Ohio R. Superi. Ct. 44

As amended through March 13, 2024
Rule 44 - Court Records - Definitions

In addition to the applicability of these rules as described in Sup.R. 1, Sup.R. 44 through 47 apply to the Supreme Court.

As used in Sup. R. 44 through 47:

(A) "Actual cost" means the cost of depleted supplies; records storage media costs; actual mailing and alternative delivery costs, or other transmitting costs; and any direct equipment operating and maintenance costs, including actual costs paid to private contractors for copying services.
(B) "Court record" means both a case document and an administrative document, regardless of physical form or characteristic, manner of creation, or method of storage.
(C)
(1) "Case document" means a document and information in a document submitted to a court or filed with a clerk of court in a judicial action or proceeding, including exhibits, pleadings, motions, orders, and judgments, and any documentation prepared by the court or clerk in the judicial action or proceeding, such as journals, dockets, and indices, subject to the exclusions in division (C)(2) of this rule.
(2) The term "case document" does not include the following:
(a) A document or information in a document exempt from disclosure under state, federal, or the common law;
(b) Personal identifiers, as defined in division (H) of this rule;
(c) A document or information in a document to which public access has been restricted pursuant to Sup.R. 45(E);
(d) Except as relevant to the juvenile's prosecution later as an adult, a juvenile's previous disposition in abuse, neglect, and dependency cases, juvenile civil commitment files, post-adjudicatory residential treatment facility reports, and post-adjudicatory releases of a juvenile's social history;
(e) Notes, drafts, recommendations, advice, and research of judicial officers and court staff;
(f) Forms containing personal identifiers, as defined in division (H) of this rule, submitted or filed pursuant to Sup.R. 45(D)(2);
(g) Information on or obtained from the Ohio Courts Network, except that the information shall be available at the originating source if not otherwise exempt from public access;
(h) In a court of common pleas or a division thereof with domestic relations or juvenile jurisdiction, the following documents, including but not limited to those prepared pursuant to R.C. 2151.281, 3105.171(E)(3), and 3109.04 and Sup.R. 48:
(i) Health care documents, including but not limited to physical health, psychological health, psychiatric health, mental health, and counseling documents;
(ii) Drug and alcohol use assessments and pre-disposition treatment facility reports;
(iii) Guardian ad litem reports, including collateral source documents attached to or filed with the reports;
(iv) Home investigation reports, including collateral source documents attached to or filed with the reports; (v) Child custody evaluations and reports, including collateral source documents attached to or filed with the reports;
(vi) Domestic violence risk assessments;
(vii) Supervised parenting time or companionship or visitation records and reports, including exchange records and reports;
(viii) Financial disclosure statements regarding property, debt, taxes, income, and expenses, including collateral source documents attached to or filed with records and statements;
(ix) Asset appraisals and evaluations.
(D) "Case file" means the compendium of case documents in a judicial action or proceeding.
(E) "File" means to deposit a document with a clerk of court, upon the occurrence of which the clerk time or date stamps and dockets the document.
(F) "Submit" means to deliver a document to the custody of a court for consideration by the court.
(G)
(1) "Administrative document" means a document and information in a document created, received, or maintained by a court that serves to record the administrative, fiscal, personnel, or management functions, policies, decisions, procedures, operations, organization, or other activities of the court, subject to the exclusions in division (G)(2) of this rule.
(2) The term "administrative document" does not include the following:
(a) A document or information in a document exempt from disclosure under state, federal, or the common law, or as set forth in the Rules for the Government of the Bar;
(b) Personal identifiers, as defined in division (H) of this rule;
(c) A document or information in a document describing the type or level of security in a court facility, including a court security plan and a court security review conducted by a local court, the local court's designee, or the Supreme Court;
(d) An administrative or technical security record-keeping document or information;
(e) Test questions, scoring keys, and licensing, certification, or court-employment examination documents before the examination is administered or if the same examination is to be administered again;
(f) Computer programs, computer codes, computer filing systems, and other software owned by a court or entrusted to it;
(g) Information on or obtained from the Ohio Courts Network, except that the information shall be available at the originating source if not otherwise exempt from public access;
(h) Data feeds by and between courts when using the Ohio Courts Network.
(H) "Personal identifiers" means social security numbers, except for the last four digits; financial account numbers, including but not limited to debit card, charge card, and credit card numbers; employer and employee identification numbers; and a juvenile's name in an abuse, neglect, or dependency case, except for the juvenile's initials or a generic abbreviation such as "CV" for "child victim."
(I) "Public access" means both direct access and remote access.
(J) "Direct access" means the ability of any person to inspect and obtain a copy of a court record at all reasonable times during regular business hours at the place where the record is made available.
(K) "Remote access" means the ability of any person to electronically search, inspect, and copy a court record at a location other than the place where the record is made available.
(L) "Bulk distribution" means the distribution of a compilation of information from more than one court record.
(M)
(1) "New compilation" means a collection of information obtained through the selection, aggregation, or reformulation of information from more than one court record.
(2) The term "new compilation" does not include a collection of information produced by a computer system that is already programmed to provide the requested output.

Ohio. R. Superi. Ct. 44

Last amended effective 1/1/2016.