Ohio Revised Code

Ohio Rev. Code § 2937.08 (2026)

Court action on pleas of not guilty or once in jeopardy in misdemeanor cases

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Effective:

January 1, 1960

Latest Legislation:

Senate Bill 73 - 103rd General Assembly

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Upon a plea of not guilty or a plea of once in jeopardy, if the charge be a misdemeanor in a court of record, the court shall proceed to set the matter for trial at a future time, pursuant to Chapter 2938. of the Revised Code, and shall let accused to bail pending such trial. Or he may, but only if both prosecutor and accused expressly consent, set the matter for trial forthwith.

Upon the entry of such pleas to a charge of misdemeanor in a court not of record, the magistrate shall forthwith set the matter for future trial or, with the consent of both state and defendant may set trial forthwith, both pursuant to Chapter 2938. of the Revised Code, provided that if the nature of the offense is such that right to jury trial exists, such matter shall not be tried before him unless the accused, by writing subscribed by him, waives a jury and consents to be tried by the magistrate.

If the defendant in such event does not waive right to jury trial, then the magistrate shall require the accused to enter into recognizance to appear before a court of record in the county, set by such magistrate, and the magistrate shall thereupon certify all papers filed, together with transcript of proceedings and accrued costs to date, and such recognizance if given, to such designated court of record. Such transfer shall not require the filing of indictment or information and trial shall proceed in the transferee court pursuant to Chapter 2938. of the Revised Code.

Notes of Decisions

Cited in 15 cases, 1961–1999 · leading case: City of Brecksville v. Cook, 661 N.E.2d 706 (Ohio 1996).

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City of Brecksville v. Cook, 661 N.E.2d 706 (Ohio 1996). “Partlow that “a transfer of a case from a mayor’s court to a municipal court for a jury trial pursuant to R.C. 2937.08 constitutes a removal within the contemplation of R.”

Brecksville v. Cook, 75 Ohio St. 3d 53 (1996). “Partlow that “a transfer of a case from a mayor’s court to a municipal court for a jury trial pursuant to R.C. 2937.08 constitutes a removal within the contemplation of R.”

Rose v. Vill. of Peninsula, 839 F. Supp. 517 (N.D. Ohio 1993). · cites it 3× “to hear and determine all criminal causes involving any moving traffic violation occurring on a state highway located within the boundaries of the municipal corporation, subject to the limitations of sections 2937.08 and 2938.04 of the Revised Code.”

State ex rel. Coyne v. Todia, 543 N.E.2d 1271 (Ohio 1989). “1 of the Revised Code, the mayor of such municipal corporation has jurisdiction to hear and determine any prosecution for the violation of an ordinance of the municipal corporation, and has jurisdiction in all criminal causes involving moving traffic violations occurring on…”

City of Gahanna v. Partlow, 501 N.E.2d 51 (Ohio Ct. App. 10th Dist. 1985). · cites it 4× “71(B) provides that: “A person against whom a charge of misdemeanor * * * is pending in a court of record, shall be brought to trial: it * * * “(2) Within ninety days after his arrest or the service of summons * * Not only is a mayor’s court not a court of record, such court has…”

Schorle v. City of Greenhills, 524 F. Supp. 821 (S.D. Ohio 1981). “Code, provides that a Mayor’s Court has jurisdiction to hear and determine any prosecution for violation of its ordinances subject to the limitations set forth in Sections 2937.08 and 2938.04, Ohio Rev.Code.”

DePiero v. City of Macedonia, 180 F.3d 770 (6th Cir. 1999). “If the defendant in such event does not waive right to jury trial, then the magistrate shall require the accused to enter into recognizance to appear before a court of record in the county[J Ohio Rev.Code § 2937.08. See also Ohio Rev.”

Banks v. City of Forest Park, 599 F. Supp. 465 (S.D. Ohio 1984). · cites it 2× “The limitations placed upon a Mayor’s Court’s exercise of jurisdiction by Ohio Rev.Code §§ 2937.08, 2938.04 may define a clear absence of jurisdiction.”

State ex rel. Boston Heights v. Petsche, 499 N.E.2d 1250 (Ohio Ct. App. 9th Dist. 1985). “of the Revised Code, and has jurisdiction in all criminal causes involving moving traffic violations occurring on state highways located within the boundaries of the municipal corporation, subject to the limitations of sections 2937.08 and 2938.34 of the Revised Code.”

Vill. of Covington v. Lyle, 433 N.E.2d 597 (Ohio 1982). “ovides, in pertinent part: “In all municipal corporations not being the site of a municipal court nor a place where a judge of the * * * Miami county * * * municipal court sits * * * , the mayor of the municipal corporation has jurisdiction to hear and determine any prosecution…”

Vill. of Monroeville v. Ward, 254 N.E.2d 375 (Ohio Ct. App. 1969). “vised Code; *26 “* * # the mayor of such municipal corporation has jurisdiction to hear and determine any prosecution for the violation of an ordinance of the municipal corporation, and has jurisdiction in all criminal causes involving moving traffic violations occurring on…”

State v. Magana, 184 N.E.2d 525 (Ohio Ct. App. 10th Dist. 1961). · cites it 4× “In courts not of record jury trial may not be had, but failure to waive jury in writing where right to jury trial may be asserted shall require the magistrate to certify such case to a court of record as provided in Section 2937.08 of the Revised Code.” Section 2938.”

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