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LOCAL RULES OF THE THIRD APPELLATE JUDICIAL DISTRICT
As amended through June 23, 2004

LOCAL RULE 1. COSTS DEPOSITS

(A) In original actions. No complaint in an original action (mandamus, prohibition, procedendo, quo warranto or habeas corpus) may be accepted for filing in this Court unless the party bringing the action shall have first deposited with the clerk of this Court the sum of $150.00 as security for the payment of the costs that may accrue in the action and subpoenas may not issue for witnesses in actions in habeas corpus unless an additional deposit in the amount of $20.00 as security for costs shall be deposited with the clerk together with the praecipe for subpoena. Provided, however, that if the party bringing the action or the party seeking the attendance of witnesses makes and files with the clerk his sworn affidavit of inability to secure costs by such prepayment, the clerk shall, as appropriate, receive and file the complaint and subpoena the witnesses without such deposits. In the event the affidavit is filed by an inmate of a state institution it shall be accompanied, as an exhibit thereto, by a certificate of the superintendent or other appropriate officer of the institution setting forth the amount of funds, if any, which the inmate may have on deposit with the institution available to the inmate to secure costs. If the certificate demonstrates that the inmate has sufficient funds available to him to secure costs the clerk shall not file the complaint until the costs are thus secured.

(B) In appeals. A notice of appeal or cross-appeal shall be accompanied by a deposit with the clerk of the trial court of the sum of $150.00 as security for the payment of the costs that may be assessed on the appeal. However, if the appellants or cross-appellants make and file with the clerk their sworn affidavit of inability to secure costs for such prepayment, the clerk shall receive and file the notice of appeal without such deposit. The deposit shall be applied by the clerk of the trial court to the costs, if any, assessed against the respective appellants or cross-appellants during the appeal, as determined by this Court, and any balance remaining shall be returned by the clerk of the trial court to the depositor.

Failure to make this deposit (or affidavit of inability) for costs shall not prevent the filing of a notice of appeal in the trial court but may be cause for appropriate action by the court pursuant to Local Rule 15(A).

(C) Exceptions. No undertaking, security or sworn affidavit of inability to secure costs is required on behalf of the state or an officer thereof. R.C. 109.19. This exception shall also be considered applicable to prosecuting attorneys and directors of law when acting on behalf of the State of Ohio, their respective counties or municipalities.

[Amended effective October 8, 1982; July 1, 1984; July 1, 1986; July 1, 1988; July 1, 1990; May 1, 1993; June 19, 2000.]

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LOCAL RULE 2. EVIDENCE IN ORIGINAL ACTIONS AND FOR INTERLOCUTORY ORDERS

(A) Unless consent of the Court is otherwise obtained the evidence in all original actions, except actions in habeas corpus, shall be submitted to the Court by means of an agreed statement of facts, stipulations or depositions, and oral testimony will not be heard. The evidence in actions in habeas corpus shall be similarly submitted whenever practicable and where the interests of justice will not be defeated by delay. Unless provided by the Court of its own volition court stenographers will not be in attendance at the trial of the action unless arranged for and employed by one or more of the parties and appointed by the Court.

(B) All parties shall file trial briefs with the Court on or before the date any original action is assigned for trial pursuant to the issuance of an alternative writ or otherwise.

(C) Interlocutory Orders. When any interlocutory order is assigned for hearing on its merits, the provisions of the foregoing subdivisions shall be applied except to the extent that they would by their nature be clearly inapplicable.

[Amended effective July 1, 1984; July 1,1986.]

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LOCAL RULE 3. NOTICE OF APPEAL, DOCKETING STATEMENT AND PRAECIPE

(A) Notice of appeal and docketing statement. Each appellant and each cross-appellant shall file a notice of appeal together with a docketing statement and a copy of the trial court judgment(s) from which the appeal is taken.

(B) Statement and Praecipe. Each appellant and cross-appellant shall file a praecipe with their respective notice of appeal. This praecipe shall be combined with and shall additionally constitute the document prescribed by Appellate Rule 9 to be filed with the clerk of the trial court. A copy of the combined statement and praecipe shall be served by the appellant on the appellee in fulfillment of the requirements of Appellate Rule 9(B). No oral direction by counsel will be recognized.

The combined statement and praecipe shall be in whichever of the following forms is appropriate and the clerk shall in no circumstances accept any form other than one substantially as hereinafter set forth:

(1) (trial court caption)
STATEMENT AND PRAECIPE
(Complete Transcript)
TO THE APPELLEE(S):
The appellant(s) hereby state(s) that (he) (she) (it) (they) intend(s) to include in the record a complete transcript of all trial proceedings, excluding voir dire pursuant to Local Rule 5 (B).

(OR)

The appellant(s) hereby state(s) that (he) (she) (it) (they) intend(s) to include in the record a complete transcript of all trial proceedings, including voir dire.

TO THE CLERK:
Immediately prepare and assemble the original papers and exhibits thereto filed in the court and a certified copy of the docket and journal entries. As a complete transcript of proceedings (as above) will be included by the appellant(s) as part of the record to portray the assignment(s) of error, do not transmit these documents to the clerk of the Court of Appeals of this county for file in case number in that court until the complete transcript of proceedings (as above) has been delivered to you by the undersigned. At that time you will transmit the documents prepared and assembled by you and the complete transcript of proceedings delivered to you by the undersigned to the clerk of the Court of Appeals for file as the record on appeal. In the event that the undersigned does not furnish you with the complete transcript of proceedings within forty days after the filing of the notice of appeal, or within the time for filing the record set forth in the accelerated calendar scheduling order, or within any proper extension of the time for transmission of the record, as prescribed by the Appellate Rules or the Local Appellate Rules, then upon such fortieth day, or pursuant to scheduling order, or upon the last day of any proper extension of the time for transmission of the record, you shall transmit the documents prepared and assembled by you to the clerk of the Court of Appeals, without such transcript of proceedings, for file as the record on appeal.
(signature)

(2) (trial court caption)
STATEMENT AND PRAECIPE
(Partial Transcript)
TO THE APPELLEE(S):
The appellant(s) hereby state(s) that (he) (she) (it) (they) intend(s) to include in the record a partial transcript of the proceedings in the trial court consisting of:

(here describe the parts of the proceedings which appellant(s) intend to include in the record)

and intend(s) to present the following assignment(s) of error on the appeal:

(here set forth a statement of such assignment(s) of error).

TO THE CLERK:
Immediately prepare and assemble the original papers and exhibits thereto filed in the trial court and a certified copy of the docket and journal entries. As a partial transcript of proceedings (as above) will be included by the appellant(s) as part of the record to portray the above assignment(s) of error, do not transmit these documents to the clerk of the Court of Appeals of this county for file in case number in that court until the partial transcript of proceedings (as above) has been delivered to you by the undersigned. At that time you will transmit the documents prepared and assembled by you and the partial transcript of proceedings delivered to you by the
undersigned to the clerk of the Court of Appeals for file as the record on appeal. In the event that the undersigned does not furnish you with the partial transcript of proceedings (as above) within forty days after the filing of the notice of appeal, or within the time for filing the record set forth in the accelerated calendar scheduling order, or within any proper extension of the time for transmission of the record, as prescribed by the Appellate Rules or by the Local Appellate Rules, then upon such fortieth day, or pursuant to scheduling order, or upon the last day of any proper extension of the time for transmission of the record, you shall transmit the documents prepared and assembled by you to the clerk of the Court of Appeals, without such partial transcript of proceedings for file as the record on appeal.
(signature)

(3) (trial court caption)
STATEMENT AND PRAECIPE
(No Transcript)
TO THE APPELLEE(S):
The appellant(s) hereby state(s) that no transcript of proceedings is necessary and none will be included as part of the record on appeal.

TO THE CLERK:
Immediately prepare and assemble the original papers and exhibits thereto filed in the trial court and a certified copy of the docket and journal entries. As only these documents will be necessary to portray the errors to be assigned on the appeal, within ten days following service hereof upon the appellee(s), or pursuant to accelerated calendar scheduling order, transmit them to the clerk of the Court of Appeals of this County for file as the record in case number in that court, unless within such ten days, the appellee(s) has filed a designation of parts of the transcript or other parts of the proceedings to be included in the record.
(signature)

(4) (trial court caption)
STATEMENT AND PRAECIPE
(Statement of Evidence)
TO THE APPELLEE(S):
The appellant(s) hereby state(s) that a statement of the evidence or proceedings (Appellate Rule 9(C) will be submitted to be included as part of the record on appeal).

TO THE CLERK:
Immediately prepare and assemble the original papers and exhibits thereto filed in the trial court and a certified copy of the docket and journal entries. As a statement of the evidence or proceedings (as above) will be included by the appellant(s) as part of the record to portray the above assignment(s) of error, do not transmit these documents to the clerk of the Court of Appeals of this county for file in case number in that court until the statement of the evidence or proceedings (as above) has been delivered to you by the undersigned. At that time you will transmit the documents prepared and assembled by you and the statement of the evidence or proceedings delivered to you by the undersigned to the clerk of the Court of Appeals for file as the record on appeal. In the event that the undersigned does not furnish you with the statement of the evidence or proceedings (as above) within forty days after the filing of the notice of appeal, or within the time for filing the record set forth in the accelerated calendar scheduling order, or within a proper extension thereof, as prescribed by the Appellate Rules or by the Local Appellate Rules, then upon such fortieth day, or pursuant to scheduling order, or upon the last day of any proper extension of the time for transmission of the record, you shall transmit the documents prepared and assembled by you to the clerk of the Court of Appeals without such statement of the evidence or proceedings, for file as the record on appeal.
(signature)

(5) (trial court caption)
STATEMENT AND PRAECIPE
(Agreed Statement)
TO THE APPELLEE(S):
The appellant(s) hereby state(s) that in lieu of the record on appeal as defined by Appellate Rule 9(A) the cause will be submitted on appeal on an agreed statement of the case (Appellate Rule 9(D)).

TO THE CLERK:
Delivered to you herein is a statement of the case agreed to by the parties or their counsel, together with such additions as the trial court may consider necessary, and approved by the trial court (Appellate Rule 9(D)). Immediately (and no later than the fortieth day after the filing of the notice of appeal, or within the time for filing the record set forth in the accelerated calendar scheduling order, or no later than the last day of a proper extension of the time for transmission of the record) certify this agreed statement of the case to the Court of Appeals of this county to constitute the record on appeal in lieu of the record defined by Appellate Rule 9(A) and transmit same to the clerk of that court for file in case number therein.
(signature)


(C) Obligations of Clerk. The clerk of the trial court shall provide docketing statement forms as prescribed by the court. The clerk of the trial court shall transmit a copy of the notice of appeal, the judgment(s) from which the appeal is taken, the statement and praecipe and the docketing statement to the clerk of the court of appeals, and transmit a copy of the notice of appeal to appellee(s).

[Amended effective July 1, 1984; July 1, 1988; October 1, 1991; June 16, 1994; June 19, 2000; June 24, 2002.]

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LOCAL RULE 4. EXTENSIONS OF TIME FOR FILING THE RECORD

(A) Regular Calendar. Motions for extensions of time for transmission of the record must first be made to the trial court for cases placed on the regular calendar. The trial court shall closely limit its extensions of time for transmissions of the record (Appellate Rule 10(C)), shall overrule any motion for an extension of time where good cause is not set forth and shown, shall set forth the cause for the extension in its journal entry sustaining the motion for an extension, and in no event may extend such time beyond the eightieth day after the filing of the notice of appeal. Motions for extensions of time beyond the eightieth day may be made only to this court and must be filed before the expiration of the last extension granted by the trial court.


(B) Accelerated Calendar. Motions for extensions of time for transmission of the record must first be made to this court for cases placed on the accelerated calendar. Where good cause has been shown, extensions of time for transmission of the record may be granted up to the fortieth day after the filing of the notice of appeal. (See Loc.R. 12(3)(b) with reference to avoiding delay.)

(C) When the extension is needed by reason of a claimed inability of the court reporter to supply a necessary part of the record, motions for an extension of the time filed with the trial court or with this court must be accompanied by an affidavit of the court reporter as to the circumstances relied on as justifying the extension.

[Amended effective June 16, 1994.]

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LOCAL RULE 5. TRANSCRIPT OF PROCEEDINGS

(A) Responsibility. It is the responsibility of the appellant and not that of any court reporter, the clerk of the trial court, or the clerk of the appellate court to obtain and timely deliver to the clerk of the trial court the complete transcript of proceedings, partial transcript of proceedings, statement of the evidence or proceedings, or agreed statement of the case, as may be appropriate. In no event shall the reporter be deemed either the agent or officer of the trial court, the appellate court, or of the clerks of either court with respect to the timely preparation, delivery, or filing of any document pertaining to the appeal, and no motion for an extension of the time for the filing of any such document shall be received or considered by the trial court or will be received or considered by this court from any person other than respective counsel for the parties to an appeal or from a party if not represented by counsel.

(B) Complete transcript. A "complete transcript" of a jury trial shall exclude voir dire, unless a party specifically gives notice by proper statement and praecipe, pursuant to Local Rule 3, that voir dire should be included in the record.

(C) Length. No volume of a Transcript of Proceedings filed by a Court Reporter shall be more than Two Hundred (200) pages in length, except that a volume may extend to a maximum of Two Hundred Fifty (250) pages if such extra pages are necessary to complete the testimony of a witness or to complete a part of the proceedings such as voir dire, opening statements, closing arguments, or jury instructions.

(D) Certificate of Reporter. The certificate of the court reporter to a transcript of proceedings, as defined and set forth in Appellate Rule 9(A) and (B) must reflect attendance at the proceedings and shall be substantially in one of the following forms, as may be appropriate:


(1) CERTIFICATE (Complete transcript)


I, , Official Court Reporter for the (here insert name of court), duly appointed therein, do hereby certify that the foregoing, consisting of pages, together with exhibits, is a true and complete transcript as transcribed by me of the proceedings conducted in that court on the day of , 20 , before the Honorable , Judge of said Court, and I do further certify that I was personally present in the courtroom during all of the said proceedings.

Subscribed this day of , 20 .

(Signature)


(2) CERTIFICATE (Partial transcript)

I, , Official Court Reporter for the (here insert name of court), duly appointed therein, do hereby certify that the foregoing, consisting of pages, is a true partial transcript as transcribed by me of the proceedings conducted in that court on the day of , 20 , before the Honorable , Judge of said Court, including the testimony of the witnesses named in the index thereto, but excluding (here set forth a brief description of the parts of the proceedings excluded from the transcript), and I do further certify that I was personally present in the courtroom during all of the proceedings so transcribed.

Subscribed this day of , 20 .

(Signature)


(E) In appeals of proceedings not attended by a court reporter the parties shall proceed under App.R. 9(A) when the proceedings were recorded by means of videotape and the parties shall proceed under App.R. 9(C) when the proceedings were recorded by means of audiotape.

[Former Rule 5 revoked and new Rule 5 adopted effective June 16, 1994; amended June 24, 2002.]

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LOCAL RULE 6. MULTIPLE APPEALS

(A) Notice of Appeal. A separate notice of appeal shall be filed in the trial court for each case appealed therefrom whether the case was consolidated in the trial court for hearing with one or more other cases.

(B) Consolidation of Appeals for Hearing. In the event that two or more cases were heard together in the trial court but not consolidated therein as one case and such cases have been appealed to this Court, on application to and with leave of this Court, a single transcript of proceedings and a single set of briefs may be filed and used in all cases appealed, provided that the assignments of error and arguments pertaining thereto are sufficiently defined as to which case, or cases, they pertain.

[Amended effective June 30,1996.]

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LOCAL RULE 7. BRIEFS

(A) General Requirements. Briefs shall be either typewritten or printed and shall contain the matter provided by App. R. 16 and be in the form provided by App. R. 19. The title page of briefs shall include the appropriate designation "REGULAR CALENDAR" or "ACCELERATED CALENDAR" beneath the case number assigned to the appeal or action.

(B) Length of briefs. Initial and answer briefs in an appeal on the regular calendar shall not exceed twenty-five (25) pages in length, exclusive of the table of contents, assignments of error and appendix. Reply briefs shall be restricted to matters in rebuttal of the answer brief, and shall not exceed ten (10) pages in length, exclusive of the table of contents and appendix. The length of briefs in a cross-appeal shall be governed by Local Rule 14.

Initial and answer briefs in an appeal on the accelerated calendar shall not exceed fifteen (15) pages in length, exclusive of the table of contents, assignments of error and appendix.

These maximums may be exceeded only with the permission of the Court upon a finding of extraordinary circumstances which necessitate the filing of a brief that exceeds the limits imposed by this rule.

(C) Citations. References to the record must include reference to the volume and page number of the transcript.  Case citations and other legal authorities must appear in the text of the argument after the point of law for which the case or legal authority is cited, NOT in a footnote, and must include the volume and page number of the case, and the particular page number where the point of law is found.

(D) Appendix. The parties shall include in the appendix, at the end of the brief, legibly reproduced copies of:

1.  The judgment entry appealed from;

2. Any opinion of the trial court and/or decision of a magistrate setting forth the rational for the judgment entry appealed;

3. Any written findings of fact and conclusions of law in the record;

4. All statutes, rules, regulations, ordinances, and constitutional provisions cited in the brief;

5. All opinions previously referred to as “unpublished” that are not posted on the Ohio Supreme Court website under rule 3 of the Supreme Court Rules for the Reporting of Opinions.

Documents included by appellant need not be duplicated in the appendix to appellee's brief.

(E) Binding of Briefs. All briefs shall be securely fastened along the left margin in at least two places. Plastic covers which are not attached to the pages of the brief by staples or mechanical fasteners shall not be used. If staples are used to fasten the page of the brief, care shall be taken to ensure that the points of the staples do not protrude at the back of the brief.

(F) Noncompliance. A brief not prepared in accordance with these rules, and inadvertently accepted by the clerk for filing, may be returned by the Court to counsel to be conformed to the rules within a specified time period. Failure to conform by an appellant may result in dismissal of the appeal; failure to conform by an appellee may result in the brief being stricken and the denial of the right to argue.

[Amended effective July 1, 1984; October 1, 1991; July 1, 1992; May 1, 1993; June 16, 1997; June 23, 2003]

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LOCAL RULE 8. INDIGENT'S APPEALS

(A) Appointment of counsel and payment for transcript. Requests for appointment of appellate counsel and payment for transcript shall be filed in the trial court.

(B) Payment of counsel for services and expenses. Applications by appointed counsel for payment of attorney fees shall be filed with the clerk of this court in executed duplicate on form OPD-1026R prescribed by the Ohio Public Defender. Such applications shall have appended a copy of the Financial Disclosure/Affidavit of Indigence form OPD-206R and shall be filed no earlier than the date final judgment is entered nor later than thirty days thereafter. Any application received by this court after such later date shall not be accepted for filing except with prior leave of court with good cause shown.

(C) Limitations on compensation. Payments for services will not exceed the schedule of fees established by the respective boards of county commissioners pursuant to R.C. 120.33(A)(3). Items of expense which are part of the normal overhead expenses of counsel's office are considered as being included in the hourly charge of counsel and will not be additionally compensated. Except in special cases where the expense of same is authorized in advance, extra compensation will not be allowed for engaging other counsel or experts, making copies of briefs and other documents or utilization of research services.

(D) Obligations of Counsel. The obligations of counsel to the indigent and the court are the same obligations as those employed counsel would have, and the court will utilize all reasonable means at its disposal to enforce the prompt fulfillment of such obligations.

[Former Rule 8 revoked and new Rule 8 adopted effective June 16, 1994: amended June 22, 1994, nunc pro tunc to June 16, 1994; amended effective June 30, 1996.]

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LOCAL RULE 9. TIME FOR FILING BRIEFS

(A) Time. The time for filing briefs shall be as provided for in App.R. 18 and App.R. 11.1.

(B) Extension Policy. It is the policy of the court to deny all requests for extensions except when extraordinary circumstances apply. Extensions delay the appellate process and are to be avoided whenever possible.

(C) Extensions. A request for an extension of time within which to file a brief shall be by written motion, filed with the clerk of the Court of Appeals for the county in which the appeal originated prior to the due date of the brief supported by a memorandum setting forth the extraordinary circumstances which in the opinion of counsel justify the extension.

(D) Granting Extensions. In implementation of Appellate Rule 15(C), docket and journal entries providing for an extension of time within which any brief may be filed shall require the signature of only the presiding judge, or, in his absence, that of one of the other judges of this Court.

[Amended effective July 1, 1984; July 1, 1992.]

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LOCAL RULE 10. FILING DOCUMENTS


(A) With the Clerk of Courts. The respective Clerks of the Courts of Common Pleas of the Counties of Allen, Auglaize, Crawford, Defiance, Hancock, Hardin, Henry, Logan, Marion, Mercer, Paulding, Putnam, Seneca, Shelby, Union, Van Wert, and Wyandot are the Clerk of this Court of Appeals in their respective Counties. R.C. 2303.03. All documents including, without limitation, records, briefs, motions, etc., required to be filed in this Court or with the Clerk of this Court shall be filed with the Clerk of the Court of Appeals of the county in which the trial of the action appealed took place or, in the case of original actions in this Court, of the county in which the complaint is filed, such county properly being any county, hereinbefore named, where the Court may obtain personal jurisdiction over the parties. Documents mailed directly to this Court at its headquarters at Lima will not be considered filed, either when mailed or when received.

(B) Electronic filing.
(1) Applicability. Only motions to this Court and their responses, subsequent to a notice of appeal or original action complaint, may be transmitted by facsimile to the appropriate Clerk of this Court for filing. No document, other than a request for oral argument under Local Rule 13(A), may be sent directly to the Court. Briefs shall not be filed by facsimile. A notice of appeal may be filed with the Clerk of a trial court by facsimile only if permitted under the rules of the trial court from which the appeal is taken.

(2) Original filing. A document received and filed by facsimile shall be accepted by the Clerk as the effective original document in the court file. The source document and additional copies need not follow by mail for purpose of filing. However, the source document must be maintained until the case is closed for production on request by the court, with original signatures as otherwise required under applicable rules, together with the original copy of the facsimile cover page.

(3) Cover Page. All documents sent by facsimile shall be accompanied by a cover page containing the following information:

(I) name of the Court;
(II) title of the case;
(III) case number;
(IV) title of the document being filed;
(V) date of transmission;
(VI) transmitting facsimile number;
(VII) number of pages included in the transmission, including cover page;
(VIII) name, address, telephone number, facsimile number, Supreme
Court registration number, if applicable, and e-mail address if available; and
(IX) if applicable, a statement explaining how costs are submitted.

The Clerk of this Court may, but need not, acknowledge receipt of a successful facsimile transmission and filing; however, when practicable, the Clerk should attempt to inform the sender of a failed transmission.

(4) Signature. Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. Documents may be filed with a signature or notation "/s/" followed by the name of the person signing the source document. If it is established that any document was transmitted without authority, the Court shall order the filing stricken.

(5) Exhibits. Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile for any reason must be replaced by an insert page describing the exhibit and why it is missing. The missing exhibit shall be filed with the Court, as a separate document, not later than five (5) court days following the filing of the facsimile document. Exhibits filed in this manner shall be attached to a cover sheet containing the caption of the case, the case number and the title of the exhibit being filed (e.g., Appellant Smith's Notice of Filing Exhibit "A" to Appellant Smith's Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court. Failure to file the missing exhibits as required may result in the Court striking the document and/or exhibit.

(6) Time of Filing. Subject to the provisions of these rules, all documents sent by facsimile and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document, as opposed to the date and time the document is transmitted or received. The risk of transmitting a document by facsimile to the Clerk of Courts or delay in the document being time-stamped shall be borne entirely by the sender.

(7) Fees and Costs. No document requiring prepayment of a fee or cost deposit shall be filed by facsimile, unless an acceptable method of payment has been paid or arranged to be paid pursuant to terms acceptable to the respective Clerk.

(C) Filings Out of Rule. No clerk of this Court shall accept any document for filing out of rule knowing that same is being filed out of rule and without leave of this Court. In the event that a document is filed out of rule and without leave of this Court it shall be deemed automatically stricken from the files and not to be considered by this Court unless upon motion and for good cause this Court shall cause the filing of same out of rule to be ratified.

(D) Signatures required. Notices of appeal, briefs, motions and all copies thereof filed with the Clerk of this Court shall bear the personal signature of counsel or the filing party if not represented by counsel. Except as provided in section (B) of this rule, no Clerk of this Court shall accept any document for filing which does not bear the required signature.
(E) All documents and copies thereof filed in this Court or with the clerk of this Court by counsel shall bear that attorney's registration number issued by the Supreme Court of Ohio. No clerk of this Court shall accept any document or any copy thereof for filing which does not bear the attorney registration number required by this rule.

[Amended effective January 1, 1982; July 1, 1988; October 1, 1991; June 19, 2000; June 24, 2002.]

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LOCAL RULE 11. ASSIGNMENTS OF ERROR

(A) Each assignment of error must be separately argued in the briefs unless the same argument, and no other, pertains to more than one assignment of error. "Propositions of law" may not be substituted for assignments of error.


(B) Assignments of error, to the degree reasonably possible, should not be general in terms but should be specifically applied to the error claimed. A general assignment of error that "the judgment is contrary to law" will be disposed of adversely to the appellant for failure to be specific.

[Amended effective July 1, 1984; July 1, 1986; July 1, 1989; October 1, 1991.]

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LOCAL RULE 12. ACCELERATED CALENDAR

Pursuant to App. R. 11.1, this Court adopts an accelerated calendar, which shall be administered in the following manner:

(1) The Court may assign an appeal to the accelerated or regular calendar at any stage of the proceeding.

(2) All appeals shall proceed on the regular calendar under the rules of appellate procedure unless the Court, upon review of the docketing statement, issues a scheduling order accelerating the appeal, within ten (10 days of the notice of appeal.  The scheduling order shall set forth the day for filing the record, briefs and requests for oral argument.  An unexcused failure to meet the schedule as set forth in the order may result in sanctions pursuant to App.R. 18(C) and Loc.R. 15.

(3) An appeal may be assigned to the accelerated calendar if any of the following apply:

(a) No transcript is required (e.g. summary judgment or judgment on the pleadings);

(b) The transcript consists of fifty (50) or fewer pages, or is of such length that its preparation time will not be a source of delay;

(c) An agreed statement is submitted in lieu of the record pursuant to App.R. 9;

(d) The record was made in an administrative hearing and was filed with the trial court;

(e) All parties to the appeal agree to the accelerated calendar.


(4) Unless otherwise ordered by the Court, an appeal shall not be assigned to the accelerated calendar if any of the following apply:

(a) The brief will contain more than two assignments of error and more than fifteen (15) pages is necessary to set forth the facts and argue the issue in the case;

(b) The appeal concerns a unique issue of law of substantial precedential value.

(5) Pursuant to App.R. 11(E), the Court may state the reasons for its ruling on each assignment of error by a brief conclusion.  The Court may render its decision by summary judgment entry in which event it will not be published in any form.  In its discretion, the Court may render its decision in a full opinion subject to the provisions of Rule 2 of the Supreme Court Rules for the reporting of opinions.

(6) No oral argument will be allowed except by written request received within the time set forth in the Scheduling Order.

[Amended effective July 1, 1984; October 1, 1991; June 16, 1994; June 23, 2003.]

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LOCAL RULE 13. ORAL ARGUMENT & JUDGMENT ENTRY

(A) Request for oral argument. Each party in an appeal must claim the right to present oral argument. The Assignment Commissioner will send notice of oral argument to counsel of record for the parties, or directly to the parties if they are unrepresented. The notice will contain the name of the case, the time and place of oral argument and the date upon which the parties must notify the Assignment Commissioner in writing of their desire to present or waive oral argument.

Each counsel of record or a party if unrepresented must notify the Court in writing, by mail, facsimile or other electronic transfer, at its office in Lima, Ohio that argument is being requested or is waived. A request for argument is effective upon timely receipt at this Court's office in Lima. A party will not be granted oral argument merely because another party has claimed the right to argue. A copy of the response requesting or waiving oral argument need not be served upon opposing counsel.

Failure to notify the Court in writing of counsel's intention to present oral argument by the date indicated on the notice of oral argument shall constitute a waiver of oral argument by counsel, or the party, if unrepresented.


(B) Continuance of Oral Argument. Cases set for oral argument will not be continued except under circumstances where counsel has a conflicting assignment in the Supreme Court of Ohio, the federal circuit court of appeals or the Supreme Court of the United States.

(C) Submission of Case for Expedited Decision. If a more expeditious submission of the appeal than permitted by scheduling for oral argument is desired, parties may submit the case on the briefs by waiver signed by all counsel and received by the Court in its office in Lima, Ohio no later than the time of the filing of the appellee's brief. When such stipulation is received within such time, the appeal shall be submitted to the Court for determination at the earliest feasible time after the filing of the reply brief.

(D) Time Allowed. In accordance with App.R. 21, each side will be allowed fifteen minutes for argument. However, the Court may order additional time for argument.

(E) Motions. All motions will be ruled upon without oral argument before the Court, except where the Court requests such argument and notifies counsel to appear.

(F) Judgment Entry. Pursuant to App.R. 22(A), the judgment entry in an appeal may be signed only by the judge who prepared the decision as indicated therein on behalf and for all judges concurring in the decision. In original actions and where an appeal is per curiam, the judgment entry shall be signed by all judges concurring in the decision.

[Added effective July 1, 1984; amended effective July 1, 1986; March 1, 1987; July 1, 1988; October 1, 11991; April 1, 1992; June 16, 1997; June 19, 2000.]

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LOCAL RULE 14. BRIEFING SCHEDULE ON APPEAL--CROSS-APPEAL

Where two or more notices of appeal are filed in the same cause and the parties filing the notices of appeal are opposing each other, the party filing the appeal later in time (App.R. 4(A)) shall caption the notice of appeal as a cross-appeal, and the briefing schedule for all parties shall be, as follows:

Brief No. 1. Assignments of error and brief of appellant/cross-appellee shall be filed twenty (20) days after notice of filing record is mailed, and shall not exceed twenty-five (25) pages in length, exclusive of the table of contents, assignments of error and appendix;

Brief No. 2. Answer brief, and the assignments of error and brief, of appellee/cross-appellant shall be bound and filed as one brief twenty (20) days from service of Brief No. 1, and shall not exceed thirty-five (35) pages in length, exclusive of the table of contents, assignments of error and appendix;

Brief No. 3. Reply brief and answer brief of appellant/cross-appellee shall be bound and filed as one brief twenty (20) days from service of Brief No. 2, and shall not exceed thirty-five (35) pages in length, exclusive of the table of contents, assignments of error and appendix;

Brief No. 4. Reply brief of appellee/cross-appellant shall be filed ten (10) days from service of Brief No. 3, and shall not exceed ten (10) pages in length, exclusive of the table of contents, assignments of error and appendix.

[Added effective July 1, 1984; amended effective June 16, 1997.]

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LOCAL RULE 15. DISMISSALS FOR FAILURE TO PROSECUTE APPEAL

Unless the appellant demonstrates that no undue delay and no prejudice to appellee has been caused by the failure to comply with the rules, the following shall be deemed good cause for dismissal of an appeal pursuant to App.R. 3(A), 11(C), or 18(C):

(A) Failure to make deposit for costs (or affidavit of inability) and file with the notice of appeal the appropriate filing in accordance with App.R. 9(B) and Local Rule 3.

(B) Failure to timely order in writing from the court reporter any necessary transcript of proceedings.

(C) Failure to cause the record on appeal to be timely transmitted to the clerk of this Court.

(D) Failure to timely serve and file the brief and assignments of error.

(E) Any other noncompliance with the Appellate Rules or the Rules of this Court.

[Added effective July 1, 1984; amended effective July 1, 1988.]

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LOCAL RULE 16. SUSPENSION OF EXECUTION OF SENTENCE AND ADMISSION TO BAIL


(A) Filing. In addition to the requirements of Appellate Rule 8, no application for suspension of execution of sentence and admission to bail will be treated by this Court, or filed with its Clerk, unless accompanied by a copy of the journal entry of the trial court denying a similar application. Concurrently with such filing counsel for the defendant, or the defendant if he has no counsel, shall serve a copy of such application upon the prosecuting attorney.

(B) Briefs. The application shall be accompanied by a brief or memorandum directed primarily toward the factors set forth in Crim.R. 46(C) showing justification for the release sought. Within seven days of the date upon which the application is served, the prosecuting attorney shall file a response directed primarily to the same factors. The requirement for such response shall not be deemed as a waiver of the discretion of this Court to grant the application, without response, when the Court deems such action appropriate.

(C) Conviction on Pleas of Guilty or of No Contest. In any case where the conviction from which the appeal is taken is rendered by the trial court on a no contest or guilty plea, the defendant shall also accompany his application with a listing of the assignments of error he intends to assert on his appeal.

(D) Pre-Sentence Investigation. The filing in this Court of an application for suspension of execution of sentence and admission to bail shall be considered as a waiver of any privilege of confidentiality which the defendant might have otherwise had to prevent consideration and review by this Court of any pre-sentence investigation report or report of psychiatric or mental examination which was considered or reviewed by the trial court, or which was available for consideration or review by the trial court. Upon request by this Court the trial court shall turn over to this Court any such report or reports in its custody, with the understanding that any privilege of confidentiality otherwise shall be observed.

[Adopted effective July 1, 1986; amended effective June 24, 2002.]

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LOCAL RULE 17. PENDING PROCEEDINGS


As well as being applicable to all appeals filed after their effective date these local rules and any additions thereto or amendments thereof shall also be applicable to the extent practicable to all proceedings to be taken in any pending appeal after the effective date of their adoption, addition or amendment.

[Formerly Rule 12; renumbered as Rule 16 and amended effective July 1, 1984; renumbered as Rule 17 effective July 1, 1986.]

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LOCAL RULE 18. PRESIDING JUDGE AND ADMINISTRATIVE JUDGE

A presiding judge and an administrative judge shall be designated by journal entry signed by a majority of the judges of this Court pursuant to Ohio Superintendence Rules 3 and 4.

[Adopted effective March 1, 1987; amended effective November 1, 1987; June 19, 2000.]

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LOCAL RULE 19. PRE-HEARING CONFERENCE

Upon receipt of the docketing statement (See Local Rule 3), administrative counsel for the Court shall review the statement and may, if necessary, schedule a pre-hearing conference with counsel of record. Said conference may include a discussion of: (1) the finality of the order being appealed (2) the type of record to be filed, (3) the probable time required to complete preparation of the record on appeal, (4) the assignments of error and issues to be raised, (5) any prior Court decisions on similar issues, (6) the time needed for briefing and oral argument, (7) the identity and address of all counsel involved and (8) other matters of particular relevance to the action.

If it is determined that a pre-hearing conference is necessary and after it has been held, the Court shall enter a Scheduling Order of events on appeal which will be excused or extended only by an order of the Court for good cause shown.

Any failure to comply with the foregoing rule may result in a dismissal of the appeal.

[Adopted effective October 1, 1991.]

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LOCAL RULE 20. NOTIFICATION OF PROPOSED CHANGES TO THE LOCAL RULES OF COURT


This Court shall send to the clerk of the court of appeals for each county in the Third Appellate District (see Local Rule 10(A)) a copy of the proposed changes to the Local Rules of Court. The respective clerks of court shall post the proposed changes in a conspicuous public place in the office of the clerk, make copies available for distribution to members of the bar and shall send notification of receipt and a copy of the proposed changes to each trial judge in the county for which the clerk serves. The proposed changes shall be open to public comment for a period of thirty days after which time this Court will consider any comments received in adopting said changes to its Local Rules.

[Adopted effective June 20, 1994.]

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LOCAL RULE 21. COURT SECURITY

The Third District Court of Appeals is charged with dispensing justice, resolving disputes, and protecting the constitutional rights of those who appear before the Court.

Accordingly, appropriate levels of security should exist in the Court to protect the integrity of court procedures, protect the rights of individuals before it, deter those who would take violent action against the Court or litigants, sustain the proper decorum and dignity of the Court, and assure that Court facilities are secure for all those who visit and work there.

Therefore, pursuant to the Rules of Superintendence for the Courts of Appeals, the Court has implemented a Local Security Policy and Procedure Plan which addresses the Ohio Court Security Standards adopted by the Supreme Court of Ohio on October 17, 1994.

[Adopted effective June 30, 1995.]

CIVIL APPEAL DOCKETING STATEMENT

CASE CAPTION

v.


TRIAL NO.

APPEAL NO.

DATE OF JUDGMENT/ORDER APPEALED FROM

DATE NOTICE OF APPEAL FILED

DATE NOTICE OF CROSS APPEAL FILED

DID THE JUDGMENT/ORDER DISPOSE OF ALL CLAIMS BY AND AGAINST ALL PARTIES? IF NOT DOES THE JUDGMENT INCLUDE A CERTIFICATION OF "NO JUST CAUSE FOR DELAY?" IF SO, IS THE JUDGMENT OTHERWISE FINAL?


THIS APPEAL SHOULD BE ASSIGNED TO:

The regular calendar

The accelerated calendar for the reason checked:

1. No transcript required.

2. Transcript consists of fifty or fewer pages, or is of such length that its preparation time will not be a source of delay.

3. Agreed statement submitted in lieu of the record.

4. Record was made in an administrative hearing and was filed with the trial court.

5. All parties to the appeal agree to an assignment to the accelerated calendar.


ALTHOUGH THE APPEAL MEETS ONE OR MORE OF THE REASONS FOR ASSIGNMENT TO THE ACCELERATED CALENDAR, IT SHOULD NOT BE ASSIGNED TO THE ACCELERATED CALENDAR BECAUSE:

1. Brief in excess of 15 pages (see Loc. R. 7) is necessary to set forth
adequately the facts and argue the issues in the case.

2. Appeal concerns unique issue of law which will be of substantial
precedential value in the determination of similar cases.

3. Other:

IDENTIFY THE PARTIES

APPELLANT'S NAME:
APPELLANT IS: Plaintiff ( ) or Defendant ( )or Other ( )

APPELLANT COUNSEL: Name Address
City/State
Telephone
APPELLEE COUNSEL: Name Address City/State Telephone Represents (Use separate sheet if necessary)

1. Type of Litigation

2. Trial Court Disposition


3. If this matter has been before this court previously, identify the previous case by case number.

4. Identify by case style and case number any case pending before this court or any other court or administrative agency which arises from substantially the same case or controversy as this appeal.

(Signature) (Date)

[Adopted effective October 1, 1991.]


CRIMINAL APPEAL DOCKETING STATEMENT

CASE CAPTION

v.

TRIAL NO.

APPEAL NO.

DATE OF JUDGMENT/ORDER APPEALED FROM
DATE NOTICE OF APPEAL FILED
DATE NOTICE OF CROSS APPEAL FILED
IS THE JUDGMENT APPEALED FROM A FINAL ORDER?

THIS APPEAL SHOULD BE ASSIGNED TO:

The regular calendar

The accelerated calendar for the reason checked:

1. No transcript required.

2. Transcript consists of fifty or fewer pages, or is of such length that its preparation time will not be a source of delay.


3. Agreed statement submitted in lieu of the record.

4. Record was made in an administrative hearing and was filed with the trial court.

5. All parties to the appeal agree to an assignment to the accelerated calendar.


ALTHOUGH THE APPEAL MEETS ONE OR MORE OF THE REASONS FOR ASSIGNMENT TO THE ACCELERATED CALENDAR, IT SHOULD NOT BE ASSIGNED TO THE ACCELERATED CALENDAR BECAUSE:

1. Brief in excess of 15 pages (see Loc. R. 7) is necessary to set forth adequately the facts and argue the issues in the case.

2. Appeal concerns unique issue of law which will be of substantial precedential value in the determination of similar cases.

3. Other:

IDENTIFY THE PARTIES

APPELLANT: Plaintiff ( ) or Defendant ( ) or Other ( )

Was counsel appointed in the trial court?

APPELLANT COUNSEL:

APPELLEE COUNSEL:



(Use separate sheet if necessary)

1. Nature of Criminal Charges
2. Trial Court Disposition

3. If this matter has been before this court previously, identify the previous case by case number

4. Identify by case style and case number any case pending before this court or any other court which arises from substantially the same case or controversy as this appeal.

(Signature) (Date)

[Adopted effective October 1, 1991.]

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