Ohio Supreme Court's proposed rule amendment on timing of notices of appeal

The Ohio Supreme Court this morning announced its holding public commentary on amendments to the state's Rules of Practice that address the tolling of time for filing an appeal in the Supreme Court after a party seeks a full review by all members of an appeals court.

The Court's announcement reported that "Division (A)(5) of S.Ct. Prac. R. 2.2 was proposed in response to an amendment to the Rules of Appellate Procedure that permits a party to file a motion for en banc review with a court of appeals, which will toll the time for filing an appeal to the Supreme Court until the appeals court rules on the en banc motion.

"The revised appellate rules provide a procedure for en banc consideration in courts of appeals when separate three-judge panels, within the same court of appeals, reach conflicting decisions on the same matter of law.

"The en banc provisions of the appellate procedure rules are a product of the Supreme Court's decision in McFadden v. Cleveland State Univ. The Court held there that 'if the judges of a court of appeals determine that two or more decisions of the court on which they sit are in conflict, they must convene en banc to resolve the conflict.'"

Public comments will be entertained until April 6 and should be submitted in writing to: Justin Kudela, Case Management Counsel, Supreme Court of Ohio, 65 S. Front St., Eighth Floor, Columbus, Ohio 43215 or at justin.kudela@sc.ohio.gov.

Proposed Amendment

[Note: Public comments on Rules of Appellate Procedure 14, 15, 25, 26 and 43 are also still open until tomorrow, March 9 ]