Frequently Asked Questions
What are the hours of the Court of
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
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
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. 2(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. 2(C). Waiver of the deposit does not mean that the party
will not have to pay costs. Loc.R. 2(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. 2), 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
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. 1.1.
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
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. 8. 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. The
Court has entered a standing order for media that can be viewed
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. 8, that party must attend oral argument.
Can I postpone my scheduled oral
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. 8(C).
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
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 sixty 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
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.