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DISCLAIMER: The materials on this
Web site have been prepared and
published for informational purposes
only and do not constitute legal
advice. The materials are
presented without any
representation or warranty
whatsoever, including as to
accuracy or completeness, and may
not reflect the most current legal
developments, verdicts, or
settlements. As a result, do not act
or rely on these materials without
seeking professional legal advice.
Any links to other Web sites are
provided merely as a convenience.
The linked Web sites are operated
and maintained by third-parties;
therefore, I do not take responsibility
for the content, accuracy, or
timeliness of those sites, nor do I
endorse those sites or any products
they may advertise or make
available. This Web site does not
incorporate materials that appear on
those sites by reference.
A lawyer-client relationship is not
established merely by accessing this
Web site or contacting me by
telephone or email. If you wish to
hire me after an initial consultation, I
will provide a written agreement
describing the services that I will
provide and the fee I will charge.
Until both of us have signed such an
agreement, you are responsible for
your own legal affairs.
I cannot guarantee that information
sent by email or left in a voice mail
will remain confidential. As a result,
do not provide sensitive information
in an email or telephone message.
Instead, simply provide your contact
information and a brief, generic
description of the services you seek,
and I will get back to you as soon as
possible.
Web site have been prepared and
published for informational purposes
only and do not constitute legal
advice. The materials are
presented without any
representation or warranty
whatsoever, including as to
accuracy or completeness, and may
not reflect the most current legal
developments, verdicts, or
settlements. As a result, do not act
or rely on these materials without
seeking professional legal advice.
Any links to other Web sites are
provided merely as a convenience.
The linked Web sites are operated
and maintained by third-parties;
therefore, I do not take responsibility
for the content, accuracy, or
timeliness of those sites, nor do I
endorse those sites or any products
they may advertise or make
available. This Web site does not
incorporate materials that appear on
those sites by reference.
A lawyer-client relationship is not
established merely by accessing this
Web site or contacting me by
telephone or email. If you wish to
hire me after an initial consultation, I
will provide a written agreement
describing the services that I will
provide and the fee I will charge.
Until both of us have signed such an
agreement, you are responsible for
your own legal affairs.
I cannot guarantee that information
sent by email or left in a voice mail
will remain confidential. As a result,
do not provide sensitive information
in an email or telephone message.
Instead, simply provide your contact
information and a brief, generic
description of the services you seek,
and I will get back to you as soon as
possible.
Step 3: The Briefs
This is where the rubber meets the road, where battle is joined, where
[insert your favorite cliché]. At this point, the procedures mostly fade
away and substance takes over. The appellate rules specify what you
need in terms of table of contents, font size, margins, etc., and each
district adds its own gloss. But the bottom line is that this is where you
make your substantive arguments. I’ve seen judges laugh at sloppy
briefs, but I’ve rarely seen them actually throw one out without at least
trying to consider the merits. Once the appeal gets this far, the
appellate courts just want to hear your argument, not quibble over font
size or whether your table of contents is complete. One exception is the
length of the brief, which judges have been zealous about enforcing as
work loads have increased. Another exception is the court clerk, who
will often be strict about the little things and may not even file the brief if
it doesn't conform to the rules.
The following is a checklist of formalities required by the Ohio appellate
rules and the local rules:
Ohio Appellate Brief Checklist
Additionally, the following is a Word template that I use for my appellate
briefs. It is intended to conform to the Tenth District (Franklin County)
local rules, but could be easily adapted to fit other districts. The table of
contents is automated, but I decided not to use the automated table of
authorities function because it seemed more cumbersome then simply
waiting until the brief was done and cutting and pasting the cited
authorities and page numbers into the table.
Ohio Appellate Brief
One thing to highlight at this stage of the process is that you better
make your briefs good. Don’t count on oral argument to carry the day.
If your briefs haven’t persuaded the judges, then your golden voice ain’t
gonna do the trick. I don’t even list oral argument as a separate step in
the appellate process because I consider it to be merely an extension
of the briefs, a chance to expand on or emphasize your arguments.
Oral argument is actually most useful for the judges, who can get a feel
for what you really think is important and often use it to get you to
concede weaker points. Additionally, during a CLE presentation,
Judges from the Tenth District (Franklin County) advised that they
usually confer and tentatively decide a case immediately after oral
argument. The Ninth District (Lorain, Medina, Wayne, Summit) had the
same procedure when I worked there. I imagine most courts operate
that way. As a result, oral argument is your last opportunity to remind
the judges of your best arguments just before they make a decision.
This is where the rubber meets the road, where battle is joined, where
[insert your favorite cliché]. At this point, the procedures mostly fade
away and substance takes over. The appellate rules specify what you
need in terms of table of contents, font size, margins, etc., and each
district adds its own gloss. But the bottom line is that this is where you
make your substantive arguments. I’ve seen judges laugh at sloppy
briefs, but I’ve rarely seen them actually throw one out without at least
trying to consider the merits. Once the appeal gets this far, the
appellate courts just want to hear your argument, not quibble over font
size or whether your table of contents is complete. One exception is the
length of the brief, which judges have been zealous about enforcing as
work loads have increased. Another exception is the court clerk, who
will often be strict about the little things and may not even file the brief if
it doesn't conform to the rules.
The following is a checklist of formalities required by the Ohio appellate
rules and the local rules:
Ohio Appellate Brief Checklist
Additionally, the following is a Word template that I use for my appellate
briefs. It is intended to conform to the Tenth District (Franklin County)
local rules, but could be easily adapted to fit other districts. The table of
contents is automated, but I decided not to use the automated table of
authorities function because it seemed more cumbersome then simply
waiting until the brief was done and cutting and pasting the cited
authorities and page numbers into the table.
Ohio Appellate Brief
One thing to highlight at this stage of the process is that you better
make your briefs good. Don’t count on oral argument to carry the day.
If your briefs haven’t persuaded the judges, then your golden voice ain’t
gonna do the trick. I don’t even list oral argument as a separate step in
the appellate process because I consider it to be merely an extension
of the briefs, a chance to expand on or emphasize your arguments.
Oral argument is actually most useful for the judges, who can get a feel
for what you really think is important and often use it to get you to
concede weaker points. Additionally, during a CLE presentation,
Judges from the Tenth District (Franklin County) advised that they
usually confer and tentatively decide a case immediately after oral
argument. The Ninth District (Lorain, Medina, Wayne, Summit) had the
same procedure when I worked there. I imagine most courts operate
that way. As a result, oral argument is your last opportunity to remind
the judges of your best arguments just before they make a decision.
| William T. Cramer Attorney at Law |
470 Olde Worthington Road Suite 200 Westerville, Ohio 43082 ph 614-353-5593 fax 614-453-8283 wtcesq@cramerlawoffice.com |