The Ohio Supreme Court this summer modified its Rules of Civil Procedure as it relates to discovery practice. Ohio Civil Rule 26 was overhauled to more closely track the federal rule, with some special nuances, and requires more uniformity among the 88 counties and their courts.
Although many of the local rule requirements remain in effect, here are some changes now applicable state wide to all cases filed in Ohio:
Initial Disclosures and Discovery Plan. The new rules impose on the parties the affirmative duty to make “initial disclosures” quickly, no later than the first pretrial or case management conference. Unless privileged or protected from disclosure, the requirement is to disclose without a discovery request the following:
►The name and, if known, the address and telephone number of each individual likely to have discoverable information – along with the subjects of that information – that the disclosing party may use to support its claims or defenses.
►A copy of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses.
