The First District Court of Appeals has approved for public comment amendments to the Court’s Local Rules. The proposed amendments can be viewed by clicking here. The Court invites public comment on these proposed changes.
In these proposed changes, the Court has added the following new rules:
- R. 22 Media Coverage of Court Proceedings
- R. 23 Sanctions and Vexatious Litigator
- R. 26 Applications for En Banc Consideration
Additionally, the Court has proposed changes to the following rules:
- R. 3.1(A)(1)(a)(iii), (B), (C), (D)
- R. 3.2(E)
- R. 3.3
- R. 4.2(C)
- R. 9(B)
- R. 11.1(A)
- R. 13.2(B)(1)(g), (B)(4)
- R. 14(A), (B), (D), (E)
- R. 15
- R. 16.1(A)(7) and (D)
- R. 19(A)(7)
- R. 20.2 (B)
- R. 21(E)
- R. 33(B)
Summary of Changes:
The First District has proposed the addition of three new local rules. Local Rule 22 outlines the process by which media may request permission to broadcast, televise, photograph or otherwise record court proceedings. In conjunction with the proposed rule, a new form will also be added to the appendix of forms. Local Rule 23 outlines the procedure by which the Court may impose sanctions or find a party to be a vexatious litigator with respect to filings in the First District Court of Appeals. The final new proposed rule, Local Rule 26, outlines the procedure by which the First District will consider applications for en banc consideration.
In addition to these new rules, the Court also proposes a number of modifications to the existing local rules. Some of the proposed changes aim to provide clarity or additional direction as to certain procedures. For instance, the modifications to Local Rule 3.1 are intended to provide clarity as to the appropriate caption of the appellate case, where amended notices of appeal and docket statements are to be filed, and who should be served with these filings. Additionally, the proposed changes to Local Rule 3.3 make clear that pending motions do not suspend the scheduling order, absent further order of the Court. The proposed changes to Local Rule 9(B) are designed to clarify under what circumstances the appellant must notify the Court, via the docket statement, of the requested preparation of transcripts of proceedings. The Court also proposes changes to Local Rule 14 to provide clarity as to the information that must be included in a notice of automatic extension.
The proposed rule changes also seek to adopt new procedures for certain filings in the First District. For instance, Local Rule 3.2(D) addresses the procedure by which attorneys may withdraw from cases, Local Rule 15 addresses motions filed before the Court, Local Rule 20.2 addresses mediation stays, Local Rule 21(E) modifies the information to be included in a request for remote arguments, and Local Rule 33(B) provides discretion for the Court to set an evidentiary hearing in an original action before the Court.
The proposed changes to the local rules also modify procedures to address requirements under Marsy’s Law. Specifically Local Rule 4.2 addresses victim notification and responsive filings related to motions for bail and stay of execution of a criminal sentence. Further, Local Rule 13.2 addresses the redaction of certain victim information.
Key to Adopted Amendments:
- Unaltered language appears in regular type. Example: text
- Language that has been deleted appears in strikethrough. Example: text
- New language that has been added appears in underline. Example: text
The public comment period opens on November 21, 2023 and closes at 12:00 P.M. on December 21, 2023. Comments can be sent to COA@firstdistrictcoa.org with the subject line, “Comments to rules changes.” Comments may also be sent to the Court via regular mail to 230 E. Ninth St, Suite 1200, Cincinnati, OH 45202.
