Ohio Code 2737.01 – Replevin definitions
As used in this chapter:
Terms Used In Ohio Code 2737.01
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Bailiff: a court officer who enforces the rules of behavior in courtrooms.
- Movant: means a party to an action who has filed a motion for an order of possession of specific personal property pursuant to section 2737. See Ohio Code 2737.01
- Occupied dwelling unit: means a structure that is used in whole or in part as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household, and the facilities or appurtenances in it and in which any person is present or is likely to be present, except that such a structure is not an occupied dwelling unit at any time if, after reasonable efforts to personally contact any person who may be present in the structure at that time, the person who made the efforts reasonably believes that no person is present in the structure at that time. See Ohio Code 2737.01
- Order of possession: means the order issued by a court under this chapter for delivery to the movant of possession of specific personal property pending final judgment in the action. See Ohio Code 2737.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Personal property: All property that is not real property.
- Property: means real and personal property. See Ohio Code 1.59
- Respondent: means the party against whom a motion for an order of possession of specific personal property pursuant to section 2737. See Ohio Code 2737.01
(A) “Movant” means a party to an action who has filed a motion for an order of possession of specific personal property pursuant to section 2737.03 of the Revised Code.
(B) “Respondent” means the party against whom a motion for an order of possession of specific personal property pursuant to section 2737.03 of the Revised Code is filed.
(C) “Probable cause to support the motion” means that it is likely that the movant will obtain judgment against the respondent that entitles the movant to permanent possession of the specific personal property that is the subject of a motion filed pursuant to section 2737.03 of the Revised Code.
(D) “Order of possession” means the order issued by a court under this chapter for delivery to the movant of possession of specific personal property pending final judgment in the action.
(E) “Levying officer” means the sheriff, another authorized law enforcement officer, or a bailiff who is ordered by the court to take possession of property and deliver it to the movant.
(F) “Occupied dwelling unit” means a structure that is used in whole or in part as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household, and the facilities or appurtenances in it and in which any person is present or is likely to be present, except that such a structure is not an occupied dwelling unit at any time if, after reasonable efforts to personally contact any person who may be present in the structure at that time, the person who made the efforts reasonably believes that no person is present in the structure at that time.