The COVID-19 pandemic introduced some new flexibility into the traditionally rigid legal workplace. For those working in downtown offices, the traffic on the daily commute was certainly better. And remote work options allowed counsel to take depositions from the comfort of their home offices. Got a hearing coming up on a motion? Fine, let’s conduct
Changing rules to eliminate consent requirements for amicus briefs – how far will they go?
In mid-December 2022, Larry Ebner, the well-known appellate advocate behind Capital Appellate Advocacy in Washington, D.C., published an op-ed at Law360 titled Federal Courts Should Follow Supreme Court’s Amicus Stance. In this op-ed, Ebner noted that the U.S. Supreme Court had announced revisions to its rules, effective Jan. 1, 2023, that eliminate the requirement for amici curiae to obtain the parties’ consent, or the court’s permission, to file their amicus briefs. Ebner went on to argue that the corresponding rules for the federal circuit courts (see FRAP 29) should similarly be amended to eliminate the consent requirement for amicus briefs.…
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Ohio Supreme Court reminder: Strict rules compliance required for page limits and attachments
It happens a few times a year – an entry in the Ohio Supreme Court’s daily announcements reads like this:…
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Don’t forget about AAA’s Optional Appellate Arbitration Rules
Not long ago, one of the American Arbitration Association’s vice presidents stopped by our firm to bring us up to speed on some recent AAA developments and the new AAA rules in effect for commercial cases, effective Sept. 1, 2022. We at Ohio Appellate Insights think one of the topics she mentioned during her presentation — “AAA’s Optional Appellate Arbitration Rules” — is worth noting for our audience of appellate practitioners.
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What’s fair game in supplementation at the Ohio Supreme Court?
Last month, Terry Posey wrote on the blog about supplemental authority at oral argument — before the intermediate court of appeals. But what about the Ohio Supreme Court?
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Understanding supplemental authority at oral argument
If you prepare for oral argument enough times, eventually it will happen. Whether preparing directly for an argument or working on another matter, you will find a case that should have been included in your briefing. What do you do when you find such authority? …
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The most important thing in preparing for oral argument
One thing that can set appellate lawyers apart from most people (and there are many) is they tend to watch more oral arguments. Appellate lawyers thrive on keeping up with new case developments and hearing how justices and judges are engaging with all parties. …
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July 1 means a rules update: Cross-appeals and page limits
July 1 brings changes to Ohio’s Rules of Court. This year it affects cross-appeals and page limits.
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