Barton v. Shupe

In his motion for summary judgment, respondent argues that the report sought is a trial preparation record under the exceptions contained in R.C. 149.43(A) and therefore not a public record. We disagree. R.C. 149.43 provides in part:

“(A) As used in this section:

“(1) ‘Public record’ means any record that is kept by any public office, including * * * [a] city * * * except * * * trial preparation records * * *. <<* * *

“(4) ‘Trial preparation record’ means any record that contains information that is specifically compiled in reasonable anticipation of, or in defense of, a civil or criminal action…