Ohio Loc. App. R. 23

As amended through October 29, 2024
Rule 23 - Sanctions and Vexatious Litigator
(A) If the First District Court of Appeals, sua sponte or on motion by a party, determines that an appeal, original action, or motion is frivolous or is prosecuted for delay, harassment, or any other improper purpose, it may impose on the person who signed the appeal, original action, or motion, a represented party, or both, appropriate sanctions. The sanctions may include an award to the opposing party of reasonable expenses, reasonable attorney fees, costs or double costs, or any other sanction the First District Court of Appeals considers just. An appeal, original action, or motion shall be considered frivolous if it is not reasonably well-grounded in fact, or warranted by existing law, or by a good faith argument for the extension, modification, or reversal of existing law.
(B) If a party habitually, persistently, and without reasonable cause engages in frivolous conduct under subsection (A) of this rule, the First District Court of Appeals may, sua sponte or on motion by a party, find the party to be a vexatious litigator in this Court. If the First District Court of Appeals determines that a party is a vexatious litigator under this rule, the Court may impose filing restrictions on the party. The restrictions may include prohibiting the party from continuing or instituting legal proceedings in the First District Court of Appeals without first obtaining leave, prohibiting the filing of actions in the First District Court of Appeals without the filing fee or security for costs, or any other restriction the First District Court of Appeals considers just.
(C) Any party that has been declared a vexatious litigator under R.C. 2323.52 or Loc.R. 23 must seek leave of court to proceed with any appeal or original action that is filed in the First District Court of Appeals. The failure to comply with R.C. 2323.52(F)(2) shall result in the dismissal of any appeal or original action as filed by a party that has been declared a vexatious litigator. Any motion, other than one for leave, filed in an existing case by a party that has been declared a vexatious litigator will be deemed stricken by operation of this rule.

Ohio. Loc. App. R. 23

Adopted eff. 2/1/2024.