Ohio Rev. Code § 2721.01
Person defined.
As used in this chapter, "person" means any person, partnership, joint-stock company, unincorporated association, society, municipal corporation, or other corporation.
Chapter 2721 | Declaratory Judgments
Ohio · statute · Ohio Rev. Code ch. 2721 · 17 active provisions
Provisions
Ohio Rev. Code § 2721.02
Force and effect of declaratory judgments - action or proceeding against insurer.
(A) Subject to division (B) of this section, courts of record may declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding is open to objection on the ground that a declaratory judgment or decree is prayed for under this chapter. The declaration may…
Ohio Rev. Code § 2721.03
Construction or validity of instrument or legal provision.
Subject to division (B) of section 2721.02 of the Revised Code, any person interested under a deed, will, written contract, or other writing constituting a contract or any person whose rights, status, or other legal relations are affected by a constitutional provision, statute, rule as defined in section 119.01 of the…
Ohio Rev. Code § 2721.04
Contract.
Subject to division (B) of section 2721.02 of the Revised Code, a contract may be construed by a declaratory judgment or decree either before or after there has been a breach of the contract.
Ohio Rev. Code § 2721.05
Determination of rights or legal relations.
As used in this section, "incompetent person" means a person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of an intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property o…
Ohio Rev. Code § 2721.06
Powers not restricted.
Sections 2721.03 to 2721.05 of the Revised Code do not limit or restrict the exercise of the general powers conferred by division (A) of section 2721.02 of the Revised Code in any action or proceeding in which declaratory relief is sought under this chapter and in which a judgment or decree will terminate the controver…
Ohio Rev. Code § 2721.07
Court may refuse judgment.
Courts of record may refuse to render or enter a declaratory judgment or decree under this chapter if the judgment or decree would not terminate the uncertainty or controversy giving rise to the action or proceeding in which the declaratory relief is sought.
Ohio Rev. Code § 2721.08
Appeals.
All judgments and decrees under this chapter may be reviewed on appeal as are other judgments and decrees of the court of record involved.
Ohio Rev. Code § 2721.09
Further relief granted.
Subject to section 2721.16 of the Revised Code, whenever necessary or proper, a court of record may grant further relief based on a declaratory judgment or decree previously granted under this chapter. The application for the further relief shall be by a complaint filed in a court of record with jurisdiction to grant t…
Ohio Rev. Code § 2721.10
Determination of issues of fact.
When an action or proceeding in which declaratory relief is sought under this chapter involves the determination of an issue of fact, that issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the action or proceeding is pending.
Ohio Rev. Code § 2721.11
Costs.
In any action or proceeding in which declaratory relief is sought under this chapter, the court may make an award of court costs as is equitable and just.
Ohio Rev. Code § 2721.12
Declaratory judgment procedure.
(A) Subject to division (B) of this section, when declaratory relief is sought under this chapter in an action or proceeding, all persons who have or claim any interest that would be affected by the declaration shall be made parties to the action or proceeding. Except as provided in division (B) of this section, a decl…
Ohio Rev. Code § 2721.13
Liberal construction of chapter.
The provisions of this chapter are remedial and shall be liberally construed and administered.
Ohio Rev. Code § 2721.14
Interpretation.
The provisions of this chapter shall be so interpreted and construed as to effectuate their general purpose to make the law of this state uniform with the law of those states that enact similar provisions and to harmonize, insofar as possible, with federal laws and regulations on the subject of declaratory judgments an…
Ohio Rev. Code § 2721.15
Independent sections.
With the exception of sections 2721.02 and 2721.03 of the Revised Code, the provisions of this chapter are independent and severable, and the invalidity of any part of those provisions does not affect or render the remainder of those provisions invalid or inoperative.
Ohio Rev. Code § 2721.16
Award of attorney's fees.
(A)(1) A court of record shall not award attorney's fees to any party on a claim or proceeding for declaratory relief under this chapter unless any of the following applies:(a) A section of the Revised Code explicitly authorizes a court of record to award attorney's fees on a claim for declaratory relief under this cha…
Ohio Rev. Code § 2721.21
Action for registry listing where childhood sexual abuse action barred.
(A) As used in this section:(1) "Defendant" means a person against whom an individual believes that, but for the expiration of the limitation period for the cause of action under section 2305.111 of the Revised Code, the individual would have a cause of action for assault or battery based on childhood sexual abuse.(2)…