reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2721 | Declaratory Judgments › Section 2721.16 | Award of Attorney's Fees.

Effective:
January 25, 2002
Latest Legislation:
House Bill 233 - 124th General Assembly
(A)(1) A court of record shall not award attorney's fees to any party on a claim or proceeding for declaratory relief under this chapter unless any of the following applies:
(a) A section of the Revised Code explicitly authorizes a court of record to award attorney's fees on a claim for declaratory relief under this chapter.
(b) An award of attorney's fees is authorized by section 2323.51 of the Revised Code, by the Civil Rules, or by an award of punitive or exemplary damages against the party ordered to pay attorney's fees.
(c) Regardless of whether a claim for declaratory relief is granted under this chapter, a court of record awards attorney's fees to a fiduciary, beneficiary, or other interested party, the attorney's fees are to be paid out of trust property, estate property, or other property that is the subject of a fiduciary relationship and that is involved in that claim or proceeding for declaratory relief, and the attorney's fees are awarded in accordance with equitable principles that permit recovery of attorney's fees incurred for services that are beneficial to the trust or estate.
(2) References in another section of the Revised Code to an award of costs or expenses incurred in connection with an action or proceeding does not authorize an award of attorney's fees for purposes of division (A)(1) of this section.
(B) Consistent with section 2721.13 of the Revised Code, the provisions of this section are remedial in nature. Notwithstanding any provision of the Revised Code in existence on the day immediately prior to September 24, 1999, notwithstanding any judicial construction prior to September 24, 1999, of a statutory provision of that nature, notwithstanding the holding in any decision of a court of this state, other than a decision based on equitable principles described in division (A)(1)(c) of this section, that authorized an award of attorney's fees to a party to a civil action or proceeding based on common law grounds rather than a statutory authorization of the general assembly, regardless of the date upon which a cause of action accrued that pertains to an action or proceeding in which declaratory relief is sought under this chapter, and regardless of who is the plaintiff or the defendant in an action or proceeding in which declaratory relief is sought under this chapter, division (A) of this section shall apply in connection with both of the following:
(1) An action or proceeding that is commenced on or after September 24, 1999, and that seeks declaratory relief under this chapter;
(2) An action or proceeding that was commenced prior to September 24, 1999, that is pending in a court of record on that date, and that seeks declaratory relief under this chapter.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2723 | Enjoining and Recovering Illegal Taxes and Assessments › Section 2723.01 | Jurisdiction of Courts of Common Pleas.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Courts of common pleas may enjoin the illegal levy or collection of taxes and assessments and entertain actions to recover them when collected, without regard to the amount thereof, but no recovery shall be had unless the action is brought within one year after the taxes or assessments are collected.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2723 | Enjoining and Recovering Illegal Taxes and Assessments › Section 2723.02 | Parties to Actions to Enjoin Levy.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Actions to enjoin the illegal levy of taxes and assessments must be brought against the corporation or person for whose use and benefit the levy is made. If the levy would go upon the county duplicate, the county auditor must be joined in the action.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2723 | Enjoining and Recovering Illegal Taxes and Assessments › Section 2723.03 | Parties to Actions to Enjoin Collection of Taxes or to Recover Taxes.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Actions to enjoin the collection of taxes and assessments must be brought against the officer whose duty it is to collect them. Actions to recover taxes and assessments must be brought against the officer who made the collection, or if he is dead, against his personal representative. When they were not collected on the county duplicate, each corporation or board which is entitled to share in the revenue so collected must be joined in the action.
If a plaintiff in an action to recover taxes or assessments, or both, alleges and proves that he or the corporation or deceased person whose estate he represents, at the time of paying such taxes or assessments, filed a written protest as to the portion sought to be recovered, specifying the nature of his claim as to the illegality thereof, together with notice of his intention to sue under sections 2723.01 to 2723.05, inclusive, of the Revised Code, such action shall not be dismissed on the ground that the taxes or assessments, sought to be recovered, were voluntarily paid.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2723 | Enjoining and Recovering Illegal Taxes and Assessments › Section 2723.04 | Amount Admitted Must Be Tendered - Bond.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the plaintiff in an action to enjoin the collection of taxes or assessments admits that a part thereof was legally levied, he first must pay or tender the sum admitted to be due. When an injunction is allowed, bond must be given as in other cases. The injunction shall be a justification of the officers charged with the collection of such taxes or assessments for not collecting them.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2723 | Enjoining and Recovering Illegal Taxes and Assessments › Section 2723.05 | Refunding an Illegal Tax or Assessment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If, by judgment or final order of any court of competent jurisdiction in this state, in an action not pending on appeal, it is determined that any tax or assessment or part thereof was illegal and such judgment or order is not made in time to prevent the collection or payment of such tax or assessment, then such tax or assessment or such part thereof as is at the time of such judgment or order unexpended and in the possession of the officer collecting the same shall be refunded to the person paying such tax or assessment by the officer having the same in his possession.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.01 | Persons Entitled to Writ of Habeas Corpus.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whoever is unlawfully restrained of his liberty, or entitled to the custody of another, of which custody such person is unlawfully deprived, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment, restraint, or deprivation.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.02 | Courts Authorized to Grant Writ.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The writ of habeas corpus may be granted by the supreme court, court of appeals, court of common pleas, probate court, or by a judge of any such court.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.03 | Jurisdiction for Production or Discharge of Inmate of Institution.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
If a person restrained of his liberty is an inmate of a state benevolent or correctional institution, the location of which is fixed by statute and at the time is in the custody of the officers of the institution, no court or judge other than the courts or judges of the county in which the institution is located has jurisdiction to issue or determine a writ of habeas corpus for his production or discharge. Any writ issued by a court or judge of another county to an officer or person in charge at the state institution to compel the production or discharge of an inmate thereof is void.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.04 | Application for Writ.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Application for the writ of habeas corpus shall be by petition, signed and verified either by the party for whose relief it is intended, or by some person for him, and shall specify:
(A) That the person in whose behalf the application is made is imprisoned, or restrained of his liberty;
(B) The officer, or name of the person by whom the prisoner is so confined or restrained; or, if both are unknown or uncertain, such officer or person may be described by an assumed appellation and the person who is served with the writ is deemed the person intended;
(C) The place where the prisoner is so imprisoned or restrained, if known;
(D) A copy of the commitment or cause of detention of such person shall be exhibited, if it can be procured without impairing the efficiency of the remedy; or, if the imprisonment or detention is without legal authority, such fact must appear.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.05 | Writ Not Allowed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If it appears that a person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or magistrate, or by virtue of the judgment or order of a court of record, and that the court or magistrate had jurisdiction to issue the process, render the judgment, or make the order, the writ of habeas corpus shall not be allowed. If the jurisdiction appears after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the process, judgment, or order.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.06 | Writ Must Be Granted.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a petition for a writ of habeas corpus is presented, if it appears that the writ ought to issue, a court or judge authorized to grant the writ must grant it forthwith.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.07 | Clerk Shall Issue Writ.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a writ of habeas corpus is granted, the clerk of the court which granted the writ shall forthwith issue said writ under the seal of such court. In case of emergency, the judge who allowed the writ may issue it under his own hand, and depute any officer or other person to serve it.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.08 | Designation of Prisoner.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The person to be produced upon a writ of habeas corpus shall be designated by his name, if known, and if his name is not known, or is uncertain, such person may be described in any other way so as to make known who is intended.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.09 | Requisites of Writ.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In case of confinement, imprisonment, or detention of a person by an officer, a writ of habeas corpus shall be directed to him, and command him to have such person before the court or judge designated in the writ, at a time and place therein specified.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.10 | Form of Writ When Prisoner Not in Custody of an Officer.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In case of confinement, imprisonment, or detention by a person not an officer, the writ of habeas corpus shall be in the following form:
The State of Ohio,___________________County, ss.:
To the sheriff of our several counties, greeting:
We command you that the body of ______________ of _______________, by _______________, of _______________, imprisoned and restrained of his liberty, as it is said, you take and have before ______________, a judge of our _________________court, or, in case of his absence or disability, before some other judge of the same court, at ______________, forthwith to do and receive what our said judge shall then and there consider __________ concerning him in his behalf; and summon the said _________________ then and there to appear before our said judge, to show the cause of the taking and detention of the said _________________________
(Seal) Witness ______________, at _____________, this __________day of ________________, in the year ___________
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.11 | Service of Writ.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The writ of habeas corpus may be served in any county by the sheriff of that or any other county or by a person deputed by the court or judge issuing the writ.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.12 | Execution and Return of Writ.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The officer or person to whom a writ of habeas corpus is directed shall convey the person imprisoned or detained, and named in the writ, before the judge granting the writ, or, in case of his absence or disability, before some other judge of the same court, on the day specified in the writ. Said officer or person shall make due return of the writ, together with the day and the cause of the caption and detention of such person, according to its command.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.13 | Return of Writ to Another Judge.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a writ of habeas corpus is issued by a court in session, if the court has adjourned when the writ is returned, it shall be returned before any judge of the same court. When the writ is returned before one judge, at a time when the court is in session, he may adjourn the case into the court, there to be heard and determined.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.14 | Contents of the Return.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the person to be produced under a writ of habeas corpus is imprisoned or restrained by an officer, the person who makes the return shall state therein, and in other cases the person in whose custody the prisoner is found shall state, in writing, to the court or judge before whom the writ is returnable, plainly and unequivocally:
(A) Whether or not he has the prisoner in his custody or power or under restraint.
(B) If the prisoner is in his custody or power or under restraint, he shall set forth, at large, the authority, and the true and whole cause, of such imprisonment and restraint, with a copy of the writ, warrant, or other process upon which the prisoner is detained.
(C) If such prisoner was in his custody or power or under restraint, and such custody or restraint was transferred to another, he shall state particularly to whom, at what time, for what cause, and by what authority such transfer was made.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.15 | Return Must Be Signed and Sworn To.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The return or statement referred to in section 2725.14 of the Revised Code shall be signed by the person who makes it, and shall be sworn to by him, unless he is a sworn public officer and makes the return in his official capacity.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.16 | Continuance of Cause.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The court or judge to whom a writ of habeas corpus is returned, or the court into which it is adjourned, for good cause shown, may continue the cause, and, in that event, shall make such order for the safekeeping of the person imprisoned or detained as the nature of the case requires.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.17 | Discharge of Prisoner.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the judge has examined the cause of caption and detention of a person brought before him as provided in section 2725.12 of the Revised Code, and is satisfied that such person is unlawfully imprisoned or detained, he shall forthwith discharge such person from confinement. On such examination, the judge may disregard matters of form or technicalities in any mittimus or order of commitment by a court or officer authorized by law to commit.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.18 | Prisoner May Be Committed or Let to Bail.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the person brought before a judge under section 2725.12 of the Revised Code is confined or detained in a legal manner on a charge of having committed a crime or offense which is bailable, the judge may recommit him or let him to bail. If such person is let to bail, the judge shall require him to enter into a recognizance, with sufficient surety, in such sum as the judge finds reasonable, after considering the circumstances of the prisoner and the nature of the offense charged, and conditioned for his appearance at the court where the offense is properly cognizable. The judge forthwith shall certify his proceedings, together with any recognizance, to the proper court. If the person charged fails to give such recognizance, he shall be committed to prison by the judge.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.19 | Mandatory Commitment for Capital Offense.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
If a prisoner brougt before a judge under section 2725.12 of the Revised Code was committed by a judge, and is plainly and specifically charged in the warrant of commitment with a felony the punishment for which is capital, he shall not be removed, discharged, or let to bail.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.20 | Return as Evidence or Plea.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a prisoner brought before a judge under section 2725.12 of the Revised Code is in custody under a warrant or commitment in pursuance of law, the return of the writ of habeas corpus is prima-facie evidence of the cause of detention. If such prisoner is restrained of his liberty by alleged private authority, the return is only a plea of the facts therein set forth, and the party claiming the custody shall be held to make proof of such facts. Upon the final disposition of a case, the court or judge shall make such order as to costs as it requires.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.21 | Forfeiture by Clerk for Refusal to Issue Writ.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A clerk of a court who refuses to issue a writ of habeas corpus, after an allowance of such writ and a demand therefor, shall forfeit to the party aggrieved the sum of five hundred dollars.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.22 | Failure to Obey Writ.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person to whom a writ of habeas corpus is directed shall neglect or refuse to obey or make return of it according to the command thereof, or make a false return, or upon demand made by the prisoner, or by any person on his behalf, refuse to deliver to the person demanding, within six hours after demand therefor, a true copy of the warrant of commitment and detainer of the prisoner.
Whoever violates this section shall forfeit to the party aggrieved two hundred dollars for a first offense; for a second offense such person shall forfeit four hundred dollars, and, if an officer, shall be incapable of holding his office.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.23 | Persons at Large Upon Writ Not to Be Again Imprisoned.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person who is set at large upon a writ of habeas corpus shall not be imprisoned again for the same offense, unless by the legal order or process of the court in which he is bound by recognizance to appear, or other court having jurisdiction of the cause or offense.
No person shall knowingly, contrary to sections 2725.01 to 2725.28, inclusive, of the Revised Code, recommit, imprison, or cause to be recommitted or imprisoned, for the same offense, or pretended offense, a person so set at large, or knowingly aid or assist therein.
Whoever violates this section shall forfeit to the party aggrieved five hundred dollars, notwithstanding any colorable pretense or variation in the warrant or commitment.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.24 | Prisoner Shall Not Be Removed From Custody of One Officer to Another.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person committed to prison, or in the custody of an officer for a criminal matter, shall not be removed therefrom into the custody of another officer, unless by legal process, or unless the prisoner is delivered to an inferior officer to be taken to jail, or, by order of the proper court, is removed from one place to another within this state for trial, or in case of fire, infection, or other necessity.
A person who, after such commitment, makes, signs, or countersigns a warrant for such removal contrary to this section shall forfeit to the party aggrieved five hundred dollars.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.26 | Record of Writs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The proceedings upon a writ of habeas corpus must be recorded by the clerk of the court in which such proceedings were had, and may be reviewed on appeal as in other cases.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.27 | Recovery of Forfeitures - Limitations.

Effective:
April 7, 2009
Latest Legislation:
House Bill 215 - 127th General Assembly
The forfeitures mentioned in sections 2725.21 to 2725.24 of the Revised Code may be recovered by the party aggrieved or the executors or administrators of the party aggrieved against the offender or the offender's executors or administrators by civil action in a court having cognizance thereof.
Actions for violations of sections 2725.21 to 2725.24 of the Revised Code shall be brought within two years after the offense is committed, except in cases of imprisonment of the party aggrieved, when action may be brought within two years after the delivery of the party aggrieved out of prison, or after death if the party aggrieved dies in prison.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2725 | Habeas Corpus › Section 2725.28 | Fees and Costs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The fees of officers and witnesses shall be taxed by the judge, on return of the proceedings on a writ of habeas corpus, and collected as a part of the original costs in the case. When the prisoner is discharged, the costs shall be taxed to the state, and paid out of the county treasury, upon the warrant of the county auditor. No officer or person shall demand payment in advance for any fees to which he is entitled by virtue of the proceedings, when the writ is demanded or issued for the discharge from custody of a person confined under color of proceedings in a criminal case. When a person in custody by virtue or under color of proceedings in a civil case is discharged, costs shall be taxed against the party at whose instance he was so in custody. If he is remanded to custody, costs shall be taxed against him.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2727 | Injunctions › Section 2727.02 | Causes for an Injunction.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A temporary order may be granted restraining an act when it appears by the petition that the plaintiff is entitled to the relief demanded, and such relief, or any part of it, consists in restraining the commission or continuance of such act, the commission or continuance of which, during the litigation, would produce great or irreparable injury to the plaintiff, or when, during the litigation, it appears that the defendant is doing, threatens or is about to do, or is procuring or permitting to be done, such act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2727 | Injunctions › Section 2727.03 | Courts Authorized to Grant Injunctions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
At the beginning of an action, or any time before judgment, an injunction may be granted by the supreme court or a judge thereof, the court of appeals or a judge thereof in his district, the court of common pleas or a judge thereof in his county, or the probate court, in causes pending therein, when it appears to the court or judge by affidavit of the plaintiff, or his agent, that the plaintiff is entitled to an injunction.
On like grounds and proof, the probate judge may grant injunctions in actions pending in either the court of common pleas or court of appeals of his county, in the absence therefrom of the judges of such courts.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2727 | Injunctions › Section 2727.05 | Injunction May Be Granted in Cases of Appeal.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an injunction has been allowed and during the pendency of the action in the court of common pleas has been vacated, either by a judge thereof in vacation or by the court previous to the trial of the action, and after such trial an appeal is taken from the judgment or final order of the court of common pleas to the court of appeals, an injunction may be granted before judgment or final order in the action, by the court of appeals in which it is pending or by a judge thereof, when it appears satisfactorily to such court or judge, by affidavit of the party seeking the injunction or his agent, that such party is entitled thereto. Upon like proof, an injunction also may be allowed by the supreme court or court of appeals, or by a judge of either, as a temporary remedy, during the pendency of a case on appeal in such courts.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2727 | Injunctions › Section 2727.11 | Enforcing an Injunction or Restraining Order.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An injunction or restraining order granted by a judge may be enforced as the act of the court, and disobedience thereof may be punished by the court, or by a judge who granted it in vacation, as a contempt.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2727 | Injunctions › Section 2727.12 | Procedure if Injunction or Restraining Order Is Disobeyed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon being satisfied, by affidavit, of the breach of an injunction or restraining order, the court or judge who issued such injunction or order may issue an attachment against the guilty party who shall pay a fine of not more than two hundred dollars, for the use of the county, make immediate restitution to the party injured, and give further security to obey the injunction or restraining order. In default thereof, said party may be committed to close custody until he complies with such requirement, or is otherwise discharged.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.01 | Restoration of Probate Court Records.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the records, dockets, journals, and files, or any part thereof, of any probate court have been lost or destroyed by fire, riot, or civil commotion, the probate court of its own motion, or upon the application of any party interested therein, may order the restoration of the record of every lost or destroyed will, and probate thereof, from the original or a certified copy of such will and probate, and the restoration of all lost or destroyed administration dockets, guardian dockets, trustee dockets, journals of such court, records of bonds, and dockets of assignments and trustees under the insolvent laws of the state.
Upon the application of a party interested, and on notice to parties interested therein, the court may order the restoration of any other record of any proceeding or document required to be recorded or filed, except a will and probate thereof. For that purpose, if a complete copy of such record cannot be obtained, the substance and effect thereof, material to the preservation of the rights of the parties affected thereby, may be ordered substituted for the lost or destroyed record. The court may issue a citation to any party to appear before it, produce any document or paper in his possession, and give evidence relating to such lost record.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.02 | Commissioner to Take Testimony - Rules.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
To enable the probate court to make restoration of lost or destroyed records as provided in section 2729.01 of the Revised Code, the probate judge may make such rules and regulations governing the proceedings for taking testimony and ascertaining the facts with reference to their restoration as he deems necessary.
If such records are lost by fire, riot, or civil commotion, such judge may appoint a commissioner to take testimony and report it with his findings thereon, in matters of their restoration. All such evidence shall be taken before such commissioner unless, upon the application of the parties, a reference is ordered to a special master commissioner, in which case the costs of reference shall be paid by the parties.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.03 | Salary and Term of Commissioner.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A commissioner appointed as provided in section 2729.02 of the Revised Code shall be paid a salary of twenty-five hundred dollars per annum and hold office for one year from the day of appointment.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.04 | Restoration Costs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The costs of restoring the records of the probate court shall be paid out of the county treasury upon the order of the probate judge.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.05 | Deed Is Prima-Facie Evidence of Record of Sale by Order of Court.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When real estate has been sold by a sheriff, executor, administrator, guardian, assignee, receiver, trustee, master commissioner, special master, or other person appointed or authorized by the court, and the record of the action in which such sale was made, or the papers or accounts filed by an executor, or his successor, of a will authorizing a sale of real estate, is lost or destroyed by fire, riot, or civil commotion, the deed for such property made by such sheriff, executor, administrator, guardian, assignee, receiver, trustee, master commissioner, special master, or other person appointed or authorized by the court is prima-facie evidence of the legality and regularity of such sale, and of the correctness of the proceedings in the action or proceeding by which the property was sold.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.06 | County Auditor's Deed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The deeds made by the county auditor of lands sold at delinquent or forfeited tax sales are not prima-facie evidence of title in the purchaser of such lands, nor is there any presumption in favor of such tax deeds or sales when the records of the sale and the proceedings upon which it was based have been lost or destroyed by fire, riot, or civil commotion.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.07 | Restoration of Will or Title to Real Estate.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the record of a deed or other instrument conveying title to real estate, authorized or required to be recorded, or a will and the probate thereof, is lost or destroyed by fire, riot, or civil commotion, and the original of such deed or other instrument, or will and the probate thereof, or a certified copy thereof, cannot be found, any person claiming title to such real estate or any interest under such will may bring an action in the court of common pleas of the county in which the loss occurred to establish the fact of the existence, contents, and record of such deed or other instrument, or will and probate thereof, prior to such loss or destruction, and the decree in the case shall be entered in the office where the original record existed.
Any person having or claiming an interest in such real estate or being in possession thereof, as well as the parties to such lost deed or other instrument or their privies, and all persons interested under such will, may be made parties defendant in such suit. Service of summons shall be made in the same manner as in other suits concerning real estate.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.08 | Costs of Proceedings.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The costs of the proceedings mentioned in section 2729.07 of the Revised Code shall be the same as are provided by law for like services in civil cases, and shall be paid out of the county treasury on the order of the court.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.09 | Restoration of Road Records.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an application is filed in the court of common pleas by the board of county commissioners, showing that the records of specified roads of the county were lost or destroyed by fire, riot, or civil commotion and that copies thereof or of some of them are in existence, and praying that the verity of such copies as are produced be ascertained and declared by the court, said court shall require notice to be given by publication for six weeks upon such days, not less than once a week, and in such newspapers as it directs, of the filing and prayer of such application, that it will stand for hearing upon some day fixed by the court, and requiring all persons interested to appear on such day and show cause why the the application should not be granted. The court shall cause a copy of such publication to be served at each occupied house on premises abutting on such roads, upon any person dwelling therein, and on the owner of each lot or tract of land abutting on the roads, or his agent, if he is found in the county, at least one week before the day fixed for such hearing.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.10 | Proceedings for Restoration of Road Records.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon the day fixed therefor, and upon such days thereafter as the court of common pleas directs by entry on its journal, the court shall proceed to hear and determine whether the papers produced before it pursuant to an application by a board of county commissioners under section 2729.09 of the Revised Code, or any of them, are accurate or substantial copies of the lost or destroyed records, fairly and honestly made. In considering the accuracy of such copies, the court shall hear any evidence which in its judgment clarifies the matter without regard to the ordinary rules of evidence. As often as the court finds any of such papers to be accurate or substantial copies of such records, the court shall enter such finding upon its journal and direct transcripts of such copies to be made by such person as it selects. As often as any of such transcripts are completed to the satisfaction of the court, an entry of that fact must be made upon its journal. Thereupon the clerk of the court of common pleas shall certify on such transcript that it has been approved by the court, and deliver it to the board. Transcripts so certified prima facie have the same effect as the originals from which the copies were made.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.11 | Costs of Transcripts.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The costs of making the transcripts mentioned in section 2729.10 of the Revised Code shall be fixed and allowed by the court of common pleas. Other costs under sections 2729.11 to 2729.13, inclusive, of the Revised Code shall be the same as fixed by law for similar services, and all costs for restoring lost road records shall be paid by the county, except as provided in section 2729.12 of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.12 | Proceedings When Copies in Existence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If at any time after the filing of an application as provided in section 2729.09 of the Revised Code, and before the final determination thereof, it appears to the court of common pleas that any person has in his possession or under his control papers purporting to be copies of a lost road record, or the originals from which they were made, and such person refuses to produce them to the court, the court shall issue a rule requiring such person to show cause why he does not produce such papers and enforce it by proceedings for contempt as in other cases. If the production of such papers is ordered by the court, the party ordered to produce them shall pay all the costs under this section.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.13 | County Roads.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
As to every county road the records of which have been lost or destroyed, and which records are not reproduced under sections 2729.09 to 2729.12, inclusive, of the Revised Code, the center of the road as fenced on April 12, 1884, is prima facie the true center, and the width of such road is prima facie sixty feet.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.14 | Replacement of Lost Records.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the record, or any part thereof, of the proceedings, judgment, or decree in an action or other proceeding of a court in this state, in which a final judgment has been rendered, is lost or destroyed by fire, riot, or civil commotion, upon the application of a party interested therein, such court may grant an order authorizing such record or part thereof to be supplied or replaced:
(A) By a certified copy of such original record, or part thereof, when it can be obtained;
(B) By a certified copy of the record in the supreme court of such original record of any action or proceeding removed to that court which remains recorded therein;
(C) By the original pleadings, entries, papers, and files in such action or proceeding, when they can be obtained;
(D) By an agreement in writing signed by all the parties to such action or proceeding, or by their representatives or attorneys, that a substituted copy of such original record is substantially correct.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.15 | Restoring Lost or Destroyed Records of Judgments.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the record or any part thereof of the proceedings, judgment, or decree in an action or other proceeding of a court in this state in which the final judgment has been rendered, is lost or destroyed by fire, riot, or civil commotion, and such loss cannot be supplied or replaced as provided in section 2729.14 of the Revised Code, any person interested therein may make a written application to the court to which such record belongs, setting forth its substance, which shall be verified in the manner provided for the verification of pleadings in a civil action. Thereupon summons shall issue and actual service or service by publication shall be made upon all persons interested in or affected by such original judgment or final entry, in the manner provided by law for the commencement of civil actions, except that parties may waive the issuing or service of summons and enter their appearance to such application.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.16 | Hearing of Application.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
On the hearing of a written application mentioned in section 2729.15 of the Revised Code, without further pleadings, if the court finds that the record of the proceedings, judgment, or decree was lost or destroyed and that it can by the evidence produced find the substance or effect thereof material to the preservation of the rights of the parties thereto, it shall make an order allowing a record. Such record shall recite the substance and effect of the lost or destroyed record, or part thereof, shall be recorded in the court, and shall have the same effect as the original record, so far as concerns the rights of the parties making the application, persons served with summons, persons entering their appearance, or persons claiming under them by a title acquired subsequently to the filing of the application.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.17 | Evidence on Hearing.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon the hearing of a written application as provided in section 2729.16 of the Revised Code, the court may admit in evidence any complete or partial abstract of the record mentioned in section 2729.15 of the Revised Code, docket entries, or indexes, and other written evidence of the contents or effect of such records, and published reports concerning the actions or proceeding mentioned in section 2729.15 of the Revised Code, when the court is of opinion that such abstracts, writings, and publications were fairly and honestly made before the loss of such records occurred.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.18 | Limitation of Time.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
When a lost or destroyed judgment or order is one to which either party has a right to appeal on questions of law, the time intervening between the filing of the application mentioned in section 2729.15 of the Revised Code and the final order of the court on the application shall be excluded in computing the time within which such appeal may be taken.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.19 | Costs of Restoring Lost Records.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The costs to be taxed upon an application to restore lost or destroyed records mentioned in section 2729.14 of the Revised Code shall be the same as provided for like services in civil actions. Where the record is lost or destroyed by fire, riot, civil commotion, or other cause, the cost of replacing and restoring it, as provided in sections 2729.14 to 2729.16, inclusive, of the Revised Code, shall be paid out of the county treasury on the order of the court.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2729 | Lost and Destroyed Records › Section 2729.20 | Order for Restoration.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the original papers and records mentioned in section 2729.14 of the Revised Code have been saved from destruction, riot, civil commotion, or other cause and the appearance dockets have been destroyed, and when such saved records should be recopied, the court of common pleas may order its clerk to restore such original papers upon the appearance docket, and may order the recopying of the records, the replacing of the appearance docket, indexes thereto, and such matters as it deems necessary. The costs thereof shall be the same as are provided for like services in civil actions, and shall be paid out of the county treasury, on the order of the court.