Ohio Rules of Practice

Local Rule 16.3.1 and Local Rule 9.1 in Civil matters have been amended to modernize and streamline practices in Social Security disability cases: The Rules of Procedure Committee of the Judicial Conference has issued proposed amendments to existing rules and forms, as well as a new rule for public comment. Proposals and supporting documents are published on the website of the judiciary at www.uscourts.gov/rules-policies/proposed-amendments-published-public-comment. The public comment period begins on August 15, 2022 and ends on February 16, 2023. Due to significant changes to these rules, no red lines of the rules are attached. Guidelines for the drafting and treatment of court rules Prevention of Insolvency and Consumer Protection Act, 2005 Publication of proposed amendments for public comment – August 2022 Amendments to Local Patent Rules 2.2 and 2.3 and Appendix A Local Rule 83.1 in civil matters and Rule 53.1 in local criminal matters have been revised as follows: Local Bankruptcy Rule 7067-1 – Registration Fund – pursuant to Rule 67 of the Federal Rules of Civil Procedure and Federal Rule 7067 Rules of Insolvency Procedure. The rule stipulates that the funds to be deposited with the court in an interest-bearing account are invested in the Investment System of the Registry of the Court (CRIS). Local Bankruptcy Rule 3011-1 – Unclaimed Funds has been amended to require the use of Official Form 1340 and Exhibit A and that payment of unclaimed funds will only be made directly to the claimant. Appendix A (paragraph 7) has been amended to reflect the wording of Schedule L (paragraph 6) of the Local Civil Rule on Protection Orders. At its September 2019 meeting, the Justice Conference approved amendments to the Code of Civil Procedure and the Rules of Evidence. The amendments were submitted to the Supreme Court for review on October 23, 2019 and will enter into force on December 1, 2020. Technical amendments have been made to Rule 2.2 of the local patent (deletion of the last paragraph as unnecessary) and Rule 2.3 of the local patent (correction of the list in subparagraph (c)). amendments to the Code of Civil Procedure and Rules of Evidence – with effect from 1 December 2020, rule 30(b)(6) Publication of testimony; Other formal requirements.

The amendment directs the service party and the designated organization to consult on matters to be considered before or immediately after service of the notice or summons. The amendment also requires a subpoena to inform a non-party organization of its duty to instruct and to call one or more witnesses to testify. Rule 404(b) Crime, wrongdoing or otherwise. The amendment states that the prosecution must now include in the 404(b) notice: a purpose of non-inclination for which the evidence is presented and the basis for concluding that the evidence is relevant to that purpose. Termination must be in writing. The notice must be given sufficiently in advance of the trial to give the accused a fair opportunity to gather evidence, unless the court waives this requirement for cause. The obligation for the defendant to file an application prior to notification has been removed. Local Rule 4.2(c) has been revised to reflect the fact that the response time is 28 days, not 24 days after the court clerk dispatches the normal postal service, in order to comply with Ohio Rule of Civil Procedure 4.6. Local Bankruptcy Rule 2002-1 – Notice to Creditors and Other Interested Parties – has been amended to bring it into line with Rule 2002(h) of the Federal Bankruptcy Procedure Rules, as amended on December 1, 2020, to allow courts to restrict all notices required under paragraph (a) of Rule 2002 in cases falling under Chapters 12 and 13, after the expiry of the deadline for submitting proof of claim. Similar to the procedure already in place for Chapter 7 cases. Amendments to Local Bankruptcy Rules 2002-1, 3011-1 and 7067-1 Local Civil Rules Schedule J has been revised to reflect the following: (1) at the request of a bailiff, a matter is referred to the Pro Bono Division of the Office of the Registrar for the appointment of legal counsel, and (2) pro bono attorneys are eligible to receive legal training (CLE) from the Ohio Supreme Court.

Local Rule 7.1 in civil matters has been amended to remove the reference to a historic court order (Schedule H) which is no longer relevant. The civil cover page has been updated to reflect the change of name from Nature of Suit “Proprietary Rights” to “Intellectual Property Rights”. The civil cover page has been updated to include the new 880 code type for civil matters related to the Trade Secrets Defence Act 2016, which was amended on 1. October 2020 and was approved by the Subcommittee on Statistics and the Committee on Judicial Resources. Local Civil Rule 16.4(d)(3) has been revised to require panel members to provide up to six hours of free service for each designated case, including preparation time. The court also received approval from the Ohio Supreme Court to offer Continuing Legal Education (CLE) credit for pro bono services provided by panelists. Panelists may receive continuing education credits for every six hours of free service, up to a maximum of six continuing education credits per two-year reporting period. Amendments to Local Civil Rule 16.3.1 and Local Civil Rule 9.1.