1. Requirements of Counsel
2. Extension of Time For Transmitting Record
3. Notice of Appeal, Praecipe and Docketing Statement
4. Judgment Entries
5. Time for Filing Briefs
6. Original Actions
7. Cost Deposits
8. Fax Filing and Motions
9. Oral Argument
10. Briefs
11. Briefing Schedule on Appeal-Cross Appeal
12. Accelerated Calendar
13. Mediation
14. Appointment of Counsel
15. Records Retention
16. Broadcasting and Photographing Court Proceedings by Media
17. Bail and Suspension of Execution of Sentence in Criminal Cases
18. Reporting of Decisions
19. Record on Appeal
20. Weapons Prohibited
21. Reserved
22. Presiding/Administrative Judge
23. Title

SIXTH DISTRICT COURT OF APPEALS

LOCAL RULES

INTRODUCTION

Pursuant to App.R. 1, the following local rules have been adopted by this court. These rules are available on the Internet at www.co.lucas.oh.us by selecting "court of appeals" on the website. (Amended, effective July 1, 2001; July 1, 2006)

RULE 1. REQUIREMENTS OF COUNSEL

1. General Requirements. All attorneys shall include their Ohio Supreme Court registration number on the first page of all documents filed with the court of appeals clerk. In addition, all attorneys, or parties if not represented by counsel, shall include their address, telephone number and fax number, if any.
   
   
2. Withdrawal of Counsel. Counsel who has entered an appearance in this court may not withdraw representation without leave of court. Counsel seeking to withdraw shall, with a motion showing good cause, submit proof of service of the motion to withdraw upon the client and the name and address of any substitute counsel, or, if none, the name and address of the client.
   
   
3. Admission Pro Hac Vice. This court may permit any attorney who is admitted to practice in the highest court of a state, commonwealth, territory, or possession of the United States or the District of Columbia, or who is admitted to practice in the courts of a foreign state, to appear pro hac vice and file pleadings, memoranda, briefs, or other documents and participate in oral argument before the court.
   A motion for admission pro hac vice must be filed by an attorney admitted to practice in Ohio and registered with the Ohio Supreme Court Attorney Registration Section for active status. Admission pro hac vice in the trial court does not waive the requirement that counsel must seek admission pro hac vice in the court of appeals. The motion shall briefly and succinctly state the qualifications of the attorney seeking admission. It should be filed prior to the first pleading, memorandum, brief, or other document the attorney seeking admission pro hac vice files in the court of appeals or at least 30 days before oral argument if the attorney seeks only to participate in oral argument. The court may withdraw admission pro hac vice at any time.
   (Former rule rescinded and new rule adopted effective June 30, 1994; amended, effective March 1, 2006; July 1, 2006.)

1. Notice of Appeal. The notice of appeal shall have attached to it a copy of the judgment or order from which the appeal is taken, signed by the trial court judge and indicating the date the judgment or order was entered on the journal. Failure to attach the final judgment entry or order may be grounds for dismissal.
   If appealing from a judgment that has more than one trial court case number and the cases were not consolidated by the trial court, a party must file a separate notice of appeal for each trial court case number. A party is required to file only one notice of appeal from a judgment entered in cases which were consolidated in the trial court. The notice of appeal must list all consolidated trial court case numbers.
   
   
2. Praecipe. A party shall file, with the notice of appeal, a fully completed praecipe, directing the clerk of the trial court to prepare a record of the original papers and exhibits thereto, and a certified copy of the docket and journal entries as specified in App.R. 9(A). The praecipe shall state whether the record will contain a transcript of proceedings pursuant to App.R. 9(B), or a statement pursuant to App.R. 9(C) or (D). If a party has filed a praecipe, a subsequent party filing an appeal need not file a praecipe unless the party requests additional parts of the record. If the record will contain a transcript of proceedings, the party shall take the praecipe to the court reporter who shall complete and sign the "court reporter's certification" at the end of the praecipe. A court reporter's certification that it will take longer than 40 days to prepare a transcript does not relieve the party of the obligation to get an extension of time to file the record. The court reporter who completes and signs the certification shall be the same individual who prepares the transcript of proceedings. The clerk of the trial court will provide the praecipe form required by this court. This form is also available in pdf format on the Internet at www.co.lucas.oh.us by selecting "court of appeals" on the website and in the appendix to these rules.
   If a party designates in the praecipe that the record will include a transcript of proceedings, the party shall specify and enumerate with particularity those segments of the trial or hearing (i.e., voir dire, opening statements, testimony, closing arguments, charge of court, etc.), to be transcribed.
   If a transcript of proceedings is to be filed in accordance with App.R. 9(B), a copy of the notice of appeal with the praecipe shall be served by the clerk of the trial court upon the court reporter. The party requesting a transcript of proceedings is responsible for contacting the court reporter to order the transcript of proceedings. The court reporter shall prepare only those portions of the transcript enumerated in the praecipe, subject to being made secure in the payment of his or her fees.
   If a praecipe is required and is not filed with the notice of appeal in the trial court, it may be grounds for dismissal of the appeal.
   
   
3. Docketing Statement. A party shall file a docketing statement with the notice of appeal or cross-appeal. The purpose of the docketing statement is to determine whether an appeal will be assigned to the accelerated or regular calendar and the suitability of the appeal for a mediation. The clerk of the trial court will provide the docketing statement form required by this court. This form is also available on the Internet in pdf format at www.co.lucas.oh.us by selecting "court of appeals" on the website and in the appendix to these rules.
   If a party fails to file a docketing statement with the notice of appeal in the trial court, it may be grounds for dismissal of the appeal.
   
   
4. Number and Transmittal of Copies. A party shall file with the trial court clerk an original and a sufficient number of copies of the notice of appeal (with a copy of the judgment entry from which the appeal is taken attached), praecipe and docketing statement to enable the clerk to transmit them as follows. Immediately upon receipt and in no event later than the next business day, the trial court clerk shall: (1)place the original documents in the case jacket and keep one copy for his or her discretionary use; (2)transmit 2 copies to the clerk of the court of appeals, along with the costs deposit and 2 copies of the trial court's appearance docket; (3)transmit one copy to the court reporter if a transcript of proceedings has been ordered; and (4) serve one copy on each counsel of record and each unrepresented party.

1. Extensions
   The time for filing briefs as provided by App.R. 11.1(C), 11.2(B)(3)(c) and 18; and 6th Dist.Loc.App.R. 11 and 12(B) is mandatory. In appeals involving adoption of a minor child; termination of parental rights; dependent, neglected, unruly or delinquent children; those assigned to the accelerated calendar; and any criminal appeal by the state, the time for filing briefs shall not be extended for any period of time except in extraordinary circumstances. In all other appeals, either party, upon timely motion, may be granted one automatic extension not to exceed 10 days (or an extension of more than 10 days for good cause shown) for filing any brief. Extensions to file briefs subsequent to the first extension will only be granted for good cause shown.
   
   
2. Effect of Failure to File Briefs Timely
   If the appellant/cross-appellant fails to timely file the assignments of error and brief, the court may dismiss the appeal/cross-appeal without prior notice. If an appellee files a brief late, the brief may be stricken. If appellee's brief is stricken or not filed, appellee will not be allowed to participate in oral argument on the merits.
   
   
3. Pro Se Briefs Filed Pursuant to Anders v. California (1967), 386 U.S. 738
   After service on defendant-appellant of an Anders brief by appointed counsel, defendant-appellant has 60 days to file his own assignments of error and brief.

1. In Original Actions. No complaint in non-criminal habeas corpus, mandamus, prohibition, procedendo, or quo warranto may be accepted for filing in this court unless the party bringing the action deposits with the clerk of the sum of $100.00 as security for the payment of the costs that may accrue in the action. A security deposit is not required in a criminal habeas corpus in accordance with R.C. 2725.28. Security for costs, and the taxing of costs and fees in a habeas corpus action are governed by R.C. 2725.28. Except in criminal habeas corpus actions, subpoenas may not issue for witnesses unless an additional deposit in the amount of $10.00 per subpoena as security for costs is deposited with the clerk together with the praecipe(s) for subpoena. If the party bringing the action or the party seeking the attendance of witnesses files with the clerk his sworn affidavit of inability to secure costs by such prepayment, the clerk shall file the complaint and subpoena the witnesses without the deposits. Except in a criminal habeas corpus action, if 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 stating the amount of funds, if any, which the inmate has 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 secured.
   
   
2. In Appeals. At the time of filing a notice of appeal or cross-appeal, the appellant/cross-appellant shall either deposit with the clerk of the trial court the sum of $150.00 as security for payment of costs, submit a sworn affidavit of financial inability to pay the security deposit, or produce evidence that the trial court determined that the party was indigent for purposes of appeal. No security deposit is required in appeals by the state or any of its subdivisions. R.C. 109.19. The deposit for costs, affidavit, or trial court determination of indigency shall be forwarded immediately upon receipt (and in no event later than the next business day) by the trial court clerk to the court of appeals clerk. Any personal check given for the security deposit shall be made payable to the court of appeals clerk. The deposit for costs shall be in addition to any other fees or deposits required by law, including the lawful fees of the trial court clerk prescribed by R.C. 2303.20 and 2303.31. Failure to comply with this rule shall be grounds for dismissal of the appeal.

1. Fax Filing. Appellate court filings, except complaints or petitions in original actions, appellate briefs, and additional authorities submitted pursuant to App.R. 21(H), may be filed with the court of appeals clerk by telephonic facsimile (fax) by following the same requirements and procedures as set forth in the local rules of the court of appeals clerk where the appeal is pending.
   
   
2. Motions. The content of motions for procedural orders shall be in the form prescribed by App.R. 15. All procedural motions shall be accompanied by an entry or order, on a separate sheet, granting the relief sought by the motion. However, any filing due date on the order shall be left blank for the court to fix an appropriate date.

1. Scheduling of argument. Oral argument will be scheduled automatically in all appeals except adoption of a minor child, termination of parental rights, and accelerated calendar appeals as well as appeals in which appellant is acting pro se and is incarcerated. In adoption of a minor child, termination of parental rights, and accelerated calendar appeals, oral argument will be scheduled if any party files a written notice requesting argument, separate from the brief. If oral argument is timely requested, all parties who file a brief will be permitted to argue. The written notice in accelerated calendar appeals must be filed no later than 10 days after appellee's brief is due to be filed. The written notice in adoption of a minor child and termination of parental rights appeals must be filed simultaneously with the filing of that party's brief.
   
   
2. Length of Time. In accordance with App.R. 21(B), oral argument shall be 15 minutes per side. A party may file a motion for additional time to argue. The motion must be filed at the same time as that party's appellate brief. The motion shall be determined by at least two judges. If the motion is granted, appellant and appellee will receive equal time. Unless the court otherwise orders, if there are multiple appellants and/or appellees, then all appellants and all appellees shall share the time allotted for each side.
   
   
3. Waiver of Argument. If the parties wish to waive oral argument, they may submit the case on the briefs by stipulation filed no later than 20 days after the last brief is due to be filed. When a stipulation is timely filed, no argument will be scheduled and the appeal shall be submitted to the court for determination at the earliest feasible date. Appeals submitted on the briefs after expiration of the above time shall be submitted to the court for determination at the time scheduled for oral argument.
   
   
4. Settlement Prior to Oral Argument. When the court has scheduled a case for oral argument and is subsequently notified that the case is settled and/or will be dismissed, appellant/cross-appellant shall file a notice of dismissal with the court of appeals clerk within 30 days from the date of notification that the case is settled and/or will be dismissed. If appellant/cross-appellant fails to file a notice of dismissal within 30 days, the court shall sua sponte dismiss the appeal.

1. Number and Length of Briefs. All parties shall file an original and 4 copies of their briefs. Initial briefs of appellant and appellee shall not exceed 30 pages, 15 pages for accelerated calendar appeals. Reply briefs shall not exceed 10 pages and are not permitted in accelerated calendar appeals except with leave of court. All page limits are exclusive of the table of contents, lists of authorities, and appendix. For good cause shown, the court may grant a party's motion for leave to file a brief in excess of the page limitation. The motion shall specify the number of extra pages requested and the reasons extra pages are required.
   
   
2. Contents of Briefs. Reply briefs shall be restricted to matters in rebuttal of appellee's brief. In addition to the requirements of App.R. 16, the appendix of appellant's brief shall contain a copy of the judgment entry from which the appeal is taken. It is not necessary to include copies of any cases cited in the briefs. An official citation shall be used in the table of cases.
   
   
3. Appendix - When Tabs Required. When the appendix to a brief contains three or more items, each item must be separately tabbed and identified by consecutive numbers or letters or by name of the document and referred to in the brief by the corresponding number, letter or name.
   
   
4. Non-conforming Briefs. A brief not prepared in accordance with this rule, as well as App.Rs. 16 and 19, may be stricken. The court may permit a party to file a revised brief which conforms to the rules.

1. Based upon a review of the docketing statement(s), this court may issue a scheduling order placing the appeal on the accelerated calendar. Any party may file a motion to remove an appeal from the accelerated calendar. The court may assign an appeal to, or remove an appeal from, the accelerated calendar at any stage of the proceedings.
   
   
2. All briefs filed in an accelerated calendar appeal shall conform to 6th Dist.Loc.App.R. 10 as to form and content; however, briefs shall not exceed 15 pages, excluding table of contents, lists of authorities and appendix. Appellant's brief shall be filed within 15 days after the date on which the record is filed. Appellee's brief shall be filed within 15 days after service of appellant's brief. Appellant must obtain leave of court to file a reply brief.
   
   
3. No oral arguments are allowed in accelerated calendar appeals unless requested in writing, separate from the brief, by any party within 10 days after the date appellee's brief is filed or due to be filed, whichever is earlier.

1. Scheduling a Mediation. The court's mediation attorney shall review the notice of appeal, the trial court's judgment from which the appeal is taken, and the docketing statement in all civil and administrative appeals to determine whether a mediation will be scheduled.
   If a mediation is scheduled, the court will notify the attorneys, or the parties if unrepresented, of the name of the mediator and the date, time and location of the mediation.
   Any party may telephone the court to make a confidential request for mediation or to request that a scheduled mediation be canceled.
   
   
2. Purposes and Procedure of the Mediation. Only the court's mediation attorney will conduct mediations. The attorneys primarily responsible for the case, as well as their clients, are required to attend the mediation in person, or with the approval of the mediator, by telephone. The goals of the mediation are: (1) to explore settlement possibilities, (2) to simplify the issues in the appeal if settlement is not achieved, and (3) to deal with any procedural problems which exist, may arise, or are anticipated in connection with the appeal.
   The court will attempt to schedule the mediation before any additional expense is incurred by the parties in proceeding with the appeal, i.e. preparation of the transcript of proceedings or briefs.
   
   
3. Extensions of Time to Transmit Record and File Briefs. The scheduling of a mediation does not stay the time in which the transcript of proceedings or briefs must be filed. Any party may telephone the mediator and request that the court issue a sua sponte order extending the time, until after the mediation, in which to transmit the record or file a brief. Thereafter, if the mediator determines that the parties are negotiating in good faith, additional extensions of time will be recommended by the mediator on a party's oral request.
   
   
4. Privilege and Confidentiality. The privilege and confidentiality provisions of R.C. Chapter 2710, Uniform Mediation Act, apply to all mediations.
   
   
5. Noncompliance Sanctions. If a party or attorney fails to comply with the provisions of this rule, the court may impose appropriate sanctions.

1. Request for Counsel. Except in appeals filed pursuant to App.R. 5(A) Delayed Appeals, requests for appointment of counsel and a transcript of proceedings at state expense shall be made in the first instance in the trial court. If the request is denied by the trial court, a subsequent motion may be filed in the court of appeals.
   
   
2. Selection of Counsel. The court shall maintain a list of qualified attorneys who have notified the court of their interest in serving as appointed counsel. Counsel shall be selected in a continual rotation from a list maintained by the court, except that the court may consider the experience and expertise of counsel in making an appointment.
   The court shall keep a record of all counsel appointments made in each calendar year and shall annually review that record to assure that appointments are equitably distributed among counsel on the appointment list.
   
   
3. Appointed Counsel Fees.
   
   
   1. Appointed counsel's application for attorney fees and expenses on appeal shall be submitted on the form prescribed by the Ohio Public Defender. Applications shall be filed with the court no earlier than the date that the appeal is decided on the merits or is dismissed, and no later than 30 days after the date that the appeal is decided on the merits or is dismissed. Attorney fees and expenses may be reduced or denied if the application is not timely filed.
      
      
   2. The rate of compensation for appointed counsel shall be in accordance with the rate and fee schedule as adopted by the applicable county commissioners. Copies of each fee schedule can be obtained in the Sixth District Court of Appeals Court Administrator's Office.

1. One portable camera with one operator
2. One still photographer
3. One audio system for radio broadcast purposes.

1. The court prohibits all persons, with the exceptions listed in Section B of this rule, from conveying or attempting to convey a deadly weapon or dangerous ordnance into the Sixth District Court of Appeals Courthouse. This includes anyone who has a concealed handgun permit issued pursuant to R.C. 2923.125 or 2923.123. This courthouse does not provide the service of securing handguns, except for authorized law enforcement personnel. See R.C. 2923.123 (C)(6).
   
   
2. The following persons are allowed to convey a deadly weapon or dangerous ordnance into the Sixth District Court of Appeals Courthouse: (1) judges of this court, (2) a peace officer as defined in R.C. 2935.01(B) who is acting within the scope of that individual’s duties, (3) a bailiff or deputy bailiff, (4) a prosecutor or secret service officer as defined in R.C. 2923.123(C)(5).