Practice and Procedure Rule Amendments Take Effect
A series of rule changes regarding practice and procedure in Ohio’s courts took effect July 1.
The amendments alter several rules governing civil, criminal, and juvenile proceedings, and rules of evidence. The amendments were submitted to the Ohio Supreme Court by its Commission on the Rules of Practice and Procedure and incorporate two rounds of public comment. These amendments include:
- Amendments to Civ.R. 3 and 5 allow attorneys to more easily provide unbundled legal services and remove themselves from cases after agreeing to serve as counsel only for a specific portion of the case.
- Amendments to Civ.R. 4.4 clarify that an applicant for a civil protection order need not prove indigency before utilizing “post and publish” service.
- Amendments to Civ.R. 50 and 59 make clear that the 28-day timeframe to file a motion cannot expire if a party is never actually served with notice of the judgment.
- Crim.R. 4 now allows for criminal summons to be served using a commercial carrier, just as is permitted in the civil rules.
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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