Ohio Rev. Code » Chapter 2937
Ohio Revised Code

Ohio Rev. Code § 2937.281 (2026)

Recognizance forms

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Effective:
July 1, 1976
Latest Legislation:
House Bill 300 - 111th General Assembly
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In cases of felony, the recognizance shall be signed by the accused and one or more adult residents of the county in which the case is pending, who shall own, in the aggregate, real property double the amount set as bail, over and above all encumbrances and liable to execution in at least that amount; or it may be signed by the accused and a surety company authorized to do business in this state.

In cases of misdemeanor, the recognizance may be signed by the accused and one or more adult residents, qualified as set forth above or as to personal property ownership, by the accused and surety company, or, if authorized by judge or magistrate, by the accused alone. In cases of misdemeanors arising under Chapters 4501., 4503., 4505., 4507., 4509., 4511., 4513., 4517., and 4549. of the Revised Code, and related ordinance offenses (except those of driving under the influence of intoxicating liquor or controlled substances and leaving the scene of an accident) the court or magistrate shall accept guaranteed arrest bond with respect to which a surety company has become surety as provided in section 3929.141 of the Revised Code in lieu of cash bail in an amount not to exceed two hundred dollars.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2014–2023 · leading case: State v. Berry, 2014-Ohio-2715.
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State v. Berry, 2014-Ohio-2715. “R.C. 2937.281; Crim.R. 46(A)(3). Thus, where a surety bond serves as a recognizance, it "is a contract in which the surety promises the court that it will pay a monetary penalty if the accused who is released on the bond posted by the surety fails to appear in court when ordered.”
State v. Guzman, 2020-Ohio-539, 152 N.E.3d 412. “, quoting Berry at ¶ 9, citing R.C. 2937.281 and Crim.R. 46(A)(3). “A ‘surety bail bond is ‘a court accepted bond instrument from a licensed insurance company issued for or on behalf of an incarcerated person held under criminal charges.”
State v. Urch, 2019-Ohio-3996. “, citing R.C. 2937.281; Crim.R. 46(A)(3). {¶18} “Thus, where a surety bond serves as recognizance, it ‘is a contract in which the surety promises the court that it will pay a monetary penalty if the accused who is released on the bond posted by the surety fails to appear in…”
State v. Wane, 2020-Ohio-4874. “22(A)(3), a recognizance is a "written undertaking by one or more persons to forfeit the sum of money set by the court or magistrate, if the accused is in default for appearance.”
Fairfield v. Lopez, 2018-Ohio-914. “R.C. 2937.281. "[A] surety bond is a contract that is subject to the rules governing the performance of contracts * * *.”
State v. Lumb, 2023-Ohio-3562. “22(A)(3), a recognizance is a "written undertaking by one or more persons to forfeit the sum of money set by the court or magistrate, if the accused is in default for appearance." A surety bond is a form of recognizance.”
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