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Home/State Laws/Ohio

Ohio Mock Trial Rules

Midwest

OH · Capital: Columbus

Evidence Rules

Ohio Rules of Evidence

Citation: Ohio R. Evid.

Key Differences from Federal Rules of Evidence

  • Ohio follows the Daubert standard for expert testimony under Ohio R. Evid. 702 as confirmed in Miller v. Bike Athletic Co. (1998)
  • Ohio R. Evid. 101(C) defines certain rules as applicable only in criminal cases (e.g., Rule 404 notice requirements), creating a split procedure between civil and criminal trials
  • Ohio R. Evid. 616 codifies bias impeachment as a separate rule, unlike the FRE which treats it as part of Rules 607-613

Notable Rules

RuleDescription
Ohio R. Evid. 702Expert testimony must be based on reliable scientific, technical, or specialized knowledge; Daubert reliability factors apply
Ohio R. Evid. 616Unique codified rule permitting impeachment by demonstrating bias, prejudice, interest, or motive to misrepresent—separate from general impeachment rules
Ohio R. Evid. 807Child victim hearsay exception allows out-of-court statements by children under 12 describing sexual abuse if reliability criteria are met

Trial Procedure

Civil Procedure

Ohio Rules of Civil Procedure (Ohio Civ. R.)

Criminal Procedure

Ohio Rules of Criminal Procedure (Ohio Crim. R.)

Key Features

  • Ohio Court of Common Pleas serves as the general trial court in each of Ohio's 88 counties
  • Ohio uses a notice-pleading system with liberal amendment rules under Ohio Civ. R. 15
  • Attorney-conducted voir dire is the standard practice; courts set time limits but allow broad questioning

Jury Rules

8

Civil Jury Size

12

Criminal Jury Size

No

Unanimity Required

  • Civil juries consist of 8 jurors; verdict requires agreement of three-fourths (6 of 8)
  • Criminal felony juries require 12 jurors with unanimous verdict
  • Minor misdemeanor cases in municipal or county courts may be tried with fewer jurors

Special Features

Codified Bias Impeachment (Rule 616)

Ohio is one of the few states to codify bias impeachment as a standalone evidence rule, providing explicit authority for showing witness bias, interest, or prejudice

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Other Midwest States

IL — IllinoisIN — IndianaIA — IowaKS — KansasMI — MichiganMN — MinnesotaMO — MissouriNE — NebraskaND — North DakotaSD — South DakotaWI — Wisconsin
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