Ohio Sup.R. 11.09

In addition to the applicability of these rules as described in Sup.R. 1.00 through 1.04, Sup.R.

11.09 through 11.16 apply to the Supreme Court.

As used in Sup.R.11.09 through 11.16:

(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. 11.14;

(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.

11.13(B);

(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. 8.00:

(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.