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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

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Section 2937.38 | Forfeiture of bail proceedings - minority no defense.

...nse to judgment against principal or surety, or against the sale of securities or transfer of cash bail, upon forfeiture.

Section 2937.39 | Remitting all or part of penalty.

...of cash or proceeds, the magistrate or clerk may deduct an amount equal to the amount so transferred from subsequent payments to the agencies receiving such proceeds of forfeiture until the amount is recouped for the benefit of the person or persons entitled thereto under order or remission.

Section 2937.40 | Discharge and release of bail and sureties.

...hall be discharged and released, and sureties on recognizances shall be released, in any of the following ways: (1) When a surety on a recognizance or the depositor of cash or securities as bail for an accused desires to surrender the accused before the appearance date, the surety is discharged from further responsibility or the deposit is redeemed in either of the following ways: (a) By delivery of the accused i...

Section 2937.41 | Discharge of recognizance.

... discharge provided for in section 2937.26 of the Revised Code.

Section 2937.42 | Defect in form of recognizance.

...r a judgment thereon reversed by the neglect or omission to note or record the default, or by a defect in the form of such recognizance, if it appears from the tenor thereof at what court the party or witness was bound to appear and that the court or officer before whom it was taken was authorized to require and take such recognizance.

Section 2937.43 | Issuance of warrant upon failure to appear.

...appear as required, after having been released pursuant to section 2937.29 of the Revised Code, the court having jurisdiction at the time of such failure may, in addition to any other action provided by law, issue a warrant for the arrest of such accused.

Section 2937.44 | Recognizance forms.

...ore me, and jointly and severally acknowledged themselves to owe the state of Ohio, the sum of __________ dollars, to be levied on their goods, chattels, lands, and tenements, if default is made in the condition following, to wit: The condition of this recognizance is such that if the above bound E.F. personally appears before the court of common pleas on the first day of the next term thereof, then and there to ans...

Section 2937.45 | Commitment forms.

... appearance before the court of common pleas with which requisition he has failed to comply. Therefore, in the name of the state of Ohio, I command you to receive the said E.F. into your custody, in the jail of the county aforesaid, there to remain until discharged by due course of law. Given under my hand, this __________ day of A.B., Judge COMMITMENT PENDING EXAMINATION The State of Ohio, ____________________ Co...

Section 2937.46 | Uniform rules for practice and procedure in traffic cases.

...ngs or for receiving pleas or bail at times when courts are not in session; (5) Fixing of reasonable bonds, and disposition of cases in which bonds have been forfeited. (B) Except as otherwise specified in division (N) of section 4511.19 of the Revised Code, all of the rules described in division (A) of this section, when promulgated by the supreme court, shall be fully binding on all courts inferior to the court o...

Section 2937.99 | Penalty.

...ure to appear and shall be punished as set forth in division (B) or (C) of this section. (B) If the release was in connection with a felony charge or pending appeal after conviction of a felony, failure to appear is a felony of the fourth degree. (C) If the release was in connection with a misdemeanor charge or for appearance as a witness, failure to appear is a misdemeanor of the first degree. (D) This section ...

Section 2938.01 | Trial - magistrate courts definitions.

...The definition of "magistrate" set forth in section 2931.01 of the Revised Code, and the definition of "peace officer," "prosecutor," and "offense" set forth in section 2935.01 of the Revised Code applies to Chapter 2938 of the Revised Code.

Section 2938.02 | Applicability of chapter.

... peace, which may be instituted in and retained for trial on the merits in any court or before any magistrate inferior to the court of common pleas; provided that in juvenile courts, where the conduct of any person under the age of eighteen years is made the subject of inquiry and for which special provision is made by Chapter 2151. or 2152. of the Revised Code, such matters shall be tried, adjusted, or disposed of p...

Section 2938.03 | Setting criminal cases for trial - continuances - assignment of judges.

...whose volume of criminal cases requires assistance.

Section 2938.04 | Jury demand.

...less than three days prior to the date set for trial or on the day following receipt of notice whichever is the later. Failure to claim jury trial as provided in this section is a complete waiver of right thereto. In courts not of record jury trial may not be had, but failure to waive jury in writing where right to jury trial may be asserted shall require the magistrate to certify such case to a court of record as pr...

Section 2938.05 | Withdrawal of jury demand.

..., require accused to pay all costs of mileage and fees of the summoned jurors for one day's service, notwithstanding the outcome of the case. No withdrawal of claim for jury shall effect any re-transfer of a case, once it has been certified to a court of record.

Section 2938.06 | Number of jurors - peremptory challenges.

...uch case the number of pre-emptory challenges shall be limited to two on each side.

Section 2938.07 | Control of trial proceedings.

...f evidence and argument of counsel to relevant and material matters with a view to expeditious and effective ascertainment of truth regarding the matters in issue.

Section 2938.08 | Defendant presumed innocent.

...ed, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he shall be acquitted. The presumption of innocence places upon the state (or the municipality) the burden of proving him guilty beyond a reasonable doubt. In charging a jury the trial court shall state the meaning of the presumption of innocence and of reasonable doubt in each case.

Section 2938.09 | Grounds for objection.

...In the trial of any criminal case, the grounds of an objection to any ruling or action of the judge or magistrate shall be stated if required by him.

Section 2938.10 | Proof of territorial jurisdiction.

...The state or municipality in all cases must prove the offense committed within the territorial jurisdiction of the court, and in ordinance cases within the municipality, except as to those offenses in which the court has county wide jurisdiction created by statute and as to those cases in which certification has been made pursuant to section 2937.08 of the Revised Code.

Section 2938.11 | Order of trial.

...room unless the trial judge in his discretion shall so order. (F) Any verdict arrived at by the jury, or finding determined by the judge or magistrate in trial to the court, shall be announced and received only in open court as soon as it is determined. Any finding by the judge or magistrate shall be announced in open court not more than forty-eight hours after submission of the case to him.

Section 2938.12 | Presence of defendant required.

... being tried escapes or departs without leave, the trial shall proceed and verdict or finding be received and sentence passed as if he were personally present.

Section 2938.13 | Prosecution of criminal cases.

...l case by private attorney employed or retained by a complaining witness.

Section 2938.14 | Venires for juries.

...ecord inferior to the court of common pleas shall be drawn and summoned in the manner provided in the various acts creating such courts. But no challenge to the array shall be sustained in any case for the reason that some of the jurors are not residents of the territory of the court, if it appears that the jurors were regularly drawn and certified by the jury commissioners of county or municipality as the cas...

Section 2938.15 | Rules of evidence and procedure.

...and joinder of defendants and offenses set forth in Chapter 2945. of the Revised Code, which are not, by their nature, inapplicable to the trial of misdemeanors, shall prevail in trials under Chapter 2938. of the Revised Code where no special provision is made in such chapter, or where no provision is made by rule of the supreme court adopted pursuant to section 2937.46 of the Revised Code.