Ohio Revised Code Search
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Section 2721.04 | Contract.
... may be construed by a declaratory judgment or decree either before or after there has been a breach of the contract. |
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Section 2721.05 | Determination of rights or legal relations.
...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... |
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Section 2721.06 | Powers not restricted.
... 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. |
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Section 2721.07 | Court may refuse judgment.
...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. |
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Section 2721.08 | Appeals.
...All judgments and decrees under this chapter may be reviewed on appeal as are other judgments and decrees of the court of record involved. |
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Section 2721.09 | Further relief granted.
...n 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. |
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Section 2721.10 | Determination of issues of fact.
...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. |
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Section 2721.11 | Costs.
...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. |
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Section 2721.12 | Declaratory judgment procedure.
...lso 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... |
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Section 2721.13 | Liberal construction of chapter.
...The provisions of this chapter are remedial and shall be liberally construed and administered. |
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Section 2721.14 | Interpretation.
...d 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. |
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Section 2721.15 | Independent sections.
...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. |
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Section 2721.16 | Award of attorney's fees.
... a civil action or proceeding based on common law grounds rather than a statutory authorization of the general assembly, regardless of the date upon which a cause of action accrued that pertains to an action or proceeding in which declaratory relief is sought under this chapter, and regardless of who is the plaintiff or the defendant in an action or proceeding in which declaratory relief is sought under this chapter,... |
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Section 2721.21 | Action for registry listing where childhood sexual abuse action barred.
...1) "Defendant" means a person against whom an individual believes that, but for the expiration of the limitation period for the cause of action under section 2305.111 of the Revised Code, the individual would have a cause of action for assault or battery based on childhood sexual abuse. (2) "Prosecuting attorney" means the prosecuting attorney of the county in which the defendant resides or, if the defendant does no... |
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Section 2723.01 | Jurisdiction of courts of common pleas.
...Courts of common pleas may enjoin the illegal levy or collection of taxes and assessments and entertain actions to recover them when collected, without regard to the amount thereof, but no recovery shall be had unless the action is brought within one year after the taxes or assessments are collected. |
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Section 2723.02 | Parties to actions to enjoin levy.
...Actions to enjoin the illegal levy of taxes and assessments must be brought against the corporation or person for whose use and benefit the levy is made. If the levy would go upon the county duplicate, the county auditor must be joined in the action. |
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Section 2723.03 | Parties to actions to enjoin collection of taxes or to recover taxes.
...rson whose estate he represents, at the time of paying such taxes or assessments, filed a written protest as to the portion sought to be recovered, specifying the nature of his claim as to the illegality thereof, together with notice of his intention to sue under sections 2723.01 to 2723.05, inclusive, of the Revised Code, such action shall not be dismissed on the ground that the taxes or assessments, sought to be r... |
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Section 2723.04 | Amount admitted must be tendered - bond.
...If the plaintiff in an action to enjoin the collection of taxes or assessments admits that a part thereof was legally levied, he first must pay or tender the sum admitted to be due. When an injunction is allowed, bond must be given as in other cases. The injunction shall be a justification of the officers charged with the collection of such taxes or assessments for not collecting them. |
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Section 2723.05 | Refunding an illegal tax or assessment.
...d such judgment or order is not made in time to prevent the collection or payment of such tax or assessment, then such tax or assessment or such part thereof as is at the time of such judgment or order unexpended and in the possession of the officer collecting the same shall be refunded to the person paying such tax or assessment by the officer having the same in his possession. |
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Section 2725.01 | Persons entitled to writ of habeas corpus.
...nlawfully restrained of his liberty, or entitled to the custody of another, of which custody such person is unlawfully deprived, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment, restraint, or deprivation. |
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Section 2725.02 | Courts authorized to grant writ.
...reme court, court of appeals, court of common pleas, probate court, or by a judge of any such court. |
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Section 2725.03 | Jurisdiction for production or discharge of inmate of institution.
... in charge at the state institution to compel the production or discharge of an inmate thereof is void. |
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Section 2725.04 | Application for writ.
...for whose relief it is intended, or by some person for him, and shall specify: (A) That the person in whose behalf the application is made is imprisoned, or restrained of his liberty; (B) The officer, or name of the person by whom the prisoner is so confined or restrained; or, if both are unknown or uncertain, such officer or person may be described by an assumed appellation and the person who is served with the wr... |
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Section 2725.05 | Writ not allowed.
...or magistrate, or by virtue of the judgment or order of a court of record, and that the court or magistrate had jurisdiction to issue the process, render the judgment, or make the order, the writ of habeas corpus shall not be allowed. If the jurisdiction appears after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the process, judgment, or order. |
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Section 2725.06 | Writ must be granted.
...When a petition for a writ of habeas corpus is presented, if it appears that the writ ought to issue, a court or judge authorized to grant the writ must grant it forthwith. |