The Ohio Supreme Court is requesting comments until November 13th on proposed changes to the Rules of Practice and Procedure, including appellate, civil, criminal, juvenile and evidence rules. According to the Court's news release,
"The proposed amendments concern changes to the rules of appellate procedure, civil procedure, criminal procedure, juvenile procedure and the Ohio Rules of Evidence.
Many of the proposed changes target inconsistencies, allow for electronic means of service, remove outdated concepts, or move certain rules to other sections that make more sense. There are, however, a few substantive changes to existing rules.
Proposed amendments to Civ. R. 4.4 and Juv. R. 16 would make it clear that service by posting can be used in initial actions and expand it to post-decree matters. In addition to the traditional “posting” of a notice on the courthouse bulletin board, service would use the county clerk of court’s website if it exists, although the amendments don’t require electronic posting.
Amendments to Civ. R. 10(D)(2) and Evid. R. 601 seek to enhance the affidavit of merit requirement and clarify who qualifies as an expert in a medical claim. The amendments distinguish between medical malpractice cases and other medical, dental, optometric or chiropractic claims. An amendment to Evid. R. 601 would require experts to have devoted three-quarters of their professional time to active clinical practice at the time of the event giving rise to the claim."
Click here to follow the link to view the text of the proposed amendments and for the address for the submission of comments. Assuming no problems or changes occur, these proposed amendments would go into effect on July 1, 2013.
According to a press release from our local federal district court, "the U.S. Supreme Court has approved and transmitted to Congress amendments to the Federal Rules of Criminal Procedure and the Federal Rules of Bankruptcy Procedure that will take effect on December 1, 2012 unless Congress takes action to reject, modify or defer them." Changes to the Federal Criminal Rules include:
Criminal Rule 5 (specifies the place of the initial appearance for a defendant extradited to the U.S.)
Criminal Rule 15 (authorizes the taking of depositions outside of the U.S. without the defendant being present in limited circumstances)
Criminal Rule 37 (new rule articulating procedures for obtaining an indicative ruling)
Click here for information on these changes and changes to the Bankruptcy Rules.