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.