Ohio Loc. App. R. 21

As amended through October 29, 2024

Rule 21 - Oral Argument

(A) Request for oral argument

The Court encourages oral argument. To request oral argument, the party shall note on the cover page of any brief (appellant, appellee, or reply) "Oral Argument Requested." An appellant who does not file a reply brief, but wishes to request oral argument, may do so by filing a notice of request for oral argument within the deadline for the reply brief. If any party requests oral argument, such requests will be granted and the case will be scheduled for oral argument for all parties, subject to the provisions in subsection (C).

(1) If a party wishes to waive its right to oral argument when filing its brief, it shall note on the cover page of its brief: "[Party] Hereby Waives Its Right to Oral Argument and Submits Its Case."

(2) If no party to an appeal requests oral argument within the time for filing of the appellant's reply brief or if both parties indicate on their briefs that they waive oral argument, the Court will submit the case to a panel for decision without oral argument in due course and the parties will be notified of the date on which the case is submitted.

(3) Once the briefing period is closed, a party who has requested oral argument cannot subsequently waive appearance at oral argument, except in emergency circumstances.

(4) Parties shall be present in court 15 minutes prior to the scheduled time of oral argument. If a party is not present in court 15 minutes prior to the scheduled time of oral argument, the Court has the discretion to treat this as a waiver of appearance and the party may not be permitted to argue.

(B) Court-ordered oral argument

The Court may order oral argument in any case even if no request for oral argument has been made.

(C) Oral argument not permitted

The Court will not hear oral argument and will notify counsel, or the party if unrepresented, of the date when the appeal will be submitted on the briefs, under the following circumstances:

(1) An incarcerated appellant is self-represented; or

(2) Appellant's counsel has filed a no-error brief under the procedure set forth in Loc.R. 16.2.

(D) Notice of oral argument and of appellate panel

(1) The Court will provide written notification to all parties of the date, time, and place when oral argument will be heard.

(2) No later than 14 days prior to the date on which oral argument will be heard, the Court will make available to the parties the names of the judges that will hear the case. This information will be posted on the Court's website, and it will also be made available upon inquiry to the Court. Any changes to the panel will be immediately posted on the Court's website and made available to any person making inquiry of the Court.

(E) Remote arguments

If a party wishes to participate in oral argument remotely via videoconferencing, the party shall file a motion with any brief detailing the reasons underlying the request for remote argument in lieu of in-person oral argument and address whether any party objects to the request, or why the moving party has been unable to determine any such party's position. The Court, in its discretion, will determine whether to grant or deny the request to hold oral argument remotely, or to require in-person oral argument. Request for remote argument after close of briefing will only be considered in emergency circumstances.

(F) Time allowed for oral argument

Oral argument shall be limited to 15 minutes per side. This time limit applies to all appeals, including cases on the regular calendar, cases involving cross-appeals, and cases in which there are multiple appellants or multiple appellees. The Court may enlarge the time for oral argument either upon its own initiative or upon good cause shown in a written motion filed within the time provided for filing the brief. If the Court enlarges the time for oral argument, it will notify counsel, or the party if unrepresented, of the time set.

(G) Citation to additional authorities

If pertinent and significant authorities come to a party's attention after a party has filed its brief but before the Court has issued its decision, the party may promptly file a notice of supplemental authority, with a copy to all other parties, setting forth the citations. The notice must state the proposition of law for which the supplemental authorities are cited and refer either to an assignment of error or to a point argued orally. The notice must not exceed 300 words. Any response must be made promptly and must be similarly limited.

(H) Courtroom decorum

During oral argument, no person present in the courtroom shall operate a cellphone or any other electronic device without prior approval of the Court. Counsel of record may use electronic devices at counsel tables or at the podium provided that the devices are set to silent, and are not used to photograph, record, or broadcast.

(I) Real or demonstrative evidence

During oral argument, no party shall display real or demonstrative evidence that is contained in the record certified for review, or a reproduction of that evidence that is substantially similar to the evidence itself, unless authorized by the Court upon a motion filed no later than seven days before the date set for oral argument.

Ohio. Loc. App. R. 21

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