(A) Contents of Brief. In addition to the requirements of App.R. 16, the brief of appellant shall contain clear copies of the following:(1) These documents, as applicable, shall be included as the first exhibits to the brief. (a) The judgment entry appealed from; (Handwritten judgment entries are inappropriate and shall not be considered by this Court except for uniform traffic citations. See Ohio Traffic Rules);(b) Any opinion of the trial court announcing the decision reflected by the judgment entry appealed from;(c) Any written fact findings and conclusions of law signed and/or adopted by the trial judge contained in the record on appeal; and(2) Where a summary judgment is appealed, a statement on a separate page following the assignments of error, declaring whether the claim is that judgment is inappropriate as a matter of law on the undisputed facts or that a genuine dispute exists as to a material fact or facts, coupled with a separate statement of the specific fact issue or issues claimed in the trial court to have been material and genuinely disputed. See North v. Pa. Ry. Co.,9 Ohio St.2d 169, 224 N.E.2d 757, syllabus 2.(B) Length of Briefs. In addition to the requirements of App.R. 16, no brief by any party in an appeal or original action, excluding appendices, table of contents, table of cases, statement of assignments of errors, and statement of the issues shall exceed thirty pages, unless, upon a motion requesting an increase of a specific number of pages and the showing of good cause, this Court orders otherwise. No reply brief shall exceed fifteen pages.(C) Mechanical Requirements. All documents shall be single-sided and the text shall be at least 12-point, double-spaced, non-condensed type. Footnotes and quotations may be single spaced; however, they shall also be in 12 point, non-condensed type. As used in this provision, "non-condensed type" shall refer to Times New Roman type or Arial.(D) Font Requirements. The text of all documents shall be at least 12-point, double-spaced, non-condensed type. Footnotes and quotations may be single spaced; however, they shall also be in 12-point, non-condensed type. As used in this provision, "non-condensed type" shall refer to Times New Roman type or Arial.(E) Length of Time for Filing a Brief. In extension of App.R. 14(B), motions for enlargement of time to file a brief shall state the number of previous extensions granted pursuant to that rule. A motion to file a brief instanter must state that the brief was delivered to the clerk for filing with the motion to file instanter.(F) Filing and Service of Briefs on Cross-Appeal. In extension to App.R. 18, a cross-appellant shall serve and file the cross-appellant brief within the same time guidelines that apply to an appellee brief. The cross-appellee/appellant shall serve and file the cross-appellee brief and may serve and file an appellant reply brief within twenty days after service of the cross-appellant brief. The cross-appellant may serve and file a reply brief within ten days after service of the cross-appellee's brief.(G)Anders Brief with Motion to Withdraw as Counsel. (1) In a criminal appeal in which counsel has been appointed for the appellant, counsel may file a no error brief under the procedure identified in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). An Anders brief must contain potential assignments of error as well as law and argument with references to the record. When appellant's counsel files an Anders brief, counsel shall simultaneously file a separate motion requesting leave to withdraw as counsel. Counsel shall serve the client with the motion to withdraw and the Anders brief. Service on the client shall be indicated in the proof of service. Upon the filing of an Anders brief, the court will issue an Order that grants appellant leave to file a pro se brief and assignment(s) of error that comports with the appellate rules and local appellate rules within 45 days.
If the appellant files a pro se brief, the appellee may respond and the appellant may reply as provided by the Appellate Rules and Local Appellate Rules. Once briefing is complete, or the 45-day period for filing a pro se brief has lapsed without a brief being filed, the appeal and the motion to withdraw will be assigned to a merit panel for review. The panel will conduct an independent examination of the record to determine if it discloses an issue of arguable merit prejudicial to the appellant. The appeal will be considered submitted on the briefs unless the court sua sponte sets an oral argument date. Should the panel find arguable merit, the Court shall order the appointment of new counsel and the matter will proceed accordingly.
(2) The Court will accept Anders briefs in criminal appeals only. It will not accept Anders briefs in non-criminal appeals, including termination of parental rights or legal custody appeals. See In the Matter of: K.M., Adjudged Neglected/Dependent Child, Tuscarawas App. No. 2019 AP 08 0033, 2020-Ohio-350.Former Rules 4, 5, and 7 adopted effective 10/1/1981; amended effective 5/29/1984; 8/30/1995; amended and renumbered as Rule 9 effective 5/1/1997; amended effective 1/1/2008; amended effective 3/31/2011; amended effective 2/1/2012; amended effective 6/1/2012; amended effective 1/1/2019; amended effective 7/1/2020; amended effective 11/1/2023.