Ohio Loc. App. R. 26

As amended through October 29, 2024
Rule 26 - En Banc Consideration
(A)Scope of Review. This court shall consider an appeal en banc in accordance with App.R. 26(A)(2) and the procedures set forth in this rule. En banc consideration is not favored.
(B)Application For En Banc Consideration. App.R. 26(A)(2) governs parties' applications for en banc consideration. The parties must strictly comply with the time limits of the appellate rule for filing an application, an opposing brief, or a reply brief. The application and opposing brief shall not exceed ten pages. The reply brief shall not exceed five pages. The parties shall electronically file an application, opposing brief, or reply brief in accordance with Loc.App.R. 13.1.
(1) Contents of the Application for En Banc Consideration.
(a) An application for en banc consideration shall include a concise one-paragraph statement of the dispositive point of law upon which the applicant asserts that the panel's decision conflicts with a prior panel's decision of this court.
(b) The application must specifically identify the paragraph(s) of the panel opinion at issue and the paragraph(s) of the prior panel's opinion that conflict on a point of law and explain why en banc is necessary to secure and maintain uniformity of this court's decisions.
(2) Parties seeking both reconsideration and en banc application must file a combined application in a single document that does not exceed ten pages.
(3) The administrative judge may summarily dismiss any application for en banc consideration that does not comply with the requirements of App.R. 26(A)(2) and this local rule.
(C)Procedure.
(1) The court will only accept a case for en banc resolution upon an application of the parties or sua sponte following the journalization and release of a conflicting decision.
(2) When a majority of the en banc court votes to accept a case for en banc resolution, the administrative judge will issue an order indicating the same.
(3) Within 10 days of an order designating a case for sua sponte en banc resolution, any party may file a brief not to exceed five pages addressing the resolution of the conflict.
(4) After a case has been accepted for en banc review, any party may request a remote oral argument via videoconferencing to address the resolution of the conflict, however, oral argument will only be granted at the court's discretion.

Ohio. Loc. App. R. 26

Adopted eff. 7/20/2010; amended eff. 2/15/2011; 2/1/2019; amended eff. 12/28/2020; amended eff 2/1/2024.