Ohio Revised Code

Ohio Rev. Code § 2937.18 (2026)

Commitment of witness refusing to give recognizance

✓ current as of May 2026

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Effective:

March 23, 1973

Latest Legislation:

House Bill 511 - 109th General Assembly

PDF:

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If a witness ordered to give recognizance fails to comply with such order, the judge or magistrate shall commit him to such custody or open or close detention as may be appropriate under the circumstances, until he complies with the order or is discharged. Commitment of the witness may be to the custody of any suitable person or public or private agency, or to an appropriate detention facility other than a jail, or to a jail, but the witness shall not be confined in association with prisoners charged with or convicted of crime. The witness, in lieu of the fee ordinarily allowed witnesses, shall be allowed twenty-five dollars for each day of custody or detention under such order, and shall be allowed mileage as provided for other witnesses, calculated on the distance from his home to the place of giving testimony and return. All proceedings in the case or cases in which the witness is held to appear shall be given priority over other cases and had with all due speed.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1992–2022 · leading case: State v. Hollins, 2016 Ohio 5521 (Ohio Ct. App. 2016).

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State v. Hollins, 2016 Ohio 5521 (Ohio Ct. App. 2016). · cites it 2× “{¶27} The state contends that upon granting its motion, the court should have ordered Bailey detained pursuant to R.C. 2937.18, which provides that “if a witness ordered to give recognizance fails to comply with such order, the judge * * * shall commit him to such custody or…”

Stone v. Holzberger, 807 F. Supp. 1325 (S.D. Ohio 1992). · cites it 3× “See Ohio Rev.Code § 2937.18 and § 2941.48; see also Ex.”

State v. Eatmon, 2022 Ohio 1197 (Ohio 2022). · cites it 3× “{¶ 17} R.C. 2937.18, which governs a witness’s refusal to comply with a recognizance order, provides: If a witness ordered to give recognizance fails to comply with such order, the judge or magistrate shall commit him to such custody or open or close detention as may be…”

State v. Eatmon, 2020 Ohio 3592 (Ohio Ct. App. 2020). · cites it 2× “16; R.C. 2937.18; and R.C. 2941.48. R.C. 2937.”

Shrit v. Williams, 2014 Ohio 5173 (Ohio Ct. App. 2014). “{¶ 27} The Shrits also contend that R.C. 2937.18(H) is unconstitutional as applied in this case because it (1) requires the filing of a legally unjustified lawsuit as a condition precedent to underinsured motorist benefits; and (2) requires that any lawsuit be predicated on full…”

— Ohio Rev. Code § 2937.18(H) — 1 case

Shrit v. Williams, 2014 Ohio 5173 (Ohio Ct. App. 2014). “{¶ 27} The Shrits also contend that R.C. 2937.18(H) is unconstitutional as applied in this case because it (1) requires the filing of a legally unjustified lawsuit as a condition precedent to underinsured motorist benefits; and (2) requires that any lawsuit be predicated on full…”

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