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Rules Update – New Rules Adopted and Proposed Amendments for Comment
Post on January 24th, 2023

Standard Probate Forms

Effective January 1, 2023, the Ohio Supreme Court adopted amendments to the Rules of Superintendence that change standard probate forms. For lawyers dealing with the estate of a deceased lawyer trying to address funds in the decedent’s client trust account, the creation by the amendments of Form 13.11 Application to Disburse Attorney Decedent’s Trust Account(s) is welcomed.

Other amendments to standard probate forms relate to the Application for Change of Name of Adult and Application for Change of Name of Minor. The Application to Settle a Minor’s Claim was also amended and the Entry Approving Settlement of a Minor’s Claim was changed to add that the net amount for the benefit of the minor can be deposited into a trust for the benefit of the beneficiary until age 25. The forms note to discard all previous versions of these forms. To read all adopted amendments click here.

 

Dispute Resolution to include Neutral Evaluation and Parent Coordination

The Supreme Court also adopted amendments to the Rules of Superintendence, effective January 1, 2023, to include neutral evaluation and parent coordinating in the dispute resolution regulations.

Sup.R. 16.14,16.60 – 16.66 and 90 – 90.12 address parent coordination and establish rules that apply to a common pleas court that elects to use parenting coordination.

Sup.R. 16.14 and 16.50 – 16.55 set out rules that apply to a court that elects to use neutral evaluation. It is noted that neutral evaluation is being adopted for civil and estate cases in addition to family law cases where it has been used. These rules also provide training and education requirements.

 

Second Public Comment Period for Proposed Amendments to Ohio Rules of Civil Procedure, Ohio Rules of Criminal Procedure, Ohio Rules of Evidence, Ohio Rules of Juvenile Procedure

The Ohio Supreme Court will accept public comment on the second publication of proposed amendments to Ohio Rules of Civil Procedure, Ohio Rules of Criminal Procedure, Ohio Rules of Evidence, Ohio Rules of Juvenile Procedure until February 17, 2023. Comments must be submitted in writing to Michel Jendretzky, Legal Counsel, Supreme Court of Ohio, 65 South Front Street, 7th Floor, Columbus, Ohio 43215-3431 or [email protected]

The proposed changes include:

 Civ.R. 1, 1.1, 30, 39, 43

Changes are remote technology amendments based on iCourt Task Force recommendations that were approved by the Supreme Court to take effect July 1, 2022 and disapproved by the General Assembly. The Commission on the  Rules of Practice and Procedure recommends the amendments, with some revisions, again for a July 1, 2023 effective date.

Civ.R. 4.1

Amendments for process servers would provide higher statewide minimum standards to promote uniformity and public safety.

Civ.R. 4.6 and 7.3

Proposed amendments would allow unclaimed commercial carrier service with an endorsement on the envelope indicating it was unclaimed to be sent by USPS ordinary mail to accomplish service.

Civ.R. 26(F), Civ.R, Civ.R. 30(B)(5)

Proposed amendments recommend clarification to discovery rules.

Civ.R. 33 and 26

Proposed amendments regarding discovery – service of interrogatories and admissions – would add a requirement that unrepresented parties be served with a paper copy of discovery. This is added due to concern from the Ohio Association of Domestic Relations Judges for the ability of unrepresented parties to fully utilize electronic copies of discovery requests.

Civ.R. 37

The amendments would clarify that sanctions apply only to parties, rather than non-party deponents, subject to sanctions under Civ.R. 45.

Civ.R. 65.1 and 75

The proposed amendments would change Civ.R. 65.1 and 75 to exclude certain domestic relations and civil protection order cases from the double-dismissal rule in Civ.R. 41. The amendment specifically states that double-dismissal of a divorce, dissolution, annulment, or legal petition (under Civ.R. 65.1) or a domestic violence, dating violence, stalking, or sexually oriented offense civil protection order (under Civ.R. 75) does not operate as an adjudication of the merits or a bar to a subsequent filing of the action.

Crim.R. 1,2,20,12,15,40, and 43

These are remote technology amendments, like those for the civil rules they are based on the iCourt Task Force recommendations. The amendments indicate that generally courts retain authority to order a person to physically appear at a proceeding, even with any remote appearance option.  The definitions and judicial discretion language clarify that permissible remote presence includes both video and audio technology, rather than one or the other.

Crim.R. 33.1

The changes regarding procedure for new trial are made since the initial public comment period. This proposed amendment sets forth a different procedure for considering a new trial when based on new evidence that would produce a reasonable likelihood of acquittal was submitted by the Task Force on Conviction Integrity and Postconviction Review.

Evid.R. 601

Proposed amendments recommend clarification to the active-clinical-practice requirement for an expert witness.

Juv.R. 1,2,8, and 41

These are remote technology amendments based on recommendations by the iCourt Task Force, similar to the changes recommended for civil rules and criminal rules.

Juv.R. 27

This proposed amendment on jury option would clarify when cases in juvenile court can be heard with and without a jury.

Juv.R. 34(A)

The amendment on dispositional hearings is recommended to change the rule to match recently passed legislation on the timing of dispositional hearings in juvenile cases.

 

Proposed Amendments to Unauthorized Practice of Law Regulations

The Board on the Unauthorized Practice of Law will accept public comments until January 30, 2023, on Proposed Amendments to the Regulations Governing Procedure on Complaints and Hearings Before the Board on the Unauthorized Practice of Law. Comments may be submitted in writing to: Bradley Martinez, Attorney Services Division Assistant Director, Supreme Court of Ohio, 65 South Front Street, 5th Floor, Columbus, Ohio 43215-3431, or [email protected] not later than January 30, 2023.

The standout change is expediting the normal hearing date from the current 266 days to 120 days after a panel is assigned. Proposed language addresses review and recertification of Certified Unauthorized Practice of Law Committees.

We hope this information is useful for you.  As always, if you have any questions, please feel free to contact OBLIC.

Gretchen K. Mote, Esq.
Director of Loss Prevention
Ohio Bar Liability Insurance Co.
Direct:  614 572 0620
[email protected]