Ohio R. Prac. S. Ct. 7.02

As amended through March 13, 2024
Rule 7.02 - Memorandum in Support of Jurisdiction

[See Appendix D following these rules for a sample memorandum.]

(A) Filing

In a jurisdictional appeal, unless otherwise provided in S.Ct.Prac.R. 7.01, the appellant shall file a memorandum in support of jurisdiction with the notice of appeal.

(B) Page limitation
(1) Except in postconviction death-penalty cases, a memorandum in support of jurisdiction shall not exceed fifteen numbered pages, exclusive of the table of contents and the certificate of service.
(2) In a postconviction death-penalty case there is no page limit for the memorandum in support of jurisdiction.
(C) Parts of the memorandum

A memorandum in support of jurisdiction shall contain all of the following:

(1) A table of contents, which shall include numbered propositions of law arranged in order;
(2) A thorough explanation of why a substantial constitutional question is involved, why the case is of public or great general interest, or, in a felony case, why leave to appeal should be granted;
(3) A statement of the case and facts;
(4) A brief and concise argument in support of each proposition of law.
(D) Required Attachments
(1) A date-stamped copy of the court of appeals' opinion and judgment entry being appealed shall accompany the memorandum in support of jurisdiction. If a delayed appeal was granted or if a copy of the court of appeals' opinion and judgment entry was previously attached to a motion for stay, then a date-stamped copy of the court of appeals' opinion and judgment entry is not required to accompany the memorandum in support of jurisdiction. For purposes of this rule, a date-stamped copy of the court of appeals' judgment entry shall mean a copy bearing the file stamp of the clerk of the court of appeals and reflecting the date on which the court of appeals filed its judgment entry for journalization with its clerk under App.R. 22.
(2) In postconviction death-penalty cases, the appellant shall also attach the findings of fact and conclusions of law issued by the trial court or a notice that no findings of fact or conclusions of law were issued by the trial court.
(3) The appellant may also attach any other judgment entries or opinions issued in the case, if relevant to the appeal. The memorandum shall not include any other attachments.
(E) Refusal to file

Except as otherwise provided in S.Ct.Prac.R. 7.01(A), if the appellant does not tender a memorandum in support of jurisdiction for timely filing along with the notice of appeal, the Clerk of the Supreme Court shall refuse to file the notice of appeal.

Ohio. R. Prac. S. Ct. 7.02

Effective Date:6/1/1994; Amended: 4/1/1996; 4/1/2000; 4/1/2002; 7/1/2004; 1/1/2008; 1/1/2010; 1/1/2013; 1/1/2015; amended January 8, 2019, effective 3/1/2019.