Ohio Revised Code

Ohio Rev. Code § 2713.02 (2026)

Order of arrest

✓ current as of May 2026
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An order for the arrest of the defendant shall be made by the clerk of the court in which the action is brought, when there is filed in his office an affidavit of the plaintiff, his authorized agent or attorney, made before a judge or clerk of any court of the state, stating the nature of the plaintiff's claim, that it is just, the amount of it as nearly as may be, and establishing one or more of the following particulars:

(A) That the defendant has removed, or begun to remove, any of his property out of the jurisdiction of the court with intent to defraud his creditors;

(B) That he has begun to convert his property, or a part thereof, into money for the purpose of placing it beyond the reach of his creditors;

(C) That he has property, or rights of action, which he fraudulently conceals;

(D) That he has assigned, removed, disposed of, or begun to dispose of his property, or a part of it, with intent to defraud his creditors;

(E) That he fraudulently contracted the debt or incurred the obligation for which suit is about to be or has been brought;

(F) That the money, or other valuable thing, for which a recovery is sought in the action, was lost by playing at any game or by means of a bet or wager.

The affidavit also must contain a statement of the facts claimed to justify the belief in the existence of one or more of such particulars.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1994–2026 · leading case: Squire, Sanders & Dempsey, L.L.P. v. Givaudan Flavors Corp., 2010 Ohio 4469 (Ohio 2010).
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Squire, Sanders & Dempsey, L.L.P. v. Givaudan Flavors Corp., 2010 Ohio 4469 (Ohio 2010). · cites it 2× “Unlike waiver, which involves the client’s relinquishment of the protections of R.C. 2713.02(A) once they have attached, an exception to the attorney-client privilege falls into the category of situations in which the privilege does not attach to the communications in the first…”
Niemann v. Cooley, 637 N.E.2d 943 (Ohio Ct. App. 1994). · cites it 2× “R.C. 2713.02(B) creates a doctor-patient privilege which would be applicable to a psychiatrist.”
Morawski v. Davis, 2023 Ohio 1898 (Ohio Ct. App. 2023). “{¶ 34} In short, Davis’s medical records, as requested by the subpoenas issued in this case, include communications that are privileged under R.C. 2713.02. Moreover, they do not fall under any recognized exception to the physician-patient privilege, and I am disinclined to…”
State v. Hollins, 2020 Ohio 4290 (Ohio Ct. App. 2020). “She also claims that these statements were made in furtherance of a fraud so they come within the crime-fraud exception to the attorney-client privilege and could have been used for impeachment of Lake.”
State v. Urch, 2019 Ohio 3996 (Ohio Ct. App. 2019). “* * * R.C. 2713.02 sets forth that ‘an order of arrest’ is to be issued by the clerk of court upon the filing of an affidavit by the plaintiff stating the nature and amount of the plaintiff’s claim and facts ‘establishing one or more of the listed particulars.”
Johns v. Horton, 776 N.E.2d 1146 (Ohio Ct. App. 2002). · cites it 2× “Ohio Supreme Court Decisions Interpreting R.C. 2713.02(F) {¶ 31} In Conley v. Shearer, the Ohio Supreme Court stated that “R.”
Varghese v. Royal Maccabees Life Ins., 181 F.R.D. 359 (S.D. Ohio 1998). · cites it 3× “Plaintiff contends that this attorney should practice in the area of health care law and be familiar with the physician-patient privilege and would process the records in a manner consistent with O.R.C. § 2713.02(B)(1) to insure that no privileged information is revealed.”
Perrella v. Spitz, 2013 Ohio 2702 (Ohio Ct. App. 2013). “02(A) was amended, effective March 22, 2013, changing the second means of 1 waiver that if the client “voluntarily reveals the substance of attorney-client communications in a nonprivileged context.” For purposes of this appeal, we will follow the law as it was in effect when…”
Montei v. Montei, 2016 Ohio 8190 (Ohio Ct. App. 2016). “02(B)(1)(a) “[i]n any civil action, * * * under any of the following circumstances: * * * (iii) If a medical claim, * * * an action for wrongful death [or] * * *, any other type of civil action, * * * is filed by the patient * * *.”
State v. Wade, 2018 Ohio 2443 (Ohio Ct. App. 2018). “02 sets forth that “[a]n order of arrest” is to be issued by the clerk of court upon the filing of an affidavit by the plaintiff stating the nature and amount of the plaintiff’s claim and facts “establishing one or more of the [listed] particulars.”
In re A.M., 2026 Ohio 1818 (Ohio Ct. App. 2026). · cites it 2× “maintains that because the parties agreed on the record that the documents at issue are subject to the privilege set forth in Section 2713.02(G) and that none of the exceptions contained in the statute apply, the trial court should have quashed the subpoena without an in camera…”
Waite, Schneider, Bayless & Chesley Co. L.P.A. v. Davis, 911 F. Supp. 2d 592 (S.D. Ohio 2012). “Unlike waiver, which involves the client’s relinquishment of the protections of R.C. 2713.02(A) once they have attached, an exception to the attorney-client privilege falls into the category of situations in which the privilege does not attach to the communications in the first…”
— Ohio Rev. Code § 2713.02(A) — 4 cases
Squire, Sanders & Dempsey, L.L.P. v. Givaudan Flavors Corp., 2010 Ohio 4469 (Ohio 2010). “Unlike waiver, which involves the client’s relinquishment of the protections of R.C. 2713.02(A) once they have attached, an exception to the attorney-client privilege falls into the category of situations in which the privilege does not attach to the communications in the first…”
State v. Hollins, 2020 Ohio 4290 (Ohio Ct. App. 2020). “She also claims that these statements were made in furtherance of a fraud so they come within the crime-fraud exception to the attorney-client privilege and could have been used for impeachment of Lake.”
Perrella v. Spitz, 2013 Ohio 2702 (Ohio Ct. App. 2013). “02(A) was amended, effective March 22, 2013, changing the second means of 1 waiver that if the client “voluntarily reveals the substance of attorney-client communications in a nonprivileged context.” For purposes of this appeal, we will follow the law as it was in effect when…”
Waite, Schneider, Bayless & Chesley Co. L.P.A. v. Davis, 911 F. Supp. 2d 592 (S.D. Ohio 2012). “Unlike waiver, which involves the client’s relinquishment of the protections of R.C. 2713.02(A) once they have attached, an exception to the attorney-client privilege falls into the category of situations in which the privilege does not attach to the communications in the first…”
— Ohio Rev. Code § 2713.02(B) — 1 case
Niemann v. Cooley, 637 N.E.2d 943 (Ohio Ct. App. 1994). “R.C. 2713.02(B) creates a doctor-patient privilege which would be applicable to a psychiatrist.”
— Ohio Rev. Code § 2713.02(B)(1) — 1 case
Varghese v. Royal Maccabees Life Ins., 181 F.R.D. 359 (S.D. Ohio 1998). “Plaintiff contends that this attorney should practice in the area of health care law and be familiar with the physician-patient privilege and would process the records in a manner consistent with O.R.C. § 2713.02(B)(1) to insure that no privileged information is revealed.”
— Ohio Rev. Code § 2713.02(B)(5)(a) — 1 case
Montei v. Montei, 2016 Ohio 8190 (Ohio Ct. App. 2016). “02(B)(1)(a) “[i]n any civil action, * * * under any of the following circumstances: * * * (iii) If a medical claim, * * * an action for wrongful death [or] * * *, any other type of civil action, * * * is filed by the patient * * *.”
— Ohio Rev. Code § 2713.02(F) — 1 case
Johns v. Horton, 776 N.E.2d 1146 (Ohio Ct. App. 2002). “Ohio Supreme Court Decisions Interpreting R.C. 2713.02(F) {¶ 31} In Conley v. Shearer, the Ohio Supreme Court stated that “R.”
— Ohio Rev. Code § 2713.02(G) — 1 case
In re A.M., 2026 Ohio 1818 (Ohio Ct. App. 2026). “maintains that because the parties agreed on the record that the documents at issue are subject to the privilege set forth in Section 2713.02(G) and that none of the exceptions contained in the statute apply, the trial court should have quashed the subpoena without an in camera…”
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