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• The Sixth Circuit’s goal of quality control By Tyler Cummin    Brief QC overview On June 2, 2025, the Sixth Circuit rolled out its newest service, Brief Quality Control, or Brief QC. Brief QC is designed to prevent non-compliance issues with appellate briefs before they are formally filed with the Sixth Circuit. It is an additional step in the traditional ECF filing procedures that flags certain compliance issues. The aim of Brief QC is to reduce the administrative burden placed on the Clerk’s Office and practitioners. As mentioned in the Brief... More
• A year in numbers: Decade highs and lows detailed in Ohio Supreme Court’s 2024 Annual Statistics Report By Abigail Goldman    The Ohio Supreme Court’s Office of the Clerk recently released the Court’s Annual Statistics Report for the 2024 calendar year. Keep reading for the most up-to-date information on Supreme Court case volumes and trends in operational efficiency that have helped streamline case timelines. Case clearance and acceptance rates for merit-based jurisdictional appeals in the Supreme Court fell in 2024 The calendar year 2024 marked a decline in the Ohio Supreme Court’s case clearance rate. As of Dec. 31, 2024, 1,718... More
• A pain worse than losing: Dismissal as improvidently accepted By Terry Posey    On April 16, 2025, the Ohio Supreme Court dismissed Crozier v. Pipe Creek Conservancy as improvidently accepted. Having a discretionary appeal dismissed as improvidently accepted means: You presented an issue of great general or public interest (or a constitutional question) worthy of the Supreme Court’s review; The Supreme Court accepted jurisdiction over your proposition of law; You and your opponents briefed the issue on the merits; You had the opportunity to participate in oral argument (and usually actually did so); and The Supreme... More
• Victory without a word: How to win your case at the Ohio Supreme Court without merit briefing or oral argument By Tony Graber    When the Ohio Supreme Court accepts a proposition of law for jurisdictional appeal, it typically requires litigants to file merit briefs and present oral arguments before the Court. But what if the Ohio Supreme Court and an intermediate appellate court issue conflicting rulings almost simultaneously? In rare instances, after issuing its ruling in an already submitted case, the Court may sua sponte accept your client’s jurisdictional appeal and render a judgment based on the precedent set in that... More
• Civil litigators: Ohio Supreme Court civil cases to watch By Brad Hughes    What is the Ohio Supreme Court up to these days on the civil side? With the first quarter of 2025 already in the rear-view mirror, it’s a great time to check out the Issues Accepted for Review page on the Ohio Supreme Court’s website.  If you’re a fan of the U.S. Supreme Court’s Iqbal and Twombly decisions, zoning appeals, Ohio’s cap on compensatory damages, or the so-called “sham affidavit” doctrine, then you’ll want to stay updated on some of the cases... More
• 2024 Ohio Supreme Court precedent in review By Tony Graber    Jury demand withdrawal Under Civ.R. 38(B), a party seeking a jury trial must serve a jury demand on the other party or parties not later than 14 days after the service of the last pleading directed to such issue. It has long been held by the Ohio Supreme Court that trial court local rules requiring a jury deposit to accompany the jury demand are a reasonable and moderate regulation of the right of trial by jury, and not an... More
• Does your judge need a nudge? Consider the Ohio Supreme Court’s recently launched Case Inquiry Form By Brad Hughes    Time may be of the essence, but the wheels of justice turn slowly The Ohio Supreme Court has recently focused on initiatives to enhance the timelier administration of justice. The Rules of Superintendence for the Courts of Ohio, for example, impose time limits for appellate and civil cases as indicated on the Supreme Court’s case-management reporting forms.  Those Rules also impose 120-day time limits for rulings on most motions and require judges to self-report decisions that have not been ruled... More
• The first checklist question: Is there a final appealable order? By Mac Kelly    On Aug. 7, 2024, the Ohio Supreme Court dismissed the appeal in Kyser v. Summit County Children Services (discretionary case number 2022-1419 and certified conflict case number 2023-0126) for lack of a final appealable order under R.C. 2506.01 on a 5-2 vote. The decision came after full rounds of substantive briefing in the trial court, intermediate appellate court, and the Supreme Court of Ohio. On the eve of oral argument before the Supreme Court of Ohio, the court requested briefing... More
• Doing the impossible: How to get an extension to file a memorandum in response to a memorandum in support of jurisdiction at the Ohio Supreme Court By Terry Posey    Discretionary appeals at the Ohio Supreme Court are under strict timing requirements pursuant to Supreme Court Rules of Practice 7.01(A). Absent an application for reconsideration or a motion for en banc review in the lower court, a notice of appeal and a memorandum in support of jurisdiction must be filed within 45 days of the judgment being appealed. Under Rule 7.02(E), the Clerk of the Supreme Court is under instructions not to file an untimely notice of appeal... More
• A new day for legal citation in Ohio By Brad Hughes    In early 2023, Chief Justice Sharon Kennedy of the Supreme Court of Ohio announced the Court’s intent to streamline the legal citation process in Ohio. In furtherance of that goal, the Court formed a new committee tasked with proposing changes to The Supreme Court of Ohio Writing Manual, a guide for formatting legal citations in state court. The Writing Manual Revision Committee’s proposed changes were adopted by the Court in Feb. 2024 and the new edition of the... More