Login | December 21, 2024
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.