Rule 57

COMMENT: Criminal Rule 57 is presented here because it is important to know that if the traffic rules do not prescribe a court procedure, then the criminal and civil rules may be used for the procedure desired. See Traffic Rule 20.

Ohio Crim. R. 57 (2011)

Rule 57. Rule of court; procedure not otherwise specified

(A) Rule of court.

(1) The expression "rule of court" as used in these rules means a rule promulgated by the Supreme Court or a rule concerning local practice adopted by another court that is not inconsistent with the rules promulgated by the Supreme Court and is filed with the Supreme Court.

(2) Local rules shall be adopted only after the court gives appropriate notice and an opportunity for comment. If the court determines that there is an immediate need for a rule, the court may adopt the rule without prior notice and opportunity for comment, but promptly shall afford notice and opportunity for comment.

(B) Procedure not otherwise specified.

If no procedure is specifically prescribed by rule, the court may proceed in any lawful manner not inconsistent with these rules of criminal procedure, and shall look to the rules of civil procedure and to the applicable law if no rule of criminal procedure exists.

HISTORY: Amended, eff 7-1-94.