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

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? 

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

Benjamin Franklin remarked in Poor Richard’s Almanack that “three may keep a secret, if two of them are dead.” Keeping secrets is indeed a tricky business, and none the less so in civil litigation. Over the course of their careers in the law, the authors of this blog have perceived an increase in litigants’ attempts to maintain substantial amounts of information related to their cases under seal, even as they seek redress (or seek to defend themselves) in the ostensibly public forum of a courthouse. We addressed the “fine line between publicity and privacy in litigation” in this post early last year.Continue Reading ‘Appealing’ from no sealing: Recent Fifth District decision highlights procedural wrinkle in rules of superintendence

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

As many readers of this blog likely will be aware, the doctrine of administrative deference — the extent to which courts may properly defer to agencies’ interpretations of statutes and/or rules — has been a hot topic in recent years in the United States Supreme Court.Continue Reading Appellate practitioners take note: Ohio Supreme Court has rejected mandatory deference to agencies’ interpretations of rules and statutes

As we noted last week, this time of year brings eventful decision days at the Ohio Supreme Court. And Wednesday, Oct. 12, continued the trend with the Supreme Court’s decision allowing recovery of appellate attorney fees by prevailing parties who obtain and successfully defend punitive-damage awards in Cruz v. English Nanny & Governess School.
Continue Reading Ohio Supreme Court allows recovery of appellate attorney fees by prevailing parties who obtain punitive-damage awards and successfully defend judgments on appeal

As we approach the end of an election year that includes multiple Ohio Supreme Court races, we know that the Justices of the Ohio Supreme Court and their law clerks are hard at work drafting opinions in all cases that have already been orally argued. This diligence is so that the court’s opinions in those cases can be voted on and released before the election may cause changes to the bench in January. We can expect several eventful days between now and the end of the year, when a flurry of consequential new opinions in pending cases surely will be issued.

Tuesday, October 11, was one of those eventful days.Continue Reading An eventful day at the Ohio Supreme Court