Ohio Loc. App. R. 9

As amended through October 29, 2024
Rule 9 - Oral Argument
(A)Scheduling of argument. No oral argument will be scheduled unless the court orders it sua sponte or if any party to the appeal files a written notice requesting oral argument. Such request shall be in the form of the words "ORAL ARGUMENT REQUESTED" displayed prominently on the cover page of any appellant's or cross-appellant's opening brief or any appellee's or cross-appellee's brief. If oral argument by Zoom is requested, the party requesting the Zoom oral argument shall specify such on the cover page of the party's opening brief and designate "Zoom Oral Argument Requested." The party requesting the Zoom argument shall also file a motion with its brief detailing the extraordinary circumstances underlying the request for Zoom argument in lieu of in-person oral argument. The court, in its discretion, shall determine whether to grant or deny the request to hold oral argument via Zoom, or to require in-person oral argument. For briefs filed prior to the effective date of this rule, once a party has been notified of oral argument, the party shall within 7 days of notification of said argument file a motion to hold the oral argument via Zoom. The court also reserves the right to sua sponte convert an-in person argument to a Zoom argument if extaordinary circumstances arise.
(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) When oral argument is scheduled, all parties who file a brief will be permitted to argue.
(3) When no oral argument is scheduled, the court will notify the parties of the date the appeal is submitted for determination.
(4) No oral argument will be scheduled in appeals in which appellant is acting pro se and is incarcerated.
(B)Continuance of Oral Argument . Parties or their attorneys will be notified in writing of the date and time oral argument of their case is scheduled. No continuances of oral argument will be granted unless the party requesting a continuance applies by written motion demonstrating exceptional circumstances, filed within seven (7) days after the date of the written notice of scheduling of oral argument. If no written motion for continuance is filed within seven (7) days, the case will be heard on the date and time contained in the court's written notice to the parties. Continuances beyond this period will be granted only upon a showing of extraordinary circumstances as determined by the court.
(C)Length of Time. In accordance with App.R. 21(C), oral argument shall be 15 minutes per side. A party may file a motion for additional time to argue. The motion must be filed as a separate document and no later than 14 days after the date that appellee's brief is filed or due to be filed. The motion shall be determined by at least two judges. If the motion is granted, appellant and appellee will receive equal time. Unless the court otherwise orders, if there are multiple appellants and/or appellees, then all appellants and all appellees shall share the time allotted for each side.
(D)Settlement Prior to and After Oral Argument or Submission for Determination. When the court has scheduled or heard a case for oral argument or it has been submitted for determination and is subsequently notified that the case is settled and/or will be dismissed, appellant/cross-appellant shall file a notice of dismissal with the court of appeals clerk within 30 days from the date of notification that the case is settled and/or will be dismissed. If appellant/cross-appellant fails to file a notice of dismissal within 30 days, the court shall sua sponte dismiss the appeal.
(E)Audio Transcripts. Pursuant to App.R. 21(J), a party wishing to request an audio recording of oral argument shall file a notice with the court of appeals clerk requesting the recording no less than 10 days before the scheduled argument.

Ohio. Loc. App. R. 9

Effective 1/1/1980; effective 10/1/1986; 8/1/1989; 10/1/1991; 7/1/1992; 6/30/1994; 1/1/1998, amended, effective 7/1/2002; 7/1/2006; 1/1/2011; amended effective 9/1/2011; 7/1/2013; 1/1/2020; amended, effective 8/24/2021.