Ohio § 2121.09
Full text of Ohio Ohio Revised Code § 2121.09, with citation guidance and answers to common questions.
§ 2121.09.
After vacation of the decree of the presumption of death has been established, as
provided by section 2121.08 of the Revised Code , the person erroneously presumed to be dead, on motion filed of record stating the
facts, may be substituted as plaintiff or petitioner in all actions or proceedings
brought by the executor or administrator, whether prosecuted to judgment or decree
or otherwise. That person, in all actions or proceedings previously brought against the executor
or administrator, may be substituted as defendant or respondent, on motion filed by
the person or on the person's behalf, but shall not be compelled to go to trial in
less than three months from the time of filing of the motion. Judgments or decrees recovered against the executor or administrator, before the
vacation of the decree, may be opened on application made by the person erroneously
presumed to be dead within three months after the vacating of the decree, provided
it is supported by an affidavit alleging the existence of facts that would be a valid
defense. If the application is not made within the three months or is made but the supporting
alleged facts are adjudged an insufficient defense, the judgment or decree is conclusive
to all intents, saving the defendant's right to review as in other cases on appeal.
Frequently Asked Questions About Ohio § 2121.09
What does Ohio Revised Code § 2121.09 cover?
Section 2121.09 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2121.09?
A common citation format is "Ohio Revised Code § 2121.09" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2121.09 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.