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WHAT IS THE OHIO COURT OF APPEALS ?

I. WHAT IS THE OHIO COURT OF APPEALS?

The Ohio Court of Appeals is an intermediate level appellate court whose primary function is to hear appeals from the common pleas, municipal and county courts. Each case is heard and determined by a three judge panel. The state is divided into twelve appellate districts and each district is served by a court of appeals that sits in each of the counties within that district. The number of judges in each district, from three up to twelve, depends upon a variety of factors, among which are the case load and population. There are now sixty-eight appellate judges in Ohio.

II. ORGANIZATION AND JURISDICTION OF COURTS OF APPEALS
(Section 3, Article IV, Ohio Constitution)

(A)

The state shall be divided by law into compact appellate districts in each of which there shall be a court of appeals consisting of three judges. Laws may be passed increasing the number of judges in any district wherein the volume of business may require such additional judge or judges. In districts having additional judges, three judges shall participate in the hearing and disposition of each case. The court shall hold session in each county of the district as the necessity arises. The county commissioners of each county shall provide a proper and convenient place for the court of appeals to hold court.

(B)

The courts of appeals shall have original jurisdiction in the following:

(a) Quo warranto;

(b) Mandamus

(c) Habeas Corpus

(d) Prohibition

(e) Procedendo;

(f) in any cause on review as may be necessary to its determination.

(C)

Courts of appeals shall have such jurisdiction as may be provided by law to review and affirm, modify, or reverse judgments or final orders of the courts of record inferior to the courts of appeals within the district and shall have such appellate jurisdiction as may be provided by law to review and affirm, modify, or reverse final orders or action of administrative officers or agencies.

(D)

A majority of the judges hearing the cause shall be necessary to render a judgment. Judgments of the courts of appeals are final except as provided in section 2(B)(2) of this article. No judgment resulting from a trial by jury shall be reversed on the weight of the evidence except by the concurrence of all three judges hearing the cause.

(E)

Whenever the judges of a court of appeal find that a judgment upon which they have agreed is in conflict with a judgment pronounced upon the same question by another court of appeals of the state, the judges shall certify the record of the case to the supreme court for review and final determination.

(F) Laws may be passed providing for the reporting of cases in the court of appeals.

(G) In addition to the original jurisdiction conferred by Section 3 of Article IV, Ohio Constitution, the court shall have jurisdiction:

(a) Upon an appeal upon question of law to review, affirm, modify, set aside, or reverse judgements or final orders of courts of record inferior to the court of appeals within the district, including the finding, order, or judgment of a juvenile court that a child is delinquent, neglected, abused, or dependent, for prejudicial error committed by such lower court.

(b) The court, on good cause shown, may issue writs of supersede as in any case, and all other writs, not specially provided for or prohibited by statute, necessary to enforce the administration of justice.

III. ORDER AND DISPOSITION OF CASES ON THE DOCKET

Cases in the court of appeals shall be entered on the docket in the order in which they are commenced, received, or filed. They shall be taken up and disposed of in the same order, unless for good cause shown the court otherwise directs. The court may dispose of the following cases in advance of their assignment or order on the docket:

(A)

Proceedings in quo warranto, mandamus, habeas corpus, prohibition, or procedendo;

(B)

Cases in which the person seeking relief is imprisoned or has been convicted of a felony;

(C)

Cases involving the validity of a tax levied or assessment made, or the power to make such levy or assessment;

(D)

Cases involving the construction or constitutionality of a statute or a question of practice, in which the questions arising are of general public interest;

(E)

Cases in which the relief sought is damages for personal injury, or for death caused by negligence, and in which the person injured makes affidavit that the person's livelihood is dependent upon daily labor, or, in case of death, in which the surviving spouse or any next of kin of the deceased makes affidavit that such surviving spouse or next of kin was dependent for livelihood upon the persons or the decedent's daily labor.

When a case is dismissed or otherwise disposed of, and again comes into court, it shall be disposed of as if it had retained its original place on the docket.

IV. QUALIFICATIONS AND TERM OF APPELLATE JUDGE
(O.R.C. 2501.02)

Each judge of the court of appeals shall have been admitted to practice as an attorney at law in this state and have, for a total of six years preceding his appointment or commencement of his term, engaged in the practice of law in this state or served as a judge of a court of record in any jurisdiction in the United States, or both.


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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.