Ohio Revised Code
Chapter 2945 | Trial
Section 2945.10 | Order of Proceedings of Trial.

Effective: March 23, 2015
Latest Legislation: House Bill 663 - 130th General Assembly
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 counsel must then state the defense, and may briefly state the evidence which the defendant or the defendant's counsel expects to offer in support of it.
(C) The state must first produce its evidence and the defendant shall then produce the defendant's evidence.
(D) The state will then be confined to rebutting evidence, but the court, for good reason, in furtherance of justice, may permit evidence to be offered by either side out of its order.
(E) When the evidence is concluded, one of the following applies regarding jury instructions:
(1) In a capital case that is being heard by a jury, the court shall prepare written instructions to the jury on the points of law, shall provide copies of the written instructions to the jury before orally instructing the jury, and shall permit the jury to retain and consult the instructions during the court's presentation of the oral instructions and during the jury's deliberations.
(2) In a case that is not a capital case, either party may request instructions to the jury on the points of law, which instructions shall be reduced to writing if either party requests it.
(F) When the evidence is concluded, unless the case is submitted without argument, the counsel for the state shall commence, the defendant or the defendant's counsel follow, and the counsel for the state conclude the argument to the jury.
(G) The court, after the argument is concluded and before proceeding with other business, shall forthwith charge the jury. Such charge shall be reduced to writing by the court if either party requests it before the argument to the jury is commenced. Such charge, or other charge or instruction provided for in this section, when so written and given, shall not be orally qualified, modified, or explained to the jury by the court. Written charges and instructions shall be taken by the jury in their retirement and returned with their verdict into court and remain on file with the papers of the case.
The court may deviate from the order of proceedings listed in this section.

Structure Ohio Revised Code

Ohio Revised Code

Title 29 | Crimes-Procedure

Chapter 2945 | Trial

Section 2945.01 | Trial Definitions.

Section 2945.02 | Setting and Continuing Cases.

Section 2945.03 | Control of Trial.

Section 2945.04 | Orders to Prevent Intimidation of Attorney, Victim or Witness in Criminal Case.

Section 2945.05 | Defendant May Waive Jury Trial.

Section 2945.06 | Procedure for Trial by Court.

Section 2945.08 | Prosecution in Wrong County - Proceeding.

Section 2945.09 | Grounds for Objection.

Section 2945.10 | Order of Proceedings of Trial.

Section 2945.11 | Charge to the Jury as to Law and Fact.

Section 2945.12 | When Accused May Be Tried in His Absence.

Section 2945.13 | Joint Trials in Felony Cases.

Section 2945.14 | Mistake in Charging Offense.

Section 2945.15 | Discharge of Defendant.

Section 2945.16 | View of the Premises - Expenses of View.

Section 2945.17 | Right to Jury Trial.

Section 2945.171 | Written Verdicts.

Section 2945.20 | Separate Trial for Capital Offense.

Section 2945.21 | Peremptory Challenges.

Section 2945.23 | When Peremptory Challenges Required.

Section 2945.24 | Jury Trial.

Section 2945.25 | Challenges for Cause.

Section 2945.26 | Challenge for Cause.

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

Section 2945.28 | Form of Oath to Jury.

Section 2945.29 | Jurors Becoming Unable to Perform Duties.

Section 2945.30 | Medical Attendance of Juror.

Section 2945.31 | Separation of Jurors.

Section 2945.32 | Oath to Officers if Jury Sequestered.

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

Section 2945.34 | Admonition if Jurors Separate During Trial.

Section 2945.35 | Papers the Jury May Take.

Section 2945.36 | For What Cause Jury May Be Discharged.

Section 2945.37 | Competency to Stand Trial Definitions - Hearing.

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

Section 2945.38 | Competence to Stand Trial.

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

Section 2945.391 | Not Guilty by Reason of Insanity Finding.

Section 2945.392 | Expert Testimony of the Battered Woman Syndrome.

Section 2945.40 | Acquittal by Reason of Insanity.

Section 2945.401 | Incompetency Finding or Insanity Acquittal Continuing Jurisdiction of Court.

Section 2945.402 | Conditional Release.

Section 2945.41 | Rules Applicable in Criminal Cases.

Section 2945.42 | Competency of Witnesses.

Section 2945.43 | Defendant May Testify.

Section 2945.44 | Witnesses Turning State's Evidence.

Section 2945.45 | Subpoenas to Issue to Any County.

Section 2945.451 | Employer May Not Penalize Employee for Being Subpoenaed to Criminal Proceeding.

Section 2945.46 | Attendance of Witness Enforced.

Section 2945.47 | Testimony of Prisoner.

Section 2945.48 | Witness May Be Placed in Jail.

Section 2945.481 | Testimony of Child Victim.

Section 2945.482 | Taking Testimony of a Victim With a Developmental Disability.

Section 2945.49 | Testimony of Witness Who Dies or Cannot Be Produced - Videotape of Preliminary Hearing Testimony of Child Victim.

Section 2945.491 | Taking Testimony of a Victim With a Developmental Disability.

Section 2945.50 | Application for Deposition in Criminal Cases.

Section 2945.51 | When Imprisoned Defendant May Be Taken to Deposition - Expenses.

Section 2945.52 | Counsel Appointed Shall Represent the Defendant.

Section 2945.53 | Right of Accused to Examine Witness.

Section 2945.54 | Conduct of Examination.

Section 2945.55 | Testimony of Previous Identification.

Section 2945.56 | Rebuttal of Defendant's Character Evidence.

Section 2945.57 | Number of Witnesses to Character.

Section 2945.58 | Alibi.

Section 2945.59 | Proof of Defendant's Motive.

Section 2945.63 | Child Pornography Offered as Evidence; Custody.

Section 2945.64 | Embezzlement Prima-Facie Evidence.

Section 2945.65 | Evidence Obtained as Part of Test to Determine Pregnancy.

Section 2945.67 | Appeal by State by Leave of Court.

Section 2945.71 | Time for Trial.

Section 2945.72 | Extending Time for Hearing or Trial.

Section 2945.73 | Delay in Hearing or Trial.

Section 2945.74 | Defendant May Be Convicted of Lesser Offense.

Section 2945.75 | Degree of Offense - Proof of Prior Convictions.

Section 2945.77 | Polling Jury.

Section 2945.78 | Recording the Verdict.

Section 2945.79 | Causes for New Trial.

Section 2945.80 | Written Motion for New Trial.

Section 2945.81 | Causes to Be Sustained by Affidavits.

Section 2945.82 | New Trial.

Section 2945.83 | When New Trial Shall Not Be Granted.

Section 2945.831 | Motion for New Trial Not Necessary for Appellate Review.