Rule 7 Procedure upon Failure to Appear

(A) Issuance of supplemental citation, license forfeiture, summons, or warrant

(1) Minor misdemeanor offenses When a defendant fails to appear after being issued a ticket for any minor misdemeanor offense and fails to comply with R.C. 2935.26(C), the court must issue a supplemental citation under R.C. 2935.26(F) and, if applicable, shall declare the forfeiture of the person’s license under R.C. 2935.27(D).

(a) Supplemental Citation: If 30 days after issuing the supplemental citation the defendant still fails to appear and does not comply with R.C. 2935.26(C), the court may issue a summons or warrant.

(b) License Forfeiture: After the court declares a license forfeiture, a defendant has up to 30 days to take corrective action by either appearing on the charge or complying with the plea and payment requirements of R.C. 2935.26(C). If the defendant fails to do so, the court shall forward a copy of the declaration of forfeiture to the Registrar of the Motor Vehicles for cancellation in accordance with R.C. 2935.27(D). If the defendant later appears to answer the charge, the court shall inform the registrar of the termination of the forfeiture in accord with R.C. 2935.27(D).

(2) Other misdemeanor offenses When a defendant fails to appear after being issued a ticket for any misdemeanor offense, other than a minor misdemeanor, the court may issue a supplemental summons, warrant, or license forfeiture in accordance with R.C. 4510.22.

(3) Time and Reporting If a supplemental summons is not served or a warrant is not executed within 28 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) 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 a defendant deposits a sum of money or other security with the court, the deposit immediately shall be forfeited to the court if the defendant fails to appear or comply with division (C) of section 2935.26 of the Revised Code.