reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.35 | Judgment Against Garnishee.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
Final judgment shall not be rendered against a garnishee under section 2715.091 of the Revised Code until the action against the defendant in attachment is determined. If judgment is rendered therein for the defendant in attachment, the garnishee shall be discharged, and recover costs. If the plaintiff recovers, and the garnishee delivers up the property and credits of the defendant in his possession, and pays the money due from him, as the court orders, he shall be discharged, and the costs of proceedings against him shall be paid out of the property and money so surrendered, or as the court deems right.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.36 | Judgment for Defendant.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the judgment in an action in attachment is rendered for the defendant, the attachment shall be discharged, and the property attached or its proceeds returned to him.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.37 | Proceedings After Judgment for Plaintiff.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
If judgment is rendered for the plaintiff in an action in attachment, it shall be satisfied as follows: So much of the property in the hands of the levying officer, after applying the money arising from the sale of perishable property and so much of the personal property, and lands and tenements, whether held by legal or equitable title, as is necessary, shall be sold by order of the court, under the same restrictions and regulations as if it had been levied on by execution. The money arising therefrom, with the amount which is recovered from the garnishee, shall be applied to satisfy the judgment and costs. If there is not enough to satisfy them, the judgment shall stand and execution may issue thereon for the residue, as in other cases. Any surplus of the attached property or its proceeds shall be returned to the defendant.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.38 | Court May Enforce the Delivery of Property.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
The court may compel the delivery to the levying officer, for sale, of any attached property for which a bond has been given, and may proceed summarily on such bond to enforce delivery of the property, or payment of the money due thereon, by rules and attachment as in cases of contempt.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.39 | Repossession of Attached Property.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
For the purpose of selling it, the court may order the levying officer to repossess himself of attached property which has passed out of his hands without having been sold or converted into money. Under such order, the officer shall have the same power to take the property as under an order of attachment.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.40 | Attached Property Claimed by a Third Person.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
If personal property which has been attached is claimed by a person other than the defendant, the levying officer shall have the validity of such claim tried; and such proceedings shall be had, with like effect, as in case of property seized upon execution, and claimed by a third person.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.41 | Priority of Attachments.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When several attachments are executed on the same property, or the same person is made a garnishee by several parties, on the motion of any of the plaintiffs, the court may order a reference to ascertain and report the amounts and priorities of the several attachments.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.42 | Proceedings Do Not End by Death of Defendant.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
From the time an order of attachment is issued, the court shall have jurisdiction and control of all subsequent proceedings under sections 2715.01 to 2715.49, inclusive, of the Revised Code. After the order issues, if the defendant dies, or if the defendant is a corporation and its charter expires by limitation, forfeiture, or otherwise, the proceedings shall be carried on. In such cases, other than where the defendant is a foreign corporation, the legal representatives of the defendant shall be made parties to the action.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.43 | Objection to Surety - Additional Security.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
(A) In any case in which a motion for attachment is filed, the defendant against whom the motion is filed may object to the surety of the plaintiff that filed the motion on the bond filed under section 2715.044 of the Revised Code, and the plaintiff may object to the surety of the defendant or another person on a bond filed under section 2715.26 or 2715.10 of the Revised Code, respectively. An objection against a surety under this division shall be made by filing with the court within ten days after the filing of the surety's bond an exception to the sufficiency of the surety. All objections to sureties are otherwise waived. When an exception to a surety is made, that surety shall show to the court that it is sufficient to fulfill the obligations of its bond. After an exception has been made, the levying officer may execute the order of attachment in accordance with section 2715.09 of the Revised Code, but shall not take any further action until the surety is found by the court to be sufficient or is replaced by sufficient surety.
(B) Before judgment, after reasonable notice to the plaintiff in an action in attachment, the defendant may move the court for additional security on his part. On such motion, if the court is satisfied that the surety in the plaintiff's bond has removed from the state or is not sufficient for its amount, it may vacate the order of attachment and direct restitution of property taken under it, unless, in a reasonable time, to be fixed by the court, the plaintiff gives sufficient security.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.431 | Complaint Against Surety.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
A party may seek recovery of damages awarded on final judgment and the costs of judgment execution against the other party's surety on a bond filed pursuant to section 2715.044, 2715.10, or 2715.26 of the Revised Code if execution of judgment issued in favor of that party is returned unsatisfied, by the filing of a complaint against the surety in the same action in which the bond was filed.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.44 | Motion to Discharge Attachment.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
Before judgment, upon reasonable notice to the plaintiff, the defendant may move to discharge an attachment as to the whole or any of the property attached. The motion shall promptly be heard and decided by the court.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.45 | Evidence on Motion to Discharge.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When, on the part of the defendant, a motion to discharge an attachment is made on affidavits or papers and evidence in the case, but not otherwise, the plaintiff may oppose it by affidavits or other evidence, in addition to that on which the order of attachment was made.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.46 | Appeal to Reverse, Vacate, or Modify Order of Attachment.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
A party to a suit affected by an order discharging or refusing to discharge an order of attachment may appeal on questions of law to reverse, vacate, or modify it as in other cases; and the original action shall proceed to trial and judgment as though no appeal had been taken.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.47 | Time in Which Appeal May Be Filed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an order discharging an order of attachment is made, and a party affected thereby excepts thereto, the court or judge shall fix the number of days, not to exceed thirty, in which such party may file his appeal, during which it shall be filed and the attached property held by the sheriff or other officer.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.48 | Bond.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The party who appeals under section 2715.47 of the Revised Code must give a bond to the adverse party, with surety to be approved by the clerk of the court of appeals, in double the amount of the appraised value of the property attached, conditioned to pay such adverse party all damages sustained by him in consequence of filing such appeal, in the event of the discharge of the order of attachment by the court in which it is filed because the order was wrongfully obtained. When the appeal is filed and a bond is given, the sheriff or other officer shall continue to hold the property attached, subject to the further order of the court.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.49 | Administrator or Executor May File Appeal.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a party who excepts to an order discharging or refusing to discharge an order of attachment dies within the time limited for filing his appeal, the administrator or executor of such party, within thirty days after his appointment and qualification, may file his appeal, and thereby become a party to the action. He shall not be required to give the bond required by section 2715.48 of the Revised Code. No such appeal can be filed by an executor or administrator after one year from the time such order is made.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.50 | Grounds of Attachment Before Debt Is Due.

Effective:
September 28, 1990
Latest Legislation:
House Bill 506 - 118th General Assembly
A creditor may bring an action on his claim before it is due and have an attachment against the property of the debtor when any of the following applies:
(A) A debtor has sold or otherwise transferred or disposed of his property with the fraudulent intent to cheat or defraud his creditors, or to hinder or delay them in the collection of their debts;
(B) A debtor is about to make such a sale or other transfer or disposition of his property, with such fraudulent intent;
(C) A debtor is about to remove his property, or a material part of it, with the intent or to the effect of cheating or defrauding his creditors, or of hindering or delaying them in the collection of their debts.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.51 | Attachment to Be Granted by Court in Which Action Is Brought.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
The attachment provided for in section 2715.50 of the Revised Code may be granted, pursuant and subject to sections 2715.01 to 2715.49 of the Revised Code, by the court in which the action was brought.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.52 | Action to Be Dismissed if Attachment Refused.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the court or judge refuses to grant an order of attachment under section 2715.50 of the Revised Code, the action shall be dismissed, but without prejudice to a future action. In all such actions application for an attachment must be made.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2716 | Garnishment › Section 2716.01 | Garnishing Personal Earnings or Property of Judgment Debtor.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(A) A person who obtains a judgment against another person may garnish the personal earnings of the person against whom judgment was obtained only through a proceeding in garnishment of personal earnings and only in accordance with this chapter.
(B) A person who obtains a judgment against another person may garnish the property, other than personal earnings, of the person against whom judgment was obtained, if the property is in the possession of a person other than the person against whom judgment was obtained, only through a proceeding in garnishment and only in accordance with this chapter.
(C) As used in this chapter:
(1) "Employer" means a person who is required to withhold taxes out of payments of personal earnings made to a judgment debtor.
(2) "Personal earnings" means money, or any other consideration or thing of value, that is paid or due to a person in exchange for work, labor, or personal services provided by the person to an employer.
(3) "Judgment creditor" means a person who has obtained a judgment in a civil action against another person.
(4) "Judgment debtor" means a person against whom a judgment has been obtained in a civil action.
(5) "Support order" has the same meaning as in section 3119.01 of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2716 | Garnishment › Section 2716.04 | Proof of Service of Written Demand.

Effective:
August 29, 2000
Latest Legislation:
House Bill 294 - 123rd General Assembly
The affidavit required by section 2716.03 of the Revised Code in a proceeding for garnishment of personal earnings shall be accompanied by the return receipt requested for the written demand made pursuant to section 2716.02 of the Revised Code, the unclaimed letter, or a photographic or other direct image copy of the receipt or letter if the demand was sent by certified mail, return receipt requested; by proof of service by the court of the demand; or by a properly completed and stamped certificate of mailing by regular mail, a photographic or other direct image copy of the demand, and a sworn statement that it was sent by regular mail. The clerk shall serve a copy of the affidavit on the garnishee.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2716 | Garnishment › Section 2716.09 | Modifying and Interrupting the Processing of an Order of Garnishment of Personal Earnings.

Effective:
August 29, 2000
Latest Legislation:
House Bill 294 - 123rd General Assembly
(A) Except as otherwise provided in this section, a municipal or county court or court of common pleas does not have jurisdiction to modify and interrupt the processing of an order of garnishment of personal earnings that that court issued in a proceeding in garnishment of personal earnings under this chapter unless all of the following apply:
(1) The judgment creditor and the judgment debtor associated with that order jointly apply to that court for the modification and interruption.
(2) That judgment creditor and judgment debtor jointly agree that the amount of the judgment debtor's personal disposable earnings that is required to be withheld during each pay period under that court's order should be modified to a mutually agreed upon and specified amount and that the garnishee should withhold that specified amount until the judgment in favor of the judgment creditor and the associated court costs, judgment interest, and, if applicable, prejudgment interest awarded to the judgment creditor have been paid in full or until that court's order otherwise ceases to remain in effect under division (C)(1) of section 2716.041 of the Revised Code.
(3) That court enters an order that approves of the modification described in division (A)(2) of this section and causes a copy of that order to be served upon the garnishee in the same manner as process is served.
(B) A judgment creditor or judgment creditor's attorney may request that the clerk of the court that issued an order of garnishment of personal earnings disburse the garnishment proceeds on a less frequent basis than is otherwise provided by this chapter. Upon receiving the request, the clerk may elect to disburse the garnishment proceeds on a time schedule other than that as provided by this chapter.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2716 | Garnishment › Section 2716.11 | Garnishment of Property, Other Than Personal Earnings of Judgment Debtor.

Effective:
September 30, 2008
Latest Legislation:
Senate Bill 281 - 127th General Assembly
A proceeding for garnishment of property, other than personal earnings, may be commenced after a judgment has been obtained by a judgment creditor by the filing of an affidavit in writing made by the judgment creditor or the judgment creditor's attorney setting forth all of the following:
(A) The name of the judgment debtor whose property the judgment creditor seeks to garnish;
(B) A description of the property;
(C) The name and address of the garnishee who may have in the garnishee's hands or control money, property, or credits, other than personal earnings, of the judgment debtor.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2716 | Garnishment › Section 2716.12 | Garnishee's Fee.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
The affidavit required by section 2716.11 of the Revised Code in a proceeding for garnishment of property, other than personal earnings, shall be accompanied by one dollar as the garnishee's fee for compliance with the order, no part of which shall be charged as court costs.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.01 | Definitions.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
As used in this chapter:
(A) "Application" means, as context requires, an application under section 2717.02, 2717.04, or 2717.13 of the Revised Code.
(B) "Applicant" means, as context requires, a person who makes the filing under section 2717.02 or 2717.04 of the Revised Code, or the minor on whose behalf a filing is made under section 2717.13 of the Revised Code.
(C) "Conform" means to make a person's legal name consistent in all official identity documents by correcting a misspelling, inconsistency, or other error in an official identity document.
(D) "Official identity document" means a birth record, marriage record, divorce decree, driver's license, state issued identification card, social security card with the social security number redacted, passport, or any other official government-issued document required or commonly used to verify a person's identity.
(E) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
Last updated August 17, 2021 at 4:00 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.02 | Application for Change of Name Allowed.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
A person desiring to change the person's name may file an application in the probate court of the county in which the person resides.
Last updated May 21, 2021 at 10:04 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.03 | Contents of Application for Change of Name.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
Subject to sections 2717.07 and 2717.19 of the Revised Code, an application for a change of name shall set forth all of the following:
(A) That the applicant has been a bona fide resident of the county for at least sixty days prior to the filing of the application.
(B) The reason for which the change of name is sought.
(C) The requested new name.
Last updated May 21, 2021 at 10:05 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.04 | Application to Conform Legal Name Allowed.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
A person desiring to conform the person's legal name on an official identity document may file an application in the probate court of the county in which the person resides.
Last updated May 21, 2021 at 10:05 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.05 | Contents of Application to Conform Legal Name.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
Subject to sections 2717.07 and 2717.19 of the Revised Code, an application to conform a legal name shall set forth all of the following:
(A) That the applicant has been a bona fide resident of the county where the applicant is filing for at least sixty days prior to the filing of the application.
(B) An explanation of the misspelling, inconsistency, or other error in the name.
(C) A description of the correction sought to conform the name on all official identity documents.
Last updated May 21, 2021 at 10:06 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.06 | Supporting Affidavit.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
(A) An application shall be supported by an affidavit verifying all of the following:
(1) The applicant's residency in the county for a period of at least sixty days;
(2) That the application is not made for the purpose of evading any creditors or other obligations;
(3) That the applicant is not a debtor in any currently pending bankruptcy proceeding;
(4) That all of the documentary evidence submitted under section 2717.07 of the Revised Code with the application is true, accurate, and complete;
(5) Any other information the court may require.
(B) The affidavit supporting a legal name change application shall also verify that the applicant has not been convicted of, pleaded guilty to, or been adjudicated a delinquent child for identity fraud or does not have a duty to comply with section 2950.04 or 2950.041 of the Revised Code because the applicant was convicted of, pleaded guilty to, or was adjudicated a delinquent child for having committed a sexually oriented offense or a child-victim oriented offense.
Last updated May 21, 2021 at 10:06 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.07 | Evidence of Identity.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
A probate court by local rule or order may require an applicant to submit a copy of any or all of the applicant's official identity documents or other documentary evidence relating to the applicant's identity that the court deems relevant to the application.
Last updated May 21, 2021 at 10:07 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.08 | Hearing.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
The probate court may hold a hearing on an application. Except as provided in sections 2717.11 and 2717.14 of the Revised Code, if the court requires a hearing, it shall set the manner, scope, and content of the hearing notice the applicant must serve.
Last updated May 21, 2021 at 10:09 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.09 | Court Order.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
Except as provided under section 2717.16 of the Revised Code, upon proof that the facts set forth in the application show reasonable and proper cause for changing the name of the applicant and, if applicable, upon proof that proper notice was served, the court may order the change of name.
Last updated May 21, 2021 at 10:09 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.10 | Misspelling, Inconsistency, or Other Error.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
Upon proof that the facts set forth in the application show that a misspelling, inconsistency, or other error of the applicant's legal name on an official identity document exists, and that reasonable and proper cause exists for issuing an order that resolves the discrepancy and conforms the applicant's legal name, the court may issue an order to conform the name of the person.
Last updated May 21, 2021 at 10:13 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.11 | Sealing Records.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
If an applicant submits to the court, along with the application, satisfactory proof that open records of the name change or conformity, or publication of the hearing notice under section 2717.08 of the Revised Code, would jeopardize the applicant's personal safety, both of the following apply:
(A) The court shall waive the hearing notice requirement.
(B) If the court orders the change of name under section 2717.09 of the Revised Code or the name conformity under section 2717.10 of the Revised Code, the court shall order the records of the proceeding to be sealed and to be opened only by order of the court for good cause shown or at the request of the applicant for any reason.
Last updated May 21, 2021 at 10:14 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.13 | Application to Change or Conform Allowed on Behalf of Minor.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
An application for change of name under section 2717.02 of the Revised Code or to conform a name under section 2717.04 of the Revised Code may be made on behalf of a minor by either of the minor's parents, a legal guardian, a legal custodian, or a guardian ad litem.
Last updated May 21, 2021 at 10:14 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.14 | Application on Behalf of Minor.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
(A) When an application is made on behalf of a minor, in addition to the proof required under sections 2717.03 or 2717.05 of the Revised Code and, if applicable, proof of the notice given under section 2717.08 of the Revised Code, the consent of both living, legal parents of the minor shall be filed, or notice of the hearing shall be given to the parent or parents not consenting by certified mail, return receipt requested.
(B) If there is no known father of the minor, the notice shall be given to the person who the mother of the minor alleges to be the father.
(C) If no father is so alleged, or if either parent or the address of either parent is unknown, notice by publication in a newspaper of general circulation in the county at least thirty days before the hearing shall be sufficient as to the father or parent.
(D) Any additional notice required by this section may be waived in writing by any person entitled to the notice.
Last updated May 21, 2021 at 10:14 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.16 | Change of Name Prohibited.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
(A) The court shall not order a change of name under section 2717.09 of the Revised Code if the person applying for a change of name has a duty to comply with section 2950.04 or 2950.041 of the Revised Code because the applicant was convicted of, pleaded guilty to, or was adjudicated a delinquent child for having committed a sexually oriented offense or a child-victim oriented offense.
(B) The court shall not order a change of name under section 2717.09 of the Revised Code if the person applying for a change of name has pleaded guilty to, been convicted of, or been adjudicated a delinquent child for committing a violation of section 2913.49 of the Revised Code unless the guilty plea, conviction, or adjudication has been reversed on appeal.
Last updated May 21, 2021 at 10:15 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.18 | Action to Conform Legal Name Prohibited.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
An action to conform the legal name of a person under section 2717.04 of the Revised Code shall not be permitted in lieu of either of the following:
(A) Correction of a birth record under section 3705.15 of the Revised Code;
(B) Changing a legal name to a name that is not used in any existing official identity documents.
Last updated May 21, 2021 at 10:16 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2717 | Change of Name › Section 2717.19 | Criminal Records Check.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
(A) On receipt of an application, the probate court may order a criminal records check.
(B) Any fee required for the criminal records check shall be paid by the applicant.
Last updated May 21, 2021 at 10:16 AM
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2719 | Correction of Defects in Instruments or Proceedings › Section 2719.01 | Intention of Parties.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When there is an omission, defect, or error in an instrument in writing or in a proceeding by reason of the inadvertence of an officer, or of a party, person, or body corporate, so that it is not in strict conformity with the laws of this state, the courts of this state may give full effect to such instrument or proceeding, according to the true, manifest intention of the parties thereto.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2719 | Correction of Defects in Instruments or Proceedings › Section 2719.02 | Certain Errors, Defects, and Omissions May Be Corrected.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an error, omission, or defect as described in section 2719.01 of the Revised Code occurs in an instrument or proceeding which is required to be made a matter of record, a party, person, body corporate, or persons intending and undertaking to become a body corporate, having or claiming an interest in the correction of such error, omission, or defect, may file a petition in the court of common pleas, setting forth particularly the error, defect, or omission complained of, and asking an order for its correction.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2719 | Correction of Defects in Instruments or Proceedings › Section 2719.03 | Petition to Be Filed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the record to be corrected is in any way connected with a body corporate, the petition mentioned in section 2719.02 of the Revised Code shall be filed in the county wherein the principal office of such corporation is located, and in all other cases, in the county wherein the record is kept.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2719 | Correction of Defects in Instruments or Proceedings › Section 2719.04 | Service.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the application provided for in section 2719.02 of the Revised Code is made by a body corporate, or by persons intending and undertaking to become such, notice of the application, specifying the error, defect, or omission complained of, and the time and place of hearing it, shall be published for six consecutive weeks in some newspaper of general circulation in the county where the application is made. In all other cases, service shall be made in the manner prescribed by law for making service in civil actions.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2719 | Correction of Defects in Instruments or Proceedings › Section 2719.05 | Order to Correct Error.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon being satisfied that the mistake, error, or omission set forth in the application under section 2719.02 of the Revised Code was made, the court of common pleas shall make an order to correct it, which order shall be filed in the office wherein such record is required to be kept. From and after such filing, such record, and the order correcting it, shall be received as evidence in all cases, in all courts, as if no such error, omission, or defect ever existed.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2719 | Correction of Defects in Instruments or Proceedings › Section 2719.06 | Court May Correct Errors in Deed Involving Husband and Wife.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The court of common pleas may correct, amend, and relieve against errors, defects, or mistakes occurring in the deed or other conveyance of a husband and wife, executed and intended to convey or encumber the lands or estate of the wife, or her right of dower in the lands of her husband, in the manner and to the extent that such courts are authorized to correct errors, mistakes, or defects in the deeds or conveyances of other persons.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2721 | Declaratory Judgments › Section 2721.01 | Person Defined.

Effective:
September 24, 1999
Latest Legislation:
House Bill 58 - 123rd General Assembly
As used in this chapter, "person" means any person, partnership, joint-stock company, unincorporated association, society, municipal corporation, or other corporation.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2721 | Declaratory Judgments › Section 2721.02 | Force and Effect of Declaratory Judgments - Action or Proceeding Against Insurer.

Effective:
September 24, 1999
Latest Legislation:
House Bill 58 - 123rd General Assembly
(A) Subject to division (B) of this section, courts of record may declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding is open to objection on the ground that a declaratory judgment or decree is prayed for under this chapter. The declaration may be either affirmative or negative in form and effect. The declaration has the effect of a final judgment or decree.
(B) A plaintiff who is not an insured under a particular policy of liability insurance may not commence against the insurer that issued the policy an action or proceeding under this chapter that seeks a declaratory judgment or decree as to whether the policy's coverage provisions extend to an injury, death, or loss to person or property that a particular insured under the policy allegedly tortiously caused the plaintiff to sustain or caused another person for whom the plaintiff is a legal representative to sustain, until a court of record enters in a distinct civil action for damages between the plaintiff and that insured as a tortfeasor a final judgment awarding the plaintiff damages for the injury, death, or loss to person or property involved.
(C) In an action or proceeding for declaratory relief that a judgment creditor commences in accordance with divisions (A) and (B) of this section against an insurer that issued a particular policy of liability insurance, the insurer has and may assert as an affirmative defense against the judgment creditor any coverage defenses that the insurer possesses and could assert against the holder of the policy in an action or proceeding under this chapter between the holder and the insurer.
If, prior to the judgment creditor's commencement of the action or proceeding for declaratory relief, the holder of the policy commences a similar action or proceeding against the insurer for a determination as to whether the policy's coverage provisions extend to the injury, death, or loss to person or property underlying the judgment creditor's judgment, and if the court involved in that action or proceeding enters a final judgment with respect to the policy's coverage or noncoverage of that injury, death, or loss, that final judgment shall be deemed to also have binding legal effect upon the judgment creditor for purposes of the judgment creditor's action or proceeding for declaratory relief against the insurer. This division shall apply notwithstanding any contrary common law principles of res judicata or adjunct principles of collateral estoppel.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2721 | Declaratory Judgments › Section 2721.03 | Construction or Validity of Instrument or Legal Provision.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
Subject to division (B) of section 2721.02 of the Revised Code, any person interested under a deed, will, written contract, or other writing constituting a contract or any person whose rights, status, or other legal relations are affected by a constitutional provision, statute, rule as defined in section 119.01 of the Revised Code, municipal ordinance, township resolution, contract, or franchise may have determined any question of construction or validity arising under the instrument, constitutional provision, statute, rule, ordinance, resolution, contract, or franchise and obtain a declaration of rights, status, or other legal relations under it.
The testator of a will may have the validity of the will determined at any time during the testator's lifetime pursuant to Chapter 5817. of the Revised Code. The settlor of a trust may have the validity of the trust determined at any time during the settlor's lifetime pursuant to Chapter 5817. of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2721 | Declaratory Judgments › Section 2721.04 | Contract.

Effective:
September 24, 1999
Latest Legislation:
House Bill 58 - 123rd General Assembly
Subject to division (B) of section 2721.02 of the Revised Code, a contract may be construed by a declaratory judgment or decree either before or after there has been a breach of the contract.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2721 | Declaratory Judgments › Section 2721.05 | Determination of Rights or Legal Relations.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
As used in this section, "incompetent person" means a person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of an intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide.
Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, an incompetent person, or an insolvent person, may have a declaration of rights or legal relations in respect thereto in any of the following cases:
(A) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;
(B) To direct the executors, administrators, trustees, or other fiduciaries to do or abstain from doing any particular act in their fiduciary capacity;
(C) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2721 | Declaratory Judgments › Section 2721.06 | Powers Not Restricted.

Effective:
September 24, 1999
Latest Legislation:
House Bill 58 - 123rd General Assembly
Sections 2721.03 to 2721.05 of the Revised Code do not limit or restrict the exercise of the general powers conferred by division (A) of section 2721.02 of the Revised Code in any action or proceeding in which declaratory relief is sought under this chapter and in which a judgment or decree will terminate the controversy or remove an uncertainty.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2721 | Declaratory Judgments › Section 2721.07 | Court May Refuse Judgment.

Effective:
September 24, 1999
Latest Legislation:
House Bill 58 - 123rd General Assembly
Courts of record may refuse to render or enter a declaratory judgment or decree under this chapter if the judgment or decree would not terminate the uncertainty or controversy giving rise to the action or proceeding in which the declaratory relief is sought.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2721 | Declaratory Judgments › Section 2721.08 | Appeals.

Effective:
September 24, 1999
Latest Legislation:
House Bill 58 - 123rd General Assembly
All judgments and decrees under this chapter may be reviewed on appeal as are other judgments and decrees of the court of record involved.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2721 | Declaratory Judgments › Section 2721.09 | Further Relief Granted.

Effective:
September 24, 1999
Latest Legislation:
House Bill 58 - 123rd General Assembly
Subject to section 2721.16 of the Revised Code, whenever necessary or proper, a court of record may grant further relief based on a declaratory judgment or decree previously granted under this chapter. The application for the further relief shall be by a complaint filed in a court of record with jurisdiction to grant the further relief. If the application is sufficient, the court, on reasonable notice, shall require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why the further relief should not be granted forthwith.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2721 | Declaratory Judgments › Section 2721.10 | Determination of Issues of Fact.

Effective:
September 24, 1999
Latest Legislation:
House Bill 58 - 123rd General Assembly
When an action or proceeding in which declaratory relief is sought under this chapter involves the determination of an issue of fact, that issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the action or proceeding is pending.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2721 | Declaratory Judgments › Section 2721.11 | Costs.

Effective:
September 24, 1999
Latest Legislation:
House Bill 58 - 123rd General Assembly
In any action or proceeding in which declaratory relief is sought under this chapter, the court may make an award of court costs as is equitable and just.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2721 | Declaratory Judgments › Section 2721.12 | Declaratory Judgment Procedure.

Effective:
September 24, 1999
Latest Legislation:
House Bill 58 - 123rd General Assembly
(A) Subject to division (B) of this section, when declaratory relief is sought under this chapter in an action or proceeding, all persons who have or claim any interest that would be affected by the declaration shall be made parties to the action or proceeding. Except as provided in division (B) of this section, a declaration shall not prejudice the rights of persons who are not made parties to the action or proceeding. In any action or proceeding that involves the validity of a municipal ordinance or franchise, the municipal corporation shall be made a party and shall be heard, and, if any statute or the ordinance or franchise is alleged to be unconstitutional, the attorney general also shall be served with a copy of the complaint in the action or proceeding and shall be heard. In any action or proceeding that involves the validity of a township resolution, the township shall be made a party and shall be heard.
(B) A declaratory judgment or decree that a court of record enters in an action or proceeding under this chapter between an insurer and a holder of a policy of liability insurance issued by the insurer and that resolves an issue as to whether the policy's coverage provisions extend to an injury, death, or loss to person or property that an insured under the policy allegedly tortiously caused shall be deemed to have the binding legal effect described in division (C)(2) of section 3929.06 of the Revised Code and to also have binding legal effect upon any person who seeks coverage as an assignee of the insured's rights under the policy in relation to the injury, death, or loss involved. This division applies whether or not an assignee is made a party to the action or proceeding for declaratory relief and notwithstanding any contrary common law principles of res judicata or adjunct principles of collateral estoppel.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2721 | Declaratory Judgments › Section 2721.14 | Interpretation.

Effective:
September 24, 1999
Latest Legislation:
House Bill 58 - 123rd General Assembly
The provisions of this chapter shall be so interpreted and construed as to effectuate their general purpose to make the law of this state uniform with the law of those states that enact similar provisions and to harmonize, insofar as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2721 | Declaratory Judgments › Section 2721.15 | Independent Sections.

Effective:
September 24, 1999
Latest Legislation:
House Bill 58 - 123rd General Assembly
With the exception of sections 2721.02 and 2721.03 of the Revised Code, the provisions of this chapter are independent and severable, and the invalidity of any part of those provisions does not affect or render the remainder of those provisions invalid or inoperative.