Ohio "commercial docket" Rules of Superintendence/ Criminal & Civil Procedure, including EDD

Not to be confused with our earlier entry, the Ohio Supreme Court also last Monday adopted a number of amendments to its Rules of Appellate, Criminal & Civil Procedures, as part of its annual updating based on recommendations from the Commission on Rules of Practice & Procedure. Included are several key amendments with respect to electronic discovery: (Amendments)

clarifying that discovery of electronically-stored information is permitted
that issues related to electronically stored information are appropriate topics for pretrial conference resolution
the time for responding to interrogatories does not begin to run until the party for whom discovery is sought receives both an electronic & paper copy of the interrogatories

Also approved were “temporary rules 1.01 thru 1.11” of the Rules of Superintendence of the Courts, governing the Ohio’s commercial courts pilot program, announced back on April 25, 2007 in Chief Justice Thomas Moyer’s annual state of the judiciary address. (Rules)

The rules state that up to five courts of common pleas around the state will be asked to participate in the pilot program, although that participation is voluntary. The commercial docket would include matters such as the formation, governance, dissolution, or liquidation of a business entity; trade secret cases, non-disclosure matters, and non-compete & employment agreements; and disputes between business entities or individuals as to their business or investment activities relating to contracts, transactions, or other relationship matters.

Not included in this sphere are cases such as those involving personal injury, survivor, or wrongful death matters, product liability, eminent domain cases, or matters in which a labor organization or governmental entity is a party


Ohio had a statutory “commercial court” between 1848 and 1852 with Thomas M. Key being its sole judge. It had concurrent jurisdiction with the Court of Common Pleas in civil matters, or ,with consent of both parties to a suit, cases docketed in either Common Pleas or Cincinnati’s Superior Court, could be transferred to the Commercial Court.