Ohio R. Superi. Ct. 43
Ohio. R. Superi. Ct. 43
Commentary (July 1, 1997)
Rule 43 is analogous to former M.C. Sup. R. 12(E).
Rule 43(A) Method.
This division provides the basis for the case numbering system to be used by all courts to which these rules are applicable. The rule states the following minimum requirements:
(a) All cases must be categorized as civil, criminal, or traffic;
(b) All cases must be serially numbered within one of the three categories listed above on an annual basis;
(c) All cases must be identified by year;
(d) All cases must be identified with the appropriate alphabetic case type designator from the Administrative Judge Report.
The civil case category is used for Personal Injury and Property Damage cases, Contracts cases, F.E.D. cases, Other Civil cases and Small Claims cases. The criminal case category is used for Felony cases and non-traffic Misdemeanor cases. The traffic case category is used for O.M.V.I. cases and for all Other Traffic cases. Definitions of these case types are contained in the comment concerning preparation of the Administrative Judge Report.
The numbering system can be explained by example. If the first case filed in 2000 is a felony, its case number would be 00-CR-A-00001. The "00" is the year reference. The "CR" is the criminal case category reference. The "A" is the reference to the case type column on the Administrative Judge Report. The "00001" is the serial number for 2000 within the criminal case category. If the second case filed is a non-traffic misdemeanor, it would be numbered 00 -CR-B-00002. If the third case filed is a driving under the influence case, it would be numbered 00 -TR-C-00001.
(Note that this is the first serial number for 2000 in the traffic category.) If the fourth case filed is an Other Traffic case, it would be numbered 00 -TR-D-00002. If the fifth case filed is a Personal Injury or Property Damage case, it would be numbered 00 -CV-E-00001.
There are certain circumstances in which a case has been reported in one column on the Administrative Judge Report and the need subsequently arises for the case to be moved to another column.
Since the case designation on the Administrative Judge Report corresponds to the alphabetic designator segment of the case number, the alphabetic designator in the case number must be changed to reflect the change made on the Administrative Judge Report. This is the only segment of the case number which should ever be altered once a number is assigned. The combination of the year, category, and serial number form a unique number to identify a particular case. No matter what the alphabetic designator is, there should never be more than one case which has the same combination of year, category, and serial number. Thus, the alteration of the alphabetic designator segment cannot effect the uniqueness of the number.
The changes in the report and case number can be illustrated by the following example: Assume that a Small Claims case is filed. It is assigned the number 00-CV-I-00006. It is reported as filed on the Administrative Judge Report and is shown as pending at the end of the report period. After the close of the report period the defendant files a counterclaim on a contract which exceeds the jurisdiction of the small claims division. The following action would be taken pursuant to the case numbering rule and the monthly report form requirements:
(a) The case would be listed as terminated by transfer on line 7 of Column I, Administrative Judge Report;
(b) The case would be shown as transferred in on line 3 of Column F, Administrative Judge Report;
(c) The case number would be changed from 00-CV-I-00006 to 00-CV-F-00006;
(d) The case would be shown as terminated by transfer to an individual judge on line 7, Column F, Administrative Judge Report; and,
(e) The case would be shown as a new case filed on line 2, Column F, Individual Judge Report.
The last sentence of Rule 43(A) provides that courts may add additional identifiers to suit their needs. For example, an identifier for the judge to whom the case is assigned, or an identifier for the degree of misdemeanor charged, may be added.
Rule 43(B) Multiple defendants or charges in criminal cases.
Under division (B), each criminal defendant is assigned at least one case number.
Multiple defendants charged with the same offense arising out of the same act or transaction or series of acts or transactions receive separate case numbers. Where there are multiple defendants, they may be charged in a single complaint or each may be charged by separate complaints. In any event, each defendant is assigned a separate case number and a copy of the complaint is placed in the defendant's file.
Where one defendant is charged with more than one offense arising from the same act or transaction or series of acts or transactions, the defendant will be assigned separate case numbers pursuant to Rule 37(A)(4)(c). If the offenses charged fall in more than one category, e.g., both criminal and traffic, the case number assigned will correspond to the category. If the offenses charged fall into one category, e.g., traffic, but could be listed in more than one column on the Administrative Judge Report, then the case number assigned will be that of the offense which has the greatest potential penalty. For example, a defendant charged with O.M.V.I. and with a traffic offense other than O.M.V.I. would be assigned the case number of the offense having the greatest potential penalty.
Where a defendant is charged with more than one offense arising out of the same act or transaction or series of acts or transactions and one or more but not all of the offenses charged are felonies, case numbers for each offense type are assigned. One number is for the felony or felonies, and the other numbers are for each of the non-felony offense types. For example, a multi-count indictment that includes two felonies, two misdemeanors, and two traffic offenses would result in the assignment of three case numbers. In determining what number to assign to the non-felony offenses, the normal rule described above in this Comment is applied.
The criminal case numbering rule is illustrated by the following example. Assume that a defendant is charged with aggravated assault under section 2903.12(A)(2) of the Revised Code, disorderly conduct under section 2917.11(B)(2) of the Revised Code, menacing under section 2903.22(A) of the Revised Code, and driving under the influence of alcohol under section 4511.19 of the Revised Code. Three case numbers are assigned to this defendant as follows:
00-CR-A-00895.
Charge: Aggravated assault, R.C. 2903.12(A)(2)
00-CR-B-000896.
Charge: Disorderly conduct, R.C. 2917.11(B)(2),
Menacing, R.C. 2903.22(A)
00-TR-C-001334.
Charges: Operating a motor vehicle under the influence of alcohol, R.C. 4511.19
The first case number is for the offense of aggravated assault, which is a felony. The rule states that a felony charged against a defendant will always receive a case number separate from any non-felony offenses charged which occur from the same act or transaction or series of acts or transactions. The "CR" indicates that the case is in the criminal category and the "A" indicates that the case is reported in the Felonies column of the Administrative judge Report.
The second case number is for all the other criminal offenses. The third case number is for all the traffic offenses. The case number assigned is determined by comparing the potential penalties for the offenses charged. The case number is assigned based upon the offenses charged. In the example given, the offenses are as follows:
Driving under the influence of alcohol - imprisonment for six months. R.C. 2929.21(B)(1)
Disorderly conduct - fine of not more than $100. R.C. 22929.21(D) Menacing - imprisonment for thirty days. R.C. 2929.21(B)(4)
In the example, the case number assigned is 00-TRC-001334 and 00-CR-B-000896. The "TR" represents the Traffic category and the "C" represents the O.M.V.I. column on the Administrative Judge Report. The "CR" represents the Criminal category and the "B" represents the misdemeanor column on the Administrative Judge Report. Regardless of the number of offenses, there will never be more than three case numbers for a defendant stemming from one incident.
Rule 43(B) is designed to make the case numbering system consistent with the reporting requirements established by Rule 37(A)(3). If this rule is utilized properly, less bookkeeping will be needed to complete the review of pending cases required by Rule 40, and the record keeping necessary under the individual assignment system will be simplified.