Oct. 14, 2011
Supreme Court Seeks Comments on Rules of Practice and Procedure
The Supreme Court of Ohio will accept public comment until Nov. 22 on amendments to the annual update to the Rules of Practice and Procedure, which were recommended by the Supreme Court Commission on 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Many of the proposed changes target inconsistencies, allow for electronic means of service, remove outdated concepts, or move certain rules to other sections that make more sense.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 new rules proposed.
For instance, a new rule – Civil Procedure Rule 65.1 – has been proposed regarding civil protection orders. Currently, existing civil rules governing protection order proceedings and the requirements and purposes of two Ohio Revised Code statutes are in conflict.
Additionally, another new rule – Juvenile Procedure Rule 5 – has been proposed to require juvenile courts to use a juvenile’s initials rather than his or her full name in court decisions and press releases.
As for proposed amendments to existing rules, here are a select few:
- App. R. 10 would distinguish between the time when the record is complete and the time when the record is transmitted.
- Civ. R. 45 would clarify that a subpoena for trial or hearing may be served at any place within this state.
- Crim. R. 5 would clear up which court 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. Under the proposed rule, jurisdiction would be retained by the municipal or county judge.
According to the Ohio Constitution, proposed amendments to rules of procedure must be filed with the General Assembly. The Court can revise and file the amendments with the General Assembly prior to May 1, 2012. The amendments would take effect on July 1, 2012, 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.
Access the text of these 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.