Sec. 2305.19. (A) In anany action that is commenced, or | 28 |
attempted to be commenced, if in due
time a judgment for the | 29 |
plaintiff is reversed, or if the plaintiff fails
otherwise than | 30 |
upon the merits, and the time limited for the commencement of
such | 31 |
action at the date of reversal or failure has expired, the | 32 |
plaintiff, or,
if hethe plaintiff dies and the cause of action | 33 |
survives,
his representativesthe plaintiff's representative may | 34 |
commence
a new action within one year after suchthe date of the | 35 |
reversal of the judgment or the plaintiff's failure otherwise than | 36 |
upon the merits or within the period of the original applicable | 37 |
statute of limitations, whichever occurs later. This provision | 38 |
division applies to any
claim asserted in any pleading by a | 39 |
defendant. If | 40 |
(B) If the defendant in an action described in division (A) | 41 |
of this section is a foreign or domestic
corporation, foreign or | 42 |
domestic, and whether its charter prescribes the
manner andor | 43 |
place, or either, of service of process thereonon the defendant, | 44 |
and if it passes into
the hands of a receiver before the | 45 |
expiration of suchthe one year period or the period of the | 46 |
original applicable statute of limitations, whichever is | 47 |
applicable, as described in that division, then service to be
made | 48 |
within theone year following suchthe original service or attempt | 49 |
to begin the
action may be made upon suchthat receiver or histhe | 50 |
receiver's
cashier, treasurer, secretary,
clerk, or managing | 51 |
agent, or if none of these officers can be found, by a copy
left | 52 |
at the office or the usual place of business of suchany of those | 53 |
agents or officers
of the receiver with the person having charge | 54 |
thereofof the office or place of business. If suchthat | 55 |
corporation is
a railroad company, summons may be served on any | 56 |
regular ticket or freight
agent of the receiver, and if there is | 57 |
no suchregular ticket or freight agent of the receiver, then upon | 58 |
any conductor
of the receiver, in any county in the state in which | 59 |
the railroad is located.
The summons shall be returned as if | 60 |
served on suchthat defendant corporation. | 61 |
Sec. 3. (A) Sections 2106.01, 2106.02, 2107.19, 2109.301,and | 66 |
2109.32,
2113.53, 2117.06, 2117.07, 2117.11, and 2117.12 of the | 67 |
Revised Code, as
amended by this actAm. Sub. H.B. 51 of the 125th | 68 |
General Assembly, apply to estates that are in existence or are | 69 |
initiated on or after the effective date of this actApril 8, | 70 |
2004. | 71 |
Section 7. This act is hereby declared to be an emergency | 87 |
measure necessary for the immediate preservation of the public | 88 |
peace, health, and safety. The reason for such necessity is to | 89 |
prevent confusion and potential constitutional problems with the | 90 |
application of certain provisions of Am. Sub. H.B. 51 of the 125th | 91 |
General Assembly to pending decedent's estates. Therefore, this | 92 |
act shall go into immediate effect. | 93 |