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RULES OF CIVIL PROCEDURE - Supreme Court

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RULE 83.Rule of <strong>Court</strong>(A) A court may adopt local rules of practice which shall not be inconsistent withthese rules or with other rules promulgated by the <strong>Supreme</strong> <strong>Court</strong> and shall file its local rules ofpractice with the Clerk of the <strong>Supreme</strong> <strong>Court</strong>.(B) Local rules of practice shall be adopted only after the court gives appropriatenotice and an opportunity for comment. If a court determines that there is an immediate need fora rule, it may adopt the rule without prior notice and opportunity for comment, but promptly shallafford notice and opportunity for comment.[Effective: July 1, 1970; amended effective July 1, 1994; July 1, 2000.]Rule 83 Local Rules of PracticeStaff Note (July 1, 2000 Amendment)The title of Civ. R. 83 and the text of division (A) were amended to more accurately reflect theintent of the original Civ. R. 83, which was to (1) restate the rule-making power of local courts as grantedby sentence five of Section 5(B), Art. IV, Ohio Constitution and (2) require that rules adopted by localcourts be filed with the <strong>Supreme</strong> <strong>Court</strong>. Civ. R. 83 was previously entitled Rule of <strong>Court</strong>. Although theprevious rule did not reflect that intent as accurately as it might have, courts had generally accorded ittreatment 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 areminder that local rules of practice must be consistent with the Civil Rules and with other rulespromulgated by the <strong>Supreme</strong> <strong>Court</strong>, 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.

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