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Feb. 6, 2012
Supreme Court Submits Amendments to Rules of Practice and Procedure

The Supreme Court of Ohio has filed its annual update to various rules of practice and procedure with the Ohio General Assembly.

The update contains proposed amendments concerning changes to the rules of evidence, appellate procedure, civil procedure, criminal procedure, and juvenile procedure.

Initially published for comment on Oct. 24, 2011, the amendments were revised by the Commission on the Rules of Practice and Procedure and approved for filing by the Supreme Court. The commission and the Court will consider all comments received during a second round of public comment that will end March 6. The Court can revise and file the amendments with the General Assembly before May 1. The amendments will take effect on July 1 unless the General Assembly adopts a concurrent resolution of disapproval before then.

Publication of these proposed amendments for public comment at this time does not imply that the Supreme Court endorses or will approve for filing with the General Assembly any or all of the proposed amendments.

The Court 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 Juv. R. 3, 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.

Many of the proposed changes target inconsistencies, allow for electronic means of service, remove outdated concepts, or move certain rules to other sections that make more sense.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.

For instance, a new rule – Civil Procedure Rule 65.1 – is proposed regarding civil protection orders. Based on the comments received during the initial comment period, the rule has been revised. The revisions include:

Additionally, another new rule – Juvenile Procedure Rule 5 – was proposed to require juvenile courts to use a juvenile’s initials rather than his or her full name in court decisions and press releases.

Other proposed amendments to existing rules include:

Access the text of these proposed amendments.

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
j.cline@sc.ohio.gov

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