DeRolph v. State

We have ordered the parties to “file any evidence they intend to present” to this court “as early as practicable but no later than June 15, 2001.” DeRolph v. State (2001), 91 Ohio St.3d 1225, 741 N.E.2d 533. We further ordered the parties to simultaneously file their merit briefs on June 18, 2001. Id. We have set oral argument on the merits for June 20, 2001. Id.

In cross-motions now before us the parties disagree as to whether discovery mechanisms, such as depositions and written interrogatories, are available to them as they work towards satisfying the order of this court. The state contends…