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March 15, 2013 –
Court News Ohio Story about the Ninth District Court of Appeals
Court News Ohio, a service of the
Ohio Supreme Court, ran a story about the Ninth District
Court of Appeals. The story notes that the Ninth District is the
first appellate court in the state to have an all-female bench.
You can read the story and watch the video by clicking
on the picture.
December 28, 2012 –
New Presiding and Administrative
Judges
The Court selected Judge Carla Moore to
serve as the Presiding Judge for 2013. Judge Eve Belfance will
serve as Administrative Judge in 2013.
July 25, 2012 –
Judge Dickinson co-authors Ohio Trial
Practice Handbook
Judge Clair Dickinson joined Judge
Richard Markus as a co-author on the new edition of "Ohio Trial
Practice." The handbook provides Ohio's lawyers and judges with
principles of Ohio trial law. The handbook covers both procedural
and substantive issues. Judge Dickinson and Judge Markus are
already working on update for next year. More information is
available from Court News Ohio
here.
July 20, 2012 –
Updates to the Local Rules
Today, the Court adopted the proposed
amendments to the Local Rules for the Ninth District Court of Appeals.
As noted earlier, the amendments update the
Local Rules to comply with recent changes to the Ohio Rules of Appellate
Procedure and to eliminate redundant language.
The most significant changes are to Local Rule 8 and
Local Rule 14. The amendments to Local Rule 8 follow the amendment
of App.R. 21 by providing that a party may request oral argument by
indicating “ORAL ARGUMENT REQUESTED”
on the cover of the brief-in-chief if the party wants to present oral
argument. The amendments to Local Rule 14 recognize the Supreme
Court's amendment of Gov.Bar R. II to establish a procedure for pro hac
vice status.
There were non-substantive changes made to the format
of the Local Rules to make them easier to read.
July 2, 2012 –
Updates to Ohio Rules of Appellate
Procedure
The Ohio Supreme Court
announced today that has adopted amendments to a number of rules,
including the Ohio Rules of Appellate Procedure. The Court's list
of amendments (available
here as a Word document) provides an
overview of the changes to all of the rules - the summary of the changes
to the Appellate Rules follows:
App.R. 4
The amendment to App.R. 4 adds a reference to
objections to a magistrate’s decision under Crim.R. 19 identical to
provisions in App.R. 4(B)(2) for civil cases and juvenile cases.
Additional time for the notice of appeal, where objections to a
magistrate’s decision are pending, should be uniform for all appeals.
App.R. 10
Amendments to App.R. 10(B) clarify language to
distinguish between the time when the record is complete and the time
when the record is transmitted. The amendments also provide that the
record is not complete, even after the time for preparing the record has
expired if there is a pending motion to extend that time.
App.R. 13 and 14
The amendments to App.R.13 and App.R. 14
promote consistency with the 2012 amendments to the Ohio Rules of Civil
Procedure. The amendments will allow service by electronic means and use
of commercial carrier services. The amendments also extend the
"three-day rule" to other service methods, e.g., commercial carrier
services that do not provide same-day delivery to the recipient.
App.R. 16
The amendment to App.R. 16 revises division
(E) of the rule to require attachment of only those authorities that are
not available electronically. The materials in question are usually
available electronically, and courts and most practitioners have easy
access to the electronic versions. The unnecessary attachments are
burdensome on both counsel and the court. [The Ninth District Local
Rules further limits what may be attached to a brief.]
App.R. 21
The Commission on the Rules of Superintendence
has requested that the Commission on the Rules of Practice and Procedure
consider moving several rules currently in the Rules of Superintendence
to the Rules of Practice and Procedure. This request comes as a product
of an ongoing process of reorganizing the Rules of Superintendence. The
amendment to App.R. 21 moves the requirement of identifying oral
argument panels two weeks in advance currently in Sup.R. 36.1 to the
Ohio Rules of Appellate Procedure.
App.R. 26
The amendment to App.R. 26 deletes language
regarding sua sponte en banc consideration. The previous rule required
the order designating the case for en banc consideration to vacate the
original panel decision in order to stop the running of the time to
appeal to the Supreme Court. The Court, however, amended S.Ct.Prac.R.
2.2 to toll the time for appeal to this Court during the pendency of a
sua sponte en banc consideration. Therefore, the language in App.R. 26
is no longer necessary.
April 19, 2012 –
Pro Se Guide Now Available
The Court has
prepared a new Guide for litigants who appear pro se in the Court.
Over the last few years, there has been an increase in the number of
cases with at least one pro se party. To assist everybody with a
case in this Court, this Guide provides an overview of the appellate
process and includes forms that parties will need to use in their
appeals.
The Pro Se Guide is available
here.
April 5, 2012 –
Proposed Amendments to the Local Rules
The Court has proposed amendments to the
Local Rules. You can see the proposed changes by clicking
here (the link opens a PDF
document). Text that appears underlined will be added to the Rules
and text that appears with a strikethrough will be
deleted from the Rules.
The proposed changes will update the
Local Rules to comply with recent changes to the Ohio Rules of Appellate
Procedure and to eliminate redundant language.
The most significant changes are to Local Rule 8 and
Local Rule 14. The amendments to Local Rule 8 follow the amendment
of App.R. 21 by providing that a party may request oral argument by
indicating “ORAL ARGUMENT REQUESTED”
on the cover of the brief-in-chief if the party wants to present oral
argument. The amendments to Local Rule 14 recognize the Supreme
Court's amendment of Gov.Bar R. II to establish a procedure for pro hac
vice status.
The Court is interested in receiving
feedback about the proposed amendments. You can email comments no
later than April 27, 2012, to
comments@ninth.courts.state.oh.us.
February 2, 2012 –
Another New Affidavit of Indigence Form
The Office of the Ohio Public Defender
has announced that it will require the use of a newly revised affidavit of indigency
form for all appointments made after April 1, 2012. You can find
more information on the Ohio Public
Defender's website. The new form is available
here.
This updated form replaces the August 2011 update that became effective on
January 1, 2012.
January 2012 –
New Writing Manual
The Ohio Supreme Court adopted a new
Writing Manual. The Manual includes three sections - citation,
style, and judicial opinion writing (full disclosure - I served on the
Committee that drafted the Manual).
The Manual is only binding on the Ohio
Supreme Court. According to the Preface, the Court hopes that all
Ohio courts and attorneys will find it helpful in brief and opinion
writing.
You can find the Manual
here.
I am sure you will find it to be a helpful resource to answer citation and
style questions.
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