reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.13 | Allowance Wherein State Fails or Defendant Is Insolvent.

Effective:
December 16, 1964
Latest Legislation:
House Bill 5 - 105th General Assembly
In felony cases in which the state fails, and in misdemeanor cases in which the defendant proves insolvent, the board of county commissioners, at its first meeting in January, shall make an allowance to constables, in the place of fees, but in no year shall the aggregate allowance to such officer exceed the fees legally taxed to him in such causes, nor, in any calendar year, shall the aggregate amount allowed such officer and his successor exceed one hundred dollars. If there is a successor, such amount shall be prorated on the basis of lost fees.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.14 | Inclusion of Officer's Fees in Ascertaining the Amount of Fees Taxed.

Effective:
January 1, 1958
Latest Legislation:
House Bill 937 - 102nd General Assembly
In ascertaining the amount of fees taxed by a judge of a county court in order to make the allowance provided by section 2335.13 of the Revised Code, in cases in which such judge was authorized to take security for costs, it must appear that he exercised reasonable care in taking such security. Until satisfied by the certificate of such judge or by other proof, to the satisfaction of the board of county commissioners, that the prosecuting witness was indigent and unable to pay the costs or procure security thereof, and that the officer exercised due care in taking such security, the fees of such officer in such cases shall not be included in ascertaining the amount to be so allowed.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.15 | Insufficient Security for Costs.

Effective:
January 1, 1958
Latest Legislation:
House Bill 937 - 102nd General Assembly
Where a judge of a county court takes security for costs that at the time of taking is insufficient, the board of county commissioners, in making allowance to him, shall not take into account his fees in such case.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.16 | Taxing of Costs by County Court Judge.

Effective:
January 1, 1958
Latest Legislation:
House Bill 937 - 102nd General Assembly
In all causes in which a judge of a county court may fine a person charged with the commission of an offense, such judge shall render judgment for such fine, and shall tax such costs for himself, the constable, and witnesses as are allowed by law.
In any misdemeanor case, all fees due any such officers, if collected, shall be paid into the county treasury, unless the amount of such fees was not taken into account in estimating the allowance to such officer.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.17 | Witness Fees of Policemen.

Effective:
July 1, 1985
Latest Legislation:
House Bill 201 - 116th General Assembly
No police officer is entitled to witness fees in a cause prosecuted under an ordinance of a city before a magistrate. In all prosecutions under a criminal law of the state involving a felony, municipal police officers shall be allowed the same fees for attendance as are allowed by section 2335.06 of the Revised Code. Such fees shall be taxed in the bill of costs and deposited, by municipal police officers, with the treasurer of the municipal corporation, to the credit of the general fund.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.18 | Costs of Each Party.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The costs of the parties in all actions, motions, and proceedings, in any of the courts of this state, shall be taxed and entered of record separately.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.19 | Certificate of Judgment for Costs.

Effective:
August 28, 2002
Latest Legislation:
House Bill 464 - 124th General Assembly
(A) On the rendition of judgment in any cause in any court, the costs of the party recovering, together with the party's debt or damages, shall be carried into the party's judgment, and the costs of the party against whom that judgment is rendered shall be separately stated in the record or docket entry. No party in whose favor judgment for costs is rendered in a cause may release, satisfy, or discharge, in whole or in part, any of those costs, unless that party previously has paid those costs to the clerk of the court or unless those costs have been paid to the person entitled to those costs or have been legally assigned or transferred to that party by the persons in whose names those costs stand taxed upon the record or docket.
(B) An entry of judgment that includes a grant of judgment for costs is an order that authorizes the clerk of the court, in accordance with division (C) of this section, to issue a certificate of judgment for all costs including any interest due on the judgment for costs, any cost incurred by the clerk in collecting the judgment for costs, and any fee a public agency or private vendor charges the clerk pursuant to a contract entered into under division (B)(1) of section 2335.24 of the Revised Code for collecting the judgment for costs against the person who is liable for the payment of those costs.
(C) The clerk of a court who wishes to issue a certificate of judgment for costs pursuant to a judgment for costs shall provide an itemized bill of fees and costs to the person who is liable for costs under the judgment, either upon the request of the person as specified in section 2335.32 of the Revised Code or without a request. If the person does not pay the fees and costs within thirty days after the clerk provides the itemized bill, the clerk shall send the person a first notice requesting payment of the fees and costs as stated in the itemized bill. If the person does not respond to the first notice with the full payment of the fees and costs within thirty days, the clerk shall send the person a second notice requesting payment of the fees and costs. If ninety days elapse from the date that the clerk provides the itemized bill and if the person has not paid the full amount of the fees and costs pursuant to the itemized bill and the notices, the clerk may issue a certificate of judgment for costs against the person for the fees and costs. After issuing a certificate of judgment for costs, the clerk may assess the interest accrued from the date the clerk sends the first notice requesting payment of the fees and costs as stated in the itemized bill to the date of collection of the judgment at the rate established in section 1343.03 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.20 | Indorsement on Execution of Costs of Party Condemned.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
The clerk of the court or the judge of a county court, issuing execution for a judgment as provided by section 2335.19 of the Revised Code, shall indorse thereon the amount of the costs of the party condemned, which costs shall be collected by the officer to whom such writ is directed, in the same manner and at the same time as the judgment mentioned in the execution.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.21 | Special Execution May Issue for Costs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the party recovering judgment in a cause neglects to sue out execution immediately, or after such execution has been returned without satisfaction of costs, the clerk of the court, for his own benefit, may, or at the instance of a person entitled to fees in the bill of costs taxed against either party, shall issue against the party indebted to such clerk or other person for such fees, whether plaintiff or defendant, an execution to compel the party to pay his own costs. Such execution shall be in the following form:
(Form of execution to compel either party to pay his own costs.)
The State of Ohio, ______________county, ss:
To the sheriff of ______________county, greeting:
Whereas, in a certain civil action lately prosecuted in the _________ court of ______________ county, wherein _____________ was plaintiff and ________________was defendant, the costs of said ______________ were taxed at __________ dollars, __________ cents: You are therefore commanded, that, of the goods and chattels, or, for the want of goods and chattels, of the lands and tenements of the said _____________ in your county, you cause to be made the costs aforesaid, with interest thereon from the _______ day of __________, A.D. ______ (the date of the judgment) until paid, and costs that may accrue: And, if you shall levy and make said costs and interests, do you have the same before the ________ court of __________ county, within sixty days from the date hereof, to render unto the persons entitled to the same; and have you then and there this writ.
Witness my hand and the seal of the _________ court, this ______ day of ____________ A.D. _________
A. B., Clerk.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.22 | Costs on Amendments, Continuance, or Under Special Rule.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The costs adjudged against either party on continuances, amendments, or under a special rule may be collected by process, at any time after judgment or order of court awarding such costs to be issued from the court in which the judgment or order is made, in the form of execution prescribed by section 2335.21 of the Revised Code, with the following alteration: After the asterisk, instead of the word "of," these words shall be inserted: "adjudged against the said _________ on continuance," or "amendment," or otherwise, as the case may be. If the special rule for payment of costs is in the court of appeals, the writ shall be so altered as to make it returnable to that court.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.23 | Costs to Be Taxed Separately - Costs in Court of Appeals.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
In transcripts given by clerks and judges of county courts, the costs of each party shall be stated and set forth separately. In causes taken from the court of common pleas to the court of appeals on appeal, the clerk of the court of common pleas shall certify to the court of appeals the costs of each party, separately. The clerk of the court of appeals shall, in like manner, certify in the mandate to the court of common pleas, for execution, the costs in such court of appeals of each party, separately. The costs of the losing party in the court of appeals as well as the costs of the successful party shall, except as provided in section 2335.22 of the Revised Code, be collected, by process, from the court of common pleas in the manner prescribed in section 2335.21 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.24 | Collection of Costs - Contracts for Collection.

Effective:
August 28, 2002
Latest Legislation:
House Bill 464 - 124th General Assembly
(A) In all causes in any court, except as otherwise provided in section 2969.23 of the Revised Code, costs taxed and entered as provided by sections 2335.18 to 2335.23 of the Revised Code may be collected by the process provided by those sections.
(B)(1) The clerk of a court may enter into contracts with one or more public agencies or private vendors for the collection of amounts due under judgments for costs. The contracts shall comply with division (B)(2) of this section. The amounts may include any interest that also is due on a judgment for costs. Before entering into or renewing a contract of that nature, the clerk of a court shall do all of the following:
(a) Comply with the provisions of sections 307.86 to 307.92 of the Revised Code that pertain to required competitive bidding. For purposes of complying with those sections, the clerk of the court shall be considered the contracting authority.
(b) Obtain the approval of the terms of the contract by the legislative authority associated with the court.
(2) A contract entered into or renewed by the clerk of a court pursuant to division (B)(1) of this section shall include all of the following terms:
(a) A requirement that the contracting public agency or private vendor must disburse the full amount collected by the agency or vendor that is due under the judgment for costs, including any interest that is also due on that judgment, to the contracting clerk of a court for disbursement to the appropriate entity as designated by the Revised Code;
(b) A provision that prohibits the contracting public agency or private vendor from deducting any fees or expenses that the agency or vendor incurs in the collection of the judgment from the amount collected that is due under the judgment including interest.
(3) As used in division (B) of this section, "legislative authority" has the same meaning as in division (B) of section 1901.03 of the Revised Code, if the clerk of the court involved is the clerk of a municipal court, and means a board of county commissioners, if the clerk of the court involved is the clerk of a county court or a court of common pleas.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.241 | Use of Certain Interest on Certificates of Judgment for Computerization of Clerk's Office.

Effective:
August 28, 2002
Latest Legislation:
House Bill 464 - 124th General Assembly
In order to provide funds to support the effective use of computerization within the office of the clerk of the court of common pleas, upon the request of the clerk of the court of common pleas, the board of county commissioners, by a resolution adopted on an annual basis prior to the thirty-first day of January in any year, may authorize the clerk of court to deposit in a fund for that purpose all or a portion of the interest that is due on certificates of judgment issued by that clerk pursuant to division (C) of section 2335.19 of the Revised Code and that the clerk receives during that calendar year. The clerk of the court shall pay to the county treasurer the interest authorized by the resolution of the board of county commissioners to be used for computerization within the office of the clerk. The treasurer shall deposit the money from this interest into any fund previously established under division (B)(1) of section 2303.021 of the Revised Code if a fund has been established for funds collected under that division. If a fund has not been established under that division, the treasurer shall deposit the money from this interest into a separate fund to be distributed after appropriation by the board of county commissioners in an amount no greater than the actual cost of a computerization project recommended by the clerk of the court of common pleas and approved by the board of county commissioners. The board of county commissioners, with the consent of the clerk of the court of common pleas, may determine at any time that the separate fund established is no longer necessary and may terminate that fund. Notwithstanding sections 5705.14 to 5705.16 of the Revised Code, if that fund is terminated, the treasurer shall transfer any moneys that remain in the fund to the general fund of the county.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.25 | Cashbooks of Costs; Clerk Shall Receive Moneys Payable at Office.

Effective:
January 1, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
Each clerk of a court of record, the sheriff, and the prosecuting attorney shall enter in a journal or cashbook, provided at the expense of the county, an accurate account of all moneys collected or received in the clerk's, sheriff's, or prosecuting attorney's official capacity, on the days of the receipt, and in the order of time so received, with a minute of the date and suit, or other matter, on account of which the money was received. The cashbook shall be a public record of the office, and shall, on the expiration of the term of each such officer, be delivered to the officer's successor. The clerk shall be the receiver of all moneys payable into the clerk's office, whether collected by public officers of court or tendered by other persons, and, on request, shall pay the moneys to the persons entitled to receive them.
The clerk of the court of common pleas or of the county court may deposit moneys payable into the clerk's office in a bank, as defined in section 1101.01 of the Revised Code, subject to section 131.11 of the Revised Code. Any interest received upon the deposits shall be paid into the treasury of the county for which the clerk performs official duties.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.26 | Courts May Require Clerks to Give Additional Bonds.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If, at any time, in the opinion of the court, the official bond of its clerk, is not sufficient in form, or becomes insufficient, for want of responsible sureties to secure the payment of the sum specified in such bond, the court, on motion, shall order its clerk to give additional bond, with responsible sureties, in the sum required by law, with the proper conditions.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.27 | Costs Collected by Prosecuting Attorney.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
On the first day of November of each year, the prosecuting attorney shall file with the clerk of the court of common pleas a certified report of all costs collected by him, or that are in the process of collection, in felony cases. The report shall state the amount received in each case, the date received, and when the amount was paid to the county treasurer. At the same time, the prosecuting attorney shall file a like report of all costs and fines that are collected by him in misdemeanors and that he is required to pay into the county treasury.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.28 | Jury Fees in Civil Actions to Be Taxed as Costs.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
(A) Except as provided in division (B) of this section, in any civil action in a court of common pleas in which a jury is sworn and a verdict is returned, the fees of the jurors sworn shall be taxed as costs unless the court determines that the payment of the fees by a party against whom they are proposed to be taxed would not be in the interest of justice.
(B)(1) If a civil action in a court of common pleas in which a jury has been summoned but not sworn is settled or does not otherwise go forward, the fees of the jurors summoned may be taxed as costs at the discretion of the trial court.
(2) If a civil action in a court of common pleas is settled after jurors are sworn, the fees of the jurors sworn shall be paid in accordance with the settlement agreement. If the agreement does not provide for the payment of the fees, the fees of the jurors sworn may be taxed as costs at the discretion of the trial court.
(C) Upon receipt of fees taxed as costs under division (A) or (B) of this section or paid in accordance with a settlement agreement, the clerk of the court shall pay the fees to the county treasurer to be deposited in the county treasury.
(D) If any juror serves on more than one jury on the same day, the court shall tax the juror's jury fees for that day as costs equally among the parties who are required to pay the fees under this section either as determined by the court or pursuant to a settlement agreement.
(E) Jury fees shall be taxed as costs pursuant to this section for each day or part of a day that a sworn juror serves.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.30 | Table of Fees to Be Posted in Office.

Effective:
September 11, 1961
Latest Legislation:
House Bill 213 - 104th General Assembly
Within three months after being elected or appointed to office, each county officer shall make and post, in a conspicuous place in his office, for the inspection by all persons who have business in his office, a table of the fees to which he is entitled.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.31 | Items of Fees to Be Returned on Process.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No sheriff, coroner, or constable may receive, either on mesne or final process, any fees, unless he returns, upon the process on which a charge is made, the particular items of such charge.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.32 | Itemized Bill of Costs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all cases, when demanded by a person liable for the payment of any fees or costs to an officer, such officer, without charge, shall make, sign, and deliver to the person an itemized bill of such fees or costs. No person shall, after such demand, be compelled to pay such fees or costs until an itemized bill is so made and delivered, with a receipt for the amount paid.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.33 | Costs Collected by Sheriffs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Each sheriff shall pay to the clerk of the court of common pleas all costs collected by such sheriff or his deputies, except when collected upon process from the supreme court, the probate court, or from the court of common pleas of another county in which cases the sheriff shall pay such costs to the clerk of the court from which the process issued. A sheriff may pay costs to the parties entitled thereto.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.34 | Lists of Unclaimed Costs.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
On the first Monday of January, each year, the clerk of each court of common pleas and court of appeals, each probate judge, and each sheriff shall make two certified lists of causes in which money has been paid and has remained in the hands of that person or in the hands of a former clerk, probate judge, or sheriff, for one year next preceding that first Monday of January. The lists shall designate the amount of money and in whose hands it remains. One list shall be set up in a conspicuous place by the officer, in the officer's office, for the period of thirty days, and the other list shall be posted at a public area of the courthouse or published on the web site of the court or officer, on the second Monday of January, for the same period of time.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.35 | Disposition of Unclaimed Fees and Costs.

Effective:
April 6, 2023
Latest Legislation:
House Bill 343 - 134th General Assembly
(A) All moneys, fees, costs, debts, and damages, remaining in the hands of the clerk of the court of common pleas or probate judge, and all unclaimed moneys, other than costs, remaining in the hands of the sheriff from the expiration of thirty days from the ending of the time of advertisement as provided by section 2335.34 of the Revised Code, shall be paid by such officer or such officer's successor to the county treasurer, on the order of the county auditor, except for unclaimed moneys that are for restitution payments for crime victims. Each such officer shall indicate each item in the officer's cashbook and docket the disposition made thereof. Upon ceasing to be such officer, each clerk, probate judge, and sheriff shall immediately pay to the clerk's, probate judge's, or sheriff's successor all money on hand as such officer.
(B) All the moneys remaining unclaimed that are for restitution payments for crime victims shall be sent to the reparations fund created under section 2743.191 of the Revised Code, with a list from the clerk or other officer responsible for the collection and distribution of restitution payments specifying the amounts and individual identifying information of the funds.
Last updated March 9, 2023 at 3:40 PM
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.36 | Payment to Person Entitled to Money From County Treasury.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person entitled to money turned into the county treasury as provided by section 2335.35 of the Revised Code shall, upon demand, receive a warrant for such money from the county auditor, payable to the order of the person named in the list furnished the auditor as provided by section 2335.38 of the Revised Code. Such warrant shall be issued upon the certificate of the clerk of the court of common pleas, probate judge, or sheriff, in office at the time such demand is made.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.37 | Payment of Certain Costs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All costs certified from the county treasury in criminal cases, and afterwards collected and paid to the clerk of the court of common pleas, probate judge, or sheriff, and all fines paid to them, shall be paid by such officer into the county treasury, on or before the Saturday next preceding the beginning of each term of the court of common pleas.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.38 | Records Shall Be Kept.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Each clerk of the court of common pleas, probate judge, or sheriff shall keep a book, which shall be a record of his office, showing in detail all the moneys paid by him into the county treasury, with proper references showing where each item may be found on the respective cashbooks and dockets, and giving the names of the parties, in alphabetical order, to whom such money belongs. A detailed statement of each item shall be furnished the county auditor, and no clerk, probate judge, or sheriff, shall receive from his successor in office any fees earned by him, which have come into the hands of such successor, until settlements are all fully made.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2337 | Uniform Foreign-Money Claims Act › Section 2337.01 | Uniform Foreign-Money Claims Act Definitions.

Effective:
July 20, 1994
Latest Legislation:
House Bill 292 - 120th General Assembly
As used in sections 2337.01 to 2337.14 of the Revised Code:
(A) "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.
(B) "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot rate.
(C) "Conversion date" means the banking day next preceding the date on which money, in accordance with sections 2337.01 to 2337.15 of the Revised Code, is:
(1) Paid to a claimant in an action or distribution proceeding;
(2) Paid to the official designated by law to enforce a judgment or award on behalf of a claimant; or
(3) Used to recoup, set-off, or counterclaim in different moneys in an action or distribution proceeding.
(D) "Distribution proceeding" means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust, or other fund.
(E) "Foreign money" means money other than money of the United States.
(F) "Foreign-money claim" means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money.
(G) "Money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.
(H) "Money of the claim" means the money determined as proper pursuant to section 2337.04 of the Revised Code.
(I) "Person" means an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(J) "Rate of exchange" means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim.
(K) "Spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding two days.
(L) "State" has the same meaning as in section 1.59 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2337 | Uniform Foreign-Money Claims Act › Section 2337.02 | When Provisions Apply.

Effective:
July 20, 1994
Latest Legislation:
House Bill 292 - 120th General Assembly
(A) Sections 2337.01 to 2337.15 of the Revised Code apply only to a foreign-money claim in an action or distribution proceeding.
(B) Sections 2337.01 to 2337.15 of the Revised Code apply to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues in the action or distribution proceeding.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2337 | Uniform Foreign-Money Claims Act › Section 2337.03 | Variation by Agreement.

Effective:
July 20, 1994
Latest Legislation:
House Bill 292 - 120th General Assembly
(A) The effect of sections 2337.01 to 2337.15 of the Revised Code may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment.
(B) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2337 | Uniform Foreign-Money Claims Act › Section 2337.04 | Determining Money of Claim.

Effective:
July 20, 1994
Latest Legislation:
House Bill 292 - 120th General Assembly
(A) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.
(B) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:
(1) Regularly used between the parties as a matter of usage or course of dealing;
(2) Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
(3) In which the loss was ultimately felt or will be incurred by the party claimant.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2337 | Uniform Foreign-Money Claims Act › Section 2337.05 | Determining Amount of Money of Certain Contract Claims.

Effective:
July 20, 1994
Latest Legislation:
House Bill 292 - 120th General Assembly
(A) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.
(B) If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding thirty days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.
(C) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2337 | Uniform Foreign-Money Claims Act › Section 2337.06 | Asserting and Defending Foreign Money Claim.

Effective:
July 20, 1994
Latest Legislation:
House Bill 292 - 120th General Assembly
(A) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
(B) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
(C) A person may assert a defense, set-off, recoupment, or counterclaim in any money without regard to the money of other claims.
(D) The determination of the proper money of the claim is a question of law.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2337 | Uniform Foreign-Money Claims Act › Section 2337.07 | Judgments and Awards on Foreign-Money Claims - Times of Money Conversion - Form of Judgment.

Effective:
July 20, 1994
Latest Legislation:
House Bill 292 - 120th General Assembly
(A) Except as provided in division (C) of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim.
(B) A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.
(C) Assessed costs must be entered in United States dollars.
(D) Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.
(E) A judgment or award made in an action or distribution proceeding on both a defense, set-off, recoupment, or counterclaim and the adverse party's claim, must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used.
(F) A judgment substantially in the following form complies with division (A) of this section:
"It is adjudged and ordered, that Defendant _______________ pay to Plaintiff __________ the sum of __________ (amount in foreign money) plus interest on that sum at the rate of _____ per cent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the __________ (name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of __________ (amount) United States dollars."
(G) If a contract claim is of the type covered by division (A) or (B) of section 2337.05 of the Revised Code, the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.
(H) A judgment must be filed and indexed in foreign money in the same manner, and has the same effect as a lien, as other judgments. It may be discharged by payment.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2337 | Uniform Foreign-Money Claims Act › Section 2337.08 | Conversions of Foreign Money in Distribution Proceeding.

Effective:
July 20, 1994
Latest Legislation:
House Bill 292 - 120th General Assembly
The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2337 | Uniform Foreign-Money Claims Act › Section 2337.09 | Pre-Judgment and Judgment Interest.

Effective:
July 20, 1994
Latest Legislation:
House Bill 292 - 120th General Assembly
(A) With respect to a foreign-money claim, recovery of prejudgment or preaward interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in division (B) of this section, are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this state.
(B) The court or arbitrator shall increase or decrease the amount of prejudgment or preaward interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.
(C) A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2337 | Uniform Foreign-Money Claims Act › Section 2337.10 | Enforcement of Foreign Judgments.

Effective:
July 20, 1994
Latest Legislation:
House Bill 292 - 120th General Assembly
(A) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in section 2337.07 of the Revised Code, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.
(B) A foreign judgment may be filed in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.
(C) A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.
(D) A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2337 | Uniform Foreign-Money Claims Act › Section 2337.11 | Determining United States Dollar Value of Foreign-Money Claims for Limited Purposes.

Effective:
July 20, 1994
Latest Legislation:
House Bill 292 - 120th General Assembly
(A) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.
(B) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution, or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking, must be ascertained as provided in divisions (C) and (D) of this section.
(C) A party seeking process, costs, bond, or other undertaking under division (B) of this section shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.
(D) A party seeking the process, costs, bond, or other undertaking under division (B) of this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2337 | Uniform Foreign-Money Claims Act › Section 2337.12 | Effect of Currency Revalorization.

Effective:
July 20, 1994
Latest Legislation:
House Bill 292 - 120th General Assembly
(A) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
(B) If substitution under division (A) of this section occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2337 | Uniform Foreign-Money Claims Act › Section 2337.13 | Supplementary General Principles of Law.

Effective:
July 20, 1994
Latest Legislation:
House Bill 292 - 120th General Assembly
Unless displaced by particular provisions of sections 2337.01 to 2337.15 of the Revised Code, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes, supplement these sections.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2337 | Uniform Foreign-Money Claims Act › Section 2337.14 | Uniformity of Application and Construction.

Effective:
July 20, 1994
Latest Legislation:
House Bill 292 - 120th General Assembly
Sections 2337.01 to 2337.15 of the Revised Code shall be applied and construed to effectuate the general purpose to make uniform the law with respect to the subject of these sections among states enacting it.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2337 | Uniform Foreign-Money Claims Act › Section 2337.15 | Title and Citation.

Effective:
July 20, 1994
Latest Legislation:
House Bill 292 - 120th General Assembly
Sections 2337.01 to 2337.14 of the Revised Code may be cited as the "Uniform Foreign-Money Claims Act."
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2501 | Court of Appeals › Section 2501.01 | Judicial Court of Appeals Districts.

Effective:
July 25, 1980
Latest Legislation:
Senate Bill 13 - 113th General Assembly
The state shall be divided into twelve judicial court of appeals districts. The counties constituting the districts are as follows:
(A) First district: Hamilton;
(B) Second district: Darke, Miami, Montgomery, Champaign, Clark, and Greene;
(C) Third district: Mercer, Van Wert, Paulding, Defiance, Henry, Putnam, Allen, Auglaize, Hancock, Hardin, Logan, Union, Seneca, Shelby, Marion, Wyandot, and Crawford;
(D) Fourth district: Adams, Highland, Pickaway, Ross, Pike, Scioto, Lawrence, Gallia, Jackson, Meigs, Vinton, Hocking, Athens, and Washington;
(E) Fifth district: Morrow, Richland, Ashland, Knox, Licking, Fairfield, Perry, Morgan, Muskingum, Guernsey, Coshocton, Holmes, Stark, Tuscarawas, and Delaware;
(F) Sixth district: Williams, Fulton, Wood, Lucas, Ottawa, Sandusky, Erie, and Huron;
(G) Seventh district: Mahoning, Columbiana, Carroll, Jefferson, Harrison, Belmont, Noble, and Monroe;
(H) Eighth district: Cuyahoga;
(I) Ninth district: Lorain, Medina, Wayne, and Summit;
(J) Tenth district: Franklin;
(K) Eleventh district: Lake, Ashtabula, Geauga, Trumbull, and Portage;
(L) Twelfth district: Brown, Butler, Clermont, Clinton, Fayette, Madison, Preble, and Warren.
2023 Ohio Revised Code › Title 25 | Courts-Appellate › Chapter 2501 | Court of Appeals › Section 2501.011 | Additional Judges in Fifth Through Seventh Districts.

Effective:
July 10, 2003
Latest Legislation:
House Bill 159 - 125th General Assembly
(A) There shall be three additional judges of the court of appeals of the fifth district, composed of Ashland, Coshocton, Delaware, Fairfield, Guernsey, Holmes, Knox, Licking, Morgan, Morrow, Muskingum, Perry, Richland, Stark, and Tuscarawas counties.
One of the additional judges of the fifth district court of appeals shall be elected at the general election in 1980 for a term of six years beginning February 10, 1981. One of the additional judges of the fifth district court of appeals shall be elected at the general election in 1982 for a term of six years beginning February 10, 1983. One of the additional judges of the fifth district court of appeals shall be elected at the general election in 2000 for a term of six years beginning February 11, 2001. The additional judges shall thereafter be elected to hold terms of six years.
In the fifth district, any three judges shall comprise the court of appeals in the hearing and disposition of cases in accordance with any local rules of practice and procedure that may be adopted by the judges of the court.
(B) There shall be two additional judges of the court of appeals of the sixth district, composed of Erie, Fulton, Huron, Lucas, Ottawa, Sandusky, Williams, and Wood counties.
One of the additional judges of the sixth district court of appeals shall be elected at the general election in 1980 for a term of six years beginning February 10, 1981. One of the additional judges of the sixth district court of appeals shall be elected at the general election in 1990 for a term of six years beginning on February 10, 1991. The additional judges shall thereafter be elected to hold terms of six years.
In the sixth district, any three judges shall comprise the court of appeals in the hearing and disposition of cases in accordance with any local rules of practice and procedure that may be adopted by the judges of the court.
(C) There shall be one additional judge of the court of appeals of the seventh district, composed of Belmont, Carroll, Columbiana, Harrison, Jefferson, Mahoning, Monroe, and Noble counties.
The additional judge shall be elected at the general election in 1996 for a term of six years beginning February 10, 1997. The additional judge thereafter shall be elected to hold terms of six years.
In the seventh district, any three judges shall comprise the court of appeals in the hearing and disposition of cases in accordance with any local rules of practice and procedure that may be adopted by the judges of the court.
(D) The judges provided for in this section and sections 2501.012 and 2501.013 of the Revised Code shall exercise the same powers and jurisdiction and perform the same duties as the judges of the courts of appeals; and shall receive the same compensation, as provided by law, for the judges of the courts of appeals.