Monday, February 06, 2012

Ohio Supreme Court Rules of Practice & Procedure Amendments

The Ohio Supreme Court this morning announced it has filed its annual Rules of Practice & Procedure update with the Ohio General Assembly, including proposed amendments to the rules of evidence, and appellate, civil, criminal, and juvenile procedure.

Initially published for comment last October, the amendments were revised by the Commission on the Rules of Practice and Procedure and approved for filing. A second round of public comment was then commenced, running thru March 6. The Court can then revise and file the amendments with the General Assembly before May 1, the amendments then taking effect on July 1 unless the General Assembly adopts a concurrent resolution of disapproval before then.

The Court’s announcement notes that many of the proposed changes target inconsistencies, allow for electronic means of service, remove outdated concepts, or move certain rules to other sections that make more sense. There are, however, a few new rules proposed.

The Court, in one instance, unanimously approved the proposed amendments for filing with the General Assembly and publication for a second comment period except for the amendments to Juv. R. 3. The Court voted 4-3 in favor of filing and publishing proposed amendments to that rule, which will mandate that juveniles consult with legal counsel before waiving their right to an attorney in specific cases, with Justices Terrence O’Donnell, Judith Ann Lanzinger, and Robert R. Cupp voting against filing the proposed amendments. A new rule – Juvenile Procedure Rule 5 – was then proposed to require juvenile courts to use a juvenile’s initials rather than his or her full name in court decisions and press releases.

Access to the text of all proposed amendments can be gained here.

Comments should be submitted in writing to:
Jo Ellen Cline, Government Relations Counsel Supreme Court of Ohio
65 S. Front St., Seventh Floor
Columbus, Ohio 43215
Or via e-mail to

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