Ohio R. Superi. Ct. 25

As amended through October 29, 2024
Rule 25 - Procedure on Appeals Pursuant to R.C. 2151.85, 2919.121, and 2505.073
(A) Definition.

As used in this rule, "days" means calendar days and includes any intervening Saturday, Sunday, or legal holiday. If the last day on which a judgment is required to be entered falls on a Saturday, Sunday, or legal holiday, the computation of days shall not be extended and judgment shall be made either on the last business day before the Saturday, Sunday, or legal holiday, or on the Saturday, Sunday, or legal holiday.

(B) General rule of expedition.
(1) If a complainant or petitioner files a notice of appeal on the same day on which the juvenile court denies or dismisses her complaint or petition, the entire court process, including the court hearing, appeal, and decision, shall be completed in sixteen calendar days from the time the complaint or petition was filed.
(2) If a complainant or petitioner files a notice of appeal after the day on which the juvenile court denies or dismisses her complaint or petition, the entire court process, including the court hearing, appeal, and decision, shall be completed in sixteen calendar days from the time the complaint or petition was filed, plus the number of calendar days that elapsed between the date on which the court's decision was issued and the date on which the notice of appeal was filed.
(C) Processing appeal.
(1) Immediately after a notice of appeal has been filed by a complainant or petitioner, the clerk of the juvenile court shall notify the court of appeals. Within four days after the notice of appeal is filed, the clerk shall deliver a copy of the notice of appeal and the record, except page two of the complaint or petition, to the clerk of the court of appeals who immediately shall place the appeal on the docket of the court of appeals.
(2) Record of all testimony and other oral proceedings in actions pursuant to R.C. 2151.85 or 2919.121 may be made by audio or video recording. If the testimony is on a recording and a transcript cannot be prepared timely, the court of appeals shall accept the recording as the transcript in this case without prior transcription.
(3) The appellant under this section shall file her brief within four days after the appeal is docketed. Unless waived, the oral argument shall be within five days after docketing. Oral arguments shall be closed to the public and exclude all persons except the appellant, her attorney, her guardian ad litem, and essential court personnel.
(D) Confidentiality. All proceedings pursuant to R.C. 2505.073(A) or 2919.121 shall be conducted in a manner that preserves the anonymity of the appellant on appeal. Except as set forth in division (F) of this rule, all papers and records that pertain to an appeal pursuant to R.C. 2505.073 or 2919.121 shall be kept confidential and shall not be available for public access pursuant to Sup.R. 44 through 47.
(E) Judgment entry. The court of appeals shall enter judgment immediately after conclusion of oral argument or, if oral argument is waived, within five days after the appeal is docketed.
(F) Release of records.
(1)The public shall be entitled to secure all of the following from the records pertaining to each case filed pursuant to R.C. 2505.073 or 2919.121 e:
(a) The docket number;
(b) The name of the judge;
(c) The judgment entry and, if appropriate, a properly redacted opinion.
(2)Opinions shall set forth the reasoning in support of the decision in a way that does not directly or indirectly compromise the anonymity of the minor. Opinions written in compliance with this requirement shall be considered public records available upon request. If, in the judgment of the court, it is impossible to release an opinion without compromising the anonymity of the minor, the entry that journalizes the outcome of the case shall include a specific finding that no opinion can be written without disclosing the identity of the minor. Such finding shall be a matter of public record.
(3)The court shall remove any and all information in its opinion that would directly or indirectly disclose the identity of the minor.
(G) Notice and hearing before release of opinion.
(1)After an opinion is written and before it is available for release to the public, the court shall notify the minor and give her the option to appear and argue at a hearing if she believes the opinion may disclose her identity. Notice may be provided by including the following language in the opinion:

"If appellant believes that this opinion may disclose her identity, appellant has a right to appear and argue at a hearing before this court. Appellant may perfect this right to a hearing by filing a motion for a hearing within fourteen days of the date of this opinion.

The clerk is instructed that this opinion is not to be made available for release until either of the following:

· Twenty-one days have passed since the date of the opinion and appellant has not filed a motion;

· If appellant has filed a motion, after this court has ruled on the motion.

(2)Notice shall be provided by mailing a copy of the opinion to the attorney for the appellant or, if she is not represented, to the address provided by appellant for receipt of notice.
(H) Constructive order. Upon request of the appellant or her attorney in proceedings pursuant to R.C. 2151.85 or 2505.073 the clerk of the juvenile court shall verify on "25-A" the date the appeal was docketed and whether a judgment has been entered within five days of that date. The completed form shall include the case number from the juvenile court and the court of appeals, and shall be filed and included as part of the record. A date-stamped copy shall be provided to the appellant or her attorney.

Ohio. R. Superi. Ct. 25

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