgagor and Mortgagee Mediation.

Effective:
September 11, 2008
Latest Legislation:
House Bill 138 - 127th General Assembly
In an action for the foreclosure of a mortgage, the court may at any stage in the action require the mortgagor and the mortgagee to participate in mediation as the court considers appropriate and may include a stipulation that requires the mortgagor and the mortgagee to appear at the mediation in person.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.07 | Sale of Foreclosed Property.

Effective:
September 11, 2008
Latest Legislation:
House Bill 138 - 127th General Assembly
When a mortgage is foreclosed or a specific lien enforced, a sale of the property, or a transfer of property pursuant to sections 323.28, 323.65 to 323.78, and 5721.19 of the Revised Code, shall be ordered by the court having jurisdiction or the county board of revision with jurisdiction pursuant to section 323.66 of the Revised Code.
When the real property to be sold is in one or more tracts, the court may order the officer who makes the sale to subdivide, appraise, and sell them in parcels, or sell any one of the tracts as a whole.
When the mortgaged property is situated in more than one county, the court may order the sheriff or master of each county to make sale of the property in the sheriff's or master's county, or may direct one officer to sell the whole. When it consists of a single tract, the court may direct that it be sold as one tract or in separate parcels, and shall direct whether appraisers shall be selected for each county or one set for all; and whether publication of the sale shall be made in all the counties, or in one county only.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.09 | Judgment Against Married Woman.

Effective:
September 28, 1979
Latest Legislation:
House Bill 674 - 113th General Assembly
When a married woman sues or is sued, proceedings shall be had and judgment shall be rendered and enforced as if she were unmarried. Her property and estate is liable for a judgment against her, but she is entitled to the benefits of all applicable exemptions provided by statute.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.12 | Judgment by Confession.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person indebted, or against whom a cause of action exists, may personally appear in a court of competent jurisdiction, and, with the assent of the creditor, or person having such cause of action, confess judgment; whereupon judgment shall be entered accordingly.
The debt or cause of action shall be briefly stated in the judgment, or in a writing to be filed as pleadings in other actions.
Such judgment shall authorize the same proceedings for its enforcement as judgments rendered in actions regularly brought and prosecuted. The confession shall operate as a release of errors.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.14 | Confession of Judgment by Attorney Named by Person in Custody.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A warrant of attorney to confess judgment, executed by a person in custody, in favor of the person at whose suit he is in custody, shall be of no force unless executed in the presence of an attorney expressly named by the person in custody, and signed by him as a witness.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.21 | Rights of Infants Reserved in Judgments.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
It is not necessary to reserve in a judgment or order the right of a minor to show cause against it after attaining the age of majority; but in any case in which, but for this section, such reservation would have been proper, within one year after his majority, the minor may show cause against such order or judgment.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.23 | Record Made Unless Waived.

Effective:
August 6, 1976
Latest Legislation:
House Bill 390 - 111th General Assembly
Except as provided in section 2323.26 of the Revised Code, the clerk shall make a complete record of every cause as soon as it is finally determined when ordered on the journal to do so, unless such record, or some part thereof, is waived.
The clerk shall make up such record in each cause when so ordered.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.24 | Contents of Record.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
The record provided for in section 2323.23 of the Revised Code shall be made up from the complaint, the process, returns, pleadings subsequent thereto, reports, verdicts, orders, judgments, and all material acts and proceedings of the court. If items of an account, or copies of papers attached to pleadings are voluminous, the court may order the record to be made by abbreviating them or inserting a pertinent description of them, or by omitting them entirely.
Evidence shall not be recorded.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.25 | Courts May Order Records Completed.

Effective:
August 4, 1961
Latest Legislation:
House Bill 214 - 104th General Assembly
When the judicial acts or other proceedings of a court have not been regularly brought up and recorded by the clerk, such court may have them made up and recorded within such time as it directs. When made up, and found to be correct, the presiding judge shall sign them.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.26 | Complete Records Need Not Be Made.

Effective:
August 4, 1961
Latest Legislation:
House Bill 214 - 104th General Assembly
A complete record need not be made:
(A) When an action has been dismissed without prejudice to a future action;
(B) In actions in which, in open court, at the term at which the final order or judgment is made, both parties declare their agreement that no record shall be made.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.261 | Records of Extracounty Actions.

Effective:
January 1, 1993
Latest Legislation:
House Bill 405 - 119th General Assembly
A copy of the record or part of the record of any extracounty action or proceeding that affects the title to or possession of real property, when authenticated as provided in Civil Rule 44, may be filed in the office of the clerk of the court of common pleas of the county in which the real property or any part of the real property is situated. Upon payment of the fees prescribed by division (W) of section 2303.20 of the Revised Code, the copy shall be admitted to record and shall be numbered, docketed, indexed, and filed in the same manner and shall have the same effect as a similar record of a local action or proceeding affecting the title to or possession of real property in the county.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.27 | Transcription of Judicial Records.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When deemed necessary, the court, by order on the journal, may direct its clerk to transcribe any book in his office into a new volume, and the transcript so made shall be as valid as the original.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.28 | Records in Dismissed Cases.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an action has been dismissed without prejudice to a future action, the clerk shall make a complete record of the proceedings, upon being paid therefor by the party requesting it.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.29 | Index to Judgments.

Effective:
October 27, 1981
Latest Legislation:
Senate Bill 114 - 114th General Assembly
The clerk shall keep, either as part of the general index or as a separate one, an index, direct and reverse, of all judgments, by names of parties alphabetically arranged, showing in separate columns the name of the judgment debtor, the name of the judgment creditor, the amount of the judgment and the year and term when it was rendered, the page of the journal on which it is entered, the volume and page of the final record, the number of the suit, the number and the time of issue of the execution, and satisfaction thereof, when it appears to have been made.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.30 | Costs Secured by Plaintiff.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
In all actions in which the plaintiff is a nonresident of the county in which the action is brought, a partnership suing by its company name, an insolvent corporation, or any party required to furnish security under section 2323.31 of the Revised Code, the plaintiff shall deposit cash or furnish security for costs. The surety must be a resident of the county and approved by the clerk. The obligation of the surety shall be complete by indorsing the summons or signing the surety's name on the petition as surety for costs. The surety shall be bound for the payment of the costs which are adjudged against the plaintiff in the court in which the action is brought, or in any other court to which it is carried, and for all the costs taxed against the plaintiff in such action, whether the plaintiff obtains a judgment or not. When a plaintiff makes an application to be qualified as an indigent litigant as set forth in section 2323.311 of the Revised Code, the clerk shall receive and file the civil action or proceeding. If the court approves the application, the clerk shall waive the cash deposit or the security under this section, and the court shall proceed on the action or proceeding. If the court denies the application, the clerk shall retain the filing of the civil action or proceeding, and the court shall issue an order granting the applicant whose application is denied thirty days to make the required cash deposit or security prior to any dismissal or other action on the filing.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.31 | Cash Deposits as Security; Indigent Litigants.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
The court of common pleas by rule may require an advance deposit for the filing of any civil action or proceeding or of any responsive action by the defendant. On the motion of any party, and if satisfied that such deposit is insufficient, the court may require it to be increased from time to time, so as to secure all costs that may accrue in the cause, or may require personal security to be given. However, if a party makes an application to be qualified as an indigent litigant as set forth in section 2323.311 of the Revised Code, the clerk of the court shall receive and file the civil action or proceeding or the responsive action by the defendant. If the court approves the application, the clerk shall waive the advance deposit or personal security under this section and the court shall proceed with the action or proceeding or the defendant's responsive action. If the court denies the application, the clerk shall retain the filing of the civil action or proceeding or the defendant's responsive action, and the court shall issue an order granting the applicant whose application is denied thirty days to make the required deposit or personal security prior to any dismissal or other action on the filing of the civil action or proceeding or the defendant's responsive action.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.32 | Rule as to Executors and Administrators.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 2323.30 and 2323.31 of the Revised Code do not require administrators or executors to give security for costs in any suit commenced or prosecuted by them in the county in which they have been appointed or qualified, and in which they have given bond as such.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.33 | Action Dismissed for Want of Security for Costs; Applicability.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
(A) If security for costs is not given in a case mentioned in sections 2323.30 to 2323.32 of the Revised Code, at any time before the commencement of the trial, on motion of the defendant, and notice to the plaintiff, the court shall dismiss the action, unless in a reasonable time, which it may allow, security is given.
(B) This section does not apply if a party makes an application under section 2323.30 or 2323.31 of the Revised Code to qualify as an indigent litigant as set forth in section 2323.311 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.34 | Security if Plaintiff Becomes a Nonresident.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the plaintiff becomes a nonresident of the county in which the suit is brought, during its pendency, he may be compelled, in the manner stated in sections 2323.30 to 2323.33, inclusive, of the Revised Code, to give security.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.35 | Additional Security on Motion of Defendant.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In an action in which security for costs has been given, at any time before commencement of the trial, after reasonable notice to the plaintiff, the defendant may move the court for additional security. On such motion if the court is satisfied that the surety has removed from this state, or is not sufficient, the action may be dismissed, unless, in a reasonable time, to be fixed by the court, sufficient security is given.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.36 | Judgment Entered Against Surety for Costs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After final judgment in an action in which security for costs has been given, on motion of the defendant or a person having a right to such costs, or a part thereof, after ten days' notice of such motion, the court may render judgment in the name of the defendant, or his legal representatives, against the surety, his executors, or administrators, for the amount of costs adjudged against the plaintiff, or so much thereof as is unpaid. Execution may be issued on such judgment, as in other cases, for the use and benefit of the persons entitled to such costs.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.41 | Collateral Benefits Introduced Into Evidence.

Effective:
April 11, 2003
Latest Legislation:
Senate Bill 281 - 124th General Assembly
(A) In any civil action upon a medical, dental, optometric, or chiropractic claim, the defendant may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the damages that result from an injury, death, or loss to person or property that is the subject of the claim, except if the source of collateral benefits has a mandatory self-effectuating federal right of subrogation, a contractual right of subrogation, or a statutory right of subrogation.
(B) If the defendant elects to introduce evidence described in division (A) of this section, the plaintiff may introduce evidence of any amount that the plaintiff has paid or contributed to secure the plaintiff's right to receive the benefits of which the defendant has introduced evidence.
(C) A source of collateral benefits of which evidence is introduced pursuant to division (A) of this section shall not recover any amount against the plaintiff nor shall it be subrogated to the rights of the plaintiff against a defendant.
(D) As used in this section, "medical claim," "dental claim," "optometric claim," and "chiropractic claim" have the same meanings as in section 2305.113 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.421 | Medical Liability Action - Out-of-State Physician Deemed Licensed in Ohio to Testify.

Effective:
September 13, 2004
Latest Legislation:
House Bill 215 - 125th General Assembly
A person licensed in another state to practice medicine, who testifies as an expert witness on behalf of any party in this state in any action against a physician for injury or death, whether in contract or tort, arising out of the provision of or failure to provide health care services, shall be deemed to have a temporary license to practice medicine in this state solely for the purpose of providing such testimony and is subject to the authority of the state medical board and the provisions of Chapter 4731. of the Revised Code. The conclusion of an action against a physician shall not be construed to have any effect on the board's authority to take action against a physician who testifies as an expert witness under this section.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.44 | Rights of Subrogee.

Effective:
March 23, 2016
Latest Legislation:
House Bill 259 - 131st General Assembly
(A) As used in this section:
(1) "Health care provider-sponsored organization" means an entity that is sponsored by hospitals, physician groups, other licensed health care providers, or any combination of hospitals, physician groups, or other licensed health care providers that are affiliated through common ownership or control and share financial risk for the purpose of delivering health care services.
(2) "Injured party" means any person who claims any injury, death, or loss to person in a tort action or an estate that makes a survivorship claim due to injury, death, or loss to person, but not including a derivative claim, a claim made by a beneficiary in a wrongful death action pursuant to section 2125.02 of the Revised Code, or a claim for punitive damages arising from a person's claim of injury, death, or loss to person.
(3) "Recovery" means the amount obtained from a third party in a tort action or the amount obtained for a claim in connection with uninsured or underinsured motorist coverage.
(4) "Third party" means any individual, automobile insurance company, or public or private entity against which a person or estate has a tort action.
(5) "Subrogee" means any of the following:
(a) An insurance company doing business in this state;
(b) A self-funded plan providing health, sickness, or disability benefits;
(c) A health care provider-sponsored organization;
(d) Any person or entity that claims a right of subrogation by contract or common law.
(6) "Tort action" means a civil action for injury, death, or loss to person. "Tort action" includes any claim for damages for injury, death, or loss to person, whether or not a lawsuit is pending, or a claim in connection with uninsured or underinsured motorist coverage, but does not include a civil action for breach of contract or another agreement between persons.
(B) Notwithstanding any contract or statutory provision to the contrary, the rights of a subrogee or any other person or entity that asserts a contractual, statutory, or common law subrogation claim against a third party or an injured party in a tort action shall be subject to both of the following:
(1) If less than the full value of the tort action is recovered for comparative negligence, diminishment due to a party's liability under sections 2307.22 to 2307.28 of the Revised Code, or by reason of the collectability of the full value of the claim for injury, death, or loss to person resulting from limited liability insurance or any other cause, the subrogee's or other person's or entity's claim shall be diminished in the same proportion as the injured party's interest is diminished.
(2) If a dispute regarding the distribution of the recovery in the tort action arises, either party may file an action under Chapter 2721. of the Revised Code to resolve the issue of the distribution of the recovery.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.46 | Fees on Summons to Another County.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a summons is issued to another county, it may be returned by mail, and the sheriff shall be entitled to the same fees as if it had issued in the county of which he is sheriff.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.57 | General Verdict for Future Damages.

Effective:
June 2, 2004
Latest Legislation:
House Bill 212 - 125th General Assembly
In any tort action to which section 2323.55 or 2323.56 of the Revised Code does not apply, if a plaintiff makes a good faith claim against a defendant for future damages, the trier of fact shall return a general verdict and, if that verdict is in favor of the plaintiff, answers to interrogatories or findings of fact that specify both of the following:
(A) The past damages recoverable by that plaintiff;
(B) The future damages recoverable by that plaintiff.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.581 | Valid Transfer of Structural Settlement Payment Rights.

Effective:
March 23, 2018
Latest Legislation:
House Bill 223 - 132nd General Assembly
No direct or indirect transfer of structured settlement payment rights shall be effective, and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to a transferee or assignee of structured settlement payment rights, unless the transfer has been approved in advance in a final order of a court of competent jurisdiction based on express findings by the court of all of the following:
(A) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents.
(B) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received that advice or knowingly waived in writing the opportunity to seek and receive that advice.
(C) The transfer does not contravene any applicable statute or order of any court or other government authority.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.582 | Contents and Form of Disclosure Statement.

Effective:
March 23, 2018
Latest Legislation:
House Bill 223 - 132nd General Assembly
Not less than ten days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in boldface type of the minimum size of fourteen points, setting forth all of the following:
(A) The amounts and due dates of the structured settlement payments that would be transferred under the transfer agreement;
(B) The aggregate amount of the payments described in division (A) of this section;
(C) The discounted present value of the payments described in division (A) of this section, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities," and the amount of the applicable federal rate used in determining the discounted present value;
(D) The gross advance amount;
(E) An itemized listing of all applicable transfer expenses, other than attorneys' fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any such fees and disbursements;
(F) The net advance amount;
(G) The effective annual interest rate, which shall be disclosed as follows: "On the basis of the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are transferring to us, you will, in effect, be paying interest to us at a rate of ___________ per cent per year";
(H) The aggregate amount of any penalty or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee;
(I) That the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee;
(J) That the payee has the right to seek and receive independent professional advice regarding the proposed transfer and should consider doing so before agreeing to transfer any structured settlement payment rights.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.583 | Transfer of Structured Settlement Payment Rights; Applicable Procedures.

Effective:
March 23, 2018
Latest Legislation:
House Bill 223 - 132nd General Assembly
Following a transfer of structured settlement payment rights pursuant to sections 2323.58 to 2323.585 of the Revised Code, all of the following apply:
(A) The structured settlement obligor and the annuity issuer may rely on the court order approving the transfer in redirecting periodic payments to an assignee or transferee in accordance with the order approving the transfer and shall, as to all parties except the transferee or an assignee designated by the transferee, be discharged and released from any and all liability for the redirected payments. That discharge and release shall not be affected by the failure of any party to the transfer to comply with sections 2323.58 to 2323.585 of the Revised Code or with the court order approving the transfer.
(B) The transferee shall be liable to the structured settlement obligor and the annuity issuer, as follows:
(1) For any taxes incurred by the structured settlement obligor or annuity issuer as a consequence of the transfer, if the transfer contravenes the terms of the structured settlement;
(2) For any other liabilities or costs, including reasonable costs and attorneys' fees, arising from compliance by the structured settlement obligor or annuity issuer with the court order approving the transfer or from the failure of any party to the transfer to comply with sections 2323.58 to 2323.585 of the Revised Code.
(C) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees.
(D) Any further transfer of structured settlement payment rights by the payee may be made only if the transfer complies with all of the requirements of sections 2323.58 to 2323.585 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.585 | Immunity - Waiver - Illegal Transfers.

Effective:
March 23, 2018
Latest Legislation:
House Bill 223 - 132nd General Assembly
(A) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on a failure of the transfer to comply with any of the requirements of sections 2323.581 to 2323.584 of the Revised Code.
(B) No provision of this section or section 2323.581, 2323.582, 2323.583, or 2323.584 of the Revised Code may be waived by any payee.
(C) No provision of this section or section 2323.581, 2323.582, 2323.583, or 2323.584 of the Revised Code authorizes any transfer of structured settlement payment rights in contravention of applicable law or implies that any transfer under a transfer agreement that was entered into prior to the effective date of this amendment is valid or invalid.
(D) Any transfer agreement entered into on or after the effective date of this amendment by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, are to be determined in and under the laws of this state. No such transfer agreement shall authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
(E) No transfer of structured settlement payment rights shall extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for both of the following:
(1) Periodically confirming the payee's survival;
(2) Giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee's death.
(F) If the payee cancels a transfer agreement, or if the transfer agreement otherwise terminates, after an application for approval of a transfer of structured settlement payment rights has been filed and before it has been granted or denied, the transferee shall promptly request dismissal of the application.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.586 | Settlement Obligor and Annuity Issuer Immune From Liability.

Effective:
March 23, 2018
Latest Legislation:
House Bill 223 - 132nd General Assembly
Compliance with section 2323.582 of the Revised Code and the fulfillment of the conditions set forth in section 2323.581 of the Revised Code shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2323 | Judgment › Section 2323.587 | Consumer Sales Practices Act Applicability.

Effective:
March 23, 2018
Latest Legislation:
House Bill 223 - 132nd General Assembly
A violation of or failure to comply with section 2323.581, 2323.582, 2323.583, 2323.584, 2323.585, or 2323.586 of the Revised Code is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code.