Ohio Rev. Code » Chapter 2938
Ohio Revised Code

Ohio Rev. Code § 2938.03 (2026)

Setting criminal cases for trial - continuances - assignment of judges

✓ current as of May 2026
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Effective:
January 1, 1960
Latest Legislation:
Senate Bill 73 - 103rd General Assembly
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The magistrate, or judge or clerk of court of record, shall set all criminal cases for a trial at a date not later than thirty days after plea is received, or in those cases in which the charge has been reduced on preliminary hearing or has been certified by another magistrate, then at a date not later than thirty days from fixing of charge or receipt of transcript as the case may be. Continuances beyond such date shall be granted only upon notice to the opposing party and for good cause shown.

Criminal cases shall be given precedence over civil matters in all assignments for trial and if the volume of contested criminal matters in courts of more than one judge is such as to require it, the chief justice or presiding judge of such court shall assign additional judges from other divisions of the court to assist in the trial of such criminal matters; in the case of county courts, the presiding judge of the court of common pleas shall assign county judges from other areas of jurisdiction within the county to assist those county judges whose volume of criminal cases requires assistance.
Notes of Decisions
Cited in 4 cases, 1985–2006 · leading case: State ex rel. CNG Fin. Corp. v. Nadel, 855 N.E.2d 473 (Ohio 2006).
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State ex rel. CNG Fin. Corp. v. Nadel, 855 N.E.2d 473 (Ohio 2006). “R.C. 2938.03. Dinsmore & Shohl, L.L.P., Mark A.”
State v. McCall, 787 N.E.2d 1241 (Ohio Ct. App. 2003). “He asserts that this conduct violated R.C. 2938.03, R.C. 2945.02, and Sup.R. 41(B)(1), because criminal cases must take priority over civil cases.”
Vill. of Boston Heights v. Weikle, 610 N.E.2d 526 (Ohio Ct. App. 1991). “For reasons which are not clear, Weikle has based his arguments upon R.C. 2938.03, an obscure provision governing the setting and continuing of cases before magistrates.”
City of Gahanna v. Partlow, 501 N.E.2d 51 (Ohio Ct. App. 1985). “Additionally, R.C. 2938.03 requires that a criminal case, which “has been certified by another magistrate,” shall be set for trial, “at a date not later than thirty days from * * * receipt of transcript * * Such requirement, however, does not statutorily mandate dismissal of the…”
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