Youngstown Daily Legal News

Rules of Practice for law in Ohio under regular two-year review

ANNIE YAMSON
Special to the Legal News
Published: October 19, 2016

The Ohio Supreme Court Clerk's Office has published proposed amendments to the Rules of Practice and is now seeking public comment.

According to the high court's news service, every two years, the clerk's office undertakes a review of the rules that govern how cases are filed and proceed before the Supreme Court.

This year's proposals would amend six rules, beginning with Rule 2.02, governing court appearances by out-of-state attorneys.

The amendment to the rule on pro hac vice admission states that "the Supreme Court may permit an attorney who is not registered for active status with the Office of Attorney Services of the Supreme Court of Ohio to appear pro hac vice and to file documents or participate in oral argument in a case before the Supreme Court of Ohio if the attorney has complied with the requirements of (the Rules for the Government of the Bar) and this rule."

Existing language allowing the high court to withdraw pro hac vice admission at any point would remain in the rule.

The rule would also be amended to clarify when a pro hac vice attorney is deemed to have made an appearance in the case.

Rule 3.02 would also be amended to remove language regarding the filing of electronic documents by email because attorneys and pro-se litigants have access to the court's e-Filing portal.

The proposal also amends Rule 4.06 to direct parties on how to proceed in the event of a substitution.

The new rule would state that substitution of a party is governed by the Ohio Rules of Civil Procedure.

"In all other cases, except as provided for in division (B) of this rule, if substitution of a party is necessary, a motion shall be filed that designates the person to be substituted and states the reasons the substitution is required," the added language states.

Division (B) states, "Unless otherwise provided for by this rule, when a public officer in the officer's official capacity is a party to an appeal or other proceeding in the Supreme Court of Ohio and ceases to hold office while the matter is pending, the action does not abate and the successor officer is automatically substituted as a party."

Applications for re-opening death penalty cases are also addressed in the amendments and would increase the application page limit to 15, up from 10. Rule 11.06 would require any memorandum of law filed by the attorney for the prosecution in response to the application to include "specific citations to the record, as necessary to respond to the claims raised in the application."

Rules 16.08 and 17.08 would modify the rules to permit the filing of a citation to relevant authority less than seven days before oral argument.

"In cases scheduled for oral argument, citations to additional authority may be filed pursuant to (Rule of Practice) 17.08," the amendment to Rule 16.08 states.

The amended Rules 17.08 states, "If relevant authority is issued less than seven days before the date of oral argument, a party may file a citation to the relevant authority but shall not cite to any other authority that was issued more than seven days before oral argument."

Other Rules of Practice are subject to only minor revisions.

The high court is now accepting public comment in writing or via email by Nov. 9.

Comment may be sent to the clerk's case management counsel, Justin Kudela at Justin.Kudela@sc.ohio.gov.

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