Login | November 24, 2017

RULES OF PRACTICE AND PROCEDURE

of the
COURT OF COMMON PLEAS
GENERAL DIVISION

of
SUMMIT COUNTY, OHIO


19. APPEALS TO COURT OF COMMON PLEAS FROM ADMINISTRATIVE AGENCIES

19.01 Scope of Rule

All appeals to the Common Pleas Court provided in R.C. 119.12 and R.C. Chapter 2506 from administrative agencies shall be governed by this Rule.

19.02 Notice

The Notice of Appeal filed with the officer, agency, commission, board or other entity whose final order is being appealed, together with a copy of the praecipe for the record of proceedings, shall be filed with the Court within the time prescribed by law for such appeal.

19.03 Time Table for Appeal

In all appeals where no additional evidence is required, the case shall be submitted to the Court on briefs on the following schedule;

(A) Appellant's Brief

Within thirty (30) days after the filing of the Record of Proceedings with the Clerk, the appellant shall file its assignments of error and brief;

(B) Appellee's Brief

Within thirty (30) days after the filing of the appellant's brief, the appellee shall file its brief and assignments of error, if any.

(C) Reply Brief

Within ten (10) days after the filing of appellee's brief, the appellant may file a reply brief.

(D) Extensions and Exceptions

For good cause shown, the Court may, upon motion, extend or otherwise modify the foregoing schedule. If the appellant fails to file its brief and assignments of error within the time provided, the Court may dismiss the appeal or otherwise dispose of the case as justice requires.

19.04 Additional Evidence

In all appeals where the submission of additional evidence is required or permitted by law, a motion to supplement the record shall be filed within fourteen (14) days after the filing of the record of proceedings, supported by affidavit requesting the submission of additional evidence and specifying the nature and type of additional evidence to be submitted and the reasons therefor. This section does not apply to unemployment compensation appeals, as RC 4141.282(H) provides that the only evidence the Court is permitted to review is the certified record provided by the Unemployment Compensation Review Commission.

The Court shall set such cases for conference in order to determine whether additional evidence is required, and to schedule a hearing, if necessary. After such conference or hearing, the Court shall set a schedule for the submission of briefs as provided in Rule 19.03.

19.05 Hearing

The Court may grant a hearing for oral arguments, if requested.

19.06 Exception

The above rules do not apply to appeals from the Industrial Commission, pursuant to R.C. 4123.512.

 

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