Ohio Juv. R. 25

As amended through October 15, 2024

Rule 25 - Depositions

(A) Depositions in the following matters shall be governed by the Rules of Civil Procedure:

(1) Those taken in parentage actions and original actions to determine custody or the allocation of parental rights and responsibilities to which the State of Ohio is not a party;

(2) Those taken in any post-dispositional matters to which neither the State of Ohio nor any public child protective services agency is a party.

(B) Depositions shall only be taken with leave of court in delinquency, unruly, juvenile traffic offender, abuse, neglect, and dependency actions and all other juvenile court proceedings not specified in division (A). Except as provided in division (A)(2), depositions taken under this division shall only be taken to preserve testimony when it appears probable that a prospective witness will be unable to attend or will be prevented from attending a hearing, and if it further appears that the testimony is material and that it is necessary to take the deposition in order to prevent a miscarriage of justice. Depositions taken under this division shall be taken upon such terms and conditions and in such manner as the court may fix.

Ohio. Juv. R. 25

Effective:7/1/1972;7/1/2009.

Staff Notes (July 1, 2009 Amendments)

Juvenile Rule 25 governs depositions taken in juvenile court actions. The amendments clarify that depositions in delinquency, unruly, traffic offender, abuse, neglect and dependency actions may be taken only to preserve the testimony of unavailable witnesses. The decision to allow depositions to preserve testimony is left to the discretion of the court.

In paternity actions and privately-filed actions for custody or the allocation of parental rights and responsibilities, depositions are governed by the Civil Rules. This will ensure uniformity with the manner by which depositions in these actions that are filed in domestic relations courts are governed.

If the State of Ohio is no longer a party in post-dispositional litigation that is filed in a delinquency, unruly, traffic offender, abuse, neglect or dependency action, depositions in such litigation are governed by the Civil Rules. For purposes of this rule, the State of Ohio shall not be deemed to be a party to a post-dispositional action simply because a child support enforcement agency participates in such action.