Current Local Rules and Docketing Statement - until January 31, 2017
Amended Local Rules Effective February 1, 2017
Amendments to the Local Rules and Docketing Statement
The Court has adopted amendments to the Local Rules. The amended Local Rules will be 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)).
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