OHIO APPEAL COURT PROCESS
General information
Ohio Appeal Court Process
An appeal is a proceeding in which a court reviews or retries a judgement that has been determined by another court.
All cases, except non-moving traffic violations, can be appealed.
During the appeals process, victims are not permitted to address the court.
A defendant's appeal is begun by the filing of a notice of appeal with the clerk of the trial court. A notice of appeal in criminal/civil cases must be filed within thirty (30) days of the judgement or order that is being appealed.
Appeals by the prosecution are also subject to the thirty (30) day limit; except when the appeal is from a order granting a defense motion to suppress evidence or return property. Then the time limit is reduced to seven (7) days from the date of entry into the official court record.
A motion for a new trial because of newly discovered evidence does not extend the time for appealing a judgement.
In civil and criminal cases, the thirty(30) day time limit begins from the entry of an order granting or denying the new motion.
The Court of Appeals cannot reduce or extend the time for filing a notice of appeal.
A notice of appeal must:
If an appeal is filed on time, the court of appeals has discretion to allow amendments to the appeal.
There is no limit specified for bringing a delayed appeal, i.e., newly found evidence. The defendant in a criminal case may appeal by leave of the court of appeals.
The government, in a criminal case, may appeal certain orders as a right, and most others by leave of court order under ORC 2945.67. The government is not permitted to file a late appeal.
A case may be assigned to the accelerated calendar if:
A case may be transferred from the accelerated calendar to the regular calendar for good cause.
Source: Ohio Appellate Practice 1994-95; Judge Alba L. Whiteside; Banks-Baldwin Law Publishing Company; pgs. 51-59.
In appellate proceedings, no witnesses are called and there is no jury. Judges review the transcripts of the trial, read the lawyers' briefs and listen to oral arguments.
Only a small percentage of guilty findings are reversed.
Nearly ¾ of the trials end in guilty verdicts. Virtually all are appealed.
After sentencing, the convicted person can appeal to a higher court. The state cannot appeal if the accused is acquitted by the jury.
The appellate court can agree with the decision of the lower court, order the lower court to review its decision or order the defendant to be released.
Source: Criminal Justice, Vol. 7. 364-973 CR 1
Addresses Of The Appellate Courts
First District
Hamilton County Courthouse
230 East Ninth St., 12th Floor
Cincinnati, OH 45202
513-946-3500
513-946-3412 FAX
Second District
Montgomery County Courts Building
41 N. Perry St., Room 515
Dayton, OH 45422-2170
513-225-4464
513-496-7724 FAX
Third District
Court of Appeals
204 N. Main St.
PO Box 1243
Lima, OH 45801
419-223-1861
419-224-3828 FAX
Fourth District
Athen County Courthouse
Athens, OH 45704
614-592-3247
614-594-3303 FAX
602 Seventh St.
Room 301, Courthouse
Portsmouth, OH 45662
614-355 8258
121-A W. Franklin St.
Circleville, OH 43113
614-474-8977
614-477-3976 FAX
Community Building
PO Box 310
McArthur, OH 45651
614-596-430514 South Paint St. Suite 38
Chilicothe, OH 45601
740-779-6662
740-779-6665 Fax
Fifth District
Court of Appeals
Suite 320
110 Central Plaza, S. #320
Canton, OH 44702
330-451-7765
330-451-7249 (FAX)
Sixth District
Court of Appeals
One Constitution AvenueToledo, OH 43604
419-245-4755
419-245-4844 FAX
Seventh District
Mahoning County Courthouse
131 West Federal St.Youngstown, OH 44503
216-740-2180
216-740-2182 FAX
Eighth District
Cuyahoga County Courthouse
One Lakeside Avenue, Room 202
Cleveland, OH 44113-1085
216-443-6350
216-443-2044 FAX
Ninth District
Court of Appeals
161 S. High St., Room 504
Akron, OH 44308-1671
330-643-2250
330-643-2091 FAX
Tenth District
Franklin County Courthouse
373 S. High St., 24th Floor
Columbus, OH 43215
614-462-3580
614-462-7249 FAX
Eleventh District
Stone Building
111 High St, NEWarren, OH 44481
330-675-2650
330-675-2655 FAX
Twelfth District
One City Centre Plaza
1001 Reinartz Blvd.Middletown, OH 45042
513-425-6609
513-425-8751 FAX
Supreme Court of Ohio
65 South Front St.
Columbus, OH 43215
614-387-9000
An appeal is a proceeding in which a court reviews or retries a judgement that has been determined by another court.
All cases, except non-moving traffic violations, can be appealed.
During the appeals process, victims are not permitted to address the court.
A defendant's appeal is begun by the filing of a notice of appeal with the clerk of the trial court. A notice of appeal in criminal/civil cases must be filed within thirty (30) days of the judgement or order that is being appealed.
Appeals by the prosecution are also subject to the thirty (30) day limit; except when the appeal is from a order granting a defense motion to suppress evidence or return property. Then the time limit is reduced to seven (7) days from the date of entry into the official court record.
A motion for a new trial because of newly discovered evidence does not extend the time for appealing a judgement.
In civil and criminal cases, the thirty(30) day time limit begins from the entry of an order granting or denying the new motion.
The Court of Appeals cannot reduce or extend the time for filing a notice of appeal.
A notice of appeal must:
- Specify the party making the appeal;
- Identify the judgement, order or part of the record from which the appeal comes;
- Include the name of the court from which the appeal comes.
If an appeal is filed on time, the court of appeals has discretion to allow amendments to the appeal.
There is no limit specified for bringing a delayed appeal, i.e., newly found evidence. The defendant in a criminal case may appeal by leave of the court of appeals.
The government, in a criminal case, may appeal certain orders as a right, and most others by leave of court order under ORC 2945.67. The government is not permitted to file a late appeal.
A case may be assigned to the accelerated calendar if:
- No transcript is required.
- Transcript is short and preparation will not cause delay.
- An agreed statement is submitted in lieu of a record.
- The record was made in an administrative hearing and filed with the trial court.
- All parties approve assignment to the accelerated calendar.
- Local rule designates the particular type of case for the accelerated calendar.
A case may be transferred from the accelerated calendar to the regular calendar for good cause.
Source: Ohio Appellate Practice 1994-95; Judge Alba L. Whiteside; Banks-Baldwin Law Publishing Company; pgs. 51-59.
In appellate proceedings, no witnesses are called and there is no jury. Judges review the transcripts of the trial, read the lawyers' briefs and listen to oral arguments.
Only a small percentage of guilty findings are reversed.
Nearly ¾ of the trials end in guilty verdicts. Virtually all are appealed.
After sentencing, the convicted person can appeal to a higher court. The state cannot appeal if the accused is acquitted by the jury.
The appellate court can agree with the decision of the lower court, order the lower court to review its decision or order the defendant to be released.
Source: Criminal Justice, Vol. 7. 364-973 CR 1
Addresses Of The Appellate Courts
First District
Hamilton County Courthouse
230 East Ninth St., 12th Floor
Cincinnati, OH 45202
513-946-3500
513-946-3412 FAX
Second District
Montgomery County Courts Building
41 N. Perry St., Room 515
Dayton, OH 45422-2170
513-225-4464
513-496-7724 FAX
Third District
Court of Appeals
204 N. Main St.
PO Box 1243
Lima, OH 45801
419-223-1861
419-224-3828 FAX
Fourth District
Athen County Courthouse
Athens, OH 45704
614-592-3247
614-594-3303 FAX
602 Seventh St.
Room 301, Courthouse
Portsmouth, OH 45662
614-355 8258
121-A W. Franklin St.
Circleville, OH 43113
614-474-8977
614-477-3976 FAX
Community Building
PO Box 310
McArthur, OH 45651
614-596-430514 South Paint St. Suite 38
Chilicothe, OH 45601
740-779-6662
740-779-6665 Fax
Fifth District
Court of Appeals
Suite 320
110 Central Plaza, S. #320
Canton, OH 44702
330-451-7765
330-451-7249 (FAX)
Sixth District
Court of Appeals
One Constitution AvenueToledo, OH 43604
419-245-4755
419-245-4844 FAX
Seventh District
Mahoning County Courthouse
131 West Federal St.Youngstown, OH 44503
216-740-2180
216-740-2182 FAX
Eighth District
Cuyahoga County Courthouse
One Lakeside Avenue, Room 202
Cleveland, OH 44113-1085
216-443-6350
216-443-2044 FAX
Ninth District
Court of Appeals
161 S. High St., Room 504
Akron, OH 44308-1671
330-643-2250
330-643-2091 FAX
Tenth District
Franklin County Courthouse
373 S. High St., 24th Floor
Columbus, OH 43215
614-462-3580
614-462-7249 FAX
Eleventh District
Stone Building
111 High St, NEWarren, OH 44481
330-675-2650
330-675-2655 FAX
Twelfth District
One City Centre Plaza
1001 Reinartz Blvd.Middletown, OH 45042
513-425-6609
513-425-8751 FAX
Supreme Court of Ohio
65 South Front St.
Columbus, OH 43215
614-387-9000