Ohio Rev. Code » Chapter 2937
Ohio Revised Code

Ohio Rev. Code § 2937.10 (2026)

Setting preliminary hearing for felony cases

✓ laws through the 2026 session (checked Sept. 2026)
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Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
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If the charge be a felony and there be no written plea of guilty or waiver of examination, or the court or magistrate refuses to receive such waiver, the court or magistrate, with the consent of the prosecutor and the accused, may set the matter for hearing forthwith, otherwise he shall set the matter for hearing at a fixed time in the future and shall notify both prosecutor and defendant promptly of such time of hearing.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1957–2026 · leading case: State ex rel. Haynes v. Powers, 254 N.E.2d 19 (Ohio 1969).
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State ex rel. Haynes v. Powers, 254 N.E.2d 19 (Ohio 1969). · cites it 4× “Section 2937.10, Eevised Code, provides as follows: “If the charge be a felony and there be no written plea of guilty or waiver of examination, or the court or magistrate refuses to receive such waiver, the court or magistrate, with the consent of the prosecutor and the accused,…”
State v. Mitchell, 329 N.E.2d 682 (Ohio 1975). · cites it 2× “11 provided: “At the preliminary hearing, pursuant to Section 2937.10 of the Revised Code, the prosecutor may, but shall not be required to, state orally the case for the state, and shall then proceed to examine witnesses and introduce exhibits for the state, under the rules of…”
State v. Ross, 2026-Ohio-1606. “{¶ 25} In all these cases, Ohio courts have recognized a defendant's ability to waive rights or entitlements, even when a trial court has an affirmative obligation to provide those rights or entitlements to the defendant.”
State v. Haycook, 144 N.E.2d 890 (Ohio Ct. App. 1957). · cites it 2× “Section 2937.10, Revised Code, is applicable here and provides in part as follows: “If the complaint is not made by the party injured and the accused pleads guilty, the magistrate shall require the accused to enter into a recognizance to appear before the proper court.”
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