The Ohio Supreme Court will accept public comment until November 13 on amendments to the annual update to the Rules of Practice and Procedure.

The proposed amendments concern changes to the rules of appellate procedure, civil procedure, criminal procedure, juvenile procedure and the Ohio Rules of Evidence.

Many of the proposed changes target inconsistencies, allow for electronic means of service, remove outdated concepts, or move certain rules to other sections that make more sense.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

• Proposed amendments to Civ. R. 4.4 and Juv. R. 16 would make it clear that service by posting can be used in initial actions and expand it to post-decree matters. In addition to the traditional “posting” of a notice on the courthouse bulletin board, service would use the county clerk of court’s website if it exists, although the amendments don’t require electronic posting.
• Amendments to Civ. R. 10(D)(2) and Evid. R. 601 seek to enhance the affidavit of merit requirement and clarify who qualifies as an expert in a medical claim. The amendments distinguish between medical malpractice cases and other medical, dental, optometric or chiropractic claims. An amendment to Evid. R. 601 would require experts to have devoted three-quarters of their professional time to active clinical practice at the time of the event giving rise to the claim.

According to the Ohio Constitution, proposed amendments to rules of procedure must be filed with the General Assembly. The Supreme Court can revise and file the amendments with the General Assembly before May 1, 2013. The amendments would take effect on July 1, 2013, unless prior to that date the General Assembly adopts a concurrent resolution of disapproval.

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.

View the text of the 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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