Supreme Court adopts rule changes

The Ohio Supreme Court has adopted a series of amendments to the Rules of Practice and Procedure.

The amendments are part of an annual update and concern changes to the rules of appellate procedure (4, 9, 10, 11 and 43), civil procedure (4.3, 4.5, 4.6, 7, 33, 36, 45, 75 and 86), criminal procedure (5, 41 and 59), and juvenile procedure (40 and 47). Many of the changes make simple clarifications, target inconsistencies or account for renumbering of rules.

There is, however, at least one substantive change to an existing rule.

  • Amendments to Crim.R. 41 address issuing and executing tracking-device search warrants. According to Jo Ellen Cline, Supreme Court government relations counsel, law enforcement officers currently have three days to complete a search with no differentiation made between a search warrant for property and the installation of a tracking device. The ability to install a tracking device within the time limit often proves difficult if no opportunities arise for law enforcement to do it safely and secretly. The amendments give law enforcement greater flexibility while protecting individuals’ rights, Cline said.

According to the Ohio Constitution, amendments to Rules of Practice and Procedure must be filed with the General Assembly. The amendments take effect on July 1, unless before that date the General Assembly adopts a concurrent resolution of disapproval.

Access the text of the amendments.

Content courtesy of Court News Ohio.



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