Table
of Contents—Ohio Rules of Appellate Procedure
TITLE
I. APPLICABILITY OF RULES
TITLE
II. APPEALS FROM JUDGMENTS AND ORDERS OF COURT OF RECORD
- RULE
3. Appeal as of Right—How Taken
(A) Filing the notice of appeal
(B) Joint or consolidated appeals
(C) Cross appeal
(1) Cross appeal required
(2) Cross appeal not required
(D) Content of the notice of appeal
(E) Service of the notice of appeal
(F) Amendment of the notice of appeal
(G) Docketing statement
- RULE
4. Appeal as of Right—When Taken
(A) Time for appeal
(B) Exceptions
(1) Multiple or cross appeals
(2) Civil or juvenile post-judgment motion
(3) Criminal post-judgment motion
(4) Appeal by prosecution
(5) Partial final judgment or order
(C) Premature notice of appeal
(D) Definition of "entry" or "entered"
- RULE
5. Appeals by Leave of Court in Criminal Cases
(A) Motion by defendant for delayed appeal
(1) After the expiration of the thirty day period
(a) Criminal
proceedings
(b) Delinquency
proceedings
(c) Serious youthful
offender proceedings
(2) A motion
for leave to appeal
(B) Motion to
reopen appellate proceedings
(C) Motion by
prosecution for leave to appeal
(D)(1) Motion by defendant for leave to appeal consecutive
sentences pursuant to R.C. 2953.08(C)
(D)(2) Leave to appeal consecutive sentences incorporated
into appeal as of right
(E) Determination of the motion
(F) Order and procedure following determination
- RULE
6. Concurrent Jurisdiction in Criminal Actions
- RULE
7. Stay or Injunction Pending Appeal—Civil and Juvenile
Actions
(A) Stay must ordinarily be sought in the first instance in
trial court; motion for stay in court of appeals
(B) Stay may be conditioned upon giving of bond; proceedings
against sureties
(C) Stay in juvenile actions
- RULE
8. Bail and Suspension of Execution of Sentence in Criminal
Cases
(A) Discretionary right of court to release pending appeal
(B) Release on bail and suspension of execution of sentence
pending appeal from a judgment of conviction
- RULE
9. The Record on Appeal
(A) Composition of the record on appeal
(B) The transcript of proceedings; duty of appellant to order;
notice to appellee if partial transcript is ordered
(C) Statement of the evidence or proceedings when no report
was made or when the transcript is unavailable
(D) Agreed statement as the record on appeal
(E) Correction or modification of the record
- RULE
10. Transmission of the Record
(A) Time for transmission; duty of appellant
(B) Duty of clerk to transmit the record
(C) Extension of time for transmission of the record; reduction
of time
(D) Retention of the record in the trial court by order of
the court
(E) Stipulation of parties that parts of the record be retained
in the trial court
(F) Record for preliminary hearing in the court of appeals
(G) Transmission of the record when leave to appeal obtained
- RULE
11. Docketing the Appeal; Filing of the Record
(A) Docketing the appeal
(B) Filing of the record
(C) Dismissal for failure of appellant to cause timely transmission
of record
(D) Leave to appeal
- RULE
11.1. Accelerated Calendar
(A) Applicability
(B) Record
(C) Briefs
(D) Oral argument
(E) Determination and judgment on appeal
- RULE
11.2. Expedited Appeals
(A) Applicability
(B) Abortion-related appeals from juvenile courts
(1) Applicability
(2) General rule of expedition
(3) Processing appeal
(4) Confidentiality
(5) Judgment entry
(6) Release of records
(7) Notice and hearing before release of opinion
(8) Form 25-A
(C) Adoption and parental rights appeals
(1) Applicability
(2) Record
(3) Briefs
(4) Oral argument
(5) Entry of judgment
(D) Dependent, abused, neglected, unruly, or delinquent child
appeals
- RULE
12. Determination and Judgment on Appeal
(A) Determination
(B) Judgment as a matter of law
(C) Judgment in civil action or proceeding when sole prejudicial
error found is that judgment of trial court is against the
manifest weight of the evidence
(D) All other cases
TITLE
III. GENERAL PROVISIONS
TITLE
I
APPLICABILITY OF RULES
RULE
1. Scope of rules
(A) These rules
govern procedure in appeals to courts of appeals from the trial
courts of record in Ohio.
(B) Procedure in
appeals to courts of appeals from the board of tax appeals shall
be as provided by law, except that App. R. 13 to 33 shall be
applicable to those appeals.
(C) Procedures in
appeals to courts of appeals from juvenile courts pursuant to
section 2505.073 of the Revised Code shall be as provided by
that section, except that these rules govern to the extent that
the rules do not conflict with that section.
(Amended, effective
July 1, 1994)
Return
to top
Rule
2. Law and fact appeals abolished
Appeals on questions
of law and fact are abolished.
Return
to top
TITLE
II
APPEALS FROM JUDGMENTS AND ORDERS OF COURT OF RECORD
Rule
3. Appeal as of right—how taken
(A) Filing the
notice of appeal. An appeal as of right shall be taken
by filing a notice of appeal with the clerk of the trial court
within the time allowed by Rule 4. Failure of an appellant to
take any step other than the timely filing of a notice of appeal
does not affect the validity of the appeal, but is ground only
for such action as the court of appeals deems appropriate, which
may include dismissal of the appeal. Appeals by leave of court
shall be taken in the manner prescribed by Rule 5.
(B) Joint or
consolidated appeals. If two or more persons are entitled
to appeal from a judgment or order of a trial court and their
interests are such as to make joinder practicable, they may
file a joint notice of appeal, or may join in appeal after filing
separate timely notices of appeal, and they may thereafter proceed
on appeal as a single appellant. Appeals may be consolidated
by order of the court of appeals upon its own motion or upon
motion of a party, or by stipulation of the parties to the several
appeals.
(C) Cross appeal.
(1) Cross appeal
required. A person who intends to defend a judgment or order
against an appeal taken by an appellant and who also seeks to
change the judgment or order or, in the event the judgment or
order may be reversed or modified, an interlocutory ruling merged
into the judgment or order, shall file a notice of cross appeal
within the time allowed by App.R. 4.
(2) Cross appeal
not required. A person who intends to defend a judgment
or order appealed by an appellant on a ground other than that
relied on by the trial court but who does not seek to change
the judgment or order is not required to file a notice of cross
appeal.
(D) Content of
the notice of appeal. The notice of appeal shall specify
the party or parties taking the appeal; shall designate the
judgment, order or part thereof appealed from; and shall name
the court to which the appeal is taken. The title of the case
shall be the same as in the trial court with the designation
of the appellant added, as appropriate. Form 1 in the Appendix
of Forms is a suggested form of a notice of appeal.
(E) Service of
the notice of appeal. The clerk of the trial court shall
serve notice of the filing of a notice of appeal and, where
required by local rule, a docketing statement, by mailing, or
by facsimile transmission, a copy to counsel of record of each
party other than the appellant, or, if a party is not represented
by counsel, to the party at the party's last known address.
The clerk shall mail or otherwise forward a copy of the notice
of appeal and of the docket entries, together with a copy of
all filings by appellant pursuant to App. R. 9(B), to the clerk
of the court of appeals named in the notice. The clerk shall
note on each copy served the date on which the notice of appeal
was filed. Failure of the clerk to serve notice shall not affect
the validity of the appeal. Service shall be sufficient notwithstanding
the death of a party or a party's counsel. The clerk shall note
in the docket the names of the parties served, the date served,
and the means of service.
(F) Amendment
of the notice of appeal. The court of appeals within its
discretion and upon such terms as are just may allow the amendment
of a timely filed notice of appeal.
(G) Docketing
statement. If a court of appeals has adopted an accelerated
calendar by local rule pursuant to Rule 11.1, a docketing statement
shall be filed with the clerk of the trial court with the notice
of appeal. (See Form 2, Appendix of Forms.)
The purpose of the
docketing statement is to determine whether an appeal will be
assigned to the accelerated or the regular calendar.
A case may be assigned
to the accelerated calendar if any of the following apply:
(1) No transcript
is required (e.g. summary judgment or judgment on the pleadings);
(2) The length of
the transcript is such that its preparation time will not be
a source of delay;
(3) An agreed statement
is submitted in lieu of the record;
(4) The record was
made in an administrative hearing and filed with the trial court;
(5) All parties
to the appeal approve an assignment of the appeal to the accelerated
calendar; or
(6) The case has
been designated by local rule for the accelerated calendar.
The court of appeals
by local rule may assign a case to the accelerated calendar
at any stage of the proceeding. The court of appeals may provide
by local rule for an oral hearing before a full panel in order
to assist it in determining whether the appeal should be assigned
to the accelerated calendar.
Upon motion of appellant
or appellee for a procedural order pursuant to App. R. 15(B)
filed within seven days after the notice of appeal is filed
with the clerk of the trial court, a case may be removed for
good cause from the accelerated calendar and assigned to the
regular calendar. Demonstration of a unique issue of law which
will be of substantial precedential value in the determination
of similar cases will ordinarily be good cause for transfer
to the regular calendar.
(Amended, effective
July 1, 1972; July 1, 1977; July 1, 1982; July 1, 1991; July
1, 1992; July 1, 1994)
Return
to top
RULE
4. Appeal as of right—when taken
(A) Time for
appeal. A party shall file the notice of appeal required
by App.R. 3 within thirty days of the later of entry of the
judgment or order appealed or, in a civil case, service of the
notice of judgment and its entry if service is not made on the
party within the three day period in Rule 58(B) of the Ohio
Rules of Civil Procedure.
(B) Exceptions.
The following are exceptions to the appeal time period in division
(A) of this rule:
(1) Multiple
or cross appeals. If a notice of appeal is timely filed
by a party, another party may file a notice of appeal within
the appeal time period otherwise prescribed by this rule or
within ten days of the filing of the first notice of appeal.
(2) Civil or
juvenile post-judgment motion. In a civil case or juvenile
proceeding, if a party files a timely motion for judgment under
Civ.R. 50(B), a new trial under Civ.R. 59(B), vacating or modifying
a judgment by an objection to a magistrate's decision under
Civ.R. 53(E)(4)(c) or Rule 40(E)(4)(c) of the Ohio Rules of
Juvenile Procedure, or findings of fact and conclusions of law
under Civ.R. 52, the time for filing a notice of appeal begins
to run as to all parties when the order disposing of the motion
is entered.
(3) Criminal
post-judgment motion. In a criminal case, if a party timely
files a motion for arrest of judgment or a new trial for a reason
other than newly discovered evidence, the time for filing a
notice of appeal begins to run when the order denying the motion
is entered. A motion for a new trial on the ground of newly
discovered evidence made within the time for filing a motion
for a new trial on other grounds extends the time for filing
a notice of appeal from a judgment of conviction in the same
manner as a motion on other grounds. If made after the expiration
of the time for filing a motion on other grounds, the motion
on the ground of newly discovered evidence does not extend the
time for filing a notice of appeal.
(4) Appeal by
prosecution. In an appeal by the prosecution under Crim.
R. 12(K) or Juv. R. 22(F), the prosecution shall file a notice
of appeal within seven days of entry of the judgment or order
appealed.
(5) Partial final
judgment or order. If an appeal is permitted from a judgment
or order entered in a case in which the trial court has not
disposed of all claims as to all parties, other than a judgment
or order entered under Civ.R. 54(B), a party may file a notice
of appeal within thirty days of entry of the judgment or order
appealed or the judgment or order that disposes of the remaining
claims. Division (A) of this rule applies to a judgment or order
entered under Civ.R. 54(B).
(C) Premature
notice of appeal. A notice of appeal filed after the announcement
of a decision, order, or sentence but before entry of the judgment
or order that begins the running of the appeal time period is
treated as filed immediately after the entry.
(D) Definition
of "entry" or "entered". As used in this rule, "entry" or
"entered" means when a judgment or order is entered under Civ.R.
58(A) or Crim.R. 32(C).
(Amended, effective
July 1, 1972; July 1, 1985; July 1, 1989; July 1, 1992; July
1, 1996; July 1, 2002)
Return
to top
RULE
5. Appeals by leave of court in criminal cases
(A) Motion by
defendant for delayed appeal.
(1)
After the expiration of the thirty day period provided by App.
R. 4(A) for the filing of a notice of appeal as of right, an
appeal may be taken by a defendant with leave of the court to
which the appeal is taken in the following classes of cases:
(a)
Criminal proceedings;
(b)
Delinquency proceedings; and
(c)
Serious youthful offender proceedings.
(2)
A motion for leave to appeal shall be filed with the court of
appeals and shall set forth the reasons for the failure of the
appellant to perfect an appeal as of right. Concurrently with
the filing of the motion, the movant shall file with the clerk
of the trial court a notice of appeal in the form prescribed
by App. R. 3 and shall file a copy of the notice of the appeal
in the court of appeals. The movant also shall furnish an additional
copy of the notice of appeal and a copy of the motion for leave
to appeal to the clerk of the court of appeals who shall serve
the notice of appeal and the motions upon the prosecuting attorney.
(B)
Motion to reopen appellate proceedings. If a federal
court grants a conditional writ of habeas corpus upon a claim
that a defendant's constitutional rights were violated during
state appellate proceedings terminated by a final judgment,
a motion filed by the defendant or on behalf of the state to
reopen the appellate proceedings may be granted by leave of
the court of appeals that entered the judgment. The motion shall
be filed with the clerk of the court of appeals within forty-five
days after the conditional writ is granted. A certified copy
of the conditional writ and any supporting opinion shall be
filed with the motion. The clerk shall serve a copy of a defendant's
motion on the prosecuting attorney.
(C)
Motion by prosecution for leave to appeal. When leave
is sought by the prosecution from the court of appeals to appeal
a judgment or order of the trial court, a motion for leave to
appeal shall be filed with the court of appeals within thirty
days from the entry of the judgment and order sought to be appealed
and shall set forth the errors that the movant claims occurred
in the proceedings of the trial court. The motion shall be accompanied
by affidavits, or by the parts of the record upon which the
movant relies, to show the probability that the errors claimed
did in fact occur, and by a brief or memorandum of law in support
of the movant's claims. Concurrently with the filing of the
motion, the movant shall file with the clerk of the trial court
a notice of appeal in the form prescribed by App. R. 3 and file
a copy of the notice of appeal in the court of appeals. The
movant also shall furnish a copy of the motion and a copy of
the notice of appeal to the clerk of the court of appeals who
shall serve the notice of appeal and a copy of the motion for
leave to appeal upon the attorney for the defendant who, within
thirty days from the filing of the motion, may file affidavits,
parts of the record, and brief or memorandum of law to refute
the claims of the movant.
(D)(1)
Motion by defendant for leave to appeal consecutive sentences
pursuant to R.C. 2953.08(C). When leave is sought from
the court of appeals for leave to appeal consecutive sentences
pursuant to R.C. 2953.08(C), a motion for leave to appeal shall
be filed with the court of appeals within thirty days from the
entry of the judgment and order sought to be appealed and shall
set forth the reason why the consecutive sentences exceed the
maximum prison term allowed. The motion shall be accompanied
by a copy of the judgment and order stating the sentences imposed
and stating the offense of which movant was found guilty or
to which movant pled guilty. Concurrently with the filing of
the motion, the movant shall file with the clerk of the trial
court a notice of appeal in the form prescribed by App.R. 3
and file a copy of the notice of appeal in the court of appeals.
The movant also shall furnish a copy of the notice of appeal
and a copy of the motion to the clerk of the court of appeals
who shall serve the notice of appeal and the motion upon the
prosecuting attorney.
(D)(2)
Leave to appeal consecutive sentences incorporated into appeal
as of right. When a criminal defendant has filed a
notice of appeal pursuant to App.R. 4, the defendant may elect
to incorporate in defendant's initial appellate brief an assignment
of error pursuant to R.C. 2953.08(C), and this assignment of
error shall be deemed to constitute a timely motion for leave
to appeal pursuant to R.C. 2953.08(C).
(E)
Determination of the motion. Except when required by
the court the motion shall be determined by the court of appeals
on the documents filed without formal hearing or oral argument.
(F)
Order and procedure following determination. Upon determination
of the motion, the court shall journalize its order and the
order shall be filed with the clerk of the court of appeals,
who shall certify a copy of the order and mail or otherwise
forward the copy to the clerk of the trial court. If the motion
for leave to appeal is overruled, except as to motions for leave
to appeal filed by the prosecution, the clerk of the trial court
shall collect the costs pertaining to the motion, in both the
court of appeals and the trial court, from the movant. If the
motion is sustained and leave to appeal is granted, the further
procedure shall be the same as for appeals as of right in criminal
cases, except as otherwise specifically provided in these rules.
(Amended, effective
July 1, 1988; July 1, 1992; July 1, 1994; July 1, 1996; July
1, 2003)
Return
to top
RULE
6. Concurrent jurisdiction in criminal actions
(A) Whenever a trial
court and an appellate court are exercising concurrent jurisdiction
to review a judgment of conviction, and the trial court files
a written determination that grounds exist for granting a petition
for post-conviction relief, the trial court shall notify the
parties and the appellate court of that determination. On such
notification, or pursuant to a party's motion in the court of
appeals, the appellate court may remand the case to the trial
court.
(B) When an appellate
court reverses, vacates, or modifies a judgment of conviction
on direct appeal, the trial court may dismiss a petition for
post-conviction relief to the extent that it is moot. The petition
shall be reinstated pursuant to motion if the appellate court's
judgment on direct appeal is reversed, vacated, or modified
in such a manner that the petition is no longer moot.
(C) Whenever a trial
court's grant of post-conviction relief is reversed, vacated,
or modified in such a manner that the direct appeal is no longer
moot, the direct appeal shall be reinstated pursuant to statute.
Upon knowledge that a statutory reinstatement of the appeal
has occurred, the court of appeals shall enter an order journalizing
the reinstatement and providing for resumption of the appellate
process.
(D) Whenever a direct
appeal is pending concurrently with a petition for post-conviction
relief or a review of the petition in any court, each party
shall include, in any brief, memorandum, or motion filed, a
list of case numbers of all actions and appeals, and the court
in which they are pending, regarding the same judgment of conviction.
(Effective July
1, 1997)
Return
to top
RULE
7. Stay of injunction pending appeal—civil and juvenile
actions
(A) Stay must
ordinarily be sought in the first instance in trial court; motion
for stay in court of appeals. Application for a stay of
the judgment or order of a trial court pending appeal, or for
the determination of the amount of and the approval of a supersedeas
bond, must ordinarily be made in the first instance in the trial
court. A motion for such relief or for an order suspending,
modifying, restoring or granting an injunction during the pendency
of an appeal may be made to the court of appeals or to a judge
thereof, but, except in cases of injunction pending appeal,
the motion shall show that application to the trial court for
the relief sought is not practicable, or that the trial court
has, by journal entry, denied an application or failed to afford
the relief which the applicant requested. The motion shall also
show the reasons for the relief requested and the facts relied
upon, and if the facts are subject to dispute the motion shall
be supported by affidavits or other sworn statements or copies
thereof. With the motion shall be filed such parts of the record
as are relevant and as are reasonably available at the time
the motion is filed. Reasonable notice of the motion and the
intention to apply to the court shall be given by the movant
to all parties. The motion shall be filed with the clerk of
the court of appeals and normally will be considered by at least
two judges of the court, but in exceptional cases where the
attendance of two judges of the court would be impracticable
due to the requirements of time, the application may be made
to and considered by a single judge of the court on reasonable
notice to the adverse party, provided, however, that when an
injunction is appealed from it shall be suspended only by order
of at least two of the judges of the court of appeals, on reasonable
notice to the adverse party.
(B) Stay may
be conditioned upon giving of bond; proceedings against sureties.
Relief available in the court of appeals under this rule
may be conditioned upon the filing of a bond or other appropriate
security in the trial court. If security is given in the form
of a bond or stipulation or other undertaking with one or more
sureties, each surety submits himself or herself to the jurisdiction
of the trial court and irrevocably appoints the clerk of the
trial court as the surety's agent upon whom any process affecting
the surety's liability on the bond or undertaking may be served.
Subject to the limits of its monetary jurisdiction, this liability
may be enforced on motion in the trial court without the necessity
of an independent action. The motion and such notice of the
motion as the trial court prescribes may be served on the clerk
of the trial court, who shall forthwith mail copies to the sureties
if their addresses are known.
(C) Stay in juvenile
actions. No order, judgment, or decree of a juvenile court,
concerning a dependent, neglected, unruly, or delinquent child,
shall be stayed upon appeal, unless suitable provision is made
for the maintenance, care, and custody of the dependent, neglected,
unruly, or delinquent child pending the appeal.
(Amended, effective
July 1, 1973; July 1, 2001)
Return
to top
RULE
8. Bail and suspension of execution of sentence in criminal
cases
(A) Discretionary
right of court to release pending appeal. The discretionary
right of the trial court or the court of appeals to admit a
defendant in a criminal action to bail and to suspend the execution
of his sentence during the pendency of his appeal is as prescribed
by law.
(B) Release on
bail and suspension of execution of sentence pending appeal
from a judgment of conviction. Application for release on
bail and for suspension of execution of sentence after a judgment
of conviction shall be made in the first instance in the trial
court. Thereafter, if such application is denied, a motion for
bail and suspension of execution of sentence pending review
may be made to the court of appeals or to two judges thereof.
The motion shall be determined promptly upon such papers, affidavits,
and portions of the record as the parties shall present and
after reasonable notice to the appellee.
(Amended, effective
July 1, 1975)
Return
to top
RULE
9. The record on appeal
(A) Composition
of the record on appeal. The original papers and exhibits
thereto filed in the trial court, the transcript of proceedings,
if any, including exhibits, and a certified copy of the docket
and journal entries prepared by the clerk of the trial court
shall constitute the record on appeal in all cases. A videotape
recording of the proceedings constitutes the transcript of proceedings
other than hereinafter provided, and, for purposes of filing,
need not be transcribed into written form. Proceedings recorded
by means other than videotape must be transcribed into written
form. When the written form is certified by the reporter in
accordance with App. R. 9(B), such written form shall then constitute
the transcript of proceedings. When the transcript of proceedings
is in the videotape medium, counsel shall type or print those
portions of such transcript necessary for the court to determine
the questions presented, certify their accuracy, and append
such copy of the portions of the transcripts to their briefs.
In all capital cases the trial proceedings shall include a written
transcript of the record made during the trial by stenographic
means.
(B) The transcript
of proceedings; duty of appellant to order; notice to appellee
if partial transcript is ordered. At the time of filing
the notice of appeal the appellant, in writing, shall order
from the reporter a complete transcript or a transcript of the
parts of the proceedings not already on file as the appellant
considers necessary for inclusion in the record and file a copy
of the order with the clerk. The reporter is the person appointed
by the court to transcribe the proceedings for the trial court
whether by stenographic, phonogramic, or photographic means,
by the use of audio electronic recording devices, or by the
use of video recording systems. If there is no officially appointed
reporter, App.R. 9(C) or 9(D) may be utilized. If the appellant
intends to urge on appeal that a finding or conclusion is unsupported
by the evidence or is contrary to the weight of the evidence,
the appellant shall include in the record a transcript of all
evidence relevant to the findings or conclusion.
Unless the entire
transcript is to be included, the appellant, with the notice
of appeal, shall file with the clerk of the trial court and
serve on the appellee a description of the parts of the transcript
that the appellant intends to include in the record, a statement
that no transcript is necessary, or a statement that a statement
pursuant to either App.R. 9(C) or 9(D) will be submitted, and
a statement of the assignments of error the appellant intends
to present on the appeal. If the appellee considers a transcript
of other parts of the proceedings necessary, the appellee, within
ten days after the service of the statement of the appellant,
shall file and serve on the appellant a designation of additional
parts to be included. The clerk of the trial court shall forward
a copy of this designation to the clerk of the court of appeals.
If the appellant
refuses or fails, within ten days after service on the appellant
of appellee's designation, to order the additional parts, the
appellee, within five days thereafter, shall either order the
parts in writing from the reporter or apply to the court of
appeals for an order requiring the appellant to do so. At the
time of ordering, the party ordering the transcript shall arrange
for the payment to the reporter of the cost of the transcript.
A transcript prepared
by a reporter under this rule shall be in the following form:
(1) The transcript
shall include a front and back cover; the front cover shall
bear the title and number of the case and the name of the court
in which the proceedings occurred;
(2) The transcript
shall be firmly bound on the left side;
(3) The first page
inside the front cover shall set forth the nature of the proceedings,
the date or dates of the proceedings, and the judge or judges
who presided;
(4) The transcript
shall be prepared on white paper eight and one-half inches by
eleven inches in size with the lines of each page numbered and
the pages sequentially numbered;
(5) An index of
witnesses shall be included in the front of the transcript and
shall contain page and line references to direct, cross, re-direct,
and re-cross examination;
(6) An index to
exhibits, whether admitted or rejected, briefly identifying
each exhibit, shall be included following the index to witnesses
reflecting the page and line references where the exhibit was
identified and offered into evidence, was admitted or rejected,
and if any objection was interposed;
(7) Exhibits such
as papers, maps, photographs, and similar items that were admitted
shall be firmly attached, either directly or in an envelope
to the inside rear cover, except as to exhibits whose size or
bulk makes attachment impractical; documentary exhibits offered
at trial whose admission was denied shall be included in a separate
envelope with a notation that they were not admitted and also
attached to the inside rear cover unless attachment is impractical;
(8) No volume of
a transcript shall exceed two hundred and fifty pages in length,
except it may be enlarged to three hundred pages, if necessary,
to complete a part of the voir dire, opening statements, closing
arguments, or jury instructions; when it is necessary to prepare
more than one volume, each volume shall contain the number and
name of the case and be sequentially numbered, and the separate
volumes shall be approximately equal in length.
The reporter shall
certify the transcript as correct, whether in written or videotape
form, and state whether it is a complete or partial transcript,
and, if partial, indicate the parts included and the parts excluded.
If the proceedings
were recorded in part by videotape and in part by other media,
the appellant shall order the respective parts from the proper
reporter. The record is complete for the purposes of appeal
when the last part of the record is filed with the clerk of
the trial court.
(C) Statement
of the evidence or proceedings when no report was made or when
the transcript is unavailable. If no report of the evidence
or proceedings at a hearing or trial was made, or if a transcript
is unavailable, the appellant may prepare a statement of the
evidence or proceedings from the best available means, including
the appellant's recollection. The statement shall be served
on the appellee no later than twenty days prior to the time
for transmission of the record pursuant to App.R. 10, who may
serve objections or propose amendments to the statement within
ten days after service. The statement and any objections or
proposed amendments shall be forthwith submitted to the trial
court for settlement and approval. The trial court shall act
prior to the time for transmission of the record pursuant to
App.R. 10, and, as settled and approved, the statement shall
be included by the clerk of the trial court in the record on
appeal.
(D) Agreed statement
as the record on appeal. In lieu of the record on appeal
as defined in division (A) of this rule, the parties, no later
than ten days prior to the time for transmission of the record
pursuant to App.R. 10, may prepare and sign a statement of the
case showing how the issues presented by the appeal arose and
were decided in the trial court and setting forth only so many
of the facts averred and proved or sought to be proved as are
essential to a decision of the issues presented. If the statement
conforms to the truth, it, together with additions as the trial
court may consider necessary to present fully the issues raised
by the appeal, shall be approved by the trial court prior to
the time for transmission of the record pursuant to App.R. 10
and shall then be certified to the court of appeals as the record
on appeal and transmitted to the court of appeals by the clerk
of the trial court within the time provided by App.R. 10.
(E) Correction
or modification of the record. If any difference arises
as to whether the record truly discloses what occurred in the
trial court, the difference shall be submitted to and settled
by that court and the record made to conform to the truth. If
anything material to either party is omitted from the record
by error or accident or is misstated therein, the parties by
stipulation, or the trial court, either before or after the
record is transmitted to the court of appeals, or the court
of appeals, on proper suggestion or of its own initiative, may
direct that the omission or misstatement be corrected, and if
necessary that a supplemental record be certified and transmitted.
All other questions as to the form and content of the record
shall be presented to the court of appeals.
(Amended, effective
July 1, 1977; July 1, 1978; July 1, 1988; July 1, 1992)
Return
to top
RULE
10. Transmission of the record
(A) Time for
transmission; duty of appellant. The record on appeal, including
the transcript and exhibits necessary for the determination
of the appeal, shall be transmitted to the clerk of the court
of appeals when the record is complete for the purposes of appeal,
or when forty days, which is reduced to twenty days for an accelerated
calendar case, have elapsed after the filing of the notice of
appeal and no order extending time has been granted under subdivision
(C). After filing the notice of appeal the appellant shall comply
with the provisions of Rule 9(B) and shall take any other action
necessary to enable the clerk to assemble and transmit the record.
If more than one appeal is taken, each appellant shall comply
with the provisions of Rule 9(B) and this subdivision, and a
single record shall be transmitted when forty days have elapsed
after the filing of the final notice of appeal.
(B) Duty of clerk
to transmit the record. The clerk of the trial court shall
prepare the certified copy of the docket and journal entries,
assemble the original papers, (or in the instance of an agreed
statement of the case pursuant to Rule 9(D), the agreed statement
of the case), and transmit the record upon appeal to the clerk
of the court of appeals within the time stated in subdivision
(A). The clerk of the trial court shall number the documents
comprising the record and shall transmit with the record a list
of the documents correspondingly numbered and identified with
reasonable definiteness. Documents of unusual bulk or weight
and physical exhibits other than documents shall not be transmitted
by the clerk unless he is directed to do so by a party or by
the clerk of the court of appeals. A party must make advance
arrangements with the clerks for the transportation and receipt
of exhibits of unusual bulk or weight.
Transmission of
the record is effected when the clerk of the trial court mails
or otherwise forwards the record to the clerk of the court of
appeals. The clerk of the trial court shall indicate, by endorsement
on the face of the record or otherwise, the date upon which
it is transmitted to the court of appeals and shall note the
transmission on the appearance docket.
The record shall
be deemed to be complete for the purposes of appeal under the
following circumstances:
(1) When the transcript
of proceedings is filed with the clerk of the trial court.
(2) When a statement
of the evidence or proceedings, pursuant to Rule 9(C), is settled
and approved by the trial court, and filed with the clerk of
the trial court.
(3) When an agreed
statement in lieu of the record, pursuant to Rule 9(D), is approved
by the trial court, and filed with the clerk of the trial court.
(4) Where appellant,
pursuant to Rule 9(B), designates that no part of the transcript
of proceedings is to be included in the record or that no transcript
is necessary for appeal, after the expiration of ten days following
service of such designation upon appellee, unless appellee has
within such time filed a designation of additional parts of
the transcript to be included in the record.
(5) When forty days
have elapsed after filing of the last notice of appeal, and
there is no extension of time for transmission of the record.
(6) When twenty
days have elapsed after filing of the last notice of appeal
in an accelerated calendar case, and there is no extension of
time for transmission of the record.
(7) Where the appellant
fails to file either the docketing statement or the statement
required by App. R. 9(B), ten days after filing the notice of
appeal.
(C) Extension
of time for transmission of the record; reduction of time.
Except as may be otherwise provided by local rule adopted by
the court of appeals pursuant to Rule 30, the trial court for
cause shown set forth in the order may extend the time for transmitting
the record. The clerk shall certify the order of extension to
the court of appeals. A request for extension to the trial court
and a ruling by the trial court must be made within the time
originally prescribed or within an extension previously granted.
If the trial court is without authority to grant the relief
sought, by operation of this rule or local rule, or has denied
a request therefor, the court of appeals may on motion for cause
shown extend the time for transmitting the record or may permit
the record to be transmitted and filed after the expiration
of the time allowed or fixed. If a request for an extension
of time for transmitting the record has been previously denied,
the motion shall set forth the denial and shall state the reasons
therefor, if any were given. The court of appeals may require
the record to be transmitted and the appeal to be docketed at
any time within the time otherwise fixed or allowed therefor.
(D) Retention
of the record in the trial court by order of court. If the
record or any part thereof is required in the trial court for
use there pending the appeal, the trial court may make an order
to that effect, and the clerk of the trial court shall retain
the record or parts thereof subject to the request of the court
of appeals, and shall transmit a copy of the order and of the
docket and journal entries together with such parts of the original
record as the trial court shall allow and copies of such parts
as the parties may designate.
(E) Stipulation
of parties that parts of the record be retained in the trial
court. The parties may agree by written stipulation filed
in the trial court that designated parts of the record shall
be retained in the trial court unless thereafter the court of
appeals shall order or any party shall request their transmittal.
The parts thus designated shall nevertheless be a part of the
record on appeal for all purposes.
(F) Record for
preliminary hearing in the court of appeals. If prior to
the time the record is transmitted a party desires to make in
the court of appeals a motion for dismissal, for release, for
a stay pending appeal, for additional security on the bond on
appeal or on a supersedeas bond, or for any intermediate order,
the clerk of the trial court at the request of any party shall
transmit to the court of appeals such parts of the original
record as any party shall designate.
(G) Transmission
of the record when leave to appeal obtained. In all cases
where leave to appeal must first be obtained all time limits
for the preparation and transmission of the record hereinbefore
set forth shall run from the filing of the journal entry of
the court of appeals granting such leave rather than from the
filing of the notice of appeal.
(Amended, effective
July 1, 1972; July 1, 1973; July 1, 1975; July 1, 1976; July
1, 1977; July 1, 1982)
Return
to top
RULE
11. Docketing the appeal; filing of the record
(A) Docketing
the appeal. Upon receiving a copy of the notice of appeal,
as provided in App.R. 3(D) and App.R. 5, the clerk of the court
of appeals shall enter the appeal upon the docket. An appeal
shall be docketed under the title given to the action in the
trial court, with the appellant identified as such, but if the
title does not contain the name of the appellant, the appellant's
name, identified as appellant, shall be added parenthetically
to the title.
(B) Filing of
the record. Upon receipt of the record, the clerk shall
file the record, and shall immediately give notice to all parties
of the date on which the record was filed. When a trial court
is exercising concurrent jurisdiction to review a judgment of
conviction pursuant to a petition for post-conviction relief,
the clerk shall either make a duplicate record and send it to
the clerk of the trial court or arrange for each court to have
access to the original record.
(C) Dismissal
for failure of appellant to cause timely transmission of record.
If the appellant fails to cause timely transmission of the
record, any appellee may file a motion in the court of appeals
to dismiss the appeal. The motion shall be supported by a certificate
of the clerk of the trial court showing the date and substance
of the judgment or order from which the appeal was taken, the
date on which the notice of appeal was filed, the expiration
date of any order extending the time for transmitting the record,
and by proof of service. The appellant may respond within ten
days of such service.
(D) Leave to
appeal. In all cases where leave to appeal must first be
obtained the docketing of the appeal by the clerk of the court
of appeals upon receiving a copy of the notice of appeal filed
in the trial court shall be deemed conditional and subject to
such leave being granted.
(Amended, effective
July 1, 1975; July 1, 1997)
Return
to top
RULE
11.1 Accelerated calendar
(A) Applicability.
If a court of appeals has adopted an accelerated calendar
by local rule, cases designated by its rule shall be placed
on an accelerated calendar. The Ohio Rules of Appellate Procedure
shall apply with the modifications or exceptions set forth in
this rule. The accelerated calendar is designed to provide a
means to eliminate delay and unnecessary expense in effecting
a just decision on appeal by the recognition that some cases
do not require as extensive or time consuming procedure as others.
(B) Record. The
record on appeal, including the transcripts and the exhibits
necessary for the determination of the appeal, shall be transmitted
to the clerk of the court of appeals as provided by App. R.
10.
(C) Briefs.
Briefs shall be in the form specified by App. R. 16. Appellant
shall serve and file his brief within fifteen days after the
date on which the record is filed. The appellee shall serve
and file his brief within fifteen days after service of the
brief of the appellant. Reply briefs shall not be filed unless
ordered by the court.
(D) Oral argument.
Oral argument will apply as provided by App. R. 21. If oral
argument is waived, the case will be submitted to the court
for disposition upon filing of appellee's brief.
(E) Determination
and judgment on appeal. The appeal will be determined as
provided by App. R. 11.1. It shall be sufficient compliance
with App. R. 12(A) for the statement of the reason for the court's
decision as to each error to be in brief and conclusionary form.
The decision may be by judgment entry in which case it will
not be published in any form. (See Form 3, Appendix of Forms.)
(Effective July
1, 1982)
Return
to top
RULE
11.2 Expedited Appeals
(A) Applicability.
Appeals in actions described in this rule shall be expedited
and given calendar priority over all other cases, including
criminal and administrative appeals. The Ohio Rules of Appellate
Procedure shall apply with the modifications or exceptions set
forth in this rule.
(B) Abortion-related
appeals from juvenile courts
(1) Applicability.
App. R. 11.2(B) shall govern appeals pursuant to sections 2151.85,
2505.073, and 2919.121 of the Revised Code.
(2) General rule
of expedition. If an appellant files her notice of appeal
on the same day as the dismissal of her complaint or petition
by the juvenile court, the entire court process, including the
juvenile court hearing, appeal, and decision, shall be completed
in sixteen calendar days from the time the original complaint
or petition was filed.
(3) Processing
appeal.
(a) Immediately
after the notice of appeal has been filed by the appellant,
the clerk of the juvenile court shall notify the court of appeals.
Within four days after the notice of appeal is filed in juvenile
court, the clerk of the juvenile court shall deliver a copy
of the notice of appeal and the record, except page two of the
complaint or petition, to the clerk of the court of appeals
who immediately shall place the appeal on the docket of the
court of appeals.
(b) Record of all
testimony and other oral proceedings in actions pursuant to
sections 2151.85 or 2919.121 of the Revised Code may be made
by audio recording. If the testimony is on audio tape and a
transcript cannot be prepared timely, the court of appeals shall
accept the audio tape as the transcript in this case without
prior transcription. The juvenile court shall ensure that the
court of appeals has the necessary equipment to listen to the
audio tape.
(c) The appellant
under division (B) of this rule shall file her brief within
four days after the appeal is docketed. Unless waived, the oral
argument shall be within five days after docketing. Oral arguments
must be closed to the public and exclude all persons except
the appellant, her attorney, her guardian ad litem, and essential
court personnel.
(d) Under division
(B) of this rule, "days" means calendar days and includes any
intervening Saturday, Sunday, or legal holiday. To provide full
effect to the expedition provision of the statute, if the last
day on which a judgment is required to be entered falls on a
Saturday, Sunday, or legal holiday, the computation of days
shall not be extended and judgment shall be made either on the
last business day before the Saturday, Sunday, or legal holiday,
or on the Saturday, Sunday, or legal holiday.
(4) Confidentiality.
All proceedings in appeals governed by App. R. 11.2(B) shall
be conducted in a manner that will preserve the anonymity of
the appellant. Except as set forth in App. R. 11.2(B)(6) and
(7), all papers and records that pertain to the appeal shall
be kept confidential.
(5) Judgment
entry. The court shall enter judgment immediately after
conclusion of oral argument or, if oral argument is waived,
within five days after the appeal is docketed.
(6) Release of
records. The public is entitled to secure all of the following
from the records pertaining to appeals governed by App. R. 11.2(B):
(a) the docket number;
(b) the name of
the judge;
(c) the judgment
entry and, if appropriate, a properly redacted opinion.
Opinions shall set
forth the reasoning in support of the decision in a way that
does not directly or indirectly compromise the anonymity of
the appellant. Opinions written in compliance with this requirement
shall be considered public records available upon request. If,
in the judgment of the court, it is impossible to release an
opinion without compromising the anonymity of the appellant,
the entry that journalizes the outcome of the case shall include
a specific finding that no opinion can be written without disclosing
the identity of the appellant. Such finding shall be a matter
of public record. It is the obligation of the court to remove
any and all information in its opinion that would directly or
indirectly disclose the identity of the appellant.
(7) Notice and
hearing before release of opinion. After an opinion is written
and before it is available for release to the public, the appellant
must be notified and be given the option to appear and argue
at a hearing if she believes the opinion may disclose her identity.
Notice may be provided by including the following language in
the opinion:
If appellant believes
that this opinion may disclose her identity, appellant has the
right to appear and argue at a hearing before this court. Appellant
may perfect this right to a hearing by filing a motion for a
hearing within fourteen days of the date of this opinion.
The clerk is instructed
that this opinion is not to be made available for release until
either of the following:
(a) Twenty-one days
have passed since the date of the opinion and appellant has
not filed a motion;
(b) If appellant
has filed a motion, after this court has ruled on the motion.
Notice shall be
provided by mailing a copy of the opinion to the attorney for
the appellant or, if she is not represented, to the address
provided by appellant for receipt of notice.
(8) Form 25-A.
Upon request of the appellant or her attorney, the clerk
shall verify on Form 25-A, as provided in the Rules of Superintendence,
the date the appeal was docketed and whether a judgment has
been entered within five days of that date. The completed form
shall include the case number from the juvenile court and the
court of appeals, and shall be filed and included as part of
the record. A date-stamped copy shall be provided to the appellant
or her attorney.
(C) Adoption
and parental rights appeals.
(1) Applicability.
Appeals from orders granting or denying adoption of a minor
child or from orders granting or denying termination of parental
rights shall be given priority over all cases except those governed
by App. R. 11.2(B).
(2) Record.
Preparation of the record, including the transcripts and exhibits
necessary for determination of the appeal, shall be given priority
over the preparation and transmission of the records in all
cases other than those governed by App. R. 11.2(B).
(3) Briefs. Extensions
of time for filing briefs shall not be granted except in the
most unusual circumstances and only for the most compelling
reasons in the interest of justice.
(4) Oral argument.
After briefs have been filed, the case shall be considered submitted
for immediate decision unless oral argument is requested or
ordered. Any oral argument shall be heard within thirty days
after the briefs have been filed.
(5) Entry of
judgment. The court shall enter judgment within thirty days
of submission of the briefs, or of the oral argument, whichever
is later, unless compelling reasons in the interest of justice
require a longer time.
(D) Dependent,
abused, neglected, unruly, or delinquent child appeals.
Appeals concerning a dependent, abused, neglected, unruly, or
delinquent child shall be expedited and given calendar priority
over all cases other than those governed by App. R. 11.2(B)
and (C).
(Effective July
1, 2000; July 1, 2001)
Return
to top
RULE
12. Determination and judgment on appeal
(A) Determination.
(1) On an undismissed
appeal from a trial court, a court of appeals shall do all of
the following:
(a) Review and affirm,
modify, or reverse the judgment or final order appealed;
(b) Determine the
appeal on its merits on the assignments of error set forth in
the briefs under App.R. 16, the record on appeal under App.R.
9, and, unless waived, the oral argument under App.R. 21;
(c) Unless an assignment
of error is made moot by a ruling on another assignment of error,
decide each assignment of error and give reasons in writing
for its decision.
(2) The court may
disregard an assignment of error presented for review if the
party raising it fails to identify in the record the error on
which the assignment of error is based or fails to argue the
assignment separately in the brief, as required under App.R.
16(A).
(B) Judgment
as a matter of law. When the court of appeals determines
that the trial court committed no error prejudicial to the appellant
in any of the particulars assigned and argued in the appellant's
brief and that the appellee is entitled to have the judgment
or final order of the trial court affirmed as a matter of law,
the court of appeals shall enter judgment accordingly. When
the court of appeals determines that the trial court committed
error prejudicial to the appellant and that the appellant is
entitled to have judgment or final order rendered in his favor
as a matter of law, the court of appeals shall reverse the judgment
or final order of the trial court and render the judgment or
final order that the trial court should have rendered, or remand
the cause to the court with instructions to render such judgment
or final order. In all other cases where the court of appeals
determines that the judgment or final order of the trial court
should be modified as a matter of law it shall enter its judgment
accordingly.
(C) Judgment
in civil action or proceeding when sole prejudicial error found
is that judgment of trial court is against the manifest weight
of the evidence. In any civil action or proceeding which
was tried to the trial court without the intervention of a jury,
and when upon appeal a majority of the judges hearing the appeal
find that the judgment or final order rendered by the trial
court is against the manifest weight of the evidence and do
not find any other prejudicial error of the trial court in any
of the particulars assigned and argued in the appellant's brief,
and do not find that the appellee is entitled to judgment or
final order as a matter of law, the court of appeals shall reverse
the judgment or final order of the trial court and either weigh
the evidence in the record and render the judgment or final
order that the trial court should have rendered on that evidence
or remand the case to the trial court for further proceedings;
provided further that a judgment shall be reversed only once
on the manifest weight of the evidence.
(D) All other
cases. In all other cases where the court of appeals finds
error prejudicial to the appellant, the judgment or final order
of the trial court shall be reversed and the cause shall be
remanded to the trial court for further proceedings.
(Amended, effective
July 1, 1973; July 1, 1992)
Return
to top
TITLE
III
GENERAL PROVISIONS
RULE
13. Filing and service
(A) Filing. Documents
required or permitted to be filed in a court of appeals shall
be filed with the clerk. Filing may be accomplished by mail
addressed to the clerk, but filing shall not be timely unless
the documents are received by the clerk within the time fixed
for filing, except that briefs shall be deemed filed on the
day of mailing. If a motion requests relief which may be granted
by a single judge, the judge may permit the motion to be filed
with the judge, in which event the judge shall note the filing
date on the motion and transmit it to the clerk. A court may
provide, by local rules adopted pursuant to the Rules of Superintendence,
for the filing of documents by electronic means. If the court
adopts such local rules, they shall include all of the following:
(1) Any signature
on electronically transmitted documents shall be considered
that of the attorney or party it purports to be for all purposes.
If it is established that the documents were transmitted without
authority, the court shall order the filing stricken.
(2) A provision
shall specify the days and hours during which electronically
transmitted documents will be received by the court, and a provision
shall specify when documents received electronically will be
considered to have been filed.
(3) Any document
filed electronically that requires a filing fee may be rejected
by the clerk of court unless the filer has complied with the
mechanism established by the court for the payment of filing
fees.
(B) Service of
all documents required. Copies of all documents filed by
any party and not required by these rules to be served by the
clerk shall, at or before the time of filing, be served by a
party or person acting for the party on all other parties to
the appeal. Service on a party represented by counsel shall
be made on counsel.
(C) Manner of
service. Service may be personal or by mail. Personal
service includes delivery of the copy to a clerk or other responsible
person at the office of counsel. Service by mail is complete
on mailing.
(D) Proof of
service. Documents presented for filing shall contain an
acknowledgment of service by the person served or proof of service
in the form of a statement of the date and manner of service
and of the names of the persons served, certified by the person
who made service. Documents filed with the court shall not be
considered until proof of service is endorsed on the documents
or separately filed.
(Amended, effective
July 1, 2001)
Return
to top
RULE
14. Computation and extension of time
(A) Computation
of time. In computing any period of time prescribed or allowed
by these rules, by the local rules of any court, by an order
of court or by any applicable statute, the day of the act, event
or default from which the designated period of time begins to
run shall not be included. The last day of the period so computed
shall be included, unless it is a Saturday, Sunday or a legal
holiday, in which event the period runs until the end of the
next day which is not a Saturday, Sunday or a legal holiday.
When the period of time prescribed or allowed is less than seven
days, intermediate Saturdays, Sundays and legal holidays shall
be excluded in the computation.
(B) Enlargement
or reduction of time. For good cause shown, the court, upon
motion, may enlarge or reduce the time prescribed by these rules
or by its order for doing any act, or may permit an act to be
done after the expiration of the prescribed time. The court
may not enlarge or reduce the time for filing a notice of appeal
or a motion to certify pursuant to App. R. 25. Enlargement of
time to file an application to reconsider pursuant to App. R.
26(A) shall not be granted except on a showing of extraordinary
circumstances.
(C) Additional
time after service by mail. Whenever a party is required
or permitted to do an act within a prescribed period after service
of a paper upon him and the paper is served by mail, three days
shall be added to the prescribed period.
(Amended, effective
July 1, 1994)
Return
to top
RULE
15. Motions
(A) Content of
motions; response; reply. Unless another form is prescribed
by these rules, an application for an order or other relief
shall be made by motion with proof of service on all other parties.
The motion shall contain or be accompanied by any matter required
by a specific provision of these rules governing such a motion,
shall state with particularity the grounds on which it is based
and shall set forth the order or relief sought. If a motion
is supported by briefs, affidavits or other papers, they shall
be served and filed with the motion. Any party may file a response
in opposition to a motion other than one for a procedural order
[for which see subdivision (B)] within ten days after service
of the motion, but motions authorized by Rule 7, Rule 8 and
Rule 27 may be acted upon after reasonable notice, and the court
may shorten or extend the time for responding to any motion.
(B) Determination
of motions for procedural orders. Motions for procedural
orders, including any motion under Rule 14(B) may be acted upon
at any time, without awaiting a response thereto. Any party
adversely affected by such action may request reconsideration,
vacation or modification of such action.
(C) Power of
a single judge to entertain motions. In addition to the
authority expressly conferred by these rules or by law, and
unless otherwise provided by rule or law, a single judge of
a court of appeals may entertain and may grant or deny any request
for relief, which under these rules may properly be sought by
motion, except that a single judge may not dismiss or otherwise
determine an appeal or other proceeding, and except that a court
of appeals may provide by order or rule that any motion or class
of motions must be acted upon by the court. The action of a
single judge may be reviewed by the court.
(D) Number of
copies. Three copies of all papers relating to motions shall
be filed with the original, but the court may require that additional
copies be furnished.
Return
to top
RULE
16. Briefs
(A) Brief of
the appellant. The appellant shall include in its brief,
under the headings and in the order indicated, all of the following:
(1) A table of contents,
with page references.
(2) A table of cases
alphabetically arranged, statutes, and other authorities cited,
with references to the pages of the brief where cited.
(3) A statement
of the assignments of error presented for review, with reference
to the place in the record where each error is reflected.
(4) A statement
of the issues presented for review, with references to the assignments
of error to which each issue relates.
(5) A statement
of the case briefly describing the nature of the case, the course
of proceedings, and the disposition in the court below.
(6) A statement
of facts relevant to the assignments of error presented for
review, with appropriate references to the record in accordance
with division (D) of this rule.
(7) An argument
containing the contentions of the appellant with respect to
each assignment of error presented for review and the reasons
in support of the contentions, with citations to the authorities,
statutes, and parts of the record on which appellant relies.
The argument may be preceded by a summary.
(8) A conclusion
briefly stating the precise relief sought.
(B) Brief of
the appellee. The brief of the appellee shall conform to
the requirements of divisions (A)(1) to (A)(8) of this rule,
except that a statement of the case or of the facts relevant
to the assignments of error need not be made unless the appellee
is dissatisfied with the statement of the appellant.
(C) Reply brief.
The appellant may file a brief in reply to the brief of the
appellee, and, if the appellee has cross-appealed, the appellee
may file a brief in reply to the response of the appellant to
the assignments of errors presented by the cross-appeal. No
further briefs may be filed except with leave of court.
(D) References
in briefs to the record. References in the briefs to parts
of the record shall be to the pages of the parts of the record
involved; e.g., Answer p. 7, Motion for Judgment p. 2, Transcript
p. 231. Intelligible abbreviations may be used. If reference
is made to evidence, the admissibility of which is in controversy,
reference shall be made to the pages of the transcript at which
the evidence was identified, offered, and received or rejected.
(E) Reproduction
of statutes, rules, regulations. If determination of the
assignments of error presented requires the consideration of
provisions of constitutions, statutes, ordinances, rules, or
regulations, the relevant parts shall be reproduced in the brief
or in an addendum at the end or may be supplied to the court
in pamphlet form.
(Amended, effective
July 1, 1972; July 1, 1992)
Return
to top
RULE
17. Brief of an amicus curiae
A brief of an amicus
curiae may be filed only if accompanied by written consent of
all parties, or by leave of court granted on motion or at the
request of the court. The brief may be conditionally filed with
the motion for leave. A motion for leave shall identify the
interest of the applicant and shall state the reasons why a
brief of an amicus curiae is desirable. Unless all parties otherwise
consent, any amicus curiae shall file its brief within the time
allowed the party whose position as to affirmance or reversal
the amicus brief will support unless the court for cause shown
shall grant leave for later filing, in which event it shall
specify within what period an opposing party may answer. A motion
of an amicus curiae to participate in the oral argument will
be granted only for extraordinary reasons.
Return
to top
RULE
18. Filing and service of briefs
(A) Time for
serving and filing briefs. Except as provided in App. R.
14(C), the appellant shall serve and file the appellant's brief
within twenty days after the date on which the clerk has mailed
the notice required by App. R. 11(B). The appellee shall serve
and file the appellee's brief within twenty days after service
of the brief of the appellant. The appellant may serve and file
a reply brief within ten days after service of the brief of
the appellee.
(B) Number of
copies to be filed and served. Four copies of each brief
shall be filed with the clerk, unless the court by order in
a particular case shall direct a different number, and one copy
shall be served on counsel for each party separately represented.
If the court by local rule adopted pursuant to App. R. 13 permits
electronic filing of court documents, then the requirement for
filing of copies with the clerk required in this division may
be waived or modified by the local rule so adopted.
(C) Consequence
of failure to file briefs. If an appellant fails to file
the appellant's brief within the time provided by this rule,
or within the time as extended, the court may dismiss the appeal.
If an appellee fails to file the appellee's brief within the
time provided by this rule, or within the time as extended,
the appellee will not be heard at oral argument except by permission
of the court upon a showing of good cause submitted in writing
prior to argument; and in determining the appeal, the court
may accept the appellant's statement of the facts and issues
as correct and reverse the judgment if appellant's brief reasonably
appears to sustain such action.
(Amended, effective
July 1, 1982; July 1, 2001)
Return
to top
RULE
19. Form of briefs and other papers
(A) Form of briefs.
Briefs may be typewritten or be produced by standard typographic
printing or by any duplicating or copying process which produces
a clear black image on white paper. Carbon copies of briefs
may not be submitted without permission of the court, except
in behalf of parties allowed to proceed in forma pauperis. All
printed matter must appear in at least a twelve point type on
opaque, unglazed paper. Briefs produced by standard typographic
process shall be bound in volumes having pages 6 1/8 by 9 1/4
inches and type matter 4 1/6 by 7 1/6 inches. Those produced
by any other process shall be bound in volumes having pages
not exceeding 8 1/2 by 11 inches and type matter not exceeding
6 1/2 by 9 1/2 inches, with double spacing between each line
of text except quoted matter which shall be single spaced. Where
necessary, briefs may be of such size as required to utilize
copies of pertinent documents.
Without prior leave
of court, no initial brief of appellant or cross-appellant and
no answer brief of appellee or cross-appellee shall exceed thirty-five
pages in length, and no reply brief shall exceed fifteen pages
in length, exclusive of the table of contents, table of cases,
statutes and other authorities cited, and appendices, if any.
A court of appeals, by local rule, may adopt shorter or longer
page limitations.
The front covers
of the briefs, if separately bound, shall contain: (1) the name
of the court and the number of the case; (2) the title of the
case [see App. R. 11(A)]; (3) the nature of the proceeding in
the court (e.g., Appeal) and the name of the court below; (4)
the title of the document (e.g., Brief for Appellant); and (5)
the names and addresses of counsel representing the party on
whose behalf the document is filed.
(B) Form of other
papers. Applications for reconsideration shall be produced
in a manner prescribed by subdivision (A). Motions and other
papers may be produced in a like manner, or they may be typewritten
upon opaque, unglazed paper 8 1/2 by 11 inches in size. Lines
of typewritten text shall be double spaced except quoted matter
which shall be single spaced. Consecutive sheets shall be attached
at the left margin. Carbon copies may be used for filing and
service if they are legible.
A motion or other
paper addressed to the court shall contain a caption setting
forth the name of the court, the title of the case, the case
number and a brief descriptive title indicating the purpose
of the paper.
(Amended, effective
July 1, 1972; July 1, 1997)
Return
to top
RULE
20. Prehearing conference
The court may direct
the attorneys for the parties to appear before the court or
a judge thereof for a prehearing conference to consider the
simplification of the issues and such other matters as may aid
in the disposition of the proceeding by the court. The court
or judge shall make an order which recites the action taken
at the conference and the agreements made by the parties as
to any of the matters considered and which limits the issues
to those not disposed of by admissions or agreements of counsel,
and such order when entered controls the subsequent course of
the proceeding, unless modified to prevent manifest injustice.
Return
to top
RULE
21. Oral argument
(A) Notice of
argument. The court shall advise all parties of the time
and place at which oral argument will be heard.
(B) Time allowed
for argument. Unless otherwise ordered, each side will be
allowed thirty minutes for argument. A party is not obliged
to use all of the time allowed, and the court may terminate
the argument whenever in its judgment further argument is unnecessary.
(C) Order and
content of argument. The appellant is entitled to open and
conclude the argument. The opening argument shall include a
fair statement of the case. Counsel will not be permitted to
read at length from briefs, records or authorities.
(D) Cross and
separate appeals. A cross-appeal or separate appeal shall
be argued with the initial appeal at a single argument, unless
the court otherwise directs. If separate appellants support
the same argument, they shall share the thirty minutes allowed
to their side for argument unless pursuant to timely request
the court grants additional time.
(E) Nonappearance
of parties. If the appellee fails to appear to present argument,
the court will hear argument on behalf of the appellant, if
present. If the appellant fails to appear, the court may hear
argument on behalf of the appellee, if his counsel is present.
If neither party appears, the case will be decided on the briefs
unless the court shall otherwise order.
(F) Submission
on briefs. By agreement of the parties, a case may be submitted
for decision on the briefs, but the court may direct that the
case be argued.
(G) Motions.
Oral argument will not be heard upon motions unless ordered
by the court.
(H) Authorities
in briefs. If counsel on oral argument intends to present
authorities not cited in his brief, he shall, prior to oral
argument, present in writing such authorities to the court and
to opposing counsel.
(Amended, effective
July 1, 1972; July 1, 1976)
Return
to top
RULE
22. Entry of judgment
(A) Form. All
judgments shall be in the form of a journal entry signed by
a judge of the court and filed with the clerk.
(B) Notice. When
a decision is announced, the clerk shall give notice thereof
by mail to counsel of record in the case.
(C) Time.
Unless further time is allowed by the court or a judge thereof,
counsel for the party in whose favor an order, decree or judgment
is announced shall, within five days, prepare the proper journal
entry and submit the entry to counsel for the opposite party.
Counsel for the opposite party shall within five days after
receipt of the entry (1) approve or reject the entry and (2)
forward the entry to counsel for the prevailing party for immediate
submission to the court.
(D) Objections.
All objections to proposed journal entries shall be in writing,
and may be answered in writing. Such entry as the court may
deem proper shall be approved by the court, in writing, and
filed with the clerk of the court for journalization. The provisions
of this rule shall not be deemed to preclude the court from
sua sponte preparing and filing with the clerk for journalization
its own entry. No oral arguments will be heard in the settlement
of journal entries.
(E) Filing. The
filing of a journal entry of judgment by the court with the
clerk for journalization constitutes entry of the judgment.
(Amended, effective
July 1, 1972)
Return
to top
RULE
23. Damages for delay
If a court of appeals
shall determine that an appeal is frivolous, it may require
the appellant to pay reasonable expenses of the appellee including
attorney fees and costs.
Return
to top
RULE
24. Costs
(A) Except as otherwise
provided by law or as the court may order, the party liable
for costs is as follows:
(1) If an appeal
is dismissed, the appellant or as agreed by the parties.
(2) If the judgment
appealed is affirmed, the appellant.
(3) If the judgment
appealed is reversed, the appellee.
(4) If the judgment
appealed is affirmed or reversed in part or is vacated, as ordered
by the court.
(B) As used in this
rule, "costs" means an expense incurred in preparation of the
record including the transcript of proceedings, fees allowed
by law, and the fee for filing the appeal. It does not mean
the expense of printing or copying a brief or an appendix.
(Amended, effective
July 1, 1992)
Return
to top
RULE
25. Motion to certify a conflict
(A) A motion to
certify a conflict under Article IV, Section 3(B)(4) of the
Ohio Constitution shall be made in writing before the judgment
or order of the court has been approved by the court and filed
by the court with the clerk for journalization or within ten
days after the announcement of the court's decision, whichever
is the later. The filing of a motion to certify a conflict does
not extend the time for filing a notice of appeal. A motion
under this rule shall specify the issue proposed for certification
and shall cite the judgment or judgments alleged to be in conflict
with the judgment of the court in which the motion is filed.
(B) Parties opposing
the motion must answer in writing within ten days after the
filing of the motion. Copies of the motion, brief, and opposing
briefs shall be served as prescribed for the service and filing
of briefs in the initial action. Oral argument of a motion to
certify a conflict shall not be permitted except at the request
of the court.
(C) The court of
appeals shall rule upon a motion to certify within sixty days
of its filing.
(Effective July
1, 1994)
Return
to top
RULE
26. Application for reconsideration; application for reopening
(A) Application
for reconsideration. Application for reconsideration of
any cause or motion submitted on appeal shall be made in writing
before the judgment or order of the court has been approved
by the court and filed by the court with the clerk for journalization
or within ten days after the announcement of the court's decision,
whichever is the later. The filing of an application for reconsideration
shall not extend the time for filing a notice of appeal in the
Supreme Court. Parties opposing the application shall answer
in writing within ten days after the filing of the application.
Copies of the application, brief, and opposing briefs shall
be served in the manner prescribed for the service and filing
of briefs in the initial action. Oral argument of an application
for reconsideration shall not be permitted except at the request
of the court.
(B) Application
for reopening. (1) A defendant in a criminal case may apply
for reopening of the appeal from the judgment of conviction
and sentence, based on a claim of ineffective assistance of
appellate counsel. An application for reopening shall be filed
in the court of appeals where the appeal was decided within
ninety days from journalization of the appellate judgment unless
the applicant shows good cause for filing at a later time.
(2) An application
for reopening shall contain all of the following:
(a) The appellate
case number in which reopening is sought and the trial court
case number or numbers from which the appeal was taken;
(b) A showing of
good cause for untimely filing if the application is filed more
than ninety days after journalization of the appellate judgment.
(c) One or more
assignments of error or arguments in support of assignments
of error that previously were not considered on the merits in
the case by any appellate court or that were considered on an
incomplete record because of appellate counsel's deficient representation;
(d) A sworn statement
of the basis for the claim that appellate counsel's representation
was deficient with respect to the assignments of error or arguments
raised pursuant to division (B)(2)(c) of this rule and the manner
in which the deficiency prejudicially affected the outcome of
the appeal, which may include citations to applicable authorities
and references to the record;
(e) Any parts of
the record available to the applicant and all supplemental affidavits
upon which the applicant relies.
(3) The applicant
shall furnish an additional copy of the application to the clerk
of the court of appeals who shall serve it on the attorney for
the prosecution. The attorney for the prosecution, within thirty
days from the filing of the application, may file and serve
affidavits, parts of the record, and a memorandum of law in
opposition to the application.
(4) An application
for reopening and an opposing memorandum shall not exceed ten
pages, exclusive of affidavits and parts of the record. Oral
argument of an application for reopening shall not be permitted
except at the request of the court.
(5) An application
for reopening shall be granted if there is a genuine issue as
to whether the applicant was deprived of the effective assistance
of counsel on appeal.
(6) If the court
denies the application, it shall state in the entry the reasons
for denial. If the court grants the application, it shall do
both of the following:
(a) appoint counsel
to represent the applicant if the applicant is indigent and
not currently represented;
(b) impose conditions,
if any, necessary to preserve the status quo during pendency
of the reopened appeal. The clerk shall serve notice of journalization
of the entry on the parties and, if the application is granted,
on the clerk of the trial court.
(7) If the application
is granted, the case shall proceed as on an initial appeal in
accordance with these rules except that the court may limit
its review to those assignments of error and arguments not previously
considered. The time limits for preparation and transmission
of the record pursuant to App.R. 9 and 10 shall run from journalization
of the entry granting the application. The parties shall address
in their briefs the claim that representation by prior appellate
counsel was deficient and that the applicant was prejudiced
by that deficiency.
(8) If the court
of appeals determines that an evidentiary hearing is necessary,
the evidentiary hearing may be conducted by the court or referred
to a magistrate.
(9) If the court
finds that the performance of appellate counsel was deficient
and the applicant was prejudiced by that deficiency, the court
shall vacate its prior judgment and enter the appropriate judgment.
If the court does not so find, the court shall issue an order
confirming its prior judgment.
(C) [Ruling
upon application for reconsideration.] If an application
for reconsideration under division (A) of this rule is filed
with the court of appeals, the application shall be ruled upon
within forty-five days of its filing.
(Amended, effective
July 1, 1975; July 1, 1993; July 1, 1994; July 1, 1997)
Return
to top
RULE
27. Execution, mandate
A court of appeals
may remand its final decrees, judgments, or orders, in cases
brought before it on appeal, to the court or agency below for
specific or general execution thereof, or to the court below
for further proceedings therein.
A certified copy
of the judgment shall constitute the mandate. A stay of execution
of the judgment mandate pending appeal may be granted upon motion,
and a bond or other security may be required as a condition
to the grant or continuance of the stay.
Return
to top
RULE
28. Voluntary dismissal
If the parties to
an appeal or other proceeding shall sign and file with the clerk
of the court of appeals an agreement that the proceedings be
dismissed and shall pay whatever costs are due, the court shall
order the case dismissed.
An appeal may be
dismissed on motion of the appellant upon such terms as may
be fixed by the court.
Return
to top
RULE
29. Substitution of parties
(A) Death of
a party. If a party dies after a notice of appeal is filed
or while a proceeding is otherwise pending in the court of appeals,
the personal representative of the deceased party may be substituted
as a party on motion filed by the representative, or by any
party, with the clerk of the court of appeals. The motion of
a party shall be served upon the representative in accordance
with the provisions of Rule 13. If the deceased party has no
representative, any party may suggest the death on the record
and proceedings shall then be had as the court of appeals may
direct. If a party against whom an appeal may be taken dies
after entry of a judgment or order in the trial court but before
a notice of appeal is filed, an appellant may proceed as if
death had not occurred. After the notice of appeal is filed
substitution shall be effected in the court of appeals in accordance
with this subdivision. If a party entitled to appeal shall die
before filing a notice of appeal, the notice of appeal may be
filed by his personal representative, or, if he has no personal
representative, by his attorney of record within the time prescribed
by these rules. After the notice of appeal is filed, substitution
shall be effected in the court of appeals in accordance with
this subdivision.
(B) Substitution
for other causes. If substitution of a party in the court
of appeals is necessary for any reason other than death, substitution
shall be effected in accordance with the procedure prescribed
in subdivision (A).
(C) Public officers;
death or separation from office.
(1) When a public
officer is a party to an appeal or other proceeding in the court
of appeals in his official capacity and during its pendency
dies, resigns or otherwise ceases to hold office, the action
does not abate and his successor is automatically substituted
as a party. Proceedings following the substitution shall be
in the name of the substituted party, but any misnomer not affecting
the substantial rights of the parties shall be disregarded.
An order of substitution may be entered at any time, but the
omission to enter such an order shall not affect the substitution.
(2) When a public
officer is a party to an appeal or other proceeding in his official
capacity, he may be described as a party by his official title
rather than by name, but the court may require his name to be
added.
Return
to top
RULE
30. Duties of clerks
(A) Notice of
orders or judgments. Immediately upon the entry of an order
or judgment, the clerk shall serve by mail a notice of entry
upon each party to the proceeding and shall make a note in the
docket of the mailing. Service on a party represented by counsel
shall be made on counsel.
(B) Custody of
records and papers. The clerk shall have custody of the
records and papers of the court. Papers transmitted as the record
on appeal or review shall upon disposition of the case be returned
to the court or agency from which they were received. The clerk
shall preserve copies of briefs and other filings.
(Amended, effective
July 1, 1972)
Return
to top
RULE
31. [RESERVED]
RULE
32. [RESERVED]
RULE
33. [RESERVED]
Return
to top
RULE
34. Appointment of magistrates
(A) Original
actions. Original actions in the court of appeals may be
referred to a magistrate pursuant to Civ. R. 53.
(B) Appeals.
When the court orders an evidentiary hearing in an appeal,
the court may appoint a magistrate pursuant to Civ. R. 53 to
conduct the hearing.
(C) Reference
to magistrates. In any matter referred to a magistrate,
all proceedings shall be governed by Civ. R. 53 and the order
of reference, except that the word "judge" in Civ. R. 53 shall
mean the court of appeals. An order of reference shall be signed
by at least two judges of the court. Where the court has entered
a general order referring a category of actions, appeals, or
motions to magistrates generally, a subsequent order referring
a particular action, appeal, or motion to a specific magistrate
pursuant to the general order may be signed by one judge.
(Effective July
1, 1997)
Return
to top
RULE
35. [RESERVED]
RULE 36. [RESERVED]
RULE 37. [RESERVED]
RULE 38. [RESERVED]
RULE 39. [RESERVED]
RULE 40. [RESERVED]
Return
to top
RULE
41. Rules of courts of appeals
(A) The courts of
appeals may adopt rules concerning local practice in their respective
courts that are not inconsistent with the rules promulgated
by the Supreme Court. Local rules shall be filed with the Supreme
Court.
(B) Local rules
shall be adopted only after the court gives appropriate notice
and an opportunity for comment. If the court determines that
there is an immediate need for a rule, the court may adopt the
rule without prior notice and opportunity for comment, but promptly
shall afford notice and opportunity for comment.
(Effective July
1, 1994; Amended, effective July 1, 1997)
Return
to top
RULE
42. Title
These rules shall
be known as the Ohio Rules of Appellate Procedure and may be
cited as "Appellate Rules" or "App. R.___."
(Amended, effective
July 1, 1997)
Return
to top
RULE
43. Effective date
(A) Effective
date of rules. These rules shall take effect on the first
day of July, 1971. They govern all proceedings in actions brought
after they take effect and also 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
the rules take effect would not be feasible or would work injustice
in which event the former procedure applies.
(B) Effective
date of amendments. The amendments submitted by the supreme
court to the general assembly on January 15, 1972, shall take
effect on the first day of July, 1972. They govern all proceedings
in actions brought after they take effect and also all further
proceedings in actions then pending, except to the extent that
their application in a particular action pending when the rules
take effect would not be feasible or would work injustice, in
which event the former procedure applies.
(C) Effective
date of amendments. The amendments submitted by the supreme
court to the general assembly on January 12, 1973, and on April
30, 1973, shall take effect on July 1, 1973. They govern all
proceedings in actions brought after they take effect and also
all further proceedings in actions then pending, except to the
extent that their application in a particular action pending
when the amendments take effect would not be feasible or would
work injustice, in which event the former procedure applies.
(D) Effective
date of amendments. The amendments submitted by the supreme
court to the general assembly on January 10, 1975, and on April
29, 1975, shall take effect on July 1, 1975. They govern all
proceedings in actions brought after they take effect and also
all further proceedings in actions then pending, except to the
extent that their application in a particular action pending
when the amendments take effect would not be feasible or would
work injustice, in which event the former procedure applies.
(E) Effective
date of amendments. The amendments submitted by the supreme
court to the general assembly on January 9, 1976, shall take
effect on July 1, 1976. They govern all proceedings in actions
brought after they take effect and also all further proceedings
in actions then pending, except to the extent that their application
in a particular action pending when the amendments take effect
would not be feasible or would work injustice, in which event
the former procedure applies.
(F) Effective
date of amendments. The amendments submitted by the Supreme
Court to the General Assembly on January 12, 1978 shall take
effect on July 1, 1978. They govern all proceedings in actions
brought after they take effect and also all further proceedings
in actions then pending, except to the extent that their application
in a particular action pending when the amendments take effect
would not be feasible or would work injustice, in which event
the former procedure applies.
(G) Effective
date of amendments. The amendments submitted by the Supreme
court to the General Assembly on January 14, 1982 shall take
effect on July 1, 1982. They govern all proceedings in actions
brought after they take effect and also all further proceedings
in actions then pending, except to the extent that their application
in a particular action pending when the amendments take effect
would not be feasible or would work injustice, in which event
the former procedure applies.
(H) Effective
date of amendments. The amendments submitted by the Supreme
Court to the General Assembly on December 24, 1984 and January
8, 1985 shall take effect on July 1, 1985. They govern all proceedings
in actions brought after they take effect and also all further
proceedings in actions then pending, except to the extent that
their application in a particular action pending when the amendments
take effect would not be feasible or would work injustice, in
which event the former procedure applies.
(I) Effective
date of amendments. The amendments submitted by the Supreme
Court to the General Assembly on January 14, 1988, as amended,
shall take effect on July 1, 1988. They govern all proceedings
in actions brought after they take effect and also all further
proceedings in actions then pending, except to the extent that
their application in a particular action pending when the amendments
take effect would not be feasible or would work injustice, in
which event the former procedure applies.
(J) Effective
date of amendments. The amendments submitted by the Supreme
Court to the General Assembly on January 6, 1989, shall take
effect on July 1, 1989. They govern all proceedings in actions
brought after they take effect and also all further proceedings
in actions then pending, except to the extent that their application
in a particular action pending when the amendments take effect
would not be feasible or would work injustice, in which event
the former procedure applies.
(K) Effective
date of amendments. The amendments submitted by the Supreme
Court to the General Assembly on January 10, 1991 shall take
effect on July 1, 1991. They govern all proceedings in actions
brought after they take effect and also all further proceedings
in actions then pending, except to the extent that their application
in a particular action pending when the amendments take effect
would not be feasible or would work injustice, in which event
the former procedure applies.
(L) Effective
date of amendments. The amendments filed by the Supreme
Court with the General Assembly on January 14, 1992 and further
filed on April 30, 1992, shall take effect on July 1, 1992.
They govern all proceedings in actions brought after they take
effect and also all future proceedings in actions then pending,
except to the extent that their application in a particular
action pending when the amendments take effect would not be
feasible or would work injustice, in which event the former
procedure applies.
(M) Effective
date of amendments. The amendments submitted by the Supreme
Court to the General Assembly on January 8, 1993 and further
revised and filed on April 30, 1993 shall take effect on July
1, 1993. They govern all proceedings in actions brought after
they take effect and also all further proceedings in actions
then pending, except to the extent that their application in
a particular action pending when the amendments take effect
would not be feasible or would work injustice, in which event
the former procedure applies.
(N) Effective
date of amendments. The amendments submitted by the Supreme
Court to the General Assembly on January 14, 1994 and further
revised and filed on April 29, 1994 shall take effect on July
1, 1994. They govern all proceedings in actions brought after
they take effect and also all further proceedings in actions
then pending, except to the extent that their application in
a particular action pending when the amendments take effect
would not be feasible or would work injustice, in which event
the former procedure applies.
(O) Effective
date of amendments. The amendments to Rules 4 and 5 filed
by the Supreme Court with the General Assembly on January 5,
1996 and further revised and filed on April 26, 1996 shall take
effect on July 1, 1996. They govern all proceedings in actions
brought after they take effect and also all further proceedings
in actions then pending, except to the extent that their application
in a particular action pending when the amendments take effect
would not be feasible or would work injustice, in which event
the former procedure applies.
(P) Effective
date of amendments. The amendments to Rules 6, 11, 19, 26,
31, 32, 33, 34, 41, 42, and 43 filed by the Supreme Court with
the General Assembly on January 10, 1997 and further revised
and refiled on April 24, 1997 shall take effect on July 1, 1997.
They govern all proceedings in actions brought after they take
effect and also all further proceedings in actions then pending,
except to the extent that their application in a particular
action pending when the amendments take effect would not be
feasible or would work injustice, in which event the former
procedure applies.
(Q) Effective
date of amendments. The amendments to Appellate Rule 11.2
filed by the Supreme Court with the General Assembly on January
13, 2000 and refiled on April 27, 2000 shall take effect on
July 1, 2000. They govern all proceedings in actions brought
after they take effect and also all further proceedings in actions
then pending, except to the extent that their application in
a particular action pending when the amendments take effect
would not be feasible or would work injustice, in which event
the former procedure applies.
(R) Effective
date of amendments. The amendments to Appellate Rules 7,
11.2, 13, and 18 filed by the Supreme Court with the General
Assembly on January 12, 2001, and revised and refiled on April
26, 2001, shall take effect on July 1, 2001. They govern all
proceedings in actions brought after they take effect and also
all further proceedings in actions then pending, except to the
extent that their application in a particular action pending
when the amendments take effect would not be feasible or would
work injustice, in which event the former procedure applies.
(S) Effective
date of amendments. The amendments to Appellate Rule 4 filed
by the Supreme Court with the General Assembly on January 11,
2002, and revised and refiled on April 18, 2002 shall take effect
on July 1, 2002. They govern all proceedings in actions brought
after they take effect and also all further proceedings in actions
then pending, except to the extent that their application in
a particular action pending when the amendments take effect
would not be feasible or would work injustice, in which event
the former procedure applies.
(S)
Effective date of amendments.
The amendments to Appellate Rule 5 filed by the Supreme Court
with the General Assembly on January 9, 2003 and refiled on
April 28, 2003, shall take effect on July 1, 2003. They govern
all proceedings in actions brought after they take effect and
also all further proceedings in actions then pending, except
to the extent that their application in a particular action
pending when the amendments take effect would not be feasible
or would work injustice, in which event the former procedure
applies.
(Amended, effective
July 1, 1972; July 1, 1973; July 1, 1975; July 1, 1976; July
1, 1978; July 1, 1982; July 1, 1985; July 1, 1988; July 1, 1989;
July 1, 1991; July 1, 1992; July 1, 1993; July 1, 1994; July
1, 1996; July 1, 1997; July 1, 2000; July 1, 2001; July 1, 2002;
July 1, 2003)
Return
to top |
