Ohio Crim.R. 42

(A) Definitions

As used in this rule:

(1) “Capital cases” means all cases in which an indictment or count in an

indictment charges the defendant with aggravated murder and contains one

or more specifications of aggravating circumstances listed in R.C.

2929.03(A).

(2) “Post-conviction review of a capital case” means any post-conviction

proceedings reviewing the conviction or sentence in any case in which the

death penalty has been imposed, other than direct appeal to the Supreme

Court of Ohio.

(B) General

(1) This rule shall apply to all capital cases and post-conviction review of a capital

case.

(2) The clerk shall accept for filing, and the court shall rule on, any properly presented

motion.

(3) In all proceedings involving a post-conviction review of a capital case, both of the

following shall apply:

(a) The court shall state specifically why each claim was either denied

or granted;

(b) There shall be no page limitations or word count limitations for the

petition filed with the common pleas court.

(C) Access file material

In a capital case and post-conviction review of a capital case, the prosecuting attorney and

the defense attorney shall, upon request, be given full and complete access to all

documents, statements, writings, photographs, recordings, evidence, reports, or any other

file material in possession of the state related to the case, provided materials not subject to

disclosure pursuant to Crim.R 16(J) shall not be subject to disclosure under this rule.

(D) Pretrial and post-trial conferences

In a capital case and post-conviction review of a capital case, the trial court shall conduct

all pretrial and post-trial conferences on the record.

(E) Experts

(1) The trial court is the appropriate authority for the appointment of experts for

indigent defendants in all capital cases and in post-conviction review of a capital

case.

(2) All decisions pertaining to the appointment of experts shall be made on the record

at a pretrial conference. Upon request by defense counsel, the demand for the

appointment of an expert shall be made in camera and ex parte, and the order

concerning the appointment shall be under seal.

(3) Upon establishing counsels’ respective compliance with discovery obligations, the

trial court shall decide the issue of appointment of experts, including projected

expert fees, the amount of time to be applied to the case, and incremental fees as

the case progresses. The trial court shall make written findings as to the basis of

any denial.

(4) The appeal of an order regarding appointment of experts shall be governed by

App.R. 11.1.