TITLE 29. CRIMES -- PROCEDURE
CHAPTER 2935. ARREST, CITATION, AND DISPOSITION ALTERNATIVES
ORC Ann. 2935.17 (2013)
§ 2935.17. Affidavit forms; authority of supreme court to prescribe
(A) An affidavit in either of the following forms is sufficient:
(1) "State of Ohio,
........... County, ss:
Before me, A.B., personally came C.D., who being duly sworn according to
law deposes and says that on or about the day of .........., ....., at the
county of .......... one E.F. (here describe the offense as nearly according
to the nature thereof as the case will admit, in ordinary concise language)
C.D.
Sworn to and subscribed before me this .... day of .........., ....
A.B., County Judge
Clerk of ...... Court"
(2) "State of Ohio,
........... County, ss:
Before me, A.B., personally came C.D., who being duly sworn according to
law says that on or about the ....... day of ........, ....., one E.F. did:
(here listing several common offenses, plainly but tersely described as: fail
to stop at stop sign, pass at crest of grade, etc., with a ruled box before
each, and then showing an X or distinctive mark in front of the offense
claimed to be committed). C.D.
Sworn to before me and subscribed in my presence this ....... day of
........, .....[.]
A.B., County Judge
Clerk of ...... Court"
(B) A complaint in the following form is sufficient:
"State of Ohio,
........ County, ss:
The undersigned (assistant) prosecuting attorney of ..................
County complains that on or about the ...... day of ........., ....., one
E.F. did (here describing the offense committed as above) based on affidavit
of ............ filed with me.
Prosecuting Attorney/City Director of Law"
Provided, that the supreme court of Ohio, may, by rule, provide for the uniform type and language to be used in any affidavit or complaint to be filed in any court inferior to the court of common pleas for violations of the motor vehicle and traffic acts and related ordinances and in any notice to violator to appear in such courts, and may require that such forms and no other, shall be received in such courts, and issued to violators.
HISTORY:
128 v 97 (Eff 1-1-60); 137 v H 219 (Eff 11-1-77); 148 v H 495. Eff 5-9-2000.