Ohio Rev. Code » Chapter 2945
Ohio Revised Code

Ohio Rev. Code § 2945.35 (2026)

Papers the jury may take

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Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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Upon retiring for deliberation, the jury, at the discretion of the court, may take with it all papers except depositions, and all articles, photographs, and maps which have been offered in evidence. No article or paper identified but not admitted in evidence shall be taken by the jury upon its retirement.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1957–2025 · leading case: State v. Williams, 610 N.E.2d 545 (Ohio Ct. App. 9th Dist. 1992).
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State v. Williams, 610 N.E.2d 545 (Ohio Ct. App. 9th Dist. 1992). · cites it 5× “Finally, we do not agree that the trial court violated R.C. 2945.35 by allowing the jurors to refer to their notes during deliberations.”
State v. Morgan, 719 N.E.2d 102 (Ohio Ct. App. 8th Dist. 1998). · cites it 2× “The case proceeded to trial and after the jury began deliberations, the trial court sua sponte declared a mistrial, stating: “The Court is, upon its own motion, pursuant to Ohio Revised Code Section 2945.35 and 2945.36C, declaring mistrial in this matter.”
State v. Roulette, 2011-Ohio-6993. · cites it 3× “Roulette relies on R.C. 2945.35, which governs the items that may be brought to the jury room during deliberations.”
State v. Mathes, 2013-Ohio-1732. “See R.C. 2945.35; State v. Graven, 52 Ohio St.”
State v. Ajumu, 2011-Ohio-2520. “The court refused to allow the video into evidence on grounds that it was “needless” in light of the girlfriend having testified to the matters shown on the video and because the video was only available on the state’s laptop computer, which could lead to certain technical…”
State v. Gray, 2025-Ohio-2428. · cites it 2× “It’s under case law Section 2945.35.” The record does not reflect the nature of said documents, nor that a foundation had been laid for their admission, and the trial court properly determined that they could not be provided to the jury during their deliberations.”
Indianapolis & Se. Trailways, Inc. v. Cincinnati Street Ry. Co., 166 Ohio St. (N.S.) 310 (Ohio 1957). · cites it 2× “As to criminal cases, Section 2945.35, Revised Code (Section 13444-26, General Code), recites that, “upon retiring for deliberation, the jury, at the discretion of the court, may take with them all papers except depositions.”
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