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Final Public Comment Period for Proposed Rule Changes Closing February 21
Post on January 27th, 2022

The second and final public comment period for the proposed changes to Ohio’s civil, criminal, evidence, juvenile and traffic rules will close on February 21, 2022. The proposed changes are published here on the Ohio Supreme Court’s website. The changes include recommendations from the Supreme Court’s iCourt Task Force. The current proposal also includes revisions to the original proposal based on comments received in the first comment period. These revisions include further amendment to:

Civ.R. 43 requiring a witness testifying remotely in a trial or proceeding in open court to affirm on the record that the witness submits to the jurisdiction of the Ohio Court for the purpose of enforcement of their oath or affirmation;

  • Civ.R. 28 to allow court reporters to administer oaths to people testifying remotely outside the state;
  • Civ.R. 16 to include a staff note governing remote technology in pretrial procedures;
  • Civ.R. 39 to include a staff note clarifying remote testimony procedures;
  • Crim.R. 43 to include a staff note reminding judges to consider the effect the confrontation clause will have on allowing remote testimony of any witnesses during a criminal procedure;
  • Crim.R. 4 to remove the language requiring a defendant’s signature on a criminal complaint;
  • Crim.R. 12.2 to extend the previously proposed 14-day notice of intent to present evidence of self-defense to 30 days for felony cases and Crim.R. 12.1 to require the same notice for evidence of alibi;
  • Juv.R. 2 to remove a definition redundancy;
  • Juv.R. 16, 20, and 24 to align with similar changes in civil rules regarding service;
  •  Juv.R. 27 to make clear that a juvenile or parents’ attendance may be excused when it would be unnecessary;

This will be the final public comment period. All public comments should be directed to:

Michel Jendretzky
Legal Counsel
Supreme Court of Ohio
65 S. Front St., Seventh Floor
Columbus, OH 43215
or [email protected].

For more information, refer to the Ohio Supreme Court’s announcement at Court News Ohio.

As always, if you have any questions, please contact us. We are here to help.

Gretchen Mote, Esq
Director of Loss Prevention
Ohio Bar Liability Insurance Co.
Direct:  614-572-0620
Email: [email protected]
Monica Waller, Esq.
Senior Loss Prevention Counsel
Ohio Bar Liability Insurance Co.
Direct:  614-859-2978
Email: [email protected]