reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.91 | Enforcement of Foreign Country Judgment.

Effective:
August 29, 1985
Latest Legislation:
Senate Bill 19 - 116th General Assembly
(A) Except as provided in sections 2329.92 and 2329.93 of the Revised Code, any foreign country judgment that is final, conclusive, and enforceable where rendered shall be recognized and enforced by the courts of this state, even though an appeal from the judgment is pending or the judgment is subject to an appeal. Such a foreign country judgment is enforceable in this state in the same manner as a judgment of another state that is entitled to full faith and credit.
(B) For purposes of division (A) of this section, a foreign country judgment is conclusive between the parties to the extent that it grants or denies the recovery of a sum of money, except that, if any of the following applies, a foreign country judgment is not conclusive:
(1) The judgment was rendered under a system that does not provide impartial tribunals or procedures that are compatible with the requirements of the due process of law;
(2) Subject to divisions (C) and (D) of this section, the foreign court did not have personal jurisdiction over the defendant;
(3) The foreign court did not have jurisdiction over the subject matter.
(C) A foreign country judgment shall be considered conclusive, and shall not be refused recognition and enforcement for lack of personal jurisdiction, if any of the following applies:
(1) The defendant was personally served in the foreign country;
(2) The defendant voluntarily appeared in the proceedings other than for the purpose of protecting seized property or property threatened with seizure in the proceedings, or other than to contest the jurisdiction of the foreign court over him;
(3) Prior to the commencement of the proceedings, the defendant agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(4) The defendant was domiciled in the foreign country when the proceedings were commenced or, if the defendant was a corporation, it had its principal place of business, was incorporated, or otherwise had acquired corporate status in the foreign country;
(5) The defendant had a business office in the foreign country and the proceedings in the foreign court involved a claim for relief that arose out of the business done by the defendant through that office;
(6) The defendant operated a motor vehicle or airplane in the foreign country and the proceedings involved a claim for relief that arose out of that operation.
(D) A court of this state may recognize bases for jurisdiction over a defendant that are not listed in division (C) of this section and that have been recognized by the courts of this state or the general assembly.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.92 | When Judgment Not Enforceable - Reciprocity.

Effective:
August 29, 1985
Latest Legislation:
Senate Bill 19 - 116th General Assembly
(A) A foreign country judgment shall not be recognized and enforced pursuant to section 2329.91 of the Revised Code if the judge determines that any of the following are true:
(1) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to defend;
(2) The foreign country judgment was obtained by fraud;
(3) The claim for relief on which the foreign country judgment is based is repugnant to the public policy of this state;
(4) The foreign country judgment conflicts with another final and conclusive judgment;
(5) The proceedings in the foreign court were contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court;
(6) If jurisdiction was based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action.
(B) A foreign country judgment rendered in a foreign country that does not have a procedure for recognizing judgments made by courts of other countries and their political subdivisions in its statutes, rules, or common law that is substantially similar to sections 2329.90 to 2329.94 of the Revised Code may be recognized and enforced pursuant to section 2329.91 of the Revised Code in the discretion of the court.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.93 | Stay Pending Appeal.

Effective:
August 29, 1985
Latest Legislation:
Senate Bill 19 - 116th General Assembly
A court of this state may stay proceedings under sections 2329.90 to 2329.94 of the Revised Code to recognize and enforce a foreign country judgment if the defendant satisfies the court that an appeal is pending or that he is entitled and intends to appeal the foreign country judgment. The stay may be granted only until the appeal has been determined or until the expiration of a time period sufficient to enable the defendant to prosecute an appeal.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.94 | Scope and Construction.

Effective:
August 29, 1985
Latest Legislation:
Senate Bill 19 - 116th General Assembly
(A) Sections 2329.90 to 2329.94 of the Revised Code do not prevent courts from recognizing judgments in situations not covered by those sections.
(B) Sections 2329.90 to 2329.94 of the Revised Code shall be construed so as to effectuate the general purpose to make uniform the laws of the states that enact similar provisions.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.01 | Execution Against Person.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An execution against the person of a judgment debtor shall require the officer to arrest such debtor and commit him to the jail of the county until he pays the judgment, or is discharged according to law.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.02 | Execution May Issue.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An execution against the person of a debtor may be issued upon any judgment for the payment of money:
(A) When the judgment debtor has removed, or begun to remove, any of his property out of the jurisdiction of the court, with intent to prevent the collection of the money due on the judgment;
(B) When the judgment debtor has property, rights in action, evidences of debt, or interest or stock in a corporation or company, which he fraudulently conceals with like intent;
(C) When the judgment debtor has assigned or disposed of any of his property or rights in action, or has converted them into money, with intent to defraud his creditors, or with the intent to prevent such property from being taken in execution;
(D) When the judgment debtor fraudulently contracted the debt or incurred the obligation upon which the judgment was rendered;
(E) When the judgment was rendered for money, or other valuable thing, lost by playing at any game or by means of any bet or wager;
(F) When the judgment debtor was arrested on an order before judgment and has not been discharged as an insolvent debtor, or the order has not been set aside.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.03 | Allowance of Execution.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An execution against the person of the debtor, except as prescribed in section 2331.05 of the Revised Code, can be issued only when allowed by the supreme court, court of appeals, court of common pleas, probate court, or any judge of such courts, upon being satisfied, by the affidavit of the judgment creditor or his attorney, and such other evidence as is presented, of the existence of one or more of the particulars mentioned in section 2331.02 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.04 | Execution Issued by County Court Judge.

Effective:
January 1, 1958
Latest Legislation:
House Bill 937 - 102nd General Assembly
A judge of a county court may issue an execution against the person of a judgment debtor, upon being satisfied of the existence of one or more of the particulars mentioned in section 2331.02 of the Revised Code, by affidavit and evidence as required in section 2331.03 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.05 | Execution Issued as a Matter of Course.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the judgment debtor was arrested before judgment and has not been released from imprisonment by an application for relief as an insolvent debtor, and the order for such arrest has not been adjudged improper, an execution against the person of such judgment debtor may issue as a matter of course.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.06 | Discharge by Delivery of Property.

Effective:
January 1, 1958
Latest Legislation:
House Bill 937 - 102nd General Assembly
A person taken in execution as provided in sections 2331.01 to 2331.05, inclusive, of the Revised Code, must be discharged by delivering or setting off to the officer who serves the writ, if issued from a court of record, real or personal property, or if issued by a judge of a county court, personal property only, sufficient to satisfy the judgment and costs for which the writ was issued.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.07 | Execution May Issue Against Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person imprisoned under sections 2331.01 to 2331.10, inclusive, of the Revised Code, is entitled to prison bounds, as prescribed by sections 2331.15 and 2331.16 of the Revised Code. In case the person is out of jail in prison bounds, the judgment creditor, upon whose judgment he was imprisoned, is entitled to execution against the lands and tenements, and goods, and chattels of the debtor, and all other remedies prescribed by law for the collection of debts.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.08 | Death of Debtor No Satisfaction of Judgment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The death of a person under arrest in an action shall not satisfy the judgment, but an execution may issue thereon as if no arrest had been made.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.09 | One Arrested Before Judgment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a person who is imprisoned under an order of arrest made before judgment is not charged in execution within ten days after judgment, he shall be discharged from such imprisonment.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.10 | Debtor May Be Discharged.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person imprisoned under sections 2331.01 to 2331.10, inclusive, of the Revised Code, or upon an order of arrest before judgment in civil cases, who is unable to perform the act or endure the imprisonment, may be discharged therefrom upon such terms as are just by the court out of which the process was issued, or a judge thereof, or by the court in which the judgment was or might have been rendered, or a judge thereof.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.11 | Privilege From Arrest.

Effective:
March 9, 1999
Latest Legislation:
House Bill 649 - 122nd General Assembly
(A) The following persons are privileged from arrest:
(1) Members, the chief administrative officer of the house of representatives, the clerk of the house of representatives, clerks, sergeants at arms, and staff of the senate and house of representatives, during the sessions of the general assembly, and while traveling to and from such sessions;
(2) Electors, while going to, returning from, or in attendance at elections;
(3) Judges of the courts, while attending court, and also during the time necessarily employed in going to, holding, and returning from the court that it is their duty to attend;
(4) Attorneys, bailiffs, clerks of courts, sheriffs, coroners, constables, plaintiffs, defendants, jurors, and witnesses, and other officers or employees of the court, while going to, attending, or returning from court;
(5) Persons who, on their traditional day of worship, are within, going to, or returning from their place of worship, are worshipping at a service, or are going to or returning from a service.
(B) Whoever arrests a person in violation of division (A) of this section shall pay one hundred dollars, to be recovered by civil action, in the name and for the use of the person injured.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.12 | Days on Which Arrests May Not Be Made.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall be arrested during a sitting of the senate or house of representatives, within the hall where such session is being held, or in any court of justice, during the sitting of such court, or on Sunday, or on the fourth day of July.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.13 | Application.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 2331.11 to 2331.14, inclusive, of the Revised Code do not extend to cases of treason, felony, or breach of the peace, nor do they privilege any person specified in such sections from being served with a summons or notice to appear. Arrests not contrary to such sections made in any place or on any river or watercourse within or bounding upon this state are lawful.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.14 | Discharging Prisoner.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person arrested contrary to sections 2331.11 to 2331.14, inclusive, of the Revised Code, shall be discharged by a writ of habeas corpus, or in a summary way, by motion before the court from which the process issued, at the cost of the party who sued out the process.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.15 | Prison Bounds Fixed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person imprisoned for debt is entitled to the privilege of prison bounds, which shall be coextensive with the limits of the county. Such prisoner shall not pass over or without such limits.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2331 | Execution Against the Person › Section 2331.16 | Prisoner Entitled to Benefit of Prison Bounds.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
A prisoner is not entitled to the privilege of prison bounds until he gives bond to the creditors, with two or more sureties, resident in the county, approved by the judge or mayor who issued the process, or, in other cases, by the probate judge, in double the sum for which he stands committed, for his safe continuance in the custody of the jailer within the limits of the prison bounds, until legally discharged, which bond shall be deposited with the sheriff until the creditor demands it. When the condition of the bond is broken, the creditor may put it in suit and have judgment entered against the sureties for the debt, interest, and costs for which the prisoner stands committed.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.01 | Equitable and Certain Other Assets.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a judgment debtor does not have sufficient personal or real property subject to levy on execution to satisfy the judgment, any equitable interest which he has in real estate as mortgagor, mortgagee, or otherwise, or any interest he has in a banking, turnpike, bridge, or other joint-stock company, or in a money contract, claim, or chose in action, due or to become due to him, or in a judgment or order, or money, goods, or effects which he has in the possession of any person or body politic or corporate, shall be subject to the payment of the judgment by action.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.02 | Judgment Creditor.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The plaintiff, his agent, or attorney, in a judgment against a railroad company rendered in any court upon a claim due to the common laborers for work and labor performed for the company, or for crossties, lumber, or wood furnished thereto, to be used in the construction, repair, or operation of its road or for the erection of fences along the line of its road, required by law to be erected, or upon a note, or other evidence of indebtedness given for such considerations, for execution upon such judgment may file his affidavit, with a praecipe, setting forth the claim upon which the judgment is founded, that he has no knowledge of any property of the defendant liable to levy and sale upon the execution, and that a person or corporation, therein named, and within the jurisdiction of the officer to whom the execution is to be directed, is indebted to the defendant, or has property or claims of the defendant in his possession or under his control as agent of the defendant or otherwise. Thereupon the clerk of the court of common pleas shall issue a notice to each person or corporation named, to the effect that he is required to pay over and deliver to the officer holding such writ the money, property, and claims of the defendant, in his possession or under his control, or which may come into his possession or under his control before the satisfaction of the judgment, not exceeding an amount sufficient to pay it and the costs.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.03 | Notice to Garnishee.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The officer holding a writ of execution shall serve upon each garnishee named in the notice required by section 2333.02 of the Revised Code a copy of the execution and notice, and the person so served shall be bound to the plaintiff in execution from the date of such service for all the money, property, and credits of the defendant in his possession or under his control, or which may come into his possession or under his control, before the satisfaction of the judgment.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.04 | Examination of Garnishee.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
By a written notice after service on him as required by section 2333.03 of the Revised Code, the garnishee may be required to appear before any officer within his township competent to administer oaths, or before the clerk of the court of common pleas of his county, and answer such questions as are asked him touching the property of every description, money, and credits of the defendant, in his possession or under his control. The notice must be signed by the plaintiff, his agent, or attorney, and shall specify the time when and place where the examination will be held, and shall be served at least one day before the day fixed for the examination. The examination must be reduced to writing, signed by the garnishee, certified by the officer before whom it was taken, and filed with the papers in the case. The garnishee shall be entitled to the same fees for attendance as are allowed to witnesses.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.05 | Attachment Against Garnishee.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the garnishee refuses to appear, as required by the notice mentioned in section 2333.04 of the Revised Code, an attachment may be issued against him, upon proof made of due service of the notice. Having appeared, if he refuses to answer the questions asked him, the officer before whom the examination is had shall commit him to the jail of the county until he answers such questions, or is discharged according to law.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.06 | Payments and Delivery to Officer Holding Writ.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The garnishee shall pay over to the officer holding a writ of execution all money in his hands, or under his control, or which may come into his hands or control, belonging to the defendant mentioned in section 2333.02 of the Revised Code, not exceeding the amount of the judgment and costs, and deliver to the officer all property and credits of the defendant in his hands, or which may come into his hands, and take his receipt for such money, property, or credits, which shall be sufficient discharge of liability therefor. Upon refusal by such garnishee to pay over money or deliver property or credits as required by this section, the plaintiff may commence an action therefor, in his own name, against the garnishee, and recover them, with costs.
Last updated June 27, 2023 at 11:45 AM
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.07 | Officer to Sell Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
As upon execution, the officer holding a writ shall sell any property of the defendant delivered to him pursuant to section 2333.06 of the Revised Code which would be liable to seizure and sale on execution, and hold all the other property to abide the order of the court.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.08 | Assignments Void.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An assignment or transfer of property in the hands or under the control of an agent of the railroad company mentioned in section 2333.02 of the Revised Code at the date of the service of notice of garnishment required by such section, or which afterwards and before the satisfaction of the judgment, comes into his hands or under his control, shall be void as against judgment claimants under sections 2333.02 to 2333.07, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.09 | Order for Examination of a Judgment Debtor.

Effective:
July 11, 1961
Latest Legislation:
House Bill 143 - 104th General Assembly
A judgment creditor shall be entitled to an order for the examination of a judgment debtor concerning his property, income, or other means of satisfying the judgment upon proof by affidavit that such judgment is unpaid in whole or in part. Such order shall be issued by a probate judge or a judge of the court of common pleas in the county in which the judgment was rendered or in which the debtor resides, requiring such debtor to appear and answer concerning his property before such judge, or a referee appointed by him, at a time and place within the county to be specified in the order.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.10 | Examination of Debtor After Execution Issues.

Effective:
July 11, 1961
Latest Legislation:
House Bill 143 - 104th General Assembly
On proof by the affidavit of the judgment creditor, or otherwise, to the satisfaction of a judge of the court of common pleas, or a probate judge, of the county in which the debtor is found, that the judgment debtor has property which he unjustly refuses to apply toward the satisfaction of the judgment, such judge, by order, may require the debtor to appear at a time and place in such county to answer concerning it. Such proceedings thereupon may be had for the application of the property of the debtor toward the satisfaction of the judgment, as are prescribed by sections 2333.09 to 2333.27, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.11 | Order of Arrest May Issue.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Instead of the order mentioned in section 2333.10 of the Revised Code requiring the attendance of the judgment debtor, upon proof in writing to his satisfaction, by affidavit of the judgment creditor, or otherwise, that there is danger of the debtor's leaving the state, or concealing himself, to avoid such examination, the judge may issue a warrant requiring the sheriff to arrest and bring such debtor before him. Such warrant can be issued only by a judge of the court of common pleas, or the probate judge, of a county in which the debtor is found, and the sheriff can execute it only within that county. In executing the warrant, the sheriff shall deliver to the debtor a copy thereof and of the testimony on which it issued.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.12 | Examination of Debtor and Bond.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When brought before the judge as provided in section 2333.11 of the Revised Code, the judgment debtor shall be examined on oath, and other witnesses may be examined on either side. In the examination, if it appears that there is danger of such debtor's leaving the state, or that he has property which he unjustly refuses to apply to the judgment, he may be ordered to enter into a bond, with surety, in such sum as the judge prescribes that he will attend before the judge or referee for examination, from time to time, as directed. In default of entering into such bond, he may be committed to the jail of a county, by warrant of the judge, as for contempt.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.15 | Fraud Does Not Excuse Examination.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
On examination pursuant to sections 2333.09 to 2333.27, inclusive, of the Revised Code, no person shall be excused from answering any question on the ground that his examination will tend to convict him of a fraud. His answer shall not be used as evidence against him in a prosecution for such fraud.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.16 | Reference by Judge.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In a proceeding under sections 2333.09 to 2333.27, inclusive, of the Revised Code, the judge of the court of common pleas or the probate judge may order a reference to a referee agreed upon, or appointed by such judge to report the evidence or the facts.
Such judge or referee may continue his proceedings from time to time, until they are completed.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.17 | Attendance of Parties and Witnesses.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In a proceeding under sections 2333.09 to 2333.27, inclusive, of the Revised Code, a party or witness may be compelled, by an order of the judge, or by a subpoena, to attend, before a judge or referee, to testify.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.18 | Examination Before Referee.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If an examination held pursuant to sections 2333.09 to 2333.27, inclusive, of the Revised Code, is before a referee, such examination must be taken by the referee, and certified to the judge. All examinations and answers before a judge or referee must be on oath. When a corporation answers, the answer must be on the oath of an officer thereof.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.19 | Disobedience of Order.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a person, party, or witness disobeys an order of the judge, court, or referee, issued and served pursuant to sections 2333.09 to 2333.27, inclusive, of the Revised Code, such person may be punished as for contempt; and such referee may report the case to the court, or judge, and such court or judge may punish for contempt.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.20 | Debtor May Pay Execution Against Creditor.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After the issuance of execution against property, a person indebted to the judgment debtor may pay to the sheriff the amount of his debt, or so much as is necessary to satisfy the execution. The sheriff's receipt shall be a sufficient discharge for the amount so paid or directed to be credited by the judgment creditor on the execution.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.21 | Judge May Order Property to Be Applied on Execution - Earnings Excepted.

Effective:
March 30, 1999
Latest Legislation:
Senate Bill 170 - 122nd General Assembly
The judge may order any property of the judgment debtor that is not exempt by law to be applied toward the satisfaction of the judgment, but the earnings of the judgment debtor for personal services shall be applied only in accordance with sections 2329.66 and 2329.70 and Chapter 2716. of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.22 | Judge May Appoint Receiver and Prohibit Transfer of Property.

Effective:
March 23, 2015
Latest Legislation:
House Bill 9 - 130th General Assembly
(A) In proceedings under sections 2333.09 to 2333.27 of the Revised Code, the judge by order may appoint the sheriff of the proper county, or other suitable person, a receiver of the property of the judgment debtor.
(B) The judge who appointed the receiver under division (A) of this section, by order, may forbid a transfer, or other disposition of or interference with, the property of the judgment debtor not exempt by law.
(C) Under the control of the judge who appointed a receiver under division (A) of this section and except as ordered by the judge under division (B) of this section, the receiver may do any of the acts specified in section 2735.04 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.23 | Liability of Sheriff on Official Bond.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the sheriff is appointed receiver under section 2333.22 of the Revised Code, he and his sureties shall be liable on his official bond as such receiver. If another person is appointed, he must take an oath and give a bond.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.24 | Proceedings When Indebtedness Denied or Another Claims the Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If it appears that the judgment debtor has an interest in real estate, in the county in which proceedings under sections 2333.09 to 2333.27, inclusive, of the Revised Code, are had, as mortgagor, mortgagee, or otherwise, and his interest can be ascertained as between himself and the person holding the legal estate, or the person having a lien on or interest in the property, without controversy as to the interest of the person holding such estate, or interest therein, or lien thereon, the receiver appointed pursuant to section 2333.22 of the Revised Code may be ordered to sell and convey such real estate, or the interest of the debtor therein. The sale shall be conducted as is provided for the sale of real estate upon execution, and the proceedings of sale before the execution of the deed shall be approved by the court in which the judgment was rendered, or the transcript filed.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.25 | Order Reduced to Writing and Filed With Clerk.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
The order requiring a judgment debtor to appear and submit to the examination provided for by sections 2333.09 to 2333.27 of the Revised Code, shall be in writing, signed by the judge who makes it, and served as a summons. The judge shall reduce all his orders to writing, which, together with a minute of his proceedings that he has signed, shall be filed with the clerk of the court of common pleas of the county in which the judgment is rendered, or in which the transcript of the judge of the county court is filed, which clerk shall enter on his execution docket the time of filing it.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.26 | Fees of Probate Court.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The fees of the probate court for its services required by sections 2333.09 to 2333.27, inclusive, of the Revised Code, shall be five dollars in each case, and such fees as are allowed by law to clerks of the court of common pleas for similar services.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.27 | Costs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The judge, in proceedings under sections 2333.09 to 2333.27, inclusive, of the Revised Code, shall allow to clerks, sheriffs, referees, receivers, and witnesses, such compensation as is allowed for like services in other cases, to be taxed as costs in the case, and by order, shall enforce their collection from such parties as ought to pay them.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2333 | Proceedings in Aid of Execution › Section 2333.28 | Enforcement by Attachment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a judgment is not for the recovery of money or real property, it may be enforced by attachment by the court which rendered it, upon motion made, or by a rule of the court upon the defendant; but in either case notice of the motion, or a service of a copy of the rule, must be made on the defendant a reasonable time before making the order of attachment.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.01 | Fees of Commissioners and Appraisers.

Effective:
September 14, 1961
Latest Legislation:
House Bill 389 - 104th General Assembly
Each commissioner appointed to make partition of lands or to assign dower, for the time so engaged, and in going to and returning from such lands, shall receive not to exceed ten dollars each, per parcel of land, as the court determines.
A parcel of personal property is to include all the articles included in one action, execution, replevin, or attachment. Each person called by an officer to appraise real or personal property, on execution, replevin, or attachment, or to fix the value of exempt property shall receive not more than ten dollars per parcel and necessary expenses, provided, that in the appraisal of real estate the court may fix compensation at more than ten dollars per parcel.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.02 | Compensation of Appraisers and Arbitrators.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In any cause, matter, or proceeding arising in any court of record, where appraisers, commissioners, or arbitrators are appointed by such court to make or procure an appraisement or valuation of any property, real or personal, such appraisers, commissioners, or arbitrators shall receive, on application to such court, such compensation as the court deems reasonable and proper in addition to the amount specified by law and such compensation shall be taxed in the costs of such cause, matter, or proceeding in the same manner as other costs are now taxed.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.021 | Appointment of Licensed Auctioneer - Compensation, Reimbursement.

Effective:
October 22, 1969
Latest Legislation:
House Bill 373 - 108th General Assembly
Any court of record may appoint an auctioneer licensed under Chapter 4707. of the Revised Code to conduct any public auction of goods, chattels, or lands required to be sold by an officer of the court. Such auctioneer shall receive such compensation and reimbursement for the expenses of advertising such public auction as the court finds reasonable and proper. Such compensation and advertising expenses shall be charged as costs in the action or proceeding in which such sale is ordered.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.03 | Assignment Commissioners.

Effective:
October 30, 1965
Latest Legislation:
House Bill 324 - 106th General Assembly
The judges of the court of common pleas of any county where two or more such judges hold court at the same time, may, in joint session, appoint assignment commissioners to attend to the assignment of all cases for trial and to discharge such other duties as the court requires. Such assignment commissioners shall be allowed such compensation for their services as the court appointing them determines, and shall be paid monthly from the county treasury. An entry shall be made in the court journal designating the persons appointed as assignment commissioners, and fixing their compensation.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.04 | Assignment Commissioner in County Having One Judge.

Effective:
August 21, 1978
Latest Legislation:
Senate Bill 319 - 112th General Assembly
When the business of the court of common pleas requires, such court, in any county having not more than one judge of the court of common pleas, may appoint an assignment commissioner whose duty it will be to make assignments of cases to be tried in the court under the direction of the judge holding such court. Such commissioner shall hold office during the pleasure of the court making the appointment and shall receive such compensation as is fixed by the court making the appointment, which amount shall not exceed three thousand dollars per year, payable monthly.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.05 | Witness Fees and Mileage.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
In all cases or proceedings not specified in sections 2335.06 and 2335.08 of the Revised Code, except as otherwise provided in section 2335.061 of the Revised Code, each person subpoenaed as a witness shall be allowed one dollar for each day's attendance and the mileage allowed in courts of record. If not subpoenaed each person called upon to testify in a case or proceeding shall receive twenty-five cents. Such fee shall be taxed in the bill of costs, and if incurred in a state or ordinance case, or in a proceeding before a public officer, board, or commission, the fee shall be paid out of the proper public treasury, upon the certificate of the court, officer, board, or commission conducting the proceeding.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.06 | Witness Fees in Civil Cases.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) Except as otherwise provided in section 2335.061 of the Revised Code, each witness in civil cases shall receive the following fees:
(1) Twelve dollars for each full day's attendance and six dollars for each half day's attendance at a court of record, mayor's court, or before a person authorized to take depositions, to be taxed in the bill of costs. Each witness shall also receive reimbursement for each mile necessarily traveled to and from the witness's place of residence to the place of giving testimony, to be taxed in the bill of costs. The board of county commissioners of each county shall set the reimbursement rate for each mile necessarily traveled by a witness in a civil case in the common pleas court, any division of the common pleas court, a county court, or a county-operated municipal court. The rate shall not exceed fifty and one-half cents for each mile.
(2) For attending a coroner's inquest, the same fees and mileage provided by division (A)(1) of this section, payable from the county treasury on the certificate of the coroner.
(B) As used in this section, "full day's attendance" means a day on which a witness is required or requested to be present at proceedings before and after twelve noon regardless of whether the witness actually testifies; "half day's attendance" means a day on which a witness is required or requested to be present at proceedings either before or after twelve noon, but not both, regardless of whether the witness actually testifies.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.07 | Return of Miles by Officers.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The sheriff or other officer serving a writ or subpoena shall indorse thereon the number of miles to which each witness is entitled as provided by sections 2335.05 and 2335.06 of the Revised Code. Each judicial officer returning witnesses under recognizance to any court for the trial of criminal causes shall indorse on his transcript the number of miles to which each such witness is entitled.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.08 | Witness Fees in Criminal Cases.

Effective:
July 1, 2009
Latest Legislation:
House Bill 525 - 127th General Assembly
Each witness attending, under recognizance or subpoena issued by order of the prosecuting attorney or defendant, before the grand jury or the common pleas court, any division of the common pleas court, a county court, or a county-operated municipal court, in criminal causes, shall be allowed the same fees as provided by section 2335.06 of the Revised Code in civil causes, to be taxed in only one cause when such witness is attending in more causes than one on the same days, unless otherwise directed by special order of the court. When certified to the county auditor by the clerk of the court, such fees shall be paid from the county treasury, and except as to the grand jury, taxed in the bill of costs. In state cases such fees shall be paid out of the county treasury, and in ordinance cases they shall be paid out of the treasury of the municipal corporation, upon the certificates of the judge or magistrate, and they shall be taxed in the bill of costs.
When the fees enumerated by this section have been collected from the judgment debtor, they shall be paid to the public treasury from which such fees were advanced.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.09 | Interpreter.

Effective:
September 17, 2014
Latest Legislation:
House Bill 309 - 130th General Assembly
Whenever, in any criminal proceeding or prosecution for the violation of an ordinance, or in a hearing before a coroner, an interpreter is necessary, the judge, magistrate, or coroner may appoint interpreters, who shall receive fees as witnesses in the case or proceeding. Such fees shall be taxed and paid as provided by sections 2335.05 to 2335.08 of the Revised Code for other witness fees. If the party taxed with costs is indigent, interpreter's fees shall not be taxed as costs, and the county or, if the court is a municipal court that is not a county-operated municipal court, the municipal corporation in which the court is located shall pay the interpreter's fees. This section shall not apply if, by law, an interpreter is otherwise provided.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.10 | Expenses in Pursuit of Felon.

Effective:
February 5, 1968
Latest Legislation:
Senate Bill 447 - 107th General Assembly
The board of county commissioners may allow and pay the necessary expenses incurred by an officer in pursuit of a person charged with a felony, who has signed a formal waiver of interstate extradition or fled the country.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.11 | Payment of Fees and Costs in Felonies and Minor State Cases.

Effective:
September 17, 2014
Latest Legislation:
House Bill 309 - 130th General Assembly
In felony cases in which the defendant is convicted, the fees of the various magistrates and their officers, the witness fees, and interpreter's fees shall be inserted in the judgment of conviction and, when collected shall be disbursed by the clerk of the court of common pleas to the persons entitled thereto. In minor state cases, which have come to the court of common pleas through such magistrate's courts, the fees enumerated by this section shall be inserted in the judgment of conviction and, when collected shall be disbursed by the clerk to the persons entitled thereto. In both felonies and minor state cases, such clerk shall pay the witness and interpreter's fees into the county treasury, monthly.
If the defendant is indigent, the interpreter's fees shall not be inserted in the judgment of conviction, and the county shall pay the interpreter's fees.
In all cases in which recognizances are taken, forfeited, and collected, the amount recovered shall be paid into the county treasury, and if no conviction is had, such costs shall be paid by the county upon the allowance of the county auditor.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2335 | Fees; Costs › Section 2335.12 | Necessary Expenses for Salaried Officers.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all states cases, any wholly salaried minor court officer, charged with the execution of a warrant to arrest or order of commitment, shall receive from the county treasury the actual necessary expense of executing such writs upon specifically itemized bills, verified by the oath of such officer, and certified to by the proper magistrate, court, or clerk thereof. Such expense shall, in a like manner, be paid from the municipal treasury when incurred in ordinance cases.