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Aug. 17, 2011
Supreme Court Adopts Rules of Practice Amendments

Today, the Supreme Court of Ohio announced recently adopted amendments to the Supreme Court Rules of Practice that take effect on Oct. 1.

Changes to Rule 8.5 will have the broadest impact by requiring copies of jurisdictional memoranda and merit briefs to be single-sided. The current rule states that only the original memorandum or brief filed with the Court needs to be single-sided, while the copies could be double-sided. As of Oct. 1, both the original and copies for these specific court filings will need to be single-sided. Additional changes included in Rule 8.5 will reduce the number of copies required for jurisdictional memoranda, complaints in original actions and evidence in original actions.

Kristina Frost, clerk of the Court, said it was important for attorneys to be aware of the pending changes, especially the single-sided modification. “We want to make certain attorneys are aware of the rule changes since we did not receive many comments during the public comment period between May 31 and June 29,” she said.

In addition, amendments to Rule 1.2 of the Rules of Practice specify that a motion for pro hac vice admission (out-of-state attorneys) shall follow the requirements of sections a-e of Gov. Bar R. XII(2)(A)(6), including the required affidavit. Motions for pro hac vice admission are to be filed with the first document on which an out-of-state attorney appears, except when filing documents to perfect an appeal. If filing to perfect an appeal, an out-of-state attorney must file a motion for pro hac vice admission within 30 days after filing an appeal, or with the first document filed after perfecting the appeal. In addition, the rules state that “the Clerk shall refuse to file motions for pro hac vice admission that are not timely submitted or that fail to comply with these rules.”

Amendments to Rule 2.2 establish that the time to appeal to the Supreme Court is tolled (placed on hold) pending the outcome of a sua sponte en banc (consisting of all members of the court) consideration by an appeals court. Changes to Rule 18.3 place additional requirements on the Clerk of the Supreme Court to notify all parties or counsel upon the filing of a certified question of state law.

View the complete language of the rule amendments.

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