Ohio R. Superi. Ct. 38

As amended through October 29, 2024

Rule 38 - Annual Case Inventory; New Judge Inventory

(A)Definitions

As used in this rule:

(1) "Case inventory" means the review of the physical or electronic case files, as applicable, to ensure an accurate count and to evaluate the accuracy of the court's case management practice.

(2) "Case file" means the compendium of documents and information in documents submitted to a court or filed with a clerk of court in a judicial action or proceeding.

(B)Requirement

Within three months of the date of a judge taking office to the court of appeals, court of common pleas, municipal court, or county court and thereafter annually on or before October 1st, the judge shall be responsible for the completion of a case inventory of all cases reported as pending on the applicable statistical report forms filed by the judge in accordance with the instructions prescribed by the Case Management Section of the Supreme Court. If determined necessary by the judge, the judge may include in the case inventory all cases reported as closed or inactive on the applicable statistical report forms filed by the judge.

(C)Documentation of inventory

A judge shall document completion of a case inventory performed pursuant to division (B) of this rule in the appropriate space on the applicable statistical report forms.

(D)Reporting of discrepancies

A judge shall report corrections of discrepancies found during a case inventory performed pursuant to division (B) of this rule on the next statistical report form filed after the inventory is completed.

Ohio. R. Superi. Ct. 38

Amended effective 1/1/2017.

Link to INSTRUCTIONS FOR COMPLETION OF CASE INVENTORY

Commentary (July 1, 1997)

Rule 38 is identical to the provisions of former C.A. Sup. R. 2(E), C.P. Sup. R. 5(E), and M.C. Sup. R. 12(E), except that the date by which the inventory must be completed is changed from September 1 to October 1.

Each judge is required annually to physically verify the case statistics he or she is reporting. Additionally, a judge recently appointed or elected is required to conduct a physical inventory within three months of taking office.

A physical inventory involves actually reviewing case files to ensure an accurate count of pending cases. A judge decides whether physically checking closed or inactive cases is necessary; however, pending cases must be reviewed.

A computer-generated list of pending cases or other case lists may be used to begin the process of verifying pending cases; however, a physical review of case files must be conducted.

Documentation of the physical inventory will require reporting the date of the most recent physical inventory in the box provided on the statistical report forms.

For discussion on how to make corrections necessary as a result of a physical inventory, refer to the instructions for the preparation of the report forms.

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