Criminal Rule 16(K) & Avoiding the Hammer of Boaston Exclusion
Adopted in 2010, Criminal Rule 16(K) mandates that the parties disclose their expert-witness reports at least 21 days before trial. If the 21-day rule is violated, the remedy at trial is exclusion to the extent there was non-compliance, a mandatory remedy reinforced and emphasized by the Ohio Supreme Court when it addressed the rule in State v. Boaston, 160 Ohio St.3d 46, 2020-Ohio-1061.
Using Boaston as a jumping-off point, OPAA’s Steve Taylor will review the operation of the rule and explore the importance of engaging in trial preparation with the expert before the 21-day deadline. Using the expected direct examination of the expert as a guideline, the presentation will address how to fix a conclusory or incomplete report and how a pretrial continuance can (and should) cure a potential violation of the 21-day rule for an upcoming trial date.
In 1983, Steven L. Taylor received a B.A. degree in History from the University of Michigan. In 1986, he received a J.D. degree from the Ohio State University. He is a former law clerk for the Ohio Court of Appeals, Tenth Appellate District, and for Chief Justice Thomas J. Moyer of the Ohio Supreme Court.
Steve served for many years as an Assistant Prosecuting Attorney and then as Chief Counsel of the Appellate Division of the Franklin County Prosecutor’s Office. Since 2009, he has served as the editor of the monthly Ohio Prosecuting Attorneys Association Case Digest and is now the Legal Research and Staff Counsel for the Association.