February 13, 2009
Supreme Court Seeks Comments on Rules of Procedure
The Supreme Court of Ohio will accept public comment until March 3 on revised amendments to the annual update to the Rules of Procedure for appellate, civil, criminal and juvenile matters.
The proposed amendments were published for comment on Oct. 20. The Supreme Court Commission on the Rules of Practice and Procedure recommended further revisions, which were considered by the Supreme Court along with written comments from the public. The Supreme Court directed that the amendments be filed with the General Assembly and republished for public comment.
Amendments to the Ohio Rules of Appellate Procedure
Appeal as of Right – App. R. 4 – The proposed amendments would correct cross-references to the Ohio Civil Rules of Procedure and the Ohio Juvenile Rules of Procedure that concern action on a magistrate’s decision by the Court.
Amendments to the Ohio Rules of Civil Procedure
Service of process – Civ. R. 4.2 – The proposed amendments add a provision for service of process on a limited liability company that is similar to service on corporations.
Electronic Discovery – Civ. R. 33, 36 – The proposed amendments would accommodate discovery of electronically stored information and enforce the duty of the party propounding interrogatories and requests for admissions to provide an electronic copy while prohibiting the responding party served with a printed copy to use the failure to receive an electronic copy as reason to disregard the response time designated in the printed copy.
Alternate jurors – Civ. R. 47 – The proposed amendments would delete language suggesting that prospective jurors must be empanelled prior to questioning. The proposed amendments also remove language to make clear that both the “strike and replace method” and the “struck” method are permitted.
Amendments to the Ohio Rules of Criminal Procedure
Alternate jurors – Crim. R. 24 – Identical to proposed amendments in Civ. R. 47.
Judgment – Crim. R. 32 – The proposed amendments clarify that a judgment of conviction must set forth the plea, verdict or findings upon which the conviction is based, and the sentence. The change is based on the Supreme Court’s decision in State v. Baker, 2008-Ohio-3330.
Amendments to the Ohio Rules of Juvenile Procedure
Depositions – Juv. R. 25 – The proposed amendments would bring some measure of uniformity to depositions in juvenile courts by requiring that depositions in parentage and custody proceedings are conducted pursuant to the Rules of Civil Procedure. In addition, the Rules of Civil Procedure would also control depositions taken during post-decree litigation when the State is no longer involved.
Proposed amendments published in October to Civ. R. 4 through 4.6, which would require a plaintiff to make service of process rather than the clerk in civil cases, were withdrawn by the Commission. Visit http://www.sconet.state.oh.us/RuleAmendments/ for the text of the 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 email@example.com.