Clerk of Courts Legal Division

Helpful Legal Terms

Many legal terms can be confusing. We have listed a variety of legal terms you may encounter, along with their definitions.

Appeal
A procedure wherein one of the parties seeks the reversal of a law or judgment of a lower court. A higher court will issue a ruling on the appeal. Judge's orders and judgments made during the proceeding of the case may be appealed.

Arraignment
The initial appearance of a person charged with a felony in Common Pleas Court occurs after an indictment, and its purpose is to inform the defendant of the charge against them and to take their pleas to the charge. Arraignments are heard before the judge.

Bail Bond
A bond posted with the court by a professional bail bondsman or individual, of the accused or a material witness. The bondsman or individual must forfeit a specified sum of money if the bonded party fails to appear in court when requested.

Capias A document issued to arrest and bring before the court a defendant who fails to appear for a hearing or who failed to comply with the pre-trial stipulation.

• A detainer capias holds a defendant that is in custody with another authority
• A capias requires a judge's signature; a detainer capias does not.

Deposition
The sworn testimony of a party or witness in a case. Depositions are conduced in the court setting, but pursuant to court authority.

Diversion
A program that suspends criminal proceedings against a defendant. The defendant does qualify for the program, pay a $250.00 non-refundable fee, and comply with the stipulations. If they successfully complete the program, the charges are dismissed and the case is closed. The program is offered to defendants at the discretion of the Prosecutor.

Expungement
An order issued by the court that removes the record of a case.

Garnishment
A legal proceeding to enforce payment of a money judgment. This usually is wages or property held by a third party and paid to the court to satisfy a debtor.

Indictment
A written accusation signed by a Grand Jury, stating that a defendant has committed a felony. Included are the defendant's name, the Ohio Revised Code violations and the charge class. Indictments are filed in Common Pleas Court.

Order
A decision or directive signed by a judge, on any matter pertaining to a case on the final judgment.

Subpoena
A document that directs a witness to appear in court to testify as a witness for the prosecution or the defense.

Statute
A law enacted by the state legislature. It governs what actions by its citizens are considered to be criminal offenses. Each criminal offense is given a unique section or part of the Ohio Revised Code. Indictments list charges and offenses by statute.

Warrant
A document used to serve a defendant with a copy of the indictment. A warrant authorizes the defendant to be arrested and brought before the court, to hear the charges against them.

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