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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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