Ohio Revised Code

Ohio Rev. Code § 2939.22 (2026)

Filing indictments with clerk of court of common pleas

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Effective:

October 1, 1953

Latest Legislation:

House Bill 1 - 100th General Assembly

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Indictments found by a grand jury shall be presented by the foreman to the court of common pleas, and filed with the clerk of the court of common pleas, who shall indorse thereon the date of such filing and enter each case upon the appearance docket and the trial docket of the term when the persons indicted have been arrested. The court shall assign such indictments for trial under section 2945.02 of the Revised Code, and recognizances of defendants and witnesses shall be taken for their appearance in court. When a case is continued to the next term of court, such recognizance shall require the appearance of the defendants and witnesses at a time designated by the court. Secret indictments shall not be docketed by name until after the apprehension of the accused.

Notes of Decisions

Cited in 7 cases (3 in the last 5 years), 1971–2025 · leading case: State v. Reed, 2022-Ohio-3461.

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State v. Reed, 2022-Ohio-3461. · cites it 5× “6(F) and R.C. 2939.22 required the grand jury foreman to present an envelope to the common pleas court judge containing the indictment and that the judge in this case did not receive or inspect the grand jury envelope or its contents, such that the trial court “did not take…”

State v. Rohde, 2014-Ohio-5580. · cites it 3× “6(F) and R.C. 2939.22. These provisions require the indictment to be returned by the foreman to the trial court and then filed with the clerk who must endorse the date of filing.”

State v. Sumlin, 2025-Ohio-550, 263 N.E.3d 1166. · cites it 2× “Pursuant to R.C. 2939.22, when a grand jury returns an indictment, “[t]he court shall assign such indictments for trial under section 2945.”

Hammond v. Brown, 323 F. Supp. 326 (N.D. Ohio 1971). · cites it 2× “This language of the entry is based on Ohio Rev. Code § 2939.22 that specifies that “Secret indictments shall not be docketed by name until after the apprehension of the accused.”

State v. Ali, 2021-Ohio-4303. “6(C) and (F) and R.C. 2939.22); State v. Ali, 8th Dist. Cuyahoga No.”

Henderson v. Saffold, 2014-Ohio-306. “CR-520709 and CR-530899 were not properly filed pursuant to R.C. 2939.22. A defective indictment may not be challenged through an original action.”

State v. Haynes, 2015-Ohio-4582. “”) Because the indictments in these cases were never delivered to the judge of the common pleas court who was presiding over the grand jury, the indictments were not returned and prosecution was not commenced.”

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