Ohio Juv. R. 22

As amended through March 13, 2024

Rule 22 - Pleadings and Motions; Defenses and Objections

(A) Pleadings and motions. Pleadings in juvenile proceedings shall be the complaint and the answer, if any, filed by a party. A party may move to dismiss the complaint or for other appropriate relief.

(B) Amendment of pleadings. Any pleading may be amended at any time prior to the adjudicatory hearing. After the commencement of the adjudicatory hearing, a pleading may be amended upon agreement of the parties or, if the interests of justice require, upon order of the court. A complaint charging an act of delinquency may not be amended unless agreed by the parties, if the proposed amendment would change the name or identity of the specific violation of law so that it would be considered a change of the crime charged if committed by an adult. Where requested, a court order shall grant a party reasonable time in which to respond to an amendment.

(C) Answer. No answer shall be necessary. A party may file an answer to the complaint, which, if filed, shall contain specific and concise admissions or denials of each material allegation of the complaint.

(D) Prehearing motions. Any defense, objection or request which is capable of determination without hearing on the allegations of the complaint may be raised before the adjudicatory hearing by motion. The following must be heard before the adjudicatory hearing, though not necessarily on a separate date:

(1) Defenses or objections based on defects in the institution of the proceeding;

(2) Defenses or objections based on defects in the complaint (other than failure to show jurisdiction in the court or to charge an offense which objections shall be noticed by the court at any time during the pendency of the proceeding);

(3) Motions to suppress evidence on the ground that it was illegally obtained;

(4) Motions for discovery;

(5) Motions to determine whether the child is eligible to receive a sentence as a serious youthful offender.

(E) Motion time. Except for motions filed under division (D)(5) of this rule, all prehearing motions shall be filed by the later of:

(1) seven days prior to the hearing, or

(2) ten days after the appearance of counsel.

Rule 22(D)(5) motions shall be filed by the later of:

(1) twenty days after the date of the child's initial appearance in juvenile court; or

(2) twenty days after denial of a motion to transfer.

The filing of the Rule 22(D)(5) motion shall constitute notice of intent to pursue a serious youthful offender disposition.

The court in the interest of justice may extend the time for making prehearing motions.

The court for good cause shown may permit a motion to suppress evidence under division (D)(3) of this rule to be made at the time the evidence is offered.

(F) State's right to appeal upon granting a motion to suppress. In delinquency proceedings the state may take an appeal as of right from the granting of a motion to suppress evidence if, in addition to filing a notice of appeal, the prosecuting attorney certifies that (1) the appeal is not taken for the purpose of delay and (2) the granting of the motion has rendered proof available to the state so weak in its entirety that any reasonable possibility of proving the complaint's allegations has been destroyed.

Such appeal shall not be allowed unless the notice of appeal and the certification by the prosecuting attorney are filed with the clerk of the juvenile court within seven days after the date of the entry of the judgment or order granting the motion. Any appeal which may be taken under this rule shall be diligently prosecuted.

A child in detention or shelter care may be released pending this appeal when the state files the notice of appeal and certification.

This appeal shall take precedence over all other appeals.

(G)Motions by alleged victim. To the extent required by Article I, Section 10a of the Ohio Constitution or by the Revised Code, the trial court shall allow an alleged victim of a crime to file pretrial motions in accordance with the time parameters in subsection (E).

Ohio. Juv. R. 22

Effective:7/1/1972; amended effective 7/1/1977; amended effeceive 7/1/1994; 7/1/2001; 7/1/2012; amended April 24, 2019, effective 7/1/2019.

Staff Note (July 1, 2001 Amendment)

Juvenile Rule 22 Pleadings and Motions; Defenses and Objections

Juvenile Rule 22(D) Prehearing motions

Rule 22(D) was amended to add a fifth category of prehearing motions, the motion of the prosecuting attorney to have the court hold a probable cause hearing to determine whether or not a child is eligible under Revised Code sections 2152.11 or 2152.13 to receive a sentence as a serious youthful offender. These motions provide a timely opportunity for the needed probable cause determination of eligibility for treatment as a serious youthful offender, in circumstances in which the prosecuting attorney does not have sufficient time to seek a grand jury determination of such eligibility.

Juvenile Rule 22(E) Motion time

Rule 22(E) was amended to conform to Sub. Sen. Bill 179 (effective date January 1, 2002) by reflecting that motions for determination of eligibility for treatment as a serious youthful offender are subject to a different time frame than other prehearing motions. It is important for the prosecuting attorney to have sufficient time to investigate before making the significant charging decision to pursue serious youthful offender sentencing. Revised Code section 2152.13(B) provides that the prosecuting attorney has twenty days after a child's initial appearance within which to file a notice of intent to pursue a serious youthful offender dispositional sentence. Juvenile rule time frames applicable in all other cases would truncate this statutory latitude. For instance, Juvenile Rule 29(A) contemplates that ordinarily the adjudicatory hearing of a child held in detention must occur within ten days. Since these are the most serious cases, it is not unlikely that the child will be in detention. Thus, the ordinary time frames of Rule 22(E) would require the motion to be filed well before the statutory period of twenty days has elapsed. Amended Rule 22(E) also clarifies that the prosecuting attorney has the statutory twenty-day time period for filing a notice of intent to pursue serious youthful offender dispositional sentencing after a transfer is denied.

Finally, Rule 22(E) as amended specifically provides that a Rule 22(D)(5) motion shall serve as the statutory "notice of intent" to pursue serious youthful offender dispositional sentencing. This serves to create a recognized procedural mechanism for the notice and to clarify that a motion is indeed the required notice. It also clarifies that the motion starts the speedy trial time clock running [see also Revised Code section 2152.13(D)(1) ].

Other changes to Rule 22(E) were in form only, and were not intended to be substantive.