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Rule 83 – Rule of Court

May 14, 2021 | Civil Procedure, Ohio

(A) A court may adopt local rules of practice which shall not be inconsistent with these rules or with other rules promulgated by the Supreme Court and shall file its local rules of practice with the Clerk of the Supreme Court.
(B) Local rules of practice shall be adopted only after the court gives appropriate notice and an opportunity for comment. If a court determines that there is an immediate need for a rule, it may adopt the rule without prior notice and opportunity for comment, but promptly shall afford notice and opportunity for comment.

Ohio. Civ.R. 83

Effective:July 1, 1970; amended effective July 1, 1994;July 1, 2000.

Staff Note (July 1, 2000 Amendment)

Rule 83 Local Rules of Practice

The title of Civ. R. 83 and the text of division (A) were amended to more accurately reflect the intent of the original Civ. R. 83, which was to (1) restate the rule-making power of local courts as granted by sentence five of Section 5(B), Art. IV, Ohio Constitution and (2) require that rules adopted by local courts be filed with the Supreme Court. Civ. R. 83 was previously entitled Rule of Court. Although the previous rule did not reflect that intent as accurately as it might have, courts had generally accorded it treatment consistent with that intent. See 2 J. Klein & S. Darling, Baldwin’s Ohio Practice: Civil Practice, Section 83-1 through 83-4 at 786-92 (West Group 1997).

The amendment was intended to (1) remove any doubt about the intent of the rule, (2) serve as a reminder that local rules of practice must be consistent with the Civil Rules and with other rules promulgated by the Supreme Court, and (3) make Civ. R. 83(A) more clearly consistent with Sup. R. 5(A).

Division (B) was amended in technical respects only; no substantive change was intended.