Ohio Code § 2945.10

Ohio Code § 2945.10. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 2945.10.

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.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 2945.10
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

What is the source of Ohio Revised Code § 2945.10?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 2945.10 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 2945.10 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

Can this page be used as legal advice?

No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.