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Ohio Statutes, Title 27

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Title 27, Title 27. Courts-General Provisions-Special Remedies

28 chapters · 552 sections in this title.

All chapters in Title 27552 Ch 2712, Chapter 2712 | International Commerc…91 Ch 2715, Chapter 2715 | Attachment58 Ch 2743, Chapter 2743 | Court Of Claims55 Ch 2733, Chapter 2733 | Quo Warranto40 Ch 2713, Chapter 2713 | Arrest And Bail29 Ch 2725, Chapter 2725 | Habeas Corpus27 Ch 2729, Chapter 2729 | Lost And Destroyed Re…21 Ch 2711, Chapter 2711 | Arbitration20 Ch 2737, Chapter 2737 | Replevin20 Ch 2701, Chapter 2701 | Courts Of Record - Ge…17 Ch 2721, Chapter 2721 | Declaratory Judgments17 Ch 2717, Chapter 2717 | Change Of Name16 Ch 2731, Chapter 2731 | Mandamus16 Ch 2716, Chapter 2716 | Garnishment15

552 sections·Filtered byTitle 27✕

Ohio Rev. Code Ann. § 2710.08 Inquiry by proposed mediator - disclosures - qualifications - impartiality
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(A) Before accepting a mediation, an individual who is requested to serve as a mediator shall do both of the following:(1) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely …
Ohio Rev. Code Ann. § 2710.09 Participation of party's attorney - withdrawal of mediator
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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 A waiver of participation given before the mediation may be rescinded.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.
Ohio Rev. Code Ann. § 2710.10 Preemption of federal electronic signatures statute
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Sections 2710.01 to 2710.10 of the Revised Code may modify, limit, or supersede the federal Electronic Signatures 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…
Ohio Rev. Code Ann. § 2711.01 Provision in contract for arbitration of controversies valid - exceptions
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(A) A provision in any written contract, except as provided in division (B) of this section, to settle by arbitration a controversy that subsequently arises out of the contract, or out of the refusal to perform the whole or any part of the contract, or any agreement in writing be…

Ohio Rev. Code Ann. § 2711.02 Court may stay trial

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(A) As used in this section and section 2711.03 of the Revised Code, "commercial construction contract" means any written contract or agreement for the construction of any improvement to real property, other than an improvement that is used or intended to be used as a single-fami…

Ohio Rev. Code Ann. § 2711.03 Enforcing arbitration agreement

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(A) The party aggrieved by the alleged failure of another to perform under a written agreement for arbitration may petition any court of common pleas having jurisdiction of the party so failing to perform for an order directing that the arbitration proceed in the manner provided …

Ohio Rev. Code Ann. § 2711.04 Appointment of arbitrator

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If, in the arbitration agreement, provision is made for a method of naming or appointing an arbitrator or an umpire, such method shall be followed. If no method is provided therein, or if a method is provided and any party thereto fails to avail himself of such method, or if for …

Ohio Rev. Code Ann. § 2711.05 Hearing of application

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Any application to the court of common pleas under sections 2711.01 to 2711.15, inclusive, of the Revised Code, shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise expressly provided in such sections.

Ohio Rev. Code Ann. § 2711.06 Powers and duties of arbitrators - subpoena of witnesses, failure to obey

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When more than one arbitrator is agreed to, all the arbitrators shall sit at the hearing of the controversy unless, by consent in writing, all parties agree to proceed with the hearing with a less number. The arbitrators selected either as prescribed in sections 2711.01 to 2711.1…

Ohio Rev. Code Ann. § 2711.07 Depositions

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Upon petition approved by the arbitrators, or by a majority of them, the court of common pleas in the county in which such arbitrators, or a majority of them, are sitting may direct the taking of depositions to be used as evidence before the arbitrators, in the same manner and fo…

Ohio Rev. Code Ann. § 2711.08 Award must be in writing

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The award made in an arbitration proceeding must be in writing and must be signed by a majority of the arbitrators. A true copy of such award without delay shall be delivered to each of the parties in interest. The parties to the arbitration agreement may designate therein the co…

Ohio Rev. Code Ann. § 2711.09 Application for order confirming award

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At any time within one year after an award in an arbitration proceeding is made, any party to the arbitration may apply to the court of common pleas for an order confirming the award. Thereupon the court shall grant such an order and enter judgment thereon, unless the award is va…

Ohio Rev. Code Ann. § 2711.10 Court may vacate award

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In any of the following cases, the court of common pleas shall make an order vacating the award upon the application of any party to the arbitration if:(A) The award was procured by corruption, fraud, or undue means.(B) There was evident partiality or corruption on the part of th…

Ohio Rev. Code Ann. § 2711.11 Court may modify award

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In any of the following cases, the court of common pleas in the county wherein an award was made in an arbitration proceeding shall make an order modifying or correcting the award upon the application of any party to the arbitration if:(A) There was an evident material miscalcula…

Ohio Rev. Code Ann. § 2711.12 Judgment to be entered

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Upon the granting of an order confirming, modifying, correcting, or vacating an award made in an arbitration proceeding, the court must enter judgment in conformity therewith.

Ohio Rev. Code Ann. § 2711.13 Motion to vacate, modify, or correct an award - notice, service

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After an award in an arbitration proceeding is made, any party to the arbitration may file a motion in the court of common pleas for an order vacating, modifying, or correcting the award as prescribed in sections 2711.10 and 2711.11 of the Revised Code.Notice of a motion to vacat…

Ohio Rev. Code Ann. § 2711.14 Papers to be filed with application

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Any party to a proceeding for an order confirming, modifying, correcting, or vacating an award made in an arbitration proceeding shall, at the time the application is filed with the clerk of the court of common pleas, also file the following papers with the clerk:(A) The agreemen…

Ohio Rev. Code Ann. § 2711.15 Appeal

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An appeal may be taken from an order confirming, modifying, correcting, or vacating an award made in an arbitration proceeding or from judgment entered upon an award.

Ohio Rev. Code Ann. § 2711.16 Jurisdiction of courts of common pleas

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Jurisdiction of judicial proceedings provided for by sections 2711.01 to 2711.14, inclusive, of the Revised Code, is generally in the courts of common pleas, and actions and proceedings brought under such sections shall be brought either in the court of common pleas of the county…

Ohio Rev. Code Ann. § 2711.21 Arbitration of medical claims

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(A) Upon the filing of any medical, dental, optometric, or chiropractic claim as defined in section 2305.113 of the Revised Code, if all of the parties to the medical, dental, optometric, or chiropractic claim agree to submit it to nonbinding arbitration, the controversy shall be…

Ohio Rev. Code Ann. § 2711.22 Contract for arbitration of malpractice claim that may arise

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(A) Except as otherwise provided in this section, a written contract between a patient and a hospital or healthcare provider to settle by binding arbitration any dispute or controversy arising out of the diagnosis, treatment, or care of the patient rendered by a hospital or healt…

Ohio Rev. Code Ann. § 2711.23 Provision of contract for arbitration

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To be valid and enforceable any arbitration agreements pursuant to sections 2711.01 and 2711.22 of the Revised Code for controversies involving a medical, dental, chiropractic, or optometric claim that is entered into prior to a patient receiving any care, diagnosis, or treatment…

Ohio Rev. Code Ann. § 2711.24 Form for arbitration agreement

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To the extent it is in ten-point type and is executed in the following form, an arbitration agreement of the type stated in section 2711.23 of the Revised Code shall be presumed valid and enforceable in the absence of proof by a preponderance of the evidence that the execution of…

Ohio Rev. Code Ann. § 2712.01 International commercial arbitration definitions

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As used in this chapter:(A) "Arbitral award" means any decisions of the arbitral tribunal on the substance of the dispute submitted to it and includes an interim, interlocutory, or partial arbitral award.(B) "Arbitral tribunal" means a sole arbitrator or a panel of arbitrators.(C…

Ohio Rev. Code Ann. § 2712.02 Applicability of chapter

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(A) This chapter applies to international commercial arbitration and conciliation, subject to any agreement that is in force between the United States or any other state or states.(B) This chapter, except sections 2712.13 to 2712.16 and sections 2712.75 to 2712.79 of the Revised …

Ohio Rev. Code Ann. § 2712.03 Determining when arbitration or conciliation agreement is international

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(A) An arbitration or conciliation agreement is international if any of the following applies:(1) The parties to an arbitration or conciliation agreement have, at the time of the conclusion of that agreement, their places of business in different states.(2) One of the following p…

Ohio Rev. Code Ann. § 2712.04 Determining when arbitration or conciliation agreement is commercial

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An arbitration or conciliation agreement is commercial if it arises out of a relationship of a commercial nature, including any of the following:(A) A transaction for the supply or exchange of goods or services;(B) A distribution agreement;(C) A commercial representation or agenc…

Ohio Rev. Code Ann. § 2712.05 General arbitration statutes superseded

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This chapter supersedes Chapter 2711. of the Revised Code with respect only to international commercial arbitration and conciliation. This chapter does not affect any other provisions of the Revised Code by virtue of which certain disputes may not be submitted to arbitration or c…

Ohio Rev. Code Ann. § 2712.06 Freedom to determine issues

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If a provision of this chapter, except sections 2712.53 to 2712.55 of the Revised Code, leaves the parties free to determine a certain issue, that freedom includes the right of the parties to authorize a third party, including an institution, to make that determination.

Ohio Rev. Code Ann. § 2712.07 Inclusion of arbitration or conciliation rules in agreement

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If a provision of this chapter refers to the fact that the parties have agreed or that they may agree, or in any other way refers to an agreement of the parties, the agreement shall be deemed to include any arbitration or conciliation rules referred to in that agreement.

Ohio Rev. Code Ann. § 2712.08 Counterclaims or defenses to counterclaims

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If this chapter, other than division (C) of section 2712.44 and division (A) of section 2712.66 of the Revised Code, refers to a claim or defense, it also applies to a counterclaim or a defense to that counterclaim.

Ohio Rev. Code Ann. § 2712.09 Written communication deemed to have been received

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(A) Unless otherwise agreed to by the parties, any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence, or mailing address, and the communication is deemed to have …

Ohio Rev. Code Ann. § 2712.10 Waiving right to object to noncompliance

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(A) A party who knows that any provision of this chapter, or any requirement under the arbitration agreement, has not been complied with and who proceeds with the arbitration without stating his objection to the noncompliance without undue delay or, if a time limit is provided fo…

Ohio Rev. Code Ann. § 2712.11 Intervention by court

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(A) In matters governed by this chapter, no court shall intervene except as provided in this chapter or in applicable federal law.(B) The functions of a court referred to in this chapter shall be performed by the court of common pleas of the county in which the arbitration is loc…

Ohio Rev. Code Ann. § 2712.12 Arbitration agreement form

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An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. An arbitration agreement shall be in writing. An agreement is in writing if it is contained in a document signed by the parties or in an exchange of letters,…

Ohio Rev. Code Ann. § 2712.13 Application for stay of proceedings and to compel arbitration

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(A) When a party to an international commercial arbitration agreement commences judicial proceedings seeking relief with respect to a matter covered by the agreement to arbitrate, any other party to the agreement may apply to the court of common pleas for an order to stay the pro…

Ohio Rev. Code Ann. § 2712.14 Interim measure of protection

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(A) It is not incompatible with an arbitration agreement for a party to request a court of common pleas, before or during arbitral proceedings, to issue an interim measure of protection, or for the court to grant such a measure.(B) Any party to an arbitration governed by this cha…

Ohio Rev. Code Ann. § 2712.15 Granting measures of protection

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In connection with a pending arbitration, the court may grant measures of protection, including the following:(A) An order of attachment issued to assure that the award to which the applicant may be entitled is not rendered ineffectual by the dissipation of party assets;(B) A pre…

Ohio Rev. Code Ann. § 2712.16 Considerations in granting measures of protection

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In considering a request for interim measures of protection, both of the following apply:(A) The court shall give preclusive effect to any findings of fact of the arbitral tribunal, including the probable validity of the claim that is the subject of the award for interim measures…

Ohio Rev. Code Ann. § 2712.17 Composition of arbitration tribunal

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The arbitral tribunal shall consist of one arbitrator, unless the parties agree to another number of arbitrators. A person of any nationality may be an arbitrator, unless the parties agree otherwise.

Ohio Rev. Code Ann. § 2712.18 Procedure for appointing arbitral tribunal

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(A) The parties may agree on a procedure for appointing the arbitral tribunal.(B) If the parties fail to agree on an appointment procedure, the arbitral tribunal shall be appointed as follows:(1) In an arbitration with a single arbitrator, the appointment shall be made by the cou…

Ohio Rev. Code Ann. § 2712.19 Measures to secure the appointment of an arbitrator

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Upon the request of a party, the court of common pleas may take the necessary measures to secure the appointment of an arbitrator, unless the agreement on the appointment procedure provides other means for securing the appointment, where, under an appointment procedure agreed upo…

Ohio Rev. Code Ann. § 2712.20 Appointing arbitrators

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In appointing an arbitrator, the court of common pleas shall consider all of the following:(A) Any qualifications required of the arbitrator by the agreement of the parties;(B) Other considerations that are likely to secure the appointment of an independent and impartial arbitrat…

Ohio Rev. Code Ann. § 2712.21 Finality of decision appointing arbitrators

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A decision by the court of common pleas regarding the appointment of an arbitrator pursuant to sections 2712.18 and 2712.19 of the Revised Code is final and not subject to appeal.

Ohio Rev. Code Ann. § 2712.22 Potential arbitrators and conciliators to disclose questionable impartiality

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Except as otherwise provided in this chapter, all persons whose names are submitted for consideration for appointment or designation as arbitrators or conciliators, or who are appointed or designated as arbitrators or conciliators, within fifteen days of the submission, designati…

Ohio Rev. Code Ann. § 2712.23 Obligation to disclose information

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The obligation to disclose information set forth in section 2712.22 of the Revised Code is mandatory and cannot be waived as to the parties with respect to persons serving either as the sole arbitrator or sole conciliator or as the chief or prevailing arbitrator or conciliator. T…

Ohio Rev. Code Ann. § 2712.24 Continuing duty to disclose questionable impartiality

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From the time of appointment and throughout the arbitral proceedings, an arbitrator immediately shall disclose to the parties any circumstances referred to in section 2712.22 of the Revised Code that previously were not disclosed.

Ohio Rev. Code Ann. § 2712.25 Challenging an arbitrator

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(A) The parties may agree on a procedure for challenging an arbitrator, and the decision reached pursuant to that procedure shall be final.(B) Failing any such agreement, a party intending to challenge an arbitrator, within fifteen days after becoming aware of the constitution of…

Ohio Rev. Code Ann. § 2712.26 Circumstances causing challenge

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(A) Unless otherwise agreed by the parties or pursuant to the rules governing the arbitration, an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his independence or impartiality, or as to his possession of the qualifications up…

Ohio Rev. Code Ann. § 2712.27 Deciding challenges

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Unless the arbitrator challenged under section 2712.25 of the Revised Code withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.