Rule 16.05 - Merit Briefs in Case Involving Cross-Appeal(A) Requirements In a case involving a cross-appeal, each of the parties shall be permitted to file two briefs, and each brief shall conform to the requirements of S.Ct.Prac.R. 16.02(B).
(B) First brief(1)(a) In every appeal involving termination of parental rights or adoption of a minor child, or both, the appellant/cross-appellee shall file the first merit brief within twenty days from the date the clerk files the record from the court of appeals.(b) In every other appeal, the appellant/cross-appellee shall file the first merit brief within forty days from the date the clerk files the record from the court of appeals or the administrative agency. (2)(a) Except in death-penalty appeals of right and in postconviction death-penalty appeals, the first brief shall not exceed fifty numbered pages, exclusive of the table of contents, the table of authorities cited, the certificate of service, and the appendix. (b) In death-penalty appeals of right filed pursuant to S.Ct.Prac.R. 5.01(A)(1), (2), (4), or (6) and in postconviction death-penalty appeals filed pursuant to S.Ct.Prac.R. 7, the first brief has no page limitation.(C) Second brief (1)(a) In every appeal involving termination of parental rights or adoption of a minor child, or both, the appellee/cross-appellant shall file the second merit brief within twenty days after the filing of the first brief. (b) In every other appeal, the appellee/cross-appellant shall file the second merit brief within thirty days after the filing of the first brief. The second brief shall be a combined brief containing both a response to the appellant/cross-appellee's brief and the propositions of law and arguments in support of the cross-appeal. (2)(a) Except in death-penalty appeals of right and in postconviction death-penalty appeals, the second brief shall not exceed fifty numbered pages, exclusive of the table of contents, the table of authorities cited, the certificate of service, and the appendix.(b) In death-penalty appeals of right filed pursuant to S.Ct.Prac.R. 5.01(A)(1), (2), (4), or (6) and in postconviction death-penalty appeals filed pursuant to S.Ct.Prac.R. 7, the second brief has no page limitation.(D) Third brief (1)(a) In every appeal involving termination of parental rights or adoption of a minor child, or both, the appellant/cross-appellee shall fi le the third merit brief within twenty days after the filing of the second brief. (b) In every other appeal, the appellant/cross-appellee shall file the third merit brief within thirty days after the filing of the second brief. If the appellant/cross-appellee elects to fi le a reply brief in that party's appeal, the third brief shall be a combined brief containing both a reply and a response to the arguments in the cross-appeal. Otherwise, the third brief shall include only a response in opposition to the cross-appeal. (2)(a) Except in death-penalty appeals of right and in postconviction death-penalty appeals, the third brief shall not exceed fifty numbered pages, exclusive of the table of contents, the table of authorities cited, the certificate of service, and the appendix.(b) In death-penalty appeals of right filed pursuant to S.Ct.Prac.R. 5.01(A)(1), (2), (4), or (6) and in postconviction death-penalty appeals filed pursuant to S.Ct.Prac.R. 7, the third brief has no page limitation.(E) Fourth brief(1) The fourth brief may be filed by the appellee/cross-appellant only as a reply brief in the cross-appeal. (a) In every appeal involving termination of parental rights or adoption of a minor child, or both, if a fourth brief is fi led, it shall be filed within fi fteen days after the filing of the third brief. (b) In every other appeal, if a fourth brief is filed, it shall be filed within twenty days after the filing of the third brief. (2)(a) Except in death-penalty appeals of right and in postconviction death-penalty appeals, the fourth brief shall not exceed twenty numbered pages, exclusive of the table of contents, the table of authorities cited, the certificate of service, and the appendix.(b) In death-penalty appeals of right filed pursuant to S.Ct.Prac.R. 5.01(A)(1), (2), (4), or (6) and in postconviction death-penalty appeals filed pursuant to S.Ct.Prac.R. 7, the fourth brief has no page limitation.Ohio. R. Prac. S. Ct. 16.05
Amended: 4/1/1996; 4/1/2000; 6/1/2000; 7/1/2004; 1/1/2008; 1/1/2010; 1/1/2013; effective 6/1/2017; amended October 4, 2022, effective 1/1/2023.