OH · rules

Ohio App.R. 11.2

Expedited Appeals

activein force · 2025-07-01 – presentact-effective-date

(A) Applicability

Appeals in actions described in this rule shall be expedited and given calendar priority over

all other cases, including criminal and administrative appeals. The Ohio Rules of Appellate

Procedure shall apply with the modifications or exceptions set forth in this rule.

(B) Abortion-related appeals from juvenile courts

(1) Applicability

App.R. 11.2(B) shall govern appeals pursuant to sections 2151.85, 2505.073, and

2919.121 of the Revised Code.

(2) General rule of expedition

If an appellant files her notice of appeal on the same day as the dismissal of her

complaint or petition by the juvenile court, the entire court process, including the

juvenile court hearing, appeal, and decision, shall be completed in sixteen calendar

days from the time the original complaint or petition was filed.

(3) Processing appeal

(a) Immediately after the notice of appeal has been filed by the appellant, the

clerk of the juvenile court shall notify the court of appeals. Within four

days after the notice of appeal is filed in juvenile court, the clerk of the

juvenile court shall delive r 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.

(b) Record of all testimony and other oral proceedings in actions pursuant to

sections 2151.85 or 2919.121 of the Revised Code may be made by audio

recording. If the testimony is on audio tape and a transcript cannot be

prepared timely, the court of appeals shall accept the audio tape as the

transcript in this case without prior transcription. The juvenile court shall

ensure that the court of appeals has the necessary equipment to listen to the

audio tape.

days after the appeal is docketed. Unless waived, the oral argument shall

be within five days after docketing. Oral arguments must be closed to the

public and exclude all per sons except the appellant, her attorney, her

guardian ad litem, and essential court personnel.

(d) Under division (B) of this rule, “days” means calendar days and includes

any intervening Saturday, Sunday, or legal holiday. To provide full effect

to the expedition provision of the statute, 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.

(4) Confidentiality

All proceedings in appeals governed by App.R. 11.2(B) shall be conducted in a

manner that will preserve the anonymity of the appellant. Except as set forth in

App.R. 11.2(B)(6) and (7), all papers and records that pertain to the appeal shall be

kept confidential.

(5) Judgment entry

The court shall enter judgment immediately after conclusion of oral argument or, if

oral argument is waived, within five days after the appeal is docketed.

(6) Release of records

The public is entitled to secure all of the following from the records pertaining to

appeals governed by App.R. 11.2(B):

(a) The docket number;

(b) The name of the judge;

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 appellant. 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 appellant, 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 appellant. Such finding shall

be a matter of public record. It is the obligation of the court to remove any and all

information in its opinion that would directly or indirectly disclose the identity of

the appellant.

(7) Notice and hearing before release of opinion

After an opinion is written and before it is available for release to the public, the

appellant must be notified and be given 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 the 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:

(a) Twenty-one days have passed since the date of the opinion and

appellant has not filed a motion;

(b) If appellant has filed a motion, after this court has ruled on the

motion.

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.

(8) Form 25-A

Upon request of the appellant or her attorney, the clerk shall verify on Form 25-A,

as provided in the Rules of Superintendence, 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.

(1) Applicability

Appeals from orders granting or denying adoption of a minor child or from orders

granting or denying termination of parental rights shall be given priority over all

cases except those governed by App.R. 11.2(B).

(2) Record

Preparation of the record, including the transcripts and exhibits necessary for

determination of the appeal, shall be given priority over the preparation and

transmission of the records in all cases other than those governed by App.R.

11.2(B).

(3) Briefs

Extensions of time for filing briefs shall not be granted except in the most unusual

circumstances and only for the most compelling reasons in the interest of justice.

(4) Oral argument

After briefs have been filed, the case shall be considered submitted for immediate

decision unless oral argument is requested or ordered. Any oral argument shall be

heard within thirty days after the briefs have been filed.

(5) Entry of judgment

The court shall enter judgment within thirty days of submission of the briefs, or of

the oral argument, whichever is later, unless compelling reasons in the interest of

justice require a longer time.

(D) Victim's rights appeals: interlocutory appeals

(1) Applicability

App.R. 11.2(D) shall only govern interlocutory appeals from decisions impacting

the rights of a victim pursuant to Article I, Section 10a of the Ohio Constitution or

the Revised Code. Such appeals shall be given priority over all cases except those

governed by App.R. 11.2(B) and 11.2(C). Such appeals divest the trial court of

jurisdiction of the portion of the case implicating the victim’s rights until the

interlocutory appeal is resolved by the appellate court.

(2) Record

Upon the filing of an interlocutory appeal, the trial court shall transmit those

portions of the record and transcript, if any, necessary for consideration of the

issues to be reviewed by the court of appeals within five business days.

(3) Briefs

Once the record is received by the court of appeals, the party that initiated the

appeal shall have eight days to file a merit brief. Once the merit brief is filed, the

appellee shall have eight days to file a response brief. Notwithstanding these limits,

the litigants, with the approval of the court, may stipulate to a different period of

time for the briefing.

(4) Entry of judgment

The court of appeals shall decide the entire interlocutory appeal not later than thirty-five days after the appeal is filed. The litigants, with the approval of the court of

appeals, may stipulate to a different period of time for the issuance of the decision

and judgment on the appeal.

(E) Prosecutorial appeals from suppression orders; appeals concerning dependent,

abused, neglected, unruly, or delinquent children

Prosecutorial appeals under Crim.R. 12(K) and Juv.R. 22(F) and appeals concerning a

dependent, abused, neglected, unruly, or delinquent child shall be expedited and given

calendar priority over all cases other than those governed by App.R. 11.2 (B), (C), and (D).

History

Effective Date: July 1, 2000 Amended: July 1, 2001; July 1, 2015; July 1, 2025 Staff Note (July 1, 2000 Amendment) Rule 11.2 Adoption and Parental Rights Appeals In 1997, the federal government enacted the Adoption and Safe Families Act that reduces the length of time to find permanent homes for children who have been removed from their birth parents. In March 1999, Am. Sub. H.B. 484 of the 122 nd General Assembly (Ohio’s Adoption and Safe Families Act) became effective. The legislation was intended to accelerate the judicial process of finding permanent homes for children removed from their birth parents. It did not address the delays inherent i n appeals of orders in that process. This new rule addresses appeals of orders granting or denying adoptions of minors and terminations of parental rights, and provides for these cases to have priority in the courts of appeals. Staff Note (July 1, 2001 Amendment) Appellate Rule 11.2 Expedited Appeals The amendment to App.R. 11.2 effective July 1, 2001 incorporated into one rule provisions for expedited appeals that previously had been in App.R. 7(C), App.R. 11.2, and Sup.R. 23(F) and 25. It provides that appeals in three categories of cases are to be expedited and given priority over all other civil, criminal, and administrative appeals. The first of the three categories includes cases concerning abortion- related appeals from juvenile courts. Sup.R. 23(F) and 25 address appeals of such cases. The s econd includes cases concerning adoption and termination of parental rights. App.R. 11.2 addressed appeals of such cases. The third includes cases concerning dependent, abused, neglected, unruly, or delinquent children. Prior to its amendment also effective July 1, 2001, App.R. 7(C) addressed appeals of such cases. To reflect the expanded scope of this rule, the title of the rule was changed from “Adoption and Parental Rights Appeals.” As amended, App.R. 11.2 also establishes a hierarchy among the three categories of cases. Abortion-related appeals from juvenile courts are to have the highest priority. Appeals of cases concerning adoption and termination of parental rights have priorit y over all cases except cases concerning abortion without parental consent. Appeals of cases concerning dependent, abused, neglected, unruly, or delinquent children are to have priority over all cases except cases concerning abortion without parental consent and cases concerning adoption and termination of parental rights. App.R. 11.2(B)(1) – (8) generally recite the language of Sup. R. 25(A) – (G) with two exceptions. The first exception is that the last sentence of App.R. 11.2(B)(3)(b) incorporates the last sentence of Sup.R. 23(F)(2). The second is that App.R. 11.2(B)(4) omits the last portion of Sup.R. 25(C), which states that papers and records in the appeal “are not public records under section 149.43 of the Revised Code.” Staff Note (July 1, 2015 Amendment) App.R. 11.2 lists various categories of expedited appeals that are entitled to priority over other appeals. The categories are amended to include prosecutorial appeals from suppression orders under Crim.R. 12(K) and Juv.R. 22(F), both of which provide for priority disposition. Staff Note (July 1, 2025, Amendment) App.R. 11.2(D) Victim's rights appeals: interlocutory appeals App.R. 11.2 lists various categories of expedited appeals that by law are entitled to priority over other appeals. The categories are enlarged to include interlocutory victim’s rights appeals under art. I, § 10a of the Ohio Constitution (commonly known as “Marsy’s Law”) and its enabling legislation. These appeals have priority over prosecutorial appeals from suppression orders.

Provenance

Source: supremecourt.ohio.gov
Retrieved: 2026-09-14
Edition: 2026-09-14
Content hash: 9652e1c8ffb0d80ac42979d8128ce32e0fb1a1594fbfd4d897617473a093f938

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