The Supreme Court of Ohio is responsible for prescribing rules of practice and procedure governing Ohio Courts. Article IV, Section 5(B) of the Ohio Constitution reads, in part, as follows:
(B) The Supreme Court shall prescribe rules governing practice and procedure in all courts of the state, which rules shall not abridge, enlarge, or modify any substantive right. Proposed rules shall be filed by the court, not later than the fifteenth day of January, with the clerk of each house of the General Assembly during a regular session thereof, and amendments to any such proposed rules may be so filed not later than the first day of May in that session. Such rules shall take effect on the following first day of July, unless prior to such day the General Assembly adopts a concurrent resolution of disapproval. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect.
In keeping with the schedule set forth in the Constitution, the Commission on the Rules of Practice & Procedure typically begins work on proposed rule amendments at least six to twelve months prior to the January 15 deadline for filing amendments with the General Assembly. The following is a general schedule that applies to the preparation, consideration, and publication of proposed amendments to the rules of practice and procedure. With the exception of the dates that are established in the Constitution, which appear in boldface type, this schedule is subject to revision depending upon the work of the Commission, schedule of the Supreme Court, and other factors.
September - Commission finalizes proposed amendments for submission to the Supreme Court
September/October - Supreme Court considers proposed amendments and publishes the amendments for comment
November/December - Commission considers comments received on proposed amendments, makes revisions, and submits recommendations to the Supreme Court
December/January - Supreme Court considers public comments and recommendations from the Rules Advisory Committee and approves amendments for filing with the General Assembly
On or before January 15 - Supreme Court files amendments with the General Assembly
February - Publication for comment of amendments filed with the General Assembly
March/April - Commission reviews comments, makes revisions, and submits proposed revisions to the Supreme Court
April - Supreme Court considers public comments and revisions prepared by the Commission and approves any revisions for filing with the General Assembly
On or before May 1 - Supreme Court files any revised amendments with the General Assembly
July 1 - Effective date of amendments filed by the Supreme Court and not disapproved by the General Assembly
July - Publication of amendments effective July 1
Note that this schedule applies only to rules of practice and procedure. The Commission on the Rules of Practice and Procedure does not consider amendments to other rules adopted by the Supreme Court, such as Rules of Superintendence, rules governing the admission to the practice of law, and rules governing the professional conduct of lawyers and judges. The Supreme Court has exclusive authority to adopt rules dealing with these subjects and is not required to file those rules with the General Assembly.
Rules of Practice & Procedure
Supreme Court of Ohio
65 South Front Street
Columbus, OH 43215-3431
Michel Jendretzky, Esq.