(A) Request for discovery. Upon written request sent either by mail or remotely through a mutually agreed upon electronic platform, each party of whom discovery is requested shall , to the extent not privileged or otherwise prohibited from disclosure by law, produce promptly for inspection, copying, or photographing the following information, documents, and materials in the party's custody, control, or possession: (1) The names and last known addresses of each witness, telephone number and e-mail address of each individual likely to have discoverable information, along with the subjects of that information that forms the basis of the charge or defense or that the disclosing party may use to support its claims and defenses, unless the use would be solely for impeachment to the occurrence that forms the basis of the charge or defense;(2) Copies of any written statements made by any party or witness;(3) Transcriptions, recordings, and summaries of any oral statements of any party or witness, except the work product of counsel;(4) Any scientific or other reports that a party intends to introduce at the hearing or that pertain to physical evidence that a party intends to introduce;(5) Photographs and any physical evidence which a party intends to introduce at the hearing;(6) Except in delinquency and unruly child proceedings, other evidence favorable to the requesting party and relevant to the subject matter involved in the pending action. In delinquency and unruly child proceedings, the prosecuting attorney shall disclose to respondent's counsel all evidence, known or that may become known to the prosecuting attorney, favorable to the respondent and material either to guilt or punishment.(B) Order granting discovery: limitations; sanctions. If a request for discovery is refused, application may be made to the court for a written order granting the discovery. Motions for discovery shall certify that a request for discovery has been made and refused. An order granting discovery may make such discovery reciprocal for all parties to the proceeding, including the party requesting discovery. Notwithstanding the provisions of subdivision (A), the court may deny, in whole or part, or otherwise limit or set conditions on the discovery authorized by such subdivision, upon its own motion, or upon a showing by a party upon whom a request for discovery is made that granting discovery may jeopardize the safety of a party, witness, or confidential informant, result in the production of perjured testimony or evidence, endanger the existence of physical evidence, violate a privileged communication, or impede the criminal prosecution of a minor as an adult or of an adult charged with an offense arising from the same transaction or occurrence.(C) Failure to comply. If at any time during the course of the proceedings it is brought to the attention of the court that a person has failed to comply with an order issued pursuant to this rule, the court may grant a continuance, prohibit the person from introducing in evidence the material not disclosed, or enter such other order as it deems just under the circumstances.(D)Rights of alleged victims. 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, who has so requested, to be heard regarding objections to pretrial disclosure.Effective:7/1/1972; amended effective 7/1/1994; amended April 24, 2019, effective 7/1/2019; amended April 26, 2022, effective 7/1/2022.Proposed Staff Note (July 1, 2022)
Regarding these amendments, the court retains discretion to determine the manner in which discovery will be conducted, except as otherwise limited by statute or other controlling Rules of Procedure.