Ohio Supreme Court Seeking Public Comment on Proposed E-Discovery Amendments

The Supreme Court of Ohio is now accepting public comments on proposed amendments to the Ohio Rules of Civil Procedure addressing electronic discovery.  The amendments to Rules 16, 26, 33, 34, 36, 37, and 45 are based on the December 2006 amendments made to the Federal Rules of Civil Procedure.  

Click to view the proposed amendments as published for public comment.

Comments on the proposed amendments must be submitted in writing to:  Jo Ellen Cline, Legislative Counsel, Supreme Court of Ohio, 65 South Front Street, 7th Floor, Columbus, Ohio 43215-3431 or ClineJ@sconet.state.oh.us and received no later than March 4, 2008.

The proposed amendments were recommended to the Supreme Court by the Supreme Court Commission on the Rules of Practice and Procedure and initially were initially published for comment on October 15, 2007.  After reviewing the comments received, the Commission recommended further revisions to the previously published amendments.  After considering the written comments and the recommendations of the Commission, the Supreme Court adopted the proposed amendments and directed that the amendments be filed with the General Assembly and republished for public comment.

Accordingly, the revised proposed amendments were filed with the General Assembly on January 14, 2008.  The Commission on the Rules of Practice and Procedure and the Supreme Court will consider all comments received during this second comment period, and the Court may modify or withdraw proposed amendments prior to May 1, 2008.  The amendments filed with the General Assembly and not withdrawn prior to May 1, 2008 will take effect on July 1, 2008, unless prior to that date the General Assembly adopts a concurrent resolution of disapproval.