Ohio Rev. Code » Chapter 2941 - Ohio Revised Code | Ohio Laws
Ohio Revised Code

Ohio Rev. Code § 2941.401 (2026)

Request for a final disposition on pending charges by prisoner

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
PDF:
Download Authenticated PDF
 

When a person has entered upon a term of imprisonment in a correctional institution of this state, and when during the continuance of the term of imprisonment there is pending in this state any untried indictment, information, or complaint against the prisoner, the prisoner shall be brought to trial within one hundred eighty days after the prisoner causes to be delivered to the prosecuting attorney and the appropriate court in which the matter is pending, written notice of the place of the prisoner's imprisonment and a request for a final disposition to be made of the matter, except that for good cause shown in open court, with the prisoner or the prisoner's counsel present, the court may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the warden or superintendent having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time served and remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the adult parole authority relating to the prisoner.

The written notice and request for final disposition shall be given or sent by the prisoner to the warden or superintendent having custody of the prisoner, who shall promptly forward it with the certificate to the appropriate prosecuting attorney and court by registered or certified mail, return receipt requested. If the appropriate prosecuting attorney and agency having custody of the prisoner have previously agreed, then the written notice, request, and certificate may be sent by electronic mail or facsimile, in lieu of registered mail or certified mail.

The warden or superintendent having custody of the prisoner shall promptly inform the prisoner in writing of the source and contents of any untried indictment, information, or complaint against the prisoner, concerning which the warden or superintendent has knowledge, and of the prisoner's right to make a request for final disposition thereof.

Escape from custody by the prisoner, subsequent to the prisoner's execution of the request for final disposition, voids the request.

If the action is not brought to trial within the time provided, subject to continuance allowed pursuant to this section, no court any longer has jurisdiction thereof, the indictment, information, or complaint is void, and the court shall enter an order dismissing the action with prejudice.

This section does not apply to any person adjudged to be mentally ill or who is under sentence of life imprisonment or death, or to any prisoner under sentence of death.

Last updated August 9, 2023 at 3:11 PM

Notes of Decisions
Cited in 146 cases (43 in the last 5 years), 1982–2026 · leading case: State v. Irish, 2019 Ohio 2765 (Ohio Ct. App. 2019).
Sort: Relevance Newest Treatment
State v. Irish, 2019 Ohio 2765 (Ohio Ct. App. 2019). · cites it 46× “It contends that because Irish was imprisoned in an Ohio correctional institution on unrelated charges when the indictment was issued, the period of time within which it was required to bring Irish to trial was governed exclusively by R.C. 2941.401. (Id. at 17-18). According to…”
State v. Mize, 2022 Ohio 3163 (Ohio Ct. App. 2022). · cites it 18× “{¶ 2} After reviewing the record, we find no error on the trial court’s part, as the court did not violate Mize’s speedy trial rights under R.C. 2941.401, which was the applicable statute.”
State v. Hairston, 804 N.E.2d 471 (Ohio 2004). · cites it 11× “{¶ 1} In this appeal, we are asked to determine whether R.C. 2941.401 places a duty of reasonable diligence on the state to discover the whereabouts of an incarcerated defendant against whom charges are pending.”
State v. Moore, 2014 Ohio 4879 (Ohio Ct. App. 2014). · cites it 55× “{¶5} On January 23, 2013, Moore filed a motion for speedy trial pursuant to R.C. 2941.401, in each of the five cases relevant to this appeal.”
Cleveland Hts. v. Coleman, 2021 Ohio 846 (Ohio Ct. App. 2021). · cites it 46× “: Jimmy Coleman appeals his misdemeanor conviction for disorderly conduct, entered following a plea of no contest after the trial court rejected Coleman’s speedy trial violation claims advanced under R.C. 2941.401. For the following reasons, we affirm the conviction.”
State v. Cartlidge, 2020 Ohio 3615 (Ohio Ct. App. 2020). · cites it 15× “R.C. 2941.401. Ohio’s general speedy trial statutes are located in R.”
State v. Wagner, 2021 Ohio 1671 (Ohio Ct. App. 2021). · cites it 14× “{¶ 10} Wagner argues that the trial court overruled his motions to dismiss as a result of its misapplication of R.C. 2941.401, which mandates that a person against whom “any untried indictment, information or complaint” is pending, while the person is serving “a term of…”
State v. Brown, 722 N.E.2d 594 (Ohio Ct. App. 1998). · cites it 20× “The trial court found that R.C. 2941.401 barred the state, plaintiff below and appellant herein, from prosecuting appellee for the indicted offense.”
State v. Logan, 593 N.E.2d 395 (Ohio Ct. App. 1991). · cites it 18× “On that day, defendant completed and signed a form entitled “Notice Of Untried Indictment, Information Of Complaint And Of Right To Request Disposition,” indicating his desire for a disposition of the untried indictment within one hundred eighty days pursuant to R.C. 2941.401.…”
State v. James, 2014 Ohio 1702 (Ohio Ct. App. 2014). · cites it 20× “{¶ 2} Appellant assigns the following errors for review: FIRST ASSIGNMENT OF ERROR: “APPELLANT’S SPEEDY TRIAL RIGHTS UNDER R.C. 2941.401 WERE VIOLATED DUE TO THE WARDEN FAILING TO PROMPTLY FORWARD APPELLANT’S REQUEST FOR FINAL DISPOSITION TO THE PROSECUTING ATTORNEY AND COURT.”
State v. Charity, 2013 Ohio 5385 (Ohio Ct. App. 2013). · cites it 36× “{¶9} The state raises a single assignment of error that states: THE TRIAL COURT ABUSED ITS DISCRETION WHEN IT DISMISSED DEFENDANT’S INDICTMENT; BECAUSE COMPETENT AND CREDIBLE -2- EVIDENCE DOES NOT ESTABLISH THAT THE TRIAL COURT PROPERLY APPLIED R.”
State v. McCain, 2016 Ohio 4992 (Ohio Ct. App. 2016). · cites it 15× “R.C. 2941.401 creates statutory speedy trial rights for persons incarcerated in state prison who face pending charges during the term of their incarceration.”
Show all 146 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.