The Supreme Court of Ohio levels the playing field.


Beginning July 1st of this year prosecutor's and defense attorneys will be playing on a level playing field.  The Supreme Court of Ohio recently filed with the Ohio General Assembly an amendment that applies to the Rules of Practice and Procedure.  Rule 16 calls for a more open discovery process.

The new rule allows defense attorneys open access to materials that are currently unavailable.  prosecutor's must share police reports, witness statements and other information with the defense attorney.  Now defendants can see what cards the other side is holding.

However, there is an exception that addresses limiting open discovery when victims or witnesses could be in danger.  If the defense attorney believes this exception is being abused, the defense attorney can appeal to a judge if they think evidence has been unfairly withheld.