Ohio App. R. 11.2

As amended through March 13, 2024

Rule 11.2 - Expedited Appeals

(A) Applicability. Appeals in actions described in this rule shall be expedited and given calendar priority over all other cases, including criminal and administrative appeals. The Ohio Rules of Appellate Procedure shall apply with the modifications or exceptions set forth in this rule.

(B) Abortion-related appeals from juvenile courts.

(1) Applicability. App. R. 11.2(B) shall govern appeals pursuant to sections 2151.85, 2505.073, and 2919.121 of the Revised Code.

(2) General rule of expedition. If an appellant files her notice of appeal on the same day as the dismissal of her complaint or petition by the juvenile court, the entire court process, including the juvenile court hearing, appeal, and decision, shall be completed in sixteen calendar days from the time the original complaint or petition was filed.

(3) Processing appeal.

(a) Immediately after the notice of appeal has been filed by the appellant, the clerk of the juvenile court shall notify the court of appeals. Within four days after the notice of appeal is filed in juvenile court, the clerk of the juvenile court shall deliver a copy of the notice of appeal and the record, except page two of the complaint or petition, to the clerk of the court of appeals who immediately shall place the appeal on the docket of the court of appeals.

(b) Record of all testimony and other oral proceedings in actions pursuant to sections 2151.85 or 2919.121 of the Revised Code may be made by audio recording. If the testimony is on audio tape and a transcript cannot be prepared timely, the court of appeals shall accept the audio tape as the transcript in this case without prior transcription. The juvenile court shall ensure that the court of appeals has the necessary equipment to listen to the audio tape.

(c) The appellant under division (B) of this rule shall file her brief within four days after the appeal is docketed. Unless waived, the oral argument shall be within five days after docketing. Oral arguments must be closed to the public and exclude all persons except the appellant, her attorney, her guardian ad litem, and essential court personnel.

(d) Under division (B) of this rule, "days" means calendar days and includes any intervening Saturday, Sunday, or legal holiday. To provide full effect to the expedition provision of the statute, if the last day on which a judgment is required to be entered falls on a Saturday, Sunday, or legal holiday, the computation of days shall not be extended and judgment shall be made either on the last business day before the Saturday, Sunday, or legal holiday, or on the Saturday, Sunday, or legal holiday.

(4) Confidentiality. All proceedings in appeals governed by App. R. 11.2(B) shall be conducted in a manner that will preserve the anonymity of the appellant. Except as set forth in App. R. 11.2(B)(6) and (7), all papers and records that pertain to the appeal shall be kept confidential.

(5) Judgment entry. The court shall enter judgment immediately after conclusion of oral argument or, if oral argument is waived, within five days after the appeal is docketed.

(6) Release of records. The public is entitled to secure all of the following from the records pertaining to appeals governed by App. R. 11.2(B):

(a) the docket number;

(b) the name of the judge;

(c) the judgment entry and, if appropriate, a properly redacted opinion.

Opinions shall set forth the reasoning in support of the decision in a way that does not directly or indirectly compromise the anonymity of the appellant. Opinions written in compliance with this requirement shall be considered public records available upon request. If, in the judgment of the court, it is impossible to release an opinion without compromising the anonymity of the appellant, the entry that journalizes the outcome of the case shall include a specific finding that no opinion can be written without disclosing the identity of the appellant. Such finding shall be a matter of public record. It is the obligation of the court to remove any and all information in its opinion that would directly or indirectly disclose the identity of the appellant.

(7) Notice and hearing before release of opinion. After an opinion is written and before it is available for release to the public, the appellant must be notified and be given the option to appear and argue at a hearing if she believes the opinion may disclose her identity. Notice may be provided by including the following language in the opinion:

If appellant believes that this opinion may disclose her identity, appellant has the right to appear and argue at a hearing before this court. Appellant may perfect this right to a hearing by filing a motion for a hearing within fourteen days of the date of this opinion.

The clerk is instructed that this opinion is not to be made available for release until either of the following:

(a) Twenty-one days have passed since the date of the opinion and appellant has not filed a motion;

(b) If appellant has filed a motion, after this court has ruled on the motion.

Notice shall be provided by mailing a copy of the opinion to the attorney for the appellant or, if she is not represented, to the address provided by appellant for receipt of notice.

(8) Form 25 -A. Upon request of the appellant or her attorney, the clerk shall verify on Form 25 -A, as provided in the href="rb://s/000"Rules of Superintendence, the date the appeal was docketed and whether a judgment has been entered within five days of that date. The completed form shall include the case number from the juvenile court and the court of appeals, and shall be filed and included as part of the record. A date-stamped copy shall be provided to the appellant or her attorney.

(C) Adoption and parental rights appeals.

(1) Applicability. Appeals from orders granting or denying adoption of a minor child or from orders granting or denying termination of parental rights shall be given priority over all cases except those governed by App. R. 11.2(B).

(2) Record. Preparation of the record, including the transcripts and exhibits necessary for determination of the appeal, shall be given priority over the preparation and transmission of the records in all cases other than those governed by App. R. 11.2(B).

(3) Briefs. Extensions of time for filing briefs shall not be granted except in the most unusual circumstances and only for the most compelling reasons in the interest of justice.

(4) Oral argument. After briefs have been filed, the case shall be considered submitted for immediate decision unless oral argument is requested or ordered. Any oral argument shall be heard within thirty days after the briefs have been filed.

(5) Entry of judgment. The court shall enter judgment within thirty days of submission of the briefs, or of the oral argument, whichever is later, unless compelling reasons in the interest of justice require a longer time.

(D) Prosecutorial appeals from suppression orders; appeals concerning dependent, abused, neglected, unruly, or delinquent children. Prosecutorial appeals under Crim. R. 12(K) and Juv. R. 22(F) and appeals concerning a dependent, abused, neglected, unruly, or delinquent child shall be expedited and given calendar priority over all cases other than those governed by App. R. 11.2(B) and (C).

Ohio. App. R. 11.2

Effective:7/1/2000;7/1/2001;7/1/2015.

Staff Note (July 1, 2015 amendment)

App. R. 11.2 lists various categories of expedited appeals that are entitled to priority over other appeals. The categories are amended to include prosecutorial appeals from suppression orders under Crim. R. 12(K) and Juv. R. 22(F), both of which provide for priority disposition.

Staff Note (July 1, 2001 Amendment)

Appellate Rule 11.2 Expedited Appeals

The amendment to App. R. 11.2 effective July 1, 2001 incorporated into one rule provisions for expedited appeals that previously had been in App. R. 7(C), App. R. 11.2, and Sup. R. 23(F) and 25. It provides that appeals in three categories of cases are to be expedited and given priority over all other civil, criminal, and administrative appeals. The first of the three categories includes cases concerning abortion- related appeals from juvenile courts. Sup. R. 23(F) and 25 address appeals of such cases. The second includes cases concerning adoption and termination of parental rights. App. R. 11.2 addressed appeals of such cases. The third includes cases concerning dependent, abused, neglected, unruly, or delinquent children. Prior to its amendment also effective July 1, 2001, App. R. 7(C) addressed appeals of such cases. To reflect the expanded scope of this rule, the title of the rule was changed from "Adoption and Parental Rights Appeals."

As amended, App. R. 11.2 also establishes a hierarchy among the three categories of cases. Abortion-related appeals from juvenile courts are to have the highest priority. Appeals of cases concerning adoption and termination of parental rights have priority over all cases except cases concerning abortion without parental consent. Appeals of cases concerning dependent, abused, neglected, unruly, or delinquent children are to have priority over all cases except cases concerning abortion without parental consent and cases concerning adoption and termination of parental rights.

App. R. 11.2(B)(1) - (8) generally recite the language of Sup. Rule 25(A) - (G) with two exceptions. The first exception is that the last sentence of App. R. 11.2(B)(3)(b) incorporates the last sentence of Sup. R. 23(F)(2). The second is that App. R. 11.2(B)(4) omits the last portion of Sup. R. 25(C), which states that papers and records in the appeal "are not public records under section 149.43 of the Revised Code."

Staff Note (July 1, 2000 Amendment)

Rule 11.2 Adoption and Parental Rights Appeals

In 1997, the federal government enacted the Adoption and Safe Families Act that reduces the length of time to find permanent homes for children who have been removed from their birth parents. In March 1999, Am. Sub. H.B. 484 of the 122nd General Assembly (Ohio's Adoption and Safe Families Act) became effective. The legislation was intended to accelerate the judicial process of finding permanent homes for children removed from their birth parents. It did not address the delays inherent in appeals of orders in that process.

This new rule addresses appeals of orders granting or denying adoptions of minors and terminations of parental rights, and provides for these cases to have priority in the courts of appeals.