LOCAL RULES OF THE FIFTH APPELLATE JUDICIAL DISTRICT
TABLE OF RULES
1. Costs Deposits
(A) Original Actions
(C) Actions Brought by Indigents
2. Clerks of this Court; Filing Documents; Proposed Judgment Entry Required
(A) Clerks of this Court
(B) Filing Documents
(C) Electronic Filing
(D) Proposed Judgment Entry Required
3. Designation of Counsel; Application for Leave to Withdraw as Counsel
(A) Designation of Counsel
(B) Application for Leave to Withdraw as Counsel
4. Original Actions
(A) How Instituted
5. Dismissals for Failure to Prosecute the Appeal
6. Docketing Statement; Accelerated Calendar
(A) Docketing Statement
(B) Accelerated Calendar
7. Expedited Cases
8. The Record
(A) Extensions of Time for Filing the Record
(B) Inability of Court Reporter to Supply a Necessary Part of the Record
(C) Evidence Consisting of Weapons, Ammunition, Money, Drugs, Valuables
9. The Briefs
(A) General Requirements
(B) Contents of Briefs.
(C) Length of Briefs.
(D) Length of Time for Filing a Brief.
(E) Filing and Service of Briefs on Cross-Appeal
10. Oral Arguments
11. Delivery of Copies of Orders, Judgments, and Memorandum-Opinions
12. Consolidation of Appeals
13. Presiding Judge and Administrative Judge
14. Notification of Proposed Changes to the Local Rules of Court
15. Court Security
Form – Example of Facsimile Filing Cover Page
Form – Example of Notice of Filing an Exhibit
Form – Example of Motion and Entry for Withdrawal of Counsel
Form - Docketing Statement
LOCAL RULES OF THE FIFTH APPELLATE JUDICIAL DISTRICT
RULE 1. COSTS DEPOSITS
(A) Original Actions. No complaint in an original action (mandamus, prohibition, procedendo, quo warranto, or except where prohibited by R.C. 2725.28 or other law, habeas corpus) shall be accepted for filing in this Court of Appeals unless the party bringing the action shall first have deposited with the Clerk of the Court of Appeals of the county in which the action is to be brought the sum of eighty-five dollars ($85.00) as security for the payment of the costs that may accrue in the action.
Subpoenas shall not issue for witnesses in actions in habeas corpus unless an additional deposit of ten dollars ($10.00) per witness is deposited as security for costs with the Clerk of the Court of Appeals of the county in which the action is brought together with the praecipe for subpoena.
(B) Appeals. Within ten (10) days after filing the notice of appeal or cross-appeal, appellants or cross-appellants shall comply with section (C) of this rule or shall deposit with the Clerk of Court of Appeals of the county in which the appeals is filed the sum of ninety dollars ($90.00) as security for the payment of costs that may accrue in the appeal. Any personal check given for deposit shall be made payable to the Clerk of the Court of Appeals.
This deposit for costs may be made with the clerk of the trial court when the notice of appeal is filed in that court, and any deposit so made shall be forwarded by that clerk to the Clerk of the Court of Appeals along with the copy of the notice of appeals and other papers required by App.R. 3(D).
Failure to make this deposit for costs shall not prevent the filing of a notice of appeal in the trial court.
Failure to make this deposit for costs within ten days of the filing of the notice of appeal is failure to prosecute the appeal for which the appeal may be dismissed pursuant to App. R. 3(A).
(C) Actions Brought by Indigents. If the party bringing an original action, bringing an appeal, or seeking the attendance of witnesses files with the Clerk of the Court of Appeals a sworn affidavit of inability to secure costs by such prepayment, the requirements of Sections (A) and (B) of this rule shall not be effective. An affidavit of indigency must be filed for each and every notice of appeal and original action. (Former Rule 2 adopted effective May 1, 1981; amended effective September 1, 1981; July 1, 1983; January 1, 1993; August 30, 1995; amended and renumbered as Rule 1 effective May 1, 1997; amended effective January 1, 2008.)
RULE 2. CLERKS OF THIS COURT; FILING DOCUMENTS; PROPOSED JUDGMENT ENTRY REQUIRED
(A) Clerks of this Court. The Clerks of the Courts of Common Pleas of the counties comprising the Fifth Appellate Judicial District are the Clerks of this Court of Appeals in their respective counties pursuant to R.C. 2303.03.
(B) Filing Documents. Motions, records, briefs, and all other documents 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, with the Clerk of the Court of Appeals of the county in which the complaint is filed, such county properly being any county where this Court may obtain personal jurisdiction over the parties.
Documents mailed, faxed, or delivered directly to the offices of the judges in Canton will not be considered filed either when mailed or when received.
(C) Electronic filing. The provisions of this local rule are adopted under App.R. 13(A). Documents may be filed with the appropriate Clerk of Courts by facsimile transmission subject to the following conditions:
(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 other pleadings, including the notice of appeal or briefs, shall be filed via facsimile or other electronic transfer.
(2) Original filing.
(A) A document received and filed by facsimile shall be accepted by the Clerk of Court as the effective original filing. The source document and additional copies need not follow by mail for purpose of filing. The person making the fax filing must, however, maintain in his or her records and have available for production on request by the Court the source document, filed by fax for with original signatures as otherwise required under applicable rules, together with the original copy of the facsimile cover page used for the subject filing.
(B) The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post-judgment relief are exhausted.
(3) Definitions. As used in these rules, unless the context requires otherwise:
(A) A “facsimile transmission” means the transmission of a source document by a facsimile machine that encodes a document into optical or electrical signals, transmits and reconstructs the signals to print a duplicate of the source document at the receiving end.
(B) A “facsimile machine” means a machine that can send and receive a facsimile transmission.
(C) “Fax” is an abbreviation for “facsimile” and refers, as indicated by the context, to facsimile transmission or to a document so transmitted.
(4) Cover Page.
(A) All documents sent by facsimile shall be accompanied by a cover page containing the following information: (See Appendix for Example).
(I) the name of the Court;
(II) the caption of the case;
(III) the case number;
(IV) the assigned Judge(s), if applicable;
(V) the title of the document being filed;
(VI) the date of transmission;
(VII) the transmitting facsimile number;
(VIII) an indication of the number of pages included in the transmission, including cover page;
(IX) the name, address, telephone number, facsimile number, Supreme Court registration number, and e-mail address of the person filing the fax document, if available; and, (X) if applicable, a statement explaining how costs are being submitted.
(B) If a document is sent by fax to the Clerk of Court without the cover page information list above, the Clerk will:
(I) Enter the document in the Case Docket and file the document, if possible.
(II) If the faxed document(s) does not contain sufficient information to file the document, the Clerk of Court will deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Courts.
(C) The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk may attempt to inform the sending party of a failed fax filing.
(5) Signature. Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. Any party who files a signed document by fax represents that the physically signed source document is in his/her possession or control. Documents may be filed with a signature or with the notation "/s/" followed by the name of the signing person where the signature appears in the signed source document. If it is established that any document was transmitted without authority, the Court shall order the filing stricken.
(A) 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. Unless the Court orders otherwise, 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. Failure to file the missing exhibits as required may result in the Court striking the document and/or exhibit.
(B) Exhibits filed in this manner shall be attached to a cover sheet containing the caption of the case, which sets forth the name of the court, title 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. (See Appendix for Example).
(7) Time of Filing.
(A) Facsimile transmissions may be made on the basis of 24 hours per day, 7 days per week. Each page of any document received by the Clerk will be automatically imprinted with the date and time of receipt. The date and time imprinted on the document will determine the time of filing, provided the document is deemed accepted by the Clerk and the Clerk of Court’s office is open for business at the time of receipt. If a document is received on a date and time of which the Clerk of Court’s office is not regularly scheduled to be open for business, the document shall be deemed to have been filed on the next day and time the Clerk’s office is regularly scheduled to be open.
(B) Fax filings may NOT be sent directly to the Court for filing but may only be transmitted directly through the facsimile equipment operated by the appropriate Clerk of Courts.
(C) The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission.
(D) The risks 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 sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available.
(8) Fees and Costs.
(A) 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. Documents tendered to the Clerk without payment of court costs or fees, or without arranging payment terms with the Clerk will not be filed.
(B) No additional fee shall be assessed for facsimile filings.
(9) Facsimile filings shall not exceed twenty (20) pages in length. The filer shall not transmit service copies by facsimile.
(10) Effective date. These local rules shall be effective January 1, 2008, and shall govern all proceedings in actions brought after they take effect and also further proceedings in pending actions, except to the extent that, in the opinion of the Court, their application in a particular action pending on the effective date would not be feasible or would work an injustice, in which event, the former procedure applies.
(D) Proposed Judgment Entry Required. All motions shall be submitted for filing accompanied by a proposed judgment entry suitable for use if the motion is granted. (Adopted effective August 30, 1995; amended effective May 1, 1997; amended effective January 1, 2008).
RULE 3. DESIGNATION OF COUNSEL; APPLICATION FOR LEAVE TO WITHDRAW AS COUNSEL
(A) Designation of Counsel. Every notice of appeal, pleading, motion, and brief filed shall have typed or printed on it the name, address, and telephone number of the filing counsel (or the party, if not represented by counsel). The attorney registration number shall follow the name of filing counsel on all documents filed with this Court.
Notice or motions to appear as co-counsel with the counsel of record shall be made by the counsel of record.
(B) Application for Leave to Withdraw as Counsel. This Court has broad discretion in determining whether to permit counsel to withdraw.
(1) Application for leave to withdraw as counsel shall be made upon written motion and shall not be granted except upon a proposed judgment approved and signed by the client, by the client’s new counsel (if any), or upon a hearing with service made in accordance with Section B(2) of this Rule.
(2) If a hearing is required, counsel’s motion to withdraw must include a proposed entry ordering a hearing at a date, time and location to be written in by this Court with instructions to the Clerk of Courts to serve the counsel’s client(s) and all parties to the case by certified or express mail at the address(es) provided by counsel therein. The proposed entry shall further state that should service of process by certified or express mail fail or be refused, the Clerk of Courts shall notify the client(s) by regular, U.S. mail. (See Appendix for Example of Motion and Entry for Withdrawal of Counsel). After this Court has approved and filed the entry setting a hearing, the Clerk of Court’s office shall, pursuant to the Entry, cause the notice of hearing and the motion to withdraw to be served upon the client(s) by certified or express mail, return receipt requested, and upon all other parties to the appeal by regular mail. If service of process on the client(s) fails or is refused, the Clerk of Court’s office shall forthwith notify the client(s) by regular, U.S. mail. The Clerk shall forthwith enter the fact of the mailing(s) on the appearance docket and make a similar entry when or if return receipt is received.
(3) The hearing may be conducted by a single Judge pursuant to App.R. 15(C).
(4) When the application is granted following a hearing the client does not attend, the Clerk’s office shall serve this Court’s entry granting the motion to withdraw as counsel upon the client(s) by certified or express mail, return receipt requested. That entry shall notify the client(s) of counsel’s withdrawal and that the client must secure new counsel within twenty (20) days from the date of the entry, or such longer time as may be fixed by this Court, and shall state that if service of process on the client(s) fails or is refused, the Clerk of Court’s office shall notify the client(s) by regular U.S. mail. (Adopted effective September 11, 1984; amended effective August 30, 1995; amended effective May 1, 1997; amended effective July 1, 1999; amended effective January 1, 2008).
RULE 4. ORIGINAL ACTIONS
(A) How Instituted. Service in original actions shall be made and the action shall commence upon the filing of a complaint and proceed as a civil case under the Ohio Rules of Civil Procedure unless those rules are clearly inapplicable.
(B) Evidence. Unless consent of the Court is otherwise obtained, the evidence in all original actions, except in habeas corpus, shall be submitted to the Court by means of an agreed statement of facts, stipulations, or depositions; oral testimony will not be heard.
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, except as otherwise ordered by the Court due to exceptional circumstances.
(Adopted effective May 1, 1997; amended effective January 1, 2008).
RULE 5. DISMISSALS FOR FAILURE TO PROSECUTE THE 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, sua sponte, for failure to prosecute:
(A) Failure to timely order in writing any necessary transcript of proceedings from the court reporter;
(B) Failure to cause the record on appeal to be timely transmitted to the clerk of this Court;
(C) Failure to timely file the brief or otherwise fail to comply with all the provisions of App.R. 16 or Loc.App.R. 9;
(D) Failure to timely file a fully completed docketing statement pursuant to Loc.App.R. 6.
(Adopted effective May 1, 1997).
RULE 6. DOCKETING STATEMENT; ACCELERATED CALENDAR
(A) Docketing Statement. Each appellant and cross-appellant shall file a fully completed docketing statement, typed or legibly printed, at the same time as filing the notice of appeal or cross-appeal. A docketing statement is not fully completed unless a time-stamped copy of the judgment being appealed is attached. The party prosecuting an appeal shall serve a copy of the completed docketing statement together with the notice of appeal on the opposing party.
The clerk of the trial court shall provide docketing statement forms as prescribed by this Court. (See Appendix for Docketing Statement Form). Docketing statements of a form other than the one shown in the Appendix will not be allowed. The clerk of the trial court shall send a copy of the docketing statement to the Court of Appeals along with a copy of the notice of appeal.
(B) Accelerated Calendar. Pursuant to App.R. 11.1, this Court has adopted an accelerated calendar. The Court shall determine from the docketing statement whether the appeal will be assigned to the accelerated or regular calendar. If the appeal is assigned to the accelerated calendar, oral arguments shall not be scheduled and the matter will be determined upon submission of all briefs.
If appellee or cross-appellee objects to the assignment of the appeal to the accelerated calendar, appellee or cross-appellee may file an objection with this Court within thirty days of the filing of the docketing statement and the case shall be assigned to the regular calendar.
(Adopted effective September 30, 1995; amended effective May 1, 1997; amended effective January 1, 2008).
RULE 7. EXPEDITED CASES
A criminal appeal by the state as of right or a civil appeal of the type listed under section (F)(3) of the Docketing Statement must be expedited by this Court. Therefore all parties shall give their prompt attention to such appeals and prosecute them diligently. Requests for extensions of time to transmit the record or to file the briefs should be minimized.
Oral arguments on expedited cases, once scheduled, will not be continued absent a showing of extraordinary circumstances. Oral arguments will be scheduled on the earliest available date and, if necessary to expedite, will be held in any county within the Fifth Appellate District.
(Adopted effective May 1, 1997).
RULE 8. THE RECORD
(A) Extensions of Time for Filing the Record. The trial court shall closely limit its extensions of time for transmission of the record (App.R. 10(C)), shall overrule any motion for an extension of time where good cause is not set forth and shown, and in no event shall any such order operate to 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) Inability of Court Reporter to Supply a Necessary Part of the Record. Motions filed with this Court to supplement the record or for an extension of time to transmit the record, needed by reason of a claimed inability of the court reporter to supply a necessary part of the record, must be accompanied by an affidavit of the court reporter stating the circumstances relied on as justifying the extension, the date of the notice of appeal, and the date of service of the praecipe to the court reporter ordering the transcript.
(C) Evidence Consisting of Weapons, Ammunition, Money, Drugs, or Valuables. The clerk of the trial court shall not, unless directed to do so by this Court upon a motion by a party, transmit any trial exhibits consisting of weapons, ammunition, money, drugs, or valuables. The list of documents that the trial court clerk transmits with the record (App.R. 10(B)) shall designate which exhibits are not being transmitted pursuant to this rule and the custodian of the exhibits.
(Adopted effective October 1, 1981; amended effective May 1, 1997).
RULE 9. THE BRIEFS
(A)General Requirements. In addition to filing the four copies of each brief as required by App.R. 18(B), a CD-ROM or 3½” floppy disk containing a copy of the brief, saved in Word, WordPerfect or Adobe Acrobat® PDF format shall be filed, if possible. The floppy disk or CD-ROM should be identified or marked with Case Name, County and Case Number and should be affixed to a copy of the brief (for example, secured to a copy of the brief by clippie, tape or in an envelope designed to hold a floppy disk or CD-ROM).
If a party cannot comply with the requirement to provide a copy of the brief saved on a CD-ROM or 3½” floppy disk, instead of filing the CD-ROM or 3½” floppy disk, that party shall file a notice indicating the inability to comply.
(B)Contents of Brief. In addition to the requirements of App.R. 16, the brief of appellant shall contain clear copies of the following:
(1) The judgment entry appealed from; (Handwritten judgment entries are inappropriate and shall not be considered by this Court except for uniform traffic citations. See Ohio Traffic Rules);
(2) Any opinion of the trial court announcing the decision reflected by the judgment entry appealed from;
(3) Any written fact findings and conclusions of law signed and/or adopted by the trial judge contained in the record on appeal; and
(4) Where a summary judgment is appealed, a statement on a separate page following the assignments of error, declaring whether the claim is that the judgment is inappropriate as a matter of law on the undisputed facts or that a genuine dispute exists as to a material fact or facts, coupled with a separate statement of the specific fact issue or issues claimed in the trial court to have been material and genuinely disputed. See North v. Pa. Ry. Co., 9 Ohio St.2d 169, 224 N.E.2d 757, syllabus 2.
(C)Length of Briefs. In addition to the requirements of App.R. 16, no appellant's or appellee's brief or cross-appellant's or cross-appellee's brief, excluding appendices, table of contents, table of cases, statement of assignments of errors, and statement of the issues shall exceed thirty pages, unless, upon a motion requesting an increase of a specific number of pages and the showing of good cause, this Court orders otherwise. No reply brief shall exceed fifteen pages.
(D)Length of Time for Filing a Brief. In extension of App. R. 14(B), motions for enlargement of time to file a brief shall state the number of previous extensions granted pursuant to that rule. A motion to file a brief instanter must state that the brief was delivered to the clerk for filing with the motion to file instanter.
(E)Filing and Service of Briefs on Cross-Appeal. In extension to App. R. 18, a cross-appellant shall serve and file the cross-appellant brief within the same time guidelines as apply to an appellee brief. The cross-appellee/appellant shall serve and file the cross-appellee brief and may serve and file an appellant reply brief within twenty days after service of the cross-appellant brief. The cross-appellant may serve and file a reply brief within ten days after service of the cross-appellee's brief.
(Former Rules 4, 5, and 7 adopted effective October 1, 1981; amended effective May 29, 1984; August 30, 1995; amended and renumbered as Rule 9 effective May 1, 1997; amended effective January 1, 2008.)
RULE 10. ORAL ARGUMENTS
In accordance with App.R. 21(B), oral arguments shall be reduced from thirty minutes per side to fifteen minutes per side. In those cases where the Court has determined, sua sponte, that additional time is needed, the Court shall advise counsel as to the time established. (Adopted effective July 30, 1995).
RULE 11. DELIVERY OF COPIES OF ORDERS, JUDGMENTS, AND MEMORANDUM-OPINIONS.
(A) Parties. In extension of App.R. 30(A), immediately upon the entry of an order or judgment of this Court, the Clerk of this Court shall deliver a copy of the order or judgment and a copy of any accompanying memorandum-opinion to all counsel and to any party not represented by counsel and shall make a note of the delivery in the appearance docket of the Court of Appeals.
(B) Judge. The Clerk of this Court shall deliver a copy of any order or judgment entry terminating an appeal and a copy of any accompanying memorandum-opinion to the judge whose judgment was appealed. (Adopted effective April 2, 1981).
RULE 12. CONSOLIDATION OF APPEALS
Cases involving related transactions and the same or similar principles of law may be consolidated at the discretion of the Court either upon motion or sua sponte.
When consolidation has been ordered, the parties of each side shall endeavor to prepare a common brief with an allowance for special addenda to cover any proposition deemed essential by a particular party.
When consolidation is ordered, the consolidation order shall specify a controlling case number. The Clerk shall place all pleadings and entries filed subsequent to the consolidation order only in the controlling case number’s file.
All pleadings filed in a consolidated case must show each of the case numbers of all the consolidated cases with the controlling case number shown first. The clerk shall place the consolidation order in the file of each of the consolidated case numbers. Any order closing a particular case shall be placed by the clerk in the file of that particular case.
All time constraints for filings shall be determined under the designated controlling case number. (Adopted effective May 1, 1997).
RULE 13. PRESIDING JUDGE AND ADMINISTRATIVE JUDGE
A presiding judge and an administrative judge shall be designated by judgment entry signed by three judges of this Court and filed with the Clerk of this Court in Stark County. Such designations and duties shall continue until further order of this Court.
(Adopted effective February 10, 1981).
RULE 14. NOTIFICATION OF PROPOSED CHANGES TO THE LOCAL RULES OF COURT
This Court shall send to each Clerk of this Court for each county in the Fifth Appellate District a copy of the proposed changes to these Local Appellate Rules. The respective clerks 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 judge (common pleas, municipal, probate, etc.) 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 these Local Appellate Rules.
(Adopted effective May 1, 1997).
RULE 15. COURT SECURITY
The Fifth District Court of Appeals is charged with dispensing justice, resolving disputes, and protecting the constitutional rights of those who appear before the Court. Appropriate levels of security should exist in the court to protect the integrity of the Court procedures, protect the rights of individuals before it, sustain the 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 C.A.Sup.R. 5, this Court shall appoint a Local Advisory Committee consisting of members from the judiciary, law enforcement, bar associations, or other community groups as deemed appropriate by the Court. The Local Court Advisory Committee shall adopt a Security Operations Manual which shall establish written directives ensuring security within the Court while maintaining accessibility to the community. (Adopted effective September 1, 1995; amended effective May 1, 1997).
FACSIMILE FILING COVER PAGE
NAME OF COURT: ______________________________________________
FAX NUMBER: __________________________________________________
SENDING PARTY INFORMATION:
SUPREME COURT REGISTRATION NO. (If applicable): ________________
TELEPHONE NO.: ______________________________________________
FAX NUMBER: _________________________________________________
E-MAIL ADDRESS (If applicable): __________________________________
TITLE OF THE CASE: ____________________________________________
CASE NUMBER: ________________________________________________
TITLE OF THE DOCUMENT: _______________________________________
DATE OF FAX TRANSMISSION: _____________________________________
NUMBER OF PAGES (Including this page): ____________________________
STATEMENT EXPLAINING HOW COSTS ARE BEING SUBMITTED, IF
Effective January 1, 2008
IN THE COURT OF APPEALS FOR ** COUNTY, OHIO
FIFTH APPELLATE DISTRICT
JOHN SMITH :
: CASE NO. **
-vs- : JUDGES:
: (If panel has been assigned)
BILL JONES :
APPELLANT SMITH’S NOTICE OF FILING EXHIBIT “G”
Appellant Smith, through counsel hereby files Exhibit “G” to Appellant Smith’s Response to Appellee’s Motion to Dismiss. The referenced pleading was filed by facsimile transmission with the Court on [date]. Exhibit “G” could not be accurately transmitted by fax and is, therefore, being timely filed as a separate document with the Court pursuant to Loc.R. **.*.
Attorney Name (S.Ct. Reg. No.)
Counsel for Appellant John Smith
CERTIFICATE OF SERVICE
I certify that a copy of this Notice of File Exhibit “G” was sent by ordinary U.S. mail on [date] to counsel for Appellee Bill Jones, [name and address of recipient].
Effective January 1, 2008 Attorney Name
Counsel for Appellant John Smith
IN THE COURT OF APPEALS FOR *** COUNTY, OHIO
FIFTH APPELLATE DISTRICT
: CASE NO. ***
: MOTION FOR LEAVE TO
*** : WITHDRAW AS COUNSEL;
: HEARING REQUESTED
Now comes Counsel for the Appellant/Appellee and moves this Court for leave to withdraw as counsel of record. Counsel makes this request due to _(provide reasons)_. A hearing is requested.
Attorney for Appellant/Appellee
INSTRUCTIONS TO THE CLERK
Please serve a copy of the Motion for Leave to Withdraw on the following parties by certified or express mail:
(To be filled in by Counsel)
1234 S. Main St. Canton, Ohio by Certified Mail or Express Mail
Opposing party(ies) or counsel
(To be filled in by Counsel)
1234 S. Market St.
by Regular Mail
Should certified mail or express mail fail or be refused by the client(s), please serve the Motion for Leave to Withdraw and Judgment Entry setting the hearing by regular, U.S. Mail.
Effective January 1, 2008
IN THE COURT OF APPEALS FOR *** COUNTY, OHIO
FIFTH APPELLATE DISTRICT
: CASE NO. ***
: JUDGMENT ENTRY
*** : SETTING HEARING
This matter came before the Court upon the Motion for Leave to Withdraw of Attorney _(Fill in Name)_ as attorney for Appellant/Appellee. The Court will hold a hearing on the Motion on the ______ day of ____________________, 200___ at ___________a.m./p.m. at ________________________________________________.
This Entry shall be served upon ________(Fill in Names and Address(es) of your client(s)) by certified or express mail. If the certified or express mail service fails or is refused, the Clerk shall reissue service by regular, U.S. Mail. In addition, this Entry shall be served upon ________(Fill in Names and Address(es) of Opposing Party(ies) or Counsel) by regular, U.S. mail.
IT IS SO ORDERED.
Effective January 1, 2008
OHIO FIFTH DISTRICT COURT OF APPEALS
WARNING: A time-stamped copy of the judgment being appealed must be attached to this Statement.
WARNING: All requested information must be provided. Failure to file a fully completed docketing statement, typed or legibly printed, may result in this appeal being dismissed by the Court, sua sponte.
_______________________________________ Appeal No._________________________________________
Trial Court No. _____________________________________
_______________________________________ Trial Court Judge____________________________________
Plaintiff-Appellant Appellee (Circle Designation)
-vs- Plaintiff's Counsel___________________________________
Defendant-Appellant Appellee (Circle Designation)
A. DATES: Of the judgment being appealed _______________ Of the filing of the Notice of Appeal ________________
B. PROBABLE ISSUES FOR REVIEW: (Including charges in criminal case)____________________________________
C. THIS APPEAL SHOULD BE ASSIGNED TO: (Check One) (See Loc. App. R. 6(B) and App. R. 11.2)
( ) The regular calendar,
( ) The accelerated calendar, (See Loc. R. 6(B))
( ) The expedited calendar. (See Section F(3) on page two of this docketing statement and App. R. 11.2)
D. THE RECORD: This Docketing Statement will serve as a praecipe to the clerk to prepare and transfer the docket and journal entries.
Please Indicate the Type of Record to be Filed: (Check One).
( ) Docket and Journal Entries Only, no transcript of proceedings.
( ) ( ) Full or ( ) Partial Transcript has been prepared already. If partial, see App.R. 9(B)
( ) Statement of the record pursuant to App.R. 9(C).
( ) Agreed Statement of the Record pursuant to App.R. 9(D).
( ) Transcript of Proceedings. ( ) Less than or ( ) Greater than 100 pages.
( ) Full or ( ) Partial transcript has been ordered. If partial, see App.R. 9(B).
WARNING: If a transcript of proceedings is needed, a copy of the notice of appeal and an appropriate praecipe must be served by Appellant on the court reporter. A copy of the praecipe to the court reporter shall be filed with this Court showing service of the notice of appeal and praecipe upon the court reporter.
NAME OF COURT REPORTER, DATE SERVED __________________________________________________
Please state with particularity which exhibits and/or evidence, other than paper exhibits or documentary evidence not of unusual bulk or weight, the parties request be transmitted as part of the record on appeal. (See APP.R. 10(B); Loc.App.R. 8(C))_______________________________________________________________________________________________
E. CRIMINAL CASE
1. CHARGE: ________________________________________________________________________________________________
2. DEGREE: ( ) Misdemeanor ( ) Felony
3. Is this an appeal of probation revocation? ( ) Yes ( ) No. If yes, what was the original charge and sentence?
4. Is this an appeal of Post-Conviction Relief? (R.C. 2953.21) ( ) Yes ( ) No. If yes, was a hearing held in the trial court?
( ) Yes ( ) No. What was the original charge and sentence? _______________________________________________________
5. Type of Appeal: (Check One)
( ) Appeal as of Right ( ) State’s Appeal as of Right (R.C. 2945.67(A))
( ) Appeal by Leave of Court (App.R. 5) ( ) State’s Appeal by Leave of Court
6. Is this an appeal for review of sentencing pursuant to R.C. 2953.08? ( ) Yes ( ) No.
7. Was counsel appointed for trial? ( ) Yes ( ) No.
8. Was counsel appointed for appeal? ( ) Yes ( ) No.
9. Was a stay of sentence requested in trial court? ( ) Yes ( ) No If yes, stay was: GRANTED DENIED PENDING
F. CIVIL CASE
1.ACTION BROUGHT IN LOWER COURT:______________________________________________________________________
2. Did this action originate in a Trial Court or in an Administrative Agency? Indicate which.
( ) County Court ( ) Municipal Court ( ) Common Pleas Court ( ) Administrative Agency
( ) Probate Court ( ) Family Court ( ) Juvenile Court ( ) Other _____________
3. Must this case by expedited as being one of the following types: ( )Yes ( )No. If yes, check one of the following:
( ) Appeal under determination of local fiscal emergency brought by municipal corporation R.C. 118.04(C)
( ) Appeal brought by minor child under R.C. 2505.073
( ) Appeal involving matters of child custody, allocation of parental rights or responsibilities, or designation of a child’s place of residence and legal custodian under R.C. 3109.04(H) and R.C. 3109.06.
( ) Appeal from orders granting or denying (1) termination of parental rights or (2) adoption of a minor child.(See App. R. 11.2 effective July I, 2000) See Loc. R. 7
( ) Appeal from orders regarding dependent, abused, neglected, unruly, or delinquent children.
(See App. R. 11.2 effective July I, 2000) See Loc. R. 7
( ) Election contests as provided in R.C. 3515.08
4. Do you know of another case pending in this Court which raises the same issue(s)? ( ) Yes ( ) No. If yes, please cite case(s). ____________________________________________________________________________________________________________
5. Have you determined in good faith that the judgment appealed from is a final appealable order? (R.C. 2505.02)
( ) Yes ( ) No.
6. Did the judgment dispose of all claims by and against all parties? ( ) Yes ( ) No.
7. If not, is there an express determination that there is “no just reason for delay”? (Civ.R. 54(B)) ( ) Yes ( ) No.
8. Was a stay of judgment requested in trial court? ( ) Yes ( ) No If yes, stay was: GRANTED DENIED PENDING
I certify that the information provided on this docketing statement is accurate.
Signature of Counsel (or Party if not represented by Counsel)
& Supreme Court Reg. No. ____________________________________
Amended Effective January 1, 2008