Effective: March 17, 1998
Latest Legislation: House Bill 293 - 122nd General Assembly
(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 is necessary in a criminal proceeding before the court to procure the testimony of a person who is imprisoned in a detention facility or state correctional institution within this state, or who is in the custody of the department of youth services, the court may require that the person's testimony be taken by deposition pursuant to Criminal Rule 15 at the place of the person's confinement, if the person is not a defendant in the case and if the court determines that the interests of justice do not demand that the person be brought before the court for the presentation of the person's testimony. All witnesses for the prosecution shall be brought before the court. The defendant may waive any right to compel the appearance of a person brought before the court pursuant to this division.
(B) Subject to division (C) of this section, if it is necessary in a criminal proceeding before the court to procure the testimony of a person who is imprisoned in a detention facility within this state, the court may order a subpoena to be issued, directed to the keeper of the institution, commanding the keeper to bring the prisoner named in the subpoena before the court.
The keeper, upon receiving the subpoena, shall take the witness before the court at the time and place named in the subpoena, and hold the witness until the witness is discharged by the court. When discharged, the witness shall be returned in the custody of such officer to the place of imprisonment from which the witness was taken, and the officer may command any assistance that the officer considers proper for the transportation of the witness.
(C) If it is necessary in a criminal proceeding before the court to procure the testimony of a person who is imprisoned in a state correctional institution within this state, or who is in the custody of the department of youth services, the court may order a subpoena to be issued directed to the sheriff of the county in which the indictment or grand jury proceeding is pending. When a copy of the subpoena is presented by the sheriff to the warden or superintendent of a state correctional institution, or to the person in charge of the facility in which a juvenile is confined, the witness shall be delivered at the institution or facility to the sheriff who shall take the witness before the court at the time and place named in the subpoena and hold the witness until the witness is discharged by the court. When discharged, the witness shall be returned in the custody of the sheriff to the place of imprisonment from which the witness was taken.
(D) The court, in the manner provided in Chapter 120. of the Revised Code, shall either assign counsel or designate a public defender to represent a juvenile subpoenaed as a witness under this section. Compensation for assigned counsel shall be made pursuant to section 2941.51 of the Revised Code.
(E) When a person's testimony is taken by deposition pursuant to division (A) of this section, the deposition shall be upon oral examination if either the prosecuting authority or the defendant who is taking the deposition requests that the deposition be upon oral examination, and may be videotaped if either the prosecuting authority or the defendant who is taking the deposition requests that it be recorded by means of videotape.
The person requesting the testimony of the person whose deposition is taken pursuant to division (A) of this section shall pay the expense of taking the deposition, except that the court may tax the expense as court costs in appropriate cases.
Structure Ohio Revised Code
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 2945.25 | 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 2945.491 | 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 2945.59 | 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 2945.83 | When New Trial Shall Not Be Granted.
Section 2945.831 | Motion for New Trial Not Necessary for Appellate Review.