How do I initiate an appeal to the Second District Court of Appeals?
To commence an appeal as of right, you should file a notice of appeal with the clerk of the trial court within the time allowed by Ohio Appellate Rule 4.
Are there additional documents I should file with my notice of appeal?
Simultaneously with the filing of your notice of appeal (or complaint if an original action), you must file with the clerk of the trial court a completed civil or criminal docket statement.
How much does it cost to file a notice of appeal?
When filing your notice of appeal, you must deposit $100.00 with the clerk of the trial court, in addition to any other fees the clerk may be authorized to collect. If you are not able to deposit $100.00 with the clerk, you must show your inability to advance security by affidavit or evidence that the trial court determined you were indigent for purposes of appeal.
How much time do I have to file a notice of appeal?
Generally, you have 30 days from the filing of the final judgment to file your notice of appeal. Failing to file a notice of appeal within 30 days from the filing of the final judgment may cause the court to lack jurisdiction to review your case.
How should my notice of appeal be captioned?
Your notice of appeal should be captioned in the trial court. The title of the case remains the same as in the trial court.
Where do I file my notice of appeal?
Your notice of appeal must be filed with the clerk of the trial court that issued the judgment you want to appeal.
After I have filed my notice of appeal and received a court of appeals' case number, where do I file appellate documents?
All documents required to be filed in your appellate case must be filed with the court of appeals' clerk in the county in which your action arose. Click here for information about the court of appeals' clerks.
May I file documents electronically?
Only the notice of appeal in Montgomery County cases may be filed electronically using the trial court's electronic filing procedures. Be aware that the court of appeals does not accept filings by facsimile or email.
May I speak to a judge about my pending appeal?
We welcome questions and comments on the operation of the court, and the court's administrative staff is available during working hours to answer questions and provide information about court processes. However, the judges are generally not able to talk with a party about a case outside of formal court proceedings involving all parties.
The judges have taken an oath of office to support the Constitution of the United States and the Constitution of Ohio to administer justice without respect to persons, and to faithfully and impartially discharge and perform all duties incumbent upon them as judges of the Ohio Second District Court of Appeals.
The actions of the judges are also governed by the Code of Judicial Conduct as promulgated by the Ohio Supreme Court. Therefore, the judges are restricted as to how they may interact with other judges, litigants, and the public at large. They generally may not comment or receive information on issues or cases that are pending or may come before the court or which have been decided by the court.
Thank you for your understanding of these very important principles. For more information about how one may communicate with the court, click here.
How long do I have to file the record in my appeal?
You (the appellant) have 40 days from the date of the notice of appeal to cause the filing of the record, which may include transcripts of proceedings.
Once the record has been filed, how long do I have to file my brief?
The appellant has 20 days from the issuance of the Ohio Appellate Rule 11(B) notice to file a brief. The clerk issues the notice to inform the parties that the record is complete, and that the briefing schedule has begun. The appellee then has 20 days from service of the appellant's brief to file an answer brief. The appellant my file a reply brief 10 days from service of the appellee's answer brief.
What information do I need to include in my appellant's brief?
An appellant's brief must include 1) a table of contents; 2) a table of cases; 3) a statement of the assignments of error presented for review; 4) a statement of the issues presented for review; 5) a statement of the case; 6) a statement of facts relevant to the assignments of error; 7) an argument; and 8) a conclusion. For more detailed information, see Ohio Appellate Rule 16(A). The brief of the appellee must include the same information, except that a statement of the case or of the facts relevant to the assignment of errors need not be made unless the appellee is dissatisfied with the statement of the appellant. App.R. 16(B).
What should I do if I need more time to file my brief?
You may file a motion requesting an extension of time to file your brief if you need more time. Your motion should explain the reasons for needing more time and how much time is necessary.
Do I have to serve copies of my motions, briefs, and other documents on the other parties to my appeal?
Yes. Copies of all documents filed by any party must be served by the party or person acting for the party on all other parties to the appeal. On all of your documents, include proof of service in the form of a statement of the date and manner of service and the names of the persons served, certified by the person who made service.
May I request a recording of an oral argument?
Yes. Pursuant to App.R. 21(J), the court will record all oral arguments. Argument recordings will be maintained for one year after the argument date. Requests may be submitted to the court by email at OhioSecondDistrict@mcohio.org, by telephone at 937-225-4464, or on paper to the court’s administrative office at 41 N. Perry Street, 5th Floor, Dayton, Ohio 45422. Requests shall specify: the requestor’s name, the appellate case name and number, the oral argument date, and the requestor’s email address, phone number, and mailing address. A request form is also available here. Upon request, the court will share an internet link to a recording or download the recording to a portable flash drive that will be available, without charge, for pick-up at the court's administrative office.
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