Ohio Loc. App. R. 6

As amended through October 29, 2024

Rule 6 - COUNSEL

(A)Designation of Counsel.

Every Notice of Appeal, pleading, motion and brief shall have typed or printed thereon the name, address, telephone number, fax number, e-mail address, if available, and registration number of counsel filing the appeal (or the party, if not represented by counsel); when counsel is a firm, whether partnership or corporate, a particular attorney within the firm having primary responsibility for the case shall also be indicated.

Counsel or the party shall alert the court to any change in address or telephone number by adding the phrase "New Address" or "New Telephone Number" to indicate the change. This shall be done under the first designation of counsel.

In an appeal when there are multiple parties in the underlying action in the trial court, and when the appeal is taken as to less than all those parties in the underlying action, counsel for appellant shall designate in the Notice of Appeal which of those parties are to be served as appellees.

When the appeal is taken as to all adverse parties in the underlying action, appellant shall include the names and addresses of all such parties or their counsel to be served with a copy of the Notice of Appeal pursuant to Ohio Civ.R. 5.

Pursuant to Ohio Civ.R. 5 and Ohio App.R. 3(E), service shall be made by the Clerk of Courts on all parties or their counsel.

(B)Appointment of Counsel for Indigent Parties. A copy of the Financial Disclosure/Affidavit of Indigency of the client shall be attached to all motions for appointment of counsel and for transcripts of proceedings at state's expense in those cases where applicable.

(C)Notice of Appearance/Substitution of Counsel/Co-Counsel.

(1) Any new attorney representing a party on appeal, or substituting for another attorney on appeal, shall file a notice of appearance as counsel with this court.

(2) Any additional counsel shall file a notice of appearance as co-counsel with this court.

(D)Withdrawal of Counsel.

(1) If counsel desires to withdraw from any action before this court, counsel shall submit a motion to withdraw showing:

(1) good cause;

(2) proof of service of the motion upon the client and opposing counsel; and

(3) the name, address, and telephone number of substitute counsel or, if none, that of the client.

(2) If court-appointed counsel desires to withdraw from any action before this court, counsel shall submit a motion to withdraw citing the specific reason(s) for the withdrawal.

(E)Selection of Counsel/List of Attorneys.

(1) The court shall maintain a list of qualified attorneys who have notified the court of their desire to be placed on the Court-Appointed List.

(2) In selecting an attorney from this list for an individual case, the court may consider the skill, expertise, and/or geographical location of the attorney. Appointments will be reviewed annually to ensure an equitable distribution. Attorneys on the list may be added or removed at the court's discretion.

(F)Application for Appointed Counsel Fees. Applications for appointed counsel fees on appeal shall be completed on the form prescribed by the Ohio Public Defender Commission. Such applications shall have appended a copy of the Financial Disclosure/Affidavit of Indigency of the client and a time-stamped copy of the entry of appointment of counsel. Such applications shall be filed with the clerk of courts no earlier than the date this court's decision has been journalized nor later than 30 days thereafter.

(G)County Fee Schedule. The rate of compensation for appointed counsel shall be set by the county commissioners in each of the individual counties in the Eleventh District. The fee schedule for the five counties in the district will be displayed on the court's website at www.11thcourt.co.trumbull.oh.us.

(H)Admission Pro Hac Vice.

(1) This court may permit any out of state attorney who is admitted to practice in the highest court of a state, commonwealth, territory, or possession of the United States or the District of Columbia, or who is admitted to practice in the courts of a foreign state and is in good standing, to appear pro hac vice and file pleadings, memoranda, briefs, or other documents or participate in oral argument before the court.

(2) An attorney is eligible to be granted permission to appear pro hac vice upon motion filed with the court only after compliance with the requirements of Gov. Bar R. XII. The motion shall be filed immediately after the filing of a Notice of Appeal if possible. The court may withdraw admission pro hac vice at any stage of the proceedings.

Ohio. Loc. App. R. 6

Amended effective 6/1/2022; amended effective 7/3/2023; amended effective 7/1/2024.