Ohio Rev. Code » Chapter 2945
Ohio Revised Code

Ohio Rev. Code § 2945.51 (2026)

When imprisoned defendant may be taken to deposition - expenses

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Effective:
October 13, 1965
Latest Legislation:
House Bill 153 - 106th General Assembly
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When a deposition is to be taken in this state, and a commission is granted under section 2945.50 of the Revised Code while the defendant is confined in jail, the sheriff or deputy or other person having custody of the defendant shall be ordered by the court to take the defendant to the place of the taking of the deposition, and have him before the officer at the time of taking such deposition. Such sheriff or deputy or other person having custody of the defendant shall be reimbursed for actual reasonable traveling expenses for himself and the defendant, the bills for the same, upon the approval of the board of county commissioners, to be paid from the county treasury on the warrant of the county auditor. Such sheriff shall receive as fees therefor, one dollar for each day in attendance thereat. Such fees and traveling expenses shall be taxed and collected as other fees and costs in the case.

Last updated March 14, 2024 at 3:50 PM

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1966–2023 · leading case: State v. Fisher, 2023-Ohio-2088.
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State v. Fisher, 2023-Ohio-2088. “18(A)(5)(a)(i), (ii); R.C. 2945.51(D). “Although the ‘best practice’ is for the trial court to put the basis for its findings regarding a defendant’s ability to pay on the record, the trial court is not required to explicitly make findings on the record.”
State ex rel. Jackman v. Court of Common Pleas of Cuyahoga Cnty., 224 N.E.2d 906 (Ohio 1967). “Moreover, in the light of Sections 2945.51, 2945.52, 2945.53 and 2945.”
State ex rel. Clifford v. Cloud, 218 N.E.2d 605 (Ohio 1966). · cites it 2× “48, Revised Code, “taxed and paid as other costs against the state”), expenses of transporting the defendant to the place of taking depositions (Section 2945.51, Revised Code, “taxed and collected as other fees and costs in the case”), fees of commissioners for depositions…”
State Ex Rel. Jackman v. Court of Common Pleas of Cuyahoga Cnty., 217 N.E.2d 251 (Ohio Ct. App. 8th Dist. 1966). · cites it 2× “’ ’ Section 2945.51, Eevised Code (Section 13444-12, General Code), requires the sheriff to take the defendant to the place (and at the time) where the deposition is to be taken in this state.”
Ohio Rev. Code § 2945.51(D): 1 case
State v. Fisher, 2023-Ohio-2088. “18(A)(5)(a)(i), (ii); R.C. 2945.51(D). “Although the ‘best practice’ is for the trial court to put the basis for its findings regarding a defendant’s ability to pay on the record, the trial court is not required to explicitly make findings on the record.”
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