Rule 101 - Scope of Rules: Applicability; Privileges; Exceptions(A)Applicability These rules govern proceedings in the courts of this state, subject to the exceptions stated in division (C) of this rule. (B)Privileges The rule with respect to privileges applies at all stages of all actions, cases, and proceedings conducted under these rules. (C)Definitions As used in these rules: (1) "Present" means the physical or remote presence of an individual.(2) "Remote presence" means the presence of a person who is using live two way video and audio technology. (D)Exceptions These rules (other than with respect to privileges) do not apply in the following situations: (1) Determinations prerequisite to rulings on the admissibility of evidence when the issue is to be determined by the court under Evid.R. 104;(2) Proceedings before grand juries;(3) Proceedings for extradition or rendition of fugitives; sentencing; granting or revoking probation; proceedings with respect to community control sanctions; issuance of warrants for arrest, criminal summonses and search warrants; and proceedings with respect to release on bail or otherwise;(4) Contempt proceedings in which the court may act summarily;(5) Proceedings for those mandatory arbitrations of civil cases authorized by the rules of superintendence and governed by local rules of court;(6) Proceedings in which other rules prescribed by the Supreme Court govern matters relating to evidence;(7) Special statutory proceedings of a non-adversary nature in which these rules would by their nature be clearly inapplicable;(8) Proceedings in the small claims division of a county or municipal court.(E)Court orders regarding physical appearance As used in these rules, any option to use live two-way video and audio technology shall not be construed to limit the power of a court to order that a party, attorney, or witness physically appear at a proceeding without the use of live two-way video and audio technology. Effective:7/1/1980; amended effective 7/1/1990;7/1/1996;7/1/1999; amended effective 7/1/2023.Staff Note (July 1, 1996 Amendment)
Rule 101 Scope of Rules; Applicability; Privileges; Exceptions
Rule 101(A) Applicability
The amendment deleted the rule's reference to proceedings "before court-appointed referees and magistrates." The deleted language was redundant, since proceedings before these judicial officers are "proceedings in the courts of this state." The amendment also harmonized the statement of the rules' applicability with the usage in other rules of practice and procedure, none of which makes specific reference to particular classes of judicial officers before whom proceedings governed by the rules might be conducted. See Civ.R. 1(A), Crim.R. 19A), and Juv.R. 1(A). The amendment is intended only as a technical modification and no substantive change is intended.
Staff Note (July 1, 1999 Amendment)
Rule 101 Scope of Rules; Applicability; Privileges; Exceptions
Rule 101(C) Exceptions
The phrase "community control sanctions" was added to division (C)(3) of the rule in accordance with changes resulting from the adoption of Senate Bill 2, effective July 1, 1996, and in order to make the rule conform to current Ohio criminal practice.