Amended 10/6/98; Effective 10/12/98
Amended 8/12/14; Effective 8/29/14
A. ARRAIGNMENT
1. Schedule: All arraignments shall be:
a. Scheduled as ordered in the indictment on Tuesdays and Thursdays at 8:30 a.m.,
unless otherwise ordered by the assigned Judge; and
b. Heard by the Grand Jury Judge or the assigned Judge.
2. Explanation of Rights: If a defendant not represented by counsel is brought before the
Court and called upon to plead, the Judge shall:
a. Inform the defendant of the charge and the defendant’s rights as required by R.C. §
2937.02 and Crim. R. 10;
b. If the defendant expresses a desire to consult with an attorney, continue the case
for a reasonable time to obtain counsel; and
c. If the defendant is unable to obtain counsel, order the assignment of an attorney for
the defendant from the Appointed Counsel List as set forth in Mont. Co. C.P.R.
3.09(A) or from the Public Defender’s Office.
3. Joint Arraignment:
If there are multiple defendants to be arraigned, the Judge may, by general
announcement, advise all defendants of their rights.
4. Pleas Made During Arraignment:
a. Guilty:
i. Felony Offense:
If the defendant enters a guilty plea to a felony offense, a disposition date shall
be set before the assigned Judge.
ii. Misdemeanor Offense:
If the defendant enters a guilty plea to a misdemeanor offense, the Grand Jury
Judge may make an immediate disposition.
b. Not Guilty or Not Guilty by Reason of Insanity: If the defendant enters a not guilty
plea or a not guilty by reason of insanity plea, the following provisions shall apply:
i. The defendant must be present, except that the Grand Jury Judge or the
assigned Judge, with the written consent of the defendant and the approval of
the prosecuting attorney, may permit arraignment without the presence of the
defendant.
ii. The Grand Jury Judge shall set a date and time for a scheduling conference
before the assigned Judge. The Grand Jury Judge shall order defense counsel to
meet with the prosecutor for a pretrial conference prior to the scheduling
conference.
iii. If a not guilty by reason of insanity plea is entered, the Grand Jury Judge shall
notify the assigned Judge so that the appropriate referrals for evaluations may
be made to determine the defendant’s mental condition at the time of the
commission of the offense.
5. Bail:
If the charged offense is a bailable offense, the Grand Jury Judge shall set bail.
B. DISCOVERY:
1. Upon demand by the defendant, if pro se, or defense counsel (“Demand”), the
prosecutor shall deliver an information packet (“Discovery Packet”) to the defendant or
defense counsel (“Discovery Recipient”). A receipt for the Discovery Packet shall be
executed by the prosecutor and the Discovery Recipient (“Receipt”). The Receipt shall
be filed of record. The Discovery Packet shall contain:
a. Copies of all police reports, including the defendant’s prior criminal record;
b. Copies of all witness statements;
c. All statements made by the defendant and co-defendant(s), if any;
d. Copies of all reports of examinations and tests made in connection with the
particular case that are available to or within the possession, custody, or control of
the State;
e. The names and addresses of all witnesses; and
f. Copies of all documents and a list of all tangible objects which are available to or
within the possession, custody, or control of the State and are material to the
preparation of a defense; are intended for use by the prosecuting attorney as
evidence at trial; or were obtained from or belong to the defendant.
2. Execution of a Demand and Receipt for a Discovery Packet and acceptance of the
Discovery Packet by the Discovery Recipient triggers the reciprocal discovery
requirements set forth in Crim. R. 16, and the defendant, if pro se, or defense counsel is
required to submit to the prosecutor discovery as defined in Subsection (B)(1) of this
Rule. As set forth in Crim. R. 16(A), the prosecutor and defendant, if pro se, or defense
counsel have a continuing duty to supplement discovery.
3. Police reports included in the Discovery Packet shall not be used for cross examination
of any witness unless properly qualified under Crim. R. 16(B)(6) and Evid. R. 613.
C. SCHEDULING CONFERENCE:
1. The dates for hearing preliminary motions and for trial shall be fixed at the scheduling
conference or as soon thereafter as is practicable, as determined by the assigned Judge.
2. Change of Plea:
a. If, during the arraignment, the defendant entered a not guilty or not guilty by reason
of insanity plea and the defendant later decides to enter a guilty or no contest plea,
the defendant or defense counsel shall inform the assigned Judge of the guilty or no
contest plea before or during the scheduling conference.
b. The defendant may enter a guilty or no contest plea at any time following the
scheduling conference to the charge or charges against the defendant set forth in
the indictment or bill of information, but, after the scheduling conference, the
defendant may not enter a guilty or no contest plea to reduced charges, unless
approved by the assigned Judge for good cause shown.
D. WITNESS LIST:
1. At the final pretrial conference, or if there is no scheduled final pretrial conference, no
later than seven days before trial, the prosecutor and defendant, if pro se, or defense
counsel shall file a written list of witnesses. The list need not include possible rebuttal
witnesses.
2. Failure to comply with Subsection (D)(1) of this Rule may result in the exclusion of the
testimony of any witnesses who were not so identified.
Montgomery County Courts Building
41 N Perry St
Dayton, OH 45422
Reibold Building
14 W 4th St
Dayton, OH 45402
