OH · rules
Ohio Crim.R. 12.2
Notice of Self-Defense
Whenever a defendant in a criminal case proposes to offer evidence or argue self-defense, defense
of another, or defense of that person’s residence, the defendant shall, not less than thirty days
before trial in a felony case and fourteen days before trial in a misdemeanor case, give notice in
writing of such intent. The notice shall include specific information as to any prior incidents or
circumstances upon which defendant intends to offer evidence related to conduct of the alleged
victim, and the names and addresses of any witnesses defendant may call at trial to offer testimony
related to the defense. If the defendant fails to file such written notice, the court may exclude
evidence offered by the defendant related to the defense, unless the court determines that in the
interest of justice such evidence should be admitted.
History
Effective Date: July 1, 2022 Staff Note (July 1, 2022 Amendment) In 2019, the General Assembly amended R.C. 2901.05(B)(1) to shift the burden of proof in a self - defense case from the defendant to the prosecution. If there is evidence presented by the defense that tends to support that the defendant acted in self-defense, defense of another, or defense of the person’s residence, the prosecution must prove beyond a reasonable doubt that the defendant did not act in self - defense. This rule was added in response to that change in the law.
Provenance
- Source
- supremecourt.ohio.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
18828dd89493d2143a93e83912de634437b45eab9b422cd73490d166a590caa0
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