Zanesville, OH asked in Criminal Law for Ohio

Q: What does prosecutors designation of nondisclosure of evidence or for counsel only mean??

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1 Lawyer Answer
Patrick DiChiro
Patrick DiChiro
  • Criminal Law Lawyer
  • Independence, OH

A: This is a Designation allowed under Ohio Criminal Rule 16(C), which states as follows:

"(C) Prosecuting attorney’s designation of “counsel only” materials. The prosecuting attorney may designate any material subject to disclosure under this rule as “counsel only” by stamping a prominent notice on each page or thing so designated. “Counsel only” material also includes materials ordered disclosed under division (F) of this rule. Except as otherwise provided, “counsel only” material may not be shown to the defendant or any other person, but may be disclosed only to defense counsel, or the agents or employees of defense counsel, and may not otherwise be reproduced, copied or disseminated in any way. Defense counsel may orally communicate the content of the “counsel only” material to the defendant."

So the information may be orally communicated to you, but may not be copied and given to you. That is all it means.

Best wishes,

Patrick DiChiro

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