Ohio Revised Code

Ohio Rev. Code § 2941.48 (2026)

Recognizance of witnesses for appearance at trial

✓ current as of May 2026

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Effective:

October 1, 1953

Latest Legislation:

House Bill 1 - 100th General Assembly

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In any case pending in the court of common pleas, the court, either before or after indictment, may require any witness designated by the prosecuting attorney to enter into a recognizance, with or without surety, in such sum as the court thinks proper for his appearance to testify in such cause. A witness failing or refusing to comply with such order shall be committed to the county jail until he gives his testimony in such case or is ordered discharged by the court. If a witness is committed to jail upon order of court for want of such recognizance, he shall be paid while so confined like fees as are allowed witnesses by section 2335.08 of the Revised Code. The trial of such case has precedence over other cases and the court shall designate any early day for such trial.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 1992–2024 · leading case: State v. Hollins, 2016 Ohio 5521 (Ohio Ct. App. 2016).

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State v. Hollins, 2016 Ohio 5521 (Ohio Ct. App. 2016). · cites it 7× “{¶7} Accordingly, on October 26, 2015, the state filed a motion pursuant to R.C. 2941.48 for a material witness warrant regarding Bailey.”

Stone v. Holzberger, 807 F. Supp. 1325 (S.D. Ohio 1992). · cites it 7× “48 provides in part: In any case pending in the court of common pleas, the court, either before or after indictment, may require any witness designated by the prosecuting attorney to enter into a recognizance, with or without surety, in such sum as the court thinks proper for…”

State v. Rice, 2019 Ohio 1415 (Ohio Ct. App. 2019). · cites it 2× “Suffice to say, the court was well within its power pursuant to R.C. 2941.48 to require Ms. Hudson to post bond since there was good reason to believe she would not appear to testify in Mr.”

State v. Eatmon, 2022 Ohio 1197 (Ohio 2022). · cites it 6× “18 and R.C. 2941.48 provide mechanisms by which a trial court may secure the presence of a witness at a criminal trial— either by requiring the witness to provide surety or by ordering that the witness be SUPREME COURT OF OHIO detained until trial.”

State v. Eatmon, 2020 Ohio 3592 (Ohio Ct. App. 2020). · cites it 2× “18; and R.C. 2941.48. R.C. 2937.16 “When witnesses shall be recognized to appear” provides: When an accused enters into a recognizance or is committed in default thereof, the judge or magistrate shall require such witnesses against the prisoner as he finds necessary, to enter…”

State v. Dunbar, 2020 Ohio 4568 (Ohio Ct. App. 2020). “The trial court erred in denying motion to correct illegal sentence because said sentence is void as a matter of law, and is contrary to law because not [sic] findings were made on the record that appellant is a prior convicted violent offender, nor does he have a conviction for…”

State v. Kidd, 2021 Ohio 503 (Ohio Ct. App. 2021). “18 and R.C. 2941.48, a material witness warrant may be issued to secure the presence and testimony of a witness at trial.”

State v. Kirks, 2024 Ohio 468 (Ohio Ct. App. 2024). “18 and R.C. 2941.48, a material witness warrant may be issued to secure the presence and testimony of a witness at trial.”

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