Login | November 22, 2017

RULES OF PRACTICE AND PROCEDURE

of the
COURT OF COMMON PLEAS
GENERAL DIVISION

of
SUMMIT COUNTY, OHIO


23. BOND FORFEITURES

23.01 Purpose

Whereas, the procedures set forth in this Rule address the release of bail and securities deposited with the Clerk of Courts.

23.02 Bonds deposited by other than accused

In all cases where receivers are appointed by this Court, the procedures set forth in this rule shall apply.

(A)

(a) The Clerk of Courts shall comply with R.C. 2937.40 and shall ensure that when cash or securities, which have been deposited as bail by a person other than the accused and such bail is discharged and released pursuant to R.C. 2937.40(A), the release shall be made only to the actual person who initially placed such cash or securities with the Clerk, and

(b) R.C. 2937.40(B) also provides a use of such funds to satisfy fines, court costs and other assessments against the accused person. Upon the expressed approval of the person who deposited such cash and securities, the following Order shall apply to such matters.

(B)

Wherefore, the Clerk of the Common Pleas Court shall release such deposited bail only to the person who initially deposited such bail in the form of cash or securities. Such return shall be made by a check issued by Clerk of Courts payable to the person who initially deposited such bail with the Clerk. Such check shall be mailed by the Clerk to the address intially provided to the Clerk by the person depositing such bail. No other release of such deposited bail is authorized.

(C)

The Clerk of Courts shall not apply any portion of the deposited bail towards the satisfaction of any penalty, fine or court costs as may be assessed upon that person's conviction or plea, unless the person other than the accused who initially deposited such bail with the Clerk, expressly and in written form and under oath before the Clerk authorizes such release of the deposited bail in full or in part and for one of the aboved designated purposes. The record of such release in regard to the application of such deposited cash or securities shall be filed with the record of the case. The Clerk of Courts shall provide appropriate forms to the satisfaction of the Clerk addressing such release of the deposited bail towards payent of any charges as aforesaid.

23.03

When the accused who deposited the bail or securities initially with the Clerk is released and discharged of such bail pursuant to R.C. 2937.40, then in such cases all or some portion of the deposited bail shall be applied towards the payment of court costs, any penalty or fine as may be assessed against such accused, and monies left over as excess thereafter will be returned to the accused only after proper identification is made before the Clerk and under oath and in written form that the accused is in fact the person to apply for such bail. Such accused shall be provided a form identifying the amount of such bail previously applied and identify one of the purposes set out above to which such bail is directed. The written record of such activity by the accused shall be filed with the record of the case.

 

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