As amended through October 29, 2024
(A) Oral Argument Procedure. A case will not be set for oral argument unless a party requests it. If any party requests oral argument, the case will be scheduled for oral argument and all parties who have filed a brief may appear. A party may request oral argument by including the words "ORAL ARGUMENT REQUESTED" prominently on the cover page of the appellant's opening brief or the appellee's brief. See App.R. 21(A). If any party requests oral argument, the case will be scheduled for oral argument for all parties. (1) A party who has requested oral argument cannot waive appearance at oral argument. A party who has not requested oral argument may waive the party's appearance by filing a waiver of oral argument no later than seven days before the date on which oral argument is scheduled.(2) If no party to an appeal requests oral argument, the Court will submit the case to a panel for decision in due course and the parties will be notified of the date on which the case is submitted.(3) The Court may, sua sponte, schedule a case for oral argument at which all persons otherwise permitted to argue shall appear and present oral argument. The Court may limit oral argument to specific issues.(B) Time Allowed for Argument. The appellant shall open oral argument and may reserve up to five minutes for rebuttal. In a case with more than one party on a side who intend to present oral argument, the parties aligned on that side will share the 15 minutes allotted to that side.(C) Persons Permitted to Argue. Only counsel of record or a party to the appeal who is not represented by counsel may present oral argument to the court. Counsel of record includes only those attorneys who are listed on the docketing statement, who have filed a notice of appearance in the case, or who are legal interns authorized under the Supreme Court of Ohio's Rules for the Government of the Bar and who have received this Court's permission to appear.(D) Continuance of Argument. No continuance of oral argument will be granted unless a written motion for a continuance is filed within 14 days from the date that the Court files the notice of oral argument. No untimely motion for continuance will be granted unless the moving party demonstrates exceptional circumstances that justify the continuance.(E) Supplemental Authority. If counsel or a party at oral argument intends to rely on authorities not cited in the brief, counsel or the party shall file a Notice of Supplemental Authority with the new material attached to the Notice. The court may accept the supplemental authority and allow other parties to the appeal to respond to the supplemental authority at oral argument or in writing after oral argument. The Notice should not include argument or be in the form of a brief.(F) Media broadcasting, recording or photographing court proceedings.(1) All media representatives who seek to televise, record or photograph specific court proceedings shall request permission from the Court in writing at least three days prior to the date on which the proceedings are scheduled to occur. The Court shall issue a written order authorizing the request in those proceedings that are open to the public, as provided by Ohio law.(2) The provisions of Rule 12 of the Ohio Rules of Superintendence shall apply, except that not more than one portable camera (television, videotape, or movie) with one operator or more than one audio system in the courtroom shall be permitted. Arrangements for the "pooling" of equipment shall be made as set forth in Sup.R. 12. (3) Media representatives shall at all times conduct such activity in a manner whereby the participants shall not be distracted or the dignity of the proceedings impaired.(4) The presiding judge may revoke the permission to broadcast, record, or photograph any proceeding for the failure of any media representatives to conduct themselves accordingly or for failure to comply with Sup.R. 12.(G) Clerk to send record. When the Court files an order scheduling oral argument or submission on briefs, the clerk of the court of appeals shall forward the record to the Court's main office and note on the docket that the file has been sent.(H) Precedence of Oral Argument. An oral argument scheduled before the Ninth District Court of Appeals takes precedence over pretrials and trials scheduled before any municipal court or court of common pleas.Adopted eff. 2/11/2017; amended eff. 1/1/2022.