WRITING MANUAL - Supreme Court - State of Ohio

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HOW TO USE CITATION OMITTED “Usually, evidence regarding the diminution in value is needed to determine the reasonableness of the restoration costs. Failure to present such evidence, however, is not necessarily fatal to a claim in tort for damages to real property.” (Citation omitted.) Krofta v. Stallard, 8th Dist. Cuyahoga No. 85369, 2005-Ohio-3720, 2005 WL 1707013, 26. NOTE: The original quoted material from Krofta cited a case after the first sentence, which the writer using this quote has deliberately chosen to omit. Thus, the parenthetical phrase “citation omitted” appears directly after the closing quotation marks. The use of this phrase obviates the need for an ellipsis inside the quotation. B. Attribution of a quotation within a quotation If there is a quotation within a quotation, the internal quotation must be attributed, either by quoting the citation provided in the original or by adding the citation after the primary citation, following the word “quoting” (not “citing”). Do not omit internal quotation marks. It is not acceptable to use the parenthetical explanation “citations omitted” or “internal quotation marks and citations omitted” to excuse the omission of a citation for a quotation within a quotation. If a quotation is cluttered with pointless internal quotations, paraphrase it instead of quoting it. HOW TO ATTRIBUTE AN INTERNAL QUOTATION A notice of appeal “ ‘must explicitly and precisely recite the errors contained in the tax commissioner’s final determination.’ ” Newman v. Levin, 120 Ohio St.3d 127, 2008-Ohio-5202, 896 N.E.2d 995, 27, quoting Cousino Constr. Co. v. Wilkins, 108 Ohio St.3d 90, 2006-Ohio- 162, 840 N.E.2d 1065, 41. 6.4. Explanatory Case History. A. Style Explanatory terms such as overruled, aff’d, rev’d, rev’d on other grounds, overruled in part on other grounds, appeal dismissed, or vacated on other grounds are italicized and abbreviated as shown, followed by commas. The Supreme Court of Ohio 70 Writing Manual
B. History affecting precedential value Always indicate any reversal, vacation, or overruling, even if that subsequent action is based on other grounds. Do not include any further history of a case unless it affects the case’s precedential value. Cert. denied is an example of subsequent history that has no effect on the authoritativeness of a case and is therefore not used, except for a very recent case. HOW TO ADD AN EXPLANATORY CASE HISTORY State v. Veney, 120 Ohio St.3d 176, 2008-Ohio-5200, 897 N.E.2d 621, cert. denied, ___ U.S. ___, 129 S.Ct. 2824, ___ L.Ed.2d ___ (2009). Morway v. Durkin, 181 Ohio App.3d 195, 2009-Ohio-932, 908 N.E.2d 510 (7th Dist.), appeal not accepted, 122 Ohio St.3d 1478, 2009-Ohio- 3625, 859 N.E.2d 559. NOTE: Cert. denied and appeal not accepted are useful in these two examples, in which the case is recent. Otherwise, when the time for reversal has obviously passed, do not record the denial of an appeal in a history line. State v. Lockett, 49 Ohio St.2d 48, 65, 358 N.E.2d 1062 (1976), rev’d on other grounds, sub nom. Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978). Hwy. Truck Drivers & Helpers Local 107 v. Cohen, 284 F.2d 162 (3d Cir.1960), aff’g 182 F.Supp. 608 (E.D.Pa.1960). But see United States v. Hoffa, E.D.Tenn. No. 11989 (May 2, 1964), conviction and overruling of first motion for new trial aff’d, 349 F.2d 20 (6th Cir.1965), aff’d, 385 U.S. 293, 87 S.Ct. 408, 17 L.Ed.2d 374 (1966), second motion for new trial denied, 247 F.Supp. 692 (E.D.Tenn.1965), aff’d, 376 F.2d 1020 (6th Cir.1967), third motion for new trial denied, 247 F.Supp. 692, 698 (E.D.Tenn.1965), aff’d, 382 F.2d 856 (6th Cir.1967), fourth motion for new trial denied, 268 F.Supp. 732 (E.D.Tenn.1967), aff’d, 398 F.2d 291 (6th Cir.1968), remanded sub nom. Giordano v. United States, 394 U.S. 310, 89 S.Ct. 1163, 22 L.Ed.2d 297 (1969), fifth motion for new trial denied, 307 F.Supp. 112 (E.D.Tenn.1970). NOTE: A history line this detailed is rarely necessary or helpful. The Supreme Court of Ohio 71 Writing Manual
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SECTION FOURTEEN: THE CASE CAPTION
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HOW TO CITE SUPREME COURT OF OHIO C
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OHIO APPELLATE DISTRICTS MAP The Su
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HOW TO CITE OHIO COURTS OF APPEALS
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In citations of trial court opinion
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c. Non-print published cases with n
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c. Non-print published cases with n
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OUTLINE OF A JUDICIAL OPINION (CONT
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Example 1—Civil Case, Single Issu
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Conclusion { 10} Because XYZ has de
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II. The Incident and Its Aftermath
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officer was engaged in his official
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Example 3—Civil Case, Multiple Is
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her for over four hours, appellants
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{ 20} Appellants cite similar cases
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een available when Jane became agit
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Defense Strategies, 000 Trial Tacti
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HOW TO WRITE GENERAL DISPOSITIONS (
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this matter. I believe that Cicco w
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D Dates in text, 91 Dictionaries, 5
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S Sample judicial opinions, 131-148
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WRITING MANUAL - Supreme Court - State of Ohio

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