Ohio Loc. App. R. 14

As amended through October 29, 2024

Rule 14 - Extensions of Time to File Brief

(A) Notice of automatic extension of time to file brief - regular calendar

For appeals on the regular calendar, a party may obtain a single, automatic 30-day extension of time to file any merit brief by filing a Notice of Automatic Extension of Time to File Brief (see Appendix of Forms). The notice must affirmatively and accurately state:

(1) The current due date for the filing of the brief;

(2) The new due date for the filing of the brief;

(3) The calendar type; and

(4) That no previous extensions for that brief have been taken.

The notice must be served on all opposing parties in accordance with App.R. 13(B) and must be filed on or before the due date for the brief. The notice shall be effective upon filing. Any notice that does not comply with these requirements shall not be effective upon filing and may be stricken.

Additional extensions for regular calendar cases shall be by motion as set forth in subsection (E) and are generally greatly disfavored and will rarely be granted.

(B) Notice of automatic extension of time to file brief-accelerated calendar For appeals on the accelerated calendar, a party may obtain a single, automatic 15-day extension of time to file any merit brief by filing a Notice of Automatic Extension of Time to File Brief (see Appendix of Forms). The notice must affirmatively and accurately state:

(1) The current due date for the filing of the brief;

(2) The new due date for the filing of the brief;

(3) The calendar type; and

(4) That no previous extensions for that brief have been taken.

The notice must be served on all opposing parties in accordance with App.R. 13(B) and must be filed on or before the due date for the brief. The notice shall be effective upon filing. Any notice that does not comply with these requirements shall not be effective upon filing and may be stricken. Additional extensions for accelerated calendar cases shall be by motion as set forth in subsection (E) and are generally greatly disfavored and will rarely be granted.

(C) Automatic extension for reply brief

The appellant may obtain a single, automatic 10-day extension of time to file a reply brief by filing a Notice of Automatic Extension of Time to File Brief. The notice must comply with the applicable subsection (A) or (B) above.

(D) Automatic extension of time not available

An automatic extension of time is not available in the following circumstances:

(1) If a case has been expedited;

(2) When a notice of oral argument has issued;

(3) For any brief filed in a preliminary injunction appeal; or

(4) Parental termination cases.

(E) Extensions other than automatic extension-motion for extension of time to file brief

In all other instances, an extension of time may be granted only upon written motion supported by a showing of diligence and substantial need. The motion shall be filed at least 3 days before the expiration of the time prescribed for filing the brief, and shall be accompanied by a statement indicating the following:

(1) When the brief is due;

(2) Whether the party has previously obtained an extension (automatic or by motion) to file that brief;

(3) The length of the requested extension, not to exceed 30 days ;

(4) The reason an extension is necessary;

(5) Movant's representation that movant has exercised diligence and that the brief

will be filed within the time requested; and

(6) Whether any other party separately represented objects to the request, or why the moving party has been unable to determine any such party's position.

A conclusory statement as to the press of business does not constitute a showing of diligence and substantial need.

(F) Late filings

The Court will not ordinarily accept late filings of briefs or motions for extensions of time except upon a showing of extraordinary circumstances made by motion to the Court.

Ohio. Loc. App. R. 14

Amended eff. 1/1/2022; amended eff. 2/1/2024.