Ohio Traf. R. 7

As amended through October 29, 2024
Rule 7 - Procedure upon Failure to Appear
(A) Issuance of summons, warrant. When a defendant fails to appear pursuant to a ticket issued to him, the court shall issue a supplemental summons or warrant.

If a supplemental summons is not served or a warrant is not executed within twenty-eight days of receipt by the serving officer, the court may place the case in a file of cases disposed of subject to being reopened. Where bond is forfeited, the disposition shall be reported to the Registrar of Motor Vehicles. For all other purposes, including disposition reports, the cases shall be reported as disposed of, subject to being reopened if defendant subsequently appears or is apprehended.

(B) Issuance of notice to nonresident. When a nonresident of this state fails to appear pursuant to a supplemental summons or a warrant issued under division (A), the court may send by ordinary mail to defendant's address as it appears on the ticket, or the summons or warrant return, a notice ordering defendant to appear at a specified time and place.

If defendant fails to appear or answer within twenty-eight days after the date of mailing of the notice, the court shall place the case in the file of cases disposed of subject to being reopened.

The mailing of notice in parking cases is discretionary with the court.

(C) Effect of waiting periods and bail forfeiture. The waiting period prescribed in division (A) does not affect forfeiture of bail.

If there is a breach of a condition of bail, the court shall declare a forfeiture of bail. Forfeiture proceedings shall be promptly enforced as provided by law.

If defendant fails to appear at the time and place specified on the citation and fails to comply with division (C) of section 2935.26 of the Revised Code, or fails to comply with or satisfy any judgment of the court within the time allowed, the court shall declare the forfeiture of defendant's license. Thirty days after the declaration, the court shall forward a copy of the declaration to the Registrar of Motor Vehicles for cancellation in accordance with division (D) of section 2935.27 of the Revised Code. If defendant deposits a sum of money or other security with the court, the deposit immediately shall be forfeited to the court if he fails to appear or comply with division (C) of section 2935.26 of the Revised Code.

Ohio. Traf. R. 7

Effective:1/1/1975; amended effective 8/4/1980;11/28/1990.