At any time after an issue of fact is joined upon an indictment, information, or an affidavit, the prosecution or the defendant may apply in writing to the court in which such indictment, information, or affidavit is pending for a commission to take the depositions of any witness. The court or a judge thereof may grant such commission and make an order stating in what manner and for what length of time notice shall be given to the prosecution or to the defendant, before such witness shall be examined.
State ex rel. Jackman v. Court of Common Pleas of Cuyahoga Cnty., 224 N.E.2d 906 (Ohio 1967). · cites it 14דThat section reads as follows: “At any time after an issue of fact is joined upon an in *161 dictment, information, or an affidavit, the prosecution or the defendant may apply in writing to the court in which such indictment, information, or affidavit is pending for a commission…”
State ex rel. Thomas v. McGinty (Slip Opinion), 2020 Ohio 5452 (Ohio 2020). · cites it 2דIn that case, two criminal defendants applied to the common pleas court for a commission to depose several witnesses under R.C. 2945.50. The relators, nonparties to the criminal proceeding, sought a writ of prohibition to enjoin the trial court from entering an order authorizing…”
State v. Daniel, 647 N.E.2d 174 (Ohio Ct. App. 1994). · cites it 3דAppellant argues that, inasmuch as R.C. 2945.50 permits the trial court to allow depositions to be taken of witnesses in a criminal case, in this particular case, the trial court abused its discretion in denying appellant’s request to do so.”
State v. Caroline's Kids Pet Rescue, 2023 Ohio 761 (Ohio Ct. App. 2023). · cites it 7דOn December 15, 2021, Caroline’s moved the trial court to appoint a commission pursuant to R.C. 2945.50 to take Childers’ deposition.”
State v. Hill, 232 N.E.2d 394 (Ohio 1967). · cites it 2דFirst, the claim is made that the trial court committed reversible error in overruling defendant’s motion to appoint a commissioner to take pretrial depositions under the provisions of Section 2945.50, Revised Code. Such motion was overruled *90 for the stated reason “that said…”
State v. Belcher, 2013 Ohio 1234 (Ohio Ct. App. 2013). “The trial court settled the dispute and instructed the witnesses that they could not be forced at that point to speak with the defense, but that if they chose not to do so, procedures did exist under R.C. 2945.50 that could require witnesses to speak with the defense.”
Vill. of Monroeville v. Ward, 254 N.E.2d 375 (Ohio Ct. App. 1969). · cites it 2דThe Court of Appeals issued the writ, holding that amended Section 2945.50, Revised Code, which authorized the trial judge’s intended action, violated Section 10, Article I of the Ohio Constitution, and also constituted an unlawful delegation of legislative powers to the trial…”
Disciplinary Couns. v. Campbell, 2010 Ohio 3265 (Ohio 2010). “” {¶ 10} During a later off-the-record discussion of the plea agreement, respondent opened a volume of the Ohio Revised Code to R.C. 2945.50, covering depositions in criminal cases, and left the bench.”
State v. Lominack, 2013 Ohio 2678 (Ohio Ct. App. 2013). “2d 394 (1967), paragraph one of the syllabus (construing the analogous provisions of R.C. 2945.50). The decision of the court in such matters will not be disturbed unless an abuse of discretion is shown.”
State Ex Rel. Jackman v. Court of Common Pleas of Cuyahoga Cnty., 217 N.E.2d 251 (Ohio Ct. App. 1966). · cites it 12דThis is an action originating in this court, seek-' ing a writ of prohibition against the Court of Common Pleas *183 of Cuyahoga County to prohibit that court from granting and , carrying into execution an application to appoint a commission ■to take the depositions of certain…”
State v. Stark, 222 N.E.2d 794 (Ohio Ct. App. 1966). · cites it 6דDeriving from this constitutional grant of authority, Section 2945.50 of the Revised Code, as effective October 13, 1965 (131 Ohio Laws 681), provides: “At any time after an issue of fact is joined upon an indictment, information, or an affidavit, the prosecution or the…”
113703, 2024 Ohio 6019 (Ohio Ct. App. 2024). · cites it 2דThe commissioners appointed under section 2945.50 of the Revised Code to take depositions shall receive such compensation as the court directs, to be paid out of the county treasury and taxed as part of the costs in the case.”
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