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Frequently Asked Questions (FAQs)
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What are the hours of the court of appeals?

What cases does the court of appeals hear?

What is an appeal?

Do I have an appealable order?

What is an original action?

Am I required to have a lawyer?

Where can I find a lawyer?

If I am not a lawyer, may I represent a family member or my company in an appeal?

Where can I get information on how to handle a case in the court of appeals?

How do I file my own appeal when I do not have an attorney?

Are there any costs involved with filing an appeal?

What is a Praecipe?

What is the purpose of the accelerated calendar?

The court of appeals has just dismissed my appeal for failing to file a praecipe, the record or the brief.  What can I do to save my appeal?

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

What is a prehearing conference?

In an appeal, what will happen if I do not comply with the rules?

In an original action, what will happen if I do not comply with the rules?

How do I file an emergency motion?

What should I do to expedite my emergency motion?

How long does it take for the court of appeals to rule on my emergency motion?

Why is my motion taking so long to be decided?

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

Who may attend an oral argument?

Can I waive oral argument?

Can I postpone my oral argument?

When can I learn the identity of the judges that will decide my appeal?

What is the status of my case?

Why is my appeal taking so long to be decided after the oral argument?

What can I do if I am dissatisfied with the decision of the court of appeals?

As a registered attorney, can I be appointed to represent a defendant in a criminal appeal?

 


What are the hours of the court of appeals?
The court of appeals is open Monday through Friday from 8:30 A.M. to 4:30 P.M.  The court of appeals is closed on the following holidays: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day.

What cases does the court of appeals hear?
The court of appeals hears two kinds of cases: appeals and original actions (also known as writs).

What is an appeal?
Appeals arise from cases which have already been decided by the court of common pleas (including domestic relations, juvenile and probate court) as well as municipal courts, small claims courts, and the board of tax appeals.  Appeals to the court of appeals may only arise from courts located within Cuyahoga County.

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Do I have an appealable order?
An appealable order is defined in Ohio Revised Code Section 2505.02.  See also Ohio Civil Rule 54(B) and Ohio Criminal Rule 32.  The personnel at the court of appeals cannot make that determination for you.

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.

Am I required to have a lawyer?
No, but parties who represent themselves are expected to follow the Ohio Rules of Appellate Procedure and the Local Rules of the Eighth Appellate Judicial District in preparing and presenting their cases.

Where can I find a lawyer?
You can find a lawyer through the referral services of the Cleveland Metropolitan Bar Association or through the yellow pages of the phone book, or by word of mouth from friends or family.  The personnel at the court of appeals do not make referrals.

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If I am not a lawyer, may I represent a family member or my company in an appeal?
No. An individual possesses the right to represent himself or herself, but may not represent other persons or wholly owned companies.

Where can I get information on how to handle a case in the court of appeals?
The Ohio Rules of Appellate Procedure are available in many libraries and on the Supreme Court of Ohio website.  The Local Rules of the Eighth Appellate Judicial District are available from:

Clerk, Court of Appeals
One Lakeside Avenue, Room 145
Cleveland, Ohio 44113 

In addition, the Local Rules of the Eighth Appellate Judicial District are posted on this web site, as well as the Supreme Court of Ohio website.

How do I file my own appeal when I do not have an attorney?
A Notice of Appeal is filed in the trial court that decided your case.  A sample Notice of Appeal is contained in the appendix to the Ohio Rules of Appellate Procedure.  A Praecipe and Docketing Statement must also be filed with the Notice of Appeal.  These Forms are available in the Clerk of Courts office, Room 145, One Lakeside Avenue, Cleveland, Ohio 44113, telephone 216-443-7937.  Samples of these forms are contained in the Appendix to the Local Rules of the Eighth Appellate Judicial District and are available in the forms section of this web site.

Are there any costs involved with filing an appeal?
Yes. When you file your notice of appeal, you must also deposit the amount of $175 as security for the payment of costs. Two exceptions exists which allow the waiver of the $175 security deposit: (1) the appellant files a sworn detailed affidavit or affirmation of the inability to pay the $175 deposit; or (2) the appellant produces evidence that the trial court has determined that the appellant was indigent for purposes of the appeal. See Local Appellate Rules 3(A) and 45(A).

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What is a Praecipe?
A Praecipe is an order to the clerk of the trial court which specifies what the record, which is sent to the court of appeals, will contain.  The original papers are always part of the record. Through the Praecipe, the party filing the appeal may also request a complete transcript, a partial transcript, a Statement of Evidence under Appellate Rule 9(C) or an Agreed Statement of Evidence under Appellate Rule 9(D).  It is the responsibility of the party filing the appeal to make arrangements with the official court reporter for preparation of a transcript.

What is the purpose of the accelerated calendar?
The accelerated calendar is used to expedite the disposition of an appeal which does not involve complex issues.  An appeal assigned to the accelerated calendar must involve one or two relatively simple issues which can be fully briefed within fifteen pages.  In addition, any evidentiary material contained in the record, including the transcript if requested, may not exceed 100 pages.  See Local Appellate Rule 11.1.

The court of appeals has just dismissed my appeal for failing to file a praecipe, the record or the brief.  What can I do to save my appeal?
File a motion for reconsideration under Appellate Rule 26(A) within 10 days of the dismissal.  You should concisely state why the appeal should be reinstated and further provide the missing item or items.

Does the filing of an appeal automatically stay execution of judgment?
No.  Once a trial court enters judgment, that judgment can be carried into effect unless the trial court or court of appeals grants a motion for stay of execution of judgment. To stay a trial court's judgment, you must file a motion to stay judgment pursuant to Appellate Rule 7 for civil cases and Appellate Rule 8 for criminal cases.  The rules specify that a motion for stay of execution of judgment should first be filed in the trial court.

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What is a prehearing conference?
A prehearing conference is an opportunity for the parties and counsel to meet with a conference attorney - who is an employee of the court trained in understanding problems in an appeal and in conflict resolution.  Through a prehearing conference, the parties may be able to focus the scope of the appeal, avoid procedural difficulties, and resolve the case without having to expend more resources.

In an appeal, what will happen if I do not comply with the rules?
The party bringing the appeal, known as the Appellant, may lose the opportunity to challenge the judgment of the trial court.  That is, if the appellant does not execute all of the steps of an appeal in a timely manner, the court of appeals may dismiss the appeal which prevents the appellant from arguing that the trial court decision was wrong.  The party who won in the trial court, known as the Appellee, may lose the opportunity to present its position to the court.

In an original action, what will happen if I do not comply with the rules?
The party bringing the original action may lose the opportunity to present its case.  That is, the original action may be dismissed.  If there is no response from the other party, known as the respondent, the appellate court may enter judgment against the respondent.

How do I file an emergency motion?
An emergency motion, captioned as such, is filed with clerk of the appellate court in Room 145 of the Lakeside County Courthouse.  Personnel at the court of appeals will notify you of the appellate court's decision on the motion.

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What should I do to expedite my emergency motion?
File the emergency motion as soon as possible and as early in the day as possible.  Clearly indicate in the motion that you consider the matter urgent, and specify why you think it is urgent.  You should also indicate to the clerk of the court of appeals that you consider the matter urgent.  You will not be allowed to walk the emergency motion through to a judge.  The clerk's office staff will expedite the motion.

How long does it take for the court of appeals to rule on my emergency motion?
The court of appeals may summarily rule on an emergency motion.  The court of appeals may also allow more time for full consideration of the matter and to allow the other parties to file a response within ten days.

Why is my motion taking so long to be decided?
It depends upon the type of motion filed.  A motion for extension of time is reviewed within a day or two.  See Appellate Rule 14(B).  If your motion is the type that allows or requires a response from the opposing party, the motion may not be heard for two to three weeks.

Once I have filed my Notice of Appeal, Praecipe, and Docketing Statement, what must I do?
After the record is filed, you must prepare and file a brief which contains the assignments of errors which you intend to argue on appeal.  There are strict time limitations and form requirements which must be followed by the appellant and the appellee with regard to the filing of their briefs.  Please see Appellate Rule 16, Appellate Rule 18, Appellate Rule 19, Local Appellate Rule 16, and Local Appellate Rule 18.  

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Who may attend an oral argument?
Oral arguments are open to the general public and are presumed with regard to each appeal per Local Appellate Rule 21.  Notice of the date and time of oral argument is mailed to counsel or the parties representing themselves and is published in the Daily Legal News newspaper. The Court Calendar will also contain this information.

Can I waive oral argument?
Yes, oral argument can be waived.  Local Appellate Rule 21(C), however, requires that the parties in the appeal must file a joint motion waiving the argument at least fourteen days before the date scheduled for oral argument.

Can I postpone my oral argument?
Yes, you can request that your oral argument be postponed.  Local Appellate Rule 21(D), however, differentiates between cases not yet scheduled for argument and cases already scheduled for argument.  Cases already scheduled for oral argument will be postponed and rescheduled only upon the filing of a motion which establishes good cause for a continuance. 

When can I learn the identity of the judges that will decide my appeal?
Approximately 30 days before oral argument, notice of the time, date, and identifying the panel will be sent to the parties or their lawyer, and be published in the Daily Legal News. The Court Calendar will also contain this information.

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What is the status of my case?
You can call the Clerk of Courts office at 216-443-7937 to inquire about the status of your case.

Why is my appeal taking so long to be decided after the oral argument?
The appellate court takes every case under consideration immediately after oral argument or at the time scheduled for hearing if oral argument has been waived.  Some cases are more complex than others and simply require more time to be reviewed.

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 proceedings before the Supreme Court of Ohio.  The toll-free telephone number for the Supreme Court of Ohio is 1-800-826-9010.

As a registered attorney, can I be appointed to represent a defendant in a criminal appeal?
If you are an attorney in good standing, you may request that your name be added to the list of attorneys eligible for appointment to represent indigent criminal defendants on appeal. 
Forward a letter to any of the twelve appellate judges requesting addition to the appointment list, with a copy of your resume.  Each judge’s address is:  Eighth District Court of Appeals, Room 202, One Lakeside Avenue, Cleveland, Ohio 44113.  Or send same to the Court's Senior Conference Attorney at the above address.

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N.B. The Eighth District Court of Appeals shall not be liable for damages of any kind for use of this information, which is subject to change without notice.