Rule Amendments Effective Today
A series of rule changes regarding practice and procedure in Ohio’s courts takes effect today.
The amendments alter several rules governing civil, criminal, and juvenile proceedings, as well as two rules of evidence. The amendments were submitted to the Supreme Court by its Commission on the Rules of Practice and Procedure and incorporate two rounds of public comment. Specifically:
- Amendments to Civ.R. 5 make the general rule on timing of filing subject to, and superseded by, any provisions in other civil rules, local rules, or order of court that sets a different time of filing.
- Changes to Civ.R. 4.1 and 4.4 update requirements for methods of service.
- Civ.R. 4.2 and 19.1 revisions make the rules gender neutral in compliance with the Supreme Court’s administrative action after the U.S. Supreme Court’s opinion in Obergefell v. Hodges.
- An amendment to Civ.R. 10 corrects a reference in the rule so that it properly covers the medical professions originally intended. The changes clear up confusion that exists with medical liability claims.
- Amendments to Civ.R. 37 address the designation of deponents, issuance of protection orders, and procedures related to the failure to supplement during discovery.
- Civ.R. 54 revisions incorporate changes about attorney fee awards.
- Amendments to Civ.R. 65.1 give direction for methods of service in civil protection order proceedings and clarify the process for objections and appeals.
- Crim.R. 16 amendments establish a standard designed to allow defense counsel to determine, at the time of filing a public records request, whether that request would trigger reciprocal discovery.
- A modification to Evid.R. 601 clarifies that the rule only applies to expert testimony in certain medical professions and makes stylistic changes to better reflect a statute.
- Changes to Evid.R. 803 allow a prosecutor to provide written notice to the defense of an intention to offer a testimonial certification stating the absence of a public record, and defines the defendant’s rights.
- The amendment to Juv.R. 20 harmonizes the rule with Civ.R. 5 and removes from the requirement that papers be filed “simultaneously with or immediately after service” to the “three-day” standard in Civ.R. 5.
The commission conducts an annual review of the Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Appellate Procedure, Rules of Juvenile Procedure, and Rules of Evidence and each fall recommends amendments to the Court. The proposals are published to obtain and consider public comment.
In addition, according to the Ohio Constitution, the amendments must be submitted to the General Assembly by Jan. 15, and the Court had until April 30 to make any revisions and file the amendments. Unless the General Assembly adopts a concurrent resolution of disapproval before July 1, the amendments take effect on that date.
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