Rule 11.2 Expedited Appeals

(A) Applicability Appeals in actions described in this rule shall be expedited and given calendar priority over all other cases, including criminal and administrative appeals. The Ohio Rules of Appellate Procedure shall apply with the modifications or exceptions set forth in this rule.

(B) Abortion-related appeals from juvenile courts

(1) Applicability App.R. 11.2(B) shall govern appeals pursuant to sections 2151.85, 2505.073, and 2919.121 of the Revised Code.

(2) General rule of expedition If an appellant files her notice of appeal on the same day as the dismissal of her complaint or petition by the juvenile court, the entire court process, including the juvenile court hearing, appeal, and decision, shall be completed in sixteen calendar days from the time the original complaint or petition was filed.

(3) Processing appeal

(a) Immediately after the notice of appeal has been filed by the appellant, the clerk of the juvenile court shall notify the court of appeals. Within four days after the notice of appeal is filed in juvenile court, the clerk of the juvenile court shall deliver a copy of the notice of appeal and the record, except page two of the complaint or petition, to the clerk of the court of appeals who immediately shall place the appeal on the docket of the court of appeals.

(b) Record of all testimony and other oral proceedings in actions pursuant to sections 2151.85 or 2919.121 of the Revised Code may be made by audio recording. If the testimony is on audio tape and a transcript cannot be prepared timely, the court of appeals shall accept the audio tape as the transcript in this case without prior transcription. The juvenile court shall ensure that the court of appeals has the necessary equipment to listen to the audio tape.

(c) The appellant under division (B) of this rule shall file her brief within four days after the appeal is docketed. Unless waived, the oral argument shall be within five days after docketing. Oral arguments must be closed to the public and exclude all persons except the appellant, her attorney, her guardian ad litem, and essential court personnel.

(d) Under division (B) of this rule, “days” means calendar days and includes any intervening Saturday, Sunday, or legal holiday. To provide full effect to the expedition provision of the statute, if the last day on which a judgment is required to be entered falls on a Saturday, Sunday, or legal holiday, the computation of days shall not be extended and judgment shall be made either on the last business day before the Saturday, Sunday, or legal holiday, or on the Saturday, Sunday, or legal holiday.

(4) Confidentiality All proceedings in appeals governed by App.R. 11.2(B) shall be conducted in a manner that will preserve the anonymity of the appellant. Except as set forth in App.R. 11.2(B)(6) and (7), all papers and records that pertain to the appeal shall be kept confidential.

(5) Judgment entry The court shall enter judgment immediately after conclusion of oral argument or, if oral argument is waived, within five days after the appeal is docketed.

(6) Release of records The public is entitled to secure all of the following from the records pertaining to appeals governed by App.R. 11.2(B):

(a) The docket number;

(b) The name of the judge;

(c) The judgment entry and, if appropriate, a properly redacted opinion.

Opinions shall set forth the reasoning in support of the decision in a way that does not directly or indirectly compromise the anonymity of the appellant. Opinions written in compliance with this requirement shall be considered public records available upon request. If, in the judgment of the court, it is impossible to release an opinion without compromising the anonymity of the appellant, the entry that journalizes the outcome of the case shall include a specific finding that no opinion can be written without disclosing the identity of the appellant. Such finding shall be a matter of public record. It is the obligation of the court to remove any and all information in its opinion that would directly or indirectly disclose the identity of the appellant.

(7) Notice and hearing before release of opinion After an opinion is written and before it is available for release to the public, the appellant must be notified and be given the option to appear and argue at a hearing if she believes the opinion may disclose her identity. Notice may be provided by including the following language in the opinion: If appellant believes that this opinion may disclose her identity, appellant has the right to appear and argue at a hearing before this court. Appellant may perfect this right to a hearing by filing a motion for a hearing within fourteen days of the date of this opinion.

The clerk is instructed that this opinion is not to be made available for release until either of the following:

(a) Twenty-one days have passed since the date of the opinion and appellant has not filed a motion;

(b) If appellant has filed a motion, after this court has ruled on the motion.

Notice shall be provided by mailing a copy of the opinion to the attorney for the appellant or, if she is not represented, to the address provided by appellant for receipt of notice.

(8) Form 25-A Upon request of the appellant or her attorney, the clerk shall verify on Form 25-A, as provided in the Rules of Superintendence, the date the appeal was docketed and whether a judgment has been entered within five days of that date. The completed form shall include the case number from the juvenile court and the court of appeals, and shall be filed and included as part of the record. A date-stamped copy shall be provided to the appellant or her attorney.

(C) Adoption and parental rights appeals

(1) Applicability Appeals from orders granting or denying adoption of a minor child or from orders granting or denying termination of parental rights shall be given priority over all cases except those governed by App.R. 11.2(B).

(2) Record Preparation of the record, including the transcripts and exhibits necessary for determination of the appeal, shall be given priority over the preparation and transmission of the records in all cases other than those governed by App.R. 11.2(B).

(3) Briefs Extensions of time for filing briefs shall not be granted except in the most unusual circumstances and only for the most compelling reasons in the interest of justice.

(4) Oral argument After briefs have been filed, the case shall be considered submitted for immediate decision unless oral argument is requested or ordered. Any oral argument shall be heard within thirty days after the briefs have been filed.

(5) Entry of judgment The court shall enter judgment within thirty days of submission of the briefs, or of the oral argument, whichever is later, unless compelling reasons in the interest of justice require a longer time.

(D) Victim's rights appeals: interlocutory appeals

(1) Applicability App.R. 11.2(D) shall only govern interlocutory appeals from decisions impacting the rights of a victim pursuant to Article I, Section 10a of the Ohio Constitution or the Revised Code. Such appeals shall be given priority over all cases except those governed by App.R. 11.2(B) and 11.2(C). Such appeals divest the trial court of jurisdiction of the portion of the case implicating the victim’s rights until the interlocutory appeal is resolved by the appellate court.

(2) Record Upon the filing of an interlocutory appeal, the trial court shall transmit those portions of the record and transcript, if any, necessary for consideration of the issues to be reviewed by the court of appeals within five business days.

(3) Briefs Once the record is received by the court of appeals, the party that initiated the appeal shall have eight days to file a merit brief. Once the merit brief is filed, the appellee shall have eight days to file a response brief. Notwithstanding these limits, the litigants, with the approval of the court, may stipulate to a different period of time for the briefing.

(4) Entry of judgment The court of appeals shall decide the entire interlocutory appeal not later than thirty- five days after the appeal is filed. The litigants, with the approval of the court of appeals, may stipulate to a different period of time for the issuance of the decision and judgment on the appeal.

(E) Prosecutorial appeals from suppression orders; appeals concerning dependent, abused, neglected, unruly, or delinquent children Prosecutorial appeals under Crim.R. 12(K) and Juv.R. 22(F) and appeals concerning a dependent, abused, neglected, unruly, or delinquent child shall be expedited and given calendar priority over all cases other than those governed by App.R. 11.2 (B), (C), and (D).