Part VI · General Provisions

Rule 25. Motion to certify a conflict

Amended July 1, 2025 (current) Contains Deadlines

(A) A motion to certify a conflict under Article IV, Section 3(B)(4) of the Ohio Constitution shall be made in writing no later than ten days after the clerk has both mailed to the parties the judgment or order of the court that creates a conflict with a judgment or order of another court of appeals and made note on the docket of the mailing, as required by App.R. 30(A). The filing of a motion to certify a conflict does not extend the time to appeal from the judgment of the court of appeals to the Ohio Supreme Court. A motion under this rule shall specify the issue proposed for certification and shall cite the judgment or judgments alleged to be in conflict with the judgment of the court in which the motion is filed.

(B) Parties opposing the motion shall answer in writing within ten days of service of the motion. The moving party may file a reply brief within seven days after service of the answer brief in opposition. Copies of the motion, answer brief in opposition, and reply brief shall be served as prescribed for the service and filing of briefs in the initial action. Oral argument of a motion to certify a conflict shall not be permitted except at the request of the court.

(C) The court of appeals shall rule upon a motion to certify within sixty days of its filing.