Ohio Loc. App. R. 4.2

As amended through October 29, 2024

Rule 4.2 - Bail and Stay of Execution in Criminal Cases

(A) Filing

All motions for bail and stay of execution of a criminal sentence shall be made in the first instance to the trial court, as required by App.R. 8. If any such motion is denied by the trial court, or if the trial court declines to rule on the application within a reasonable amount of time, the motion may be made in the Court of Appeals.

(B) Content of the motion

All motions for bail and stay of execution of a criminal sentence shall be accompanied by a copy of the judgment entry of sentence. The motion must indicate that the request for stay was made and ruled on in the trial court or an explanation of why application to the trial court for the relief sought is not practicable.

A memorandum in support, with supporting evidence, shall be filed with the motion and shall contain:

(1) A statement of the offense for which the party was found guilty and the sentence imposed by the trial court;

(2) A discussion of the defendant's likelihood of success on appeal, along with submission of relevant portions of the record demonstrating error if available;

(3) A listing of the defendant's prior convictions, if any;

(4) A listing of current charges still outstanding against the defendant, if any;

(5) A record of the defendant's failure to appear at court proceedings or of flight to avoid prosecution;

(6) The defendant's family ties, employment, financial resources, character, mental condition, length of residence in the community, and jurisdiction of residence;

(7) A statement of the amount of bail the party is requesting and in what manner it will be secured;

(8) Any other factor that may be relevant to the Court.

(C) Service of and response to the motion

When a motion for bail and stay of sentence is filed by the defendant under this rule, it must be served upon the prosecuting attorney, law director, or city solicitor according to whomever is handling the prosecution of the case. The response of the opposing party to a motion for bail and stay of sentence shall be due within seven days from the filing of the motion to stay. The Court, within its discretion, can either extend or shorten the period for the filing of the response. In cases in which the victim has requested notification of court proceedings, the state is required to timely notify the victim of the pending motion. The victim may file a response within seven days from the filing of the motion to stay.

(D) Decision

The motion shall be ruled upon, after reasonable notice to the appellee, upon the papers, affidavits, and portions of the record presented by the parties.

Ohio. Loc. App. R. 4.2

Amended eff. 1/1/2022; amended eff. 2/1/2024.