1. Ohio Public Domain CiteBy
Sue Altmeyer
For Prof. Mika’s Legal Writing Class
Mar. 23 and 25, 2009

2. Cleveland Marshall’s Ohio Legal Research Guide
See sections re. Ohio Official Reports, Reported v. Unreported Cases, Web Cite

3. Before May 2002
The weight accorded to reported vs. unreported opinions was different
Reported opinions are those published in print Official Reporters

4. What are Ohio Official Reports?
Ohio State Reports, also 2d & 3d series – All Ohio Supreme Court Cases
Ohio Appellate Reports, also 2d & 3d – Selected Appellate Cases
Ohio Miscellaneous Reports, also 2d series  - Selected Trial court cases –

5. Before May 1, 2002 Published Opinions:
controlling authority in the district
Always can cite
– persuasive to other districts
Rules for the Reporting of Opinions, Rule 4

6. Unpublished opinions – before May 2002
Controlling only as to the parties.
Can only be cited
As authority between parties
In the district it was rendered, persuasive only
By appellate court of another district to certify question to Ohio Supreme Court
Rules for the Reporting of Opinions, Rule 4

7. Rationale for Old Rule
In the past, impossible to physically print all appellate decisions
-Computerized legal research not accessible to all, although more accessible over time

8. Changes as of May 1, 2002
Distinctions between, “controlling” and “persuasive” opinions based merely upon whether published abolished.
Rules for the Reporting of Opinions, Rule 4

9. Changes as of May 1, 2002
Court of appeals opinions issued after May 1, 2002 may be cited as legal authority and weighted as deemed appropriate by the courts.
Rules for the Reporting of Opinions, Rule 4

10. Rationale for New Rule
many appellate judges give equal weight to published and unpublished opinions
technology now permits all appellate opinions to be easily and readily obtained electronically.
See commentary to Rule 4

11. All Opinions post 5/2002 Controlling in the District?
Maybe yes …..
comments to Rule 4 "The Committee recognized the concern that with the designations abolished, and all appellate opinions are "controlling," there is some burden on the practitioner …”
All opinions are published on the web

12. All Opinions post 5/2002 Controlling in the District?
Maybe no ….
Rule 4: "All court of appeals opinions issued after the effective date of these rules may be cited as legal authority and weighted as deemed appropriate by the courts. "

13. Another Rule Change as of May 1, 2002
Ohio Supreme Court posted to its website:
all Ohio Supreme Court cases
all appellate court cases and
trial court opinions reported in Ohio Miscellaneous reports.
See Rules for the Reporting of Opinions, Rule 9, 10 .

14. Web Cite Cases posted assigned a "web cite“ = "public domain cite"
2002-Ohio-2220
first number =year case decided
last number = unique number for that case.

17. Citation format
Cases decided after May 1, 2002 must use web cite, and Official Reporter cite. Revisions to Manual of Citations, Bluebook p. 226
Bonacorsi v. Wheeling & Lake Erie Ry. Co., 95 Ohio St.3d 314, 2002-Ohio-2220, 767 N.E.2d 707
Brown v. McClain Constr. Co., 3d Dist. No , 2002-Ohio-2834

18. Citation format Web cite not available, and case is reported:
Mers v. Dispatch Printing Co. (1985), 19 Ohio St.3d 100, 483 N.E.2d 150.

19. Citation Format Web cite not available and case not published :
Jones v. Brown (Apr. 4, 1998), 8th Dist. No , or Jones v. Brown (Apr. 4, 1998), Cuyahoga App. No

22. Finding Cases with the Web Cite
Ohio Supreme Court’s webpage – must type in dashes Ohio-5743
Lexis and Westlaw recognize
Casemaker & Fastcase recognize

23. Finding older unreporteds
Lexis and Westlaw – back to late 70s
Casemaker – back to 1981
Fastcase – starts 2000
Court websites – vary by court, approx mid 1990s

24. Public Domain Cites in Other States?
Current List on ABA Technology Resource Center
Neutral Citation, Court Web Sites and Access to Authoritative Case Law, Peter W. Martin, Law Library Journal, Spring 2007.