Ohio Revised Code Search
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Section 5305.19 | Inquest of competence.
...committee provided for in section 5305.18 of the Revised Code unanimously reports that the person having a contingent or vested right of dower, in its opinion, is a permanently incompetent person, the court of common pleas shall appoint three judicious freeholders to appraise the real estate described in the petition mentioned in said section, whether or not such real estate is in one or several counties. Such ... |
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Section 5305.20 | Proceedings on report of inquest of competence.
...the report provided for in section 5305.19 of the Revised Code is filed, the court of common pleas may direct the petitioner, by a sufficient deed of conveyance, to convey to the incompetent person, to be held by such person in fee, such proportion of the real estate described in the petition as seems just, or the court may assign to such incompetent person, to be held by the incompetent person during life, after ... |
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Section 5305.21 | Dower of incompetent person may be barred.
...ded with as prescribed in sections 5305.18 to 5305.20 of the Revised Code, except that instead of ordering the petitioner to sell the real estate or to convey or assign to such incompetent person any part of it, the court shall direct the petitioner to make such investment as is provided in section 5305.20 of the Revised Code, or require the petitioner to secure the amount to the use of the incompetent person by... |
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Section 5305.22 | Real estate may be conveyed free from dower if spouse incompetent.
...er" has the same meaning as in section 5122.01 of the Revised Code. |
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Section 5307.01 | Persons compelled to partition.
...n thereof as provided in sections 5307.01 to 5307.25 of the Revised Code. |
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Section 5307.02 | Place of partition proceedings.
...When the estate is situated in one county, the proceedings for partition shall be had in that county. When the estate is situated in two or more counties, such proceedings may be had in any county in which a part of such estate is situated. |
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Section 5307.03 | Filing of petition - contents.
...A person entitled to partition of an estate may file his petition therefor in the court of common pleas, setting forth the nature of his title, a pertinent description of the lands, tenements, or hereditaments of which partition is demanded, and naming each tenant in common, coparcener, or other person interested therein, as defendant. When the title to such estate came to such person by descent or devise upon the d... |
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Section 5307.04 | Order of partition.
...If the court of common pleas finds that the plaintiff in an action for partition has a legal right to any part of the estate, it shall order partition of the estate in favor of the plaintiff or all interested parties, appoint one suitable disinterested person to be the commissioner to make the partition, and issue a writ of partition. The court on its own motion may, and upon motion of a party or any other interested... |
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Section 5307.041 | Share of survivorship tenants.
...If partition is granted among survivorship tenants, the court shall determine the share to which each is entitled as if the tenants were tenants in common. |
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Section 5307.05 | Writ of partition.
...A writ of partition issued under section 5307.04 of the Revised Code may be directed to the sheriff of any of the counties in which any part of the estate lies and shall command the sheriff that, by the oaths of the commissioner or commissioners, the sheriff shall cause to be set off and divided to the plaintiff or each interested party, whatever part and proportion of the estate as the court of common pleas orders. ... |
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Section 5307.06 | Duty of commissioners in making partition.
...nd platted in compliance with sections 711.001 to 711.15 of the Revised Code and with rules adopted pursuant to those sections. |
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Section 5307.07 | Partition of multiple tracts.
...nd platted in compliance with sections 711.001 to 711.15 of the Revised Code and with rules adopted pursuant to those sections. |
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Section 5307.08 | Amicable partition.
...nd platted in compliance with sections 711.001 to 711.15 of the Revised Code and with rules adopted pursuant to those sections. |
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Section 5307.09 | Proceedings where estate cannot be divided without loss of value.
...securing it as provided in section 5307.10 of the Revised Code. |
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Section 5307.10 | Terms of payment when estate taken by party - execution of conveyance.
...If one or more of the parties in the action for partition elects to take the estate at the appraised value, unless on good cause shown by special order the court of common pleas directs the entire payment to be made in cash, or all the parties in interest agree thereon, the terms of payment shall be one third cash, one third in one year, and one third in two years, with interest, the deferred payments to be secured t... |
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Section 5307.11 | Sale of estate when no election made.
...d who is qualified under section 4707.021 of the Revised Code to conduct an auction of real property. |
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Section 5307.12 | Conduct of sale - terms.
... A sale of an estate under section 5307.11 of the Revised Code shall be made as follows: (1) If the sale is made by a sheriff, the sale shall be made at the door of the courthouse, unless for good cause the court of common pleas directs it to be made on the premises. The sale shall be conducted as upon execution, except that it is unnecessary to appraise the estate. (2) If the sale is made by a licensed auct... |
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Section 5307.13 | Confirmation of sale and execution of conveyance.
...On the return of the proceedings to sell the estate, the court of common pleas shall examine them. If a sale has been made, and the court approves it, the sheriff shall execute and deliver a deed to the purchaser on receiving payment of the consideration money, or taking sufficient security for that payment, to the satisfaction of the court. |
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Section 5307.14 | Distribution of proceeds; auctioneer's compensation and reimbursement for expenses; sheriff's liability.
...expenses as described in section 2335.021 of the Revised Code, that the court shall apportion as costs to the parties as the court finds reasonable and proper. (C) All receipts of money or securities by the sheriff arising from a sale or election are in the sheriff's official capacity, and the sureties on the sheriff's official bond are liable for any misapplication of those receipts. |
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Section 5307.15 | Proceedings when estate has been once offered and not sold.
...When the estate has been offered once and not sold, alias writs for its sale may issue as often as need be. The court of common pleas may order a revaluation by up to three suitable disinterested persons and direct a sale of the estate at not less than two thirds of the revaluation, or, if deemed for the interest of the parties, the court may order a sale without a revaluation, at not less than a sum it fixes. |
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Section 5307.16 | Execution and delivery by sheriff or officer performing duties of sheriff where property not conveyed.
...If an officer or auctioneer has not conveyed land sold or elected to be taken in a proceeding for partition, the court of common pleas on being first satisfied that such sale or election was regularly made, and that the purchase money has been fully paid or secured, on motion, may order the sheriff of the county, or officer performing the duties of sheriff, to execute and deliver to the purchaser, or person ele... |
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Section 5307.17 | Dower assigned to widow - exceptions.
...state, except in the following cases: (1) When an assignment of dower already has been made; (2) When, by answer, she has elected to be endowed out of the proceeds of a sale of the estate, and the commissioner or commissioners do not make partition but return a valuation of it; (3) When the right of dower extends only to an undivided interest in the estate. (B) In cases in which the right of dower extends only to... |
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Section 5307.18 | Commissioners to set off dower.
... dower in the estate under section 5307.17 of the Revised Code. In the performance of that duty, the commissioner or commissioners shall be governed by, and the proceedings shall conform to, sections 5305.01 to 5305.22 of the Revised Code. |
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Section 5307.19 | Power of guardian to act for ward in partition.
...such ward could do under sections 5307.01 to 5307.25 of the Revised Code, if the ward were of age and of sound mind. On behalf of such ward, the guardian may elect to take the estate, when it cannot be divided without injury, and make payments therefor on the ward's behalf. |
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Section 5307.20 | Powers of foreign guardian.
...son is authorized to do by section 5307.19 of the Revised Code. |
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Section 2151.99 | Penalty.
...(A)(1) Except as otherwise provided in division (A)(2) of this section, whoever violates division (D)(2) or (3) of section 2151.313 or division (A)(4) or (I)(2) of section 2151.421 of the Revised Code is guilty of a misdemeanor of the fourth degree. (2) Whoever violates division (A)(4) of section 2151.421 of the Revised Code knowing that a child has been abused or neglected and knowing that the person who committed ... |
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Section 2152.21 | Dispositions for child adjudicated juvenile traffic offender.
... the following orders of disposition: (1) Impose costs and one or more financial sanctions in accordance with section 2152.20 of the Revised Code; (2) Suspend the child's driver's license, probationary driver's license, or temporary instruction permit for a definite period not exceeding two years or suspend the registration of all motor vehicles registered in the name of the child for a definite period not exceedi... |
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Section 2152.84 | Hearing to review effectiveness of disposition and of any treatment.
...(A)(1) When a juvenile court judge issues an order under section 2152.82 or division (A) or (B) of section 2152.83 of the Revised Code that classifies a delinquent child a juvenile offender registrant and specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, upon completion of the disposition of that child made for the sexually oriented offense or... |
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Section 2303.12 | Records to be kept by clerk; online access.
...(A) As used in this section: (1) "Case file" means the compendium of original documents filed in a civil or criminal action or proceeding in the court of common pleas, including the pleadings, motions, orders, and judgments of the court on a case by case basis. (2) "General docket" means the appearance docket, trial docket, journal, execution docket, and case files in relation to those dockets and journal. (B) ... |
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Section 2305.111 | Assault or battery actions - childhood sexual abuse.
...(A) As used in this section: (1) "Childhood sexual abuse" means any conduct that constitutes any of the violations identified in division (A)(1)(a) or (b) of this section and would constitute a criminal offense under the specified section of the Revised Code, if the victim of the violation is at the time of the violation a child under eighteen years of age or a child with a developmental disability or physical imp... |
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Section 2305.117 | Action upon a legal malpractice claim.
...nsound mind as provided by section 2305.16 of the Revised Code, and except as provided in divisions (C) and (D) of this section, both of the following apply: (1) No action upon a legal malpractice claim against an attorney or a law firm or legal professional association shall be commenced more than four years after the occurrence of the act or omission constituting the alleged basis of the legal malpractice claim. ... |
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Section 2305.25 | Peer review committee definitions.
...sed in this section and sections 2305.251 to 2305.253 of the Revised Code: (A)(1) "Health care entity" means an entity, whether acting on its own behalf or on behalf of or in affiliation with other health care entities, that conducts as part of its regular business activities professional credentialing or quality review activities involving the competence of, professional conduct of, or quality of care provid... |
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Section 2305.402 | Duties owed to trespassers.
...(A) As used in this section: (1) "Possessor of real property" means the owner, lessee, renter, or other occupant of real property. (2) "Tort action" means a civil action for damages for injury, death, or loss to person other than a civil action for damages for a breach of contract or another agreement between persons. (3) "Trespasser" means an individual who, without express or implied authorization, invitat... |
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Section 2307.93 | Asbestos claim - filing of evidence of physical impairment - challenge - administrative dismissal.
...(A)(1) The plaintiff in any tort action who alleges an asbestos claim shall file, within thirty days after filing the complaint or other initial pleading, a written report and supporting test results constituting prima-facie evidence of the exposed person's physical impairment that meets the minimum requirements specified in division (B), (C), or (D) of section 2307.92 of the Revised Code, whichever is applicable. Th... |
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Section 2313.06 | Annual compilation of jury source list.
...ccordance with both of the following: (1) ( a) Except as otherwise provided in division (A)(1) (b) of this section, on a date ordered by the court of common pleas, the board of elections for each county shall compile and file with the commissioners of jurors of the county a certified, current list containing the names, addresses, and dates of birth of all the electors of the county shown on the registration lists fo... |
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Section 2317.06 | Proving testimony of absent witness.
... witness was personally present. (B)(1) If it is necessary in a civil action before the court to procure the testimony of a person who is imprisoned in a workhouse, juvenile detention facility, jail, or state correctional institution within this state, or who is in the custody of the department of youth services, the court shall require that the person's testimony be taken by deposition pursuant to the Civil ... |
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Section 2317.43 | Medical liability action - admissibility of certain communications.
...(A) (1) In any civil action brought by an alleged victim of an unanticipated outcome of medical care or in any arbitration proceeding related to such a civil action, any and all statements, affirmations, gestures, or conduct expressing apology, sympathy, commiseration, condolence, compassion, error, fault, or a general sense of benevolence that are made by a health care provider, an employee of a health care provid... |
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Section 2323.451 | Affidavits of merit; discovery; joinder.
...(A)(1) As used in this section, "medical claim" has the same meaning as in section 2305.113 of the Revised Code. (2) This section may be used in lieu of, and not in addition to, division (B)(1) of section 2305.113 of the Revised Code. (B) At the time of filing a complaint asserting a medical claim, the plaintiff shall file with the complaint, pursuant to rule 10(D) of the Rules of Civil Procedure, an affidavit of... |
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Section 2329.153 | Official public sheriff sale web site; integrated auction management system.
...t the following minimum requirements: (1) The web site shall have a domain name relevant to the judicial sale of real property. (2) The web site shall be limited to the judicial sale of real property located in this state. (3) The web site shall not charge a fee for members of the public to view properties for sale. (4) The web site shall allow each county sheriff to add text, images, or graphics to the web site ... |
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Section 2701.03 | Disqualification of common pleas judge - affidavit.
... disqualification filed under section 2101.39, 2501.13, 2701.031, or 2743.041 of the Revised Code or division (A) of this section shall be filed with the clerk of the supreme court not less than seven calendar days before the day on which the next hearing in the proceeding is scheduled and shall include all of the following: (1) The specific allegations on which the claim of interest, bias, prejudice, or disqu... |
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Section 2701.10 | Referrals for adjudication of civil actions or proceedings to retired judges.
...able to any person, upon request. (B)(1) The parties to any civil action or proceeding pending in any court of common pleas, municipal court, or county court unanimously may choose to have the action or proceeding in its entirety referred for adjudication, or to have any specific issue or question of fact or law in the action or proceeding submitted for determination, to a judge of their choosing who has registered... |
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Section 2712.69 | Confirmation or vacation of award.
...t the relief granted in the award. (B)(1) The court of common pleas shall grant an application to confirm the award without regard to the place of arbitration unless one of the grounds set forth in section 2712.70 of the Revised Code is established as an affirmative defense. If such an affirmative defense is established and the conditions of division (B)(2) of this section are met, the court shall vacate the award w... |
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Section 2715.045 | Issuing order of attachment without notice or hearing.
...d affidavit filed pursuant to section 2715.03 of the Revised Code and any other relevant evidence that it may wish to consider. (B) A finding by the court that the plaintiff will suffer irreparable injury may be made only if the court finds the existence of either of the following circumstances: (1) There is present danger that the property will be immediately disposed of, concealed, or placed beyond the jurisdic... |
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Section 2721.16 | Award of attorney's fees.
...(A)(1) A court of record shall not award attorney's fees to any party on a claim or proceeding for declaratory relief under this chapter unless any of the following applies: (a) A section of the Revised Code explicitly authorizes a court of record to award attorney's fees on a claim for declaratory relief under this chapter. (b) An award of attorney's fees is authorized by section 2323.51 of the Revised Code, by t... |
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Section 2743.19 | Enforcing and paying judgment and interest.
...irected to the appropriate official: (1) The clerk of the court of claims shall forward a certified copy of the judgment to the director of budget and management and the attorney general or the officer who signed the investigative report for the department, office, commission, board, agency, institution, or other instrumentality of the state against which a determination of liability has been made. If the judgment ... |
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Section 2743.191 | Reparations fund.
...(A)(1) There is hereby created in the state treasury the reparations fund, which shall be used only for the following purposes: (a) The payment of awards of reparations that are granted by the attorney general; (b) The compensation of any personnel needed by the attorney general to administer sections 2743.51 to 2743.72 of the Revised Code; (c) The compensation of witnesses as provided in division (J) of sec... |
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Section 2743.49 | Adjusting amount recoverable for wrongful imprisonment.
...(A)(1) In January of each odd-numbered year, the auditor of state, in accordance with this division and division (A)(2) of this section, shall adjust the actual dollar figure specified in division (E)(2)(b) of section 2743.48 of the Revised Code or the actual dollar amount determined pursuant to this section. The adjustment shall be based on the yearly average of the previous two years of the consumer price index for... |
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Section 2743.65 | Attorney fees - witness fees.
...senting a claimant under sections 2743.51 to 2743.72 of the Revised Code. The attorney shall submit on an application form an itemized fee bill at the rate of sixty dollars per hour upon receipt of the final decision on the claim. Attorney's fees paid pursuant to this section are subject to the following maximum amounts: (1) A maximum of seven hundred twenty dollars for claims resolved without the filing of an app... |
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Section 2901.05 | Burden of proof - reasonable doubt - self-defense.
... presented as described in division (B)(1) of this section, is upon the accused. (B)(1) A person is allowed to act in self-defense, defense of another, or defense of that person's residence. If, at the trial of a person who is accused of an offense that involved the person's use of force against another, there is evidence presented that tends to support that the accused person used the force in self-defense, defens... |
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Section 2903.13 | Assault.
... another or to another's unborn. (C)(1) Whoever violates this section is guilty of assault, and the court shall sentence the offender as provided in this division and divisions (C)(1), (2), (3), (4), (5), (6), (7), (8), (9), and (10) of this section. Except as otherwise provided in division (C)(2), (3), (4), (5), (6), (7), (8), or (9) of this section, assault is a misdemeanor of the first degree. (2) Except as ... |