Ohio Rev. Code » Chapter 2945
Ohio Revised Code

Ohio Rev. Code § 2945.28 (2026)

Form of oath to jury

✓ current as of May 2026
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Effective:
May 18, 2005
Latest Legislation:
Senate Bill 71 - 125th General Assembly
PDF:
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(A) In criminal cases jurors and the jury shall take the following oath to be administered by the trial court or the clerk of the court of common pleas, and the jurors shall respond to the oath "I do swear" or "I do affirm": "Do you swear or affirm that you will diligently inquire into and carefully deliberate all matters between the State of Ohio and the defendant (giving the defendant's name)? Do you swear or affirm you will do this to the best of your skill and understanding, without bias or prejudice? So help you God."

A juror shall be allowed to make affirmation and the words "this you do as you shall answer under the pains and penalties of perjury" shall be substituted for the words, "So help you God."

(B) If, on or after the effective date of this amendment, a court that impanels a jury in a criminal case uses the oath that was in effect prior to the effective date of this amendment instead of the oath set forth in division (A) of this section, the court's use of the former oath does not invalidate or affect the validity of the impanelment of the jury or any action taken by the jury.
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2006–2024 · leading case: State v. Conway, 108 Ohio St. 3d 214 (Ohio 2006).
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State v. Conway, 108 Ohio St. 3d 214 (Ohio 2006). · cites it 3× “Administration of Oath to Jury {¶ 53} In his sixth proposition of law, Conway maintains that the trial court’s having the bailiff, rather than the clerk of the common pleas court, administer the oath to the jurors, as R.C. 2945.28 directs, was prejudicial. R.”
State v. Flesch, 2019 Ohio 1039 (Ohio Ct. App. 2019). “R.C. 2945.28(A). Let there be no doubt- Flesch, by his own admission and the testimony of four other jurors, failed to keep his oath.”
State v. Hopkins, 2023 Ohio 2816 (Ohio Ct. App. 2023). “-2- Clermont CA2022-11-074 {¶ 7} When a defendant charged with a first- or second-degree felony is found incompetent to stand trial, the common pleas court can require the defendant to undergo treatment for up to one year if there is a substantial probability that, with…”
State v. Buckhalter, 2024 Ohio 1986 (Ohio Ct. App. 2024). · cites it 4× “The first reads: Appellant’s conviction by an unsworn jury is a nullity or plain or structural error in violation of the Federal Constitution, the Constitution of the State of Ohio and R.C. 2945.28 requiring reversal. Buckhalter argues the jurors in his case were never sworn…”
— Ohio Rev. Code § 2945.28(A) — 1 case
State v. Flesch, 2019 Ohio 1039 (Ohio Ct. App. 2019). “R.C. 2945.28(A). Let there be no doubt- Flesch, by his own admission and the testimony of four other jurors, failed to keep his oath.”
— Ohio Rev. Code § 2945.28(B)(1) — 1 case
State v. Hopkins, 2023 Ohio 2816 (Ohio Ct. App. 2023). “-2- Clermont CA2022-11-074 {¶ 7} When a defendant charged with a first- or second-degree felony is found incompetent to stand trial, the common pleas court can require the defendant to undergo treatment for up to one year if there is a substantial probability that, with…”
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