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Title 23 | Courts-Common Pleas
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Section 2323.42 | Motion and hearing to determine good faith of claim.

...(A) Upon the motion of any defendant in a civil action based upon a medical claim, dental claim, optometric claim, or chiropractic claim, the court shall conduct a hearing regarding the existence or nonexistence of a reasonable good faith basis upon which the particular claim is asserted against the moving defendant. The defendant shall file the motion not earlier than the close of discovery in the action and not lat...

Section 2323.421 | Medical liability action - out-of-state physician deemed licensed in Ohio to testify.

...A person licensed in another state to practice medicine, who testifies as an expert witness on behalf of any party in this state in any action against a physician for injury or death, whether in contract or tort, arising out of the provision of or failure to provide health care services, shall be deemed to have a temporary license to practice medicine in this state solely for the purpose of providing such testimony a...

Section 2323.43 | Limitation on compensatory damages that represent economic loss.

... (A) In a civil action upon a medical, dental, optometric, or chiropractic claim to recover damages for injury, death, or loss to person or property, all of the following apply: (1) There shall not be any limitation on compensatory damages that represent the economic loss of the person who is awarded the damages in the civil action. (2) Except as otherwise provided in division (A)(3) of this section, the amount o...

Section 2323.44 | Rights of subrogee.

... (A) As used in this section: (1) "Health care provider-sponsored organization" means an entity that is sponsored by hospitals, physician groups, other licensed health care providers, or any combination of hospitals, physician groups, or other licensed health care providers that are affiliated through common ownership or control and share financial risk for the purpose of delivering health care services. (2) "In...

Section 2323.45 | Medical liability action - affidavit of noninvolvement by health care provider - procedure.

...(A)(1) A health care provider named as a defendant in a civil action based upon a medical claim is permitted to file a motion with the court for dismissal of the claim accompanied by an affidavit of noninvolvement. The defendant shall notify all parties in writing of the filing of the motion. Prior to ruling on the motion, the court shall allow the parties not less than thirty days from the date that the parties were...

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 ...

Section 2323.46 | Fees on summons to another county.

...When a summons is issued to another county, it may be returned by mail, and the sheriff shall be entitled to the same fees as if it had issued in the county of which he is sheriff.

Section 2323.51 | Frivolous conduct in filing civil claims.

...(A) As used in this section: (1) "Conduct" means any of the following: (a) The filing of a civil action, the assertion of a claim, defense, or other position in connection with a civil action, the filing of a pleading, motion, or other paper in a civil action, including, but not limited to, a motion or paper filed for discovery purposes, or the taking of any other action in connection with a civil action; (b) The ...

Section 2323.52 | Civil action to declare person vexatious litigator.

... (A) As used in this section: (1) "Conduct" has the same meaning as in section 2323.51 of the Revised Code. (2) "Vexatious conduct" means conduct of a party in a civil action that satisfies any of the following: (a) The conduct obviously serves merely to harass or maliciously injure another party to the civil action. (b) The conduct is not warranted under existing law and cannot be supported by a good faith a...

Section 2323.55 | Future damages in medical malpractice actions.

...(A) As used in this section: (1) "Economic loss" means any of the following types of pecuniary harm: (a) All wages, salaries, or other compensation lost as a result of an injury, death, or loss to person or property that is a subject of a civil action upon a medical, dental, optometric, or chiropractic claim; (b) All expenditures for medical care or treatment, rehabilitation services, or other care, treatment, ser...

Section 2323.56 | Periodic payments of future damages.

...(A) As used in this section: (1) "Economic loss" means any of the following types of pecuniary harm: (a) All wages, salaries, or other compensation lost as a result of an injury to person that is a subject of a tort action; (b) All expenditures for medical care or treatment, rehabilitation services, or other care, treatment, services, products, or accommodations as a result of an injury to person that is a subject...

Section 2323.57 | General verdict for future damages.

...In any tort action to which section 2323.55 or 2323.56 of the Revised Code does not apply, if a plaintiff makes a good faith claim against a defendant for future damages, the trier of fact shall return a general verdict and, if that verdict is in favor of the plaintiff, answers to interrogatories or findings of fact that specify both of the following: (A) The past damages recoverable by that plaintiff; (B) The futu...

Section 2323.58 | Transfer of structural settlement payment rights definitions.

...As used in this section and sections 2323.581 to 2323.587 of the Revised Code: (A) "Annuity issuer" means an insurer that has issued a contract that is used to fund periodic payments under a structured settlement. (B) "Assignee" means a party acquiring or proposing to acquire structured settlement payment rights from a transferee of those rights. (C) "Dependent" includes a spouse of a payee, a minor child of a pay...

Section 2323.581 | Valid transfer of structural settlement payment rights.

... No direct or indirect transfer of structured settlement payment rights shall be effective, and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to a transferee or assignee of structured settlement payment rights, unless the transfer has been approved in advance in a final order of a court of competent jurisdiction based on express findings by the court ...

Section 2323.582 | Contents and form of disclosure statement.

...Not less than ten days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in boldface type of the minimum size of fourteen points, setting forth all of the following: (A) The amounts and due dates of the structured settlement payments that would be transferred under the transfer agreement; (B) The aggregate amount of the payments...

Section 2323.583 | Transfer of structured settlement payment rights; applicable procedures.

...Following a transfer of structured settlement payment rights pursuant to sections 2323.58 to 2323.585 of the Revised Code, all of the following apply: (A) The structured settlement obligor and the annuity issuer may rely on the court order approving the transfer in redirecting periodic payments to an assignee or transferee in accordance with the order approving the transfer and shall, as to all parties except the tr...

Section 2323.584 | Filing application for approval in advance of transfer.

...(A) A transferee shall file an application under sections 2323.58 to 2323.585 of the Revised Code for the approval in advance of a transfer of structured settlement payment rights in the probate division of the court of common pleas of the county in which the payee resides, except that if the structured settlement agreement was approved by a court of common pleas or other Ohio state court, the application shall be fi...

Section 2323.585 | Immunity - waiver - illegal transfers.

...(A) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on a failure of the transfer to comply with any of the requirements of sections 2323.581 to 2323.584 of the Revised Code. (B) No provision of this section or section 2323.581, 2323....

Section 2323.586 | Settlement obligor and annuity issuer immune from liability.

... Compliance with section 2323.582 of the Revised Code and the fulfillment of the conditions set forth in section 2323.581 of the Revised Code shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requireme...

Section 2323.587 | Consumer sales practices act applicability.

... A violation of or failure to comply with section 2323.581, 2323.582, 2323.583, 2323.584, 2323.585, or 2323.586 of the Revised Code is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code.

Section 2325.03 | Bona fide purchaser unaffected.

...The title to property, which title is the subject of a final judgment or order sought to be vacated, modified, or set aside by any type of proceeding or attack and which title has, by, in consequence of, or in reliance upon the final judgment or order, passed to a purchaser in good faith, shall not be affected by the proceeding or attack; nor shall the title to property that is sold before judgment under an attachmen...

Section 2325.12 | Recovery of excess of amount claimed in pleading.

...When, by mistake of the pleader, the amount claimed in the pleading and recovered is less than the true amount then due, the party injured by the mistake may recover the balance by civil action, without costs.

Section 2325.15 | Revivor of dormant judgment or finding.

...When a judgment, including judgments rendered by a judge of a county court or mayor, a transcript of which has been filed in the court of common pleas for execution, is dormant, or when a finding for money in equitable proceedings remains unpaid in whole or in part, under the order of the court therein made, such judgment may be revived, or such finding made subject to execution as judgments at law are, in the manner...

Section 2325.16 | Service by publication.

...When either party to the dormant judgment or finding mentioned in section 2325.15 of the Revised Code, his agent or attorney, makes affidavit showing that the adverse party is not a resident of the state, that such judgment or finding remains unsatisfied in whole or part and the amount owing thereon, service may be made by publication, as provided in section 2703.18 of the Revised Code, but only for judgments or find...

Section 2325.17 | Time a lien attaches when a dormant judgment is revived.

...If sufficient cause is not shown to the contrary, the judgment or finding mentioned in section 2325.15 of the Revised Code shall stand revived, and thereafter may be made to operate as a lien upon the lands and tenements of each judgment debtor for the amount which the court finds to be due and unsatisfied thereon to the same extent and in the same manner as judgments or findings rendered in any other action.