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