The Ohio Supreme Court will accept public comment on proposed amendments for the annual update to the Rules of Practice and Procedure, including those concerning pre-trial release in criminal cases and the civil discovery process.

The Court seeks comment on proposed changes to Criminal Rule 46, which governs bail, bond, and pre-trial release in a criminal case. These proposals include:

• Requirements that a court utilize the least restrictive bond conditions and least amount of monetary bail to secure the defendant’s appearance, and an expanded non-exclusive list of bond conditions
• Requirements that a bond schedule is to be used for the sole purpose of securing a release before an initial appearance, and is not to be considered by a trial court during a bond hearing.

The Court also will accept comment on changes to Civil Rules 16 and 26, which govern pre-trial discovery in civil matters. These proposals would align the Ohio rules with the federal rules in regard to various discovery matters. The Court also seeks comment on a proposed amendment regarding waiver of service in civil cases filed with the Court of Common Pleas.

The annual rules update also includes proposed amendments to the Rules of Juvenile Procedure to address appointment of counsel and the process for a minor to seek a marriage license.

The update also includes amendments to appellate procedure, juvenile procedure, and the rules of evidence.

According to the Ohio Constitution, an initial draft of proposed amendments to rules of procedure must be filed with the General Assembly by Jan. 15, 2020. A final draft must be filed by May 1, 2020, in order for the amendments to take effect on July 1, 2020. The Court will accept a second round of public comment after the Jan. 15 filing date.

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.

Public comment should be submitted in writing or via email by Nov. 6 to:

Jesse Mosser
Interim Judicial and Legislative Affairs Counsel
Ohio Supreme Court
65 S. Front St., Seventh Floor
Columbus, OH 43215
or
Jesse.Mosser@sc.ohio.gov