Ohio Loc. App. R. 21

As amended through July 25, 2024
Rule 21 - Oral Argument
A. A case will not be set for oral argument unless requested in writing by including the words:

"ORAL ARGUMENT REQUESTED"

prominently displayed on the cover page of the appellant's opening brief or the appellee's brief. See App.R. 21(A). A notation on the docketing statement that oral argument is requested is insufficient to preserve a right to oral argument.

B. A properly filed request for oral argument by any party entitled to appear at argument shall be sufficient to preserve the right of oral argument for all parties who are otherwise permitted to argue pursuant to our Local Rules and The Rules of Appellate Procedure.
C. With leave of court, counsel (or a party, if unrepresented) may waive oral argument, even if argument has previously been requested by the party.
1. A request to waive oral argument shall be made by written motion no later than twenty-one (21) days before the date set for oral argument, unless a different time period is ordered by the Court in a particular case.
2. If any party waives appearance at oral argument, the Court shall hear argument on behalf of any remaining parties, unless oral argument has also been waived by all other parties.
3. Parties shall be present in court 30 minutes prior to the scheduled time of oral argument. If a party is not present in court 30 minutes prior to the scheduled time of oral argument, the Court has the discretion to treat this as a waiver of appearance and the party may not be permitted to argue, at the discretion of the Court.
4. If a party fails to attend oral argument, the Court will hear argument from the remaining parties in attendance at oral argument.
D. Counsel will not be permitted to participate in oral argument without making a proper appearance in the appeal pursuant to Loc.R. 3.
E. The court may require oral argument in any case without a request having been made by any party.
F. Oral argument not permitted:
1. The court shall not hear oral argument and shall notify counsel (or the party, if unrepresented) of the date when the appeal will be submitted on the briefs, under the following circumstances:
a. An incarcerated appellant is representing himself;
b. The court has determined that oral argument is unnecessary.
G. Notice of oral argument and of appellate panel:
1. In accordance with App.R. 21(B), the court will issue a Notice of Oral Argument and/or Notice of Submission on Briefs to all parties and counsel of record no later than 14 days prior to the date on which the oral argument/submission on the briefs shall be heard. This Notice shall include the names of the judges assigned to the three-judge panel. If the membership of the panel changes after the Notice is issued, the Court shall immediately issue new notice and advise the self-represented party and counsel of record of the panel changes as well as the identity of the new or amended three-judge panel.
2. The Court shall post the schedule for oral arguments and cases submitted on the briefs on the Court's website.
H. Time allowed for oral argument: Oral argument shall be limited to 15 minutes per side. This time limit applies to all appeals including cases involving cross-appeals, cases in which there are multiple appellants or multiple appellees, and consolidated appeals. The court may enlarge the time for oral argument either upon its own initiative or upon good cause shown in a written motion filed within the time provided for filing the brief.
I. If any party fails to appear to present oral argument, the Court shall hear argument on behalf of the opposing party, unless waived.
J. Oral argument and courtroom decorum:
1. During oral argument, no person present in the courtroom shall operate a cellular telephone or any other electronic communication or entertainment device without prior approval of this Court.
2. Without prior approval of the Court, oral argument proceedings shall not be photographed and shall not be recorded by any sound or video recording device.
K. During oral argument, no party shall exhibit real or demonstrative evidence, or any other type of display, unless authorized by the Court upon a motion filed no later than twenty-one (21) days before the date set for oral argument.
L. In accordance with App.R. 21(J), the Court shall make an audio recording of all oral arguments. Such recording shall be made available for review to the parties or public upon written request. All written requests must include the date of the oral argument and set forth the Court of Appeals Case Number. All written requests shall be sent via U.S. Mail to the following:

Seventh District Court of Appeals

Attn: Oral Argument Recording Request 131 West Federal Street

Youngstown, Ohio 44503

All requests must include the requestor's accurate contact information, including address, telephone number and e-mail address (if applicable). Requestors shall be notified of a date and time to report to the Court when the recording shall be made available for review.

Ohio. Loc. App. R. 21

Amended eff. 9/30/2022.