Ohio R. Prac. S. Ct. 8.01

As amended through October 15, 2024

Rule 8.01 - Institution of a Certified-Conflict Case

(A) General

When a court of appeals issues an order certifying a conflict pursuant to Article IV, Section 3(B)(4) of the Ohio Constitution, any interested party to the proceeding may institute a certified-conflict case by filing a notice of certified conflict in the Supreme Court.

(B) Procedure

The notice of certified conflict shall have attached or be accompanied by all of the following:

(1) A date-stamped copy of the court of appeals order certifying a conflict;

(2) A copy of the certifying court's opinion;

(3) Copies of the conflicting court of appeals' opinions.

(C) Party status

The party who files the order certifying a conflict shall be considered the appellant.

(D) Jurisdiction and refusal to file

Failure to file the court of appeals order certifying a conflict within thirty days after the date of such order shall divest the Supreme Court of jurisdiction to consider the order certifying a conflict. The Clerk of the Supreme Court shall refuse to file a notice of certified conflict that is received for filing after this time period has passed.

Ohio. R. Prac. S. Ct. 8.01

Effective Date:6/1/1994

Amended: 4/1/1996; 4/1/2000; 6/1/2000; 7/1/2004;1/1/2008; 1/1/2010; 1/1/2013; 1/1/2015; 1/1/2017.