As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 394 5
1997-1998 6
REPRESENTATIVES MASON-KRUPINSKI-TIBERI-HARRIS-TAYLOR-WILLIAMS- 8
MOTTLEY-GARCIA-PADGETT-REID-SCHUCK-FORD-LEWIS-OGG- 9
TERWILLEGER-CORBIN-O'BRIEN-GRENDELL-WINKLER-MYERS-ROMAN- 10
SENATORS CUPP-LATTA 11
13
A B I L L
To amend section 2505.02 of the Revised Code to 14
specify circumstances under which an order 15
granting or denying a provisional remedy is a 16
final appealable order and to specify that an 18
order that determines whether an action may be 19
maintained as a class action is a final 20
appealable order.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That section 2505.02 of the Revised Code be 23
amended to read as follows: 24
Sec. 2505.02. (A) AS USED IN THIS SECTION: 33
(1) "SUBSTANTIAL RIGHT" MEANS A RIGHT THAT THE UNITED 36
STATES CONSTITUTION, THE OHIO CONSTITUTION, A STATUTE, THE COMMON 37
LAW, OR A RULE OF PROCEDURE ENTITLES A PERSON TO ENFORCE OR 38
PROTECT.
(2) "SPECIAL PROCEEDING" MEANS AN ACTION OR PROCEEDING 40
THAT IS SPECIALLY CREATED BY STATUTE AND THAT PRIOR TO 1853 WAS 41
NOT DENOTED AS AN ACTION AT LAW OR A SUIT IN EQUITY. 42
(3) "PROVISIONAL REMEDY" MEANS A PROCEEDING ANCILLARY TO 44
AN ACTION, INCLUDING, BUT NOT LIMITED TO, A PROCEEDING FOR A 45
PRELIMINARY INJUNCTION, ATTACHMENT, DISCOVERY OF PRIVILEGED 46
MATTER, OR SUPPRESSION OF EVIDENCE. 47
(B) AN ORDER IS A FINAL ORDER THAT MAY BE REVIEWED, 49
2
AFFIRMED, MODIFIED, OR REVERSED, WITH OR WITHOUT RETRIAL, WHEN IT 50
IS ONE OF THE FOLLOWING: 51
(1) An order that affects a substantial right in an action 53
which THAT in effect determines the action and prevents a 55
judgment, an;
(2) AN order that affects a substantial right made in a 58
special proceeding or upon a summary application in an action 59
after judgment, or an;
(3) AN order that vacates or sets aside a judgment or 63
grants a new trial is a final order that may be reviewed,
affirmed, modified, or reversed, with or without retrial; 64
(4) AN ORDER THAT GRANTS OR DENIES A PROVISIONAL REMEDY 66
AND TO WHICH BOTH OF THE FOLLOWING APPLY: 67
(a) THE ORDER IN EFFECT DETERMINES THE ACTION WITH RESPECT 69
TO THE PROVISIONAL REMEDY AND PREVENTS A JUDGMENT IN THE ACTION 70
IN FAVOR OF THE APPEALING PARTY WITH RESPECT TO THE PROVISIONAL 71
REMEDY.
(b) THE APPEALING PARTY WOULD NOT BE AFFORDED A MEANINGFUL 73
OR EFFECTIVE REMEDY BY AN APPEAL FOLLOWING FINAL JUDGMENT AS TO 74
ALL PROCEEDINGS, ISSUES, CLAIMS, AND PARTIES IN THE ACTION. 75
(5) AN ORDER THAT DETERMINES THAT AN ACTION MAY OR MAY NOT 77
BE MAINTAINED AS A CLASS ACTION. 78
(C) When a court issues an order that vacates or sets 80
aside a judgment or grants a new trial, the court, upon the 82
request of either party, shall state in the order the grounds 83
upon which the new trial is granted or the judgment vacated or 84
set aside.
(D) THIS SECTION APPLIES TO AND GOVERNS ANY ACTION, 86
INCLUDING AN APPEAL, THAT IS PENDING IN ANY COURT ON THE 87
EFFECTIVE DATE OF THIS AMENDMENT AND ALL CLAIMS FILED OR ACTIONS 88
COMMENCED ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, 89
NOTWITHSTANDING ANY PROVISION OF ANY PRIOR STATUTE OR RULE OF LAW 90
OF THIS STATE.
Section 2. That existing section 2505.02 of the Revised 92
3
Code is hereby repealed. 93