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Section 2713.01 | Arrest.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly In a civil action, a defendant can be arrested before judgment only in the manner prescribed by sections 2713.01 to 2713.29, inclusive, of the Revised Code. This section does not apply to proceedings for contempt, nor to actions prosecuted or judgments obtained […]

Section 2713.02 | Order of Arrest.

Effective: January 9, 1961 Latest Legislation: House Bill 1 – 104th General Assembly An order for the arrest of the defendant shall be made by the clerk of the court in which the action is brought, when there is filed in his office an affidavit of the plaintiff, his authorized agent or attorney, made before […]

Section 2713.03 | Bond.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The order of arrest provided for by section 2713.02 of the Revised Code shall not be issued by the clerk of the court until there is executed, by sufficient sureties of the plaintiff, a bond to the effect that the plaintiff will […]

Section 2713.04 | Time for Issuance of Order of Arrest.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The order of arrest provided for by section 2713.02 of the Revised Code may be made to accompany the summons or at any time afterward before judgment.

Section 2713.05 | Contents of Order of Arrest.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly With a copy of the affidavit, the order of arrest provided for by section 2713.02 of the Revised Code shall be addressed and delivered to the sheriff, and must specify the names of the parties, the court in which the action is […]

Section 2713.06 | Return Day of Order of Arrest.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The return day of the order of arrest provided for by section 2713.02 of the Revised Code, when it is issued at the commencement of a suit, shall be the same as that of the summons. When issued afterward, it shall be […]

Section 2713.07 | Execution of Order of Arrest.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The sheriff shall execute the order of arrest mentioned in section 2713.02 of the Revised Code by arresting the defendant, and delivering to him a copy thereof and of the affidavit. If the defendant cannot be found before the return day, the […]

Section 2713.08 | Custody of the Defendant.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The defendant, when arrested pursuant to section 2713.07 of the Revised Code, must be committed to the jail of the county and kept in custody until discharged by law.

Section 2713.09 | Defendant May Deposit Money.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Before or after giving bail, the defendant may deposit with the sheriff, or in court, the amount specified in the order of arrest issued pursuant to section 2713.02 of the Revised Code; whereupon the defendant must be discharged, or his bail be […]

Section 2713.10 | Money to Be Paid Into Court.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The sheriff shall pay into court the money received by him in lieu of bail under section 2713.09 of the Revised Code. If it is received in vacation, he shall pay it on the first day of the next term; if received […]

Section 2713.11 | Control of Money.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The court shall make proper orders for the safekeeping of money deposited in lieu of bail under section 2713.09 of the Revised Code, and may direct the sheriff to keep it, and after final judgment in the action shall order it to […]

Section 2713.12 | Sheriff and Sureties Liable for Money.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Money deposited with the sheriff as provided in section 2713.09 of the Revised code, or directed by the court to be kept by him, shall be held upon his official responsibility; and he and his sureties shall be liable, and may be […]

Section 2713.13 | Bail May Be Given Before Judgment.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Bail may be given by the defendant on his arrest under section 2713.07 of the Revised Code, or afterward, before judgment. It shall be done by causing sufficient bail to execute a bond to the plaintiff, in the presence of the sheriff, […]

Section 2713.14 | Plaintiff May Object to Bail.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The plaintiff, or his attorney, may object to the bail provided under section 2713.13 of the Revised Code, for insufficiency, within ten days after the bond is given, by serving upon the sheriff a written notice that he does not accept the […]

Section 2713.15 | Notice of Justification.

Effective: January 9, 1961 Latest Legislation: House Bill 1 – 104th General Assembly Within ten days after receipt of the notice provided for by section 2713.14 of the Revised Code, the sheriff or the defendant may give to the plaintiff, or his attorney, notice in writing of the justification of the same or other bail […]

Section 2713.16 | Manner of Justification.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly For the purpose of justification, each of the bail must attend before the proper officer, at the time and place mentioned in the notice of justification provided for by section 2713.15 of the Revised Code, and may be examined on oath touching […]

Section 2713.17 | Sheriff Liable as Bail – Discharge.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly After the arrest of the defendant pursuant to section 2713.07 of the Revised Code, if he escapes or is rescued, or bail is not taken or is adjudged insufficient, or a deposit is not made, the sheriff shall be liable as bail; […]

Section 2713.18 | Extent of Sheriff’s Liability.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The return of “not found” upon an execution against the body of the defendant is necessary to fix the liability of the sheriff as bail, which liability shall be the amount of the judgment, interest, and costs. This liability can be enforced […]

Section 2713.19 | Insufficient Bail Liable to Sheriff.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The bail adjudged insufficient by an officer mentioned in section 2713.15 of the Revised Code shall be liable to the sheriff for the damages he sustains by reason of such insufficiency.

Section 2713.20 | Liability of Bail.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The liability of the bail shall be fixed in the manner provided by law for fixing the liability of the sheriff as bail. The bail can be proceeded against in an action only.