Section 2945.24 | Jury Trial.

Effective: May 22, 2012 Latest Legislation: House Bill 268 – 129th General Assembly In all criminal cases, a jury summoned and impaneled under Chapter 2313. of the Revised Code shall try the accused.

Section 2945.25 | Challenges for Cause.

Effective: October 19, 1981 Latest Legislation: Senate Bill 1 – 114th General Assembly A person called as a juror in a criminal case may be challenged for the following causes: (A) That he was a member of the grand jury that found the indictment in the case; (B) That he is possessed of a state […]

Section 2945.26 | Challenge for Cause.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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.

Section 2945.27 | Challenges for Cause to Be Made Before Jury Sworn.

Effective: September 9, 1957 Latest Legislation: House Bill 28 – 102nd General Assembly 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 […]

Section 2945.28 | Form of Oath to Jury.

Effective: May 18, 2005 Latest Legislation: Senate Bill 71 – 125th General Assembly (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 […]

Section 2945.29 | Jurors Becoming Unable to Perform Duties.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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 […]

Section 2945.30 | Medical Attendance of Juror.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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.

Section 2945.31 | Separation of Jurors.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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 […]

Section 2945.32 | Oath to Officers if Jury Sequestered.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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 […]

Section 2945.33 | Supervision of Jury After Case Submitted to Them.

Effective: November 9, 1965 Latest Legislation: House Bill 708 – 106th General Assembly 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 […]

Section 2945.34 | Admonition if Jurors Separate During Trial.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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, […]

Section 2945.35 | Papers the Jury May Take.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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 […]

Section 2945.36 | For What Cause Jury May Be Discharged.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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 […]

Section 2945.37 | Competency to Stand Trial Definitions – Hearing.

Effective: August 3, 2021 Latest Legislation: Senate Bill 2 – 134th General Assembly (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 […]

Section 2945.371 | Evaluations and Reports of the Defendant’s Mental Condition.

Effective: August 3, 2021 Latest Legislation: Senate Bill 2 – 134th General Assembly (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, […]

Section 2945.38 | Competence to Stand Trial.

Effective: August 3, 2021 Latest Legislation: Senate Bill 2 – 134th General Assembly (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 […]

Section 2945.39 | Expiration of the Maximum Time for Treatment for Incompetency.

Effective: October 12, 2016 Latest Legislation: House Bill 158 – 131st General Assembly (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 to stand trial, after the expiration of the maximum time for treatment as specified in division (C) of […]

Section 2945.391 | Not Guilty by Reason of Insanity Finding.

Effective: July 1, 1997 Latest Legislation: Senate Bill 285 – 121st General Assembly 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 […]

Section 2945.392 | Expert Testimony of the Battered Woman Syndrome.

Effective: July 1, 1997 Latest Legislation: Senate Bill 285 – 121st General Assembly (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 […]

Section 2945.40 | Acquittal by Reason of Insanity.

Effective: October 12, 2016 Latest Legislation: House Bill 158 – 131st General Assembly (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 mentally ill person subject to court order or […]