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Local Rules Effective February 1, 2017

2017 Local Rules - Microsoft Word version        2017 Local Rules - PDF Version

2017 Docketing Statement - Microsoft Word version        2017 Docketing Statement - PDF version

 

Proposed Amendments to the Local Rules

The Ninth District Court of Appeals is accepting public comments on proposed amendments to the Court's Local Rules until January 18, 2021.  Comments to the proposed amendments should be submitted in writing to localrules@ninth.courts.state.oh.us.

Proposed Local Rule 41.3 is adopted effective January 1, 2021, pursuant to Sup.R. 5, subject to public comment. This provision realigns the Court’s Presiding Judge and Administrative Judge roles to be consistent with Sup.R. 3.01 and 4.01 (describing the powers and duties of the Presiding Judge and Administrative Judge).

You can read additional information about the proposed amendments, including the renumbering of the Local Rules to follow the format of the Ohio Rules of Appellate Procedure, by clicking on Proposed Amendments and Additional Information.

 

Summary of Proposed Changes

There is one significant overall change in the proposed amendments to the Local Rules.  The Local Rules will be renumbered to follow the numbering scheme used in the Ohio Rules of Appellate Procedure.  There are also several proposed changes of note.

Local Rule 3 - adopts the Court's current practice in appeals from multiple trial court judgments.

Local Rule 7 and 8 - separates the Court's former local rule regarding stays and bond into civil (Local Rule 7) and criminal (Local Rule 8), consistent with the Ohio Rules of Appellate Procedure.

Local Rule 9 - adopts a new requirement for a court reporter to indicate that no exhibits were identified in lieu of an index of exhibits, if no exhibits were identified or otherwise referred to in the transcribed proceedings.

Local Rule 10 - deletes the language that authorizes a clerk of court to permit a party or counsel to remove a transcript of proceedings from the record on appeal.

Local Rule 13 - authorizes the use of the clerk of court's electronic filing system to complete service.

Local Rule 16 - adds a requirement that a brief be signed and clarifies that appellee's brief does not need to include appendix materials that are attached to appellant's brief.

Local Rule 17 - adopts format requirements for an amicus brief.

Local Rule 18 - clarifies that if a clerk of court permits electronic filing, no paper copies of a brief are required to be filed.

Local Rule 19 - There are three important proposed changes.  First, Loc.R. 19(A)(4) clarifies that footnotes must be double-spaced and appear in the same size font as the text in the body of the brief.  Second, Loc.R. 19(A)(6) prohibits the use of the names of minors, names of victims, and personal identifiers in a brief.  Finally, Loc.R. 19(C) explains that the formatting requirements for briefs also apply to other papers filed with the Court.

Local Rule 20 - updates the Court's local rule authorizing mediation consistent with the requirements of the Ohio Rules of Superintendence.

Local Rule 21 - There are several significant proposed amendments regarding oral argument.  Loc.R. 21(B) adopts this Court's current practice of limiting rebuttal to five minutes.  Loc.R. 21(F) adds the language of the Court's Media Broadcasting Standing Order to the Local Rules.  Loc.R. 21(G) directs the clerk of courts to send the record to the Court's main office when the Court schedules the case for oral argument or submission on briefs.  Finally, Loc.R. 21(H) establishes that oral argument takes precedence over matters scheduled in municipal and common pleas court.

Local Rule 26 - adopts the procedures set forth in the Court's Standing Order on En Banc Consideration.

Local Rule 34 - eliminates redundant and unnecessary language from the current rule.

Local Rule 41.2 - clarifies several procedures for appointed counsel, from moving to withdraw to submitting an application for appointed counsel fees.

Local Rule 41.3 - aligns the Court's Presiding and Administrative Judge roles to be consistent with the Ohio Rules of Superintendence.

 


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 2017

2017 Local Rules

2017 Docketing Statement

Amendments to the 2017 Local Rules and Docketing Statement

The Court adopted amendments to the Local Rules effective on February 1, 2017.  The more significant substantive changes include:

Local Rule 7 – The Brief – reduced the number of copies to be filed from four to two.

Local Rule 9 – Journal Entries – added language to require pro se parties, who were previously represented by counsel, to notify the clerk of courts that journal entries should be served on the party if they are no longer represented by counsel.  The goal is to eliminate the delay in service of orders in cases where the clerk continues to serve counsel after counsel's representation has ended.

Local Rule 19 – Electronic Filing (E-filing) – new Local Rule authorizes the clerk of courts to accept electronically filed documents.  This does not require the clerk to accept electronically filed documents, but authorizes it if the clerk has the technology to do so.

Local Rule 20 – Fax filing – new Local Rule authorizes the clerk of courts to accept fax-filed documents.  This does not require the clerk to accept fax-filed documents, but authorizes it if a clerk chooses to do so.  The only appellate clerk currently accepting fax filings is the Lorain County Clerk of Courts.  The other appellate clerks will not accept fax filings.

Local Rule 21 – Accelerated Calendar – new Local Rule provides parties with the option of selecting their appeal to proceed on an accelerated calendar.  The accelerated calendar is designed to provide parties with a means to eliminate delay and unnecessary expense by recognizing that some cases do not require as extensive a procedure as others.  App.R. 11.1.  The Local Rule provides guidelines for parties to consider in determining whether their case should be assigned to the accelerated calendar.

Other changes include clarifying the Court's procedure in cases involving cross-appeals (Local Rule 1.2(B)), eliminating the requirement that affidavits of indigence must have been signed within one year of their filing (Local Rule 2(C) and 11(E)), directing the court reporter to file an electronic copy of the transcript, if one is available (Local Rule 6(D)), clarifying the procedure for oral argument and supplemental authority (Local Rule 8), updating the Court's Magistrate Local Rule to harmonize it with Civ.R. 53 (Local Rule 15), updating the Court's mediation rule (Local Rule 16), and clarifying that if one of several aligned parties files a certification for extension of time or requests an extension of time to file a brief, that the additional time applies to all of the aligned parties (Local Rule 18(C)).

 

Local Rules and Docketing Statement - effective 2012

Local Rules

Docketing Statement

 

Local Rules and Docketing Statement - effective March 16, 2011

Local Rules

 

Amendments to Local Rules - effective March 16, 2011

Local Rule 2(C) Amendment with commentary

Local Rule 18 Amendment with commentary

 

Local Rules and Docketing Statement - Effective January 1, 2010

2010 Local Rules (Word version)

2010 Docketing Statement (Word version)

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 - PRIOR VERSION [Word   PDF]

Docketing Statement - PRIOR VERSION [Word   PDF]

 

Local Rules and Docketing Statements effective through December 31, 2007

Local Rules - PRIOR VERSION

Docketing Statement - PRIOR VERSION