F.A.Q.

What is an Appeal?

When a court case ends under questionable circumstances, an appeal can help set things right. The basic concept of an appeal is asking a higher court to review what happened in a lower court to see if any issues occurred that would render the case result legally invalid. Depending on where the initial case originated, appeals of Ohio cases usually begin by going to a state district court in the same county as the court that handled the case initially, or to the Ohio Court of Appeals. From there, a case may be appealed to the Ohio Supreme Court.

When is an Appeal Allowed?

Cases cannot be appealed simply because you or your client did not like the case result. There must be a recognizable legal issue to contest. The issue must have also made an impact on the case result, meaning legal mistakes do not necessarily validate the need for an appeal on their own.

An appeal can be used if the original or lower case is involved:

Factual misunderstanding of available evidence

Procedural mistakes, such as wrongful suppression of evidence

Violations of a party’s rights

Sentencing or court orders are considered objectively excessive

How an Appeal Can Conclude

There are a few ways an appeal can typically end:

Lower court’s finding is upheld, which may call for yet another appeal

Higher court changes the lower court’s ruling

Higher court dismisses the case due to uncorrectable legal errors

Case is sent back to the lower court for additional proceedings

When a case must be retried or revisited, only evidence available in the original case can be used for future proceedings. In many ways, the case must be repeated as closely as possible to the original case, except this time the factual or legal mistakes that invalidated the original result must be avoided.

How do I file an appeal?

How you file an appeal depends on whether you are in municipal, state, or federal court, what level of court you are in, the court you are appealing to, and whether your case is civil or criminal. The process to file an appeal can be complicated and confusing, so this answer only addresses the general rules governing how to file an appeal. Your case may require you to follow different procedures. It is always best to discuss how to file an appeal with a qualified appellate attorney.

There are three categories of courts in Ohio:

Municipal courts, which are operated by different municipalities throughout the state.

State courts, which are operated by the state of Ohio and include county courts, district courts, the Ohio Court of Appeals, and the Ohio Supreme Court.

Federal courts, which are operated by the United States of America and include tax courts, bankruptcy courts, bankruptcy appellate panels, district courts, courts of appeal, and the Supreme Court of the United States.

Municipal and State Courts

How to appeal from a municipal court depends on whether the court is a court of record or not. A court of record is a court that records proceedings with audio recording devices and/or court transcribers. Appeals from municipal courts of record are to Ohio’s district courts. Appeals from municipal courts that are not of record are to Ohio’s county courts.

To appeal from a municipal court, you must file a notice of appeal with the municipal court clerk and docket the appeal with the court hearing your appeal.

To appeal from a county court, you must file a notice of appeal with the county court clerk and docket the appeal with the district court.

To appeal from a district court, you must file a notice of appeal with the Ohio Court of Appeals.

To appeal from the Ohio Court of Appeals, you must file a petition for writ of certiorari with the Ohio Supreme Court. Technically, this petition is not actually an appeal. It is a request for the Ohio Supreme Court to hear your appeal.

Generally, there is no appeal from the Ohio Supreme Court. However, if your case involves a question of United States law, you can file a petition for writ of certiorari with the United States Supreme Court and ask for it to accept your appeal.

What documents do I need?

Again, an appeal is generally initiated by filing a notice of appeal. Sometimes it is initiated by filing a petition for writ of certiorari. Usually, depending on the court you are appealing from, you must also file a designation of record or designation of transcripts. In civil cases, an appeal bond is generally required. Some courts also require you to file a docketing statement.

How long do I have to file an appeal?

Your deadline to file an appeal depends on what court you are appealing from and, in some instances, whether your case is civil or criminal.

Municipal, County & District Court Appeal Deadlines

There are multiple deadlines to file appeals from decisions in municipal and state courts, including:

Appeal from a municipal court that is not of record: Filed within 14 days of entry of a final order

Appeal from a municipal court that is of record: Filed within 35 days of entry of a final order

Appeal from a county court in a civil case: Filed within 14 days of entry of a final order

Appeal from a county court in a criminal case: Filed within 35 days of entry of a final order

Appeal from a district court: Filed within 49 days of entry of a final order

Additionally, if you wish to appeal from a decision of the Ohio Court of Appeals, you must file your petition for writ of certiorari with the Ohio Supreme Court within 42 days of when the Court of Appeals issued its opinion. But, if you filed a petition for reconsideration, you must file your petition of writ of certiorari within 28 days of when the Court of Appeals denied your petition for reconsideration.

If your case involves a question of United States law and you wish to appeal to the United States Supreme Court, you must file your petition for writ of certiorari within 90 days of when the Ohio Supreme Court issued its opinion.

Federal Court Appeal Deadlines

There are also multiple deadlines to file appeals from decisions in federal courts, including:

Appeal from a tax court: Filed within 90 days of the entry of a final order

Appeal from a bankruptcy court: Filed within 14 days of entry of a final order

Appeal from a district court in a civil case: Filed within 30 days of a final order

Appeal from a district court in a criminal case: Filed within 14 days of a final order

Lastly, if you wish to appeal from a decision of one of the United States courts of appeal, you must file your petition for writ of certiorari within 90 days of when the court of appeals issued its opinion.

What happens if you miss the deadline?

If you miss the deadline to file your appeal, you lose. The time to file an appeal is jurisdictional. If you miss the deadline, the appellate court does not have the authority to hear your case.