Ohio Revised Code Search
Section |
---|
Section 2337.03 | Variation by agreement.
...made before or after commencement of an action or distribution proceeding or the entry of judgment. (B) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for ot... |
Section 2337.04 | Determining money of claim.
...he money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment. (B) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money: (1) Regularly used between the parties as a matter of usage or course of dealing; (2) Used at the time of a transaction in international trad... |
Section 2337.05 | Determining amount of money of certain contract claims.
...(A) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. (B) If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after defa... |
Section 2337.06 | Asserting and defending foreign money claim.
...(A) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars. (B) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant. (C) A person may assert a defense, set-off, recoupment, or counterclaim in any money without regard to the money of other... |
Section 2337.07 | Judgments and awards on foreign-money claims - times of money conversion - form of judgment.
...nt. (E) A judgment or award made in an action or distribution proceeding on both a defense, set-off, recoupment, or counterclaim and the adverse party's claim, must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used. (F) A judgment substantially in the following form complies with division (A) of this ... |
Section 2337.08 | Conversions of foreign money in distribution proceeding.
...The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated. |
Section 2337.09 | Pre-judgment and judgment interest.
...e rate of interest to be applied in the action or distribution proceeding, except as provided in division (B) of this section, are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this state. (B) The court or arbitrator shall increase or decrease the amount of prejudgment or preaward interest otherwise payable in a judgment or award in foreign money to the extent req... |
Section 2337.10 | Enforcement of foreign judgments.
...(A) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in section 2337.07 of the Revised Code, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars. (B) A foreign judgment may be filed in accordance wit... |
Section 2337.11 | Determining United States dollar value of foreign-money claims for limited purposes.
...forcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution, or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking, must be ascertained as provided in divisions (C) ... |
Section 2337.12 | Effect of currency revalorization.
...(A) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money. (B) If substitution under... |
Section 2337.13 | Supplementary general principles of law.
...nd the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes, supplement these sections. |
Section 2337.14 | Uniformity of application and construction.
...ubject of these sections among states enacting it. |
Section 2337.15 | Title and citation.
...ed as the "Uniform Foreign-Money Claims Act." |
Section 2710.01 | Definitions.
...any political subdivision of the state, public corporation, or any other legal or commercial entity. (G) "Proceeding" means either of the following: (1) A judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery; (2) A legislative hearing or similar process. (H) "Record" means information that is inscribed on a tangible m... |
Section 2710.02 | Application of chapter.
... made by a person that has not received actual notice of the agreement before the communication is made. |
Section 2710.03 | Mediation communications privileged.
...(A) Except as otherwise provided in section 2710.05 of the Revised Code, a mediation communication is privileged as provided in division (B) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided in section 2710.04 of the Revised Code. (B) In a proceeding, the following privileges apply: (1) A mediation party may refuse to disclose, and may p... |
Section 2710.04 | Waiver of privilege - privilege precluded.
...al an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under section 2710.03 of the Revised Code. |
Section 2710.05 | Exceptions to privilege - partial admission of nonprivileged communication.
...al an ongoing crime or ongoing criminal activity. (5) The mediation communication is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator. (6) Except as otherwise provided in division (C) of this section, the mediation communication is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed ... |
Section 2710.06 | Communication or disclosure by mediator.
..., or exploitation of an individual to a public agency responsible for protecting individuals against abuse, neglect, abandonment, or exploitation. (C) A communication made in violation of division (A) of this section shall not be considered by a court, administrative agency, or arbitrator. |
Section 2710.07 | Confidentiality of mediation communications.
...Except as provided in sections 121.22 and 149.43 of the Revised Code, mediation communications are confidential to the extent agreed by the parties or provided by other sections of the Revised Code or rules adopted under any section of the Revised Code. |
Section 2710.08 | Inquiry by proposed mediator - disclosures - qualifications - impartiality.
... determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; (2) Disclose any known fact described in division (A)(1) of this section to the mediation parties a... |
Section 2710.09 | Participation of party's attorney - withdrawal of mediator.
...An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded. A mediator may withdraw as mediator at any time. |
Section 2710.10 | Preemption of federal electronic signatures statute.
...natures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but sections 2710.01 to 2710.10 of the Revised Code shall not modify, limit, or supersede section 101(c) of that act or authorize electronic delivery of any of the notices described in section 103(b) of that act. |
Section 2729.01 | Restoration of probate court records.
...When the records, dockets, journals, and files, or any part thereof, of any probate court have been lost or destroyed by fire, riot, or civil commotion, the probate court of its own motion, or upon the application of any party interested therein, may order the restoration of the record of every lost or destroyed will, and probate thereof, from the original or a certified copy of such will and probate, and the restora... |
Section 2729.02 | Commissioner to take testimony - rules.
... taking testimony and ascertaining the facts with reference to their restoration as he deems necessary. If such records are lost by fire, riot, or civil commotion, such judge may appoint a commissioner to take testimony and report it with his findings thereon, in matters of their restoration. All such evidence shall be taken before such commissioner unless, upon the application of the parties, a reference is ordered... |