Ohio Revised Code

Ohio Rev. Code § 2945.05 (2026)

Defendant may waive jury 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 all criminal cases pending in courts of record in this state, the defendant may waive a trial by jury and be tried by the court without a jury. Such waiver by a defendant, shall be in writing, signed by the defendant, and filed in said cause and made a part of the record thereof. It shall be entitled in the court and cause, and in substance as follows: "I _______________, defendant in the above cause, hereby voluntarily waive and relinquish my right to a trial by jury, and elect to be tried by a Judge of the Court in which the said cause may be pending. I fully understand that under the laws of this state, I have a constitutional right to a trial by jury."

Such waiver of trial by jury must be made in open court after the defendant has been arraigned and has had opportunity to consult with counsel. Such waiver may be withdrawn by the defendant at any time before the commencement of the trial.

Notes of Decisions

Cited in 259 cases (61 in the last 5 years), 1954–2026 · leading case: State v. Pless, 658 N.E.2d 766 (Ohio 1996).

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State v. Pless, 658 N.E.2d 766 (Ohio 1996). · cites it 24× “R.C. 2945.05 provides that: “In all criminal eases pending in courts of record in this state, the defendant may waive a trial by jury and be tried by the court without a jury.”

State ex rel. Larkins v. Baker, 653 N.E.2d 701 (Ohio 1995). · cites it 40× “The pertinent statutory provisions provide: R.C. 2945.05: “In all criminal cases pending in courts of record in this state, the defendant may waive a trial by jury and be tried by the court without a jury.”

State v. Pless, 1996 Ohio 102 (Ohio 1996). · cites it 31× “] Criminal law—Requirements for waiver of right to trial by jury—Absent strict compliance with R.C. 2945.05, trial court lacks jurisdiction to try defendant without a jury—Failure to comply with R.”

State v. Lomax, 872 N.E.2d 279 (Ohio 2007). · cites it 13× “{¶ 1} We accepted this discretionary appeal of the state of Ohio to clarify the meaning of the “open court” requirement in R.C. 2945.05 and to determine the significance of written waivers with respect to the right to trial by jury.”

State v. Sims, 2017 Ohio 8379 (Ohio Ct. App. 2017). · cites it 11× “*1057 {¶ 1} In this appeal, defendant-appellant Shawntel Sims argues that the trial court lacked jurisdiction to accept his no-contest pleas without first obtaining a written waiver of his right to a jury trial pursuant to R.C. 2945.05, and that the trial court erred in denying…”

Pratts v. Hurley, 102 Ohio St. 3d 81 (Ohio 2004). · cites it 7× “2d 766 (holding that the written waiver requirements of R.C. 2945.05 must be strictly observed). {¶ 15} In support of his argument, appellant cites State v.”

State v. Sanders, 935 N.E.2d 905 (Ohio Ct. App. 2010). · cites it 16× “{¶ 8} Appellant argues in his first assignment of error that the trial court lacked subject-matter jurisdiction to try him because his waiver of a jury trial was not knowingly, intelligently, and voluntarily made, and the trial court failed to strictly comply with the…”

State v. Sweeting, 2019 Ohio 2360 (Ohio Ct. App. 2019). · cites it 19× “Sweeting contends that the court failed to strictly comply with R.C. 2945.05 because he did not sign a jury waiver, and that any purported waiver was not knowingly and intelligently made.”

State v. Roberson, 2021 Ohio 3705 (Ohio Ct. App. 2021). · cites it 13× “Appellant contends that absent an acknowledgement on the record that he personally signed the jury waiver form, the requirements of R.C. 2945.05 were not met and the trial court lacked jurisdiction to conduct a bench trial.”

State v. Nagel, 84 Ohio St. 3d 280 (Ohio 1999). · cites it 23× “The issue for our consideration is whether the requirements of R.C. 2945.05 apply to requests made by a defendant pursuant to former R.”

State v. Jackson (Slip Opinion), 2014 Ohio 3707 (Ohio 2014). · cites it 6× “{¶ 107} R.C. 2945.05 requires that a “waiver of trial by jury must be made in open court after the defendant has been arraigned and has had opportunity to consult with counsel.”

State v. Burnside, 930 N.E.2d 372 (Ohio Ct. App. 2010). · cites it 17× “” {¶ 44} In his first assignment of error, Burnside claims that he did not validly waive his right to a jury trial, because he did not waive that right in open court, as required by R.”

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