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

• See sections re. Ohio Official Reports, Reported v. Unreported Cases, Web Cite

Before May 2002

• The weight accorded to reported vs. unreported opinions was different

• Reported opinions are those published in print Official Reporters

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 –

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

Unpublished opinions – before May 2002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

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

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

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

Rationale for New Rule

(a) many appellate judges give equal weight to published and unpublished opinions

(b) technology now permits all appellate opinions to be easily and readily obtained electronically.

See commentary to Rule 4

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

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. "

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 .

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.

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

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.

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

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

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

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.