Ohio Rev. Code » Chapter 2305
Ohio Revised Code

Ohio Rev. Code § 2305.17 (2026)

Commencement of action

✓ current as of May 2026
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Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
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An action is commenced within the meaning of sections 2305.03 to 2305.22 and sections 1302.98 and 1304.35 of the Revised Code by filing a petition in the office of the clerk of the proper court together with a praecipe demanding that summons issue or an affidavit for service by publication, if service is obtained within one year.
Notes of Decisions
Cited in 79 cases (9 in the last 5 years), 1953–2025 · leading case: Moore v. Mount Carmel Health Sys., 2018 Ohio 2831 (Ohio Ct. App. 2018).
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Moore v. Mount Carmel Health Sys., 2018 Ohio 2831 (Ohio Ct. App. 2018). · cites it 19× “19(A) provides, in pertinent part, that: In any action that is commenced or attempted to be commenced, if in due time a judgment for the plaintiff is reversed or if the plaintiff fails otherwise than upon the merits, the plaintiff * * * may commence a new action within one year…”
LaBarbera v. Batsch, 227 N.E.2d 55 (Ohio 1967). · cites it 14× “) This section must he read in conjunction with Section 2305.17, Revised Code, which, in pertinent part, as it read prior to amendment, effective October 30, 1965, provided: “An action is commenced within the meaning of Sections 2305.”
Fowee v. Wesley Hall, Inc., 108 Ohio St. 3d 533 (Ohio 2006). · cites it 6× “19 is more properly guided in light of its controlling statute, R.C. 2305.17. R.C. 2305.17 provides: {¶ 12} “An action is commenced within the meaning of sections 2305.”
Lash v. Miller, 362 N.E.2d 642 (Ohio 1977). · cites it 6× “2d 212 , reads: “Within the meaning of Section 2305.17, Revised Code [similar to Civ.”
Fetterolf v. Hoffmann-Laroche, Inc., 661 N.E.2d 811 (Ohio Ct. App. 1995). · cites it 8× “Next, appellant argues that the trial court’s reliance on the one-year limitations period in R.C. 2305.17 is erroneous because at least two courts have held that R.”
Mason v. Waters, 217 N.E.2d 213 (Ohio 1966). · cites it 11× “The question before the court is whether the action brought by plaintiff was commenced, or attempted to be commenced, under Sections 2305.17 and 2305.19, Revised Code, within the two-year time limit for the commencement of actions for bodily injury under Section 2305.”
Lundeen v. Turner (Slip Opinion), 2021 Ohio 1533 (Ohio 2021). · cites it 3× “3(A) and R.C. 2305.17 because Wells Fargo failed to obtain service on her within one year from the filing of the complaint.”
Sorrell v. Est. of Datko, 770 N.E.2d 608 (Ohio Ct. App. 2001). · cites it 4× “15(C) * * {¶ 16} R.C. 2305.17 similarly defines “commencement,” with the additional requirement that a praecipe be filed “demanding that summons issue.”
Moore v. Mt. Carmel Health Sys. (Slip Opinion), 2020 Ohio 4113 (Ohio 2020). · cites it 2× “) See also R.C. 2305.17. {¶ 16} The upshot of the aforementioned provisions is that to comply with the statute of limitations, an action must be “commenced” within the limitations period.”
Rossiter v. Smith, 2012 Ohio 4434 (Ohio Ct. App. 2012). · cites it 5× “” Former R.C. 2305.17 (G.C. 11231). After Civ.R. 3(A) was enacted, however, the General Assembly revised R.”
Stewart v. Forum Health, 2010 Ohio 4855 (Ohio Ct. App. 2010). · cites it 6× “3 and R.C. 2305.17. {¶ 15} On July 8, 2009, the trial court sustained Dr.”
Bayview Loan Servicing, L. L.C. v. Likely, 2017 Ohio 7693 (Ohio Ct. App. 2017). · cites it 2× “R.C. 2305.17 ; Civ.R. 3(A) ; Richardson v.”
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