Ohio Forms of Pleading and Practice, Criminal Volumes 15-18

VOLUME 15 CRIMINAL PROCEDURE

Table 1 Schedule of Time–Criminal Rules
Rule 1 Scope of Rules; Applicability; Construction; Exceptions
Rule 2 Definitions
Rule 3 Complaint
Rule 4 Warrant or Summons: Arrest
Rule 4.1 Optional Procedure in Minor Misdemeanor Cases
Rule 5 Initial Appearance, Preliminary Hearing
Rule 6 The Grand Jury
Rule 7 The Indictment and The Information
Rule 8 Joinder of Offenses and Defendants
Rule 9 Warrant or Summons Upon Indictment or Information
Rule 10 Arraignment
Rule 11 Pleas, Rights Upon Plea
Rule 12 Pleadings and Motions Before Trial: Defenses and Objections
Rule 12.1 Notice of Alibi

VOLUME 16 CRIMINAL PROCEDURE

Rule 13 Trial Together of Indictments or Informations or Complaints
Rule 14 Relief from Prejudicial Joinder
Rule 15 Depositions
Rule 16 Discovery and Inspection
Rule 17 Subpoena
Rule 17.1 Pretrial Conference
Rule 18 Venue and Change of Venue
Rule 19 Magistrates
Rule 20 [Reserved]
Rule 21 Transfer From Common Pleas Court for Trial
Rule 22 Recording of Proceedings
Rule 23 Trial By Jury or By The Court
Rule 24 Trial Jurors
Rule 25 Disability of a Judge
Rule 26 Substitution of Photographs for Physical Evidence
Rule 27 Proof of Official Record; Judicial Notice: Determination of Foreign Law
Rule 28 [Reserved]
Rule 29 Motion for Acquittal
Rule 30 Instructions
Rule 31 Verdict
Rule 32 Sentence

VOLUME 17 CRIMINAL PROCEDURE

Rule 32.1 Withdrawal of Guilty Plea
Rule 32.2 Presentence Investigation
Rule 32.3 Revocation of Community Release
Rule 33 New Trial
Rule 34 Arrest of Judgment
Rule 35 PostřConviction Petition
Rule 36 Clerical Mistakes
Rule 37–40 [Reserved]
Rule 41 Search and Seizure
Rule 42 [Reserved]
Rule 43 Presence of the Defendant
Rule 44 Assignment of Counsel
Rule 45 Time
Rule 46 Bail
Rule 47 Motions

VOLUME 18 CRIMINAL PROCEDURE

Rule 48 Dismissal
Rule 49 Service and Filing of Papers
Rule 50 Calendars
Rule 51 Exceptions Unnecessary
Rule 52 Harmless Error and Plain Error
Rule 53 [Reserved]
Rule 54 Amendment of Incorporated Civil Rules
Rule 55 Records
Rule 56 [Reserved]
Rule 57 Rule of Court; Procedure Not Otherwise Specified
Rule 58 Forms
Rule 59 Effective Date
Rule 60 Title

RULES OF APPELLATE PROCEDURE FOR COURTS OF APPEALS RELATING TO CRIMINAL APPEALS:
Rule 1 Scope of Rules
Rule 2 [Omitted]
Rule 3 Appeal as of Right–How Taken
Rule 4 Appeal as of Right–When Taken
Rule 5 Appeals by Leave of Court in Criminal Cases
Rule 6 Concurrent Jurisdictions in Criminal Actions
Rule 7 [Omitted]
Rule 8 Bail and Suspension of Execution of Sentence in Criminal Cases
Rule 9 The Record on Appeal
Rule 10 Transmission of the Record
Rule 11 Docketing the Appeal; Filing of the Record
Rule 11.1 Accelerated Calendar
Rule 12 Determination and Judgment on Appeal
Rule 13 Filing and Service
Rule 14 Computation and Extension of Time
Rule 15 Motions
Rule 16 Brief of the Appellant
Rule 17 [Omitted]
Rule 18 Filing and Service of Briefs
Rule 19 Forms of Briefs and Other Papers
Rule 20 Prehearing Conference
Rule 21 Oral Argument
Rule 22 Entry of Judgment
Rules 23–24 [Omitted]
Rule 25 Motion to Certify a Conflict
Rule 25.1 En Banc Determination
Rule 26 Application for Reconsideration; Application for En Banc Consideration; Application for Reopening
Rule 27 Execution, Mandate
Rule 28–43 [Omitted]

RULES OF PRACTICE OF THE SUPREME COURT RELATING TO CRIMINAL MATTERS:
Introduction
Rule I Requirements For Attorneys Practicing Before the Supreme Court
Rule II Institution of Appeals; Notice of Appeal
Rule III Determination of Jurisdiction on Claimed Appeals of Right and Discretionary Appeals
Rule IV Certification by Court of Appeals Because of Conflict
Rule V Transmittal of Record on Appeal
Rule VI Briefs on the Merits in Appeals
Rule VII Supplement to the Briefs
Rule VIII Requirements As To Form and Number of Documents Filed
Rule IX Oral Argument
Rule X Original Actions
Rule XI Entry of Supreme Court Judgment; Motions for Reconsideration and For Reopening; Issuance of Mandate
Rule XII–XIII [Omitted]
Rule XIV General Provisions
Rule XV–XVIII [Omitted]
Rule XIX Death Penalty Appeals
Rule XX–XXII [Omitted]

SPECIAL PROCEEDINGS RELATED TO CRIMINAL MATTERS:
Chapter 1 Original Actions in the Supreme Court
Chapter 2 Actions in Mandamus
Chapter 3 Actions in Procedendo
Chapter 4 Actions in Prohibition

RULES OF EVIDENCE:
Article I GENERAL PROVISIONS
Rule 101 Scope of Rules: Applicability; Privileges; Exceptions
Rule 102 Purpose and Construction; Supplementary Principles
Rule 103 Rulings on Evidence
Rule 104 Preliminary Questions
Rule 105 Limited Admissibility
Rule 106 Remainder of or Related Writings or Recorded Statements

Article II JUDICIAL NOTICE
Rule 201 Judicial Notice of Adjudicative Facts

Article III PRESUMPTIONS
Rule 301 Presumptions in General in Civil Actions and Proceedings
Rule 302 [Reserved]

Article IV RELEVANCY AND ITS LIMITS
Rule 401 Definition of “Relevant Evidence”
Rule 402 Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
Rule 403 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Undue Delay
Rule 404 Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes
Rule 405 Methods of Proving Character
Rule 406 Habit; Routine Practice
Rule 407 Subsequent Remedial Measures
Rule 408 Compromise and Offers to Compromise
Rule 409 Payment of Medical and Similar Expenses
Rule 410 Inadmissibility of Pleas, Offers of Pleas, and Related Statements
Rule 411 Liability Insurance

Article V PRIVILEGES
Rule 501 General Rule

Article VI WITNESSES
Rule 601 General Rule of Competency
Rule 602 Lack of Personal Knowledge
Rule 603 Oath or Affirmation
Rule 604 Interpreters
Rule 605 Competency of Judge as Witness
Rule 606 Competency of Juror as Witness
Rule 607 Impeachment
Rule 608 Evidence of Character and Conduct of Witness
Rule 609 Impeachment by Evidence of Conviction of Crime
Rule 610 Religious Beliefs or Opinions
Rule 611 Mode and Order of Interrogation and Presentation
Rule 612 Writing Used to Refresh Memory
Rule 613 Impeachment by Self-Contradiction
Rule 614 Calling and Interrogation of Witnesses by Court
Rule 615 Separation and Exclusion of Witnesses
Rule 616 Methods of Impeachment

Article VII OPINIONS AND EXPERT TESTIMONY
Rule 701 Opinion Testimony by Lay Witnesses
Rule 702 Testimony by Experts
Rule 703 Bases of Opinion Testimony by Experts
Rule 704 Opinion on Ultimate Issue
Rule 705 Disclosure of Facts or Data Underlying Expert Opinion

Article VIII HEARSAY
Rule 801 Definitions
Rule 802 Hearsay Rule
Rule 803 Hearsay Exceptions; Availability of Declarant Immaterial
Rule 804 Hearsay Exceptions; Declarant Unavailable
Rule 805 Hearsay Within Hearsay
Rule 806 Attacking and Supporting Credibility of Declarant
Rule 807 Hearsay Exceptions; Child Statements in Abuse Cases

Article IX AUTHENTICATION AND IDENTIFICATION
Rule 901 Requirement of Authentication or Identification
Rule 902 Self-Authentication
Rule 903 Subscribing Witness' Testimony Unnecessary

Article X CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS
Rule 1001 Definitions
Rule 1002 Requirement of Original
Rule 1003 Admissibility of Duplicates
Rule 1004 Admissibility of Other Evidence of Contents
Rule 1005 Public Records
Rule 1006 Summaries
Rule 1007 Testimony or Written Admission of Party
Rule 1008 Functions of Court and Jury

Article XI MISCELLANEOUS RULES
Rule 1101 [Reserved]
Rule 1102 Effective Date
Rule 1103 Title

Table of Statutory References
Table of Cases
Index

Professor Thomas Hagel

Professor Thomas Hagel has taught criminal law and procedure, evidence, and trial practice at the University of Dayton School of Law for over twenty years. He has served as an Acting Judge for Dayton?s Municipal Court for over fifteen years. In addition, he has taught CLE courses and presented at programs sponsored by the Ohio Judicial College.

Prior to his academic career, Professor Hagel was a public defender. He has extensive litigation experience, which includes being chief trial counsel in numerous homicide cases, including some with death penalty specifications.

He graduated from the University of Nebraska College of Law where he served as an associate editor and member of the executive committee of the Nebraska Law Review. He has an LL.M. from Temple University School of Law, where he served as a Law and Humanities Fellow.