§ 2945.01 Trial definitions
§ 2945.02 Setting and continuing cases
§ 2945.03 Control of trial
§ 2945.04 Orders to prevent Intimidation of attorney, victim or witness in criminal case
§ 2945.05 Defendant may waive jury trial
§ 2945.06 Procedure for trial by court
§ 2945.08 Prosecution in wrong county – proceeding
§ 2945.09 Grounds for objection
§ 2945.10 Order of proceedings of trial
§ 2945.11 Charge to the jury as to law and fact
§ 2945.12 When accused may be tried in his absence
§ 2945.13 Joint trials in felony cases
§ 2945.14 Mistake in charging offense
§ 2945.15 Discharge of defendant
§ 2945.16 View of the premises – expenses of view
§ 2945.17 Right to jury trial
§ 2945.171 Written verdicts
§ 2945.20 Separate trial for capital offense
§ 2945.21 Peremptory challenges
§ 2945.23 When peremptory challenges required
§ 2945.24 Jury trial
§ 2945.25 Challenges for cause
§ 2945.26 Challenge for cause
§ 2945.27 Challenges for cause to be made before jury sworn
§ 2945.28 Form of oath to jury
§ 2945.29 Jurors becoming unable to perform duties
§ 2945.30 Medical attendance of juror
§ 2945.31 Separation of jurors
§ 2945.32 Oath to officers if jury sequestered
§ 2945.33 Supervision of jury after case submitted to them
§ 2945.34 Admonition if jurors separate during trial
§ 2945.35 Papers the jury may take
§ 2945.36 For what cause jury may be discharged
§ 2945.37 Competency to stand trial definitions – hearing
§ 2945.371 Evaluations and reports of the defendant’s mental condition
§ 2945.38 Competence to stand trial
§ 2945.39 Expiration of the maximum time for treatment for incompetency
§ 2945.391 Not guilty by reason of insanity finding
§ 2945.392 Expert testimony of the battered woman syndrome
§ 2945.40 Acquittal by reason of insanity
§ 2945.401 Incompetency finding or insanity acquittal continuing jurisdiction of court
§ 2945.402 Conditional release
§ 2945.41 Rules applicable in criminal cases
§ 2945.42 Competency of witnesses
§ 2945.43 Defendant may testify
§ 2945.44 Witnesses turning state’s evidence
§ 2945.45 Subpoenas to issue to any county
§ 2945.451 Employer may not penalize employee for being subpoenaed to criminal proceeding
§ 2945.46 Attendance of witness enforced
§ 2945.47 Testimony of prisoner
§ 2945.48 Witness may be placed in jail
§ 2945.481 Testimony of child victim
§ 2945.482 Taking testimony of a victim with a developmental disability
§ 2945.483 Rights when testifying of child or person with developmental disability
§ 2945.49 Testimony of witness who dies or cannot be produced – videotape of preliminary hearing testimony of child victim
§ 2945.491 Taking testimony of a victim with a developmental disability
§ 2945.50 Application for deposition in criminal cases
§ 2945.51 When imprisoned defendant may be taken to deposition – expenses
§ 2945.52 Counsel appointed shall represent the defendant
§ 2945.53 Right of accused to examine witness
§ 2945.54 Conduct of examination
§ 2945.55 Testimony of previous identification
§ 2945.56 Rebuttal of defendant’s character evidence
§ 2945.57 Number of witnesses to character
§ 2945.58 Alibi
§ 2945.59 Proof of defendant’s motive
§ 2945.63 Child pornography offered as evidence; custody
§ 2945.64 Embezzlement prima-facie evidence
§ 2945.65 Evidence obtained as part of test to determine pregnancy
§ 2945.67 Appeal by state by leave of court
§ 2945.71 Time for trial
§ 2945.72 Extending time for hearing or trial
§ 2945.73 Delay in hearing or trial
§ 2945.74 Defendant may be convicted of lesser offense
§ 2945.75 Degree of offense – proof of prior convictions
§ 2945.77 Polling jury
§ 2945.78 Recording the verdict
§ 2945.79 Causes for new trial
§ 2945.80 Written motion for new trial
§ 2945.81 Causes to be sustained by affidavits
§ 2945.82 New trial
§ 2945.83 When new trial shall not be granted
§ 2945.831 Motion for new trial not necessary for appellate review

Terms Used In Ohio Code > Chapter 2945 - Trial

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bond: includes an undertaking. See Ohio Code 1.02
  • Capital offense: A crime punishable by death.
  • Child: includes child by adoption. See Ohio Code 1.59
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • imprisonment: means being imprisoned under a sentence imposed for an offense or serving a term of imprisonment, prison term, jail term, term of local incarceration, or other term under a sentence imposed for an offense in an institution under the control of the department of rehabilitation and correction, a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, a minimum security jail, a community-based correctional facility, or another facility described or referred to in section 2929. See Ohio Code 1.05
  • in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Jury instructions: A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Source: U.S. Courts
  • Oath: includes affirmation, and "swear" includes affirm. See Ohio Code 1.59
  • Oath: A promise to tell the truth.
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: means real and personal property. See Ohio Code 1.59
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Rule: includes regulation. See Ohio Code 1.59
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: means the state of Ohio. See Ohio Code 1.59
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.