# Ohio Crim.R. 4.1: Rule 4.1. Optional Procedure in Minor Misdemeanor Cases

> Ohio · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R4_1

## Section

- **Citation:** Ohio Crim.R. 4.1
- **Heading:** Rule 4.1. Optional Procedure in Minor Misdemeanor Cases
- **Jurisdiction:** Ohio
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Ohio Rules of Court / Practice and Procedure / Ohio Rules of Criminal Procedure / Ohio Crim.R. 4.1

## Text

Optional Procedure in Minor Misdemeanor Cases.

Procedure in minor misdemeanor cases

Notwithstanding Rule 3, Rule 5(A), Rule 10, Rule 11(A), Rule 11(E), Rule 22, Rule 43(A),
and Rule 44, a court may establish the following procedure for all or particular minor
misdemeanors other than offenses covered by the Uniform Traffic Rules.

(B)
Definition of minor misdemeanor

A minor misdemeanor is an offense for which the potential penalty does not exceed a fine
of one hundred fifty dollars. With respect to offenses committed prior to January 1, 2004,
a minor misdemeanor is an offense for which the potential penalty does not exceed a fine
of one hundred dollars.

(C)
Form of citation

In minor misdemeanor cases a law enforcement officer may issue a citation. The citation
shall: contain the name and address of the defendant; describe the offense charged; give
the numerical designation of the applicable statute or ordinance; state the name of the law
enforcement officer who issued the citation; and order the defendant to appear at a stated
time and place.

The citation shall inform the defendant that, in lieu of appearing at the time and place
stated, he may, within that stated time, appear personally at the office of the clerk of court
and upon signing a plea of guilty and a waiver of trial pay a stated fine and stated costs, if
any. The citation shall inform the defendant that, in lieu of appearing at the time and place
stated, he may, within a stated time, sign the guilty plea and waiver of trial provision of the
citation, and mail the citation and a check or money order for the total amount of the fine
and costs to the violations bureau. The citation shall inform the defendant that he may be
arrested if he fails to appear either at the clerk's office or at the time and place stated in the
citation.

(D)
Duty of law enforcement officer
time, sign the guilty plea and waiver of trial provision of the
citation, and mail the citation and a check or money order for the total amount of the fine
and costs to the violations bureau. The citation shall inform the defendant that he may be
arrested if he fails to appear either at the clerk's office or at the time and place stated in the
citation.

(D)
Duty of law enforcement officer

A law enforcement officer who issues a citation shall complete and sign the citation form,
serve a copy of the completed form upon the defendant and, without unnecessary delay,
swear to and file the original with the court.

(E)
Fine schedule

The court shall establish a fine schedule which shall list the fine for each minor
misdemeanor, and state the court costs. The fine schedule shall be prominently posted in
the place where violation fines are paid.

(F)
Procedure upon failure to appear

When a defendant fails to appear, the court may issue a supplemental citation, or a
summons or warrant under Rule 4. Supplemental citations shall be in the form prescribed
by division (C) of this rule, but shall be issued and signed by the clerk and served in the
same manner as a summons under Rule 4.

(G)
Procedure where defendant does not enter a waiver

Where a defendant appears but does not sign a guilty plea and waiver of trial, the court
shall proceed in accordance with Rule 5.

## Nearby sections

- [Ohio Crim.R. 1 Rule 1. Scope of Rules: Applicability; Construction; Exceptions](https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R1.md)
- [Ohio Crim.R. 2 Rule 2. Definitions](https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R2.md)
- [Ohio Crim.R. 2.1 Rule 2.1. Victim’s Rights and Responsibilities](https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R2_1.md)
- [Ohio Crim.R. 3 Rule 3. Complaint](https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R3.md)
- [Ohio Crim.R. 4 Rule 4. Warrant or Summons; Arrest](https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R4.md)
- [Ohio Crim.R. 4.1 Rule 4.1. Optional Procedure in Minor Misdemeanor Cases](https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R4_1.md)
- [Ohio Crim.R. 5 Rule 5. Initial Appearance, Preliminary Hearing](https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R5.md)
- [Ohio Crim.R. 6 Rule 6. The Grand Jury](https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R6.md)
- [Ohio Crim.R. 7 Rule 7. The Indictment and the Information](https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R7.md)
- [Ohio Crim.R. 8 Rule 8. Joinder of Offenses and Defendants](https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R8.md)
- [Ohio Crim.R. 9 Rule 9. Warrant or Summons Upon Indictment or Information](https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R9.md)
- [Ohio Crim.R. 10 Rule 10. Arraignment](https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R10.md)
- [Ohio Crim.R. 11 Rule 11. Pleas, Rights Upon Plea](https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R11.md)
- [Ohio Crim.R. 11.1 Rule 11.1. Standard Notice Concerning Possession or Purchase of a Firearm](https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R11_1.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_OH_CRIM_R4_1. Check the current official text before relying on it. Not legal advice.
