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Ohio Statutes, Title 29

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Title 29, Title 29. Crimes-Procedure

36 chapters · 1,154 sections in this title.

All chapters in Title 291,154 Ch 2941, Chapter 2941 | Indictment87 Ch 2945, Chapter 2945 | Trial83 Ch 2929, Chapter 2929 | Penalties and Sentencing53 Ch 2933, Chapter 2933 | Peace Warrants; Searc…53 Ch 2919, Chapter 2919 | Offenses Against the …52 Ch 2923, Chapter 2923 | Conspiracy, Attempt, …50 Ch 2937, Chapter 2937 | Preliminary Examinati…49 Ch 2907, Chapter 2907 | Sex Offenses46 Ch 2953, Chapter 2953 | Appeals; Other Postco…43 Ch 2903, Chapter 2903 | Homicide and Assault40 Ch 2935, Chapter 2935 | Arrest, Citation, and…39 Ch 2913, Chapter 2913 | Theft and Fraud36 Ch 2930, Chapter 2930 | Victim's Rights35 Ch 2949, Chapter 2949 | Execution of Sentence35

83 sections·Filtered byTitle 29✕Ch 2945✕

Ohio Rev. Code Ann. § 2945.01 Trial definitions
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The definition of "magistrate" set forth in section 2931.01 of the Revised Code applies to Chapter 2945. of the Revised Code.
Ohio Rev. Code Ann. § 2945.02 Setting and continuing cases
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The court of common pleas shall set all criminal cases for trial for a day not later than thirty days after the date of entry of the plea of the defendant. No continuance of the trial shall be granted except upon affirmative proof in open court, upon reasonable notice, that the e…
Ohio Rev. Code Ann. § 2945.03 Control of trial
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The judge of the trial court shall control all proceedings during a criminal trial, and shall limit the introduction of evidence and the argument of counsel to relevant and material matters with a view to expeditious and effective ascertainment of the truth regarding the matters …
Ohio Rev. Code Ann. § 2945.04 Orders to prevent Intimidation of attorney, victim or witness in criminal case
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(A) If a motion is filed with a court before which a criminal case is pending alleging that a person has committed or is reasonably likely to commit any act prohibited by section 2921.04 of the Revised Code in relation to the case, if the court holds a hearing on the motion, and …

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Ohio Rev. Code Ann. § 2945.05 Defendant may waive jury trial

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In all criminal cases pending in courts of record in this state, the defendant may waive a trial by jury and be tried by the court without a jury. Such waiver by a defendant, shall be in writing, signed by the defendant, and filed in said cause and made a part of the record there…

Ohio Rev. Code Ann. § 2945.06 Procedure for trial by court

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In any case in which a defendant waives his right to trial by jury and elects to be tried by the court under section 2945.05 of the Revised Code, any judge of the court in which the cause is pending shall proceed to hear, try, and determine the cause in accordance with the rules …

Ohio Rev. Code Ann. § 2945.08 Prosecution in wrong county - proceeding

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If it appears, on the trial of a criminal cause, that the offense was committed within the exclusive jurisdiction of another county of this state, the court must direct the defendant to be committed to await a warrant from the proper county for his arrest, but if the offense is a…

Ohio Rev. Code Ann. § 2945.09 Grounds for objection

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

Ohio Rev. Code Ann. § 2945.10 Order of proceedings of trial

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The trial of an issue upon an indictment or information shall proceed before the trial court or jury as follows:(A) Counsel for the state must first state the case for the prosecution, and may briefly state the evidence by which the counsel for the state expects to sustain it.(B)…

Ohio Rev. Code Ann. § 2945.11 Charge to the jury as to law and fact

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In charging the jury, the court must state to it all matters of law necessary for the information of the jury in giving its verdict. The court must also inform the jury that the jury is the exclusive judge of all questions of fact. The court must state to the jury that in determi…

Ohio Rev. Code Ann. § 2945.12 When accused may be tried in his absence

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A person indicted for a misdemeanor, upon request in writing subscribed by him and entered in the journal, may be tried in his absence by a jury or by the court. No other person shall be tried unless personally present, but if a person indicted escapes or forfeits his recognizanc…

Ohio Rev. Code Ann. § 2945.13 Joint trials in felony cases

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When two or more persons are jointly indicted for a felony, except a capital offense, they shall be tried jointly unless the court, for good cause shown on application therefor by the prosecuting attorney or one or more of said defendants, orders one or more of said defendants to…

Ohio Rev. Code Ann. § 2945.14 Mistake in charging offense

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If it appears during the trial and before submission to the jury or court, that a mistake has been made in charging the proper offense in the indictment or information, the court may order a discontinuance of trial without prejudice to the prosecution. The accused, if there is go…

Ohio Rev. Code Ann. § 2945.15 Discharge of defendant

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When two or more persons are tried jointly, before any of the accused has gone into his defense the trial court may direct one or more of such accused to be discharged that he may be a witness for the state.An accused person, when there is not sufficient evidence to put him upon …

Ohio Rev. Code Ann. § 2945.16 View of the premises - expenses of view

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When it is proper for the jurors to have a view of the place at which a material fact occurred, the trial court may order them to be conducted in a body, under the charge of the sheriff or other officer, to such place, which shall be shown to them by a person designated by the co…

Ohio Rev. Code Ann. § 2945.17 Right to jury trial

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(A) At any trial, in any court, for the violation of any statute of this state, or of any ordinance of any municipal corporation, except as provided in divisions (B) and (C) of this section, the accused has the right to be tried by a jury. (B) The right to be tried by a jury that…

Ohio Rev. Code Ann. § 2945.171 Written verdicts

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In all criminal cases the verdict of the jury shall be in writing and signed by each of the jurors concurring therein.

Ohio Rev. Code Ann. § 2945.20 Separate trial for capital offense

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When two or more persons are jointly indicted for a capital offense, each of such persons shall be tried separately. The court, for good cause shown on application therefor by the prosecuting attorney or one or more of the defendants, may order said defendants to be tried jointly…

Ohio Rev. Code Ann. § 2945.21 Peremptory challenges

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(A)(1) In criminal cases in which there is only one defendant, each party, in addition to the challenges for cause authorized by law, may peremptorily challenge three of the jurors in misdemeanor cases and four of the jurors in felony cases other than capital cases. If there is m…

Ohio Rev. Code Ann. § 2945.23 When peremptory challenges required

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Except by agreement, neither the state nor the defendant shall be required to exercise any peremptory challenge until twelve jurors have been passed for cause and are in the panel.

Ohio Rev. Code Ann. § 2945.24 Jury trial

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In all criminal cases, a jury summoned and impaneled under Chapter 2313. of the Revised Code shall try the accused.

Ohio Rev. Code Ann. § 2945.25 Challenges for cause

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A person called as a juror in a criminal case may be challenged for the following causes: (A) That the person was a member of the grand jury that found the indictment in the case; (B) That the person is possessed of a state of mind evincing enmity or bias toward the defendant or …

Ohio Rev. Code Ann. § 2945.26 Challenge for cause

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Challenges for cause shall be tried by the court on the oath of the person challenged, or other evidence, and shall be made before the jury is sworn.

Ohio Rev. Code Ann. § 2945.27 Challenges for cause to be made before jury sworn

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The judge of the trial court shall examine the prospective jurors under oath or upon affirmation as to their qualifications to serve as fair and impartial jurors, but he shall permit reasonable examination of such jurors by the prosecuting attorney and by the defendant or his cou…

Ohio Rev. Code Ann. § 2945.28 Form of oath to jury

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(A) In criminal cases jurors and the jury shall take the following oath to be administered by the trial court or the clerk of the court of common pleas, and the jurors shall respond to the oath "I do swear" or "I do affirm": "Do you swear or affirm that you will diligently inquir…

Ohio Rev. Code Ann. § 2945.29 Jurors becoming unable to perform duties

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If, before the conclusion of the trial, a juror becomes sick, or for other reason is unable to perform his duty, the court may order him to be discharged. In that case, if alternate jurors have been selected, one of them shall be designated to take the place of the juror so disch…

Ohio Rev. Code Ann. § 2945.30 Medical attendance of juror

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In case of sickness of any juror before the conclusion of the trial, the court may order that such juror receive medical attendance and shall order the payment of a reasonable charge for such medical attendance out of the judiciary fund.

Ohio Rev. Code Ann. § 2945.31 Separation of jurors

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After the trial has commenced, before or after the jury is sworn, the court may order the jurors to be kept in charge of proper officers, or they may be permitted to separate during the trial. If the jurors are kept in charge of officers of the court, proper arrangements shall be…

Ohio Rev. Code Ann. § 2945.32 Oath to officers if jury sequestered

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When an order has been entered by the court of common pleas in any criminal cause, directing the jurors to be kept in charge of the officers of the court, the following oath shall be administered by the clerk of the court of common pleas to said officers: "You do solemnly swear t…

Ohio Rev. Code Ann. § 2945.33 Supervision of jury after case submitted to them

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When a cause is finally submitted the jurors must be kept together in a convenient place under the charge of an officer until they agree upon a verdict, or are discharged by the court. The court, except in cases where the offense charged may be punishable by death, may permit the…

Ohio Rev. Code Ann. § 2945.34 Admonition if jurors separate during trial

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If the jurors are permitted to separate during a trial, they shall be admonished by the court not to converse with, nor permit themselves to be addressed by any person, nor to listen to any conversation on the subject of the trial, nor form or express any opinion thereon, until t…

Ohio Rev. Code Ann. § 2945.35 Papers the jury may take

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Upon retiring for deliberation, the jury, at the discretion of the court, may take with it all papers except depositions, and all articles, photographs, and maps which have been offered in evidence. No article or paper identified but not admitted in evidence shall be taken by the…

Ohio Rev. Code Ann. § 2945.36 For what cause jury may be discharged

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The trial court may discharge a jury without prejudice to the prosecution:(A) For the sickness or corruption of a juror or other accident or calamity;(B) Because there is no probability of such jurors agreeing;(C) If it appears after the jury has been sworn that one of the jurors…

Ohio Rev. Code Ann. § 2945.37 Competency to stand trial definitions - hearing

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(A) As used in sections 2945.37 to 2945.402 of the Revised Code: (1) "Prosecutor" means a prosecuting attorney or a city director of law, village solicitor, or similar chief legal officer of a municipal corporation who has authority to prosecute a criminal case that is before the…

Ohio Rev. Code Ann. § 2945.371 Evaluations and reports of the defendant's mental condition

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(A) If the issue of a defendant's competence to stand trial is raised or if a defendant enters a plea of not guilty by reason of insanity, the court may order one or more evaluations of the defendant's present mental condition or, in the case of a plea of not guilty by reason of …

Ohio Rev. Code Ann. § 2945.38 Competence to stand trial

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(A) If the issue of a defendant's competence to stand trial is raised and if the court, upon conducting the hearing provided for in section 2945.37 of the Revised Code, finds that the defendant is competent to stand trial, the defendant shall be proceeded against as provided by l…

Ohio Rev. Code Ann. § 2945.39 Expiration of the maximum time for treatment for incompetency

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(A) If a defendant who is charged with an offense described in division (C)(1) or (2) of section 2945.38 of the Revised Code is found incompetent to stand trial, after the expiration of the maximum time for treatment as specified in division (C) of that section or after the court…

Ohio Rev. Code Ann. § 2945.391 Not guilty by reason of insanity finding

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For purposes of sections 2945.371, 2945.40, 2945.401, and 2945.402 and Chapters 5122. and 5123. of the Revised Code, a person is "not guilty by reason of insanity" relative to a charge of an offense only as described in division (A)(14) of section 2901.01 of the Revised Code. Pro…

Ohio Rev. Code Ann. § 2945.392 Expert testimony of the battered woman syndrome

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(A) The declarations set forth in division (A) of section 2901.06 of the Revised Code apply in relation to this section.(B) If a defendant is charged with an offense involving the use of force against another and the defendant enters a plea to the charge of not guilty by reason o…

Ohio Rev. Code Ann. § 2945.40 Acquittal by reason of insanity

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(A) If a person is found not guilty by reason of insanity, the verdict shall state that finding, and the trial court shall conduct a full hearing to determine whether the person is a person with a mental illness subject to court order or a person with an intellectual disability s…

Ohio Rev. Code Ann. § 2945.401 Incompetency finding or insanity acquittal continuing jurisdiction of court

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(A) A defendant found incompetent to stand trial and committed pursuant to section 2945.39 of the Revised Code or a person found not guilty by reason of insanity and committed pursuant to section 2945.40 of the Revised Code shall remain subject to the jurisdiction of the trial co…

Ohio Rev. Code Ann. § 2945.402 Conditional release

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(A) In approving a conditional release, the trial court may set any conditions on the release with respect to the treatment, evaluation, counseling, or control of the defendant or person that the court considers necessary to protect the public safety and the welfare of the defend…

Ohio Rev. Code Ann. § 2945.41 Rules applicable in criminal cases

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The rules of evidence in civil causes, where applicable, govern in all criminal causes.

Ohio Rev. Code Ann. § 2945.42 Competency of witnesses

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No person is disqualified as a witness in a criminal prosecution by reason of the person's interest in the prosecution as a party or otherwise or by reason of the person's conviction of crime. Husband and wife are competent witnesses to testify in behalf of each other in all crim…

Ohio Rev. Code Ann. § 2945.43 Defendant may testify

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On the trial of a criminal cause, a person charged with an offense may, at his own request, be a witness, but not otherwise. The failure of such person to testify may be considered by the court and jury and may be made the subject of comment by counsel.

Ohio Rev. Code Ann. § 2945.44 Witnesses turning state's evidence

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(A) In any criminal proceeding in this state or in any criminal or civil proceeding brought pursuant to Chapter 2981. of the Revised Code, if a witness refuses to answer or produce information on the basis of the witness's privilege against self-incrimination, the court of common…

Ohio Rev. Code Ann. § 2945.45 Subpoenas to issue to any county

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In all criminal cases, the clerk of the court of common pleas, upon a praecipe being filed, shall issue writs of subpoena for the witnesses names therein, directed to the sheriff of such county, or the county where such witnesses reside or are found, which shall be served and ret…

Ohio Rev. Code Ann. § 2945.451 Employer may not penalize employee for being subpoenaed to criminal proceeding

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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 in a criminal case pu…

Ohio Rev. Code Ann. § 2945.46 Attendance of witness enforced

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Civil procedure relative to compelling the attendance and testimony of witnesses, their examination, the administering of oaths and affirmations, and proceedings for contempt to enforce the remedies and protect the rights of parties, extend to criminal cases as far as applicable.

Ohio Rev. Code Ann. § 2945.47 Testimony of prisoner

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(A)(1) As used in this section, "detention facility" has the same meaning as in section 2921.01 of the Revised Code.(2) If it is necessary in a criminal proceeding before the court to procure the testimony of a person who is imprisoned in a detention facility or state correctiona…