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advice. The materials are
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not reflect the most current legal
developments, verdicts, or
settlements. As a result, do not act
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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;
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timeliness of those sites, nor do I
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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 reject a brief without trying to
address 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 workloads
have increased. Another exception is the court clerk, who will be
stricter about the little things and may refuse to 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. 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 cutting and pasting the cited authorities into
the table.
Ohio Appellate Brief
Typically, oral argument is listed as another stage of the appellate
process, but I think lawyers place too much emphasis on it, that it should
be viewed as merely an extension of the briefs. I've seen too many
lawyers foolishly rely 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. And most appellate judges, due to their heavy workloads, don't
have time to draft their own opinions. They usually tell their clerk a bit
about the case, give the clerk a tentative "affirm" or "deny," and let the
clerk try to draft an opinion accordingly. The clerk then spends the time
digging into the briefs and the record in an effort to draft an opinion. If
the clerk can't make it work, then the clerk will try to persuade the judge
to go a different direction. So the clerks are another important target of
your briefs and can be a valuable ally within the chambers. And clerks
don't usually watch oral argument.
Judges often use oral argument to get a feel for what you really think is
important or 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 tentative 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 reject a brief without trying to
address 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 workloads
have increased. Another exception is the court clerk, who will be
stricter about the little things and may refuse to 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. 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 cutting and pasting the cited authorities into
the table.
Ohio Appellate Brief
Typically, oral argument is listed as another stage of the appellate
process, but I think lawyers place too much emphasis on it, that it should
be viewed as merely an extension of the briefs. I've seen too many
lawyers foolishly rely 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. And most appellate judges, due to their heavy workloads, don't
have time to draft their own opinions. They usually tell their clerk a bit
about the case, give the clerk a tentative "affirm" or "deny," and let the
clerk try to draft an opinion accordingly. The clerk then spends the time
digging into the briefs and the record in an effort to draft an opinion. If
the clerk can't make it work, then the clerk will try to persuade the judge
to go a different direction. So the clerks are another important target of
your briefs and can be a valuable ally within the chambers. And clerks
don't usually watch oral argument.
Judges often use oral argument to get a feel for what you really think is
important or 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 tentative decision.
| WILLIAM T. CRAMER ATTORNEY AT LAW |
470 Olde Worthington Road Suite 200 Westerville, Ohio 43082 ph 614-410-6746 cell 614-353-5593 fax 614-453-8283 wtcesq@cramerlawoffice.com |