Ohio Loc. App. R. 12

As amended through October 29, 2024
Rule 12 - Oral Argument
(A) If a party wants to present oral argument, the request must be made in writing. The request for oral argument shall be in the form of the words "ORAL ARGUMENT REQUESTED" displayed prominently on the cover page of the appellant's opening brief or the appellee's brief. If either party requests oral argument on the cover page of their opening brief, all parties who filed a brief will be permitted to argue. However if one of the parties has not formally requested oral argument on the cover page of the brief and they now desire to present oral argument, they must provide notice to the court that they intend to present oral argument no later than seven (7) days prior to the oral argument date. The failure of a party to notify the court may result in a reduction of allotted time for argument. The court may require oral argument in any case.

No time for oral argument shall be allotted to counsel who have filed amicus curiae briefs. However, with leave of court and the consent of counsel for the side whose position the amicus curiae supports, counsel for the amicus curiae may present oral argument within the time allotted to that side. If an amicus curiae wishes to participate in oral argument but either does not receive the consent of counsel of the side whose position the amicus curiae supports or does not expressly support the position of any parties to the case, the amicus curiae may seek leave from the court to participate in oral argument but such leave will be granted at the discretion of the court.

Notwithstanding any of the foregoing, the court is not required to schedule oral argument, even if requested, if any of the parties are both incarcerated and proceeding pro se. When no oral argument is scheduled, the date of the submission of the appeal for decision as well as the composition of the panel will be posted on the court of appeals' website.

(B) The court shall notify the parties or their attorneys in writing of the date, time, and location of the oral argument, as well as the composition of the oral argument panel. No continuance of oral argument will be granted unless a written motion establishing exceptional circumstances and good cause for the continuance is filed not later than seven (7) days after the date of the written notice. If a continuance is requested based on an earlier scheduled event in another court, proof of the earlier scheduled event must be attached to the motion for continuance. Additionally, the party requesting the continuance must contact opposing counsel or the opposing party, if pro se, to determine if they object to the continuance and notify the court of the objection or lack of objection in the motion for continuance.
(C) Pursuant to App.R. 21(B), oral argument will be fifteen (15) minutes per side. The time limit applies to all appeals, including cases involving cross-appeals and cases in which there are multiple appellants or multiple appellees. However, the court may, in its discretion, grant additional time for argument. Cases assigned for oral argument on the same day will be scheduled in the order of initial filing.

Ohio. Loc. App. R. 12

As amended through 6/1/2021; as amended effective 3/2/2022.