Frequently Asked Questions
A Notice of Appeal should be filed within 30 days of the date of the judgment being appealed. A civil or criminal Docket Statement should be filed with the Notice of Appeal.
Yes. Count all days unless the final day on which the document is due falls on a holiday or weekend-then the due date falls on the next business day. [App .R. 14(A)]
The Notice of Appeal is filed in the trial court. This means that the heading (the words at the very top) of the Notice of Appeal should read the “In the Court of Common Pleas, Domestic Relations Court, Juvenile Court, Probate Court, or Municipal Court.”
**The Appellate Division of the Clerk’s Office located on the 12th floor of 230 East Ninth Street will accept Notices of Appeal from:
- Common Pleas: Criminal or Civil
- Domestic Relations
**The Appellate Division of the Clerk’s Office will not accept Notices of Appeal from:
- Municipal-Civil or Criminal
You must go to the clerk for those courts.
The Appellate and Local Rules [App. R. 3(G) and Loc. R. 3.2] require that the Docket Statement be filed when the Notice of Appeal is filed. Usually, however, you have about a week before an Order to Show Cause (giving you 7 days to file the Docket Statement) is sent out.
If the appellant does not file a Docket Statement with the Notice of Appeal the Court will issue an Order to Show Cause warning the appellant that unless a Docket Statement is filed within 7 days, the appeal will be dismissed. [Loc.R.13.2(C)]
A Scheduling Order is a document that sets the dates that the record and briefs are due to be filed with the Court. It is generally sent to the parties within 2 weeks of the Notice of Appeal and Docket Statement being filed by the appellant. (Loc.R. 3.3)
If your case is on the Accelerated Calendar – 15 pages with no reply brief. [Loc.R. 11.1.1(D) and 19.1(A)(2)]
If your case is on the Regular Calendar – 35 Pages and the Appellant can file up to 10 pages in a reply brief. [App. R. 19 and Loc. R. 19.1(A)(1)]
12 point. [App. R. 19(A)]
The Local Rules call for a brief to be bound securely along the left margin. The Court does not care how it’s bound. Usually, people use a staple in the upper left corner or a spiral binding. If you use staples, you must tape the back of the staples to ensure they do not protrude from the back of the brief. If you do not cover the staples, the brief will probably be stricken. [Local Rule 18.1(B)]
No. No special colors are required. See App. R. 19(A) for what’s required to be on the cover.
The Appellate Division of the Clerk’s Office is open from 8 a.m. to 4 p.m. but there is a 24-hour Clerk’s Office located in the Justice Center to accept filings after 4 p.m.
Only certain documents can be filed by fax. Notices of Appeal, Notices of Cross Appeal, or Original Actions are not accepted by fax. Briefs and records are also not accepted. Any other motion or document cannot exceed 10 pages. The fax number of the Appellate Division of the Clerk’s office is (513) 946-3744. Be sure to use a cover page with the information required by Loc. R. 13.1(A)(4).
You need to either: 1) Let us strike the brief and extend time for you to file a new brief or: 2) File a motion to file an amended brief. Once the brief is filed, it cannot be changed.
If you are the appellant and your case is on the Regular Calendar, you can file a reply brief of up to 10 pages within 10 days after service of the appellee’s brief. [App R. 18(A)]
File a motion to extend time to file brief (or transcript). [App. R. 14(B) and App.R. 15(B)] We need an original and one copy of the motion. We also need an entry granting the motion with a specific date when the brief (or transcript) can be filed. [Loc. R. 15.1(A) and (D)]
Once it is filed, a motion to extend time to file a brief (or transcript) stops the time from running. It usually takes 3 days for a procedural motion to be ruled upon.
Yes. Without further order of the Court, appellee shall file and serve the appellee’s brief within 30 days after the appellant’s brief is served. [Loc.R. 18.1(A)] This provision does not apply to an expedited appeal under App.R. 11.2.
Civil cases take about 9 months. Criminal cases take about 7 months.
Each side gets 15 minutes no matter how many parties are on each side. [Loc. Rule 21(B)]
The Court must receive, at least three days prior to the setting of oral argument, either a fax or letter addressed to the Court Administrator requesting that the case be submitted on the briefs. Both parties should agree to submitting the case on the briefs; however, the Court reserves the right to require that the case be argued. [App. R. 21(F)]
Once a case is submitted, it takes an average of 30-60 days for a decision to be released.
We welcome questions and comments on the operation of the court, and the court’s administrative staff is available during working hours to answer questions and provide information about court processes. However, the judges are not able to talk with a party about a case outside of formal court proceedings involving all parties.
An appellant’s brief must include 1) a table of contents; 2) a table of cases; 3) a statement of the assignments of error presented for review; 4) a statement of the issues presented for review; 5) a statement of the case; 6) a statement of facts relevant to the assignments of error; 7) an argument; and 8) a conclusion. For more detailed information, see Ohio Appellate Rule 16(A).
Yes. Copies of all documents filed by any party must be served by the party or person acting for the party on all other parties to the appeal. On all of your documents, include proof of service in the form of a statement of the date and manner of service and the names of the persons served, certified by the person who made service.