September 14, 2012
Local Rules of the Tenth District Court of Appeals as Amended through October 2012
(Changes in red)
LOCAL RULES OF THE TENTH DISTRICT COURT OF APPEALS
AS AMENDED THROUGH
AUGUST OCTOBER 2012
The following Rules have been promulgated by the Judges of the Tenth District Court of Appeals, pursuant to Section 5(B), Article IV, Ohio Constitution, to supplement the Ohio Rules of Appellate Procedure and the Ohio Rules of Civil Procedure, for the purpose of promoting the administration of justice, and increasing the efficiency of the operation of the Court and shall be construed to be consistent with said Appellate Rules and Civil Rules.
ELECTRONIC FILING (e-Filing)
(A) Mandatory e-Filing
Except as specifically provided elsewhere in these rules, by other rule or statute, or where expressly authorized by an entry of this court, all documents submitted for filing shall be electronically filed using the Franklin County Clerk of Court's "e-Filing System."
If, on the effective date of these amendments, the e-Filing System is not yet available for all or some appellate case types, filings in these case types shall be made in paper form in accordance with the these rules as Amended on August 1, 2011. From the date on which the Franklin County Clerk of Courts makes the e-Filing System available for one or more appellate case types, filings in such case types shall be filed in accordance with these amendments.
(B) Initiating Pleadings
Complaints and notices of appeal may be e-filed or filed in paper form.
(C) Pro Se Filers
Parties not represented by counsel are not required to utilize the e-Filing system and may file documents in paper form.
(D) Leave to File in Paper Form
An attorney wishing to file a specific document or all documents in a given case in paper form may file a motion requesting leave to so file. Such motion may itself be filed in paper form and shall set forth the exceptional circumstances justifying the request.
(E) Paper Form Documents
Documents filed in paper form shall be scanned and uploaded to the e-Filing System by the Franklin County Clerk of Courts. In such case the uploaded electronic version of the document shall constitute the original document.
(1) Attorney’s/Filing Party’s Signature
Documents filed electronically with the Clerk that require an attorney's or a filing party's signature shall be signed with a conformed signature of "/s/ (name)." The correct format for an attorney’s signature is as follows:
Supreme Court ID Number 1234567
Attorney for (Plaintiff/Defendant) XYZ Corporation
ABC Law Firm
The conformed signature on an electronically filed document is deemed to constitute a legal signature on the document for purposes of the signature requirements imposed by the Ohio Rules of Superintendence, Rules of Civil Procedure, Rules of Criminal Procedure and/or any other law.
(2) Multiple Signatures
When a stipulation or other document requires two or more signatures:
(a) The filing party or attorney shall first confirm in writing that the contents of the document are acceptable to all persons required to sign the document. The filer will indicate the agreement of all other counsel and/or parties at the appropriate place in the document, usually on the signature line.
(b) The filing party or attorney shall then file the document electronically, identifying all of the signatories, e.g., /s/ Jane Doe, /s/ John Smith, etc.
(3) Third-Party Signatures
Documents containing signatures of third parties (i.e., affidavits, stipulations, etc.) shall be electronically filed only as scanned-in images.
(4) Judge/Judicial Officer Signature
Electronic documents may be signed by a Judge, Magistrate, or Court Administrator by means of an electronic signature. An electronic signature shall consist of a digitized image of the signer's long hand signature superimposed over the court's official seal. Such electronic signature may be affixed to a document only through the signer's secure e-Filing account. All decisions, orders, decrees, judgments and other documents signed by means of an electronic signature shall have the same force and effect as if the signer had affixed his or her signature to a paper copy of the document.
The Ohio Rules of Appellate Procedure, as supplemented hereby, shall govern procedure in appeals to this Court.
(B) Original Actions
The Ohio Rules of Civil Procedure, as supplemented hereby, shall govern procedure in original actions filed in this Court.
(C) Appeals from the Environmental Review Appeals Commission
Appellate Rules 11(A), 11(B), 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 27, 29 and 30, as supplemented hereby, shall apply to and govern procedure in appeals to this Court from the Environmental Review Appeals Commission pursuant to R.C. 3745.06, except as may be otherwise provided by law.
(D) Form of Filings
All pleadings, briefs, and other papers filed or presented to the Court for consideration in appeals and original actions shall be in writing. Writing for purposes of e-Filed documents means that said documents when printed must produce a clear black image in at least 16 point type, and otherwise comply with App.R. 19.
Writing for purposes of documents filed in paper form, where such filing is permitted, means that said documents must be produced by standard typographic printing or by any mechanical duplicating or copying process which produces a clear black image on white paper, in at least 12 point type, and otherwise comply with App.R. 19. The clerk shall forthwith call to the attention of the court administrator any document filed which does not comply with these rules or is filed out of rule.
Pursuant to App.R. 13(C), copies of all documents filed by any party and not required to be served by the clerk shall, at or before the time of filing, be served on all other parties to the case. Service may be personal, by mail, or, where the opposing party is an e-filing account holder, by e-mail. Service on a party represented by counsel shall be made on counsel. Proof of service, indicating how service was made, shall be attached to every filing.
CASE MANAGEMENT PLAN: RULES 3-14
(A) How Instituted
An original action, other than habeas corpus, shall be instituted by the filing of a complaint. Service shall be made, and such action shall proceed as any civil action under the Ohio Rules of Civil Procedure.
(B) Deposit for Costs
At the time of filing the complaint in an original action in this court, the relator shall deposit with the clerk of this court the sum of one hundred dollars ($100), as security for the payment of costs. When serving a complaint pursuant to Civ.R 4, or court order, the Clerk shall cause service copies to be produced in lieu of such copies being furnished by the filer, and shall charge a fee of $1.00 per copy produced against the funds on deposit.
A party claiming to be indigent shall file with their complaint a motion for leave to proceed in forma pauperis supported by an affidavit showing indigency and indicating their actual financial condition and the disposition of any request for similar leave sought in any other court. The motion shall comply with Loc.R. 6 of this court. Upon filing of the motion, the clerk shall forthwith forward a copy to the court administrator and the motion shall be determined in accordance with Loc.R. 6(B). A respondent may oppose the granting of a motion to proceed in forma pauperis in the manner set forth in App.R. 15(B). The court will sua sponte dismiss any complaint found to be frivolous, malicious or abusive.
(C) Alternative Writs
In the absence of extraordinary circumstances, no alternative writ will be issued in an original action, other than a habeas corpus action.
(D) Motion to Dismiss
When a motion to dismiss is filed a brief in support of such motion must be filed with such motion, and the movant shall indicate whether ruling on the motion will dispose of the merits.
(E) Brief in Opposition to Motion to Dismiss; Reply Brief
Any brief in opposition to a motion to dismiss shall be filed within fifteen days of the filing of such motion with an indication whether ruling on the motion may be deemed dispositive of the merits. The moving party may file a reply brief in further support of a motion to dismiss within ten days after service of the brief in opposition.
(F) Oral Argument on Motion to Dismiss
All motions will be ruled upon without oral argument before the Court, except where the Court requests such argument.
(G) Presentation of Evidence
To facilitate the consideration and disposition of original actions, counsel should, whenever possible, file an agreed statement of facts.
When the evidence to be considered consists of all or part of an official record or the record of proceedings before an administrative agency, such as the Industrial Commission claim file, a stipulated or certified copy, rather than the original, must be submitted pursuant to Civ.R. 44, and Evid.R. 902 and 1005. Unless the parties enter into a stipulation concerning the evidence to be submitted to the Court and attach to the stipulation legible copies of such evidentiary materials relevant to the determination of the action, each party shall file with the Court legible certified copies of evidentiary materials the party feels relevant to the issues before the Court. An original public record will not be accepted for filing as evidence. Evidentiary materials in original actions shall not be e-Filed, but shall be filed in traditional paper form. Two (2) copies of the stipulated evidence, or of each parties' evidence in the event that a stipulation cannot be agreed upon, shall be filed with clerk of this court.
(H) Time for Briefs
The brief of the plaintiff shall be served and filed within fifteen days after completion of the presentation of evidence, pursuant to Section G; the brief of the defendant shall be served and filed within fifteen days after service of the brief of the plaintiff; and any reply brief shall be served and filed within five days after service of the brief of the defendant.
(I) Service of Copy of Brief
Service of a copy of any brief shall be made upon opposing counsel forthwith, and proof of service shall be filed with the clerk. Such service shall be made in compliance with Rule 2(E) of this court.
Briefs shall conform to App.R. 19. The brief of the plaintiff shall contain, under appropriate headings, and in the order here indicated:
(1) A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where they are cited.
(2) A state of the issues presented.
(3) A statement of the case. The statement shall first indicate briefly the nature of the case. There shall follow a statement of the facts relevant to the issues presented.
(4) An argument. The argument shall contain the contentions of the plaintiff with respect to the issues presented, and the reasons therefor, with citations to the authorities and statutes relied on.
(5) A short conclusion, stating the precise relief sought.
The brief of the defendant shall conform to the foregoing requirements except that a statement of the issues and a statement of the case, or of the facts relevant to the issues need not be made unless the defendant is dissatis¬fied with such statements of the plaintiff.
(K) Election Matters
Because of the necessity of a prompt disposition of an original action relating to a pending election, and in order to give the Court adequate time for full consideration of such case, in any such action filed within ninety days prior to the election, the answer day shall be five days after service of summons, and the reply brief of plaintiff must be filed within five days after the filing of the answer. All briefs must be filed no later than five days after the filing of plaintiff's brief. Only in exceptional cases will time be extended, even though opposing counsel has consented thereto.
(L) Oral Argument
In any original action in this Court, oral argument may be had only on approval of a request therefor, provided that the Court may, if it so desires, require such oral argument in any case. Any request for oral argument must be made in writing, by either party, at the time of the filing of the party's original pleading and shall be conspicuously set forth on the front cover of such pleading. Where such request is granted, the party having the affirmative shall have the right to open and close the argument and the further right to divide the time allotted as desired.
(M) Reference to Magistrate
(1) Original actions in this Court may, either upon motion of a party or of the Court, be referred by the Court to a magistrate, pursuant to Civ.R. 53. Unless otherwise indicated in the order of reference to a magistrate, the magistrate shall have all the powers specified in Civ.R. 53, and the proceedings and decision of the magistrate and objections thereto shall be governed by Civ.R. 53. Sections D through N of this Rule apply to proceedings before the magistrate.
(2) Where the evidence submitted consists of all or part of the record of the proceedings before an administrative agency, such as the Industrial Commission claim file, each party shall attach to any brief and to any memorandum pertaining to objections to the magistrates' decision a legible copy of all evidence in the administrative record which the party considers pertinent to the issues before the Court, including any order of the agency which is claimed to constitute an abuse of discretion. Unless some party indicates to the contrary, the Court will assume that the attachments to the briefs or memoranda include all the evidence necessary for the magistrate or the Court to determine the issues. Where the parties have entered into a stipulation regarding the evidence to be submitted to the magistrate, copies of the relevant evidence need not be attached to the parties' briefs, but shall be attached to any memorandum pertaining to objections to the magistrate's decision.
(3) Within fourteen days of the filing of a magistrate's decision, a party may file written objections to the magistrate's decision. Any other party may also file objections not later than ten days after the first objections are filed. A memorandum in support shall be served and filed with objections. Any memorandum in opposition shall be served and filed within fourteen days after service of objections. Objections will be submitted to the Court as a part of its regular hearing calendar. Requests for oral argument on objections shall be filed by a party no later than the time set for filing the initial memorandum. A request for oral argument on objections shall be conspicuously set forth on the front cover page of a party's objections.
(N) Dismissals for Want of Prosecution
Unless all evidence is presented, and the plaintiff's brief is filed within four months after the filing of the complaint, an original action shall be dismissed, after notice to counsel of record, for want of prosecution, unless good cause be shown to the contrary.