|
General Information about Filing an Appeal
The next few pages have general information about filing an appeal in the Ninth District Court of
Appeals. This is intended to help you with an appeal, but it is not
complete. It does not cover everything that could come up in an
appeal. Each case is unique and you must consider what is necessary for your
case and your appeal.
Representing
Yourself
People who
represent themselves without an attorney are
called "Pro Se" or "Self-Represented" litigants. Pro Se litigants are
responsible for learning about and following the rules that apply to a
case. You should think carefully before deciding to represent yourself
because the process is very detailed and can be confusing.
If you
decide to represent yourself, the following pages should give you
basic information concerning the papers that parties need to file during an
appeal. The Court's staff cannot write papers for you. They
cannot help you make decisions about your case. They cannot advise you about
what the law is or how
it applies to your appeal.
You should also remember that as a pro se litigant,
you can only represent yourself. You cannot represent another
person or a company or group, such as
a club or association, that includes other individuals.
Appealing a
Trial Court Decision
If you disagree with the trial court's judgment, or final decision, you can appeal that decision. An appeal
asks the court of appeals to
review the trial court's decision . An appellate court does not
retry the case or take new evidence. The three judges assigned to
the case can only review the record created in the trial
court.
Generally, the
appealing party must demonstrate that the trial court made a mistake or
an error. If there was an error, the error also has to have been important
enough that it could have made a difference to the outcome of the case.
You should not
file an appeal that is frivolous or just to harass someone. A
frivolous appeal is one that presents no reasonable question
for review. If the court of appeals decides you have filed a frivolous appeal,
Appellate Rule 23 authorizes the court of appeals to order you to pay the
other party's expenses, including attorney fees and costs.
Ohio Rules of
Appellate Procedure
The Ohio Rules
of Appellate Procedure (also referred to as App.R.) govern appellate
procedure. The Appellate Rules explain the documents that must be
filed, deadlines for filing those documents, document format, and other
important requirements. In
addition to the general appellate rules, you must also comply with the
Local Rules of the Ninth District Court of Appeals. The Local Rules
include more detailed information about what the Ninth District requires
parties to file or the format for required documents and pleadings.
This pro-se
guide explains the basic rules that you must follow to start the
appeal, transfer the record from the trial court to the court of appeals,
write your brief, and present oral argument. However, as mentioned
earlier, not all of the details of the Appellate Rules, Local
Rules, and case law are specifically explained or referred to in this guide. You
must familiarize yourself with the Rules and follow them as
they apply to your case. You can click on these links to find the
Ohio Rules of Appellate Procedure and the
Local Rules of the Ninth District Court of
Appeals.
GO TO STARTING AN APPEAL.
|
