Frequently Asked Questions

What are the hours of the Court of Appeals?

The Akron office, the Court's administrative office, is open to the public on Monday through Friday from 9:00 a.m. to 4:00 p.m. The Court is closed on state holidays.  The clerks of courts may have different hours; you should verify the hours with the clerk.

How do I contact the Court of Appeals?
 

You may call the Court at (330) 643-2250 or toll-free at (877) 526-8785 from outside Summit County. The Court cannot advise or assist with legal matters.  To bring a matter before the Court, a party may file a motion with the appropriate clerk of courts in a pending case. If you have a question about the status of a specific case, you can contact the Court and speak with the Court's Administrative Counsel. Please have your case number available when you call.

What types of cases come before the Court of Appeals?

The Court of Appeals hears appeals from trial courts and original actions that request this Court to issue a writ.

What is an appeal?

When a party to a case disagrees with a final decision of the trial court, that party may file an "appeal." The Ninth District Court of Appeals can decide appeals from cases that started in the trial courts located in Lorain, Medina, Summit and Wayne counties. Those courts include the common pleas courts, domestic relations courts, juvenile courts, probate courts, municipal courts, and small claims courts.

What is an original action?

Unlike appeals, original actions start in the Court of Appeals and are limited to the following types of proceedings: habeas corpus, mandamus, procedendo, prohibition, and quo warranto. Original actions are proceedings in which the Relator or Petitioner (the person bringing the action) requests this Court to issue a writ. A writ is a special form of relief against a public agency or official.

How much does an appeal cost?

Court costs associated with an appeal in the Ninth District vary, based on the number of filings and pages entered into the record. In general, court costs in the Ninth District range from $50 to $150 and higher. When a party files a notice of appeal, the party must deposit $125 as security for the payment of court costs. Loc.R. 3.1(A). Generally, if the judgment appealed from is affirmed, the appellant is responsible for the costs and if the judgment is reversed, the appellee is responsible for the costs. App.R. 24(A).

The Court may allow an appeal or original action to proceed without a payment of the deposit if the appellant files a motion to waive the deposit along with: (1) an affidavit of indigency, and, (2) if the appellant is in prison, a certificate from the prison setting forth the amount of available funds that the inmate has on deposit. Loc.R. 3.1(C). Waiver of the deposit does not mean that the party will not have to pay costs. Loc.R. 3.1(C).

Do I need a lawyer?

Parties are not required to be represented by an attorney, but those who represent themselves are expected to follow the Ohio Rules of Appellate Procedure and the Local Rules in preparing and presenting their cases. Every person appearing before the Court is held to the same standard.  You can learn more about how to represent yourself by clicking here.

Does the filing of an appeal automatically stay execution of judgment?

Unless a party obtains a stay of execution of judgment, the winning party may enforce the judgment. The filing of a notice of appeal does not automatically stay execution of judgment. To stay a trial court’s judgment, the appellant must file a motion to stay execution of judgment. App.R. 7(A). A motion for stay of execution of judgment must first be filed in the trial court. App.R. 7(A). If the trial court denies the motion, it may then be filed in the Court of Appeals. App.R. 7(A).

How do I start an appeal?

An appeal begins when the appellant files a notice of appeal in the trial court. App.R. 3(A). The appellant must pay the cost deposit (Loc.R. 3.1), file a docketing statement (App.R. 3(G)) and, if there is a transcript to be be prepared, a praecipe to the court reporter (App.R. 9). Either the trial court clerk or the appellant then files with the appellate clerk of courts a copy of the same papers, which have been time-stamped by the trial court. The copy of the praecipe must have been signed by the official court reporter before it is filed with the appellate clerk.
 

Where do I file and how many copies are required?

All motions, briefs, transcripts and other filings must be filed with the appropriate clerk of courts, that is, the clerk of courts for the county in which the case originated. Loc.R. 13. Filings are not accepted by facsimile, unless the clerk of courts has specifically indicated it will accept them (only the Lorain County Clerk of Courts accepts fax filings at this time). All filings during the course of the appeal must be filed in quadruplicate, i.e., one original plus three copies. There are two exceptions to this rule:  (1) the appellant must file a sufficient number of copies of the notice of appeal, praecipe and docketing statement to allow the trial court clerk to send a copy to the clerk for the Court of Appeals and to every party listed on the docketing statement, and (2) each party must file an original and two copies of the brief.  All filings must contain proof of service; the Court cannot consider documents that are filed without proof of service endorsed on the document or separately filed. App.R. 13(D).

Once I have filed my Notice of Appeal, Praecipe, and Docketing Statement, what must I do?

An appellant has the responsibility of making sure the record is filed. App.R. 10. After the record is filed, the appellant must prepare and file a brief that contains the assignments of errors that he or she intends to argue on appeal. There are strict time limits and form requirements that must be followed by the appellant and the appellee with regard to the filing of the record and briefs. These requirements are contained in the Ohio Rules of Appellate Procedure and the Local Rules of the Ninth District Court of Appeals.  You can find more information here.

When is my brief due?

Appellant’s brief is due 20 days after the notice of the filing of the record is mailed. App.R. 18. Appellee’s brief is due 20 days after Appellant files a brief. App.R. 18. Appellant’s reply brief is due 10 days after Appellee’s brief is filed. App.R. 18.  The Court does not notify the parties when their briefs are due.

What if my due date is on a holiday or weekend?

When something is due to be filed on a holiday or weekend, the time for filing is carried over until the next day that the Court is open. App.R. 14(A).

Will there be oral arguments?

Oral arguments are heard for many cases.  A party must request oral argument by including a request on the cover of the appellant's brief or appellee's brief.  App.R. 21; Loc.R. 21.  Oral arguments are held in each of the Court’s four counties. Notice of the date and time of oral argument is served by the clerk to counsel or the parties representing themselves.

Who may attend an oral argument?

Oral arguments are open to the public.

Must I attend oral argument?

A represented party does not have to attend oral argument.  If a party requests oral argument, pursuant to Loc.R. 21, that party must attend oral argument.

Can I postpone my scheduled oral argument?
 

Either party may request that a scheduled oral argument be postponed. The Court may, in its discretion, reschedule an argument, but only upon written motion filed within 14 days of the date of the Notice of Oral Argument. Loc.R. 21(D).

When can I learn which judges will decide my appeal?
 

Two weeks prior to oral argument, the Court posts, at the office of the clerk of courts in the county where the arguments will be held, an oral argument schedule, which includes the names of the judges who will sit on the panel. The same information is available on this web site. You may also call the Court for the scheduled members of your panel. The panel is always subject to change. Prior to release of the decision, the Court will not reveal the identity of the judge who will write the decision.

When will I receive a decision in my appeal?
 

The Court of Appeals takes every case under consideration immediately after oral argument or at the time scheduled for argument, if oral argument has been waived or will not be held. Normally, a decision will be rendered within 60 days of oral argument. Some cases will require less time to be decided and some cases will require more time to be decided, depending upon the complexity of the issues or whether more stringent time requirements are imposed by law because of the nature of the case.

What can I do if I am dissatisfied with the decision of the Court of Appeals?

A party may appeal to the Supreme Court of Ohio. The Rules of Practice of the Supreme Court of Ohio govern such proceedings. You can visit the Court's web site or call the Supreme Court at 800-826-9010.