Ohio Rev. Code § 2945.01
Trial definitions.
The definition of "magistrate" set forth in section 2931.01 of the Revised Code applies to Chapter 2945. of the Revised Code.
Chapter 2945 | Trial
Ohio · statute · Ohio Rev. Code ch. 2945 · 83 active provisions
Ohio Rev. Code § 2945.02
Setting and continuing cases.
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 ends of justice require a continuance.No…
Ohio Rev. Code § 2945.03
Control of trial.
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 in issue.
Ohio Rev. Code § 2945.04
Orders to prevent Intimidation of attorney, victim or witness in criminal case.
(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 if the court determines that the allegat…
Ohio Rev. Code § 2945.05
Defendant may waive jury trial.
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 thereof. It shall be entitled in the court an…
Ohio Rev. Code § 2945.06
Procedure for trial by court.
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 and in like manner as if the cause were…
Ohio Rev. Code § 2945.08
Prosecution in wrong county - proceeding.
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 bailable offense the court may admit th…
Ohio Rev. Code § 2945.09
Grounds for objection.
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 § 2945.10
Order of proceedings of trial.
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) The defendant or the defendant's counse…
Ohio Rev. Code § 2945.11
Charge to the jury as to law and fact.
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 determining the question of guilt, it must not…
Ohio Rev. Code § 2945.12
When accused may be tried in his absence.
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 recognizance after the jury is sworn, the trial sha…
Ohio Rev. Code § 2945.13
Joint trials in felony cases.
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 be tried separately.
Ohio Rev. Code § 2945.14
Mistake in charging offense.
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 good cause to detain him, may be recognize…
Ohio Rev. Code § 2945.15
Discharge of defendant.
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 his defense, may be discharged by the co…
Ohio Rev. Code § 2945.16
View of the premises - expenses of view.
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 court. While the jurors are absent on such…
Ohio Rev. Code § 2945.17
Right to jury trial.
(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 is granted under division (A) of this s…
Ohio Rev. Code § 2945.171
Written verdicts.
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 § 2945.20
Separate trial for capital offense.
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 § 2945.21
Peremptory challenges.
(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 more than one defendant, each defendant m…
Ohio Rev. Code § 2945.23
When peremptory challenges required.
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 § 2945.24
Jury trial.
In all criminal cases, a jury summoned and impaneled under Chapter 2313. of the Revised Code shall try the accused.
Ohio Rev. Code § 2945.25
Challenges for cause.
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 the state; but no person summoned as a j…
Ohio Rev. Code § 2945.26
Challenge for cause.
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 § 2945.27
Challenges for cause to be made before jury sworn.
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 counsel.
Ohio Rev. Code § 2945.28
Form of oath to jury.
(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 inquire into and carefully deliberate all matt…
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