(A) Return
The verdict shall be unanimous. It shall be in writing, signed by all jurors concurring therein, and returned by the jury to the judge in open court.
(B) Several defendants
If there are two or more defendants the jury at any time during its deliberations may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed. If the jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again.
(C) Conviction of lesser offense
The defendant may be found not guilty of the offense charged but guilty of an attempt to commit it if such an attempt is an offense at law. When the indictment, information, or complaint charges an offense including degrees, or if lesser offenses are included within the offense charged, the defendant may be found not guilty of the degree charged but guilty of an inferior degree thereof, or of a lesser included offense.
(D) Poll of jury
When a verdict is returned and before it is accepted the jury shall be polled at the request of any party or upon the court’s own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberation or may be discharged.
Effective Date: July 1, 1973
Staff Note (July 1, 2021 Amendment)
Unanimous verdict
While the rule in Ohio has been that a verdict in a criminal case must be unanimous pursuant to Crim R 31 (A), it has become law across the United States. The United States Supreme Court ruled that a criminal jury verdict must be unanimous in Ramos v. Louisiana, 140 S. Ct. 1390 (2020), 2020 U.S. LEXIS 2407.
