Ohio Loc. App. R. 16

As amended through July 25, 2024
Rule 16 - Briefs
(A)Length and Form. All briefs filed in this court must comply with the requirements of App.R. 16 and 19.
(1)Appeal Involving No Cross-Appeal. In the absence of a cross-appeal, the appellant's opening brief and the appellee's answering brief must each not exceed 40 pages, and the appellant's reply brief, if any, must not exceed ten pages.
(2)Appeal Involving Single Cross-Appeal. If a single cross-appeal has been filed, there shall be a total of four briefs, each containing only one cover, one table of contents, and one table of authorities and conforming to the following requirements:
(a)Appellant's Opening Brief. The first brief is the appellant's opening brief, which shall address only those issues related to the appellant's appeal and must not exceed 40 pages.
(b)Appellee's Answer Brief / Cross-Appellant's Opening Brief. The second brief is the appellee / cross-appellant's brief, identified on its face as an answer brief and brief in support of the cross-appeal. The table of contents of the brief shall designate which portion of the brief relates to the appeal and which portion relates to the cross-appeal. The portion relating to the appeal must not exceed 40 pages, and the portion relating to the cross-appeal must not exceed an additional 25 pages.
(c)Appellant's Reply Brief / Cross-Appellee's Answer Brief. The third brief is the appellant / cross-appellee's brief, identified on its face as a reply brief in support of the appellant's appeal and an answer brief to the cross-appeal. The table of contents of the brief shall designate which portion of the brief is a reply and which portion relates to the cross-appeal. The portion that is a reply in support of the appeal must not exceed ten pages, and the portion relating to the cross-appeal must not exceed an additional 25 pages. The reply portion of the brief must be restricted to matters in rebuttal to the answer portion of the second brief.
(d)Cross-Appellant's Reply Brief. The cross-appellant may file a reply brief in support of the cross-appeal, which must not exceed ten pages. The cross-appellant's reply brief must be restricted to matters in rebuttal to the portion of the third brief addressing the cross-appeal.
(3)Appeal Involving Multiple Cross-Appeals. If more than one cross-appeal has been filed, the parties shall propose to the court for approval or modification, no less than 20 days before the first brief would otherwise be due, a stipulated briefing order setting page limitations and including other provisions that conform as closely as reasonably possible to the provisions of Loc.App.R. 16(A)(2), but also taking into account the potential need for adjustment to those provisions as necessary to accommodate the multiple issues raised and the parties to whom the issues are directed. In the event the parties cannot agree on a proposed stipulated briefing order, the parties shall adhere to the requirements of Loc.App.R. 16(A)(2), unless the court on motion issues a different briefing order.
(4)Cross-Appeal(s) Involving Fewer Than All Appellees. In the event of multiple appellees, Loc.App.R. 16(A)(2) and (3) apply only to those cross-appellees who have filed cross-appeals. Any appellee who has not filed a cross-appeal shall follow the length and form requirements of Loc.App.R. 16(A)(1).
(5)Exclusions from Page Limitation. All page limitations are exclusive of the table of contents, the table of authorities, certificate of service, and any appendices.
(6)Motion to Exceed Page Limitations . Application for permission to file a longer brief may be made by a motion specifying the number of extra pages requested, the portion of the brief requiring extra pages, and why extra pages are needed.
(B)Notice of Conceded Error. When a party concedes an error that is dispositive of the entire appeal, the party conceding the error shall file a separate notice of conceded error in lieu of a responsive brief. Once briefing is completed, the appeal will be randomly assigned to a merit panel for review. The appeal will be considered submitted on the briefs unless the assigned panel sets an oral argument date.
(C)Case Citation. Citation to authority in a brief shall be included in the body text of the brief, except when the citation supports a proposition made in a footnote, and shall conform to the manual of citation issued by the Supreme Court of Ohio's Reporter of Decisions that may be found at http://www.supremecourt.ohio.gov.
(D)Unnecessary Attachments of Legal Authority Disfavored. Parties are discouraged from attaching to briefs any legal authority generally accessible through online legal research databases. Only if the determination of the assignments of error presented requires consideration of legal authority not accessible through any online resources shall the relevant parts be reproduced in an attachment or appendix at the end of the brief.
(E)Failure To Comply. A brief not prepared in accordance with these rules and the formalities mandated by App.R. 16 and 19 may result in the brief being stricken and the court ordering that an amended brief complying with the rules be filed by a specified date. An appellant's failure to conform may result in dismissal of the appeal; a cross-appellant's failure to conform may result in dismissal of the cross-appeal; and an appellee's / cross-appellee's failure to conform may result in the brief being stricken and the right to argue being denied.

Ohio. Loc. App. R. 16

Adopted eff. 2/1/1999; amended eff. 2/1/2006; 1/1/2010; 1/19/2010; 7/30/2014; 2/1/2019; amended eff. 12/28/2020.