Cleveland Law Library Weblog

Ohio AG Will Now Defend Appellate Judges and Courts in Non-Monetary Civil Suits

As part of HB 10, the Ohio Attorney General's office will now be representing appellate judges and courts in non-monetary civil suits. A letter the AG's office sent to the courts provides that: "any cases seeking only equitable relief (e.g., writs of mandamus or procedendo) and filed against Appellate Court Judges will be handled by the Constitutional Offices Section of the Ohio Attorney General’s Office.” According to the Supreme Court's press release, the AG's office will also provide representation to appeals court employees whether monetary relief is requested or not.

New Pamphlet Available for Pro Se's Appealing to Ohio Supreme Court

The Ohio Supreme Court has created and published a brand new online pamphlet for pro se litigants who are preparing appeals to the Supreme Court from one of Ohio's Courts of Appeal. 

New Ohio Court Rules Effective Today

Various Ohio Rules of appellate, civil, criminal, and juvenile procedure become effective today. The Ohio Supreme Court's Press Release outlines the changes, which include an addition for service of process on limited liability companies, enhancements to rules on electronic discovery, and other changes. Click here to read a more detailed summary of the amendments, together with the text of all the new rules.

Electronic Notice of Appeal Accepted Only if Appellate Court has Local Rule Permitting Electronic Filing

In Louden V. A.O. Smith Corp., Slip. Opinion 2009-Ohio-319, the Supreme Court of Ohio upheld a decision of the Eighth District Court of Appeals dismissing a case as untimely filed after the appealing parties first tried to file their notices of appeal electronically.  The parties relied upon a case management order issued in asbestos cases in Cuyahoga County requiring documents to be filed electronically to argue that the cases were filed within the thirty day period provided for in App.R. 4.  The parties later filed paper notices of appeal outside the thirty day period. Electronic filing is permitted in Appellate Courts pursuant to App.R. 13.  However, in Sup.R. 27, the Supreme Court has set forth the procedure for appellate courts to follow before electronic filings may be accepted by the courts of appeal.  The Eighth District Court of Appeals has not submitted a proposed local rule to the Supreme Court's Commission on Technology and the Courts for review as required by Sup.R. 27.  Without a proper local rule in place by the court of appeals, an order by the trial court cannot provide for electronically filing a notice of appeal.