Ohio Loc. App. R. 16

As amended through July 25, 2024
Rule 16 - Briefs

The briefs shall follow the format set forth in this rule, in App.R. 16, and in Loc.R. 16. The court shall strike a brief that does not substantially comply with these rules.

A.Table of Contents: Consistent with App.R. 16(A)(1) through 16(A)(4), the table of contents shall index the brief's contents and shall set forth the table of cases, the assignments of error, and the issues presented for review.
B.Table of Authorities: The brief shall list the cases cited in support of the issue, followed by a list of the statutes, rules, and other authorities cited in support of the issue.
C.Statement of the Case: Consistent with App.R. 16(A)(5) and 16(A)(6), the statement of the case shall briefly summarize the nature of the case, the course of the proceedings, and the disposition below. The statement of the case shall be followed by, under appropriate headings and in the order indicated, the following:
1.Statement of Jurisdiction: The statement of jurisdiction shall state that the appeal was timely filed and was taken from a final appealable order and shall contain references to the relevant parts of the record and citations to the relevant rules and statutes.
2.Procedural Statement: The procedural statement shall contain the relevant procedural events leading to the appeal and shall contain references to the relevant parts of the record.
3.Statement of the Facts: The statement of the facts shall recite the facts relevant to the assignments of error and shall contain references to the relevant parts of the record.
4.Argument: The argument shall state the assignments of error and the issues presented for review in precisely the same manner and order in which they are stated in the table of contents. The argument shall set forth, in the order indicated, the following:
a.Assignment of Error: An assignment of error shall state how the trial court is alleged to have erred, e.g., "The trial court erred in overruling the motion to suppress." Each assignment of error shall be followed by references to the parts of the record demonstrating the alleged error.
b.Issues Presented for Review: Under each assignment of error, the brief shall set forth the numbered issues presented for review.
c.Standard of Review: Under each numbered issue presented for review, the brief shall state the applicable standard of review.
d.Contentions and Reasons: Under each numbered issue presented for review, after the statement of the applicable standard of review, the brief shall set forth the contentions relevant to the issue and the reasons supporting each contention.
e.References to the Record and Citations to Authorities: Each contention supporting an issue presented for review shall be followed by references to the relevant parts of the record and citations to the relevant authorities. References to the record shall be made pursuant to App.R. 16(D) when feasible, although any reasonable system for citing to the record may be used. References to the record and citations shall be made in the body of the argument rather than in footnotes. Footnotes are discouraged in the briefs.
f.Conclusion: The conclusion shall briefly summarize the argument and shall precisely state the relief sought on appeal.
D. Proper rebuttal in a reply brief is confined to new matters arising in appellee's responsive brief.
E. Certificate of Service
1. Briefs will not be considered without proof of service endorsed on the document or separately filed pursuant to App.R. 13(E).
2. If an appellant's brief does not contain the proper proof of service, the appeal may be dismissed.
F. Attachments of legal authorities is disfavored. A party should refrain from appending any additional documents or papers to a brief not set forth in this rule, or from filing a separate appendix. This includes trial court orders or judgments, copies of constitutional provisions, statutes, ordinances, rules, or regulations. A party may request leave, by separate motion, to file an appendix, describing the specific extraordinary reasons for filing an appendix. A party shall include an index of the proposed appendix and a summary of the length and content of the appendix.
G. Citations in briefs to authorities. The Manual of Citations adopted by the Supreme Court of Ohio Reporter provides the form of a citation to authority in a brief. The Manual of Citations is available at http://www.sconet.state.oh.us
H. No-merit briefs in criminal cases: This court does not accept "no-merit" briefs filed under Anders v. California (1967), 386 U.S. 738, 87 S.Ct. 1396, and its progeny. Counsel must file a merit brief, unless the appellant directs counsel that the appeal should be withdrawn. See State v. Cruz-Ramos, 7th Dist. No. 17 MA 0077, 2018 -Ohio-1583.

Ohio. Loc. App. R. 16

Amended eff. 9/30/2022.