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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.

Ohio Revised Code Search

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rules of civil procedure in general court
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Section 2937.40 | Discharge and release of bail and sureties.

...a) By delivery of the accused into open court; (b) When, on the written request of the surety or depositor, the clerk of the court to which recognizance is returnable or in which deposit is made issues to the sheriff a warrant for the arrest of the accused and the sheriff indicates on the return that the sheriff holds the accused in the sheriff's jail. (2) By appearance of the accused in accordance with the terms...

Section 2937.41 | Discharge of recognizance.

...of bail, the magistrate or clerk of the court shall return, subject to division (B) or (C) of section 2937.40 of the Revised Code, deposited cash or securities to the depositor, but the magistrate or clerk of the court may require presentation of an issued original receipt as a condition to the return. In the case of discharged recognizances, subject to division (B) or (C) of section 2937.40 of the Revised Code, the ...

Section 2937.42 | Defect in form of recognizance.

... 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.

...ection 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.

...ound E.F. personally appears before the court of common pleas on the first day of the next term thereof, then and there to answer a charge of (here name the offense with which the accused is charged) and abide the judgment of the court and not depart without leave, then this recognizance shall be void; otherwise it shall be and remain in full force and virtue in law. Taken and acknowledged before me, on the day and ...

Section 2937.45 | Commitment forms.

..._ dollars for his 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, ______...

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

...d related ordinances, may make uniform rules for practice and procedure in courts inferior to the court of common pleas not inconsistent with the provisions of Chapter 2937. of the Revised Code, including, but not limited to: (1) Separation of arraignment and trial of traffic and other types of cases; (2) Consolidation of cases for trial; (3) Transfer of cases within the same county for the purpose of trial; (4)...

Section 2937.99 | Penalty.

...(A) No person shall fail to appear as required, after having been released pursuant to section 2937.29 of the Revised Code. Whoever violates this section is guilty of failure 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. ...

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.

...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 pursuant to Chapter 2151. or 2152. of th...

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

...al cases shall be given precedence over civil matters in all assignments for trial and if the volume of contested criminal matters in courts of more than one judge is such as to require it, the chief justice or presiding judge of such court shall assign additional judges from other divisions of the court to assist in the trial of such criminal matters; in the case of county courts, the presiding judge of the court of...

Section 2938.04 | Jury demand.

...In courts of record right to trial by jury as defined in section 2945.17 of the Revised Code shall be claimed by making demand in writing therefor and filing the same with the clerk of the court not 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 cour...

Section 2938.05 | Withdrawal of jury demand.

...ten waiver of jury but in such case the court may, if a jury has been summoned, 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.

...If the number of jurors to be sworn in a case is not stated in the claim, the number to be sworn shall be twelve, but the accused may stipulate for a jury of six, provided in such case the number of pre-emptory challenges shall be limited to two on each side.

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.

Section 2938.08 | Defendant presumed innocent.

...le 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.

...hin 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.

...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 magistrate, in t...

Section 2938.12 | Presence of defendant required.

... 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 were personal...

Section 2938.13 | Prosecution of criminal cases.

...epresented by counsel may with leave of court, withdraw from the case. But the magistrate or judge shall not permit prosecution of any criminal case by private attorney employed or retained by a complaining witness.

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 mun...

Section 2938.15 | Rules of evidence and procedure.

...rovision is made by rule of the supreme court adopted pursuant to section 2937.46 of the Revised Code.

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.

Section 2939.02 | Grand jury selection and composition.

...ersons 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 shall randomly draw from the annual jury list the names of not fewer than twenty-five persons. The first fifteen persons whose names are dra...