Ohio Loc. App. R. 8

As amended through October 29, 2024
Rule 8 - BRIEFS
(A)General Requirements

All briefs shall be in writing and shall contain the matter provided by App.R. 16, be in the form provided by App.R. 19, and be filed within the times provided by App.R. 18, except as otherwise provided herein. When the appellant's brief is filed before the record is filed, the appellee's brief shall be filed no later than 20 days after the date on which the record is filed.

(1) The body text of a brief must be set in a plain, legible typeface of at least 16 points, such as Times New Roman or Arial. Footnotes are discouraged, but where necessary must be set in the same typeface as used in the body of the brief. The body text of a brief must be double-spaced, but quotations of 50 words or more may be single spaced and blocked. Margins must be at least one inch on all four sides. Page numbers may be placed in the margins, but no text may appear there.
(2) Briefs shall present the statement of the case and the argument with accuracy, brevity, and clarity, and include only that which is essential to a ready and accurate understanding of the issues raised by the assignments of error. The title page of briefs shall include the appropriate designation "REGULAR CALENDAR" or "ACCELERATED CALENDAR" beneath the case number assigned to the appeal or action.
(3) Citation to authority in a brief shall be included in the body text and conform to the Manual of Citation issued by the Supreme Court of Ohio's Reporter of Decisions.
(B)Length of Briefs

A brief must be paginated. In a matter assigned to the regular calendar, a principal brief shall not exceed 60 pages and a reply brief shall not exceed 20 pages. In a matter assigned to the accelerated calendar, a principal brief shall not exceed 30 pages and no reply brief is permitted. The page limits for principal briefs shall not be exceeded without prior leave of the court obtained in accordance with paragraph (C) of this rule. In no circumstances shall a reply brief in excess of 20 pages be permitted. The cover page, table of contents, table of cases, statement of the assignments of error, statement of the issues, and any addendum/appendix do not count toward these page limitations. Briefs in excess of 30 pages filed in a matter assigned to the accelerated calendar may be stricken or the matter may be reassigned to the regular calendar at the court's discretion.

(C)Motion for Leave to File Long Brief

For good cause shown and in extraordinary circumstances, the court may grant a party leave to file a principal brief in excess of the page limitation set forth in paragraph (B) above. Application for leave to file a brief in excess of these limits shall be by motion filed no later than 7 days prior to the time for filing the brief. Such motion shall specify the number of extra pages requested and the reasons why the extra pages are required. Such motion shall be considered in accordance with Loc. R. 6, but will be granted in only rare circumstances.

(D)Cross-Appeals

The brief in support of a separate appeal or a cross-appeal shall be filed within the time provided in App.R. 18(A) for the filing of the brief in support of an appeal, except that if a notice of cross-appeal states that the cross-appeal is conditioned upon the granting of relief to appellant, the cross-appellant's brief may be filed as part of the cross-appellant's (appellee's) answer brief to the brief of appellant.

(E)Addendum/Appendix Disfavored

The inclusion with a brief of an addendum or appendix is generally disfavored. Documents such as the trial court decision and judgment entry, lower court pleadings, evidentiary materials, and generally accessible legal authority need not be attached to a brief. Any addendum/appendix that is filed shall include a table of contents for reference purposes indexed to the numbered items contained therein.

(F)Anders Briefs

In criminal appeals counsel may file a no-error brief under the procedure identified in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), and its progeny, if counsel concludes that the appeal presents no issue of arguable merit prejudicial to the defendant and is wholly frivolous. Consistent with this court's decision in In re A.L., 2022-Ohio-4095, no-error briefs may not be filed in permanent custody cases.

Ohio. Loc. App. R. 8

Amended effective 7/1/2015; as amended effective 7/1/2021; amended effective 7/1/2023; amended effective 7/1/2024.