REPRESENTATIVES Seitz, Willamowski, Widowfield, Grendell, Oelslager, Harwood, DePiero, Driehaus

To amend section 2305.19 of the Revised Code to

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modify the period within which a plaintiff may

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commence a new action after the reversal of a

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judgment for the plaintiff or the plaintiff's

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failure otherwise than upon the merits.

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

Section 1. That section 2305.19 of the Revised Code be	6
amended to read as follows:	7

Sec. 2305.19. (A) In anany action that is commenced, or	8
attempted to be commenced, if in due time a judgment for the	9
plaintiff is reversed, or if the plaintiff fails otherwise than	10
upon the merits, and the time limited for the commencement of such	11
action at the date of reversal or failure has expired, the	12
plaintiff, or, if hethe plaintiff dies and the cause of action	13
survives, his representativesthe plaintiff's representative may	14
commence a new action within one year after suchthe date of the	15
reversal of the judgment or the plaintiff's failure otherwise than	16
upon the merits or within the period of the original applicable	17
statute of limitations, whichever occurs later. This provision	18
division applies to any claim asserted in any pleading by a	19
defendant. If	20

(B) If the defendant in an action described in division (A)	21
of this section is a foreign or domestic corporation, foreign or	22
domestic, and whether its charter prescribes the manner andor	23
place, or either, of service of process thereonon the defendant,	24
and if it passes into the hands of a receiver before the	25
expiration of suchthe one year period or the period of the	26
original applicable statute of limitations, whichever is	27
applicable, as described in that division, then service to be made	28
within theone year following suchthe original service or attempt	29
to begin the action may be made upon suchthat receiver or histhe	30
receiver's cashier, treasurer, secretary, clerk, or managing	31
agent, or if none of these officers can be found, by a copy left	32
at the office or the usual place of business of suchany of those	33
agents or officers of the receiver with the person having charge	34
thereofof the office or place of business. If suchthat	35
corporation is a railroad company, summons may be served on any	36
regular ticket or freight agent of the receiver, and if there is	37
no suchregular ticket or freight agent of the receiver, then upon	38
any conductor of the receiver, in any county in the state in which	39
the railroad is located. The summons shall be returned as if	40
served on suchthat defendant corporation.	41

Section 2. That existing section 2305.19 of the Revised Code	42
is hereby repealed.	43