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: Cleveland Law Library Weblog

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

By Cleveland Law Library

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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.

Full post as published by Cleveland Law Library Weblog on July 01, 2010 (boomark / email).