Ohio S.Ct.Prac.R. 16.05

(A) Requirements

In a case involving a cross-appeal, each of the parties shall be permitted to file two briefs,

and each brief shall conform to the requirements of Rule 16.02(B).

(B) First brief

(1) (a) 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/cross-appellee

shall file the first merit brief within twenty days from the date the clerk files the

record from the court of appeals.

(b) In every other appeal, the appellant/cross-appellee shall file the first merit

brief within forty days from the date the clerk files the record from the court of

appeals or the administrative agency.

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

appeals, the first brief shall not exceed fifty numbered pages, exclusive of the table

of contents, the table of authorities cited, the certificate of service, and the appendix.

(b) 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 first

brief has no page limitation.

(C) Second brief

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

minor child, or both, or the setting or denial of bail, the appellee/cross-appellant

shall file the second merit brief within twenty days after the filing of the first brief.

(b) In every other appeal, the appellee/cross-appellant shall file the second

merit brief within thirty days after the filing of the first brief. The second brief shall

be a combined brief containing both a response to the appellant/cross-appellee’s

brief and the propositions of law and arguments in support of the cross-appeal.

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

appeals, the second brief shall not exceed fifty numbered pages, exclusive of the

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

appendix.

(b) 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

second brief has no page limitation.

(D) Third brief

(1) (a) 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/cross-appellee

shall file the third merit brief within twenty days after the filing of the second brief.

(b) In every other appeal, the appellant/cross-appellee shall file the third merit

brief within thirty days after the filing of the second brief. If the appellant/cross-appellee elects to file a reply brief in that party’s appeal, the third brief shall be a

combined brief containing both a reply and a response to the arguments in the cross-appeal. Otherwise, the third brief shall include only a response in opposition to the

cross-appeal.

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

appeals, the third brief shall not exceed fifty numbered pages, exclusive of the table

of contents, the table of authorities cited, the certificate of service, and the appendix.

(b) 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 third

brief has no page limitation.

(E) Fourth brief

(1) The fourth brief may be filed by the appellee/cross-appellant only as a reply brief

in the cross-appeal.

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

minor child, or both, or the setting or denial of bail, if a fourth brief is filed, it shall

be filed within fifteen days after the filing of the third brief.

(b) In every other appeal, if a fourth brief is filed, it shall be filed within twenty

days after the filing of the third brief.

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

appeals, the fourth brief shall not exceed twenty numbered pages, exclusive of the

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

appendix.

(b) 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

fourth brief has no page limitation.