Ohio Rev. Code » Chapter 2945
Ohio Revised Code

Ohio Rev. Code § 2945.10 (2026)

Order of proceedings of trial

✓ current as of May 2026
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Effective:
March 23, 2015
Latest Legislation:
House Bill 663 - 130th General Assembly
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The trial of an issue upon an indictment or information shall proceed before the trial court or jury as follows:

(A) Counsel for the state must first state the case for the prosecution, and may briefly state the evidence by which the counsel for the state expects to sustain it.

(B) The defendant or the defendant's counsel must then state the defense, and may briefly state the evidence which the defendant or the defendant's counsel expects to offer in support of it.

(C) The state must first produce its evidence and the defendant shall then produce the defendant's evidence.

(D) The state will then be confined to rebutting evidence, but the court, for good reason, in furtherance of justice, may permit evidence to be offered by either side out of its order.

(E) When the evidence is concluded, one of the following applies regarding jury instructions:

(1) In a capital case that is being heard by a jury, the court shall prepare written instructions to the jury on the points of law, shall provide copies of the written instructions to the jury before orally instructing the jury, and shall permit the jury to retain and consult the instructions during the court's presentation of the oral instructions and during the jury's deliberations.

(2) In a case that is not a capital case, either party may request instructions to the jury on the points of law, which instructions shall be reduced to writing if either party requests it.

(F) When the evidence is concluded, unless the case is submitted without argument, the counsel for the state shall commence, the defendant or the defendant's counsel follow, and the counsel for the state conclude the argument to the jury.

(G) The court, after the argument is concluded and before proceeding with other business, shall forthwith charge the jury. Such charge shall be reduced to writing by the court if either party requests it before the argument to the jury is commenced. Such charge, or other charge or instruction provided for in this section, when so written and given, shall not be orally qualified, modified, or explained to the jury by the court. Written charges and instructions shall be taken by the jury in their retirement and returned with their verdict into court and remain on file with the papers of the case.

The court may deviate from the order of proceedings listed in this section.
Notes of Decisions
Cited in 75 cases (10 in the last 5 years), 1954–2026 · leading case: State v. Perry, 802 N.E.2d 643 (Ohio 2004).
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State v. Perry, 802 N.E.2d 643 (Ohio 2004). · cites it 5× “{¶ 1} The question presented in this ease is whether the failure of the trial court to maintain written jury instructions with the “papers of the case” in violation of R.C. 2945.10(G) is cause for the automatic reversal of a defendant’s conviction.”
State v. Schiebel, 564 N.E.2d 54 (Ohio 1990). · cites it 4× “We conclude that Schiebel should have been allowed the opportunity to inspect the written instructions that were taken into the jury room.”
State v. Mankin, 2020 Ohio 5317 (Ohio Ct. App. 2020). · cites it 6× “01 relates to trial proceedings more generally, including civil trials, while R.C. 2945.10 relates specifically to criminal trials, and because the language of these two statutes is the same in all relevant respects, the cases applying to R.”
State v. Jenkins, 473 N.E.2d 264 (Ohio 1984). · cites it 2× “Bayless, supra: “Any decision to vary the order of proceedings at trial in R.C. 2945.10 is within the sound discretion of the trial court, and any claim that the trial court erred in following the statutorily mandated order of proceedings must sustain a heavy burden to…”
State v. Creech (Slip Opinion), 2016 Ohio 8440 (Ohio 2016). · cites it 2× “The appellant argued that the trial court erred by failing to maintain the written jury instructions “with the papers of the case” pursuant to R.C. 2945.10(G). Perry at ¶ 7. We determined that the trial court did, in fact, deviate 19 SUPREME COURT OF OHIO from that legal rule by…”
State v. Sheppard, 128 N.E.2d 471 (Ohio Ct. App. 1955). · cites it 8× “” The defendant requested the court to reduce its charge to writing as provided by Section 2945.10, Revised Code, which provides: “(C) The court, after the argument is concluded and before proceeding with other business, shall forthwith charge the jury.”
State v. Rentschler, 2023 Ohio 3009 (Ohio Ct. App. 2023). · cites it 6× “Constitution, Article I, Sections 1, 10, and 16 of the Ohio Constitution, R.C. 2945.10(G), Crim.R. 30, and Crim.R. 31(A).”
State v. Grant, 620 N.E.2d 50 (Ohio 1993). · cites it 2× “’ ” In proposition of law twenty, Grant argues that the trial court erred in commenting upon her unsworn statement in mitigation.”
State v. Bell, 2019 Ohio 340 (Ohio Ct. App. 2019). · cites it 2× “{¶91} R.C. 2945.10 sets forth the “order of proceedings of trial” and states in pertinent part: The trial of an issue upon an indictment or information shall proceed before the trial court or jury as follows: (C) The state must first produce its evidence and the defendant shall…”
State v. Filiaggi, 714 N.E.2d 867 (Ohio 1999). · cites it 2× “R.C. 2945.10(C) specifies the order of proceedings at trial: “The state must first produce its evidence and the defendant shall then produce his evidence.”
State v. Varouh, 2020 Ohio 528 (Ohio Ct. App. 2020). · cites it 6× “Construing that provision, the Ohio Supreme Court has held that “[a]ny decision to vary the order of proceedings at trial in R.C. 2945.10 is within the sound discretion of the trial court, and any claim that the trial court erred in following the statutorily mandated order of…”
State v. Sneed, 584 N.E.2d 1160 (Ohio 1992). · cites it 2× “R.C. 2945.10(G) allows the trial court to provide the jury with written instructions.”
Show all 75 citing cases →
— Ohio Rev. Code § 2945.10(A) — 3 cases
State v. Sewell, 2018 Ohio 2027 (Ohio Ct. App. 2018).
City of Univ. Heights v. Dachman, 484 N.E.2d 199 (Ohio Ct. App. 1984).
State v. Scott, 455 N.E.2d 1363 (Ohio Ct. App. 1983).
— Ohio Rev. Code § 2945.10(B) — 2 cases
State v. Kearns, 2016 Ohio 5941 (Ohio Ct. App. 2016).
State v. Copeland, 2016 Ohio 1537 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2945.10(C) — 6 cases
State v. Bell, 2019 Ohio 340 (Ohio Ct. App. 2019). “{¶91} R.C. 2945.10 sets forth the “order of proceedings of trial” and states in pertinent part: The trial of an issue upon an indictment or information shall proceed before the trial court or jury as follows: (C) The state must first produce its evidence and the defendant shall…”
State v. Filiaggi, 714 N.E.2d 867 (Ohio 1999). “R.C. 2945.10(C) specifies the order of proceedings at trial: “The state must first produce its evidence and the defendant shall then produce his evidence.”
State v. Filiaggi, 1999 Ohio 99 (Ohio 1999).
State v. Gill, 2026 Ohio 748 (Ohio Ct. App. 2026).
State v. Colburn, 2013 Ohio 4662 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2945.10(D) — 11 cases
State v. Grant, 620 N.E.2d 50 (Ohio 1993). “’ ” In proposition of law twenty, Grant argues that the trial court erred in commenting upon her unsworn statement in mitigation.”
State v. Filiaggi, 714 N.E.2d 867 (Ohio 1999). “R.C. 2945.10(C) specifies the order of proceedings at trial: “The state must first produce its evidence and the defendant shall then produce his evidence.”
State v. Awkal, 667 N.E.2d 960 (Ohio 1996).
State v. Waller, 2023 Ohio 493 (Ohio Ct. App. 2023).
State v. Filiaggi, 1999 Ohio 99 (Ohio 1999).
— Ohio Rev. Code § 2945.10(F) — 2 cases
State v. Jenkins, 473 N.E.2d 264 (Ohio 1984). “Bayless, supra: “Any decision to vary the order of proceedings at trial in R.C. 2945.10 is within the sound discretion of the trial court, and any claim that the trial court erred in following the statutorily mandated order of proceedings must sustain a heavy burden to…”
State v. Rogers, 478 N.E.2d 984 (Ohio 1985).
— Ohio Rev. Code § 2945.10(G) — 23 cases
State v. Perry, 802 N.E.2d 643 (Ohio 2004). “{¶ 1} The question presented in this ease is whether the failure of the trial court to maintain written jury instructions with the “papers of the case” in violation of R.C. 2945.10(G) is cause for the automatic reversal of a defendant’s conviction.”
State v. Schiebel, 564 N.E.2d 54 (Ohio 1990). “We conclude that Schiebel should have been allowed the opportunity to inspect the written instructions that were taken into the jury room.”
State v. Mankin, 2020 Ohio 5317 (Ohio Ct. App. 2020). “01 relates to trial proceedings more generally, including civil trials, while R.C. 2945.10 relates specifically to criminal trials, and because the language of these two statutes is the same in all relevant respects, the cases applying to R.”
State v. Creech (Slip Opinion), 2016 Ohio 8440 (Ohio 2016). “The appellant argued that the trial court erred by failing to maintain the written jury instructions “with the papers of the case” pursuant to R.C. 2945.10(G). Perry at ¶ 7. We determined that the trial court did, in fact, deviate 19 SUPREME COURT OF OHIO from that legal rule by…”
State v. Rentschler, 2023 Ohio 3009 (Ohio Ct. App. 2023). “Constitution, Article I, Sections 1, 10, and 16 of the Ohio Constitution, R.C. 2945.10(G), Crim.R. 30, and Crim.R. 31(A).”
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