Ohio Rev. Code » Chapter 2935
Ohio Revised Code

Ohio Rev. Code § 2935.17 (2026)

Form of affidavit

✓ current as of May 2026
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Effective:
May 9, 2000
Latest Legislation:
House Bill 495 - 123rd General Assembly
PDF:
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(A) An affidavit in either of the following forms is sufficient:

(1) "State of Ohio,

___________________________ County, ss:

Before me, A.B., personally came C.D., who being duly sworn according to law deposes and says that on or about the day of ___________, _____, at the county of __________ one E.F. (here describe the offense as nearly according to the nature thereof as the case will admit, in ordinary concise language) C.D.

Sworn to and subscribed before me this ________ day of __________, ____

A.B., County Judge

Clerk of _____________ Court"

(2) "State of Ohio,

___________________________ County, ss:

Before me, A.B., personally came C.D., who being duly sworn according to law says that on or about the ______ day of _________, ____, one E.F. did: (here listing several common offenses, plainly but tersely described as: fail to stop at stop sign, pass at crest of grade, etc., with a ruled box before each, and then showing an X or distinctive mark in front of the offense claimed to be committed). C.D.

Sworn to before me and subscribed in my presence this ________ day of ________, ____

A.B., County Judge

Clerk of _____________ Court"

(B) A complaint in the following form is sufficient:

"State of Ohio,

___________________________ County, ss:

The undersigned (assistant) prosecuting attorney of __________ County complains that on or about the _____ day of _____________, ____, one E.F. did (here describing the offense committed as above) based on affidavit of __________________ filed with me.

______________________________

Prosecuting Attorney/City

Director of Law"

Provided, that the supreme court of Ohio, may, by rule, provide for the uniform type and language to be used in any affidavit or complaint to be filed in any court inferior to the court of common pleas for violations of the motor vehicle and traffic acts and related ordinances and in any notice to violator to appear in such courts, and may require that such forms and no other, shall be received in such courts, and issued to violators.
Notes of Decisions
Cited in 13 cases, 1962–2020 · leading case: City of Willoughby v. Hugebeck, 206 N.E.2d 234 (Ohio Ct. App. 1964).
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City of Willoughby v. Hugebeck, 206 N.E.2d 234 (Ohio Ct. App. 1964). · cites it 7× “The difficulty lies, not in the general format of the ticket itself, for this is specifically authorized by Section 2935.17, Revised Code, nor in the terseness of the language, for the *39 same section of the Code allows plain, but terse, descriptions, and some of the examples…”
City of Cleveland v. Winchell, 444 N.E.2d 465 (Ohio Ct. App. 1981). · cites it 2× “The Ohio Traffic Rules were promulgated by the Ohio Supreme Court under authority granted by R.C. 2935.17 and 2937.46. R.C. 2935.17 provides in part: “* * * [T]he supreme court of Ohio may, by rule, provide for the uniform type and language to be used in any affidavit or…”
State v. Whitt, 210 N.E.2d 279 (Ohio Ct. App. 1964). · cites it 4× “He further asserts that the complaint follows the form prescribed by Section 2935.17, Revised Code. Plaintiff’s view is sustained by the First District Court of Appeals in State, ex rel.”
State v. Jones, 2012 Ohio 1301 (Ohio Ct. App. 2012). “* * * ” R.C. 2935.17(A)(1). See also R.C. 2935.19.”
State v. Bowman, 187 N.E.2d 627 (Ohio Ct. App. 1962). · cites it 4× “Section 2935.17, Revised Code (128 Ohio Laws, 97, 101), entitled “Affidavit forms; authority of Supreme Court to prescribe,” sets forth, separately, the forms of affidavit and complaint which are declared sufficient.”
State v. Maynard, 203 N.E.2d 332 (Ohio 1964). · cites it 2× “* * *” The appellants assert that this language requires a prosecution for violation of the section to be commenced by filing a form of process described as a “complaint” in Section 2935.17 (B), Revised Code, and further that it prohibits the use of an affidavit to commence such…”
City of Toledo v. Fogel, 485 N.E.2d 302 (Ohio Ct. App. 1985). “The Code of Professional Responsibility, for example, was promulgated pursuant to Section 2, Article IV of the Ohio Constitution and R.”
State v. Biedenharn, 250 N.E.2d 778 (Ohio Ct. App. 1969). · cites it 2× “See Section 2935.17, Revised Code. Its purpose is two-fold; to cause the arrest and prosecution of the person named therein and to advise him of the offense with which he stands accused.”
State v. Bogadi, 449 N.E.2d 785 (Ohio Ct. App. 1982). “The Traffic Rules were “* * * promulgated pursuant to authority granted the Supreme Court by R.C. 2935.17 and 2937.46. They shall be construed and applied to secure the fair, impartial, speedy and sure administration of justice, simplicity and uniformity in procedure, and the…”
State v. McKittrick, 2011 Ohio 5899 (Ohio Ct. App. 2011). “{¶ 10} R.C. 2935.17 gives the Ohio Supreme Court the authority to provide by rule for the uniform type and language to be used in any affidavit or complaint filed in any court inferior to the common pleas court for violations in all moving traffic cases.”
State v. Freed, 2020 Ohio 655 (Ohio Ct. App. 2020). “1(B), ONLY "PROMULGATED [THE TRAFFIC RULES] PURSUANT TO THE AUTHORITY GRANTED THE SUPREME COURT BY R.C.2935.17 AND 2937.46", AND DIVISION (A) OF THAT LETTER SECTIONS, 2937.”
Lakewood v. Tate, 2018 Ohio 2731 (Ohio Ct. App. 2018). “{¶12} R.C. 2935.17 gives the Supreme Court of Ohio the authority to provide by rule for the uniform type and language to be used in any affidavit or complaint filed in any court inferior to the common pleas court for violation of motor vehicle and traffic laws.”
Show all 13 citing cases →
— Ohio Rev. Code § 2935.17(A)(1) — 1 case
State v. Jones, 2012 Ohio 1301 (Ohio Ct. App. 2012). “* * * ” R.C. 2935.17(A)(1). See also R.C. 2935.19.”
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