The Supreme Court of Ohio
& The Ohio Judicial System

On Tuesday, July 17, 2012, the Supreme Court of Ohio launched an expanded news program – Court News Ohio – that features stories about the Ohio judicial system. This archived page on the Supreme Court’s website only displays news stories that occurred before that date. News stories that occurred on July 17 and thereafter can be found at www.courtnewsohio.gov.

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May 21, 2012
Supreme Court Adopts Amendments to Juv. R. 3 and Other Rules of Practice and Procedure

The Supreme Court of Ohio has adopted amendments to the rules of evidence, appellate procedure, civil procedure, criminal procedure, and juvenile procedure, including changes to Juv. R. 3, which mandates that juveniles consult with legal counsel before waiving their right to an attorney in specific cases.

Initially published for comment on October 24, the amendments were revised by the Commission on the Rules of Practice and Procedure and approved for filing by the Ohio Supreme Court. The commission and the court considered all comments received during a second round of public comment that ended March 6, revised the amendments and filed the revisions with the General Assembly on April 30. Unless the General Assembly passes a concurrent resolution of disapproval, the rules take effect on July 1.

Except for the changes to Juv. R. 3, the court concurred in submitting all of the amendments to the General Assembly. Justice Terrence O’Donnell did not concur with submitting Juv. R. 3.

Many of the proposed changes target inconsistencies, allow for electronic means of service, remove outdated concepts, or move certain rules to other sections that make more sense.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

• Civil Procedure Rule 65.1 was adopted regarding civil protection orders to reconcile procedures applicable to civil actions and the requirements and purposes of the governing statutes.
• Juvenile Procedure Rule 5 was adopted that requires juvenile courts to use a juvenile’s initials rather than his or her full name in court decisions and press releases.

Other amendments to existing rules include:

• App. R. 10 to distinguish between the time when the official record of proceedings is complete and the time when the record is transmitted.
• Civ. R. 45 to clarify that a subpoena for trial or hearing may be served at any place within this state.
• Crim. R. 5 to clarify that the court that has jurisdiction over a criminal defendant after the defendant has been bound over and before the bind-over entries are filed with the common pleas clerk of courts. Jurisdiction will be retained by the municipal or county judge.

View the text of the amendments.