Ohio Supreme Court Rules of Procedure

The Ohio Supreme Court, in an informational release Monday morning, announced it will continue to be accepting public comment on a set of revised amendments to annual updates to appellate, civil, criminal, and juvenile Rules of Procedure thru March 3, 2009 ( Release )

Initially published for comment on Oct. 20, the Supreme Court Commission on the Rules of Practice and Procedure recommended further revisions, which were considered by the Supreme Court along with written comments from the public received at that time. The amendments were then filed with the General Assembly and republished for public comment.

Notable at this juncture is that proposed amendments published in October to Civ. R. 4 through 4.6, which would have required a plaintiff to make service of process rather than the clerk in civil cases, were withdrawn by the Commission.

The proposed amendment to Criminal Rule 32, on judgments, clarifies that a judgment of conviction must set forth the plea, verdict or findings upon which the conviction is based, and the sentence. The change is based on the Supreme Court’s decision last in State v. Baker, 2008-Ohio-3330, a certified conflict between the 9th. and 12th. Courts of Appeal where it was resolved that “a judgment of conviction is a final appealable order under Revised Code § 2505.02 when it sets forth (1) the guilty plea, jury verdict, or finding of the court upon which conviction is based; (2) the sentence; (3) the signature of the judge in the case; and (4) the entry on the journal by the clerk of court.”

Proposed Amendments