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BASIC APPEAL FORMS

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Click HERE to view proposed amendments to the local rules of court.

Click HERE to view proposed amendments to Form 1, Criminal Docket Statement and Click HERE to view proposed amendments to Form 2, Civil Docket Statement.

TWELFTH APPELLATE DISTRICT LOCAL RULES

Effective January 1, 2010

Counties of Brown, Butler, Clermont, Clinton,

Fayette, Madison, Preble and Warren

  RULE

   1.     Scope and Application of Rules

   2.     Cost Deposit

(A)  Appeals

(B)  Original Actions

   3.     Notice of Appeal

   4.     Docket Statement; Scheduling Order

   5.     Notification of Lack of Transcript or Narrative Statement;

           App.R. 11(B) Notice

   6.     Accelerated Calendar

   7.     Scheduling Order

   8.     Stays; Bail; Suspension of Execution of Sentence

   9.     Counsel

 10.     Filing of the Record

 11.     Brief

(A)  Form

(1) References to the Record

(2) Contents of Brief

(3) Length of Brief

(B)  Substance

(1) Table of Contents

(2) Statement of the Case

(3) Argument

(4) Conclusion

(C)  Citations

(D)  Appendices

(E)  Supplemental Authority

(F)  Place of Filing

(G)  Failure to Comply

  12.      Oral Argument

(A)  Request for Oral Argument

(B)  Length of Oral Argument

(C)  Supplemental Authority

  13.     Motions and Memoranda

(A)  Content

(B)  Number of Copies/Place of Filing

(C)  Oral Argument

(D)  Filing by Facsimile or Other Electronic Transmission

  14.     Extensions of Time

  15.     Failure to Prosecute

  16.     Judgment Entries; Reconsideration

  17.     Motions to Certify

  18.     Presiding Judge

  19.     Administrative Judge

  20.     Original Actions

(A)  How Instituted

(B)  Deposit for Costs

(C)  Alternative Writs

(D)  Motion to Dismiss

(E)  Brief in Opposition to Motion to Dismiss

(F)  Oral Argument on Motion to Dismiss

(G)  Presentation of Evidence

(H)  Time for Briefs

(I)   Service of Copy of Brief

(J)   Briefs

(K)  Election Matters

(L)  Oral Argument

(M) Referral to Magistrate

(N)  Dismissal for Want of Prosecution

(O)  Filing by Facsimile

  21.     Prehearing Mediation Conference Procedure

  22.     Appeal of Order Denying Bail

  23-25.  Reserved

  26.     Effective Date and Applicability

Rule 1SCOPE AND APPLICATION OF RULES.

The following rules have been adopted by the judges of the Twelfth District Court of Appeals pursuant to Section 5(B), Article IV of the Ohio Constitution, as amended, and App.R. 41 in the in­ter­est of promoting the admini­stra­tion of justice and increasing the efficiency of the court's operation.

These rules and the Ohio Rules of Appellate Procedure shall govern all procedures in appeals to the Twelfth District Court of Appeals from trial courts of record within the jurisdictional boundaries of the Twelfth District.  The Rules of Appellate Pro­cedure and these rules prescribe the procedures to be followed in this court by all parties, whether represented or unrepresented.

The Ohio Rules of Civil Procedure, as supplemented by these rules, shall govern procedure in original actions filed in the Twelfth District Court of Appeals.

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Rule 2COST DEPOSIT.

(A) Appeals.  After the initial filing, no notice of appeal or cross-appeal shall be permitted to proceed in the court of appeals unless the party bringing the appeal or cross-appeal first deposits with the clerk of the trial court a deposit in the sum of $125 as security for payment of costs, except in criminal actions where the party who proffers the filing makes and files with the clerk a sworn affidavit of inability to secure costs by such prepay­ment or produces evidence that the trial court deter­mined that the appellant is indigent for purposes of appeal.  In the event the aff­idavit is filed by an inmate of a state institu­tion, it shall be accom­pa­nied by a certifi­cate by the warden or other appropriate officer of the institution setting forth the amount of funds, if any, that the inmate has on deposit with the institution available to the inmate to secure costs.  No security shall be required on appeals by the state or any of its subdivisions.  R.C. 109.19.

The deposit for costs shall be forwarded upon receipt by the clerk of the trial court to the clerk of the court of appeals along with a copy of the notice of appeal, a copy of the entry or order appealed from, a copy of the listing of docket and journal entries and a copy of the docket statement required by Loc.R. 4.  Any personal check given for the deposit amount shall be made pay­able to the clerk of the court of appeals.  The deposit for costs shall be in addi­tion to any other fees or deposits required by law, in­cluding the law­ful fees of the clerk of the trial court pre­scribed by R.C. 2303.20 and 2303.31.  The deposit for costs shall be ap­plied by the clerk of the court of appeals to the costs, if any, assessed against the respec­tive appellant(s) or cross-appel­lant(s) during the appeal, as deter­mined by this court, and any balance remaining shall be returned by the clerk to the de­positor.


(B) Original Actions.  After the initial filing, no complaint in an original action (man­damus, prohibition, procedendo, or quo warranto, and except where prohibited by law, habeas corpus) shall be permitted to proceed in the court of appeals unless the party bringing the action shall have first depos­ited with the clerk the sum of $125 as security for payment of the costs that may accrue in the action.  The deposit for ­costs shall be in addition to any other fees or deposits required by law.  A sub­poena shall not be issued for any witness in an action unless an add­i­tional deposit in the amount of $20 as security for costs is depos­ited with the clerk together with a praecipe for subpoena.  A $20 deposit and praecipe shall be sub­mitted for each subpoena to be issued.  If the party bringing the action or the party seek­ing the attendance of wit­nesses makes and files with the clerk a sworn affidavit of in­ability to secure costs by such pre­payment, the clerk shall receive and file the com­plaint and sub­poena witnesses without such deposits, subject to the approval of the court of appeals.  In the event the affidavit is filed by an inmate of a state institution, it shall be accompanied by a certificate by the warden or other appropri­ate officer of the institution setting forth the amount of funds, if any, that the inmate has on deposit with the insti­tution avail­able to the inmate to secure costs.

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Rule 3NOTICE OF APPEAL.

(A) The notice of appeal shall comply in all respects with App.R. 3(D) and shall be accompanied by a docket statement as required by Loc.R. 4.  If the docket statement is not filed with the notice of appeal, it shall be filed with the clerk of the court of appeals no later than five (5) days after filing of the notice of appeal.  Fil­ing of the docket statement is not jurisdictional, but omission of the docket statement may be a basis for dismissal, or may result in assessing against the appellant such court costs as may be attri­butable to failure to file the docket statement.

(B) The appellant shall file with the notice of appeal a praecipe directing the clerk of the trial court to prepare a record of the original papers and exhibits, and a copy of the docket and journal entries as specified in App.R. 9(A).

(C) Upon filing of the notice of appeal, the clerk of the trial court shall promptly forward to the clerk of the court of appeals (1) a copy of the notice of appeal and docket statement; (2) a copy of the entry or order appealed from; (3) a copy of the opinion or decision supporting such entry or order if any, and a copy of any findings of fact and conclusions of law filed in the trial court; (4) a copy of the transcript of docket and journal entries; and (5) the deposit amount or an affidavit of indigency, with Loc.R. 2 certificate of funds if applicable.

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Rule 4DOCKET STATEMENT; SCHEDULING ORDER.

(A) Upon every appeal filed in the court of appeals, counsel of record for the appel­lant, or the appellant when unrepresented and acting pro se, shall complete a docket state­ment (criminal appeal - Form 1; civil appeal - Form 2) and file the completed docket state­ment with the notice of appeal in the clerk's office of the trial court as set forth in Loc.R. 3(A).  The clerk of the trial court shall then forward the notice of appeal and the docket statement to the clerk's office of the court of appeals within five (5) days.  Failure to file a docket statement may result in dismissal of the appeal, or may result in assessing against the appellant such court costs as may be attributable to failure to file the docket statement.

(B) Upon receipt of the notice of appeal and the docket statement, the court will cause a scheduling order to be issued pursuant to Loc.R. 7 directing when the record and the briefs are to be filed.

(C) If necessary, the court administrator may schedule a pre-scheduling order conference with counsel of record to resolve preliminary issues such as (1) the finality of the order being appealed, (2) the type of record to be filed, (3) the probable time required to complete preparation of the record on appeal, (4) the assignments of error and issues to be raised, (5) the time needed for briefing and oral argument, and (6) other matters of relevance to the appeal. 

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Rule 5NOTIFICATION OF LACK OF TRANSCRIPT OR NARRATIVE STATEMENT; APP.R. 11(B) NOTICE.

(A) In every appeal taken in which no transcript of proceed­ings or narrative statement or agreed statement as described in App.R. 9 will be filed, or such transcript or narrative statement is already a part of the trial court record, counsel for the appellant shall file a notice of such fact with the clerk of the court of appeals for the county from which the appeal is being taken.

(B) Counsel for the appellant need not file the statement required by paragraph (A) above if the docket statement (see Loc.R. 4) indicates that no transcript or App.R. 9 statement will be filed, or that such transcript or nar­rative statement is already a part of the trial court record.

(C) Upon the filing of a complete record for purposes of an appeal, the clerk of the court of appeals shall serve upon all parties to the appeal notice as required by App.R. 11(B).  Simultaneously with serv­ing said notice upon the parties, the clerk shall forward a copy of the notice to the Court of Appeals at 1001 Reinartz Blvd., Middletown, Ohio 45042 (See Form 3 – suggested App.R. 11(B) Notice).  Service of the App.R. 11(B) notice shall begin the time for filing the appellant's brief as set forth in the scheduling order (see Loc.R. 7).

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Rule 6ACCELERATED CALENDAR.

Pursuant to App.R. 11.1, this court hereby adopts an ac­cel­erated calendar, which shall be administered as follows:

(A) Each appellant and cross-appellant when filing the docket statement required by Loc.R. 4, and each appellee within ten (10) days thereafter, may request that the case be placed on the court's accelerated calendar.  Based upon a review of the docket statement and pursuant to App.R. 3(G), the court may issue a sched­uling order accelerating the appeal.  The court in its discretion may sua sponte assign or remove any appeal from the accelerated calen­dar at any stage of the proceedings.

(B) Counsel for the party not requesting acceleration may, within ten (10) days after journalization of the scheduling order accelerat­ing the appeal, file a motion requesting that the appeal be removed from the accelerated calendar.  The motion shall be sup­ported by a memorandum setting forth good cause for such re­quest. 

(C) Cases typically considered appropriate for assignment to the accelerated calendar include the following:

(1)  Cases where:

a. No transcript of proceedings is required.

b. Length of the transcript is such that prep­aration time will not be a source of delay.

c. The record was made in an administrative hearing and filed with the trial court.

d. All parties to the case approve assignment to the accelerated calendar.

(2)  Criminal cases involving:

a. Crim.R. 11 challenge.

b. Challenge to sentencing involving revocation of community control or failure to impose community control.

c. Crim.R. 29 or weight of the evidence chal­lenge, especially if a lesser crime is in­volved.

d. Routine OVI or other minor traffic offense.

e. Expungement.

(3)  Civil cases involving:

a. Administrative appeal.

b. Action on an account.

c. Slip and fall.

d. Civ.R. 60(B) motion.

e. Simple contract action.

f. Minor negligence action.

g. Property division or post-decree support motion in a divorce case.

(D)  All briefs filed in a case that has been accelerated shall con­form to the appellate rules and the local rules of this court as to form and content; however, such briefs shall not exceed fifteen (15) pages excluding table of contents and appendices.  The appel­­lant shall serve and file a brief within fifteen (15) days of the date on which the record is filed.  The appellee shall serve and file a brief within fifteen (15) days after service of the brief of the appel­lant.  Reply briefs may be filed within five (5) days after service of the brief of the appellee and shall not exceed five (5) pages in length. 

(E)  Total extensions granted to either party on a case on the accel­erated calendar shall not exceed seven (7) days.

(F)  In its discretion, the court may issue a memorandum de­cision, an entry or a full opinion.  Pursuant to App.R. 11.1(E), the court may state the reasons for its finding on each assignment of error in brief and conclusory form.

(G)  All cases placed on the accelerated calendar shall be so desig­nated following the case number on the caption of each brief, plead­ing or other paper filed in the case.

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Rule 7SCHEDULING ORDER.

Upon receipt of the notice of appeal and docket statement, the court will issue a scheduling order of events with respect to the appeal. The sched­uling order will be modified only upon written motion establishing good cause or pursuant to Loc.R. 21(D) [Prehearing Mediation Conference Procedure].  An unexcused failure to comply with the scheduling order in any respect may result in dismissal of the appeal.  No scheduling order will be issued on appeals from orders denying bail (see Loc.R. 22).

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Rule 8STAYS; BAIL; SUSPENSION OF EXECUTION OF SENTENCE.

All motions for stay, motions for bond pending appeal and mo­tions for suspension of execution of sentence pending appeal shall be made in the first instance in the trial court as required by App.R. 7 and 8.  If any such motion is denied by the trial court, it may be made in the court of appeals.  Service shall be made upon all other parties, and absent exigent circumstances, the motion will be decided in accordance with Loc.R. 13.

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Rule 9COUNSEL.

(A) Every notice of appeal, pleading, motion and brief filed shall have typed or printed thereon the name, Ohio Supreme Court regis­tration number, address, telephone and/or cell phone number, and e-mail address of all counsel (or parties, if not represented by counsel).  Where a party is rep­re­sented by more than one counsel, or by a firm of attorneys, one counsel shall be designated as having primary responsibility for the appeal.  Counsel so designated shall be responsible for con­ducting the appeal, including the filing of briefs and other mem­oranda, oral argument, and receipt of notices and pleadings from the court and all other parties.

(B) Counsel seeking to withdraw shall, with a written appli­cation showing good cause, submit proof of service of the notice of withdrawal upon the client, and the name and address of any substitute counsel, or, if none, the name and ad­dress of the cli­ent.

(C) In cases where appointment of appellate counsel is necessary, such appointment shall be sought in the first instance in the trial court.

(D) Admission of an out-of-state attorney pro hac vice will be allowed only on motion of an attorney admitted to practice in Ohio and registered with the Supreme Court of Ohio for active status.  The motion shall briefly and succinctly state the qualifications of the attorney seeking admission.  It shall be filed with the first pleading or brief in which the attorney seeks to participate or at least thirty (30) days before oral argument if the attorney seeks only to participate in oral argument.  The court may withdraw admission pro hac vice at any time.

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Rule 10FILING OF THE RECORD.

(A)  If a transcript of proceedings is to be filed in accord­ance with App.R. 9(B), a copy of the notice of appeal with praecipe shall be served by the appellant upon the court reporter.  The appel­lant is responsible for contacting the court reporter and ordering the tran­script of proceedings, and filing the transcript with the clerk of the trial court in accordance with App.R. 9(B).  The court reporter shall comply and prepare those portions of the record enumerated in the praecipe, subject to being made secure in the payment of fees by the party who ordered the transcript.  All testimony presented in the trial court by videotape, audiotape or other like manner shall be reduced to writing in transcript form before being submitted as part of the record.

(B)  If a statement of evidence or agreed statement is to be filed in lieu of a transcript pursuant to App.R. 9(C) or (D), the statement of evidence or agreed statement approved by the trial court shall be filed with the clerk of the trial court with­in the time permitted for transmission of the record pur­suant to the scheduling order.  A Loc.R. 5 notice shall not be filed with the clerk of the court of appeals if a state­­ment of evi­dence or agreed statement will be filed pursuant to App.R. 9(C) or (D).

(C)  Extensions of time by trial court and court of appeals.

(1) The appellant is responsible for causing timely trans­mission of the record and for obtaining such extensions as are necessary to discharge this re­spon­sibility.  The appel­lant shall file with the clerk of the court of appeals a copy of any ex­tension obtained from the trial court.

(2) The trial court shall not extend the time for trans­mitting the record beyond eighty (80) days after the filing of the notice of appeal, and the court of ap­peals will not recognize an order of the trial court purporting to do so.  Extensions of time for trans­mitting the record beyond the eightieth day may be granted only by the court of appeals.

(3) See Loc.R. 14 for additional requirements applicable to motions for extension of time.

(D)  The transcript of proceedings or Loc.R. 5 notice shall be filed with the clerk of the court of appeals of the county from which the appeal is being taken.  No filings of any nature can be made at the court's central office in Middletown.

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Rule 11BRIEF.

(A) Form.  An original brief and three copies shall be filed, and, in accord­ance with App.R. 19, be stapled, bound, or otherwise securely fastened along the left margin.  It is not necessary or desirable to enclose any brief in a paper or plastic cover or binder.  Carbon copies are not acceptable without prior permission of the court.  Typewritten copies must appear on opaque, unglazed paper. Briefs prepared with word processing software must use a minimum font size of 12. Briefs prepared using other typewriting equipment shall use characters equivalent in size. The front cover of every brief filed shall include the name, address, Ohio Supreme Court registration number, telephone and/or cell phone number, and e-mail address of all counsel, or parties if not represented by counsel.

(1) References to the Record. Suggested abbrevia­tions for transcript of the proceedings and tran­script of docket, journal entries and original papers are T.p. and T.d. respectively.  Where documents are relied upon which consist of more than one page, citations shall be to the document number assigned by the clerk of courts in preparing the transcript of docket and journal entries followed by the page number integral to the document, e.g., "defendant's deposition, T.d. 10, p. 50."

(2) Contents of Brief. The briefs of the appellant and the appellee shall consist of six (6) parts satisfying App.R. 16 as follows:

    (a) Table of Contents, including Table of Cases,
         
    Statutes and Authorities and Assignments of
         Error and Issues Presented for Review

    (b) Statement of the Case (Procedural Posture)

    (c) Statement of Facts

    (d) Argument

    (e) Conclusion

    (f) Appendix


(3) Length of Brief. The initial and answer briefs of the parties shall not exceed twenty (20) pages, ex­clu­sive of the table of contents, table of cases and authorities, assignments of error and issues pre­sented for review, and appendix.  The pages shall be numbered in a manner such that the court can easily determine the length of the brief filed.  No brief may be filed which exceeds such limitations except by permission of the court.  Application for such per­­­mission shall be made by motion specifying the num­ber of extra pages required and the reason why the extra pages are required. 

Reply briefs shall be re­stricted to matters in rebuttal of the answer brief, and shall not exceed ten (10) pages, exclu­sive of the table of contents, lists of authorities, and appended material except by per­mis­sion of the court. 

Amicus curiae briefs filed pursuant to App.R. 17 shall not exceed twenty (20) pages in length without leave of court.

Briefs in accelerated calendar cases shall not exceed fifteen (15) pages; accelerated calendar reply briefs shall not exceed five (5) pages. See Loc.R. 6(D).

(B)  Substance.

(1) Table of Contents. The principal function of the table of contents is to list and index the assign­ments of error and issues presented for review.  The table of contents shall also serve as, and con­sist of, a combined index of the table of author­ities with page references to each item listed.  In­dented as numbered subparagraphs under each assign­ment of error shall be the issues pre­sented for re­view appli­cable to that assignment.  The authori­ties cited in support of each assignment of error shall be set out in alphabetical order in another indented sub­par­agraph.  For the form of the assign­ments of error and issues, see Form 4.  The appel­lee may recast or substitute issues to demon­strate the ab­sence of error.

(2) Statement of the Case; Statement of Facts. App.R. 16(A)(5) and (6) pertaining to statement of the case and statement of facts may be complied with in this court by stating the case in two sec­tions, i.e., procedural posture and statement of facts.  There should be no inconsistency between the statement of the case and the stated actions of the lower court set forth in the argument portion of the brief.

The procedural posture, including a statement of the relevant procedural history and status of the liti­gation and the relief sought, shall be succinct­ly set out and should rarely require more than one para­graph.  Normally, a chronology of the events lead­ing to the complaint or commencement of trial is neither necessary nor desired.  The purpose is to con­vey a digest of those relevant, necessary, and essential procedural events critical to the appeal accurately describing "the course of proceedings and *** disposition *** below."  App.R. 16(A)(5).

The statement of facts shall consist of a recita­tion of those portions of the record which support the appellant's contentions, and shall contain ci­tations to the record as necessary.  See Section (A)(1) above.

(3) Argument. The argument shall comprise the main body of the brief, and shall be organized consis­tent­ly with the assignments of error and issues pre­sented for review set forth in the table of contents.  See Section (B)(1) above.  The assignments of error and issues presented for review shall be fully set forth verbatim as in the table of contents.  The argument under each assignment of error and issue shall be organized accordingly.

Each assignment of error shall assert precisely the matter in which the trial court is alleged to have erred, e.g., THE TRIAL COURT ERRED IN OVER­­RULING APPEL­LANT'S MOTION TO SUPPRESS HIS CONFESSION FROM EVI­DENCE. An assignment of error shall not be set forth as a proposition of law as envisioned by Rule V of the Rules of Procedure for the Supreme Court of Ohio.  Such a statement is wholly inappro­priate at this appellate level.  Assignments of error filed by an appellee pursuant to R.C. 2505.22 shall be filed with the appellee's brief in response to the assignments of error raised in the appel­lant's brief.

The argument portion of the brief shall include citations to the portion of the record before the court on appeal wherein the lower court committed the error complained of, e.g., "The trial court erred in overruling plaintiff-appellant's motion for sum­mary judgment (T.p. 25)," or "(opinion and entry, T.d. 50, p. 3)."

(4) Conclusion. The conclusion shall briefly summar­ize the argument and state the precise relief sought on appeal.

(C)  Citations. All citations to reported Ohio cases in briefs or mem­oranda shall recite the date, volume and page of the official Ohio report, (where available), and the Ohio Supreme Court web citation (where available), e.g., Myocare Nursing Home, Inc. v. Fifth Third Bank, 98 Ohio St.3d 545, 2003-Ohio-2287; State v. Watkins, 99 Ohio St.3d 12, 2003-Ohio-2419; State v. Schmidt, 123 Ohio Misc.2d 30, 2002-Ohio-7462. Citations to United States Supreme Court cases shall appear with citations to United States Reports and parallel citations to the United States Supreme Court Reporter, e.g., Paul v. Davis (1976), 424 U.S. 693, 96 S.Ct. 1155, rehearing denied  (1977), 425 U.S. 985, 96 S.Ct. 2194.  Cases that are not cited in an Ohio official reporter and do not appear on on the Ohio Supreme Court website shall be cited as follows: State v. Beagle (Mar. 1, 1999), Madison App. No. CA98-03-017; Justice v. Columbus (Nov. 14, 1991), Franklin App. No. 91AP-675, 1991 WL 244996; Edinger v. Bd. of Allen Cty. Commrs. (Apr. 26, 1995), Allen App. No. 1-94-84, 1995 WL 243438, 1995 Ohio App.Lexis 1974.

(D)  Appendices.

(1) Every appellant's or cross-appellant's brief shall have attached thereto a copy of the following:

(a) The final appealable entry or order;

(b) All entries or orders which are the basis of any assigned error;

(c) All trial court, magistrate or arbitration decisions or opinions explaining the basis for an entry or order in either (a) or (b);

(d) All ordinances, local rules and regulations that are in themselves dispositive of an assignment of error or are to be given consideration in connection with any assignment of error.

(2)  A cross-appellant's or appellee's brief should not include these items if they are the same as those attached to the appellant's brief. If any of these documents are handwritten and not clearly legible, a typed copy must be attached in addition to the handwritten copy.

(E)  Supplemental Authority. If counsel wishes to present or call the court's attention to additional authorities not dis­cussed in the briefs, a notice of supplemental auth­or­ity shall be filed with the court and served upon oppos­ing counsel at the earliest possible opportunity.  Absent exceptional cir­cum­stances, a notice of supple­mental au­thor­ity shall be filed only when counsel could not, with due diligence, have been aware of the addi­tional author­ity at the time the brief was filed. 

(F)  Place of Filing. All briefs shall be filed with the clerk of the court of appeals for the county from which the appeal is being taken.  Briefs cannot be filed at the court's central office in Middletown.

(G)  Failure to Comply. Failure to comply with the require­ments of this rule may result in the brief or notice of supplemental authority being stricken on motion or sua sponte, and/or dismissal of the appeal.

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Rule 12ORAL ARGUMENT.

(A) Request for Oral Argument. No oral argument will be heard on any appeal unless requested by counsel for either party.  Oral argument may be requested by filing a request for argument in the clerk's office within the time provided for the filing of the ap­pel­lant's reply brief.  The request for oral argument shall be filed as a separate pleading and not appended to any brief, notice or other paper.  If any party fails to appear to present oral argu­ment, the court shall hear argument on behalf of the opposing party, if pres­ent.  The court may, if it so desires, re­quire oral argument in any case.

(B)  Length of Oral Argument. Oral argument shall be lim­ited to fifteen (15) minutes per side.  In those cases where counsel deems additional time for argument is needed, counsel shall file a motion requesting the additional time setting forth the grounds upon which the additional time is sought.  Any party opposing such motion shall file a response within ten (10) days.

(C)  Supplemental Authority. A notice of supplemental author­ity may be filed prior to argument as provided by App.R. 21(H) and Loc.R. 11(F).

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Rule 13MOTIONS AND MEMORANDA.

(A)  Content. All motions must be in writ­ing. All motions must be served upon opposing counsel, or upon the opposing party if not represented by counsel, and filed with proof of ser­vice with the clerk of the court of appeals.  Every motion shall set forth in detail the relief requested, and shall be accompanied by a mem­or­an­dum setting forth the reasons and authorities that support grant­ing the requested relief.  Every motion and response shall have typed or printed thereon the name, Ohio Supreme Court registration number, address, telephone and/or cell phone number, and e-mail address of counsel, or the party filing the motion or response if not represented by counsel.  Any party opposing a motion shall file a written response within ten (10) days or as otherwise permit­ted by the court or the Ohio Rules of Appellate Procedure.

(B)  Number of Copies/Place of Filing. The original and one additional copy of all motions and memoranda shall be filed with the clerk of the court of appeals in the county from which the appeal is being taken. No filings of any nature can be made at the court's central office in Middletown.

(C)  Oral Argument. All motions will be ruled upon with­out oral argument, except where the court requests such argument and noti­fies counsel to appear.

(D)  Filing by Facsimile or Other Electronic Transmission.  The filing of pleadings not requiring a security deposit pursuant to Loc.R. 2 may be accomplished by tele­phonic facsimile or other electronic transmission in compliance with the local rules of the clerk of the court of appeals for the county where the appeal is pending.

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Rule 14EXTENSIONS OF TIME.

(A)  Except as provided in Loc. R. 21(D) [Prehearing Mediation Conference], applications to the court of appeals for extensions of time to file briefs and other motions and memoranda shall be made by writ­ten motion and sup­ported by a memorandum which sets forth facts demonstrating good cause for the extension.  Motions for extensions of time filed after the time sought to be extended has expired will generally not be granted.

(B)  All motions for extension of time shall state whether the court has previously granted the movant an extension of time in the case, and the length of the extension of time that was previously granted.

(C)  See Loc.R. 10(C) for additional requirements re­gard­ing extensions of time for transmitting the record.

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Rule 15FAILURE TO PROSECUTE.

The following shall be deemed good cause for dismissal of an appeal pursuant to App.R. 3(A), 11(C), or 18(C):

(A)  Failure to file a docket statement as required by Loc. R. 4.

(B)  Failure to file with the notice of appeal the appropriate filings required by App.R. 9(B).

(C)  Failure to timely order in writing from the court re­porter any necessary transcript of proceedings, or to timely file any necessary statement of evidence or agreed statement pursuant to App.R. 9(C) or (D), or a notice that no transcript or narrative statement will be filed as required by Loc.R. 5.

(D)  Failure to cause the record on appeal to be timely trans­mitted to the clerk of this court.

(E)  Failure to timely file a brief and assignments of error pre­sented for review.

(F)  Any other non-compliance with the appellate rules or the rules of this court.

For any failure to comply with the appellate rules of procedure or the rules of this court, the court may, at its discretion, dismiss the appeal or issue a show cause order directing the party to show cause for the failure to comply.

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Rule 16JUDGMENT ENTRIES; RECONSIDERATION.

(A)  Decisions of the court will be announced by way of a judg­ment entry, usually accompanied by an opinion or decision.  Upon filing of the judgment entry, the time for appeal to the Supreme Court of Ohio will begin to run. 

(B)  Pursuant to App.R. 26 (A), applications for reconsider­a­tion in appeal cases may be filed within ten (10) days after the judg­ment entry is filed.  However, the filing of an application for reconsidera­tion does not extend the time for filing a notice of appeal to the supreme court.

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Rule 17MOTIONS TO CERTIFY.

Motions to certify to the supreme court because of conflict with a judgment of another court of appeals upon the same question shall be filed within ten (10) days after the journal entry of judg­ment is filed with the clerk in ac­cordance with App.R. 25(A). The motion to certify shall set forth specifically the rule of law upon which the alleged conflict between the two judgments exists, stated in such form that it can be readily incorporated in a jour­nal entry in accord­ance with Section 2(A), Rule IV, of the Rules of Practice of the Supreme Court in the event the motion is granted.  App.R. 25, App.R. 15 and Loc.R. 13 shall apply to motions to certify and briefs in sup­port and opposition.

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Rule 18PRESIDING JUDGE.

(A)  The presiding judge of this court shall be elected by a major­ity vote of the judges of this court to serve for a term of one calendar year.  The election shall be made no later than December 31st of the preceding calendar year. A presiding judge may suc­ceed himself or herself in that position.  A judge who holds office by appointment to fill a vacancy may not serve as the pre­siding judge.

(B)  The presiding judge shall preside over all court ses­sions and meetings of the court en banc.  In court sessions where the elected presiding judge is not a member of the three-judge panel, the admin­istrative judge shall serve as the presiding judge.  The pre­siding judge shall also serve as the administrative judge in the absence or disability of the administrative judge.  In the absence of the presiding judge and the administrative judge, the available judge who is senior in service on the court shall perform the duties of the presiding judge.

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Rule 19ADMINISTRATIVE JUDGE.

(A)  The administrative judge of this court shall be elected by a majority vote of the judges of this court to serve for a term of one calendar year.  The election shall be made no later than Decem­ber 31st of the preceding calendar year.  An administrative judge may succeed himself or herself in that position.  A judge who holds office by appointment to fill a vacancy may not serve as the administrative judge.

(B)  The administrative judge shall be responsible for super­vising the administration, docket and calendar of the court.  The admini­strative judge shall rule upon all requests for extension of time and other motions and matters to be handled by a single judge.  The administrative judge may refer any such motion or mat­ter to a magistrate or three-judge panel.  The administrative judge shall also assist the presiding judge in the performance of his or her duties, and shall serve as the presiding judge during the absence or disability of the presiding judge.

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Rule 20ORIGINAL ACTIONS.

(A)  How Instituted. An original action, other than habeas corpus which shall be governed by the provisions of R.C. Chapter 2725, shall be instituted by the filing of a complaint, together with three copies thereof. Service shall be made by the clerk and such action shall proceed as any civil action under the Ohio Rules of Civil Proce­dure.  Original actions shall be filed with the clerk of the court of appeal for the county in which the action is filed. No origi­nal action or subsequent motions, memoranda or briefs will be accepted for filing at the court's central office in Middletown.

(B)  Deposit for Costs. A deposit for costs in an original action and for subpoenas issued shall be paid as set forth in Loc.R. 2.

(C)  Alternative Writs. In the absence of extraordinary circum­stances, no alternative writ will be issued in an original action, other than a habeas corpus action.

(D)  Motion to Dismiss. When a motion to dismiss is filed, an original and three (3) copies of a brief in support of the motion shall be filed with the motion, and the movant shall indicate whether ruling on the motion will dispose of the merits.

(E)  Memorandum in Opposition to Motion to Dismiss. An original and three (3) copies  of a memorandum in opposition to a motion to dismiss shall be filed with­in fifteen (15) days of the filing of such motion with an in­dication wheth­er ruling on the motion will dispose of the merits.

(F)  Oral Argument on Motion to Dismiss. All motions will be ruled upon without oral argument before the court, except where the court requests such argument.

(G)  Presentation of Evidence. Unless consent of the court is other­wise obtained, the evidence in all original actions, except actions in habeas corpus, shall be submitted to the court by means of an agreed statement of facts, or stipulations, or depositions; oral testimony will not be heard.  The evidence in actions in ha­beas cor­pus shall be similarly submitted whenever practicable.

(H)  Time for Briefs. The petitioner's brief shall be filed within fif­teen (15) days after completion of the presentation of evi­dence pur­suant to Section (G); the respondent's brief shall be filed within fif­teen (15) days thereafter; a reply brief may be filed by the petitioner within ten (10) days after the filing of the respondent's brief.

(I)  Service of Copy of Brief. Service of a copy of any brief shall be made upon opposing counsel or the opposing party if not represented by counsel forthwith, and proof of service shall be filed with the clerk.

(J)  Briefs. Briefs shall conform to App.R. 19 and Loc.R. 11 except as described below.  The brief of the petitioner shall contain, under appropriate headings and in the following order:

(1)    A table of contents, with page references, and a table of cases, alphabetically arranged, statutes and other authorities cited, with references to pages of the brief where they are cited.

(2)    A statement of the issues presented.

(3)    A statement of the case and a statement of the facts.  The statement of the case shall indicate briefly the nature of the case.  A statement of the facts relevant to the issues presented shall follow.

(4)    An argument.  The argument shall include the con­ten­tions of the petitioner with respect to the issues pre­sented and the reasons therefor with citations to the authorities and statutes relied on.

(5)    A short conclusion stating the precise relief sought.

(6)    The brief of the respondent shall conform to the fore­going requirements, except that a statement of the issues, a statement of the case and/or a state­ment of the facts relevant to the issues need not be made unless the respondent is dissatisfied with the statements made by the petitioner.

(K)  Election Matters. Because of the necessity of prompt­ly dis­posing of original actions relating to pending elections, and in order to give the court adequate time for full consideration of such cases, if an original action relating to a pending election is filed with­in ninety (90) days prior to the election, answer day shall be five (5) days after service of summons and the brief of the petitioner must be filed within five (5) days after the fil­ing of the answer.  The respondent's brief must be filed no later than five (5) days after the filing of the petitioner's brief.  The petitioner may file a reply brief with­in three (3) days after the respondent's brief is filed.  Only in excep­tional cases will time be extended, even if counsel for all parties consent.

(L)  Oral Argument. In any original action in this court, oral argu­ment may be had only on approval of a request therefor, pro­vided that the court may, if it so desires, request oral argument in any case.  A request for oral argu­ment shall be made by any party in writing at any time prior to the filing of the petitioner's reply brief.  The party having the affirmative shall have the right to open and close the argument and the right to divide the allotted time as desired.  Time provided for oral argument shall be as detailed in Loc.R. 12(B).

(M)  Referral to Magistrate.  Original actions may, either up­on mo­tion of a party or of the court, be referred to a magistrate pur­su­ant to Civ.R. 53.  Unless otherwise indicated in the order of refer­ence, the magistrate shall have all powers specified in Civ.R. 53, and the pro­ceed­ings and report of the magistrate and objections thereto shall be governed by Civ.R. 53.    

(N)  Dismissal for Want of Prosecution. Unless all evi­dence is presented and the petitioner's brief is filed within four (4) months after the filing of the complaint, an original action shall be dis­missed, after notice to counsel for record, for want of prosecu­tion, unless good cause is shown to the contrary.

(O)  Filing by Facsimile.  The filing of pleadings that do not require a security deposit may be accomplished by telephonic facsimile trans­mission or other electronic transmission in compliance with the local rules of the clerk of the court of appeals for the county where the original action is pending.  See Loc.R. 13(E).

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Rule 21PREHEARING MEDIATION CONFERENCE PROCEDURE.

Pursuant to App. R. 20, this court hereby adopts the following prehearing media­tion conference procedure, applicable only to civil and administrative appeals and ori­ginal actions filed in this court.

(A)  Requesting and Scheduling a Prehearing Mediation Conference.  The court shall review the required docket statement filed pursuant to Loc. R. 4 or com­plaint filed pur­suant to Loc. R. 20 to determine whether a prehear­ing mediation conference would be of assistance to the parties or the court.  If a prehearing mediation conference is deemed advisable, the court shall notify the parties of the date, time and location of the prehearing media­tion conference. 

In addition, any party may request a prehearing mediation conference by contacting the conference attorney or by written motion to the court.  Such requests may be made confidentially if the requesting party desires. Such requests shall be submitted as soon as possible after initiation of the appeal.  Re­quests for a prehearing mediation conference may or may not be granted by the court.

(B)  Purposes and Procedure of Prehearing Mediation Conference.  The prehearing medi­ation conference shall be held with the court’s conference attorney.  Conferences conducted in person shall be subject to the attendance requirements of Section (C) of this rule. Follow­-up conferences may be con­ducted, attended either in per­son or by telephone, as directed by the court.  The pri­mary purposes of the prehear­ing mediation conference are: (1) to explore settlement possi­bilities through mediation, (2) to simplify the issues in the appeal or original action if set­tle­ment is not possible, and (3) to address any anticipated procedural problems.  Addi­tionally, any other matters that the conference attorney determines may aid in handling the disposition of the proceedings will be considered. 

It is desirable to hold the prehearing mediation conference before the parties incur addi­tional expense.  Therefore, the court will make every effort to schedule the prehearing mediation conference before the transcript of pro­ceedings is to be filed or before the appellant’s brief is due if no transcript of proceedings is to be filed.  Because this is not always pos­sible, the parties are cautioned that the scheduling of a prehearing mediation conference does not automatically stay the time in which the transcript of pro­ceedings or briefs must be filed.

(C)  Attendance.  Unless otherwise instructed by the court, the following persons shall attend the prehearing mediation conference in person: counsel, the parties necessary for full settlement authority including insurance adjustors, and litigants not represented by counsel. "Counsel," for purposes of this rule, means the attorney with primary responsibility for the case and upon whose advice the party relies. Persons excused in advance by the court from attending in person shall be available by telephone during the scheduled conference.

(D)  Extension of Time to File Record and Briefs.  If a prehearing mediation conference is scheduled after the date the record is to be transmitted or after a brief is to be filed, the affected party may telephone the court’s conference attorney and request that the court issue a sua sponte order extending the time in which to transmit the record or file the brief. Re­quests for exten­sions may also be made orally at the prehearing mediation conference.  Thereafter, such requests may be made by telephone; how­ever, the court may require the request be made by written motion pur­suant to App. R. 10 or 14 and Loc. R. 10 or 14.  In all instances, the request shall be made prior to the time sought to be extended has expired and shall indicate whether any other party opposes the request for extension. Requests for extension made pursuant to this section may be granted if the court deems it would facilitate settlement.

(E)  Privilege and Confidentiality.  The privilege and confidentiality provisions of the Uniform Mediation Act, R.C. Chapter 2710, apply to all prehearing mediation conferences. Mediation communications shall be privileged and therefore shall not be disclosed by the conference attorney or by the parties and shall not be used by the parties when presenting or arguing the case. Mediation communitcations shall also be confidential unless all parties and the conference attorney consent to disclosure.

(F)  Prehearing Mediation Conference Order.  At the conclusion of the prehearing mediation conference, a judge or magistrate, upon recommendation of the conference attorney, may enter an order setting forth the actions taken based on the agreements reached by the parties.  Such order shall govern the subsequent course of proceedings, unless modified by the Court.

(G)  Noncompliance Sanctions.  Failure to comply with the provisions of this rule or any order of the court relating to a prehearing mediation conference may re­sult in dismissal of the proceeding or assessment of such costs as may be attributable to noncompliance including, but not limited to, attor­ney fees and court costs.

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Rule 22 APPEAL OF ORDER DENYING BAIL.

Appeals taken from orders denying bail pursuant to R.C. 2937.222(D)(1) shall be expedited as follows:

(A)(1)  The appellant shall complete the record on appeal and file a brief as quickly as possible after filing a timely notice of appeal.  (See [D] below.)  No scheduling order will be issued, and the filing of the appellant's brief shall serve as notice that the record on appeal is complete.  The brief may be filed in the form of a memorandum to the court, shall not exceed fifteen (15) pages and shall contain at least one assignment of error.  A copy of the trial court's order denying bail shall be attached.

(2) The appellee's brief shall not exceed fifteen (15) pages and shall be filed within ten (10) days of the date that the appellant's brief is filed.  The appellee may supplement the record, if necessary, on or before the date the appellee's brief is filed.  If the appellee supplements the record, the appellant may file a reply brief, no more than five (5) pages in length, within five (5) days of the date the appellee's brief is filed.

(B) Oral argument will not be held unless requested by either party on or prior to the date the appellee's brief or appellant's reply brief is due for filing or ordered by the court.  Oral argument will be expedited by the court.

(C) The decision issued by the court may be in the form of an accelerated calendar entry as contemplated by App.R. 11.1 and Loc.R. 6.

(D) If the appellant's brief is not filed within twenty (20) days after the date the notice of appeal is filed, the appeal may be dismissed by the court for failure of prosecution.

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Rules 23-25RESERVED.

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Rule 26EFFECTIVE DATE AND APPLICABILITY.

These rules shall take effect January 1, 2010.  They shall govern all proceedings in actions brought after they take effect and all further proceedings in actions then pending, except to the extent that, in the opinion of the court, their application in a particular action pending when these rules take effect would not be feasible or would work an injustice.

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