Current Local Rules and Docketing Statement
2012 Amendments to the Local Rules and Docketing Statement
On July 20, 2012, the Court adopted amendments to the Local Rules to comply with recent changes to the Ohio Rules of Appellate Procedure and to eliminate redundant language. Non-substantive format changes were also made to make the Rules easier to read. The substantive changes include:
Local Rule 5 – The Record on Appeal – deleted language from Local Rule 5(A) that is no longer necessary in light of the amendments to App.R. 9 and deleted language from Local Rule 5(B), defining when the record is deemed complete, because this language tracks the general appellate rule and is redundant.
Local Rule 6 – Transcripts of Proceedings – minor changes to update the Local Rule because of Amendments to App.R. 9. The Docketing Statement has also been updated.
Local Rule 7 – The Brief – minor change to indicate that a party may include “ORAL ARGUMENT REQUESTED” on the cover of the brief if the party requests oral argument, pursuant to App.R. 21 and Loc.R. 8.
Local Rule 8 – Oral Argument – changes the way a party may request oral argument, as required by App.R. 21. As a result of this change, Appendix C (Form – Request for Oral Argument) was deleted from the Local Rules.
Local Rule 14 – Admission Pro Hac Vice – this Rule was rewritten because of recent amendments to the Rules for the Government of the Bar.
The following links are to prior versions of the Local Rules and Docketing Statements. They are provided for reference only.
Local Rules and Docketing Statement - Effective March 16, 2011
Amendments to Local Rules - effective March 16, 2011
Local Rules and Docketing Statement - Effective January 1, 2010
The Court adopted changes to the Local Rules, effective January 1, 2010. Pursuant to Local Rule 13, the new Local Rules govern all proceedings brought after the January 1, 2010, effective date. The new Local Rules also apply to all pending proceedings, except to the extent that their application would not be feasible or would work an injustice.
There are several key changes to the Local Rules. The following overview does not encompass all of the amendments; it is intended to highlight several of the significant changes.
Local Rule 4, governing motions to stay and bonds, provides a more detailed procedure than the prior version of the Local Rule for parties to follow when they file a motion to stay or seek a bond or bond reduction. This Rule applies to pending and new proceedings.
Local Rule 7 includes a number of significant changes. There are references to a newly-adopted Appendix to provide brief-writers with guidance from the Court about what the Court would like to see in briefs. Much of the material in the appendix was originally suggested as modifications to the previous Local Rule, but, after reviewing public comment, the Court decided to include the information in an appendix to assist practitioners as they prepare their briefs.
Another significant change to Local Rule 7 is the elimination of many documents that were formerly required to be included in the appendix to a brief. A brief's appendix should no longer include copies of cases, rules, statutes, or constitutional provisions.
One other important change to Local Rule 7 is to the word count provision for determining the length of a brief. Local Rule 7(E) allows a brief to either meet a page limit or, in the alternative, a word count limit. Under the word count provision, the brief must be prepared in at least 14 point font. The original word count provision resulted in briefs that were substantially longer than an equivalent 30-page brief. Accordingly, the Court reduced the word count limits to 9,000 words for a brief in chief and 3,000 words for an appellant's reply brief. Local Rule 7 applies to all pending and new appeals, except to the extent that application of the new Rule would not be feasible.
Local Rule 8 sets out the Court's oral argument procedure. According to the previous Local Rule, every case was set for oral argument, regardless of whether the parties wanted to present oral argument. Many attorneys and parties waived oral argument, resulting in gaps in the oral argument schedule. This resulted in last-minute requests to attorneys to change their oral argument time and reserving courtrooms for much longer than necessary.
The newly-adopted Local Rule 8 allows parties to decide whether they want to present oral argument. Parties that want to present oral argument may request it by filing a written request, either using their own pleading or the form the Court supplied in the Appendix to the Local Rules. Parties that do not want to present oral argument need not file anything, and the Court will consider the case on the briefs. The Court will continue to hear oral arguments; only the process for setting cases has changed. Finally, the new Rule, unlike the former Rule, contains a provision for the Court to sua sponte set a case for oral argument, even if the parties have not requested it. Local Rule 8 will apply to all appeals filed after January 1, 2010.
The Court updated its mediation rule, Local Rule 16, to reflect changes to Ohio law because of Ohio's adoption of the Uniform Mediation Act. This Rule applies to all pending and new cases.
Local Rules and Docketing Statement effective January 1, 2008 through December 31, 2009
Local Rules and Docketing Statements effective through December 31, 2007
Local Rules - PRIOR VERSION
Docketing Statement - PRIOR VERSION