Effective: March 13, 1986
Latest Legislation: House Bill 442 - 116th General Assembly
A respondent to a motion filed under section 2737.03 of the Revised Code may receive a hearing on the motion in accordance with section 2737.07 of the Revised Code by delivering a written request for a hearing to the court within five business days after receipt of the notice provided pursuant to section 2737.05 of the Revised Code. The request may set forth the respondent's reasons for disputing the movant's claim for possession of the property. However, neither the respondent's inclusion of nor his failure to include such reasons upon the request constitutes a waiver of any defense of the respondent or affects the respondent's right to produce evidence at any hearing or at the trial of the action. The time and place for the hearing shall be that set forth in the notice. If a written request for a hearing is not received by the court within the prescribed time and the court does not grant a continuance of the scheduled hearing in accordance with division (B) of section 2737.06 of the Revised Code, the hearing scheduled pursuant to section 2737.07 of the Revised Code immediately shall be canceled and the court at any time thereafter, upon request of the movant, may issue an order of possession in accordance with division (A) of section 2737.06 of the Revised Code.
Structure Ohio Revised Code
Title 27 | Courts-General Provisions-Special Remedies
Section 2737.01 | Replevin Definitions.
Section 2737.02 | Pre-Judgment Recovery of Personal Property.
Section 2737.03 | Motion and Affidavit for Order of Possession of Property.
Section 2737.04 | Request for Hearing on Motion for Order of Possession of Property.
Section 2737.05 | Form for Notice of Motion for an Order of Possession.
Section 2737.06 | Issuing Order of Possession Without Hearing.
Section 2737.07 | Hearing on Motion for Order of Possession of Property.
Section 2737.08 | Order of Possession Contents.
Section 2737.09 | Execution of Order.
Section 2737.10 | Filing of Bond Before Order of Possession Is Effective.
Section 2737.11 | Recovery of Property by Filing Bond or Cash Deposit.
Section 2737.12 | Objections to Sureties.
Section 2737.14 | Final Judgment to Award Permanent Possession.
Section 2737.15 | Proceedings When Movant Fails to Prosecute to Final Judgment.
Section 2737.16 | Order of Possession Directed to Levying Officer of County.
Section 2737.17 | Officer May Use Any Lawful Means to Enter Any Building or Enclosure.
Section 2737.18 | Action on Bond.
Section 2737.19 | Issuing Order of Possession Without Notice or Hearing.