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September 16, 2011

Local Rules of the Court of Claims of Ohio

It is ordered that the Local Rules of the Court of Claims of Ohio adopted on December 23, 1983, be amended as follows:

Rule 2.
(8) Court hours. The clerk's office of the court of claims shall be open from 8:00 A.M. to 5:00 P.M. Monday through Friday, except for legal holidays. The clerk may adjust the hours of the clerk's office as necessary.

Rule 16 Repealed.

Rule 24(A)
(A) Appeals from decisions of the attorney general.
(1) An appeal pursuant to R.C. 2743.61 (8) shall be taken by filing a notice of appeal with the clerk of the court of claims within the time allowed under R.C. 2743.61. At the time the attorney general provides notice of its final decision to a claimant, the attorney general shall provide to each claimant a form of notice of appeal prescribed by the clerk of the court of claims.
(2) The clerk of the court of claims shall serve a copy of a notice of appeal filed with the clerk upon the attorney general and upon appellant and appellant's counsel, if any. The clerk shall note on the copy of the notice of appeal the date on which it was filed.
(3) If a party attempts to file a notice of appeal by delivering the prescribed form to the attorney general instead of the court of claims, the attorney general shall forward the notice of appeal to the clerk of the court of claims within three days. The clerk shall note on the copy of the notice of appeal the date on which it was filed, which shall be deemed to be not later than the date the notice was
received by the attorney general.
(4) If a party files a document other than the prescribed notice of appeal form with the attorney general at any time within 90 days after the date of the attorney general's final decision on a claim for an award of reparations, the attorney general shall forward such document to the clerk of the court of claims within three days. If a court of claims panel of commissioners determines that an applicant has attempted to file a notice of appeal from the final decision of the attorney general, the clerk will promptly provide notice to the attorney general that a notice of appeal has been filed.
(5) Pursuant to R.C. 2743.61 (8), the attorney general shall file the record with the clerk of the court of claims within fourteen days after the prescribed notice of appeal form is filed or, in the case of an appeal commenced pursuant to section (A)(4) of this Rule, within fourteen days of the date of the notice of the court's determination that an appeal has been filed. A court of claims panel of commissioners shall schedule and conduct a hearing on an appeal within ninety days of the date of filing of a notice of appeal or, in the case of an appeal commenced pursuant to section (A)(4) of this Rule, within ninety days of the date of the notice of the court's determination that the applicant has filed a notice of appeal.
(6) A notice of appeal filed prior to the final decision of the attorney general shall be treated as filed immediately after such final decision.

Case No. 1975-0001 - 3 - ORDER
(R) Effective date of amendments. The amendments to these rules journalized on August 22, 2011, shall be effective on August 22, 2011, and shall govern all proceedings taken on and after the effective date.