Ohio § 2323.52

§ 2323.52.

(A) As used in this section: (1) “Conduct” has the same meaning as in section 2323.51 of the Revised Code . (2) “ Vexatious conduct ” means conduct of a party in a civil action that satisfies any of the following: (a) The conduct obviously serves merely to harass or maliciously injure another party

to the civil action. (b) The conduct is not warranted under existing law and cannot be supported by a good

faith argument for an extension, modification, or reversal of existing law. (c) The conduct is imposed solely for delay. (3) “ Vexatious litigator ” means any person who has habitually, persistently, and without reasonable grounds

engaged in vexatious conduct in a civil action or actions, whether in the court of

claims or in a court of appeals, court of common pleas, municipal court, or county

court, whether the person or another person instituted the civil action or actions,

and whether the vexatious conduct was against the same party or against different

parties in the civil action or actions.  “Vexatious litigator” does not include a person who is authorized to practice law

in the courts of this state under the Ohio Supreme Court Rules for the Government

of the Bar of Ohio unless that person is representing or has represented self pro

se in the civil action or actions.  For the purposes of division (A)(3) of this section, “ civil action ” includes a proceeding under section 2743.75 of the Revised Code . (B) A person, the office of the attorney general, or a prosecuting attorney, city director

of law, village solicitor, or similar chief legal officer of a municipal corporation

who has defended against habitual and persistent vexatious conduct in the court of

claims or in a court of appeals, court of common pleas, municipal court, or county

court may commence a civil action in a court of common pleas with jurisdiction over

the person who allegedly engaged in the habitual and persistent vexatious conduct

to have that person declared a vexatious litigator.  The person, office of the attorney general, prosecuting attorney, city director

of law, village solicitor, or similar chief legal officer of a municipal corporation

may commence this civil action while the civil action or actions in which the habitual

and persistent vexatious conduct occurred are still pending or within one year after

the termination of the civil action or actions in which the habitual and persistent

vexatious conduct occurred. (C) A civil action to have a person declared a vexatious litigator shall proceed as any

other civil action, and the Ohio Rules of Civil Procedure apply to the action. (D)(1) If the person alleged to be a vexatious litigator is found to be a vexatious litigator,

subject to division (D)(2) of this section, the court of common pleas may enter an

order prohibiting the vexatious litigator from doing one or more of the following

without first obtaining the leave of that court to proceed: (a) Instituting legal proceedings in the court of claims or in a court of common pleas,

municipal court, or county court; (b) Continuing any legal proceedings that the vexatious litigator had instituted in any

of the courts specified in division (D)(1)(a) of this section prior to the entry of

the order; (c) Making any application, other than an application for leave to proceed under division

(F)(1) of this section, in any legal proceedings instituted by the vexatious litigator

or another person in any of the courts specified in division (D)(1)(a) of this section. (2) If the court of common pleas finds a person who is authorized to practice law in

the courts of this state under the Ohio Supreme Court Rules for the Government of

the Bar of Ohio to be a vexatious litigator and enters an order described in division

(D)(1) of this section in connection with that finding, the order shall apply to the

person only insofar as the person would seek to institute proceedings described in

division (D)(1)(a) of this section on a pro se basis, continue proceedings described

in division (D)(1)(b) of this section on a pro se basis, or make an application described

in division (D)(1)(c) of this section on a pro se basis.  The order shall not apply to the person insofar as the person represents one or

more other persons in the person's capacity as a licensed and registered attorney

in a civil or criminal action or proceeding or other matter in a court of common pleas,

municipal court, or county court or in the court of claims.  Division (D)(2) of this section does not affect any remedy that is available to

a court or an adversely affected party under section 2323.51 or another section of the Revised Code, under Civil Rule 11 or another provision of the Ohio Rules of Civil Procedure, or under the common law

of this state as a result of frivolous conduct or other inappropriate conduct by an

attorney who represents one or more clients in connection with a civil or criminal

action or proceeding or other matter in a court of common pleas, municipal court,

or county court or in the court of claims. (3) A person who is subject to an order entered pursuant to division (D)(1) of this section

may not institute legal proceedings in a court of appeals, continue any legal proceedings

that the vexatious litigator had instituted in a court of appeals prior to entry of

the order, or make any application, other than the application for leave to proceed

allowed by division (F)(2) of this section, in any legal proceedings instituted by

the vexatious litigator or another person in a court of appeals without first obtaining

leave of the court of appeals to proceed pursuant to division (F)(2) of this section. (E) An order that is entered under division (D)(1) of this section shall remain in force

indefinitely unless the order provides for its expiration after a specified period

of time. (F)(1) A court of common pleas that entered an order under division (D)(1) of this section

shall not grant a person found to be a vexatious litigator leave for the institution

or continuance of, or the making of an application in, legal proceedings in the court

of claims or in a court of common pleas, municipal court, or county court unless the

court of common pleas that entered that order is satisfied that the proceedings or

application are not an abuse of process of the court in question and that there are

reasonable grounds for the proceedings or application.  If a person who has been found to be a vexatious litigator under this section requests

the court of common pleas that entered an order under division (D)(1) of this section

to grant the person leave to proceed as described in division (F)(1) of this section,

the period of time commencing with the filing with that court of an application for

the issuance of an order granting leave to proceed and ending with the issuance of

an order of that nature shall not be computed as a part of an applicable period of

limitations within which the legal proceedings or application involved generally must

be instituted or made. (2) A person who is subject to an order entered pursuant to division (D)(1) of this section

and who seeks to institute or continue any legal proceedings in a court of appeals

or to make an application, other than an application for leave to proceed under division

(F)(2) of this section, in any legal proceedings in a court of appeals shall file

an application for leave to proceed in the court of appeals in which the legal proceedings

would be instituted or are pending.  The court of appeals shall not grant a person found to be a vexatious litigator

leave for the institution or continuance of, or the making of an application in, legal

proceedings in the court of appeals unless the court of appeals is satisfied that

the proceedings or application are not an abuse of process of the court and that there

are reasonable grounds for the proceedings or application.  If a person who has been found to be a vexatious litigator under this section requests

the court of appeals to grant the person leave to proceed as described in division

(F)(2) of this section, the period of time commencing with the filing with the court

of an application for the issuance of an order granting leave to proceed and ending

with the issuance of an order of that nature shall not be computed as a part of an

applicable period of limitations within which the legal proceedings or application

involved generally must be instituted or made. (G) During the period of time that the order entered under division (D)(1) of this section

is in force, no appeal by the person who is the subject of that order shall lie from

a decision of the court of common pleas or court of appeals under division (F) of

this section that denies that person leave for the institution or continuance of,

or the making of an application in, legal proceedings in the court of claims or in

a court of appeals, court of common pleas, municipal court, or county court. (H) The clerk of the court of common pleas that enters an order under division (D)(1)

of this section shall send a certified copy of the order to the supreme court for

publication in a manner that the supreme court determines is appropriate and that

will facilitate the clerk of the court of claims and a clerk of a court of appeals,

court of common pleas, municipal court, or county court in refusing to accept pleadings

or other papers submitted for filing by persons who have been found to be a vexatious

litigator under this section and who have failed to obtain leave to proceed under

this section. (I) Whenever it appears by suggestion of the parties or otherwise that a person found

to be a vexatious litigator under this section has instituted, continued, or made

an application in legal proceedings without obtaining leave to proceed from the appropriate

court of common pleas or court of appeals to do so under division (F) of this section,

the court in which the legal proceedings are pending shall dismiss the proceedings

or application of the vexatious litigator. (J)(1) A person who is subject to an order entered pursuant to division (D)(1) of this section

shall not be permitted to request public records from a public office or person responsible

for public records without first receiving both leave to proceed from the court of

common pleas as described in this section and an accompanying order from the court

that specifies with particularity what public records the person may request from

the public office or person responsible for public records.  Until the requirements set forth in this division are satisfied and evidence of

satisfaction is presented to the public office or person responsible for public records,

the public office or person responsible for public records is under no duty to respond

to a public records request submitted by a person who is subject to an order entered

pursuant to division (D)(1) of this section. (2) Pursuant to division (B)(4) of section 149.43 of the Revised Code , if a public office or person responsible for public records receives an anonymous

public records request and knows or has reasonable cause to believe that a person

who is a vexatious litigator has submitted a public records request, or if, based

upon the requestor's listed name, the public office or person responsible for public

records knows or has reasonable cause to believe that a person who is a vexatious

litigator has submitted a public records request, the public office or person responsible

for public records may require that the person present an acceptable form of identification

prior to responding to the public records request.