Bill Summary – FastDemocracy

OHIO LEGISLATIVE SERVICE COMMISSION
                                            Office of Research                      Legislative Budget
www.lsc.ohio.gov                              and Drafting                                Office
                            S.C.R. 16                            Final Analysis
                   134th   General Assembly
 Primary Sponsor: Sen. Gavarone
 Adopted: June 1, 2022
 Effective Date:
 Dennis M. Papp, Attorney
                                                       SUMMARY
                    Disapproves the proposed amendments to specified Rules, and to Staff Notes to specified
                       Rules, filed by the Ohio Supreme Court with the General Assembly on April 26, 2022, and
                       the previously proposed amendments to those specified Rules and Staff Notes filed by
                       the Court on January 12, 2022, that were proposed to:
                           The Ohio Rules of Civil Procedure;
                           The Ohio Rules of Criminal Procedure;
                           The Ohio Rules of Evidence; and
                           The Ohio Rules of Juvenile Procedure.
                                              DETAILED ANALYSIS
Disapproval resolution
        The concurrent resolution disapproves of the proposed amendments to specified Ohio
Rules of Civil Procedure, Ohio Rules of Criminal Procedure, Ohio Rules of Evidence, and Ohio
Rules of Juvenile Procedure filed by the Ohio Supreme Court on April 26, 2022, with the Clerk of
the Senate and the Clerk of the House of Representatives, and the previously proposed
amendments to those Rules filed by the Court on January 12, 2022, and also disapproves of the
proposed amendments to the specified Staff Notes for certain of those Rules filed by the Court
with the chairperson of the Senate Judiciary Committee, the chairperson of the House Criminal
Justice Committee, and the chairperson of the House Civil Justice Committee on those dates.
        The concurrent resolution states that it is the General Assembly’s intention in adopting
the resolution of disapproval to comply with Article IV, Section 5(B) of the Ohio Constitution, and
thus to prevent the specified proposed amendments filed on those dates from taking effect, and
                                                                                                  June 22, 2022
Office of Research and Drafting                      LSC                      Legislative Budget Office
to also prevent the specified proposed amendments to the Staff Notes for certain of those Rules
filed on those dates from taking effect.
          The proposed amendments disapproved under the concurrent resolution are:
       1. The proposed amendments to Rule 1, Rule 1.1, Rule 30, Rule 39, and Rule 43 of the
Ohio Rules of Civil Procedure, and to Staff Notes to Rule 16, Rule 30, Rule 39, and Rule 43 of those
Rules;
       2. The proposed amendments to Rule 1, Rule 2, Rule 10, Rule 40, and Rule 43 of the Ohio
Rules of Criminal Procedure, and to Staff Notes to Rule 40 and Rule 43 of those Rules;
          3. The proposed amendments to Rule 101 of the Ohio Rules of Evidence;
       4. The proposed amendments to Rule 1, Rule 2, Rule 20, Rule 25, Rule 27, Rule 29, Rule
34, and Rule 41 of the Ohio Rules of Juvenile Procedure.
        The concurrent resolution directs the Clerk of the Senate to send a certified copy of the
resolution to the Supreme Court by June 6, 2022, together with a certification stating that the
resolution was adopted on June 1, 2022.
Effect of disapproval resolution
      As a result of the concurrent resolution’s adoption by both houses of the General
Assembly prior to July 1, 2022, the proposed amendments to those Rules, and the proposed
amendments to Staff Notes to those Rules, do not take effect.1
Procedures for proposal, amendment, disapproval, and taking
effect of court rules of practice and procedure
        A provision of the Ohio Constitution requires the Ohio Supreme Court to prescribe rules
governing practice and procedure in all Ohio courts, and specifies that the rules may not abridge,
enlarge, or modify any substantive right. Proposed rules must be filed by the Court, not later than
January 15, with the clerk of each house of the General Assembly during a regular session, and
amendments to any of the proposed rules may be so filed not later than May 1 in that session.
The rules take effect on the following July 1, unless prior to that day the General Assembly adopts
a concurrent resolution of disapproval. All laws in conflict with the Rules are of no further force
or effect after the Rules have taken effect.2
       Pursuant to this mandate, the Court has adopted the Ohio Rules of Civil Procedure, Ohio
Rules of Criminal Procedure, Ohio Rules of Evidence, Ohio Rules of Juvenile Procedure, and Ohio
Rules of Appellate Procedure.
1   Ohio Constitution, Section 5(B) of Article IV.
2   Ohio Constitution, Section 5(B) of Article IV.
P a g e |2                                                                                   S.C.R. 16
                                                                                        Final Analysis
Office of Research and Drafting         LSC                  Legislative Budget Office
                                      HISTORY
                             Action                        Date
 Introduced                                     06-01-22
 Adopted by Senate (24-8)                       06-01-22
 Adopted by House (60-29)                       06-01-22
22-SCR16EN-134/ec
P a g e |3                                                                  S.C.R. 16
                                                                       Final Analysis