(A)Oral Argument Procedure. A case will only be set for oral argument if a party requests it. A party may request oral argument by including the words "ORAL ARGUMENT REQUESTED" prominently on the cover page of the appellant or appellee's initial brief or the appellant's reply brief and by designating their preferred forum (i.e., "IN PERSON ORAL ARGUMENT REQUESTED" or "REMOTE ORAL ARGUMENT REQUESTED"). If any party requests oral argument, the case will be scheduled for oral argument for all parties in person unless the requirements for remote oral argument have been complied with per section (E) below.(1) The court shall notify each counsel (or party if not represented by counsel) of the time and place of oral argument and manner (in person or remote) through the court's electronic transmission facilities (or by postcard if the party is not represented by counsel and not utilizing e-filing system). Notice of the court's oral argument schedule will be published in the Daily Legal News and posted on the court's website under Court Calendar at https://appeals.cuyahogacounty.gov/.(2) If no party to an appeal requests oral argument, the court will submit the case to a panel for decision and the parties will be notified of the date on which the case is submitted.(3) The court may, sua sponte, schedule a case for oral argument at which all persons otherwise permitted to argue shall appear and present oral argument. The court may limit oral argument to specific issues.(B)Time Allowed for Argument. Each side will be allowed 15 minutes for oral argument, including appellant's requested rebuttal time (if any), but may move to expand the time for good cause. This request must be filed by separate motion at the time the party's brief is filed. If there is more than one appellant or appellee, they must divide the 15 minutes absent an order granting additional time.(C)Waiver of Argument. After an oral argument has been requested by a party or scheduled by the court, any party wishing to waive the argument shall file a motion to waive oral argument. This motion will not automatically result in cancellation of the scheduled argument. Oral argument will take place at the scheduled date and time unless the court grants the motion to waive. (1)Motion to Waive Oral Argument. A party may file a motion to waive oral argument no less than ten calendar days before the date scheduled for argument. If a non-moving party wishes to be heard at argument despite the opposing party's motion to waive, the argument will proceed with the non-moving party arguing to the court alone unless the non-moving party files a motion to also waive argument within five calendar days of the moving party's motion to waive argument. (2)Untimely Motions. A motion to waive filed less than ten calendar days before oral argument may only be granted by unanimous consent of the assigned merit panel.(D)Postponing or Advancing Argument.(1)Procedure. Counsel who anticipate being unavailable for oral argument in a pending appeal at any time after briefing is completed but before argument is scheduled must advise the Assignment Commissioner of their unavailability in writing. The notice shall be in letter format, addressed to the Assignment Commissioner, Ohio Court of Appeals, Eighth Appellate District, 1 West Lakeside Avenue, Room 202, Cleveland, Ohio 44113, and shall include the case caption, the appellate case number, and the dates on which counsel anticipates being unavailable for oral argument. The letter may be delivered to the Assignment Commissioner by U.S. Mail, personal delivery, or via email to assign@8thappeals.com.(2)Cases Scheduled for Argument. Once oral argument has been scheduled and notice has been provided, a case will not be advanced or postponed on motion of a party except for good cause shown. Any motion to advance or postpone an oral argument, or a motion objecting to same, should indicate the movant's as well as the nonmovant's preferred forum - via remote technology or in person. Notwithstanding a party's preference, the court, in its discretion, may reschedule the oral argument via videoconferencing per Loc.App.R. 21(E)(1).(E)Remote Oral Argument Forum.(1) In its discretion, the court reserves the right to hold oral arguments remotely via videoconferencing or telephonically.(2) If both parties request remote oral argument on the cover page of their briefs, oral argument will be held by remote technology. If only one party requests remote oral argument and no other preferred forum is requested by a party, oral argument will be held by remote technology. If parties disagree as to the preferred forum, the party requesting remote oral argument must file a motion no later than 10 days after the reply brief is filed and set forth reasons for remote argument in lieu of in-person oral argument. The selection of the forum will be determined by the merit panel.(3) Absent an emergency, the court will not consider untimely motions for remote argument. The court will make every effort to accommodate any COVID-related or other health concerns, assuming the court receives notification as soon as possible but, absent an emergency, not less than 14 days before the hearing.(4) When a self-represented litigant is imprisoned and timely complies with paragraph (A) above, the court will schedule the oral argument to be held by remote technology. All litigants shall appear in the same remote format as self-represented imprisoned litigants (i.e., by videoconferencing or telephonically). A self-represented litigant who is imprisoned may move to waive the oral argument in compliance with paragraph (C) of this rule. Failure of the self-represented litigant to appear at the scheduled oral argument will result in the matter being submitted on the briefs unless the court orders otherwise.(F)Precedence of Oral Argument. If counsel of record on an appeal has an assignment, including but not limited to pretrial or trial proceedings, before any municipal court or court of common pleas that conflicts with an oral argument scheduled before the Eighth District Court of Appeals, the oral argument assignment before the Eighth District Court of Appeals takes precedence.Adopted eff. 2/1/1999; amended eff. 7/1/1999; 12/11/2013; 7/30/2014; 2/1/2019; amended eff. 12/28/2020; amended eff. 3/1/2022; amended eff. 11/1/2023; amended eff. 7/1/2024.