Ohio App. R. 21

As amended through March 13, 2024

Rule 21 - Oral Argument

(A) Scheduling and requesting oral argument.

The court shall schedule oral argument in all cases, whether or not requested by a party, unless the court has adopted a local rule requiring a party to request oral argument. In the event of such a local rule, the court shall schedule oral argument at the request of any of the parties. Such a request 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; no separate motion or other filing is necessary to secure oral argument. Notwithstanding any of the foregoing, the court is not required to schedule oral argument, even if requested, if any of the parties is both incarcerated and proceeding pro se.

(B) Notice of oral argument and of appellate panel.

(1) The court shall advise all parties of the time and place at which oral argument will be heard.

(2) No later than fourteen days prior to the date on which oral argument will be heard, the court of appeals shall make available to the parties the names of the judges assigned to the three-judge panel that will hear the case. If the case is submitted on briefs without oral argument, the court of appeals shall make available to the parties the names of the judges assigned to the three-judge panel that will hear the case no later than fourteen days prior to the date on which the case is submitted to the panel. If the membership of the panel changes after the names of the judges are made available to the parties pursuant to this rule, the court of appeals shall immediately make the new membership of the panel available to the parties.

(C) Time allowed for argument.

Unless otherwise ordered, each side will be allowed fifteen minutes for argument. Either sua sponte or upon motion, the court may vary the time for oral argument permitted by this rule. Motions to vary the time for oral argument shall be filed at least fourteen days before the date scheduled for oral argument. A party is not obliged to use all of the time allowed, and the court may terminate the argument whenever in its judgment further argument is unnecessary.

(D) Order and content of argument.

The appellant is entitled to open and conclude the argument, except in the case of a cross appeal. The opening argument shall include a fair statement of the case. Counsel will not be permitted to read at length from briefs, records or authorities.

(E) Cross and separate appeals.

A cross-appeal or separate appeal shall be argued with the initial appeal at a single argument, unless the court otherwise directs. Separate appellants or appellees shall share the fifteen minutes allowed to their side for argument unless pursuant to timely request the court grants additional time. Separate parties supporting the same side of an appeal may agree to divide their time however they choose.

(F) Nonappearance of parties.

If the appellee fails to appear to present argument, the court will hear argument on behalf of the appellant, if present. If the appellant fails to appear, the court may hear argument on behalf of the appellee, if appellee's counsel is present. If neither party appears, the case will be decided on the briefs unless the court shall otherwise order.

(G) Submission on briefs.

By agreement of the parties, a case may be submitted for decision on the briefs, but the court may direct that the case be argued.

(H) Motions.

Oral argument will not be heard upon motions unless ordered by the court.

(I) Citation of Additional Authorities. If counsel on oral argument intends to present authorities not cited in the brief, counsel shall, at least five days prior to oral argument, present in writing such authorities to the court and to opposing counsel, unless there is good cause for a later presentment.

(J) Beginning September 1, 2021, the court shall make an audio or video recording of all oral arguments. Such recordings shall be made available to the parties or public upon request, at their actual cost pursuant to Sup.R. 44.

Ohio. App. R. 21

Effective:7/1/1971; amended effective 7/1/1975;7/1/1976;7/1/2011;7/1/2012;7/1/2013; amended March 12, 2020, effective 7/1/2020; amended April 29, 2021, effective 7/1/2021.

Staff Notes (July 1, 2013 Amendments)

The amendment to App. R. 21 requires that any additional authority must be presented at least five days before oral argument, unless there is good cause for later presentment, such as the unavailability of the authority until closer to the time of argument or thereafter.

Staff Note (July 1, 2011 amendment)

The amendment to App. R. 21(A) is designed to create a uniform state-wide practice for requesting oral argument for those districts that do not schedule it automatically.