FAQ'S

 

How do I file an appeal?

Generally, a Notice of Appeal should be filed within 30 days of the date of the judgment being appealed.  [App. R. 4] Under Loc. R. VII a Praecipe (be sure to obtain the Court Reporter’s signature if a transcript is necessary) and a Civil or Criminal Docketing Statement should be filed with the Notice of Appeal.  The Praecipe and Docketing Statement forms are available on this site or at the respective Clerk of Courts Office.  A file-stamped copy of the judgment entry or judgment entries being appealed should be attached to the Notice of Appeal.  The Court follows the Ohio Rules of Appellate Procedure in processing each appeal.

 

If there is a holiday or weekend during the 30 day time period, does it count?

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)]

 

How long do I have to file a Praecipe and Docketing Statement after I have filed the Notice of Appeal?

The Appellate and Local Rules [App. R. 3(G) and Loc. R. VII(A)(B)] require that the Praecipe and Docketing Statement be filed when the Notice of Appeal is filed.  It is essential that the Praecipe be signed by the Court Reporter to assure that the transcript has been ordered.  Failure to file a Praecipe and Docketing may result in dismissal of the appeal.  [Local Rule VII(C)].

 

Do I need an attorney to file an appeal?

No, you can file the appeal pro se or on behalf of yourself.  However, we always recommend that individuals seek legal counsel as the court system can be complicated.  Our employees cannot dispense legal advice nor advise you with regards to your appeal.

 

How many copies of the appeal do I have to file?

When filing an appeal, you must provide the original plus 3 copies. 

 

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Where do I file an appeal?

The Notice of Appeal is filed in the trial court where the case originated.  The case will then be transmitted to the Appellate Division of the respective Clerk of Court and assigned an appellate case number.  Failure to file a timely notice of appeal may result in dismissal of your appeal.  [See App R. 3(A).]

 

How much does it cost to file an appeal?

$50 as a deposit.  The trial court can assess additional fees.  Contact the clerk of court for the trial court in which your case was decided to see if that court will assess additional fees.  The costs deposit may be waived in certain circumstances.  See Local Rule III for information on when costs are waived.

 

Where should subsequent filings be made?

This Court is a multi-county district.  Depending on where your case originated, all filings for your appeal are to be made in the county of origination.  (Ex. Youngstown Municipal Court-Mahoning County Clerk of Court; Mahoning County Common Pleas Court-Mahoning County Clerk of Court).

 

If you want the lower court/trial court to rule on something file the pleading with the trial court case caption and case number.  If you want the Court of Appeals to rule on something use the court of appeals case caption and case number.

 

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If the record is not complete can I ask the trial court for an extension?

Yes, the request can also be made to the Court of Appeals.  See App. R. 10(C).

 

What is required to be in my brief?

(1)  A table of contents, with page references.

 

(2)  A table of cases alphabetically arranged, statutes, and other authorities cited, with references to the pages of the brief where cited.

 

(3)  A statement of the assignments of error presented for review, with reference to the place in the record where each error is reflected.

 

(4)  A statement of the issues presented for review, with references to the assignments of error to which each issue relates.

 

(5)  A statement of the case briefly describing the nature of the case, the course of proceedings, and the disposition in the court below.

 

(6)  A statement of facts relevant to the assignments of error presented for review, with appropriate references to the record in accordance with division (D) of this rule.

 

(7)  An argument containing the contentions of the appellant with respect to each assignment of error presented for review and the reasons in support of the contentions, with citations to the authorities, statutes, and parts of the record on which appellant relies.  The argument may be preceded by a summary.

 

(8)  A conclusion briefly stating the precise relief sought.  [App. R. 16.]

 

How many pages can my brief have?

Without prior leave of court, the initial brief of appellant or cross-appellant and answer brief of appellee or cross-appellee should not exceed 35 pages in length (exclusive of the table of contents, table of cases, statutes and other authorities cites, and appendices, if any).  Reply briefs should not exceed 10 pages, except by permission of the court.  [Local Rule IV(1), App. R. 19(A)]

 

What is the font size required for briefs?

12 point.  [App. R. 19(A)]

 

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How should a brief be bound?

Usually, people use a staple in the upper left corner.  The Court would prefer that spiral binding not be used.

 

Is there a special cover required for a brief? 

No.  The front covers of the briefs, if separately bound, shall contain: (1) the name of the court and the number of the case; (2) the title of the case [see App. R. 11(A) ]; (3) the nature of the proceeding in the court (e.g., Appeal) and the name of the court below; (4) the title of the document (e.g., Brief for Appellant); and (5) the names and addresses of counsel representing the party on whose behalf the document is filed.  See App. R. 19(A)

 

 When is my brief due?

Appellant’s brief is due within 20 days after the date on which the Clerk has mailed the notice required by App. R. 11(B)/transcript of original papers.  The Appellee’s brief is due within 20 days after service of the appellant’s brief.  Appellant’s reply brief is due within 10 days after service of the appellee’s brief.  [App. R. 18(A)]

 

What should I do if the record is not complete (i.e. transcript of proceedings need to be filed) and the Clerk has mailed the App. R. 11(B)/transcript of original papers notice?

Contact the Court Reporter to see how long it will take to complete transcript or transcripts necessary for appeal, and file a motion for extension to file transcript of proceedings as part of the record on appeal.

 

Appellant’s brief will be due 20 days after the transcript has been filed.

 

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What should I do if I can't get my brief filed by the time the Clerk’s office closes?

File Motion to File Brief Instanter and file brief simultaneously. 

 

What if I am unable to complete my brief after the record is compete?

If first request (and case has not been expedited or judgment entry entered on Clerk’s docket limiting extensions) file motion for extension within 20 day period, and extension will be granted.  [Local Rule II(3)]

 

Any request beyond first extension will be denied unless good cause is shown why an extension should be allowed by Court.  [See Local Rule II(4)].  Use detail, other than a busy schedule. 

 

The Court generally allows extensions in 30 day increments unless requested otherwise and good cause is shown.

 

Can I file my brief or any other documents by fax?

Contact Clerk of Court for respective county to see if that particular Clerk of Court accepts fax filings. 

 

What if I forgot to put something in my brief?

File a motion to file an amended brief.

 

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Can I file a reply brief?

If you are the appellant, 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)]

 

How do I get an extension of time?

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 3 copies of the motion.

 

If the appellant receives an extension of time to file their transcript or brief, is the appellee automatically granted an extension of time to file their brief?

No.  If first request (and case has not been expedited or judgment entry entered on Clerk’s docket limiting extensions) file motion for extension within 20 day period, and extension will be granted.  [Local Rule II(3)]

 

Any request beyond first extension will be denied unless good cause is shown why an extension should be allowed by Court.  [See Local Rule II(4)].  Use detail, other than a busy schedule. 

 

The Court generally allows extensions in 30 day increment unless requested otherwise and good cause is shown.

 

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How long does it take between the filing of the Notice of Appeal and oral argument?

Varies from case to case.  When case is ready for oral argument, Court Administrator will contact counsel and/or pro se parties to set case on Court’s oral argument calendar.

 

How long should my oral argument be?

Each side gets 15 minutes no matter how many parties are on each side.

 

How do I request oral argument on a case?

Appellant can request on Docketing Statement or the parties can file a request for oral argument as a separate pleading (not appended to brief, notice or other paper) within the time provided for filing of the appellant’s reply brief.  On the cover page of the appellant’s or appellee’s initial brief “ORAL ARGUMENT REQUESTED” can be indicated.  [App. R. 21].

 

If any party fails to appear to present oral argument, the court shall hear argument on behalf of the opposing party, unless waived. [Local R. V]

 

What if I want to submit a case on the briefs alone and not attend oral argument?

File notice of intent to withdraw oral argument or contact Court Administrator (330-740-2180).  The Court reserves the right to require that the case be argued. [App. R. 21(F)]

 

After argument, how long does it take to get a decision? 

Varies from case-to-case, depending on complexity of issues involved.

 

Where can I find a copy of a decision of the Court? 

Ohio Supreme Court website at www.supremecourtofohio.gov/ROD/docs/ opinions and decisions since 2002 and some from 2001. 

 

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