As Reported by the House Criminal Justice Committee         1            

122nd General Assembly                                             4            

   Regular Session                                  H. B. No. 394  5            

      1997-1998                                                    6            


 REPRESENTATIVES MASON-KRUPINSKI-TIBERI-HARRIS-TAYLOR-WILLIAMS-    8            

             MOTTLEY-GARCIA-PADGETT-REID-SCHUCK-FORD               9            


                                                                   11           

                           A   B I L L                                          

             To amend section 2505.02 of the Revised Code to       12           

                specify circumstances under which an order         13           

                granting or denying a provisional  remedy is a     14           

                final appealable order.                            15           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        17           

      Section 1.  That section 2505.02 of the Revised Code be      18           

amended to read as follows:                                        19           

      Sec. 2505.02.  (A)  AS USED IN THIS SECTION:                 28           

      (1)  "SUBSTANTIAL RIGHT" MEANS A RIGHT THAT THE UNITED       31           

STATES CONSTITUTION, THE OHIO CONSTITUTION, A STATUTE, THE COMMON  32           

LAW, OR A RULE OF PROCEDURE ENTITLES A PERSON TO ENFORCE OR        33           

PROTECT.                                                                        

      (2)  "SPECIAL PROCEEDING" MEANS AN ACTION OR PROCEEDING      35           

THAT IS SPECIALLY CREATED BY STATUTE AND THAT PRIOR TO 1853 WAS    36           

NOT DENOTED AS AN ACTION AT LAW OR A SUIT IN EQUITY.               37           

      (3)  "PROVISIONAL REMEDY" MEANS A PROCEEDING ANCILLARY TO    39           

AN ACTION, INCLUDING, BUT NOT LIMITED TO, A PROCEEDING FOR A       40           

PRELIMINARY INJUNCTION, ATTACHMENT, DISCOVERY OF PRIVILEGED        41           

MATTER, OR SUPPRESSION OF EVIDENCE.                                42           

      (B)  AN ORDER IS A FINAL ORDER THAT MAY BE REVIEWED,         44           

AFFIRMED, MODIFIED, OR REVERSED, WITH OR WITHOUT RETRIAL, WHEN IT  45           

IS ONE OF THE FOLLOWING:                                           46           

      (1)  An order that affects a substantial right in an action  48           

which THAT in effect determines the action and prevents a          50           

judgment, an;                                                                   

                                                          2      

                                                                 
      (2)  AN order that affects a substantial right made in a     53           

special proceeding or upon a summary application in an action      54           

after judgment, or an;                                                          

      (3)  AN order that vacates or sets aside a judgment or       58           

grants a new trial is a final order that may be reviewed,                       

affirmed, modified, or reversed, with or without retrial;          59           

      (4)  AN ORDER THAT GRANTS OR DENIES A PROVISIONAL REMEDY     61           

AND TO WHICH BOTH OF THE FOLLOWING APPLY:                          62           

      (a)  THE ORDER IN EFFECT DETERMINES THE ACTION WITH RESPECT  64           

TO THE PROVISIONAL REMEDY AND PREVENTS A JUDGMENT IN THE ACTION    65           

IN FAVOR OF THE APPEALING PARTY WITH RESPECT TO THE PROVISIONAL    66           

REMEDY.                                                                         

      (b)  THE APPEALING PARTY WOULD NOT BE AFFORDED A MEANINGFUL  68           

OR EFFECTIVE REMEDY BY AN APPEAL FOLLOWING FINAL JUDGMENT AS TO    69           

ALL PROCEEDINGS, ISSUES, CLAIMS, AND PARTIES IN THE ACTION.        70           

      (C)  When a court issues an order that vacates or sets       72           

aside a judgment or grants a new trial, the court, upon the        74           

request of either party, shall state in the order the grounds      75           

upon which the new trial is granted or the judgment vacated or     76           

set aside.                                                                      

      Section 2.  That existing section 2505.02 of the Revised     78           

Code is hereby repealed.                                           79