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Many of the proposed changes target inconsistencies, allow for electronic means of service, remove outdated concepts, or move certain rules to other sections that make more sense.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.
Today marks the last day of business for the Cuyahoga County Juvenile Court at its current facility on East 22nd. The Court is in the process of moving into the new Cuyahoga County Juvenile Justice Center (CCJJC) located at 9300 Quincy Ave. in Cleveland, Ohio. The building will be fully open to the public starting on October 11, 2011, but filings will be accepted at the CCJJC beginning on October 3rd, when the court will also begin to hear emergency custody, detention arraignments, adult jail, and civil protection matters at the new facility. For questions, you can call (216) 443-8400 for more information. Click here for a video tour of the new facility.
The Ohio Supreme Court is getting a head start on annual updates to the rules governing civil, appellate, criminal and juvenile practice in Ohio. Through November 2nd, the Court is accepting comments on proposed changes which would include rules on official transcripts for appeal, oral argument scheduling, magistrate qualifications, and rules for juvenile proceedings. Click here to read the Court's press release, which contains a link where you can read the text of the proposed rules.
The Ohio Supreme Court is accepting public comments until July 20, 2010 on a proposed new Rule 10.05 to the Ohio Rules of Superintendence that would authorize juvenile courts to issue civil protection orders against juveniles and adopt standard forms for seeking a protection order. The Rule was proposed in response to HB 10, which allows a juvenile court to issue a protection order against a child who is alleged to have committed certain offenses or domestic violence against the person to be protected. HB 10 also includes foster parents under the scope of the domestic violence laws and prohibits the unauthorized use of the Ohio Law Enforcement Gateway. According to the Ohio Attorney General's office, the Gateway "is a secure, Web-based platform that provides real-time information to law enforcement agencies about identity theft, sex offenders and missing children. Through OHLEG, law enforcement agencies can share information in order to better prevent and solve crimes."
The Ohio Supreme Court has translated 27 common forms used in general, domestic relations, juvenile and probate court cases into Spanish, Arabic, Mandarin, Russian, and Somali. A few of the key forms include those related to domestic violence and stalking. Click here to find the translated forms.
The Cleveland Plain Dealer reports that Cuyahoga County has approved $29 million in contracts for construction of a new Juvenile Justice Center. Approval had been delayed based on allegations of corruption in the bidding process, but some of the work on the Center has already begun, with the hope of opening in 2011. The PD indicates that the County postponed its vote until receiving a clean bill of health from a former federal prosecutor the County hired to review all of the bid, appraisal and contract documents. Interestingly, the PD column ends by stating that the County changed its bid process in the last few weeks despite the fact that the contracts were also cleared as part of a large federal investigation.
Various Ohio Rules of appellate, civil, criminal, and juvenile procedure become effective today. The Ohio Supreme Court's Press Release outlines the changes, which include an addition for service of process on limited liability companies, enhancements to rules on electronic discovery, and other changes. Click here to read a more detailed summary of the amendments, together with the text of all the new rules.
For the very first time, the Ohio Supreme Court has issued a state-wide rule for GAL's (Guardians ad litem) that will take effect on March 1, 2009. According to Supreme Court's Press Release, new Rule 48 will govern appointment, responsibilities, training and reporting requirements for GAL's and will apply in all domestic and juvenile court proceedings where the court appoints a GAL. To help implement this new Rule, the Ohio Judicial College is scheduling upcoming training.