New Appellate Rules of Procedure

Amendments to Rules 4, 9, 21, 25 and 26 of the Ohio Rules of Appellate Procedure have gone into effect as of July 1, 2011:

App. R. 4 clarifies the finality of a judgment in a dental, medical, optometric, or chiropractic claim when there has been a motion for attorney’s fees. The amendments also clarify the procedure to be followed when a notice of appeal is filed before the disposition of all post-trial motions.

App. R. 9 requires that a written transcript be the official record on appeal and that any electronic recording must be transcribed by a court-appointed reporter. Revisions emphasize that the trial court has the discretion to use anyone to transcribe the proceedings but continues to note that a stenographic reporter who was present for the proceedings is always acceptable.

App. R. 21 sets oral arguments in appeals courts automatically for most cases unless a local rule requires a party to request it.

App. R. 25 requires that a motion to certify an inter-district conflict is due within 10 days of the clerk’s service of the judgment or order first creating the conflict. Amendments also clarify that any subsequent appeal lies in the Supreme Court and that a motion to certify a conflict does not extend the time to file an appeal with the Supreme Court.

App. R. 26 specifically acknowledges that an appeals court can sua sponte order en banc consideration, which occurs when all the sitting judges of the district consider a matter that was heard by a three-judge panel.