Cleveland Law Library Weblog

Judge Sean Gallagher Served as a Visiting Judge in the Ohio Supreme Court

Earlier this week on July 6th, local appellate Judge Sean Gallagher served as a Visiting Judge in the Ohio Supreme Court. He and Fourth District Judge William Harsha took over for Chief Justice Brown and Justice Cupp in the case of Bd. of Trustees of the Tobacco Use Prevention and Control Foundation v. Boyce (Case No. 2010-0118).

All 8th District Decisions Are Now Journalized Upon Release

All 8th District Court of Appeals decisions are now going to be journalized as of the date of their release. The Court made this change to reflect changes the Ohio Supreme Court made to its rules of procedure and appellate filing deadlines.

Ohio AG Will Now Defend Appellate Judges and Courts in Non-Monetary Civil Suits

As part of HB 10, the Ohio Attorney General's office will now be representing appellate judges and courts in non-monetary civil suits. A letter the AG's office sent to the courts provides that: "any cases seeking only equitable relief (e.g., writs of mandamus or procedendo) and filed against Appellate Court Judges will be handled by the Constitutional Offices Section of the Ohio Attorney General’s Office.” According to the Supreme Court's press release, the AG's office will also provide representation to appeals court employees whether monetary relief is requested or not.

New "Open Discovery" Rule Takes Effect in Ohio Criminal Cases

Today marks the date for new "open discovery" rules to take effect in all Ohio criminal cases. Amended Ohio Criminal Rule 16 provides for both sides to share their case information and specifically provides that the prosecution must now share all exculpatory information with the defense up front, including police reports, witness statements, and expert witness reports. However, the Rule allows the prosecutor's office to mark some documents for defense counsel eyes only and certify non-disclosure of others in particular circumstances. In addition, if the defense sends a discovery request to the prosecution under this Rule, the defense has a "reciprocal duty of disclosure" even if the state never asks for any evidence.

Cuyahoga County prosecutors and defense counsel have already been working under a local "open discovery" rule (Local Rule 23.1) since last February, 2009.  See our prior blog post about Rule 23.1 with additional related links.

Supreme Court Places Restrictions on Naming John Doe Defendants

The Ohio Supreme Court decision in Erwin v. Bryan has clarified when plaintiffs can and cannot name John Doe defendants under Civil Rule 15. The crux of the opinion is that using that designation is acceptable if a plaintiff knows who a defendant is but does not know his/her/its name in time to file to meet a statute of limitation. However, the Court will not allow parties to use "placeholders" for unknown defendants to buy time to find them after a statute of limitations has run. Click here to read the Court's press release and to find the link for the oral argument in the case.

New Pamphlet Available for Pro Se's Appealing to Ohio Supreme Court

The Ohio Supreme Court has created and published a brand new online pamphlet for pro se litigants who are preparing appeals to the Supreme Court from one of Ohio's Courts of Appeal. 

Ohio Supreme Court Translates Common Forms into 5 Languages

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.

Last Names A-L: Don't Forget to File Your Ohio CLE Transcript

January 31st is fast approaching as the deadline for Ohio attorneys whose last names start with A-L to file their CLE transcripts with the Ohio Supreme Court. Per the Supreme Court's Press Release, filing can be done by mail or online. Don't forget!

Ohio Supreme Court Launches News Delivery System

You can now customize the type of news you want to receive from the Ohio Supreme Court. Beginning with the new year, the Court created a new delivery system and migrated all of its prior email users over so that they can continue to receive their customary news. The Court's Press Release indicates that the system is the first of its kind in use by a court in the US, although several key federal agencies have already been using it.

Big Changes Coming for Traffic Tickets and Rules

Effective January 1, 2010, new changes are coming to Ohio's traffic ticket Rules. The Ohio Supreme Court has created a new traffic ticket for officers to use when they run out of their current supplies, and there are new rules that will change deadlines and allow for more cases to be disposed of without an appearance. The new ticket will only require 4 digits of a defendant's social security number but add room for the citing officer to report prior OVI convictions. Click here to read more about the new Rules.