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H. B. No. 161As Reported by the House Judiciary Committee
As Reported by the House Judiciary Committee
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Seitz, Willamowski, Widowfield, Grendell, Oelslager, Harwood, DePiero, Driehaus
A BILLTo amend section 2305.19 of the Revised Code to modify the period within which a plaintiff may commence a new action after the reversal of a judgment for the plaintiff or the plaintiff's failure otherwise than upon the merits. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2305.19 of the Revised Code be amended to read as follows:
Sec. 2305.19. (A) In an any action that is commenced, or attempted to be commenced, if in due
time a judgment for the plaintiff is reversed, or if the plaintiff fails
otherwise than upon the merits, and the time limited for the commencement of
such action at the date of reversal or failure has expired, the plaintiff, or,
if he the plaintiff dies and the cause of action survives,
his representatives the plaintiff's representative may commence
a new action within one year after such the date of the reversal of the judgment or the plaintiff's failure otherwise than upon the merits or within the period of the original applicable statute of limitations, whichever occurs later. This provision division applies to any
claim asserted in any pleading by a defendant. If (B) If the defendant in an action described in division (A) of this section is a foreign or domestic
corporation, foreign or domestic, and whether its charter prescribes the
manner and or place, or either, of service of process thereon on the defendant, and if it passes into
the hands of a receiver before the expiration of such the one year period or the period of the original applicable statute of limitations, whichever is applicable, as described in that division, then service to be
made within the one year following such the original service or attempt to begin the
action may be made upon such that receiver or his the receiver's
cashier, treasurer, secretary,
clerk, or managing agent, or if none of these officers can be found, by a copy
left at the office or the usual place of business of such any of those agents or officers
of the receiver with the person having charge thereof of the office or place of business. If such that corporation is
a railroad company, summons may be served on any regular ticket or freight
agent of the receiver, and if there is no such regular ticket or freight agent of the receiver, then upon any conductor
of the receiver, in any county in the state in which the railroad is located.
The summons shall be returned as if served on such that defendant corporation.
Section 2. That existing section 2305.19 of the Revised Code is hereby repealed.
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