Ohio Revised Code Chapter 2945 - Trial

• Section 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. Effective Date: 10-01-1953
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 2945.07 - [Repealed].
  Effective Date: 10-12-1994
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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. Effective Date:
• Section 2945.18, 2945.19 - [Repealed].
  Effective Date: 09-27-1993
• Section 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...
• Section 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,...
• Section 2945.22 - [Repealed].
  Effective Date: 10-19-1981
• Section 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...
• Section 2945.24 - Jury Trial.
  In all criminal cases, a jury summoned and impaneled under Chapter 2313. of the Revised Code shall try the accused. Amended by 129th General...
• Section 2945.25 - Challenges For Cause.
  A person called as a juror in a criminal case may be challenged for the following causes: (A) That he was a member of...
• Section 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...
• Section 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...
• Section 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...
• Section 2945.29 - Jurors Becoming Unable To Perform Duties.
  If, before the conclusion of the trial, a juror becomes sick, or for other reason is unable to perform his duty, the court may...
• Section 2945.30 - Medical Attendance Of Juror.
  In case of sickness of any juror before the conclusion of the trial, the court may order that such juror receive medical attendance and...
• Section 2945.31 - Separation Of Jurors.
  After the trial has commenced, before or after the jury is sworn, the court may order the jurors to be kept in charge of...
• Section 2945.32 - Oath To Officers If Jury Sequestered.
  When an order has been entered by the court of common pleas in any criminal cause, directing the jurors to be kept in charge...
• Section 2945.33 - Supervision Of Jury After Case Submitted To Them.
  When a cause is finally submitted the jurors must be kept together in a convenient place under the charge of an officer until they...
• Section 2945.34 - Admonition If Jurors Separate During Trial.
  If the jurors are permitted to separate during a trial, they shall be admonished by the court not to converse with, nor permit themselves...
• Section 2945.35 - Papers The Jury May Take.
  Upon retiring for deliberation, the jury, at the discretion of the court, may take with it all papers except depositions, and all articles, photographs,...
• Section 2945.36 - For What Cause Jury May Be Discharged.
  The trial court may discharge a jury without prejudice to the prosecution: (A) For the sickness or corruption of a juror or other accident...
• Section 2945.37 - Competency To Stand Trial Definitions - Hearing.
  (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,...
• Section 2945.371 - Evaluations And Reports Of The Defendant's Mental Condition.
  (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...
• Section 2945.38 - Competence To Stand Trial.
  (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 2945.381 - [Repealed].
  Effective Date: 11-01-1978
• Section 2945.39 - Expiration Of The Maximum Time For Treatment For Incompetency.
  (A) If a defendant who is charged with an offense described in division (C)(1) of section 2945.38 of the Revised Code is found incompetent...
• Section 2945.391 - Not Guilty By Reason Of Insanity Finding.
  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...
• Section 2945.392 - Expert Testimony Of The Battered Woman Syndrome.
  (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...
• Section 2945.40 - Acquittal By Reason Of Insanity.
  (A) If a person is found not guilty by reason of insanity, the verdict shall state that finding, and the trial court shall conduct...
• Section 2945.401 - Incompetency Finding Or Insanity Acquittal Continuing Jurisdiction Of Court.
  (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...
• Section 2945.402 - Conditional Release.
  (A) In approving a conditional release, the trial court may set any conditions on the release with respect to the treatment, evaluation, counseling, or...
• Section 2945.41 - Rules Applicable In Criminal Cases.
  The rules of evidence in civil causes, where applicable, govern in all criminal causes. Effective Date: 10-01-1953
• Section 2945.42 - Competency Of Witnesses.
  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...
• Section 2945.43 - Defendant May Testify.
  On the trial of a criminal cause, a person charged with an offense may, at his own request, be a witness, but not otherwise....
• Section 2945.44 - Witnesses Turning State's Evidence.
  (A) In any criminal proceeding in this state or in any criminal or civil proceeding brought pursuant to Chapter 2981. of the Revised Code,...
• Section 2945.45 - Subpoenas To Issue To Any County.
  In all criminal cases, the clerk of the court of common pleas, upon a praecipe being filed, shall issue writs of subpoena for the...
• Section 2945.451 - Employer May Not Penalize Employee For Being Subpoenaed To Criminal Proceeding.
  No employer shall discharge or terminate from employment, threaten to discharge or terminate from employment, or otherwise punish or penalize any employee because of...
• Section 2945.46 - Attendance Of Witness Enforced.
  Civil procedure relative to compelling the attendance and testimony of witnesses, their examination, the administering of oaths and affirmations, and proceedings for contempt to...
• Section 2945.47 - Testimony Of Prisoner.
  (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...
• Section 2945.48 - Witness May Be Placed In Jail.
  When a witness mentioned in section 2945.47 of the Revised Code is in attendance upon a court he may be placed in the jail...
• Section 2945.481 - Testimony Of Child Victim.
  (A) (1) As used in this section, "victim" includes any person who was a victim of a violation identified in division (A)(2) of this...
• Section 2945.482 - Taking Testimony Of Mentally Retarded Person Or Developmentally Disabled Person Victim.
  (A) As used in this section: (1) "Mentally retarded person" and "developmentally disabled person" have the same meanings as in section 5123.01 of the...
• Section 2945.49 - Testimony Of Witness Who Dies Or Cannot Be Produced - Videotape Of Preliminary Hearing Testimony Of Child Victim.
  (A) (1) As used in this section, "victim" includes any person who was a victim of a felony violation identified in division (B)(1) of...
• Section 2945.491 - Taking Testimony Of Mentally Retarded Person Or Developmentally Disabled Person Victim.
  (A) As used in this section: (1) "Mentally retarded person" and "developmentally disabled person" have the same meanings as in section 5123.01 of the...
• Section 2945.50 - Application For Deposition In Criminal Cases.
  At any time after an issue of fact is joined upon an indictment, information, or an affidavit, the prosecution or the defendant may apply...
• Section 2945.51 - When Imprisoned Defendant May Be Taken To Deposition - Expenses.
  When a deposition is to be taken in this state, and a commission is granted under section 2945.50 of the Revised Code while the...
• Section 2945.52 - Counsel Appointed Shall Represent The Defendant.
  Counsel assigned by the court to represent the defendant may attend upon and represent the defendant at the taking of a deposition under section...
• Section 2945.53 - Right Of Accused To Examine Witness.
  In all cases in which depositions are taken by the state or the accused, to be used by or against the accused, as provided...
• Section 2945.54 - Conduct Of Examination.
  The examination of witnesses by deposition in criminal cases shall be taken and certified, and the return thereof to the court made as for...
• Section 2945.55 - Testimony Of Previous Identification.
  When identification of the defendant is an issue, a witness who has on previous occasion identified such person may testify to such previous identification....
• Section 2945.56 - Rebuttal Of Defendant's Character Evidence.
  When the defendant offers evidence of his character or reputation, the prosecution may offer, in rebuttal thereof, proof of his previous conviction of a...
• Section 2945.57 - Number Of Witnesses To Character.
  The number of witnesses who are expected to testify upon the subject of character or reputation, for whom subpoenas are issued, shall be designated...
• Section 2945.58 - Alibi.
  Whenever a defendant in a criminal cause proposes to offer in his defense, testimony to establish an alibi on his behalf, such defendant shall,...
• Section 2945.59 - Proof Of Defendant's Motive.
  In any criminal case in which the defendant's motive or intent, the absence of mistake or accident on his part, or the defendant's scheme,...
• Section 2945.60 To 2945.63 - [Repealed].
  Effective Date: 01-01-1974
• Section 2945.64 - Embezzlement Prima-facie Evidence.
  Failure or refusal to pay over or produce public money by a person charged with the collection, receipt, transfer, disbursement, or safekeeping of such...
• Section 2945.65, 2945.66 - [Repealed].
  Effective Date: 03-17-1987
• Section 2945.67 - Appeal By State By Leave Of Court.
  (A) A prosecuting attorney, village solicitor, city director of law, or the attorney general may appeal as a matter of right any decision of...
• Section 2945.68 To 2945.70 - [Repealed].
  Effective Date: 11-01-1978
• Section 2945.71 - Time For Trial.
  (A) Subject to division (D) of this section, a person against whom a charge is pending in a court not of record, or against...
• Section 2945.72 - Extending Time For Hearing Or Trial.
  The time within which an accused must be brought to trial, or, in the case of felony, to preliminary hearing and trial, may be...
• Section 2945.73 - Delay In Hearing Or Trial.
  (A) A charge of felony shall be dismissed if the accused is not accorded a preliminary hearing within the time required by sections 2945.71...
• Section 2945.74 - Defendant May Be Convicted Of Lesser Offense.
  The jury may find the defendant not guilty of the offense charged, but guilty of an attempt to commit it if such attempt is...
• Section 2945.75 - Degree Of Offense - Proof Of Prior Convictions.
  (A) When the presence of one or more additional elements makes an offense one of more serious degree: (1) The affidavit, complaint, indictment, or...
• Section 2945.76 - [Repealed].
  Effective Date: 01-01-1974
• Section 2945.77 - Polling Jury.
  When the jurors agree upon their verdict, they must be conducted into court by the officer having them in charge. Before the verdict is...
• Section 2945.78 - Recording The Verdict.
  When the verdict given is such as the court may receive, it must be immediately entered in full upon the minutes. Effective Date: 10-01-1953
• Section 2945.79 - Causes For New Trial.
  A new trial, after a verdict of conviction, may be granted on the application of the defendant for any of the following causes affecting...
• Section 2945.80 - Written Motion For New Trial.
  Application for a new trial shall be made by motion upon written grounds, and except for the cause of newly discovered evidence material for...
• Section 2945.81 - Causes To Be Sustained By Affidavits.
  The causes enumerated in divisions (B) and (C) of section 2945.79 of the Revised Code must be sustained by affidavit showing their truth, and...
• Section 2945.82 - New Trial.
  When a new trial is granted by the trial court, or when a new trial is awarded on appeal, the accused shall stand for...
• Section 2945.83 - When New Trial Shall Not Be Granted.
  No motion for a new trial shall be granted or verdict set aside, nor shall any judgment of conviction be reversed in any court...
• Section 2945.831 - Motion For New Trial Not Necessary For Appellate Review.
  A motion for a new trial is not a necessary prerequisite to obtain appellate review of the sufficiency or weight of the evidence in...
• Section 2945.832 - [Repealed].
  Effective Date: 03-17-1987

Last modified: October 10, 2016