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Ohio S.Ct.Prac.R. 16.02

Appellant’s Brief

activein force · 2025-04-01 – presentact-effective-date

(A) Time to file

(1) In every appeal involving termination of parental rights or adoption of a minor

child, or both, or the setting or denial of bail, the appellant shall file a merit brief with the

Supreme Court within twenty days from the date the Clerk of the Supreme Court files the

record from the court of appeals.

(2) In every other appeal, the appellant shall file a merit brief within forty days from

the date the clerk files the record from the court of appeals or the administrative agency.

In any case, the appellant shall not file a merit brief prior to the filing of the record by the

clerk.

(3) Extension of time to file merit briefs are permitted in accordance with Rule 3.03(B).

(B) Contents

The appellant’s brief shall contain all of the following:

(1) A table of contents listing with references to the pages of the brief where

each of the following appears:

(a) The table of authorities cited;

(b) The statement of facts;

(c) The argument with numbered propositions of law;

(d) The appendix.

(2) A table of the authorities cited, listing the citations for all cases or other

authorities, arranged alphabetically; constitutional provisions; statutes; ordinances;

and administrative rules or regulations upon which appellant relies, with references

to the pages of the brief where each citation appears;

(3) A statement of the facts with page references, in parentheses, to supporting

portions of both the original transcript of testimony and any supplement filed in the

case pursuant to Rules 16.09 through 16.10;

(4) An argument, headed by the proposition of law that was accepted by the

Supreme Court and that could serve as a syllabus for the case if the appellant

prevails. If several propositions of law are presented, the argument shall be divided

with each proposition set forth as a subheading;

(5) An appendix, numbered separately from the body of the brief, containing

copies of all of the following:

(a) The judgment or order from which the appeal is taken;

(b) The opinion, if any, relating to the judgment or order being

appealed;

(c) All judgments, orders, and opinions rendered by any court or agency

in the case, if relevant to the issues on appeal;

(d) Any relevant rules or regulations of any department, board, commission,

or any other agency, upon which the appellant relies;

(e) Any constitutional provision, statute, or ordinance upon which the

appellant relies, to be construed, or otherwise involved in the case;

(f) In appeals from the Public Utilities Commission, the appellant’s

application for rehearing.

(C) Page limit

(1) Except in death-penalty appeals of right and in postconviction death-penalty

appeals, the appellant’s brief shall not exceed fifty numbered pages, exclusive of the table

of contents, the table of authorities cited, the certificate of service, the signature block, and

the appendix.

(2) In death-penalty appeals of right filed pursuant to Rule 5.01(A)(1), (2), (4), or (6)

and in postconviction death-penalty appeals filed pursuant to Rule 7, the appellant’s brief

has no page limitation.

History

Effective Date: June 1, 1994 Amended: April 1, 1996; April 1, 2000; June 1, 2000; July 1, 2004; January 1, 2008; January 1, 2010; January 1, 2013; June 1, 2017; March 1, 2019; January 1, 2023; April 1, 2025

Provenance

Source
supremecourt.ohio.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
2fd4b89e6b41a56626c58e8958999cbc6d6d1c93b9232fc66e0370b8ffec8bae
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Ohio S.Ct.Prac.R. 16.02 — Appellant’s Brief · binding.law