March 8, 2010
Supreme Court Seeks Public Comment on Timing of Notice of Appeal
The Supreme Court of Ohio will accept public comment until April 6 on a proposed amendment to the Rules of Practice that addresses when the clock starts ticking to file an appeal in the Supreme Court after a party seeks a full review by all members of an appeals court. Justices concurred 7-0 in publishing the amendments for public comment.
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. This division 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 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.”
View the proposed amendments. Comments on the amendments 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 justin.kudela@sc.ohio.gov.
Contact: Chris Davey or Bret Crow at 614.387.9250.