On Aug. 7, 2024, the Ohio Supreme Court dismissed the appeal in Kyser v. Summit County Children Services (discretionary case number 2022-1419 and certified conflict case number 2023-0126) for lack of a final appealable order under R.C. 2506.01 on a 5-2 vote. The decision came after full rounds of substantive briefing in the trial court, intermediate appellate court, and the Supreme Court of Ohio. On the eve of oral argument before the Supreme Court of Ohio, the court requested briefing on whether a final appealable order existed and, ultimately, dismissed the appeal on that basis.Continue Reading The first checklist question: Is there a final appealable order?
Appellate Rules
Doing the impossible: How to get an extension to file a memorandum in response to a memorandum in support of jurisdiction at the Ohio Supreme Court
Discretionary appeals at the Ohio Supreme Court are under strict timing requirements pursuant to Supreme Court Rules of Practice 7.01(A). Absent an application for reconsideration or a motion for en banc review in the lower court, a notice of appeal and a memorandum in support of jurisdiction must be filed within 45 days of the judgment being appealed. Under Rule 7.02(E), the Clerk of the Supreme Court is under instructions not to file an untimely notice of appeal (or one being filed without a memorandum in support of jurisdiction). There is no way to get an extension on the timing (absent certain circumstances in criminal cases).
But what if you need an extension on the response? Maybe you are going on vacation, have a pressing work conflict, or just need additional time to research.Continue Reading Doing the impossible: How to get an extension to file a memorandum in response to a memorandum in support of jurisdiction at the Ohio Supreme Court
A new day for legal citation in Ohio
In early 2023, Chief Justice Sharon Kennedy of the Supreme Court of Ohio announced the Court’s intent to streamline the legal citation process in Ohio. In furtherance of that goal, the Court formed a new committee tasked with proposing changes to The Supreme Court of Ohio Writing Manual, a guide for formatting legal citations in state court.
The Writing Manual Revision Committee’s proposed changes were adopted by the Court in Feb. 2024 and the new edition of the manual took effect on June 17th, 2024. The updated manual includes, among other things: stronger language directing lawyers to follow the manual; the introduction of a navigable homepage (presenting examples of properly cited sources); revisions to case and statute citation rules; and guidance on when to use a parenthetical phrase “(cleaned up)” in certain citations that has sparked recent debate within the legal community.Continue Reading A new day for legal citation in Ohio
Seeking to proceed under a pseudonym in Ohio State Court?
Prepare for a Challenge…
A recent decision by Ohio’s Second District Court of Appeals addresses a couple of topics that have been recurring features on this blog: final appealable orders and secrecy in litigation. As to the former, we have previously discussed the complexity of characterizing orders that either grant or deny preliminary injunctive relief as either final, appealable orders (or not), in our recent blog posts found here and here. As to the latter, in early 2022, we discussed an Ohio Supreme Court decision called State ex rel. Cincinnati Enquirer v. Shanahan, regarding whether a police officer could proceed under a pseudonym in his defamation case – and the Court in that case said no.Continue Reading Seeking to proceed under a pseudonym in Ohio State Court?
Understanding the Ohio Supreme Court timing requirements
Yet another reminder: The mandatory nature of the Ohio Supreme Court’s Rules of Practice
In Ohio state-court litigation, most timing deadlines are not automatic and can be “finessed” if need be (aside from the mandatory 30-day time period to file a notice of appeal).
The Ohio Supreme Court, however, treats most of the timing rules in the Ohio Supreme Court Rules of Practice as dispositive of the issue presented.Continue Reading Understanding the Ohio Supreme Court timing requirements
Ohio General Assembly expands venues for administrative appeals
As Ohio attorneys who focus on appellate issues, one of the trusty treatises we often consult in our practice is former First District Court of Appeals Judge Mark Painter’s seminal Ohio Appellate Practice handbook, published by Baldwin. If you don’t have it in your library but enjoy appellate work, we highly recommend it. And for years, in the section pertaining to administrative appeals taken under Ohio’s Administrative Procedure Act, commonly known as “Chapter 119 appeals,” Judge Painter’s treatise has noted that certain administrative appeals in Ohio had to be brought in Franklin County, including appeals regarding examinations and licensing by state agencies, and appeals of adjudicatory decisions by the Liquor Control Commission, State Medical Board Chiropractic Examining Board, or Board of Nursing.Continue Reading Ohio General Assembly expands venues for administrative appeals
Two recent decisions by Ohio appellate courts caution counsel against undue reliance upon health emergencies to delay trials
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 it via Zoom. Big oral argument coming up? No problem — the court says that can be done on Microsoft Teams. The pandemic and related stay-at-home orders certainly required some unprecedented understanding and adaptability from participants in the legal system, be they lawyers, judges, clients or court staff.Continue Reading Two recent decisions by Ohio appellate courts caution counsel against undue reliance upon health emergencies to delay trials
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.Continue Reading Changing rules to eliminate consent requirements for amicus briefs – how far will they go?
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:
Continue Reading Ohio Supreme Court reminder: Strict rules compliance required for page limits and attachments
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.
Continue Reading Don’t forget about AAA’s Optional Appellate Arbitration Rules