In courts of record right to trial by jury as defined in section 2945.17 of the Revised Code shall be claimed by making demand in writing therefor and filing the same with the clerk of the court not less than three days prior to the date set for trial or on the day following receipt of notice whichever is the later. Failure to claim jury trial as provided in this section is a complete waiver of right thereto. 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.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1960–2026 · leading case: City of Mentor v. Giordano, 224 N.E.2d 343 (Ohio 1967).
City of Mentor v. Giordano, 224 N.E.2d 343 (Ohio 1967). · cites it 2ד” And compare Section 2938.04, Revised Code. Although in the particular case and under the particular facts, a judgment of conviction in a Municipal Court was set aside, the Court of Appeals for Washington County in interpreting the above-quoted section in State v.”
Rose v. Vill. of Peninsula, 839 F. Supp. 517 (N.D. Ohio 1993). · cites it 2ד2d 37 (* * * * * 1988) Section 2938.04 likewise provides for a jury trial before a court of record in compliance with Ohio Rev.”
DePiero v. City of Macedonia, 180 F.3d 770 (6th Cir. 1999). “See also Ohio Rev. Code § 2938.04 ("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.”
Brady v. Blair, 427 F. Supp. 5 (S.D. Ohio 1976). “See also, § 2938.04, Ohio Revised Code. The Fifth District Court of Appeals held that petitioner was not entitled to a jury trial because neither he nor his attorney filed a written demand for a jury trial and because he went to trial without objecting to the Court sitting…”
State v. Magana, 184 N.E.2d 525 (Ohio Ct. App. 1961). · cites it 12דThe trial court, in overruling the demand based its decision upon the provisions of Section 2938.04 of the Revised Code, enacted in Amended Substitute Senate Bill No.”
Banks v. City of Forest Park, 599 F. Supp. 465 (S.D. Ohio 1984). · cites it 2ד00, Emmett Banks did not waive his right to a jury trial in writing as he contends is required by Ohio Rev.Code §§ 2938.04, 2937.08, 2945.17.”
Welsh v. Ohio State Med. Bd., 165 N.E.2d 658 (Ohio Ct. App. 1960). “, now see §2938.04 R. C.), at that time provided: “In prosecutions before a magistrate, when imprisonment is a part of the punishment, if a trial by jury is demanded, the magistrate, not less than three days nor more than five days before the time fixed for trial, shall certify…”
City of Cincinnati v. Hill, 281 N.E.2d 15 (Ohio Ct. App. 1971). · cites it 4דThe defendant, Hill, presents three assignments of error : (1) “Defendant was denied due process of law when his request for jury trial was rejected, although he had filed a jury demand in strict compliance with Ohio Revised Code, Section 2938.04”,- (2) “The defendant was denied…”
State v. Weaver, 2025 Ohio 3094 (Ohio Ct. App. 2025). “5(A)(5); R.C. 2938.04. The trial court also failed to comply with Crim.”
State v. Christian, 2026 Ohio 365 (Ohio Ct. App. 2026). “] Appellant was denied the right to a fair trial memorialized in the Fifth, Sixth, And Fourteenth Amendments of the United States Constitution, Article I, Sections 1, 10, and 16 of the Ohio Constitution, and R.C. 2938.04 as to Count One in the indictment when the prosecutor…”
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