Rule 8 - Bail and Stay of Execution of Sentence in Criminal CasesA. Misdemeanor Cases 1. The defendant must first seek application for release on bail and stay of sentence from the trial court.2. If the defendant is on bail when the notice of appeal is filed, upon written motion filed by the defendant, the execution of the sentence shall thereby be stayed and the defendant shall continue on the same bail during the pendency of the appeal unless this Court, for good cause shown, orders a new or additional bond. The defendant shall attach a copy of the judgment entry of sentence to the motion, along with proof that he or she was released on bail at the time the notice of appeal was filed.3. If the application for release on bail and for stay of sentence is denied by the trial court, or if the trial court declines to rule on the application within a reasonable amount of time, a motion for bail and stay of sentence may be made to the Court of Appeals and decided by a minimum of two judges thereof. A copy of the judgment entry of sentence shall be attached to the application. A memorandum in support shall be filed with the motion and shall contain: a. confirmation that the motion for release on bail and stay of sentence was denied by the trial court or has not been ruled upon in a reasonable amount of time;b. a statement of the offense for which the party was found guilty and the sentence imposed by the trial court;c. a listing of the defendant's prior convictions, if any;d. a listing of current charges pending against the defendant, if any;e. a record of the defendant's failure to appear at court proceedings, or of flight to avoid prosecution;f. the defendant's family ties, employment, financial resources, character, mental condition, length of residence in the community, and jurisdiction of residence;g. a statement of the amount of bail the party is requesting and in what manner it will be secured;h. any other factor that may be relevant to the Court.4. 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. Before such a motion is acted upon by this Court, the person handling the prosecution will be given the opportunity to indicate his or her position on the stay of sentence and the amount of bond to be set.5. 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.6. A notation on the docketing statement that bail is being requested is not a substitute for the application for release on bail and for stay of sentence and supporting memorandum set forth in this section.B. Felony Cases 1. Application for release on bail and for stay of sentence must be made in the first instance to the trial court.2. If the application is denied or if the trial court declines to rule on the application within a reasonable amount of time, a motion for bail and stay of sentence may be made to the Court of Appeals and decided by a minimum of two judges thereof. A copy of the judgment entry of sentence shall be attached to the application. A memorandum in support shall be filed with the motion, and shall contain: a. confirmation that the motion for release on bail and stay of sentence was denied by the trial court or has not been ruled upon in a reasonable amount of time;b. a statement of the offense for which the party was found guilty and the sentence imposed by the trial court;c. whether, at the time of the offense or at the time of the arrest of the accused, the accused was on probation, parole, post-release control, or other release pending trial, sentencing, appeal, or completion of sentence for the commission of an offense under the laws of this state, another state, or the United States or under a municipal ordinance;d. a listing of the defendant's prior convictions, if any;e. a listing of current charges pending against the defendant, if any;f. a record of the defendant's failure to appear at court proceedings, or of flight to avoid prosecution;g. the nature and seriousness of the danger to any person or the community that would be posed by the person's release;h. the defendant's family ties, employment, financial resources, character, mental condition, length of residence in the community, and jurisdiction of residence;i. a statement of the amount of bail the party is requesting and in what manner it will be secured.3. When a motion to stay the sentence in a felony case is filed pursuant to R.C. 2953.09, App.R. 8, Crim.R. 46, this Local Rule, or other similar provision: a. a copy thereof must be served upon the prosecuting attorney;b. before such a motion is acted upon by this Court, the person handling the prosecution will be given the opportunity to indicate his or her position on the stay of sentence and the amount of bond to be set.4. 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.5. A notation on the docketing statement that bail is being requested is not a substitute for the application for release on bail and for stay of sentence and supporting memorandum as set forth in this section.C. All criminal cases1. When the prosecutor, law director, or city solicitor files a motion for a new or additional bond, a copy thereof must be served upon either the defendant or defendant's counsel.