Ohio Traf. R. 8

As amended through October 29, 2024
Rule 8 - Arraignment
(A) Arraignment time. Where practicable, every defendant shall be arraigned before contested matters are taken up. Trial may be conducted immediately following arraignment.
(B) Arraignment procedure. Arraignment shall be conducted in open court and shall consist of reading the complaint to the defendant, or stating to the defendant the substance of the charge, and calling on the defendant to plead thereto. The defendant shall be given a copy of the complaint, or shall acknowledge receipt thereof, before being called upon to plead and may in open court waive the reading of the complaint.
(C) Presence of defendant. The defendant must be present at the arraignment, but the court may allow the defendant to enter a not guilty plea at the clerk's office in person, or by electronic transmission as approved by the court, by the defendant's attorney in person, or by the defendant's attorney by mail, within ten days after receipt of the ticket by the defendant.
(D) Explanation of rights. Before calling upon a defendant to plead at arraignment the judge shall cause the defendant to be informed and shall determine that the defendant knows and understands:
(1) That the defendant has a right to counsel and the right to a reasonable continuance in the proceedings to secure counsel, and, pursuant to Crim.R. 44, the right to have counsel assigned without cost to defendant if defendant is unable to employ counsel;
(2) That defendant has a right to bail as provided in Rule 4;
(3) That defendant need make no statement at any point in the proceeding; but any statement made may be used against the defendant;
(4) That defendant has, where such right exists, a right to jury trial and that the defendant must, in petty offense cases, make a demand for a jury pursuant to Crim.R. 23;
(5) That if defendant is convicted a record of the conviction will be sent to the Bureau of Motor Vehicles and become part of defendant's driving record.
(E) Joint arraignment. If there are multiple defendants to be arraigned, the judge may advise, or cause them to be advised, of their rights by general announcement.

Ohio. Traf. R. 8

Effective:1/1/1975; amended effective 7/1/2022.