EIGHTH DISTRICT COURT OF APPEALS - Cuyahoga …

1 COURT OF APPEALS OF OHIOEIGHTH appellate DISTRICTLOCAL RULESAS AMENDED THROUGH APRIL 9, 2018 JUDGESPATRICIA A. BLACKMONMARY J. BOYLEFRANK D. CELEBREZZE, A. GALLAGHEREILEEN T. GALLAGHERSEAN C. GALLAGHERLARRY A. JONES, ANN KEOUGHMARY EILEEN KILBANEANITA LASTER MAYSTIM MCCORMACKMELODY J. OF CONTENTS PageForeword 2 Rule of rules 3 Rule and Fact APPEALS Abolished 3 Rule as of Right How Taken; Cost Deposit;Consolidated APPEALS 4 Rule as of Right When Taken; 60(B) Remands 6 Rule by Leave of COURT in Criminal Cases 6 Rule Jurisdiction in Criminal Actions 6 Rule or Injunction Pending appeal 6 Rule and Suspension of Execution in Criminal Cases 6 Rule Record on appeal ; Praecipe; Trial Clerk sDuties; Absence of COURT Reporter 7 Rule of the Record 8 Rule of APPEALS from Trial COURT Electronic Filing Systems 9 Rule Calendar11 Rule and Judgment on Appeal13 Rule Filing (E-Filing)14 Rule and Confidentiality17 Rule Judge s Electronic Signature 20 Rule and Extension of Time21 Rule of an Amicus Curiae24 Rule and Service of Briefs; Cross- APPEALS ;Consequences of Failure to File25 Rule of Briefs and Other Papers25 Rule Conference25 Rule Argument28 Rule of Judgment 30 Rule Actions; Vexatious Litigators; Sanctions30 rules Banc Consideration31 rules 27-33.

2 Reserved32 Rule of COURT Administrator as Magistrate32 rules Rule and Withdrawal of Counsel;Admission Pro Hac Vice33 Rule Writs (Original Actions)34 Rule Counsel37 Rule of Transcript39 Rule Dates39 Rule for Recording, Broadcasting, orPhotographing appellate COURT Proceedings42 rules 51-59. Reserved42 Rule 60. Security Policy/Firearms and Dangerous Ordnance Prohibition43 FORM PraecipeAppendix AFORM Docketing StatementAppendix judges of the EIGHTH DISTRICT COURT of APPEALS have adopted these localrules under Section 5(B), Article IV, Ohio Constitution, 41, and (A)(1) and (2), and filed them with the Clerk of the Supreme COURT of Ohio 5(A)(3). These authorities allow courts to publish rules concerning localpractice in their respective courts which are not inconsistent with the rulespromulgated by the Supreme COURT .

3 These local rules are not designed to provide a comprehensive scheme oflocal practice. Rather, they complement the rule structure of the Ohio rules ofAppellate Procedure. For that reason, these local rules are numbered to correspondto the applicable Ohio rules of appellate local rules shall be cited as ___. 1. SCOPE OF rules (A) APPEALS . The rules of appellate Procedure, as supplemented by theselocal rules , govern all procedures in APPEALS to the EIGHTH DISTRICT COURT of Appealsof Ohio from the trial courts of record within the jurisdictional boundaries of theEighth DISTRICT and other tribunals as provided by law.(B) Original Actions. Original actions filed in this COURT are governed bythe following:(1)The rules of civil procedure;(2)The local rules of appellate procedure;(3)All applicable statutes; and(4)Statutes authorizing awards of costs.

4 (C) Amendment Of rules . The EIGHTH DISTRICT COURT of APPEALS has theauthority to change its local rules of practice. Ordinarily, the COURT shall propose achange and invite comment by interested persons at least 30 days before theeffective date. In its discretion, the COURT may allow additional time for commentsto be received. Notice shall be accomplished by placing the proposed change on thecourt s website ( ), on the public record with theclerk of the COURT of APPEALS , by publishing the proposed change in the Daily LegalNews, and by mailing copies to the presiding judges of the trial courts within thedistrict, to associations of members of the bar, and to any persons requesting a copy. Following the 30-day period for comment, the COURT , in its discretion, may modify,delete, or adopt a proposed rule change as originally proposed. The COURT mayimmediately delete or modify an existing rule or adopt a new rule if, in the opinionof the COURT , either exigent circumstances so require or the rule change isministerial in nature.

5 Public comments should be forwarded in writing to: CourtAdministrator, COURT of APPEALS , 1 Lakeside Avenue, Suite 202, Cleveland, OH44113.[Amended effective January 19, 2010.]RULE 2. LAW AND FACT APPEALS 3. appeal AS OF RIGHT HOW TAKEN;COST DEPOSIT; CONSOLIDATED APPEALS (A) Filing Fee And Cost Deposit. The clerk will not accept for filing anynotice of appeal , notice of cross- appeal , or original action unless the party bringingthe action deposits with the clerk of courts the sum of $ Of that sum,$ will be security for the payment of costs, and $ is a fee, authorizedunder (B), for the operation of the COURT . But, the clerk will receive andfile the appeal or action without the payment of $ :(1)If the appellant files with the clerk a sworn affidavit oraffirmation of inability to secure costs by prepayment; or(2)If the appellant produces evidence that the trial courtdetermined that the appellant was indigent for purposes ofappeal; or(3)If the requirement of prepayment is otherwise excused byoperation of law, , and (C).

6 [Amended effective April 9, 2018.] (B) appeal As Of Right.(1)The notice of appeal must individually name each party takingthe appeal and must have attached to it a copy of the judgmentor order appealed from (journal entry) signed by the trial judgeand bearing the clerk s stamp Received for Filing with thedate of receipt by the clerk and a copy of Affidavit of Indigencywhere relevant. The subject attachments are not jurisdictionalbut their omission may be the basis for a dismissal.[Amended effective July 1, 1999.](2)A party is required to file only one notice of appeal from ajudgment entered in cases consolidated in the trial COURT . Thenotice of appeal must list all consolidated case numbers. Theappeal will proceed under one case number unless otherwiseordered by the COURT .(3)Counsel, or litigants filing notices of appeal on their own behalf,must include current names and addresses for counsel of recordfor appellees with sufficient copies for service on all counsel.

7 Event an appellee is unrepresented, then the appellee scurrent address and a copy for service on that appellee must beprovided.(C) Consolidation Of APPEALS .(1)Consolidation Of APPEALS . Either on motion or sua sponte, thecourt may consolidate cases involving related transactions orthe same or similar principles of law, even though the partiesare not identical. When consolidation has been ordered, theparties with a common interest must try to prepare a commonbrief with an addendum to cover any proposition that a partydeems unique to that party.(2)Service In Consolidated APPEALS . When APPEALS areconsolidated, the clerk of the COURT of APPEALS may limit itsnotice of journal entries to one notice for each counsel (or party,if not represented by counsel) where identical journal entriesare being made in each consolidated appeal . Such service willconstitute due notice as to all the consolidated APPEALS .

8 Costswill ordinarily be assigned to the lowest case number.(D) Service by prosecutor. When a prosecutor takes an appeal either ofright or accompanied by a motion for leave to appeal in a felony, misdemeanor, orjuvenile delinquency case, and including from an order sealing the record pursuantto , et seq., the prosecutor shall send a notice of the appeal to theAppellate Division of the Cuyahoga County Public Defender s Office via UnitedStates mail or by sending an electronic copy to Thefact of service to the Cuyahoga County Public Defender s Office shall be includedwithin the certificate of service. [Adopted effective August 1, 2016.] 4. appeal AS OF RIGHT WHEN TAKEN; 60(B) REMANDS(A) If a motion for relief from judgment or order under 60(B) ispending in the trial COURT and an appeal from the same judgment is also pending, aparty may move this COURT , for good cause, to remand the matter to the trial courtfor a ruling on the motion for relief from judgment.

9 (B) The movant must promptly notify the COURT of APPEALS of the trial COURT sruling on the motion for relief from judgment.(C) To appeal the ruling on the motion for relief from judgment, a partymust file a notice of appeal from that ruling.(D) Consolidation of the APPEALS may be ordered under 3(C).RULE 5. APPEALS BY LEAVE OF COURT IN CRIMINAL CASESRESERVEDRULE 6. CONCURRENT JURISDICTION IN CRIMINAL ACTIONSRESERVEDRULE 7. STAY OR INJUNCTION PENDING APPEALRESERVEDRULE 8. BAIL AND SUSPENSION OF EXECUTION IN CRIMINAL 9. THE RECORD ON appeal ; PRAECIPE;TRIAL CLERK S DUTIES; ABSENCE OF COURT REPORTER(A) The appellant must file with the clerk of the trial COURT , and serve uponeach of the parties, the notice of appeal and an attached service, dated and signed,designating the necessary counsel or parties to be served by the clerk of the trialcourt in accord with 3(E).

10 The appellant must provide the clerk with theoriginal and one copy as well as the necessary number of copies for service. [Amended effective July 1, 1999.](B) Simultaneously with filing the notice of appeal , the appellant must filewith the clerk of the trial COURT , and serve upon each of the parties, a completepraecipe and docketing statement in accord with the forms set forth in AppendicesA and B to these local rules . The appellant must also provide the clerk with theoriginal and one copy as well as the necessary number of copies for service.(C) The clerk of the trial COURT shall effect the following:(1)The prompt service of the notice of appeal , praecipe, anddocketing statement; and(2)The prompt service to the clerk of the COURT of APPEALS of a copyof the notice of appeal , praecipe, and docketing statement withthe filing fee.(D) In transmitting the record, the clerk of the trial COURT shall:(1)Include on the docket sheet ( 10(B)), the filing date and abrief description of each of the documents filed in the trialcourt;(2)Ascertain that the journal entries have been signed by thejudge and file-stamped by the trial COURT clerk; and(3)Neatly assemble the original papers.