Ohio Crim. R. 12.2

As amended through October 29, 2024
Rule 12.2 - Notice of Self-Defense

Whenever a defendant in a criminal case proposes to offer evidence or argue self-defense, defense of another, or defense of that person's residence, the defendant shall, not less than thirty days before trial in a felony case and fourteen days before trial in a misdemeanor case, give notice in writing of such intent. The notice shall include specific information as to any prior incidents or circumstances upon which defendant intends to offer evidence related to conduct of the alleged victim, and the names and addresses of any witnesses defendant may call at trial to offer testimony related to the defense. If the defendant fails to file such written notice, the court may exclude evidence offered by the defendant related to the defense, unless the court determines that in the interest of justice such evidence should be admitted.

Ohio. Crim. R. 12.2

Adopted effective 7/1/2022.

Staff Note (July 1, 2022 Amendment)

In 2019, the General Assembly amended R.C. 2901.05(B)(1) to shift the burden of proof in a selfdefense case from the defendant to the prosecution. If there is evidence presented by the defense that tends to support that the defendant acted in self-defense, defense of another, or defense of the person's residence, the prosecution must prove beyond a reasonable doubt that the defendant did not act in selfdefense. This rule was added in response to that change in the law.