130th Ohio General Assembly
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(122nd General Assembly)
(Substitute House Bill Number 394)



AN ACT
To amend section 2505.02 of the Revised Code to specify circumstances under which an order granting or denying a provisional remedy is a final appealable order and to specify that an order that determines whether an action may be maintained as a class action is a final appealable order.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1 .  That section 2505.02 of the Revised Code be amended to read as follows:

Sec. 2505.02.  (A) As used in this section:

(1) "Substantial right" means a right that the United States Constitution, the Ohio Constitution, a statute, the common law, or a rule of procedure entitles a person to enforce or protect.

(2) "Special proceeding" means an action or proceeding that is specially created by statute and that prior to 1853 was not denoted as an action at law or a suit in equity.

(3) "Provisional remedy" means a proceeding ancillary to an action, including, but not limited to, a proceeding for a preliminary injunction, attachment, discovery of privileged matter, or suppression of evidence.

(B) An order is a final order that may be reviewed, affirmed, modified, or reversed, with or without retrial, when it is one of the following:

(1) An order that affects a substantial right in an action which THAT in effect determines the action and prevents a judgment, an;

(2) An order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment, or an;

(3) An order that vacates or sets aside a judgment or grants a new trial is a final order that may be reviewed, affirmed, modified, or reversed, with or without retrial;

(4) An order that grants or denies a provisional remedy and to which both of the following apply:

(a) The order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in favor of the appealing party with respect to the provisional remedy.

(b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedings, issues, claims, and parties in the action.

(5) An order that determines that an action may or may not be maintained as a class action.

(C) When a court issues an order that vacates or sets aside a judgment or grants a new trial, the court, upon the request of either party, shall state in the order the grounds upon which the new trial is granted or the judgment vacated or set aside.

(D) This section applies to and governs any action, including an appeal, that is pending in any court on the effective date of this amendment and all claims filed or actions commenced on or after the effective date of this amendment, notwithstanding any provision of any prior statute or rule of law of this state.

SECTION 2 .  That existing section 2505.02 of the Revised Code is hereby repealed.

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