Filingguide (Supreme Court of Ohio)
Filingguide (Supreme Court of Ohio)
Filingguide (Supreme Court of Ohio)
Maureen O’Connor
Chief Justice
Sharon L. Kennedy
Patrick F. Fischer
R. Patrick DeWine
Michael P. Donnelly
Melody J. Stewart
Jennifer Brunner
Justices
Stephanie E. Hess
Interim Administrative Director
Office of the Clerk
Sandra H. Grosko
Clerk of the Court
D. Filing Deadlines 4
A. Types of Appeals 9
B. Notice of Appeal 9
C. Filing Fee 15
B. Complaint 25
IV. Motions 27
A. Mechanical Requirements 27
V. Merit Briefs 31
A. Appeals 31
B. Original Actions 32
TABLE OF CONTENTS
VI. Supreme Court Resources 34
B. Contact Information 35
C. Driving Directions 36
D. Parking Information 37
B. Courts of Appeals 39
A. Filing an Appeal 42
IX. Glossary 55
I. INTRODUCTION
This guide is for anyone who wants to file pro se
with the Supreme Court of Ohio. The general For one’s self. A person appearing pro se
information contained in this guide can help with
the basic steps and procedures for filing with the
or filing pro se in a court is appearing or
filing without the assistance of a licensed
Supreme Court. attorney.
1
A Guide to Filing in The Supreme Court of Ohio
Cases filed with the Supreme Court of Ohio must comply with the Rules of Practice
of the Supreme Court of Ohio. Anyone filing in the Supreme Court must follow the
deadlines, page limits, and other requirements in the rules.
2. E-FILING PORTAL
You can also file your documents electronically through the Supreme
Court’s e-Filing Portal at:
www.supremecourt.ohio.gov/Clerk/eFiling.
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A Guide to Filing in The Supreme Court of Ohio
3
A Guide to Filing in The Supreme Court of Ohio
D. Filing Deadlines
The Supreme Court of Ohio Office of the Clerk must receive your documents
by 11:59:59 p.m., local observed time in Columbus, Ohio, on the day they
are due. Please note that if you are filing in person, the Clerk’s Office is only
open until 5:00 p.m., local observed
time in Columbus, Ohio. Documents
submitted through the e-Filing Portal HOW MUST BE
SUBMITTED: SUBMITTED BY:
on, or before, 11:59:59 p.m., local
observed time in Columbus, Ohio,
Filings in Person 5:00 p.m.
will be timely if they meet all the
requirements of the Rules of Practice E-Filed 11:59:59 p.m.
of the Supreme Court of Ohio.
If a document is mailed before the
due date, but received by the Supreme Court of Ohio Office of the Clerk
after the due date, then the document is late and cannot be filed.
The same is true for amended and corrected documents. An amended or
corrected document is due by 11:59:59 p.m. on the day the original document
is due.
Please note that the amended or corrected document must be re-filed in its
entirety. You cannot submit only the amended or corrected portion or page.
Appeals of right and jurisdictional appeals must be filed within 45 days of
the date the court of appeals files its judgment entry with its clerk. Original
actions filed with the Supreme Court generally do not have deadlines for
filing.
judg·ment en·try
An appeal from a decision of the
Board of Tax Appeals must be filed
A court’s written decision in a case.
4
A Guide to Filing in The Supreme Court of Ohio
FILING DEADLINES
Pay close attention to the deadline for filing an appeal. Missing the filing
deadline can cause the Supreme Court to lose authority to consider your
appeal. Motions to extend the deadline for filing the notice of appeal are
prohibited and cannot be filed.
It is important to remember that you must fully comply with the Rules
of Practice of the Supreme Court of Ohio. If you do not comply with
the rules and your documents are returned to you, you must submit
corrected documents within the original deadline or your appeal will
not be accepted for filing.
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A Guide to Filing in The Supreme Court of Ohio
FILING DEADLINES
FOR JURISDICTIONAL APPEALS & APPEALS OF RIGHT
Appeal Appeal
INVOLVING NOT INVOLVING
Termination of Parental Termination of Parental
Rights or Adoption Rights or Adoption
Notice of Appeal 45 days from the date 45 days from the date
of the entry of judgment of the entry of judgment
being appealed. being appealed.
Reply Brief Within 15 days after the Within 20 days after the
appellee’s merit brief is appellee’s merit brief is
filed. filed.
Motion for Must be filed within the Must be filed within the
Extension of Time time allowed for filing time allowed for filing
to File a Merit Brief the brief. Each party is the brief. Each party is
Not permitted for allowed only one request allowed only one request
jurisdictional memoranda for extension. for extension.
Motion for Within 10 days after the Within 10 days after the
Reconsideration Supreme Court’s final Supreme Court’s final
order. order.
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A Guide to Filing in The Supreme Court of Ohio
Submit a
$100 FILING FEE File a
OR MEMORANDUM
AND FOR IN SUPPORT OF
File a AFFIDAVIT OF JURISDICTIONAL
NOTICE APPEALS JURISDICTION
AND INDIGENCE
OF APPEAL This document is
OR
required if you are filing
ENTRY a jurisdictional appeal
APPOINTING (see p. 9).
COUNSEL
7
A Guide to Filing in The Supreme Court of Ohio
OR OR
Affidavit of Indigence Affidavit of Indigence
IN THE SUPREME COURT OF OHIO
I, Pro S. Filer, do hereby state that I am without the necessary funds to pay IN THE SUPREME COURT OF OHIO
the costs of this action for the following reasons:
I, Pro S. Filer, do hereby state that I am without the necessary funds to pay
I am incarcerated at Marion Correctional Institution and the costs of this action for the following reasons:
I have been incarcerated since 10/13/2006. I work in the prison
but receive only $17.00 per month. I am incarcerated at Marion Correctional Institution and
I have been incarcerated since 10/13/2006. I work in the prison
Pursuant to Rule 3.06(A) of the Rules of Practice of the Supreme Court of Ohio, I am but receive only $17.00 per month.
requesting that the filing fee and security deposit, if applicable, be waived.
Pursuant to Rule 3.06(A) of the Rules of Practice of the Supreme Court of Ohio, I am
requesting that the filing fee and security deposit, if applicable, be waived.
Pro S. Filer
____________________________
Pro se Filer
Pro S. Filer
____________________________
Sworn to Before me and Subscribed in Pro se Filer
My Presence this 16thday of November, 2008.
Sworn to Before me and Subscribed in
My Presence this 16thday of November, 2008.
JoAnne Notary
____________________________
JoAnne Notary
JoAnne Notary
____________________________
JoAnne Notary
+ If your case is an
!
IN THE SUPREME COURT OF OHIO
appeal of right or an
administrative agency
appeal, a copy of
Memorandum in Support
the court of appeals
judgment entry or the
agency decision being
appealed must be
attached to your notice
of appeal.
8
A Guide to Filing in The Supreme Court of Ohio
A. Types of Appeals
This guide covers the three types of appeals that can be filed at the Supreme
Court:
1. JURISDICTIONAL APPEAL
A jurisdictional appeal is an appeal ju·ris·dic·tion·al
that claims to involve a substantial mem·o·ran·da
constitutional question involving
either the U.S. or Ohio Constitution,
(Rules 7.02 and 7.03)
Memorandum in support of jurisdiction
and memorandum in response;
an appeal that involves a felony or
documents that include arguments to
an appeal that involves a question convince the Supreme Court that it
of public or great general interest. should either accept or decline an appeal.
With these cases, the Supreme
Court exercises what is called its
“discretionary jurisdiction,” meaning it can choose to accept the appeal or
choose not to accept it. The Supreme Court will decide whether to accept
a jurisdictional appeal after it reviews the jurisdictional memoranda, the
court of appeals decision, and the court of appeals judgment entry.
2. APPEAL OF RIGHT
An appeal of right is an appeal from a court of appeals decision (or, an
appeal “of” a court of appeals decision) in a case that began in the court of
appeals.
B. Notice of Appeal
You must file a notice of appeal with all types of appeals addressed in this
guide. The notice of appeal must be filed within the number of days listed
below based on the type of appeal you are filing.
1. JURISDICTIONAL APPEAL
The notice of appeal must be filed within 45 days of the date that the court
of appeals filed its judgment entry with its clerk.
2. APPEAL OF RIGHT
The notice of appeal must be filed within 45 days of the date that the court
of appeals filed its judgment entry with its clerk.
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A Guide to Filing in The Supreme Court of Ohio
ORIGINAL
+1
When filing in person or regular mail, the original of any
NOTE hard-copy document you file in the Supreme Court of Ohio
must be in scan-ready form, which means single-sided,
not stapled or otherwise bound, and not containing COPY
dividers or tabs. The person filing a scan-ready document REQUIRED
is responsible for removing personally identifying
information, such as Social Security numbers, bank account
numbers and the names of juveniles. To identify such
information, you should file a personal identifier form,
available as Appendix B to this guide, and as Appendix B to
NO
COPIES
the Rules of Practice of the Supreme Court. REQUIRED
10
A Guide to Filing in The Supreme Court of Ohio
11
A Guide to Filing in The Supreme Court of Ohio
2. SECOND PAGE
The second page of your notice of appeal must include:
a. The case name assigned by the court of appeals or administrative
agency
b. The case number assigned by the court of appeals or administrative
agency
c. The date the court of appeals or administrative agency filed the
judgment entry with the clerk
d. If it is a jurisdictional appeal or appeal of right, include a statement
that one or more of the following apply to your appeal:
i. The case originated in the court of appeals
ii. The case raises a substantial constitutional question
iii. The case involves a felony
iv. The case is one of public or great general interest
v. The case involves the termination of parental rights or adoption
of a minor child, or both
vi. The case is an appeal of a court of appeals decision under
Appellate Rule 26(B)
e. Your signature.
3. CERTIFICATE OF SERVICE
A certificate of service, or statement, You are still responsible
for including a certificate
indicating that you provided a copy of
of service and serving
the document to the attorney for the other your documents even if
party in the case. If the other party is not you file your case through
represented by an attorney, you should the e-Filing Portal.
provide a copy directly to the party.
12
A Guide to Filing in The Supreme Court of Ohio
p p e al
t i c e of A
N o
d. Title of
document g. Name and address
of appellee or of
appellee’s attorney
e, f. Appellant’s
name and
address
ap·pel·lee
The party who does not seek to oppose
the decision of the lower court.
ap·pel·lant
The party who appeals a lower court
decision. The appellant believes the
lower court’s decision contains errors
and wants to have it reversed or
modified.
13
A Guide to Filing in The Supreme Court of Ohio
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14
A Guide to Filing in The Supreme Court of Ohio
C. Filing Fee
A $100 filing fee is required to file all appeals or original actions with the
Supreme Court.
You can pay the fee with cash; check or money order; or American Express,
Discover, MasterCard, or VISA. Checks or money orders should be made
payable to “Clerk, Supreme Court of Ohio” or “Supreme Court of Ohio.”
If you cannot afford to pay the fee, you can file your case by filing one of two
documents:
1. A copy of an entry from a court appointing counsel
2. A notarized affidavit of indigence (see sample, p. 14).
To file an affidavit of indigence you can use Appendix C to this guide or
Appendix A to the Supreme Court Rules of Practice.
To complete the affidavit of indigence form, write your name on the first
line and the reasons you are unable to pay the fee in the blank space near the
middle of the page. Sign the document in front of a notary public and have it
notarized. An affidavit of indigence older than six months cannot be used.
15
A Guide to Filing in The Supreme Court of Ohio
NO
+4
The page limit for the memorandum.
Page limit: 15 [Rule 7.02(B)].
COPIES
REQUIRED COPIES
REQUIRED
16
A Guide to Filing in The Supreme Court of Ohio
A source, such as a statute or case, that
statement.
is cited, or referenced, in support of an
The memorandum in support of argument.
jurisdiction must include a cover
page, a table of contents, a case
prop·o·si·tion of law
history and arguments in support of
your propositions of law in the body A statement of a legal issue being raised
for the court’s consideration.
of the memorandum, your signature,
a certificate of service and the
attachments listed on p. 19.
FOR EACH PART OF YOUR MEMORANDUM IN
SUPPORT OF JURISDICTION.
17
A Guide to Filing in The Supreme Court of Ohio
1. Cover page
F OHIO
RT O
ME COU
U PRE
HE S
IN T
2. Table of Contents
3. Body
4. Signature
5. Certificate of Service
p port
S u
r a nd um in Your memorandum in support
6. Attachments
(see p. 19)
18
A Guide to Filing in The Supreme Court of Ohio
1. COVER PAGE
This should be prepared the same way as the cover page for your notice
of appeal, except that it should be titled “Memorandum in Support of
Jurisdiction.”
2. TABLE OF CONTENTS
The table of contents should list the propositions of law that form the basis
for your appeal.
3. BODY
The body of your memorandum in support of jurisdiction must be no
more than 15 pages, not including the cover page, the table of contents,
signature, certificate of service, and attachments. The body of the
memorandum must contain the following:
• The history of the case
• Your arguments in support of your propositions of law.
4. SIGNATURE
Your memorandum in support of jurisdiction must If e-Filing, you may
include your signature. Your signature can be scan your signature or
included at the end of the 15-page body of your use /s plus your printed
name. See Rule 3.08.
memorandum or it can be alone on a 16th page.
5. CERTIFICATE OF SERVICE
A certificate of service, or statement, indicating that you provided a copy
of the document to the attorney for the other party in the case. If the other
party is not represented by an attorney, you should provide a copy directly
to the party.
6. ATTACHMENTS
The memorandum in support of jurisdiction must contain the following
attachments:
a. A date-stamped copy of the court of appeals opinion being appealed
b. A date-stamped copy of the court of appeals judgment entry being
appealed.
Other court decisions issued in the case being appealed may also be
attached. Prohibited items are listed below.
7. PROHIBITED ATTACHMENTS
The following items are prohibited:
a. Affidavits
b. Newspaper articles
c. Documents filed in the trial court or court of appeals
d. Other evidence.
19
A Guide to Filing in The Supreme Court of Ohio
1. NOTICE OF APPEAL
Rule 7.01(B) lists the information that must be contained in the notice
of appeal. Like any document filed in the Supreme Court, the notice of
appeal also must comply with Rule 3.09, but can be neatly handwritten
rather than typed if it is an emergency.
Be sure your notice of appeal contains a cover page, the required
information on the second page, and a certificate of service.
20
A Guide to Filing in The Supreme Court of Ohio
b. SECOND PAGE
The second page of your notice of appeal must include:
i. The case name assigned by the court of appeals
ii. The case number assigned by the court of appeals
iii. The date the court of appeals filed the judgment entry
with the clerk
iv. A statement that the case involves a felony
v. Your signature.
c. CERTIFICATE OF SERVICE
You are still responsible for
A certificate of service, or statement, including a certificate of
indicating that you provided a copy service and serving your
of the document to the attorney for documents even if you
the other party in the case. If the other file your case through the
e-Filing Portal.
party is not represented by an attorney,
you should provide a copy directly to
the party.
+5
includes the reasons the appeal was not filed on time. The motion
for delayed appeal must include a cover page, some specific
information in the body of the motion, a certificate of service, and COPIES
some specific attachments. REQUIRED
a. COVER PAGE
The cover page must include:
i. The case name assigned by the court of appeals
NO
COPIES
REQUIRED
ii. The case number assigned by the court of appeals
iii. An indication that the case is an appeal and the name
of the court or agency from which it is being appealed
iv. The title of the document (that is, “Motion for Delayed
Appeal”)
v. Filing party or attorney’s name
vi. Filing party or attorney’s address
vii. The name and address for the other party’s attorney in the case.
If the party does not have an attorney, include the party’s name
and address instead.
21
A Guide to Filing in The Supreme Court of Ohio
a. BODY
The motion for delayed appeal should contain the following
information:
i. The date of the court of appeals decision being appealed
ii. The reason or reasons you did not file the case on time.
b. CERTIFICATE OF SERVICE
A certificate of service indicating that You are still responsible
for including a certificate
you provided a copy of the document
of service and serving
to the attorney for the other party your documents even if
in the case. If another party is not you file your case through
represented by an attorney, you should the e-Filing Portal.
provide a copy directly to that party.
c. ATTACHMENTS
The following documents must be attached to the motion for
delayed appeal:
i. A notarized affidavit containing facts that support your motion
for delayed appeal
ii. A date-stamped copy of the court of appeals opinion being
appealed
iii. A date-stamped copy of the court of appeals judgment entry
being appealed.
C. Filing Fee
A $100 filing fee is required to file all appeals with the Supreme Court.
You may pay the fee with cash; American Express, Discover, MasterCard, or
VISA; or a check or money order made payable to “Clerk, Supreme Court of
Ohio” or “Supreme Court of Ohio.”
22
A Guide to Filing in The Supreme Court of Ohio
If you cannot afford to pay the fee, you can file your case by filing one of two
documents:
1. A copy of an entry from a court appointing counsel to represent you
2. A notarized affidavit of indigence (see pp. 14 and 15).
1. MANDAMUS
A writ issued by the Supreme Court to compel a lower court or
a government officer to perform mandatory or purely ministerial
duties correctly.
2. PROHIBITION
A writ issued by the Supreme Court to prevent a lower court
from exceeding its jurisdiction or to prevent a non-judicial
officer or entity from exercising a power.
3. PROCEDENDO
A writ issued by the Supreme Court directing a lower court to
enter a judgment in a case.
4. QUO WARRANTO
A writ issued by the Supreme Court to a public officer to vacate
the office for lack of authority.
5. HABEAS CORPUS
A writ issued by the Supreme Court to inquire into the legality
of a party’s imprisonment or detention.
23
A Guide to Filing in The Supreme Court of Ohio
b. Caption
HIO
OF O
URT
E CO
PREM
E SU
IN TH
l a in t
om p
C
c. Title of
document d. Name and address
of respondents
e, f. Relator’s name
and address re·spond·ent
The person(s) or agency against whom
the original action is being filed.
relator
The person filing the original action.
24
A Guide to Filing in The Supreme Court of Ohio
B. Complaint
You must file a complaint (or petition if filing for a writ of habeas corpus) in
order to initiate an original action. The requirements for the complaint are
listed below:
2. SECOND PAGE
The second page (and additional pages as needed) of your complaint must
include:
a. Specific statements of fact that support your claim for relief
b. A statement of all the relief sought (i.e. tell the court what action
you want the court to take).
3. AFFIDAVIT IN SUPPORT
All original actions must have an affidavit in support attached to the
complaint, or made part of the complaint. The affidavit must meet the
following requirements:
a. Specifically state the details of the claim
b. The affidavit in support must indicate that the facts were made
on personal knowledge and show that the affiant (the person
swearing to the truth of the affidavit) is competent to testify to all
matters stated in the affidavit.
4. CERTIFICATE OF SERVICE
A certificate of service is not required for a complaint in an original action
because the clerk’s office serves the complaint at the addresses listed for
the respondents.
25
A Guide to Filing in The Supreme Court of Ohio
2. SECURITY DEPOSIT
Except in habeas corpus cases, a $100 security deposit is required to
file all original actions with the Supreme Court. The security deposit is
used for postage costs to serve the complaint by certified mail on the
respondents. Any unused portion of the security deposit will be refunded
to the person who initiated the case within 2 to 4 months after completion
of the case.
You may pay the security deposit with cash, American Express, Discover,
MasterCard, or VISA; or a check or money order made payable to “Clerk,
Supreme Court of Ohio” or “Supreme Court of Ohio.”
AFFIDAVIT OF INDIGENCE
If you cannot afford to pay the filing fee and security deposit to initiate
an original action, you can file a case by submitting a notarized affidavit of
indigence with the complaint (see pp. 14 and 15).
26
A Guide to Filing in The Supreme Court of Ohio
IV. MOTIONS
Motions are written statements to a court asking for mo·tion
a particular result. For example, a motion to “stay” a
court of appeals decision asks the Supreme Court to
issue an order delaying the date the court of appeals
A written statement asking
a court for a specific result.
A. Mechanical Requirements
Any motion or memorandum opposing a motion must have a cover page and a
certificate of service.
2. CERTIFICATE OF SERVICE
You are still responsible for
A certificate of service, or statement, including a certificate of
indicating that you provided a copy of the service and serving your
document to the attorney for the other party in documents even if you
the case. If the other party is not represented file your case through the
by an attorney, you must provide a copy e-Filing Portal.
directly to the party.
27
A Guide to Filing in The Supreme Court of Ohio
SAMPLE MOTION
HIO
Your eight-digit
RT OF O Supreme Court
COU
EME case number starts
E SUPR
IN TH with the year your
case was filed.
- 1 40 9
20 1 5
S t a y
t i on for
M o ORIGINAL
+5
COPIES
REQUIRED
NO
COPIES
REQUIRED
28
A Guide to Filing in The Supreme Court of Ohio
29
A Guide to Filing in The Supreme Court of Ohio
S E NO.
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30
A Guide to Filing in The Supreme Court of Ohio
V. MERIT BRIEFS
You cannot file a merit brief unless your case is an
appeal of right, an administrative agency appeal, or
!
You will receive a decision
the Supreme Court accepts your appeal or issues an through the mail telling you if
the Supreme Court has accepted
alternative writ in an original action.
or declined your appeal. If the
court accepts your appeal, you
A. Appeals will receive a notice of the date
the record was filed. The deadline
Three merit briefs are usually filed: for your merit brief is computed
1. Appellant’s merit brief (filed first) from the date the record is filed,
2. Appellee’s merit brief (filed second) not from the date you receive the
3. Appellant’s reply brief (filed last). notice.
31
A Guide to Filing in The Supreme Court of Ohio
B. Original Actions
If an alternative writ is issued, then evidence and merit briefs will be filed by
all parties to the case. The alternative writ order will state the time for filing,
but generally the order for filing is as follows:
1. Evidence submitted by both relator and respondent(s)
2. Relator’s merit brief (filed after the evidence)
3. Respondent’s merit brief
4. Relator’s reply brief. 1. EVIDENCE
The due date for the evidence will be set by the court’s alternative writ
order. Permissible forms of evidence that may be filed are listed in S.Ct.
Prac.R. 12.06 and include:
a. Agreed statement of facts (both parties agree to the facts in the
document)
b. Affidavits – made on personal knowledge
c. Depositions
d. Exhibits
e. Stipulations.
32
A Guide to Filing in The Supreme Court of Ohio
NO
COPIES
REQUIRED +9
COPIES
REQUIRED
Page limit:
• Appellant/Relator’s brief - 50 [Rule 16.02(C)]
• Appellee/Respondent’s brief - 50
[Rule 16.03(C)]
• Reply brief - 20 [Rule 16.04(B)].
33
A Guide to Filing in The Supreme Court of Ohio
CAN CANNOT
Provide information on how to Tell you whether you should file an
appeal a case or file an original appeal or an original action
action
Tell you what words to use in your
Provide you with contact documents
information for resources where
you can get legal help Give you an opinion about
what will happen if your case is
Give you general information accepted for review
about the Supreme Court Rules of
Practice Tell you what to say in oral
arguments
Provide oral argument schedules
Tell you when the Supreme Court
Answer questions about filing will rule on a particular matter
deadlines
Let you talk with a justice outside
of court
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A Guide to Filing in The Supreme Court of Ohio
B. Contact Information
SUPREME COURT HOLIDAYS
The Supreme Court of Ohio Office of
the Clerk is located at 65 South Front NEW YEAR’S DAY
January 1
Street, 8th Floor, Columbus, Ohio
MARTIN LUTHER KING JR. DAY
43215-3431. The phone number is Third Monday in January
614.387.9530.
PRESIDENTS DAY
Hours of operation are from 8 a.m. Third Monday in February
to 5 p.m., Monday through Friday, MEMORIAL DAY
excluding holidays. Last Monday in May
INDEPENDENCE DAY
Filings are accepted through the July 4
e-Filing Portal (www.supremecourt. LABOR DAY
ohio.gov/clerk/eFiling), by hand First Monday in September
delivery, or by mail addressed to the VETERANS DAY
November 11
following address:
THANKSGIVING DAY
Fourth Thursday in November
Office of the Clerk
Supreme Court of Ohio DAY AFTER THANKSGIVING
65 South Front Street, 8th Floor CHRISTMAS
December 25
Columbus, Ohio 43215-3431
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A Guide to Filing in The Supreme Court of Ohio
C. Driving Directions
1. FROM THE NORTH
Take I-71S to I-670 (exit 109A); go west and follow to Third Street (exit
4B). Take Third Street to State Street. Turn right onto State Street. Follow
State Street two blocks to Front Street. Turn right onto Front Street. The
Moyer Judicial Center will be on the left side of Front Street.
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A Guide to Filing in The Supreme Court of Ohio
D. Parking Information
Parking is available in the LeVeque Tower Parking Garage on Front Street just
north of the Moyer Judicial Center, with entrances on Front Street and Gay
Street.
Visitors also can park in the Huntington Center Garage across Front Street
from the Moyer Judicial Center by turning right onto Capital Street from the
easternmost lane of Front Street and then turning right immediately into the
garage.
PARKING OPTIONS
Gay Street
Thomas J. Moyer Ohio Judicial Center
4
1 Ohio Statehouse Underground Parking $$
2 Columbus Commons Underground Parking $$
Broad Street 3 Columbus Commons Garage $$
5 4 LeVeque Tower Parking Garage $$$$
5 Huntington Bank Parking Garage $$$
Civ
6 1
ic Cen
State Street
High Street
Town Street
2
7
Rich Street
Main Street
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A Guide to Filing in The Supreme Court of Ohio
www.supremecourt.ohio.gov/clerk
Court holidays when the court is closed are posted under “General
Information” on the clerk’s home page. Court holidays are also listed on
pp. 35 and 45 of this guide.
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A Guide to Filing in The Supreme Court of Ohio
B. Courts of Appeals
The courts of appeals are established by Article IV, Section 1, of the Ohio
Constitution and their jurisdiction is outlined in Article IV, Section 3. As the
intermediate-level appellate courts, their primary function is to hear appeals
from the common pleas, municipal, and county courts. Each case is heard and
decided by a three-judge panel.
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A Guide to Filing in The Supreme Court of Ohio
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A Guide to Filing in The Supreme Court of Ohio
SUPREME COURT
Chief Justice and Six Justices
Court of last resort on state constitutional
questions of public or great general interest; appeals
from some administrative agencies; all death sentences;
original jurisdiction in select cases.
COURT OF APPEALS
Twelve Districts, Three-Judge Panels
Appellate review of judgments of common pleas,
municipal, and county courts; appeals from Board
of Tax Appeals; original jurisdiction in select cases.
MAYOR’S COURTS
Not courts of record.
Violations of local ordinances and state traffic laws.
Matters can be reheard in municipal or county courts.
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A Guide to Filing in The Supreme Court of Ohio
?
VIII. FREQUENTLY ASKED QUESTIONS (FAQ)
The Supreme Court of Ohio Office of the Clerk has prepared
these questions and answers to provide general information about
filing cases in the Supreme Court of Ohio. This information is not a
replacement for the Rules of Practice of the Supreme Court of Ohio.
Attorneys and self-represented parties should always refer to the Rules
of Practice for information that addresses their specific issues and
circumstances. The information in the Rules of Practice takes precedence
over the information in the FAQ.
A. Filing an Appeal
What documents do I need to file to appeal a court of appeals
decision to the Supreme Court? [Rules 6.01, 7.01 and 7.02]
This depends on the type of appeal. To file a jurisdictional appeal,
you must file a notice of appeal and a memorandum in support of
jurisdiction. A copy of the court of appeals opinion and judgment
entry being appealed must be attached to your memorandum.
To file an appeal of right, you must file a notice of appeal. A copy of
the judgment entry being appealed must be attached to your notice of
appeal, but a memorandum in support of jurisdiction is not required
in an appeal of right.
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A Guide to Filing in The Supreme Court of Ohio
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A Guide to Filing in The Supreme Court of Ohio
After an appeal is filed, when will the Supreme Court reach a decision
on accepting the the appeal?
Generally, the court announces its decision to accept or decline an appeal
three to six months after the memorandum in response is filed.
If the appeal involves termination of parental rights or adoption of a
minor child, or both, the Supreme Court will expedite its review and
determination.
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45
A Guide to Filing in The Supreme Court of Ohio
1
If an appeal is not allowed, the case is dismissed.
Appeal 45 30 20 40 30
days days days days days
NOT INVOLVING
Termination of
Parental Rights
or Adoption Court of Court of
appeals Appellee appeals
enters files record is
judgment. memorandum filed in Appellee
Rule 7.01(A) in response. Supreme files:
(1)(a)(i) Rule 7.03 Court. • Merit brief
Rule 16.03
• Second
Appellant
supplement
files in
(civil cases
Supreme Court:
If case is an appeal of only).
• Notice Supreme
right, no jurisdictional Rule 16.09(C)
of appeal Court
memorandum is filed.
Rule 7.01(A)(1) decides
The Supreme Court of
• Filing fee, entry jurisdiction.
Ohio Office of the Clerk
appointing If appeal is
will order the court of
counsel, or allowed,
appeals to transmit the Appellant
affidavit of Supreme
record (Rule 15.03) after files:
indigency. Court of
the notice of appeal is • Merit brief
Rules 3.04 & 3.06 Ohio Office
filed. The appellant’s Rule 16.02
If case is a of the Clerk
merit brief is due 40 days • Second
jurisdictional appeal, orders
after the court of appeals supplement
appellant court of
record is filed in the (if needed).
also files: appeals to
Supreme Court. Rule 16.09(A)
• Memorandum transmit
in support of record.
jurisdiction. Rule 15.03
Rule 7.02
2
Appeal
INVOLVING
IN
Termination of 45 20 20 20 20
Parental Rights days days days days days
or Adoption If an appeal is not allowed, the case is dismissed. STOP
If no appeal is filed, the Supreme Court loses authority to review case. STOP
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A Guide to Filing in The Supreme Court of Ohio
If case is a
jurisdictional
Court
appeal,
decision
notice
announced.
of oral
Rule 18.01
argument
is issued.
Appellant
may file Any party
reply can file a
brief. motion for
Rule 16.04 reconsideration.
Oral Rule 18.02
argument
held.
• Any party
can file
list of
Any party
additional
can file a
authorities.
memorandum
Rule 17.08
opposing
• Any party
motion for
can file
reconsideration.
waiver
Rule 18.03
of oral
argument.
Rule 17.03(A)
15 7 10 10
days days days days
Oral arguments rarely are
held in an appeal of right.
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A Guide to Filing in The Supreme Court of Ohio
The same is true if the Supreme Court of Ohio Office of the Clerk closes
early for some reason on the day your document is due.
For example, if your filing deadline falls on Saturday, your document
would be due Monday. If Monday is a state holiday, then your document
would be due Tuesday.
Even though the Supreme Court of Ohio Office of the Clerk is open
on Columbus Day, that day is considered a legal holiday for purposes
of determining filing deadlines; therefore, documents that are due on
Columbus Day are considered on time if filed the following day. Similarly,
filings that fall due on the day after Thanksgiving, a day the Supreme
Court of Ohio Office of the Clerk is closed, are considered timely if filed
the following Monday.
If I submit a document for filing by mail, is it considered filed with the
Supreme Court when it is mailed? [Rule 3.02(A)(4)]
No. Documents, submitted by mail or some other delivery service, are
not considered filed until they are received in the Supreme Court of Ohio
Office of the Clerk and accepted for filing. Therefore, if you submit
documents by mail, you should send them far enough in advance of the
due date so they arrive by the due date.
Please note that a delivery confirmation indicating final delivery
from the U.S. Postal Service or any other delivery service does not
necessarily mean your package is in the Supreme Court of Ohio Office
of the Clerk and does not mean your documents were received and
accepted for filing by the Supreme Court of Ohio Office of the Clerk.
To confirm the Supreme Court of Ohio Office of the Clerk has received
your package, or to confirm that your documents have been filed, call
614.387.9530 and ask to speak to a deputy clerk.
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A Guide to Filing in The Supreme Court of Ohio
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A Guide to Filing in The Supreme Court of Ohio
What are some common mistakes people make when filing documents
in the Supreme Court?
• Forgetting to submit a filing fee, entry appointing counsel, or affidavit
of indigence with their notice of appeal
• Submitting documents after the filing deadline
• Not submitting enough copies of a document
• Exceeding the page limit for a jurisdictional memorandum or merit
brief
• Forgetting to attach a copy of the decision being appealed to a
memorandum in support of jurisdiction or to an appellant’s brief
• Attaching a notice of appeal to the front of a memorandum in support
of jurisdiction
• Including prohibited materials in the appendix to a memorandum in
support of jurisdiction
• Submitting a memorandum in support of jurisdiction with the notice
of appeal in an appeal of right
• Leaving the Supreme Court case number off a document’s cover page
• Not fastening their documents securely
• Using plastic or colored covers, tabs, or inserts to bind their
documents
• Using margins smaller than one inch, a font smaller than 12 points, or
single-spaced, or condensed type
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A Guide to Filing in The Supreme Court of Ohio
What is the time frame for filing merit briefs? [Rules 16.02 - 16.04]
1. The appellant’s merit brief is due 40 days from the date the court of
appeals record is filed in the Supreme Court.
2. The appellee’s brief is due within 30 days after the filing of the
appellant’s brief.
3. The appellant can file the last brief — a reply brief — and it is due
within 20 days after the filing of the appellee’s brief.
In appeals involving termination of parental rights or adoption of a minor
child, the briefing schedule is expedited:
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A Guide to Filing in The Supreme Court of Ohio
1. The appellant’s merit brief is due 20 days from the date the court
of appeals record is filed in the Supreme Court.
2. The appellee’s brief is due 20 days after the filing of the
appellant’s brief.
3. The reply brief is due 15 days after the filing of the appellee’s
brief.
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A Guide to Filing in The Supreme Court of Ohio
IX. GLOSSARY
AFFIDAVIT
A voluntary written statement of facts that is sworn to or affirmed before a notary
public. It is signed by the person making the statement and the notary and contains the
notary’s jurat.
AFFIDAVIT OF INDIGENCE
An affidavit stating that the person who swears to it or affirms it cannot afford to pay
the filing fee. The affidavit states the reasons the person is unable to pay the cost and
must be prepared no more than six months before the case is filed.
APPEAL
A higher court’s review of a lower court or administrative agency decision. (See
jurisdictional appeal.)
APPELLANT
The party who appeals a lower court or administrative agency decision. The appellant
believes the lower court or administrative agency decision contains errors and wants to
have it reversed or modified.
APPELLEE
The party who does not seek to oppose the decision of the lower court or administrative
agency.
APPENDIX
Materials attached to a memorandum or brief.
ARGUMENT
A short and concise written statement in support of the position a party wishes the court
to adopt.
ATTORNEY
A person who is admitted to the practice law; also referred to as a lawyer, counselor, or
counsel.
CASE NAME
The name assigned to an appeal by the court of appeals.
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A Guide to Filing in The Supreme Court of Ohio
CASE NUMBER
A unique number assigned to a case by each court. In the Supreme Court, the case
number is an eight-digit number that begins with the year the case is filed, for example,
1999-1673.
CERTIFICATE OF SERVICE
A signed statement that indicates an exact copy of a document filed with the Supreme
Court was provided to every other party in the case. The statement must indicate the
names and addresses of everyone who receives a copy, when they were given a copy,
and how the copy was given or sent to them (for example, by hand delivery or by first-
class mail). All documents offered for filing in the Supreme Court of Ohio must contain
a certificate of service.
CIVIL CASE
A non-criminal case that seeks a particular legal remedy. A civil case usually involves
money damages.
COURTS OF APPEAL
Courts that review decisions of a trial court. In Ohio, there are 12 appellate districts.
Generally, a person must file an appeal in a court of appeals before asking the Supreme
Court to review a case.
CRIMINAL CASE
A proceeding that determines a person’s guilt or innocence or sentences a convicted
person, or an appeal of those decisions.
DATE OF DECISION
The date that is file-stamped (right) on the judgment by
the clerk for the court of appeals. This date is the date the
judgment was filed for journalization.
DECISION
The court of appeals judgment entry and opinion being appealed.
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A Guide to Filing in The Supreme Court of Ohio
DELAYED APPEAL
An appeal filed more than 45 days from the date of the court of appeals judgment. A
delayed appeal can be filed only in a case convicting a defendant of a felony.
DIVESTED OF JURISDICTION
No longer having authority to review a case.
DOCKET
The list of all proceedings and filings in a case.
E-FILING
Documents that are submitted through the Supreme Court of Ohio’s e-Filing portal. No
other form of electronic submission is permitted.
ENTITY
An organization (business, government, or otherwise) that exists separately from
individual people.
EXPEDITE
To accelerate. The court can decide to accelerate the progress of a pending matter either
on its own or in response to a motion to expedite.
FELONY
A criminal proceeding involving a serious crime as defined by statute. Felonies are
usually punishable by imprisonment for more than one year.
FILE
The on-time submission of case-related documents in accordance with the Supreme
Court Rules of Practice that are accepted and added to the docket by the Supreme Court
of Ohio Office of the Clerk.
FILING DEADLINE
The date a document must be filed in the Supreme Court of Ohio Office of the Clerk.
The Clerk’s Office is open to receive paper filings from 8 a.m. – 5 p.m., Monday
through Friday, excluding holidays. Paper documents and all required copies must be in
the Clerk’s Office and in full compliance with the Rules of Practice by 5:00 p.m. local
observed time in Columbus, Ohio on or before the date they are due. Documents that
are submitted through the e-Filing portal must be submitted and in full compliance with
the Rules of Practice by 11:59:59 p.m. local observed time in Columbus, Ohio on or
before the date they are due.
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A Guide to Filing in The Supreme Court of Ohio
FILING FEE
The sum of money that must be paid before a case can be filed with the Supreme Court.
JUDGMENT ENTRY
A court’s written decision in a case.
JURISDICTION
A court’s authority to decide a case or issue an order.
JURAT
A statement at the end of an affidavit that indicates the date the affidavit was sworn to
or affirmed and signed in a notary public’s presence. A jurat must include the notary’s
signature and seal.
LEGAL AUTHORITY
A source, such as a statute or case, cited in support of an argument.
MEMORANDUM
A written statement explaining a party’s argument and how it is supported by relevant
legal authority.
MEMORANDUM IN OPPOSITION
A written statement opposing a motion. The memorandum should be supported by
relevant legal authority.
MEMORANDUM IN RESPONSE
A written statement explaining an appellee’s position on whether the Supreme Court
should accept an appeal. The memorandum should be supported by relevant legal
authority.
MERIT BRIEF
A document containing factual statements, legal arguments, and the authorities
supporting those arguments.
MOTION
A written request asking a court for a particular remedy or result.
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A Guide to Filing in The Supreme Court of Ohio
NOTARY PUBLIC
A person authorized to administer oaths, certify documents, and attest to the
authenticity of signatures.
NOTICE OF APPEAL
A document filed with the Supreme Court of Ohio Office of the Clerk to appeal a
decision from a court of appeals to the Supreme Court. The notice of appeal identifies
the date of the decision being appealed.
OPINION
A court’s written statement explaining its final decision in a case.
ORAL ARGUMENT
A spoken presentation before the Supreme Court in support of the position the party
wants the Supreme Court to adopt. The Supreme Court schedules oral argument only in
limited circumstances.
ORIGINAL
The document from which a copy is made; usually includes the original signature of the
person filing the document.
PERFECT AN APPEAL
To submit the documents and fee necessary to institute an appeal with the Supreme
Court in a timely fashion and in compliance with the Supreme Court Rules of Practice.
PRO BONO
From the Latin “pro bono publico,” meaning, “for the public good.” Legal services
performed pro bono are performed by a licensed attorney without any expectation of
compensation.
PRO SE
Latin for “for one’s self.” A person appearing pro se or filing pro se in a court does so
without the assistance of a licensed attorney.
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A Guide to Filing in The Supreme Court of Ohio
PROPOSITION OF LAW
A statement of the legal issues being raised for Supreme Court consideration.
RECORD
The official report of the proceedings in a case that is being appealed. The record
includes the original papers and exhibits to those papers, the transcript of proceedings
and tangible exhibits, certified copies of the journal entries, and dockets. The record is
filed in the Supreme Court only by court order.
REMEDIES
The enforcement of rights and redress of wrongs.
SCAN-READY
Single-sided, not stapled or otherwise bound, and not containing dividers or tabs. The
person filing a scan-ready document is responsible for removing personally identifying
information, such as Social Security numbers, bank account numbers, and the names of
juveniles.
STAY
An order suspending or postponing all or part of a judicial proceeding or the judgment
from that proceeding. For example, a judge might issue an order postponing the date a
defendant must pay a fine until the defendant appeals his or her conviction.
STIPULATION
A voluntary agreement between parties. In the Supreme Court of Ohio, parties can file
a stipulation to an agreed extension of time to file a merit brief, agreeing to give a party
up to 20 extra days to submit a merit brief. Each party can receive only one extension
of time to file a merit brief.
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A Guide to Filing in The Supreme Court of Ohio
TABLE OF AUTHORITIES
An alphabetical list of all cases, constitutional provisions, statutes, or other legal
authorities referred to (or, “cited”) in a brief. It must reference the page or pages on
which each legal authority is cited.
TABLE OF CONTENTS
A list of the sections of a document and the page number on which each section begins.
WAIVER
A document filed to notify the court and other parties that the filer will not respond to a
pleading (a motion, memorandum, or brief) or participate in oral argument.
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A Guide to Filing in The Supreme Court of Ohio
APPENDIX A
OHIO BAR ASSOCIATIONS AND LEGAL CLINICS
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A Guide to Filing in The Supreme Court of Ohio
You are strongly encouraged to hire an attorney if you are appealing a decision or
defending an appeal. The booklet, A Consumer’s Practical Guide to Managing a
Relationship with a Lawyer, developed by the Lawyers’ Fund for Client Protection and
the Supreme Court Commission on Professionalism, will help you understand what
services you should expect from an attorney and what is expected of you. An attorney
may or may not agree to represent you in this matter.
You should be prepared to pay for the services performed by an attorney. Depending on
your income, you may qualify for legal aid. To contact an Ohio civil legal aid provider,
call 1-866-LAW-OHIO (1-866-529-6446).
The Supreme Court of Ohio does not appoint attorneys for purposes of filing an appeal.
The organizations listed below may help you find an attorney, but they will not offer
legal advice over the phone.
The Office of the Ohio Public Defender has pro se packets available through its
website at http://opd.ohio.gov/RC_MotionsManual/RC_MotionsManual.htm.
www.akronbar.org
www.butlercountybar.org
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A Guide to Filing in The Supreme Court of Ohio
http://law.capital.edu/Legal_Clinic/
www.clemetrobar.org
66
A Guide to Filing in The Supreme Court of Ohio
www.peoplesbar.org
http://publicdefender.cuyahogacounty.us
http://www.daybar.org/public/lrs/
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A Guide to Filing in The Supreme Court of Ohio
http://www.hamiltoncountypd.org/
www.mahoningbar.org
http://www.medinabar.org/literature/
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A Guide to Filing in The Supreme Court of Ohio
http://law.case.edu/clinic
www.mcohio.org/government/public_defender
NATIONAL ORGANIZATION OF
SOCIAL SECURITY CLAIMANTS’ REPRESENTATIVES
Contact Information Notes
560 Sylvan Avenue Nationwide service area.
Englewood Cliffs, New Jersey
07632
201.567.4228 (phone)
201.567.1542 (fax)
http://www.nosscr.org/
http://opd.ohio.gov
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A Guide to Filing in The Supreme Court of Ohio
www.proseniors.org/legal_services.html
http://starkctybar.com/referrals.htm
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A Guide to Filing in The Supreme Court of Ohio
www.toledobar.org
www.tcba.net
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A Guide to Filing in The Supreme Court of Ohio
APPENDIX B
PERSONAL IDENTIFIER FORM
73
IN THE SUPREME COURT OF OHIO
PERSONAL IDENTIFIER FORM
___________________________ :
Appellee.
Respondent.
Confidential Personal Identifiers Contained in Filing
(Rule 45(D) of the Rules of Superintendence for the Courts of Ohio. Effective July 1, 2009)
REFERENCE LIST
COMPLETE PERSONAL IDENTIFIER CORRESPONDING REFERENCE LOCATION
Use this column to list the personal identifiers that have Use this column to list the reference or Use this column to identify the document
been redacted from the document that is to be placed in abbreviation that will refer to the or documents where the reference
the case file. corresponding complete personal appears in place of the personal
identifier. identifier.
1.
2.
3.
4.
APPENDIX C
AFFIDAVIT OF INDIGENCE FORM
77
AFFIDAVIT OF INDIGENCE
Affidavit of Indigence
[Note: S.Ct.Prac.R. 3.06 requires your affidavit of indigence to state the reason(s) you are unable to pay
the docket fees and/or security deposit.]
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
Pursuant to Rule 3.06, of the Rules of Practice of the Supreme Court of Ohio, I am requesting that the filing fee and
____________________________________
Affiant
Sworn to, or affirmed, and subscribed in my presence this _________ day of _______________________,
20____.
____________________________________
Notary Public
[Note: This affidavit must be executed not more than six months prior to being filed in the Supreme Court in
order to comply with S.Ct.Prac.R. 3.06.]
A Guide to Filing in The Supreme Court of Ohio
APPENDIX D
CREDIT CARD FILING FEE FORM
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SUPREME COURT OF OHIO
CREDIT CARD FILING FEE FORM
This form provides the Clerk’s Office with the necessary information to process a new appeal or
new original action and charge the one-hundred ($100) dollar filing fee, and one-hundred ($100) dollar
security deposit, if applicable, to the credit card you have provided. Please note that you are responsible
for providing correct information that is clear and legible. Incorrect or illegible information, or rejected
credit cards, may result in the Clerk’s Office rejecting your notice of appeal thus divesting the Supreme
Court of jurisdiction or rejection of your original action. You may wish to contact the Clerk’s Office to
confirm that we were able to file your original action or timely file in your appeal. The phone number is
(614) 387-9530.
CITY__________________________________STATE________
EMAIL ADDRESS_____________________________________________________________
CASE CAPTION_______________________________________________________________
_____________________________________________________________________________
(Please use the caption and prior case number as provided on the entry that you are appealing)
TELEPHONE NUMBER___________________________________________________
Please provide a number at which you can be reached from 8 a.m. to 5 p.m. Monday through
Friday. The number will be used if the information you provided is incorrect or illegible. If we are
unable to reach you and the charge is not accepted for any reason the appeal or original action will
not be filed thus possibly divesting the Supreme Court of jurisdiction to consider your case.
________$100 Filing Fee OR _______$100 Filing Fee and $100 Security Deposit
By initialing the appropriate line above and signing and dating below you authorize the Clerk’s Office to
deduct the specified amount required to initiate an appeal or original action with the Ohio Supreme Court
from the credit card provided above.
SIGNATURE_________________________________________DATE______________