The Court is open 8:30 am to 4:30 pm Monday through Friday. However, the hours at each clerk’s office for filing may vary. You should check with the clerk’s office in the county where your case arises.
The Notice of Appeal is filed with the court from where the case originated. All future filings should be made with the Appellate Clerk of Court’s office of the county in which the appeal case arises. You should not mail or bring your documents to the Court’s Offices. Never mail your filings to the Judges’ offices at their Canton address, we cannot forward the filings onto the proper clerks’ office.
You can obtain a Docketing Statement from the Clerk of Courts or from our website. However, the Court does not have other forms. The law library may have forms for the notice of appeal, motions or briefs.
Pleadings are not considered filed until received by the proper clerk of court. The only exception is that briefs are deemed filed when mailed. See App.R. 13(A).
Generally, your case should be captioned exactly as it was captioned in the lower court. The only addition or change would be the parties’ appellate capacity, i.e. Appellant and Appellee in addition to Plaintiff and Defendant. See App.R. 3(D). However, Supt. R. 45 places restrictions on personal identifiers, including a juvenile’s name in an abuse, neglect, or dependency case, except for the juvenile’s initials or a generic abbreviation such as “CV” for “child victim”. Supt. R. 45(D) and Supt. R. 44(H). See Supt. R. 44 and 45 for complete details.
Please select the first item in Section D of our docketing statement. The clerk will transmit the record in your case sooner if the clerk knows that no transcript is being prepared.
The appellant initially selects whether to be assigned to the regular or accelerated calendar by marking the desired calendar on the docketing statement. If an appellant selects the accelerated calendar, an appellee may file an objection to this calendar assignment. If an objection is filed, the court will issue an order advising the parties as to which calendar the case is assigned.
REGULAR CALENDAR: If a case is on the regular calendar, the case will proceed according to the Appellate and Local Rules and be set for oral argument. Also, the Court is usually willing to grant a limited number of extensions to these cases.
ACCELERATED CALENDAR: The accelerated calendar is designed to provide a means to eliminate delay and unnecessary expenses in effecting a just decision on appeal by recognition that some cases do not require as extensive or time-consuming procedures as others. If chosen, litigants have less time to prepare and file their briefs, may not file a reply brief unless ordered by the court and waive their right to oral argument. These cases are submitted to be reviewed more quickly than those assigned to the regular calendar. Extensions of time are granted for cases assigned to the accelerated calendar on a very limited basis. See App.R 11.1 & Loc.R. 6(B).
EXPEDITED APPEALS: Those cases listed in section G(3) of our docketing statement are considered expedited appeals and may be subject to special modifications and exceptions in procedures. A litigant is not permitted to choose this status unless the litigant’s case falls under this section. Extensions of time are closely limited for these cases. See App. R. 11.2 & Loc.R. 7.
Yes. The Court Mediator is Attorney Aletha Carver.
Q. Do I need to file a new notice of appeal?
A. Yes, you will need to file a new notice of appeal after the trial court issues a new, final judgment entry. A new case number will be assigned and you will need to provide a new cost deposit or filing fee.
Q. If the record was already prepared or briefs were already filed in the dismissed case, will I have to re-do that work?
A. No, if the record was already transmitted or filed and/or briefs were already filed in the dismissed case, you can motion the Court of Appeals to have the transcript or briefs considered as if filed in the new appellate case.
Q. Should I file a fee application if I was appointed in the dismissed case?
A. Yes, you should file a fee application in the dismissed case for the work that was completed in that case. This fee should be filed
in accordance with the applicable rule and should not be held until the new case is concluded.
Q. If I file a new appeal, should I file a fee application in the new case when it is completed?
A. Yes, but it should include work that was done in that new appeal only. It should not include any work which was completed in the initial, dismissed appeal or any work for which you were already paid.
No, your brief will be due according to the schedule provided in the appellate rules. The Court will, however, issue a scheduling order for original actions once an answer has been filed.
Yes, the Court strictly enforces the page limit found in Loc.R. 9(C).
The Court will almost always grant the first extension on regular calendar cases if cause is shown. You should try to get your motion for extension into the Court as soon as possible so you know the Court’s decision before your deadline expires. In most cases, if the Court will no longer be granting any extension to you, the Court will advise you by placing “No further extensions” on your entry.
You can ask the Court to accept your brief instanter although the Court is not required to accept it. You must demonstrate good cause for failing to timely file your brief.
The items found in Loc.R. 9(B). If you are the Appellant, you should note the Court requires you to attach a copy of the entry or entries being appealed to your brief.
Not if the case is available on Westlaw or has an Ohio citation. Otherwise, you should attach case law the Court would have difficulty locating.
No, there is no longer a requirement to provide a copy of your brief on a diskette or CD.
Yes, App.R. 19(A) requires briefs to be typewritten.
The court does not accept briefs filed in accordance with Anders v. California, 386 U.S. 738 (1967).
Comment: The court understands that the task of counsel—particularly appointed counsel—in some appeals is challenging, but the court believes that counsel should never inform the court that counsel views an appeal as frivolous, and counsel should not ask to withdraw from the representation simply because the prospect of prevailing in the appeal is bleak. An attorney who thoroughly reviews the record and who files the best possible brief for a client based on the facts and the law fulfills his or her professional obligation in any appeal.
Cases are heard by three-Judge panels. Judges are randomly assigned to these panels.
Generally, cases are assigned for oral argument from the oldest to newest cases, depending upon the Court’s schedule and ability to travel to the County from which the appeal arises.
Yes. Occasionally the Court will schedule the case for an adjoining County to expedite hearing the case and a party may motion the Court to request that the case be heard in another County
No. You may choose to waive oral argument by filing a motion or notice telling the Court that you want to waive oral argument. If all parties to the appeal waive oral argument, it may speed the appeal process.
The Court makes every effort to have opinions issued within 60 days of the date the cases were submitted to the Court for merit review. This means 60 days from the date of oral argument for those cases assigned to the regular calendar. Cases assigned to the expedited and accelerated calendars are handled more quickly. You can check the Court’s website for opinions which are posted weekly. Additionally, many Clerks of Courts have websites where you can check the status of your case.