reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.14 | Entering Reason for Change in Charge on Journal of Court.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
In any case in which accused is held or recognized to appear for trial on any charge other than the one on which he was arraigned the court or magistrate shall enter the reason for such charge on the journal of the court (if a court of record) or on the docket (if a court not of record) and shall file with the papers in the case the text of the charge found by him to be sustained by the evidence.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.15 | Transcript of Preliminary Hearing.

Effective:
October 14, 1986
Latest Legislation:
House Bill 108 - 116th General Assembly
Upon the conclusion of the hearing and finding, the magistrate, or if a court of record, the clerk of such court, shall complete all notations of appearance, motions, pleas, and findings on the criminal docket of the court, and shall transmit a transcript of the appearance docket entries, together with a copy of the original complaint and affidavits, if any, filed with the complaint, the journal or docket entry of reason for changes in the charge, if any, together with the order setting bail and the bail deposit, if any, filed, and together with the videotaped testimony, if any, prepared in accordance with division (C) of section 2937.11 of the Revised Code, to the clerk of the court in which the accused is to appear. Such transcript shall contain an itemized account of the costs accrued.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.16 | When Witnesses Shall Be Recognized to Appear.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an accused enters into a recognizance or is committed in default thereof, the judge or magistrate shall require such witnesses against the prisoner as he finds necessary, to enter into a recognizance to appear and testify before the proper court at a proper time, and not depart from such court without leave. If the judge or magistrate finds it necessary he may require such witnesses to give sufficient surety to appear at such court.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.17 | Recognizance for Minor.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person may be liable in a recognizance for a minor to appear as a witness, or the judge or magistrate may take the minor's recognizance, in a sufficient sum, which is valid notwithstanding the disability of minority.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.18 | Commitment of Witness Refusing to Give Recognizance.

Effective:
March 23, 1973
Latest Legislation:
House Bill 511 - 109th General Assembly
If a witness ordered to give recognizance fails to comply with such order, the judge or magistrate shall commit him to such custody or open or close detention as may be appropriate under the circumstances, until he complies with the order or is discharged. Commitment of the witness may be to the custody of any suitable person or public or private agency, or to an appropriate detention facility other than a jail, or to a jail, but the witness shall not be confined in association with prisoners charged with or convicted of crime. The witness, in lieu of the fee ordinarily allowed witnesses, shall be allowed twenty-five dollars for each day of custody or detention under such order, and shall be allowed mileage as provided for other witnesses, calculated on the distance from his home to the place of giving testimony and return. All proceedings in the case or cases in which the witness is held to appear shall be given priority over other cases and had with all due speed.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.19 | Subpoenas or Other Process to Bring Witnesses or Documents.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
The magistrate or judge or clerk of the court in which proceedings are being had may issue subpoenas or other process to bring witnesses or documents before the magistrate or court in hearings pending before him either under Chapter 2937. or 2938. of the Revised Code.
In complaints to keep the peace a subpoena must be served within the county, or, in cases of misdemeanors and ordinance offenses, it may be served at any place in this state within one hundred miles of the place where the court or magistrate is scheduled to sit; in felony cases it may be served at any place within this state. In cases where such process is to be served outside the county, it may be issued to be served either by the bailiff or constable of the court or by a sheriff or police officer either by the county in which the court or magistrate sits or in which process is to be served.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.21 | Continuances.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
No continuance at any stage of the proceeding, including that for determination of a motion, shall extend for more than ten days unless both the state and the accused consent thereto. Any continuance or delay in ruling contrary to the provisions of this section shall, unless procured by defendant or his counsel, be grounds for discharge of the defendant forthwith.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.22 | Form of Bail.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) Bail is security for the appearance of an accused to appear and answer to a specific criminal or quasi-criminal charge in any court or before any magistrate at a specific time or at any time to which a case may be continued, and not depart without leave. It may take any of the following forms:
(1) The deposit of cash by the accused or by some other person for the accused;
(2) The deposit by the accused or by some other person for the accused in form of bonds of the United States, this state, or any political subdivision thereof in a face amount equal to the sum set by the court or magistrate. In case of bonds not negotiable by delivery such bonds shall be properly endorsed for transfer.
(3) The written undertaking by one or more persons to forfeit the sum of money set by the court or magistrate, if the accused is in default for appearance, which shall be known as a recognizance.
(B) Whenever a person is charged with any offense other than a traffic offense that is not a moving violation and posts bail, the person shall pay a surcharge of twenty-five dollars. The clerk of the court shall retain the twenty-five dollars until the person is convicted, pleads guilty, forfeits bail, is found not guilty, or has the charges dismissed. If the person is convicted, pleads guilty, or forfeits bail, the clerk shall transmit the twenty-five dollars on or before the twentieth day of the month following the month in which the person was convicted, pleaded guilty, or forfeited bail to the treasurer of state, and the treasurer of state shall deposit it into the indigent defense support fund created under section 120.08 of the Revised Code. If the person is found not guilty or the charges are dismissed, the clerk shall return the twenty-five dollars to the person.
(C) All bail shall be received by the clerk of the court, deputy clerk of court, or by the magistrate, or by a special referee appointed by the supreme court pursuant to section 2937.46 of the Revised Code, and, except in cases of recognizances, receipt shall be given therefor.
(D) As used in this section, "moving violation" has the same meaning as in section 2743.70 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.24 | Oath to Surety - Form of Affidavit.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a recognizance is offered under section 2937.22 of the Revised Code, the surety on which recognizance qualifies as a real property owner, the judge or magistrate shall require such surety to pledge to this state real property owned by the surety and located in this state. Whenever such pledge of real property has been given by any such proposed surety, he shall execute the usual form of recognizance, and in addition thereto there shall be filed his affidavit of justification of suretyship, to be attached to said recognizance as a part thereof. The surety may be required in such affidavit to depose as to whether he is, at the time of executing the same, surety upon any other recognizance and as to whether there are any unsatisfied judgments or executions against him. He may also be required to state any other fact which the court thinks relevant and material to a correct determination of the surety's sufficiency to act as bail. Such surety shall state in such affidavit where notices under section 2937.38 of the Revised Code may be served on himself, and service of notice of summons at such place is sufficient service for all purposes.
Such affidavit shall be executed by the proposed surety under an oath and may be in the following form:
"State of Ohio, County of __________________,ss:
______________ residing at __________________, who offers himself as surety for __________ being first duly sworn, says that he owns in his own legal right, real property subject to execution, located in the county of __________, State of Ohio, consisting of __________ and described as follows to wit: __________; that the title to the same is in his own name; that the value of the same is not less than __________ dollars, and is subject to no encumbrances whatever except __________; that he is not surety upon any unpaid or forfeited recognizance, and that he is not party to any unsatisfied judgment upon any recognizance; that he is worth not less than __________ dollars over and above all debts, liabilities, and lawful claims against him, and all liens, encumbrances, and lawful claims against his property."
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.25 | Lien - Form.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon the execution of any recognizance in an amount in excess of two hundred dollars in the usual form, and an affidavit of justification under section 2937.24 of the Revised Code, there shall attach to the real property described in said affidavit of justification, a lien in favor of this state in the penal sum of the recognizance, which lien shall remain in full force and effect during such time as such recognizance remains effective, or until further order of the court. Upon the acceptance by the judge or magistrate of such recognizance, containing such affidavit of justification, the said recognizance shall be immediately filed with the clerk of said court, if there is a clerk, or with the magistrate. The clerk of the court or the magistrate shall forthwith, upon the filing with him of such recognizance, file with the county recorder of the county in which such real property is located, a notice or lien, in writing, in substance as follows:
"To whom it may concern:
Take notice that the hereinafter described real property, located in the county of __________, has been pledged for the sum of __________ dollars, to the state of Ohio, by __________ surety upon the recognizance of __________ in a certain cause pending in the __________ court of the county (or city) of __________, to wit: the state of Ohio, plaintiff, versus __________ defendant, known and identified in such court as cause No. ______
Description of real estate: ____________________ Clerk of the court for the county of __________ or __________ Magistrate.
Dated _______________"
From the time of the filing and recording of such notice it is notice to everyone that the real property therein described has been pledged to this state as security for the performance of the conditions of a criminal recognizance in the penal sum set forth in said recognizance and notice. Such lien does not affect the validity of prior liens on said property.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.26 | Cancellation of Lien - Form.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever, by the order of a court, a recognizance under sections 2937.24 and 2937.25 of the Revised Code has been canceled, discharged, or set aside, or the cause in which such recognizance is taken has been dismissed or otherwise terminated the clerk of such court shall forthwith file with the county recorder of the county in which the real property is located, a notice of discharge in writing, in substance as follows:
"To whom it may concern:
Take notice that by the order of the court of _______________ (naming court) _______________ of the county (or city) of __________, the recognizance of _______________ as principal, and _______________ as surety, given in the cause of the State of Ohio, plaintiff, versus _______________, defendant, known and identified as Cause No. ________ in said court, is canceled, discharged, and set aside, and the lien of the State of Ohio on the real property therein pledged as security, is hereby waived, discharged, and set aside.
____________________ Clerk of the court.
Dated _______________"
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.27 | Duties of County Recorder.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
The county recorder of the county in which the property of a surety on a recognizance is located, shall keep and file in the official records all notices of lien and notices of discharge that are filed with the county recorder pursuant to section 2937.26 of the Revised Code. When a lien has been released or discharged for a period of one year, the county recorder may destroy all notices of such lien. The county recorder may use any nonpaper electronic or magnetic medium specified in section 9.01 of the Revised Code to record the notices of lien and the notices of discharge. If the county recorder wishes to dispose of paper versions of the notices because they are no longer needed in that format, the county recorder shall request the county records commission to revise the county's schedule of records retention and disposal in accordance with section 149.38 of the Revised Code to provide for the disposal of those paper records.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.28 | Pledge of Real Property as Bail.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
All recognizances shall be returnable to and all deposits shall be held by or subject to the order of the court or magistrate before whom the accused is to appear initially, and upon the transfer of the case to any other court or magistrate shall be returnable to and transmitted to the transferee court or magistrate.
It is not necessary for the accused to give new recognizance for appearance in common pleas court for arraignment upon indictment or pending appeal after judgment and sentence, unless the magistrate or judge of the trial court or the court to which appeal is taken, shall, for good cause shown, increase or decrease the amount of the recognizance, but such recognizance shall continue and be in full force until trial and appeal therefrom is finally determined. When two or more charges are filed, or indictments returned, against the same person at or about the same time, the recognizance given may be made to include all offenses charged against the accused.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.281 | Recognizance Forms.

Effective:
July 1, 1976
Latest Legislation:
House Bill 300 - 111th General Assembly
In cases of felony, the recognizance shall be signed by the accused and one or more adult residents of the county in which the case is pending, who shall own, in the aggregate, real property double the amount set as bail, over and above all encumbrances and liable to execution in at least that amount; or it may be signed by the accused and a surety company authorized to do business in this state.
In cases of misdemeanor, the recognizance may be signed by the accused and one or more adult residents, qualified as set forth above or as to personal property ownership, by the accused and surety company, or, if authorized by judge or magistrate, by the accused alone. In cases of misdemeanors arising under Chapters 4501., 4503., 4505., 4507., 4509., 4511., 4513., 4517., and 4549. of the Revised Code, and related ordinance offenses (except those of driving under the influence of intoxicating liquor or controlled substances and leaving the scene of an accident) the court or magistrate shall accept guaranteed arrest bond with respect to which a surety company has become surety as provided in section 3929.141 of the Revised Code in lieu of cash bail in an amount not to exceed two hundred dollars.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.29 | Release on Own Recognizance.

Effective:
August 10, 1965
Latest Legislation:
House Bill 47 - 106th General Assembly
When from all the circumstances the court is of the opinion that the accused will appear as required, either before or after conviction, the accused may be released on his own recognizance. A failure to appear as required by such recognizance shall constitute an offense subject to the penalty provided in section 2937.99 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.30 | Recognizance When Accused Discharged.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
When a defendant is discharged by the trial court otherwise than on a verdict or finding of acquittal, or when the appellate court reverses a conviction and orders the discharge of the defendant and the state or municipality signifies its intention to appeal therefrom, or the record is certified to the supreme court, the defendant shall not be discharged if he is in jail, nor the surety discharged or deposit released if the defendant is on bail, but the trial court, or the court to which appeal is taken may make order for his release on his own recognizance or bail, or recommit him.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.31 | Recognizance or Deposit for Appearance of Accused.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
If an accused is held to answer and offers sufficient bail, a recognizance or deposit shall be taken for his appearance to answer the charge before such magistrate or before such court to which proceedings may be transferred pursuant to Chapter 2937. of the Revised Code, at a date certain, or from day to day, or in case of the common pleas court on the first day of the next term thereof, and not depart without leave.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.32 | Detention Where Bail Not Granted or Sufficient Bail Not Offered.

Effective:
July 29, 1999
Latest Legislation:
Senate Bill 8 - 123rd General Assembly
If an offense is not bailable, if the court denies bail to the accused, or if the accused does not offer sufficient bail, the court shall order the accused to be detained.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.33 | Receipt of Recognizance.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
When a transcript or recognizance is received by the clerk of the court of common pleas, or of any court of record to which proceedings are transferred, he shall enter the same upon the appearance docket of the court, with the date of the filing of such transcript or recognizance, the date and amount of the recognizance, the names of the sureties, and the costs. Such recognizance is then of record in such court, and is proceeded on by process issuing therefrom, in a like manner as if it had been entered into before such court. When a court having recognizance of an offense takes a recognizance, it is a sufficient record thereof to enter upon the journal of such court the title of the case, the crime charged, the names of the sureties, the amount of the recognizance, and the time therein required for the appearance of the accused. In making the complete record, when required to be made, recognizances whether returned to or taken in such court shall be recorded in full, if required by the prosecutor or the accused.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.34 | Accused Unlawfully Detained - Examining Court to Be Held.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a person is committed to jail, charged with an offense for which he has not been indicted, and claims to be unlawfully detained, the sheriff on demand of the accused or his counsel shall forthwith notify the court of common pleas, and the prosecuting attorney, to attend an examining court, the time of which shall be fixed by the judge. The judge shall hear said cause or complaint, examine the witnesses, and make such order as the justice of the case requires, and for such purpose the court may admit to bail, release without bond, or recommit to jail in accordance with the commitment. In the absence of the judge of the court of common pleas, the probate judge shall hold such examining court.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.35 | Forfeiture of Bail.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
Upon the failure of the accused or witness to appear in accordance with its terms the bail may in open court be adjudged forfeit, in whole or in part by the court or magistrate before whom he is to appear. But such court or magistrate may, in its discretion, continue the cause to a later date certain, giving notice of such date to him and the bail depositor or sureties, and adjudge the bail forfeit upon failure to appear at such later date.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.36 | Forfeiture of Bail Proceedings.

Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
Upon declaration of forfeiture, the magistrate or clerk of the court adjudging forfeiture shall proceed as follows:
(A) As to each bail, the magistrate or clerk shall proceed forthwith to deal with the sum deposited as if the same were imposed as a fine for the offense charged and distribute and account for the same accordingly provided that prior to so doing, the magistrate or clerk may satisfy accrued costs in the case out of the fund.
(B) As to any securities deposited, the magistrate or clerk shall proceed to sell the same, either at public sale advertised in the same manner as sale on chattel execution, or through any state or national bank performing such service upon the over the counter securities market and shall apply proceeds of sale, less costs or brokerage thereof as in cases of forfeited cash bail. Prior to such sale, the clerk shall give notices by ordinary mail to the depositor, at the depositor's address listed of record, if any, of the intention so to do, and such sale shall not proceed if the depositor, within ten days of mailing of such notice appears, and redeems said securities by either producing the body of the defendant in open court or posting the amount set in the recognizance in cash, to be dealt with as forfeited cash bail.
(C) As to recognizances the magistrate or clerk shall notify the accused and each surety within fifteen days after the declaration of the forfeiture by ordinary mail at the address shown by them in their affidavits of qualification or on the record of the case, of the default of the accused and the adjudication of forfeiture and require each of them to show cause on or before a date certain to be stated in the notice, and which shall be not less than forty-five nor more than sixty days from the date of mailing notice, why judgment should not be entered against each of them for the penalty stated in the recognizance. If good cause by production of the body of the accused or otherwise is not shown, the court or magistrate shall thereupon enter judgment against the sureties or either of them, so notified, in such amount, not exceeding the penalty of the bond, as has been set in the adjudication of forfeiture, and shall award execution therefor as in civil cases. The proceeds of sale shall be received by the clerk or magistrate and distributed as on forfeiture of cash bail.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.37 | Levy on Personal Property in Judgment Against Surety.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
A magistrate or court of record inferior to the court of common pleas may proceed to judgment against a surety on a recognizance, and levy on his personal property, notwithstanding that the bond may exceed the monetary limitations on the jurisdiction of such court in civil cases, and jurisdiction over the person of surety shall attach from the mailing of the notice specified in section 2937.36 of the Revised Code, notwithstanding that such surety may not be within the territorial jurisdiction of the court; but levy on real property shall be made only through issuance, return, and levy made under certificate of judgment issued to the clerk of the court of common pleas pursuant to section 2329.02 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.38 | Forfeiture of Bail Proceedings - Minority No Defense.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
In any matter in which a minor is admitted to bail pursuant to Chapter 2937. of the Revised Code, the minority of the accused shall not be available as a defense to judgment against principal or surety, or against the sale of securities or transfer of cash bail, upon forfeiture.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.39 | Remitting All or Part of Penalty.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
After judgment has been rendered against surety or after securities sold or cash bail applied, the court or magistrate, on the appearance, surrender, or re-arrest of the accused on the charge, may remit all or such portion of the penalty as it deems just and in the case of previous application and transfer 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.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.41 | Discharge of Recognizance.

Effective:
May 13, 1980
Latest Legislation:
House Bill 402 - 113th General Assembly
On the discharge 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 magistrate or clerk of the court shall endorse the satisfaction on the recognizance and shall forthwith transmit to the county recorder the notice of discharge provided for in section 2937.26 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.42 | Defect in Form of Recognizance.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
Forfeiture of a recognizance shall not be barred or defeated or 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.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.43 | Issuance of Warrant Upon Failure to Appear.

Effective:
August 10, 1965
Latest Legislation:
House Bill 47 - 106th General Assembly
Should the accused fail to 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.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.45 | Commitment Forms.

Effective:
January 1, 1958
Latest Legislation:
House Bill 937 - 102nd General Assembly
Commitments substantially in the forms following are sufficient:
COMMITMENT AFTER EXAMINATION
The State of Ohio, ____________________ County, ss:
To the Keeper of the Jail of the County aforesaid, greeting:
Whereas, E.F. has been arrested, on the oath of C.D., for (here describe the offense), and has been examined by me on such charge, and required to give bail in the sum of _______________ 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, ____________________ County, ss:
To the Keeper of the Jail of the County aforesaid, greeting:
Whereas, E.F. has been arrested on the oath of C.D., for (here describe the offense) and has been brought before me for examination and the same has been necessarily postponed by reason of (here state the cause of delay). Therefore, I command you, in the name of the state of Ohio, to receive the said E.F. into your custody in the jail of the county aforesaid (or in such other place as the justice shall name) there to remain until discharged by due course of law.
Given under my hand, this __________ day of
A.B., Judge
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.46 | Uniform Rules for Practice and Procedure in Traffic Cases.

Effective:
August 17, 2006
Latest Legislation:
Senate Bill 8 - 126th General Assembly
(A) The supreme court of Ohio, in the interest of uniformity of procedure in the various courts and for the purpose of promoting prompt and efficient disposition of cases arising under the traffic laws of this state and 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) Designation of special referees for hearings 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 of common pleas and on the court of common pleas in relation to felony violations of division (A) of section 4511.19 of the Revised Code and shall effect a cancellation of any local court rules inconsistent with the supreme court's rules.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2937 | Preliminary Examination; Bail › Section 2937.99 | Penalty.

Effective:
January 1, 2004
Latest Legislation:
Senate Bill 123 - 124th General Assembly
(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.
(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 does not apply to misdemeanors and related ordinance offenses arising under Chapters 4501., 4503., 4505., 4507., 4509., 4510., 4511., 4513., 4517., 4549., and 5577. of the Revised Code, except that this section does apply to violations of sections 4511.19, 4549.02, and 4549.021 of the Revised Code and ordinance offenses related to sections 4511.19, 4549.02, and 4549.021 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2938 | Trial - Magistrate Courts › Section 2938.01 | Trial - Magistrate Courts Definitions.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
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.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2938 | Trial - Magistrate Courts › Section 2938.02 | Applicability of Chapter.

Effective:
January 1, 2002
Latest Legislation:
Senate Bill 179 - 123rd General Assembly
The provisions of Chapter 2938. of the Revised Code shall apply to trial on the merits of any misdemeanor, ordinance offense, prosecution for the violation of any rule or regulation of any governmental body authorized to adopt penal regulations, or to complaints to keep the 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 pursuant to Chapter 2151. or 2152. of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2938 | Trial - Magistrate Courts › Section 2938.03 | Setting Criminal Cases for Trial - Continuances - Assignment of Judges.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
The magistrate, or judge or clerk of court of record, shall set all criminal cases for a trial at a date not later than thirty days after plea is received, or in those cases in which the charge has been reduced on preliminary hearing or has been certified by another magistrate, then at a date not later than thirty days from fixing of charge or receipt of transcript as the case may be. Continuances beyond such date shall be granted only upon notice to the opposing party and for good cause shown.
Criminal 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 common pleas shall assign county judges from other areas of jurisdiction within the county to assist those county judges whose volume of criminal cases requires assistance.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2938 | Trial - Magistrate Courts › Section 2938.04 | Jury Demand.

Effective:
January 10, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
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 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 provided in section 2937.08 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2938 | Trial - Magistrate Courts › Section 2938.05 | Withdrawal of Jury Demand.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
Claim of jury, once made, may be withdrawn by written 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.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2938 | Trial - Magistrate Courts › Section 2938.06 | Number of Jurors - Peremptory Challenges.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
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.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2938 | Trial - Magistrate Courts › Section 2938.07 | Control of Trial Proceedings.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
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.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2938 | Trial - Magistrate Courts › Section 2938.08 | Defendant Presumed Innocent.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
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 presumption of innocence and of reasonable doubt in each case.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2938 | Trial - Magistrate Courts › Section 2938.09 | Grounds for Objection.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
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.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2938 | Trial - Magistrate Courts › Section 2938.10 | Proof of Territorial Jurisdiction.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
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.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2938 | Trial - Magistrate Courts › Section 2938.11 | Order of Trial.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
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 magistrate, in the furtherance of justice and for good cause shown, may permit evidence to be offered by either side out of its order and may permit rebuttal evidence to be offered by the prosecution.
(D) When the evidence is concluded, unless the case is submitted without argument, counsel for the prosecution shall commence, defendant or his counsel follow, and counsel for the prosecution conclude his argument either to the court or jury. The judge or magistrate may impose a reasonable time limit on argument.
(E) The judge, after argument is concluded in a jury case, forthwith shall charge the jury on the law pertaining to the case and controlling their deliberations, which charge shall not be reduced to writing and taken into the jury 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.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2938 | Trial - Magistrate Courts › Section 2938.12 | Presence of Defendant Required.

Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
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 were personally present.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2938 | Trial - Magistrate Courts › Section 2938.13 | Prosecution of Criminal Cases.

Effective:
November 1, 1977
Latest Legislation:
House Bill 219 - 112th General Assembly
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 case. But the magistrate or judge shall not permit prosecution of any criminal case by private attorney employed or retained by a complaining witness.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2938 | Trial - Magistrate Courts › Section 2938.14 | Venires for Juries.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
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 municipality as the case may be.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2938 | Trial - Magistrate Courts › Section 2938.15 | Rules of Evidence and Procedure.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
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 by rule of the supreme court adopted pursuant to section 2937.46 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2939 | Grand Juries › Section 2939.01 | Grand Jury Definitions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The definition of "magistrate" set forth in section 2931.01 of the Revised Code applies to Chapter 2939. of the Revised Code.