Rule 7.08 - Determination of Jurisdiction(A) Time to review(1)(a) After the time for filing jurisdictional memoranda has passed, the Supreme Court will review the jurisdictional memoranda filed and determine whether to accept the appeal and decide the case on the merits. (b) If the appeal involves termination of parental rights or adoption of a minor child, or both, the Supreme Court will expedite its review and determination. (2)(a) If the appellee has filed a waiver in lieu of a memorandum in response, the Supreme Court may review the memorandum in support of jurisdiction and determine whether to accept the appeal before the deadline for filing the memorandum in response. (b) Upon review of the memorandum in support of jurisdiction and notwithstanding the appellee's filing of a waiver, the Supreme Court may direct the appellee to fi le a memorandum in response before it decides whether to accept the appeal. (3) The Supreme Court may hold its determination of whether to accept a jurisdictional appeal pending the outcome of any other case before the Supreme Court that may involve a dispositive issue. (B) Decision on jurisdiction Upon review of the jurisdictional memoranda, the Supreme Court will do one of the following:
(1) Accept the appeal and order that the case be briefed in accordance with the applicable provisions of S.Ct.Prac.R. 16.01 through 16.08; (2) Accept the appeal and hold the decision in the appeal for another case that is pending before the Supreme Court; (3) Accept the appeal and enter judgment summarily; (4) Decline to accept the appeal. In declining to accept an appeal the Supreme Court has determined that one or more of the following are applicable after review of the jurisdictional memoranda: (a) The appeal does not involve a substantial constitutional question and should be dismissed;(b) The appeal does not involve a question of great general or public interest; (c) The appeal does not involve a felony; (d) The appeal does involve a felony, but leave to appeal is not warranted.(5) Take any other action the Supreme Court deems appropriate.(C) Jurisdictional memorandum from state solicitor In any jurisdictional appeal in which the state is not a party but nevertheless may have an interest, the Supreme Court may invite the state solicitor to file a jurisdictional memorandum expressing the views of the state before making its determination of jurisdiction.
Ohio. R. Prac. S. Ct. 7.08
Amended:4/1/1996; 4/1/2000; 4/1/2002; 7/1/2004; 1/1/2008; 1/1/2010; 1/1/2013.