Ohio Revised Code Search
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Section 2938.07 | Control of trial proceedings.
...The magistrate or judge of the trial court shall control all proceedings during a criminal trial and shall limit the introduction of 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. |
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Section 2938.08 | Defendant presumed innocent.
...A defendant in a criminal action is presumed to be innocent until he is proved guilty of the offense charged, 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 presumptio... |
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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. |
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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. |
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Section 2938.11 | Order of trial.
...The trial of an issue shall proceed before the trial court or jury as follows: (A) Counsel may state the case for the prosecution, including the evidence by which he expects to sustain it. (B) Counsel for the defendant may state his defense, including the evidence which he expects to offer. (C) The prosecution then shall produce all its evidence, and the defendant may follow with his evidence, but the court or mag... |
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Section 2938.12 | Presence of defendant required.
...A person being tried for a misdemeanor, either to the court, or to a jury, upon request in writing, subscribed by him, may, with the consent of the judge or magistrate, be tried in his absence, but no right shall exist in the defendant to be so tried. If after trial commences a person being tried escapes or departs without leave, the trial shall proceed and verdict or finding be received and sentence passed as if he... |
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Section 2938.13 | Prosecution of criminal cases.
...In any case prosecuted for violation of a municipal ordinance the village solicitor or city director of law, and for a statute, he or the prosecuting attorney, shall present the case for the municipal corporation and the state respectively, but either may delegate the responsibility to some other attorney in a proper case, or, if the defendant be unrepresented by counsel may with leave of court, withdraw from the cas... |
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Section 2938.14 | Venires for juries.
... Jurors in courts of record 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 mu... |
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Section 2938.15 | Rules of evidence and procedure.
...The rules of evidence and procedure, including those governing notices, proof of special matters, depositions, 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 b... |
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Section 2939.01 | Grand jury definitions.
...The definition of "magistrate" set forth in section 2931.01 of the Revised Code applies to Chapter 2939. of the Revised Code. |
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Section 2939.02 | Grand jury selection and composition.
...Grand juries shall consist of fifteen persons who satisfy the qualifications of a juror specified in section 2313.17 of the Revised Code. Persons to serve as grand jurors in the court of common pleas of each county shall be selected from the persons whose names are contained in the annual jury list. At the time of the selection of the persons who are to constitute the grand jury, the commissioners of jurors sh... |
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Section 2939.03 | Grand juror drawing, notification, exemptions.
... Except for a foreperson selected by the judge of the court of common pleas under section 2939.02 of the Revised Code, a grand jury is drawn and notified in the same manner as other jurors are drawn and notified under Chapter 2313. of the Revised Code. Grand jurors so drawn and notified are not entitled to an exemption for any reason but may be excused from service or have their service postponed for the same r... |
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Section 2939.031 | Additional or alternate jurors.
...When it appears to the judge impaneling a grand jury that the inquiry is likely to be protracted, or upon direction of the judge, an additional or alternate juror shall be selected in the same manner as the regular jurors in the inquiry are selected. The additional or alternate juror shall be sworn and seated near the jury, with equal opportunity for seeing and hearing the proceedings, shall attend the inquiry at all... |
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Section 2939.04 | Compensation - prohibition of repeated service in same term.
...The compensation of grand jurors shall be fixed by resolution of the board of county commissioners, not to exceed forty dollars for each day's attendance, payable out of the county treasury. Except in counties of less than one hundred thousand population according to the last federal census, in which counties the judge of the court of common pleas shall make rules in the judge's own county applicable to subsequent gr... |
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Section 2939.06 | Oath or affirmation of grand jurors.
... (A) When a grand jury is impaneled, the court of common pleas shall appoint one of the members of the grand jury as foreperson, and shall administer, or cause to be administered, to the jurors an oath in the following words to which the jurors shall respond "I do solemnly swear" or "I do solemnly affirm": "Do you solemnly swear or affirm that you will diligently inquire into and carefully deliberate all matters th... |
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Section 2939.07 | Charge of jurors by judge.
...The grand jurors, after being sworn, shall be charged as to their duty by the judge of the court of common pleas, who shall call their attention particularly to the obligation of secrecy which their oaths impose, and explain to them the law applicable to such matters as may be brought before them. |
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Section 2939.08 | Grand jury duty after charge.
...After the charge of the court of common pleas, the grand jury shall retire with the officer appointed to attend it, and proceed to inquire of and present all offenses committed within the county. |
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Section 2939.09 | Clerk - minutes.
...The grand jury may appoint one of its members to be its clerk to preserve the minutes of its proceedings and actions in all cases pending before it. Such minutes shall be delivered to the prosecuting attorney before the jury is discharged. |
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Section 2939.10 | Prosecuting attorney to have access to grand jury.
...The prosecuting attorney or assistant prosecuting attorney may at all times appear before the grand jury to give information relative to a matter cognizable by it, or advice upon a legal matter when required. The prosecuting attorney may interrogate witnesses before the grand jury when the grand jury or the prosecuting attorney finds it necessary, but no person other than the grand jurors shall be permitted to remain... |
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Section 2939.11 | Official reporter.
...The official reporter of the county, or any reporter designated by the court of common pleas, at the request of the prosecuting attorney, or any such reporter designated by the attorney general in investigations conducted by the attorney general, may take notes of or electronically record testimony before the grand jury, and furnish a transcript to the prosecuting attorney or the attorney general, and to no oth... |
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Section 2939.12 | Clerk of court to issue subpoenas for witnesses.
...When required by the grand jury, prosecuting attorney, or judge of the court of common pleas, the clerk of the court of common pleas shall issue subpoenas and other process to any county to bring witnesses to testify before such jury. |
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Section 2939.121 | Employer may not penalize employee for being subpoenaed before grand jury.
...No employer shall discharge or terminate from employment, threaten to discharge or terminate from employment, or otherwise punish or penalize any employee because of time lost from regular employment as a result of the employee's attendance at any proceeding before a grand jury pursuant to a subpoena. This section generally does not require and shall not be construed to require an employer to pay an employee for time... |
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Section 2939.13 | Oath of witnesses.
...Before a witness is examined by the grand jury, an oath shall be administered to him by the foreman of the grand jury or by the judge of the court of common pleas or the clerk of the court of common pleas, truly to testify of such matters and things as may lawfully be inquired of before such jury. A certificate that the oath has been administered shall be indorsed on the subpoena of the witness or otherwise made by t... |
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Section 2939.14 | Witness refusing to testify.
...If a witness before a grand jury refuses to answer an interrogatory, the court of common pleas shall be informed in writing, in which such interrogatory shall be stated, with the excuse for the refusal given by the witness. The court shall determine whether the witness is required to answer, and the grand jury shall be forthwith informed of such decision. |
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Section 2939.15 | Contempt proceedings against witness refusing to testify.
...If the court of common pleas determines that a witness before a grand jury is required to answer an interrogatory and such witness persists in his refusal, he shall be brought before the court, which shall proceed in a like manner as if such witness had been interrogated and refused to answer in open court. |
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Section 3325.13 | Employees food service fund.
... Ohio deaf and blind education services employees food service fund is hereby created in the state treasury. The fund shall consist of payments received from employees who make purchases from the food service program of the state school for the blind or state school for the deaf. Notwithstanding section 3325.01 of the Revised Code, the approval of the department of education and workforce is not required to designate... |
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Section 3326.082 | Computer science and technology fund.
... (A) The governing body of any science, technology, engineering, or mathematics school established under this chapter may establish a computer science and technology fund to support computer science programs and professional development related to those programs operated by the school. The fund may consist of school moneys that legally may be used for that purpose and that are not otherwise designated for other purp... |
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Section 3326.28 | Procurement of epinephrine autoinjectors for STEM schools.
... (A) With the approval of its governing body, a STEM school established under this chapter may procure epinephrine autoinjectors in the manner prescribed by section 3313.7110 of the Revised Code. A STEM school that elects to do so shall comply with all provisions of that section as if it were a school district. (B)(1) The following are not liable in damages in a civil action for injury, death, or loss to person or... |
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Section 3326.30 | Procurement of inhalers by STEM school.
... (A) As used in this section, "inhaler" has the same meaning as in section 3313.7113 of the Revised Code. (B) With the approval of its governing body, a STEM school may procure inhalers in the manner prescribed by section 3313.7113 of the Revised Code. A STEM school that elects to do so shall comply with all provisions of that section as if it were a school district. (C) A STEM school, a member of a STEM school... |
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Section 3326.52 | Policies for use of credit card accounts.
...(A) Not later than three months after the effective date of this section, the governing body of a STEM school that holds a credit card account on the effective date of this section shall adopt a written policy for the use of credit card accounts. Otherwise, a governing body shall adopt a written policy before first holding a credit card account. The policy shall include provisions addressing all of the following: ... |
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Section 3326.60 | Procurement of glucagon, qualified immunity.
... (A) With the approval of its governing body, a STEM school established under this chapter may procure injectable or nasally administered glucagon in the manner prescribed by section 3313.7115 of the Revised Code. A STEM school that elects to do so shall comply with all provisions of that section as if it were a school district. (B)(1) The following are not liable in damages in a civil action for injury, death, or... |
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Section 3326.62 | Overdose reversal drug policy.
... (A) A STEM school established under this chapter that elects under section 3715.50 of the Revised Code to obtain and maintain a supply of an overdose reversal drug for use in an emergency situation shall comply with all provisions of section 3313.7119 of the Revised Code as if it were a school district. (B) A STEM school may accept donations of money from any person or entity to purchase overdose reversal drugs. A... |
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Section 3327.07 | Fee for transportation charged by chartered nonpublic schools.
...(A) The governing authority of a chartered nonpublic school that transports a student enrolled in the school to and from school and to and from school-sponsored activities, including extracurricular activities, may charge the parent or guardian of the student a fee for the transportation, if the governing authority purchased the vehicle that transports the student using no state or federal funds. The fee shall not ex... |
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Section 3328.29 | Procurement of epinephrine autoinjectors for college-preparatory boarding schools.
... (A) With the approval of its board of trustees, a college-preparatory boarding school established under this chapter may procure epinephrine autoinjectors in the manner prescribed by section 3313.7110 of the Revised Code. A college-preparatory boarding school that elects to do so shall comply with all provisions of that section as if it were a school district. (B)(1) The following are not liable in damages in a c... |
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Section 3328.30 | Procurement of inhalers by college-preparatory boarding school.
... (A) As used in this section, "inhaler" has the same meaning as in section 3313.7113 of the Revised Code. (B) With the approval of its board of trustees, a college-preparatory boarding school may procure inhalers in the manner prescribed by section 3313.7113 of the Revised Code. A college-preparatory boarding school that elects to do so shall comply with all provisions of that section as if it were a school distri... |
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Section 3328.38 | Procurement of glucagon, qualified immunity.
... (A) With the approval of its board of trustees, a college-preparatory boarding school established under this chapter may procure injectable or nasally administered glucagon in the manner prescribed by section 3313.7115 of the Revised Code. A college-preparatory boarding school that elects to do so shall comply with all provisions of that section as if it were a school district. (B)(1) The following are not liable... |
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Section 3328.40 | Overdose reversal drug policy.
... (A) A college-preparatory boarding school established under this chapter that elects under section 3715.50 of the Revised Code to obtain and maintain a supply of an overdose reversal drug for use in an emergency situation shall comply with all provisions of section 3313.7119 of the Revised Code as if it were a school district. (B) A college-preparatory boarding school may accept donations of money from any person ... |
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Section 3328.52 | Policies for use of credit card accounts.
...(A) Not later than three months after the effective date of this section, the board of trustees of a college-preparatory boarding school that holds a credit card account on the effective date of this section shall adopt a written policy for the use of credit card accounts. Otherwise, a board shall adopt a written policy before first holding a credit card account. The policy shall include provisions addressing all ... |
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Section 3329.03 | Violation of contract by publisher.
... If a publisher who files a statement under section 3329.01 of the Revised Code, fails or refuses to furnish such textbooks or electronic textbooks adopted as provided in sections 3329.01 to 3329.10 of the Revised Code to any board of education upon the terms provided in such sections, such board at once must notify the department of education and workforce of such failure or refusal, and the department at once shall... |
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Section 3333.044 | Contracting with consultants - liability insurance.
... (A) The chancellor of higher education may contract with any consultants that are necessary for the discharge of the chancellor's duties under this chapter. (B) The chancellor may purchase, upon the terms that the chancellor determines to be advisable, one or more policies of insurance from insurers authorized to do business in this state that insure consultants who have contracted with the chancellor under divis... |
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Section 3333.071 | Restricting expenditures for land or capital improvements.
...Notwithstanding section 3345.16 of the Revised Code, no expenditure shall be made for land for higher education purposes by public institutions of higher education or agents of such institutions from any fund without the approval of the chancellor of higher education and the controlling board. No state appropriation for capital improvements shall be released by the controlling board for the purchase of land or buildi... |
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Section 3333.08 | Appropriating property.
...It is the declared policy of this state that the availability of eminent domain on behalf of educational institutions of higher education is in the public welfare. A private college, university, or other institution of higher education may therefore apply to the chancellor of higher education for the right to appropriate property when such institution is unable to agree with the owner or owners of the subject propert... |
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Section 3333.09 | Conveyances - lease-back agreements.
..."Public university or college," as used in this section, means any nonprofit university or college situated within this state which is open to the public on equal terms and which is not affiliated with or controlled by an organization which is not primarily educational in nature. Any such university or college shall be considered to be serving a public purpose. The chancellor of higher education may, upon the chance... |
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Section 3333.421 | Ohio hidden hero scholarship programs.
... (A) As used in this section: (1) "Eligible caregiver" means an individual who is enrolled as a family caregiver under the "Program of Comprehensive Assistance for Family Caregivers," 38 U.S.C. 1720G and who provides care to a veteran, as defined in section 3333.31 of the Revised Code, who has a one hundred per cent service-connected disability. (2) "Institution of higher education" has the same meaning as in sec... |
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Section 3334.12 | Evaluation of actuarial soundness of tuition trust fund - termination - annual financial report.
...Notwithstanding anything to the contrary in sections 3334.07 and 3334.09 of the Revised Code: (A) Annually, the Ohio tuition trust authority shall have the actuarial soundness of the Ohio tuition trust fund evaluated by a nationally recognized actuary and shall determine whether additional assets are necessary to defray the obligations of the authority. If, after the authority sets the price for tuition units, ... |
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Section 3335.13 | Title to lands and investment properties.
...The title for all lands for the use of the Ohio state university shall be made in fee simple to the state, with covenants of seizin and warranty, and no title shall be taken by the state for the use of the university until the attorney general is satisfied that it is free from all defects and encumbrances. The title in properties, real and personal, purchased by the board of trustees as an investment, and held in the... |
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Section 3337.07 | Operation and control of dormitories.
...The body corporate known as the president and trustees of the Ohio university may purchase a site therefor and construct, equip, maintain, and operate thereupon or upon sites within the campus of the university as it may designate therefor, buildings to be used as dormitories for students and members of the faculty and servants of the university, and to pay for same out of any funds in its possession derived from the... |
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Section 3339.03 | Purchase of university-owned land.
...The owners of leases of land or town lots from the president and trustees of the Miami university may pay to the treasurer of the university such sum of money as, placed at interest at four per cent, would yield the amount of rent reserved in the original lease, or in the case of a division of the original tract or parcel leased, would equal the proper aliquot part thereof, or the part agreed upon by the several owne... |
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Section 3345.05 | Administration of moneys - annual reports by recipients - investments - investment committee.
...(A) All registration fees, nonresident tuition fees, academic fees for the support of off-campus instruction, laboratory and course fees when so assessed and collected, student health fees for the support of a student health service, all other fees, deposits, charges, receipts, and income from all or part of the students, all subsidy or other payments from state appropriations, and all other fees, deposits, charges, ... |
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Section 3345.16 | Board of trustees to receive and hold property or funds - investments - endowments.
... The powers and duties prescribed under this section for the board of trustees of a state college or university are subject to section 3345.161 of the Revised Code. The board of trustees of a state college or university may receive, and hold in trust, for the use and benefit of the college or university any grant or devise of land, and donation or bequest of money or other personal property, to be applied to the ge... |