How does the appellate process work?

See the following OVERVIEW

How do I file an appeal?

A Notice of Appeal should be filed within 30 days of the date of the judgment being appealed. A copy of the judgment entry being appealed should be attached to the Notice of Appeal. A Civil or Criminal Docket Statement is to be filed with the Notice of Appeal. Loc.R. 4

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

Yes. Count all days unless the final day on which the document is due falls on a holiday or weekend. The due date then falls on the next business day that is not a holiday or weekend.

Where do I file an appeal?

The Notice of Appeal is filed in the trial court of the county from where the appeal is taken . This means that the heading (the words at the very top) of the Notice of Appeal should read “In the Common Pleas Court,” In the Domestic Relations Court,” “In the Juvenile Court,” In the Probate Court,” “In the Municipal Court,” “In the County Court,” or “In the Area Court” depending on which court was the trial court. Contact the clerk of the trial court for details.

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

A Civil or Criminal Docket Statement is to be filed at the same time the Notice of Appeal is filed.

What is a Scheduling Order, when is it sent out?

The Scheduling Order is a document that sets the dates when the record and briefs are due to be filed with the Court. The Court will issue a Scheduling Order upon receipt of the Notice of Appeal and Docket Statement from the trial court. Loc.R. 7

What is the Record on appeal?

The record on appeal consists of all original papers and exhibits filed in the trial court, a written transcript of the proceedings in the trial court, if any, including any exhibits, and a certified copy of the docket and journal entries prepared by the clerk of the trial court. App.R. 9

What does an appellate brief look like?

See the Forms Section of our website for a sample copy of an appellate brief.

How long can my brief be?

If your case is on the Regular Calendar, your brief can be no longer than 20 pages or 6,000 words. The 20-page/6,000 word limit does not include the cover page, the table of contents, table of cases and authorities, a table of the assignments of error and issues pre­sented for review, and any appendix, if necessary. Text shall be double spaced and appear on only one side of each page, and the pages shall be numbered in a manner such that the Court can easily determine the length of the brief filed. After the appellee has filed a brief, the appellant may file a reply brief which is limited to 10 pages or 3,000 words.  Loc.R.11(A)(3) If your case is on the Accelerated Calendar, briefs are limited to 15 pages or 4,500 words. Reply briefs on Accelerated Calendar cases are limited to 5 pages or 1,500 words.

What is the minimum font size for briefs?

Briefs prepared with word processing software must use a minimum font size of 12 point. Briefs prepared using other typewriting equipment shall use characters equivalent in size.

How should a brief be bound?

Briefs should be stapled once in the upper left-hand corner. It is not necessary or desirable to enclose any brief in a paper or plastic cover or binder.

Does a brief require a special cover?

No. No special covers or colors are required on a brief. See . Loc.R.11(A) http://www.12thdca.com/rules.html#Rule11 ) for what information is required on the brief’s cover page.

Do I have to file additional copies of my brief?

Three additional copies are required to be filed with the original brief.

Where do I file my brief and the three copies, can I file my brief by fax?

Briefs and all other papers filed after the Notice of Appeal are to be filed with the Court of Appeals Clerk of Courts for the specific county where the trial court was located. No briefs or other documents may be filed with the Court’s central office in Middletown, Ohio. Loc.R.11(F) ) Check with the specific Court of Appeals Clerk of Court to determine if fax-filing is available in that county. If you are permitted to fax-file your brief, you are still required to submit the original brief with the three additional copies to the clerk.

What if I forget to put something in my brief or append a necessary document?

You will need to ask us to strike your brief and extend the time for filing a new brief, or file a motion requesting to file an amended brief. Once the brief is filed, it cannot be changed without permission of the Court. Briefs that do not comply with the Ohio or Local Rules of Appellate Procedure may result in the issuance of an entry ordering you to file a conforming brief.

What if I need additional time to file the record or my brief?

If you cannot have the record or your brief filed by the deadline set forth in the Scheduling Order, you must file a motion requesting to extend the time to file the record or the brief. Loc.R.13 The original and one copy of the motion must be filed with the clerk, and must be filed on or before the date when the record or your brief is due. Once it is filed, the motion to extend time stops the time from running until the Court decides the motion.

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

Yes. Without further order of the Court, the appellee shall file and serve the appellee’s brief within the time set forth in the Scheduling Order after the appellant’s brief has been served, unless the Court designates a specific date upon which the appellee’s brief is to be filed and served.

Can I have oral argument on my case?

Yes. However, cases will not automatically be argued unless one of the parties makes a written request for oral argument. A request for oral argument may be made on the cover of a brief or by a separate filing. Loc.R.12 (make this a link to: http://www.12thdca.com/rules.html#r12 ) . Oral argument can be requested up to the due date of the appellant’s reply brief. Upon receipt of a request for oral argument, the Court will notify you in writing of the date set for oral argument in your case. If there is no timely request for oral argument, a case will be submitted to the Court on the parties’ written briefs. Parties who do not file briefs will not be permitted to participate in oral arguments.

How long will my oral argument be?

Each side has 15 minutes for oral argument no matter how many parties are on each side. Loc.R.12. It is up to the parties on each side to decide how to split their 15 minutes.

After a case has been argued or submitted, when can I expect a decision?

Generally, a decision is issued around 60 days after a case has been submitted to the Court. Decisions may be released sooner or later depending on the nature or complexity of the case.

Where can I find a copy of the decision in my case?

All Opinions or Decisions are posted on either the Court’s website and the Ohio Supreme Court’s website. A copy may also be obtained by contacting the Court of Appeals Clerk of Court.