Rules of Practice - Supreme Court of Ohio

1 T S C of O effective september 29, 2017 Rules of Practice2017 Rules OF PRACTICE2017 MAUREEN O CONNORC hief JusticeTERRENCE O DONNELLSHARON L. KENNEDYJUDITH L. FRENCHPATRICK F. FISCHERR. PATRICK DeWINEMARY DEGENAROJ usticesMICHAEL L. BUENGERA dministrative DirectorOffice of the ClerkSANDRA H. GROSKOCLERK OF THE COURTOFFICE OF THE CLERK8th Floor65 South Front StreetColumbus, ohio OF Practice OFTHE Supreme Court OF ohio (Including amendments effective September 29, 2017)The following Rules of Practice of the Supreme Court of ohio include all amendments adopted and effective through September 29, 2017, and apply to Practice and procedure in cases before the Supreme Court of following the Rules include prescribed forms and samples of the types of documents most commonly filed in the Supreme Court .

2 The samples are included to illustrate to attorneys and litigants the proper form to be used for documents filed in the Supreme Court . To ensure compliance with the Rules , the complete text of the relevant Rules should also be reviewed before documents are submitted for may be made by delivering the documents in person or by mail addressed to the clerk of the Supreme Court at the following address: Clerk of the Supreme Court Supreme Court of ohio 65 South Front Street, 8th Floor Columbus, ohio 43215-3431 All filings in person or by mail must be made during the regular business hours of the clerk s office, which are 8:00 to 5:00 , Monday through Friday, excluding holidays.

3 The Supreme Court has adopted security procedures that apply to all visitors and persons with business before the Court . These include check-in with the State Highway Patrol, which requires the presentation of photo identification, and scanning of all materials brought into the Court . Persons hand-delivering documents to the clerk s office should allow extra time for these security procedures, which must be followed before gaining access to the clerk s office. Documents received in the clerk s office after 5:00 whether submitted in person, by mail, or through the E-Filing Portal will not be filed until the next business Supreme Court s website may be accessed to review frequently asked questions and answers about filing: Questions regarding the Rules of Practice or the status of cases pending before the Supreme Court may be directed to the clerk s office at the following phone numbers: or OF Practice OF THE Supreme Court OF OHIOTABLE OF CONTENTSINTRODUCTION.

4 1 SECTION 1. GENERAL Rules .. Purpose .. Authority .. Applicability .. Citation .. Construction ..4 SECTION 2. REQUIREMENTS FOR ATTORNEYS PRACTICING BEFORE THE Supreme Court .. Prerequisites to Filing and Appearance.. Pro Hac Vice Admission.. Designation of Counsel of Record..8 SECTION 3. FILING REQUIREMENTS .. Citation, Style, and Format .. Filing with the Supreme Court .. Computation and Extension of Time .. Filing Fees to Institute a Case .. Security Deposits in Original Actions .. Affidavit of Indigence or Entry of Appointment of Counsel in Lieu of Fees.

5 Cover Page .. Signature .. Mechanical Requirements .. Number and Form of Copies .. Service of Documents; Notice When Documents are Rejected for Filing .. Maintaining Privacy of Personal Identifying Information .. Corrections or Additions to Previously Filed Documents .. Name of Case .. Filing of Joint Notice of Appeal ..23 SECTION 4. GENERAL MOTIONS AND APPLICATIONS .. Motions; Responses .. Request for Mediation .. Frivolous Actions; Sanctions; Vexatious Litigators .. Recusal or Disqualification of a Justice .. Application for Dismissal of a Case.

6 28 Substitution of 5. CASE TYPES .. Appeals of Right .. Jurisdictional Certified-Conflict Cases .. Certification of Questions of State Law from Federal Courts .. Administrative-Agency Appeals .. Original Actions .. Practice -of-Law Cases .. Petition Challenges, Election Contests, and Apportionment Cases ..32 SECTION 6. APPEALS OF RIGHT .. Institution of an Appeal of Right .. Ordering of the Record and Briefing ..34 SECTION 7. JURISDICTIONAL APPEALS .. Institution of Jurisdictional Appeal .. Memorandum in Support of Memorandum in Response .. Prohibition Against Supplemental and Reply Memoranda.

7 Jurisdictional Memoranda in Case Involving Cross-Appeal .. Jurisdictional Memorandum of Amicus Effect of Pending Motion to Certify a Conflict upon a Jurisdictional Appeal .. Determination of Jurisdiction .. Appointment of Counsel in Felony Cases .. Improvidently Accepted Jurisdictional Appeals ..48 SECTION 8. CERTIFIED-CONFLICT CASES .. Institution of a Certified-Conflict Case .. Review of Court of Appeals Order Certifying a Conflict .. Briefing of Certified-Conflict Cases .. Improvidently Certified Conflicts ..51 SECTION 9. CERTIFICATION OF QUESTIONS OF STATE LAW FROM FEDERAL COURTS.

8 Institution of a Case Certifying a Question of State Contents of Certification Order .. Preparation of Certification Order; Notice of Filing .. Parties .. Preliminary Memoranda; Court Determination of Whether to Answer Question Certified .. Record .. Briefing and Oral Argument .. Opinion ..56 SECTION 10. ADMINISTRATIVE-AGENCY APPEALS .. Petition to Transfer an Appeal from a Board of Tax Appeals Decision Pending on Appeal before the Court of Appeals .. Institution of an Appeal from the Public Utilities Commission .. Institution of an Appeal from the Power Siting Board.

9 60 SECTION 11. DEATH-PENALTY APPEALS .. Institution of Death-Penalty Appeal of Right .. Appointment of Counsel .. Record on Appeal .. Transmission of the Record .. Briefing .. Application for Reopening ..67 SECTION 12. ORIGINAL ACTIONS ..71 Application of Rules .. Institution of an Original Action .. Parties .. Response to Complaint; Court Action .. Alternative Writs .. Presentation of Evidence .. Briefing .. Expedited Election Cases .. Expedited Adoption/Termination of Parental Rights Cases .. Reference to a Master Commissioner ..76 SECTION 13.

10 MATTERS RELATED TO THE Practice OF LAW .. Application of Rules .. Consideration and Disposition of Matters Related to the Practice of Law .. Briefing .. Oral Argument .. Costs ..78 SECTION 14. PETITION CHALLENGES; ELECTION CONTESTS; APPORTIONMENT CASES .. Petition Challenges .. Contest of an Election .. Apportionment Cases ..82 SECTION 15. RECORD ON APPEAL .. Composition of the Record on Appeal .. When Record is to be Transmitted to Supreme Court from Court of Appeals .. Certification and Transmission of Record from Court of Appeals .. Submission of Record from Court of Appeals or Board of Tax Appeals in Appeals from a Decision of the Board of Tax Appeals.