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    OHIO APPEAL COURT PROCESS

    General information

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    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:
    1. Specify the party making the appeal;
    2. Identify the judgement, order or part of the record from which the appeal comes;
    3. Include the name of the court from which the appeal comes.
    The clerk of the trial court must serve a copy of the notice, plus a copy of the docketing statement to all parties, by mail at the last known address.

    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:
    1. No transcript is required.
    2. Transcript is short and preparation will not cause delay.
    3. An agreed statement is submitted in lieu of a record.
    4. The record was made in an administrative hearing and filed with the trial court.
    5. All parties approve assignment to the accelerated calendar.
    6. Local rule designates the particular type of case for the accelerated calendar.
    In an accelerated case the time for transmitting the record to the appellate court is cut from forty (40) to twenty (20) days. The time for filing briefs by the appellant and appellee is reduced from twenty (20) to fifteen (15) days.

    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

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