Ohio Loc. App. R. 7

As amended through October 29, 2024
Rule 7 - MOTIONS TO STAY IN CIVIL AND JUVENILE APPEALS
(A)Filing.
(1) Any application or request to stay the execution of an appealed judgment shall be made in the form of a motion to this court. In addition to filing such motion with the clerk of courts, the moving party shall immediately serve the motion upon the opposing counsel or party in accordance with Ohio Civ.R. 5.
(2) If the moving party can demonstrate the existence of exigent circumstances, the court may ex parte grant a temporary stay until the opposing side can file a response and a final determination can be rendered on the motion. If the moving party specifically requests in the stay motion that a temporary stay be granted before the opposing counsel or party can respond, the stay motion shall be accompanied by an affidavit in which the moving party or counsel explains:
(1) the nature of the exigent circumstances; and
(2) the efforts which have been made to give the opposing counsel or party notice of the request.
(B)Duties of the Clerk.
(1)Transmission of Motion. Immediately upon the filing of the motion, the clerk shall transmit the motion to the court at its headquarters in Warren, Ohio by fax, e-mail, or other electronic format.
(2)Transmission of Order or Judgment Entry. The Court of Appeals shall transmit any order or judgment entry to the Court of Appeals' clerk by fax, e-mail, or other electronic format which shall constitute an original, and upon receipt, the clerk shall immediately docket and journalize the entry pursuant to Loc.R. 3(D).
(3)Notice of Order or Judgment. Immediately upon the entry of judgment or order, the clerk shall comply with Ohio App.R. 30(A), and the clerk shall transmit a time-stamped copy of the order by fax, e-mail, or other electronic format to the parties or their counsel of record, the court, and any other persons or entities affected by the order, including, but not limited to, a county sheriff.
(C)Contents of Motion. Any motion to stay, whether regarding a civil or criminal judgment, shall be accompanied by a memorandum which discusses the relevant factors concerning:
(1) whether the stay should be granted; and
(2) whether the posting of a supersedeas bond should be required. In addition, any motion to stay shall be accompanied by a copy of the trial court's judgment in which it overruled or denied a request to stay the appealed judgment. The failure of the moving party to satisfy the foregoing requirements may result in the sua sponte denial of the motion to stay.
(D)Response to the Motion. The response of the opposing party to the motion to stay shall be filed within seven days from the filing of the motion. This court, within its discretion, can either extend or shorten the period for the filing of the response. The response shall consist of a memorandum which discusses the relevant factors pertaining to the two issues cited in subsection (C) of this rule. Even if the moving party fails to discuss both issues in the memorandum accompanying the motion, the opposing party still has an obligation to discuss both issues. The granting of a temporary stay by this court does not relieve the opposing party of its obligation to submit a response to the motion, since a final decision on the motion still must be made.

Ohio. Loc. App. R. 7

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