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Ohio Public Domain Cite

Ohio Public Domain Cite. By Sue Altmeyer For Prof. Mika’s Legal Writing Class Mar. 23 and 25, 2009. Cleveland Marshall’s Ohio Legal Research Guide. http://www.law.csuohio.edu/lawlibrary/resources/lawpubs/ohio/Courts.html#findcase

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Ohio Public Domain Cite

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  1. Ohio Public Domain Cite By Sue Altmeyer For Prof. Mika’s Legal Writing Class Mar. 23 and 25, 2009

  2. Cleveland Marshall’s Ohio Legal Research Guide • http://www.law.csuohio.edu/lawlibrary/resources/lawpubs/ohio/Courts.html#findcase • See sections re. Ohio Official Reports, Reported v. Unreported Cases, Web Cite

  3. Before May 2002 • The weight accorded to reported vs. unreported opinions was different • Reported opinions are those published in print Official Reporters

  4. What are Ohio Official Reports? • Ohio State Reports, also 2d & 3d series – All Ohio Supreme Court Cases • Ohio Appellate Reports, also 2d & 3d – Selected Appellate Cases • Ohio Miscellaneous Reports, also 2d series  - Selected Trial court cases –

  5. Before May 1, 2002 Published Opinions: • controlling authority in the district • Always can cite – persuasive to other districts Rules for the Reporting of Opinions, Rule 4

  6. Unpublished opinions – before May 2002 • Controlling only as to the parties. • Can only be cited • As authority between parties • In the district it was rendered, persuasive only • By appellate court of another district to certify question to Ohio Supreme Court Rules for the Reporting of Opinions, Rule 4

  7. Rationale for Old Rule In the past, impossible to physically print all appellate decisions -Computerized legal research not accessible to all, although more accessible over time

  8. Changes as of May 1, 2002 • Distinctions between, “controlling” and “persuasive” opinions based merely upon whether published abolished. Rules for the Reporting of Opinions, Rule 4

  9. Changes as of May 1, 2002 • Court of appeals opinions issued after May 1, 2002 may be cited as legal authority and weighted as deemed appropriate by the courts. Rules for the Reporting of Opinions, Rule 4

  10. Rationale for New Rule • many appellate judges give equal weight to published and unpublished opinions • technology now permits all appellate opinions to be easily and readily obtained electronically. See commentary to Rule 4

  11. All Opinions post 5/2002 Controlling in the District? Maybe yes ….. • comments to Rule 4 "The Committee recognized the concern that with the designations abolished, and all appellate opinions are "controlling," there is some burden on the practitioner …” • All opinions are published on the web

  12. All Opinions post 5/2002 Controlling in the District? Maybe no …. Rule 4: "All court of appeals opinions issued after the effective date of these rules may be cited as legal authority and weighted as deemed appropriate by the courts. "

  13. Another Rule Change as of May 1, 2002 Ohio Supreme Court posted to its website: • all Ohio Supreme Court cases • all appellate court cases and • trial court opinions reported in Ohio Miscellaneous reports. See Rules for the Reporting of Opinions, Rule 9, 10 .

  14. Web Cite • Cases posted assigned a "web cite“ = "public domain cite" 2002-Ohio-2220 • first number =year case decided • last number = unique number for that case.

  15. Citation format • Cases decided after May 1, 2002 must use web cite, and Official Reporter cite. Revisions to Manual of Citations, Bluebook p. 226 • Bonacorsi v. Wheeling & Lake Erie Ry. Co., 95 Ohio St.3d 314, 2002-Ohio-2220, 767 N.E.2d 707 • Brown v. McClain Constr. Co., 3d Dist. No. 16-01-19, 2002-Ohio-2834

  16. Citation format Web cite not available, and case is reported: Mers v. Dispatch Printing Co. (1985), 19 Ohio St.3d 100, 483 N.E.2d 150.

  17. Citation Format Web cite not available and case not published : • Jones v. Brown (Apr. 4, 1998), 8th Dist. No. 18220, or Jones v. Brown (Apr. 4,1998), Cuyahoga App. No. 18220

  18. Finding Cases with the Web Cite • Ohio Supreme Court’s webpage – must type in dashes 2007-Ohio-5743 • Lexis and Westlaw recognize • Casemaker & Fastcase recognize

  19. Finding older unreporteds • Lexis and Westlaw – back to late 70s • Casemaker – back to 1981 • Fastcase – starts 2000 • Court websites – vary by court, approx mid 1990s

  20. Public Domain Cites in Other States? • Current List on ABA Technology Resource Center • Neutral Citation, Court Web Sites and Access to Authoritative Case Law, Peter W. Martin, Law Library Journal, Spring 2007.

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