Filingguide (Supreme Court of Ohio)

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A Guide to Filing in

The Supreme Court of Ohio


A Guide to Filing in
The 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

Office of the Clerk


8th Floor
65 South Front Street
Columbus, Ohio 43215-3431
614.387.9530
www.supremecourt.ohio.gov/clerk
e-Filing Portal:
www.supremecourt.ohio.gov/clerk/eFiling
TABLE OF CONTENTS
I. Introduction 1

A. Supreme Court of Ohio Rules of Practice 2

B. Where and How to File 2

C. What Type of Case Am I Filing? 3

D. Filing Deadlines 4

II. How to File, or Perfect, an Appeal 7

A. Types of Appeals 9

B. Notice of Appeal 9

C. Filing Fee 15

D. Memorandum in Support of Jurisdiction 17

E. Filing a Delayed Appeal 20

III. How to File an Original Action 23

A. Types of Original Actions 23

B. Complaint 25

C. Filing Fee and Security Deposit 26

IV. Motions 27

A. Mechanical Requirements 27

B. Commonly Filed Motions 29

V. Merit Briefs 31

A. Appeals 31

B. Original Actions 32
TABLE OF CONTENTS
VI. Supreme Court Resources 34

A. Supreme Court of Ohio Office of the Clerk 34

B. Contact Information 35

C. Driving Directions 36

D. Parking Information 37

E. Security at the Moyer Judicial Center 38

F. The Supreme Court of Ohio Website 38

G. The Supreme Court of Ohio Law Library 38

VII. Ohio Judicial System 39

A. The Supreme Court of Ohio 39

B. Courts of Appeals 39

C. Courts of Common Pleas 40

D. Municipal and County Courts 40

VIII. Frequently Asked Questions 42

A. Filing an Appeal 42

B. General Filing Issues 45

TIMELINES FOR SUPREME COURT APPEALS 46

C. Merit Briefs in Appeals 53

IX. Glossary 55

APPENDIX A - Ohio Bar Associations and Legal Clinics 63

APPENDIX B - Personal Identifier Form 73

APPENDIX C - Affidavit of Indigence Form 77

APPENDIX D - Credit Card Filing Fee Form 81


A Guide to Filing in The Supreme Court of Ohio

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.

Even if you are not an attorney,


you can represent yourself If you are not an attorney, you cannot
NOTE in cases before the Supreme
Court of Ohio. You are strongly
advised, however, to hire an
! represent anyone else or anything
else, like a business you own.

attorney to represent you.

An attorney will work hard to represent your interests


and protect your legal rights. An attorney is obligated
to give you objective legal advice. When representing a
client in court, an attorney will put forward the client’s
position in a way that complies with the rules of the
court. As a negotiator, an attorney will work to obtain a
result that benefits you and is consistent with the law.

Some attorneys may accept a


client on a pro bono, or free, basis. pro bo·no
Bar associations and legal clinics From the Latin “pro bono publico,”
throughout Ohio may provide
you with the names of attorneys
 meaning “for the public good.” Legal
services performed pro bono are
who can help with your appeal, performed by a licensed attorney
including attorneys who are willing without any expectation of compensation.
to accept pro bono clients. See
Appendix A on p. 63 of this guide for
a list of bar associations and legal clinics.

For more information on the attorney-client relationship,


see A Consumer’s Practical Guide to Managing a
Relationship with a Lawyer available at
www.supremecourt.ohio.gov/Publications/default.asp.

To learn more about the Ohio


! judicial system and the types
of cases heard in each court,
see Section VII of this guide,
which begins on p. 39.

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.

This guide is not legal authority or a substitute for


NOTE requirements found in the Supreme Court’s Rules of
Practice.

A. Supreme Court of Ohio Rules of Practice


You must follow the Rules of Practice of the Supreme Court of Ohio if you
file a case in the Supreme Court. The rules are available:
•   Online at www.supremecourt.ohio.gov
•   By calling the Supreme Court of Ohio Office of the Clerk at
614.387.9530 and asking that a copy be mailed to you
•   In the Supreme Court Law Library on the 11th Floor of the Thomas J.
Moyer Ohio Judicial Center at 65 South Front Street in Columbus.

B. Where and How to File


1. IN PERSON OR BY MAIL
You can file your documents in person or by mail with:
Office of the Clerk
Supreme Court of Ohio
65 South Front Street, 8th Floor
Columbus, Ohio 43215-3431

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.

Separate tips are noted throughout this guide depending


NOTE on whether you file by paper or file electronically.

This icon instructs filers on what they need to do to


submit paper copies with the Supreme Court.

This icon provides instructions for filers who use


the e-Filing Portal.

2
A Guide to Filing in The Supreme Court of Ohio

C. What Type of Case Am I Filing?


There are many different case types that can be filed with the Supreme
Court of Ohio, and each case type may have different filing requirements
and deadlines. It is important to properly identify the type of case you
need to file so that you meet all of the filing requirements and your case
can be accepted for filing.
The following definitions may help you to determine the type of case you
need to file with the Supreme Court.
1. JURISDICTIONAL APPEAL
The majority of cases filed with the Supreme Court are jurisdictional
appeals. If your case originated in a court of common pleas, a
municipal court, or a county court, and you then appealed to a court
of appeals, and you are now appealing to the Supreme Court, then you
will probably be filing a jurisdictional appeal.
2. APPEAL OF RIGHT
With the exception of an appeal involving the death penalty or the
appeal of a contest of an election pursuant to R.C. 3515.15, a party does
not have an appeal of right unless their case originated in the court of
appeals. A case originates in the court of appeals only if a complaint
for a writ of mandamus, prohibition, procedendo, quo warranto, or
habeas corpus is filed initially with the court of appeals. If you are
appealing from a court of appeals’ decision ruling on a complaint for
a writ of mandamus, prohibition, procedendo, quo warranto, or habeas
corpus that was initially filed with the court of appeals, then your
appeal is an appeal of right.
3. ORIGINAL ACTION
If you are filing a complaint for a writ of mandamus, prohibition,
procedendo, quo warranto, or habeas corpus for the first time with
the Supreme Court of Ohio, then your case is considered an original
action.
4. ADMINISTRATIVE AGENCY APPEAL
If you are appealing from a decision of the Board of Tax Appeals,
Public Utilities Commission, or the Power Siting Board, then your
case is considered an administrative agency appeal.
5. CERTIFIED-CONFLICT CASE
If the court of appeals issued an order certifying a conflict, your case
is considered a certified-conflict case and is instituted by filing a notice
of certified conflict.

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.

within 30 days of the decision being


appealed. Appeals from the Public Utilities Commission and Power Siting
Board must be filed within 60 days of the decision being appealed.

4
A Guide to Filing in The Supreme Court of Ohio

FILING DEADLINES

Appeals of Right Within 45 days of the date the


& Jurisdictional Appeals court of appeals files its judgment
See p. 6 for details entry with the clerk.

Board of Tax Appeals Within 30 days of the decision


being appealed.

Public Utilities Commission Within 60 days of the decision


& Power Siting Board being appealed.

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.

ADDITIONAL INFORMATION ON DEADLINES


 IS AVAILABLE ON P. 6 AND PP. 46 & 47.

5
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.

Memorandum 45 days from the date 45 days from the date


in Support of of the entry of judgment of the entry of judgment
Jurisdiction being appealed. being appealed.
Not applicable
to appeals of right
Memorandum Within 20 days after the Within 30 days after the
in Response memorandum in support memorandum in support
Not applicable of jurisdiction is filed. of jurisdiction is filed.
to appeals of right

Appellant’s Within 20 days after the Within 40 days after the


Merit Brief record is filed with the record is filed with the
Supreme Court. Supreme Court.

Appellee’s Within 20 days after the Within 30 days after the


Merit Brief appellant’s merit brief is appellant’s merit brief is
filed. filed.

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.

Memorandum in Within 10 days after the Within 10 days after the


Response to a Motion motion is filed. motion is filed.

Motion for Within 10 days after the Within 10 days after the
Reconsideration Supreme Court’s final Supreme Court’s final
order. order.

Memorandum in Within 10 days after the Within 10 days after the


Response to a Motion motion is filed. motion is filed.
for Reconsideration

6
A Guide to Filing in The Supreme Court of Ohio

II. HOW TO FILE, OR PERFECT, AN APPEAL


The court’s review of an appeal is limited to
rec·ord (Rule 15. 01)
the record created in the trial court and the The original case papers from the trial
court of appeals. New information or evidence
cannot be submitted to the Supreme Court and  and appeals courts; includes exhibits,
transcripts of proceedings, certified
will not be considered by the court. copies of journal entries (court orders)
and dockets.
The Rules of Practice of the Supreme Court of
Ohio refer to the act of properly filing an appeal per·fect [Rule 7.01(A)]
as “perfecting” the appeal. For purposes of

To submit the documents and fee
simplicity, this guide substitutes the word “file” necessary to institute an appeal with
the Supreme Court in a timely fashion
for the legal term “perfect.” and in a way that complies with the
Supreme Court Rules of Practice; the
To file an appeal in the Supreme Court,
act of properly filing a Supreme Court
you must: appeal.

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

WHAT DOCUMENTS DO I NEED TO FILE TO APPEAL A


COURT OF APPEALS DECISION TO THE SUPREME COURT

JURISDICTIONAL APPEAL OF RIGHT OR


APPEAL ADMINISTRATIVE AGENCY APPEAL
IN THE SUPREME COURT OF OHIO IN THE SUPREME COURT OF OHIO

Notice of Appeal Notice of Appeal

$100 FILING FEE


+ +
$100 FILING FEE
Payable by Payable by
• Cash • Cash
• Check • Check
• Money Order • Money Order
• American Express • American Express
• Discover • Discover
• MasterCard • MasterCard
• VISA • VISA

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.

3. ADMINISTRATIVE AGENCY APPEAL


An administrative agency appeal is an appeal from the Board of Tax
Appeals, the Public Utilities Commission, or the Power Siting Board.

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.

9
A Guide to Filing in The Supreme Court of Ohio

3. ADMINISTRATIVE AGENCY APPEAL


a. Appeal from the Board of Tax Appeals
The notice of appeal must be filed within 30 days of the date of the entry of the decision
of the Board of Tax Appeals.
The following Board of Tax Appeals decisions can be appealed directly to the Supreme
Court:
i. A decision of the Board of Tax Appeals determining an appeal from a final
determination by the tax commissioner or any preliminary, amended, or final tax
assessment, reassessment, valuation, determination, finding, computation, or order made
by the commissioner; or
ii. A decision of the Board of Tax Appeals determining an appeal from a final
determination of a local board of tax review created under R.C. 718.11.
Appeals from all other decisions of the Board of Tax Appeals shall be taken to the court
of appeals.

di·vest·ed of ju·ris·dic·tion b. Appeal from the Public Utilities


 No longer having authority to review a
case.
Commission or Power Siting Board
The notice of appeal must be filed
within 60 days of the commission or
board’s order.
There is ONE exception to the
! 45-day filing deadline, and it
applies only to felony cases when
Pay close attention to the deadline.
Unless your case is an appeal of a felony
the defendant has been convicted
of a crime. It does not apply to conviction, missing the filing deadline
postconviction cases or to applications will cause the Supreme Court to become
for reconsideration of any cause or divested of jurisdiction, meaning the
motion filed under Rule 26(B) of the
Supreme Court will permanently lose
Rules of Appellate Procedure (also
called Murnahan appeals) related to authority to consider your appeal.
the felony convictions.
See table on p. 11 for information that must
For information on filing a delayed
be included in your notice of appeal. Like
appeal in a felony case, go to p. 20.
any document filed in the Supreme Court
of Ohio, the notice of appeal also must
comply with Rule 3.09, but can be neatly handwritten rather than typed if it is an emergency.

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

REQUIREMENTS - NOTICE OF APPEAL (APPEAL OF RIGHT & JURISDICTIONAL APPEAL)

CONTENT - Rule 6.01(B) MECHANICAL - Rules 3.07-3.09 & 3.11


If the case is an appeal of right, the following The format of the notice of appeal.
information must be contained in the
notice of appeal, along with a copy of the Cover page [Rule 3.07]
court of appeals judgment entry being •  Case name
appealed.
•  Title of document (“Notice of Appeal”)
The name of the court of appeals whose •  Indication that the case is an appeal
judgment is being appealed. and the name of court or agency from
which it is being appealed
The case name assigned to the case
•  The name, address, and telephone
by the court of appeals.
number of the filing party
The case number assigned to the case •  The name, address, and telephone
by the court of appeals. number for the opposing party and
the opposing party’s attorney (if
The date of the entry of the judgment applicable).
being appealed.
Paper: 81/2 x 11, white [Rule 3.09(B)(2)].
CONTENT - Rule 7.01(B)
In addition to the content listed above, Type: Times New Roman, Cambria, Calibri,
for a jurisdictional appeal, you must include Arial Standard, or Palatino Linotype,
a statement that one or more of the 12-point [Rule 3.09(B)(1)(b)].
following are applicable:
Text: double-spaced [Rule 3.09(B)(3)].
•  The case raises a substantial
constitutional question
Original document must:
•  The case involves a felony
•  Be single-sided
•  The case is one of public or great [Rule 3.09(B)(1)(a)]
general interest
•  Include signature of filing party [Rule
•  The case involves termination of 3.08]
parental rights or adoption of a minor
•  Include statement describing when
child
and how a copy of the notice of appeal
•  The case is an appeal of a court of was provided to other side
appeals determination under Rule [Rule 3.11(D)(1)(a)].
26(B) of the Rules of Appellate
Procedure.

THE NEXT SECTION DISCUSSES THE REQUIREMENTS FOR


 THE COVER PAGE, SECOND PAGE, AND THE CERTIFICATE OF
SERVICE OF YOUR NOTICE OF APPEAL.

11
A Guide to Filing in The Supreme Court of Ohio

1. COVER (FRONT) PAGE If your case is an appeal of


The cover page must include: NOTE right or administrative agency
appeal, the court of appeals or
a. The case name assigned by the agency judgment entry being
court of appeals or administrative appealed must be attached to
agency your notice of appeal.
b. The case number assigned by the
court of appeals or administrative
agency
c. An indication that the case is an appeal and the name of the court
or agency from which it is being appealed
d. The title of the document (that is, “Notice of Appeal”)
e. Filing party or attorney’s name
f. Filing party or attorney’s address
g. 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.

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

SAMPLE COVER PAGE - NOTICE OF APPEAL


a. Case name assigned by
the court of appeals or agency c. Indication case
is an appeal
and name
of court
OHIO
or agency
F
RT O
E CO
U from which
PREM
E SU it is being
IN TH
appealed
b. Case number
assigned by the
court of appeals
or agency

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.

Appendix C to the Rules of Practice is a sample


NOTE notice of appeal. The sample notice is also available
at www.supremecourt.ohio.gov/clerk.

13
A Guide to Filing in The Supreme Court of Ohio

SAMPLE AFFIDAVIT OF INDIGENCE

g e n c e
i t o f Indi
Aff idav EM E C O U RT O
F OH
he n e c es
IO
sary
funds
to pa
y

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eby s e followi tion 6. I wo
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s e
the c
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rcer rc er the S b
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requeR Y S AL
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ATE OF O JoA

Your affidavit of indigence cannot


! be older than six months and
must be prepared before you
submit it to the Supreme Court.
The Supreme Court of Ohio
Office of the Clerk cannot provide
notary services or otherwise help
you prepare your affidavit.

These elements combine


to form the notary public’s
jurat (see p. 15).

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.

Does your affidavit of indigence


? include a notary public’s jurat?
If you file paper documents and
The Supreme Court of Ohio
Office of the Clerk cannot accept
an affidavit without a jurat, or
! pay your filing fee by credit card,
you also must submit a credit
card filing fee form. The form
a statement by the notary that
is available as Appendix D to this
indicates the date the affidavit
guide and as Appendix G to the
was sworn to, or affirmed, and
Rules of Practice of the Supreme
signed in the notary public’s
Court.
presence. The jurat must include
the notary public’s signature and
seal (see p. 14).

15
A Guide to Filing in The Supreme Court of Ohio

REQUIREMENTS - MEMORANDUM IN SUPPORT OF JURISDICTION


CONTENT - Rule 7.02(C) & (D) MECHANICAL - Rules 3.07-3.09 & 3.11
The information that must be contained in the The format of the memorandum.
memorandum.
Table of contents. Cover page [Rule 3.07]
•  Case name
Statement that one or both of the following •  Title of document (“Memorandum in
form(s) the basis for your appeal: Support of Jurisdiction”)
•  A substantial constitutional question, •  Indication that case is an appeal and
with an explanation of how your appeal the name of the court or agency from
involves the constitutional question which it is being appealed
•  An issue of public or great general •  Name, address and telephone number of
interest, with an explanation of how your filing party
appeal involves the issue. •  Name, address and telephone number
for opposing party and opposing party’s
In a felony case, a statement why the court attorney (if applicable).
should grant you the opportunity to appeal.
Paper: 81/2 x 11, white [Rule 3.09(B)(2)].
A statement of the case and facts.
Type: Times New Roman, Cambria, Calibri,
Arguments supported by propositions of law. Arial Standard, or Palatino Linotype,
12-point [Rule 3.09(B)(1)(b)].
Required attachments:
•  Date-stamped copy of the court of Text: double-spaced [Rule 3.09(B)(3)].
appeals judgment entry being appealed
•  Date-stamped copy of the court of Original document must:
appeals opinion being appealed. •  Be single-sided [Rule 3.09(B)(1)(a)]
•  Include signature of the filing party
Optional permitted attachments [Rule 3.08]
•  Any other judgment entries or opinions •  Include statement describing when
issued in the case (if relevant to the and how a copy of the notice of
appeal). appeal was provided to other side
[Rule 3.11(D)(1)(a)].

ORIGINAL MECHANICAL - Rule 7.02

NO
+4
The page limit for the memorandum.
Page limit: 15 [Rule 7.02(B)].
COPIES
REQUIRED COPIES
REQUIRED

If your affidavit of indigence is accepted by the


NOTE Supreme Court of Ohio Office of the Clerk, you may file
the original memorandum only. You do not have to file
the copies required by Rule 3.10.

16
A Guide to Filing in The Supreme Court of Ohio

D. Memorandum in Support of Jurisdiction


If you are filing a jurisdictional appeal, unless you are filing a motion for
stay, pursuant to Rule 7.01(A)(3), you must file a memorandum in support of
jurisdiction with your notice of appeal
and filing fee. ci·ta·tion
A memorandum in support of A reference to a legal authority, such as a
jurisdiction is a document that includes
a written statement explaining why the
 case, constitutional provision, or statute,
that supports an argument. This term is
often shortened to “cite.”
Supreme Court should accept an appeal.
The memorandum includes citations
to legal authorities that support the le·gal au·thor·i·ty


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.

THE NEXT SECTION DISCUSSES THE REQUIREMENTS


FOR EACH PART OF YOUR MEMORANDUM IN
SUPPORT OF JURISDICTION.

17
A Guide to Filing in The Supreme Court of Ohio

MEMORANDUM IN SUPPORT OF JURISDICTION

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

M em o ! of jurisdiction must include your


signature.

6. Attachments
(see p. 19)

Appendix D to the Rules of Practice is a sample


NOTE memorandum in support of jurisdiction.

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

E. Filing a Delayed Appeal


It is possible to file an appeal after the
45-day time period expires, but only in The rule allowing motions for
felony cases that convict the defendant of
a crime.
! delayed appeal does not apply
to postconviction cases or to
applications filed under Rule
26(B) of the Rules of Appellate
To file a delayed appeal, you must submit:
Procedure (also called Murnahan
a. A notice of appeal that states the appeals) related to felony
case involves a felony convictions.

b. A motion for delayed appeal with


a notarized affidavit in support
c. A $100 filing fee, a copy of an entry from a court appointing counsel
to represent you, or affidavit of indigence that meets the Court’s
requirements.

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.

a. COVER (FRONT) PAGE


The cover page must include:
i. The case name assigned by the court of appeals
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, “Notice of 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.

The first page of Appendix C to the Rules of Practice


NOTE is an example of a cover page.

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.

Appendix C to the Rules of Practice is a sample


NOTE notice of appeal. The sample notice is also available
at www.supremecourt.ohio.gov/clerk.

2. MOTION FOR DELAYED APPEAL


The motion for delayed appeal is a written statement that ORIGINAL

+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.

Do not submit a memorandum The Supreme Court of Ohio


in support of jurisdiction when
you submit a motion for delayed
! Office of the Clerk cannot
file your memorandum in
appeal. If the Supreme Court support of jurisdiction unless
the Supreme Court grants
grants the motion for delayed your motion for delayed
appeal, it will issue an order appeal. You will receive a
that requires you to submit your copy of the court’s decision
memorandum in support of on your motion by mail.
jurisdiction within 30 days.

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).

III. HOW TO FILE AN ORIGINAL ACTION


A. Types of Original Actions
To initiate an original action you must file a
writ
complaint (or petition if you are filing for a
writ of habeas corpus) that identifies which
type or types of original action you are filing.
 A court order directing an agency
or person to take action.

The five types of original actions that may be


filed with the Supreme Court of Ohio are:

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

SAMPLE COVER PAGE - COMPLAINT

a. Nature of the proceeding

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:

1. COVER (FRONT) PAGE


The cover page must include:
a. The nature of the proceeding – is it a mandamus, procedendo,
prohibition, quo warranto, or habeas corpus case
b. Caption
c. The title of the document (i.e., complaint for procedendo)
d. The name, title, and address of all of the respondents in the case. The
address of the respondents must be included and accurate because the
clerk’s office will serve a copy of your complaint at the address that
you provide for the respondents
e. Filing party or attorney’s name
f. Filing party or attorney’s address.

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

C. Filing Fee and Security Deposit


1. FILING FEE
A $100 filing fee is required to file all original actions 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.”

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.

decision takes effect.


If a motion is filed, any other party may file a memorandum opposing the motion. A
memorandum opposing a motion must be filed within 10 days of the date the motion was
filed.
There is no page limit for a motion or memorandum opposing a motion, but both
documents should be written concisely and clearly.

A. Mechanical Requirements
Any motion or memorandum opposing a motion must have a cover page and a
certificate of service.

1. COVER (FRONT) PAGE


The cover page must include: Does your appeal have an eight-digit

a. The case name assigned by the


court of appeals, agency, or the
? Supreme Court case number yet? If
so, you should use that case number
on the cover page of your motion. Ask
relator in an original action a Supreme Court deputy clerk if you
b. The case number assigned by are not sure.
the court of appeals or agency
c. An indication whether the case
is an appeal or original action and the name of the court or agency
from which it is being appealed
d. The title of the document (for example, “Motion to Stay”)
e. Filing party or attorney’s name
f. Filing party or attorney’s address
g. 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.

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.

THE NEXT SECTION WILL DISCUSS


 SOME COMMONLY FILED MOTIONS.

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

If your affidavit of indigence is accepted by the


NOTE Supreme Court of Ohio Office of the Clerk, you may
file the original motion only. You do not have to file the
copies required by Rule 3.10(B).

28
A Guide to Filing in The Supreme Court of Ohio

B. Commonly Filed Motions


1. MOTION FOR REDUCED NUMBER OF COPIES
a. If you file an affidavit of indigence
When a party files an affidavit of indigence, a motion for a reduced
number of copies is unnecessary. The court will automatically allow
the party to file an original of each document, along with as many
copies as the party can afford.
b. If you do not file an affidavit of indigence
If you do not file an affidavit of indigence, you can file a document
with a motion for a reduced number of copies. If, however, the motion
for a reduced number of copies is denied, then the court may strike
the document accompanying the motion. Having the court strike a
document is the same as having never filed it.

2. MOTION FOR STAY


If you want an immediate stay of a court of appeals decision and are
within the 45-day time frame for filing a new case, Rule 7.01(A)(3)
permits you to file a notice of appeal and motion for immediate stay
without a memorandum in support of jurisdiction before the 45th day.
Please note that your memorandum in support of jurisdiction is still
required by the 45th day. In a jurisdictional appeal, the memorandum in
support of jurisdiction must be filed within the original 45-day time period
for filing the notice of appeal or the case will be dismissed.
A motion for stay is not granted automatically. Relevant information
regarding bond must be included in the motion. A copy of the court of
appeals decision (judgment entry and opinion) must be attached to the
motion for stay. There is no page limit for the motion for stay.
A motion for stay may be filed after the memorandum in support of
jurisdiction is filed.

3. MOTION FOR RECONSIDERATION


If the Supreme Court issues a decision ending the case and you are not
satisfied with the decision, you can file a motion for reconsideration
within 10 days of the decision date (if the case is an expedited election
case, the motion must be filed within three days of the decision date).
No attachments are required and there is no page limit. The motion must
explain to the court why it should reconsider its decision, but cannot re-
argue the case.

29
A Guide to Filing in The Supreme Court of Ohio

SAMPLE TABLE OF AUTHORITIES

S E NO.
OR ITIE PA G
A UTH
L E OF 8
TA B
43
t. 17 18
6 , 8 1 S.C
88
U.S.
1 ) , 367 7 1, 7
(196 t. 83
S E S c E l ro y 0 7 S. C
CA M 1
r s v. 538, 1. , 12
orke U.S. -658 8 , 11
e t e r i a W
8 7 ) 4 7 9
0 8 - Ohio
Caf (19 20
own -17, 8 , 10
i a v. B r o . 0 8-CA ta·ble of au·thor·i·ties
for n t., N 919
Cali th D i s hio-4 Ct. 1
976 , 16

. , 5 0 7 - O . [Rule1 516.02(B)(2)]
an R 2 0 1 S
Adri 267, 28, 9
I n re h i o St.3d 3 U .S. 5 An alphabetical4 list of all cases,
O ,4 0
11 5 971) constitutional provisions, statutes, or other
C.S., ia (1 11 4 0
I n re n s y l v a n
3 S . Ct. legal authorities 2 referred to (or “cited”)
n ,1 2
v. P e S. 84 824
eiver 8 U. O hio-4 in a brief. It must reference the page or
McK 3) , 5 3 0 8 -
08 1 , 1 6each legal authority is
(200 7, 20 o-62 pages on which
v . Doe i o St.3d 0 3 -Ohi
Smit
h O h 2 0 cited.
, 120 A76, 1 6
r g uson N o . 02C 28
a t e v. F e th D i s
t .
0 - O hio-4
S t r, 4 20 0
ecke 513, 76
L ongn S t.3d t. 16
t a t e v.
O h i o 0 7 S. C
S s, 88 1
137,
v . W illiam 8 1 U.S. 19
4
State 987)
,
r i z o na (1 8
v. A ONS
Ti s o n O VISI
P R
NAL n 8
TIO tutio
N S T I T U
. C onsti
CO U. S n
ent, tutio
m e ndm . C onsti
th A U. S
Eigh ent, on
m endm tituti
r t e e nth A
h i o Cons 12, 1
7
Fou I, O
icle
1 6 , Art 13
ion
Sect
1
17, 2
ES
TUT
S TA
.357
2151
R.C.
.02
2152
R.C.
.12
2152
R.C.

NOTE Appendix F to the Rules of Practice is a sample


merit brief.

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.

1. APPELLANT’S MERIT BRIEF


a. 50-page limit (the required cover Does your appeal involve the
page, table of contents, table of
?
TERMINATION OF PARENTAL
authorities cited, and certificate of RIGHTS OR ADOPTION? If so,
service are not included in the page you have shorter deadlines for
filing merit briefs. Please refer to
count)
the table on p. 6 as well as the
b. Due 40 days after the record is filed timelines on pp. 46 & 47.
c. The appellant’s merit brief must
have attached:
i. The court of appeals judgment entry and opinion being appealed
ii. Any other relevant decisions issued in the case.

2. APPELLEE’S MERIT BRIEF


a. 50-page limit (the required cover page, table of contents, table of
authorities cited, and certificate of service are not included in the page
count)
b. Due 30 days after appellant’s merit brief is filed
c. No required attachments.

3. APPELLANT’S REPLY BRIEF


a. 20-page limit (the required cover page, table of contents, table of
authorities cited, and certificate of service are not included in the page
count)
b. Due 20 days after appellee’s merit brief is filed
c. No required attachments.

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.

2. RELATOR’S MERIT BRIEF


a. 50-page limit (the required cover page, table of contents, table
of authorities cited, and certificate of service are not included
in the page count)
b. Due date will be determined by the court’s alternative writ
order.
3. RESPONDENT’S MERIT BRIEF
a. 50-page limit (the required cover page, table of contents, table
of authorities cited, and certificate of service are not included
in the page count)
b. Due date will be determined by the court’s alternative writ
order.
4. RELATOR’S REPLY BRIEF
a. 20-page limit (the required cover page, table of contents, table
of authorities cited, and certificate of service are not included
in the page count)
b. Due date will be determined by the court’s alternative writ
order.

32
A Guide to Filing in The Supreme Court of Ohio

REQUIREMENTS - MERIT BRIEFS


CONTENT MECHANICAL - Rules 3.07-3.09 & 3.11
The information that must be The format of the brief.
included in the brief.
Appellant/Relator’s Merit Brief
Appellee/Respondent’s Merit Brief
Appellant/Relator’s Merit Brief - Rule 16.02 Reply Brief
Table of contents. Cover page [Rule 3.07]
•  Supreme Court case number
Table of authorities cited. •  Supreme Court case name
•  Title of document (e.g., “Merit Brief of
Statement of facts. Appellant”)
•  Nature of proceeding (i.e., appeal) and
Arguments supported by name of court from which your case is
propositions of law. being appealed
•  Name, address, and telephone number of
Appendix (does not apply to relator’s merit brief filing party
in original action) •  Name, address, and telephone number
•  Order and opinion, if any, from which for opposing party and opposing party’s
the appeal is taken attorney (if applicable).
•  See Rule 16.02(B)(5), for additional
information that should be contained Paper: 81/2 x 11, white [Rule 3.09(B)(2)].
in the appendix.
Type: Times New Roman, Cambria, Calibri, Arial
Standard, or Palatino Linotype, 12-point
Appellee/Respondent’s Merit Brief - Rule 16.03 [Rule 3.09(B)(1)(b)].

Table of contents. Text: double-spaced [Rule 3.09(B)(3)].

Table of authorities cited. Original document must:


•  Be single-sided [Rule 3.09(B)(1)(a)]
Statement of facts. •  Include signature of filing party [Rule 3.08]
•  Include statement describing when and
Arguments supported by how the document was provided to other
propositions of law. side [Rule 3.11(D)(1)(a)].

MECHANICAL - Rules 16.02 - 16.04


ORIGINAL The page limit for the brief.

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)].

If your affidavit of indigence is accepted by the


NOTE Supreme Court of Ohio Office of the Clerk, you may
file the original brief only. You do not have to file
the copies required by Rule 3.10.

33
A Guide to Filing in The Supreme Court of Ohio

VI. SUPREME COURT RESOURCES


A. Supreme Court of Ohio Office of the Clerk
The Supreme Court of Ohio Office of the Clerk provides information in a
prompt, courteous and professional manner. Employees of the Supreme Court
of Ohio Office of the Clerk treat all parties fairly. Employees are not permitted
to give legal advice, nor are they permitted to provide guidance regarding
how a party should respond to any aspect of a legal process. If asked for legal
advice, employees will encourage parties to seek the assistance of an attorney.

EMPLOYEES OF THE SUPREME COURT OF OHIO OFFICE OF THE CLERK

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

Change an order signed by the


chief justice

34
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

All in-person filings must be made


during the regular business hours of the Supreme Court of Ohio Office of
the Clerk, 8 a.m. to 5 p.m. Monday through Friday, excluding holidays. The
e-Filing Portal can be accessed at any time, but filings must be submitted
on or before 11:59:59 p.m. on the date the filing is due and meet all
requirements of the Rules of Practice of the Supreme Court of Ohio in order
to be filed.

35
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.

2. FROM THE SOUTH


Take I-71N to I-70E. Stay on the right. Exit at Front Street/High Street
(exit 100A). Turn left onto Front Street. The Moyer Judicial Center is about
five blocks on the left.

3. FROM THE EAST


Take I-70W to I-71N (exit 101A); exit immediately at Broad Street (exit
108B). Turn left onto Broad Street. Follow Broad Street west to Front
Street. Turn right onto Front Street. The Moyer Judicial Center is the
second building on the right side of Front Street.

4. FROM THE WEST


Take I-70E to the Front Street/High Street exit (exit 100A). Turn left onto
Front Street. The Moyer Judicial Center is about five blocks on the left.

36
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

6 Huntington Center Parking Garage $$$$


Front Street

7 RiverSouth (Lazarus) Parking Garage $$


Third Street
ter Drive

State Street
High Street

Town Street

2
7
Rich Street

Main Street

37
A Guide to Filing in The Supreme Court of Ohio

E. Security at the Moyer Judicial Center


All visitors to the Moyer Judicial Center must comply with security check-
in requirements, which include presenting photo identification. All materials
brought into the Moyer Judicial Center are X-rayed and all visitors must pass
through a magnetometer staffed by court security personnel and Ohio State
Highway Patrol officers.
Anyone hand-delivering documents to the Supreme Court of Ohio Office of
the Clerk should plan extra time for these security procedures.

F. The Supreme Court of Ohio Website


Answers to frequently asked questions and questions about filing documents
with the Supreme Court of Ohio are available on the Supreme Court website
and on p. 42 of this guide.
The court’s online docket and the case activity notification service are located
under the “Clerk of Court and Case Information” tab on the left side of the
court’s home page.

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.

G. The Supreme Court of Ohio Law Library


The Supreme Court’s Law Library is located on the 11th Floor of the Moyer
Judicial Center. With a comprehensive collection of Ohio, federal, and other
state laws, it is one of the largest state supreme court law libraries in the nation
and includes a core collection of international and foreign law. The library’s
most notable and in-depth collections are its treatises and practice books, legal
periodicals, and microforms.
In addition to providing library services to the justices and court staff, the Law
Library also serves the need for legal information and materials for the state
legislature, state administrative agencies, attorneys, and the general public.

38
A Guide to Filing in The Supreme Court of Ohio

VII. OHIO JUDICIAL SYSTEM


A. The Supreme Court of Ohio
The Supreme Court of Ohio is established by Article IV, Section 1, of the
Ohio Constitution, which provides that “the judicial power of the state is
vested in a Supreme Court, Courts of Appeals, Courts of Common Pleas and
divisions thereof, and such other courts inferior to the Supreme Court as may
from time to time be established by law.”
Article IV, Section 2, of the Constitution sets the size of the court at seven —
a chief justice and six justices — and outlines the jurisdiction of the court.
Supreme Court justices are elected to six-year terms in even-numbered years.
They must have been admitted to the practice of law in Ohio six years before
their terms begin.
The Supreme Court is the court of last resort in Ohio. Most of the cases it
hears are appeals from the 12 Ohio district courts of appeals. In addition to
the types of appeals discussed in this guide, the court hears appeals of cases
involving the death penalty and cases in which there are conflicting opinions
from two or more courts of appeals. The court also hears appeals from such
administrative bodies as the state Board of Tax Appeals and the Public
Utilities Commission.
The court has original jurisdiction for rem·e·dies
certain special remedies that permit a
person to file an action in the Supreme  The enforcement of rights and redress
of wrongs.
Court. These extraordinary remedies
include writs of habeas corpus (involving the release of those allegedly
unlawfully imprisoned or committed), writs of mandamus and procedendo
(ordering a public official to perform a required act), writs of prohibition
(ordering a lower court to cease an unlawful act), and writs of quo warranto
(against a person or corporation for usurpation, misuse, or abuse of public
office or corporate office or franchise).

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

The state is divided into 12 appellate districts, each of which is served by a


court of appeals that sits in each of the counties in the district. The number of
judges in each district depends on a variety of factors, including the district’s
population and the court’s caseload. Each district has a minimum of three
appellate judges. Appeals court judges are elected to six-year terms in even-
numbered years. They must have been admitted to the practice of law in Ohio
six years before their terms begin.
In addition to their appellate jurisdiction, the courts of appeals have original
jurisdiction, as does the Supreme Court, to hear applications for writs of
habeas corpus, mandamus, procedendo, prohibition, and quo warranto. The
Tenth District Court of Appeals in Franklin County also hears appeals from the
Ohio Court of Claims.

C. Courts of Common Pleas


The court of common pleas is the only trial court created by the Ohio
Constitution and its duties are outlined in Article IV, Section 4.
There is a court of common pleas in each of the 88 Ohio counties. The courts
of common pleas have original jurisdiction in all criminal felony cases and
original jurisdiction in all civil cases in which the amount in controversy is
more than $15,000. Courts of common pleas have appellate jurisdiction over
the decisions of some state administrative agencies.

D. Municipal and County Courts


Municipal and county courts were created by the General Assembly
(see Ohio Revised Code Chapters 1901 and 1907). A county court is needed in
an area of a county not served by a municipal court. Where a municipal court
exercises county-wide jurisdiction, no county court is needed.
The subject-matter jurisdiction of municipal and county courts is nearly
identical. Both municipal and county courts have the authority to conduct
preliminary hearings in felony cases and both have jurisdiction over traffic and
non-traffic misdemeanors. These courts also have limited civil jurisdiction.
Municipal and county courts may hear civil cases in which the amount of
money in dispute does not exceed $15,000.

40
A Guide to Filing in The Supreme Court of Ohio

OHIO JUDICIAL SYSTEM

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.

COURTS OF COMMON PLEAS


In each of 88 Counties
Domestic
General Relations Juvenile Probate
Division Division Division Division
Civil and Divorces and Offenses Decedents’ estates;
criminal cases; dissolutions; involving mental illness;
appeals from support and minors; most adoptions;
most administrative custody of paternity marriage
agencies. children. actions. licenses.

MUNICIPAL AND COUNTY COURTS COURT OF CLAIMS


Judges Assigned by the Chief Justice
Misdemeanor offenses;
traffic cases; civil action up to $15,000. All suits against the state for personal
injury, property damage, contract, and
wrongful death; compensation for victims
of crime. Three-judge panels upon request.

MAYOR’S COURTS
Not courts of record.
Violations of local ordinances and state traffic laws.
Matters can be reheard in municipal or county courts.

41
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.

When must the documents be filed? [Rule 6.01 and 7.01]


Documents required to file a jurisdictional appeal, a claimed appeal
of right, or an appeal of right are due no later than 45 days after the
entry of the judgment being appealed.

Is there a fee for filing an appeal? [Rules 3.04 and 3.06]


Yes. A $100 filing fee is required by statute and Supreme Court rule
for filing an appeal. 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.” To file your appeal without
the fee, you can file an entry appointing counsel or an affidavit of
indigence that complies with the Supreme Court Rules of Practice.
The Supreme Court of Ohio Office of the Clerk cannot file an appeal
without the required fee, entry appointing counsel, or affidavit of
indigence.

42
A Guide to Filing in The Supreme Court of Ohio

Can I get an extension of time to file my notice of appeal and


memorandum in support of jurisdiction? [Rule 7.01(A)(1)(b)]
No. The time period for filing a notice of appeal and memorandum in
support of jurisdiction is mandatory. If you do not file your appeal within
the 45-day time period, the Supreme Court will lose jurisdiction over your
appeal.

Are there any exceptions to the 45-day time period?


[Rule 7.01(A)(4)]
The Supreme Court Rules of Practice provide one very limited exception
to this general rule. If you are appealing a felony decision after the time
for filing a notice of appeal and memorandum in support of jurisdiction
has passed, the Rules of Practice permit you to file a notice of appeal
with a motion for delayed appeal. This exception does not apply to
postconviction cases or to applications filed under Rule 26(B) of the Rules
of Appellate Procedure (also called Murnahan appeals).

How many copies of a notice of appeal are required?


[Rule 3.10]
The original, plus one copy (if e-Filing, no copies are required). The
Supreme Court of Ohio Office of the Clerk will send the copy to the clerk
of the court of appeals whose judgment is being appealed. The original
must be in scan-ready form.
scan rea·dy
How many copies of a
memorandum in support of
jurisdiction are required?
 (Rule 3.09(B)(2)(b))
Single-sided, not stapled or otherwise
bound, and not containing dividers or
[Rule 3.10] tabs.
The original, plus 4 copies (if
e-Filing, no copies are required). The person filing a scan-ready
The Supreme Court of Ohio Office
of the Clerk distributes these to the ! document is responsible for
removing personally identifying
justices and court staff. The original information, such as Social
must be in scan-ready form. Security numbers, bank account
numbers, and the names of
juveniles (Rule 3.12(B)(1)). A
personal identifier form is
available as Appendix B to this
guide and as Appendix B to the
Rules of Practice of the Supreme
Court.

43
A Guide to Filing in The Supreme Court of Ohio

I received a copy of a notice of appeal and memorandum in support of


jurisdiction from an attorney for another party, but neither document
is file-stamped. How can I find out the Supreme Court case number
and when my memorandum in response is due?
To determine the Supreme Court case number assigned to a notice of
appeal and memorandum in support, and when the documents were filed,
you can access the court’s online docket through its website:
www.supremecourt.ohio.gov/clerk.
After accessing the link for the online docket, use the case name or the
court of appeals case number to search the docket and determine if the
appeal has been filed. If the appeal has been filed, search results will
indicate the Supreme Court case number that has been assigned to the
case. After you find out when the case was filed, you can calculate the date
your memorandum in response is due.
You can access the online case docket to determine the filing date of any
pleading or other document served on you, and then calculate the due date
for any responsive document. Note that the date a document is filed in
the Supreme Court frequently is different from the date it is received
by you. The only date you should use to calculate the time for filing your
response, however, is the filing date indicated by the court’s online docket.
If you do not have access to the Internet, a Supreme Court deputy clerk
can access the online docket for you. You can reach a deputy clerk at
614.387.9530.

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.

44
A Guide to Filing in The Supreme Court of Ohio

B. General Filing Issues


How do I file documents with the Supreme Court? [Rule 3.02(A)]
The Supreme Court of Ohio Office of the Clerk is open for filing from 8
a.m. to 5 p.m., Monday through Friday. Documents filed in person must
be received by 5 p.m. local observed time in Columbus, Ohio, to be filed
as of the date received. The Supreme Court of Ohio Office of the Clerk is
closed on weekends, on all state holidays, except Columbus Day, and on
the day after Thanksgiving.
E-filed documents must be submitted before
11:59:59 p.m. local observed time on the SUPREME COURT HOLIDAYS
date the documents are due, but documents NEW YEAR’S DAY
submitted after 5 p.m. will not be reviewed January 1
until the next business day. MARTIN LUTHER KING JR. DAY
Third Monday in January
What are the business hours of the PRESIDENTS DAY
Supreme Court of Ohio Office of the Clerk? Third Monday in February
[Rule 3.02(A)] MEMORIAL DAY
The Supreme Court of Ohio Office of the Last Monday in May

Clerk is open for filing from 8 a.m. to 5 p.m., INDEPENDENCE DAY


July 4
Monday through Friday. Documents must
be received by 5 p.m. local observed time LABOR DAY
First Monday in September
in Columbus, Ohio, to be filed as of the date
VETERANS DAY
received. This rule applies to documents that November 11
are paper filed. The Supreme Court of Ohio
THANKSGIVING DAY
Office of the Clerk is closed on weekends, on Fourth Thursday in November
all state holidays, except Columbus Day, and DAY AFTER THANKSGIVING
on the day after Thanksgiving.
CHRISTMAS
To access the Supreme Court business floors, December 25
you must present valid photo identification
and pass through the Moyer Judicial Center’s
security checkpoint. Please keep this in mind
when calculating the time you need to reach the Supreme Court of Ohio
Office of the Clerk, which is on the 8th Floor of the Moyer Judicial Center,
before the close of business.

What if my filing deadline falls on


If your filing deadline falls on
a Saturday, a Sunday, a holiday
or the day after Thanksgiving?
When should I file to make sure
! Columbus Day or on the day after
Thanksgiving, your documents are
due on the following business day.
my document is considered
timely? [Rule 3.03(A)(1)]
If the Supreme Court of Ohio Office of the Clerk is closed on FAQ CONTINUE
the day your document is due, your document is due on the
next business day the office is open.
 ON P. 48.

45
A Guide to Filing in The Supreme Court of Ohio

SUPREME COURT OF OHIO - TIMELINES FOR APPEALS


If no appeal is filed, the Supreme Court loses authority to review case. STOP
STOP

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

46
A Guide to Filing in The Supreme Court of Ohio

Oral arguments are rarely


held in an appeal of right.
10
20 7 10 days
days days days

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.

47
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.

Do I get three extra days to file if I am responding to a document that


was served on me, or that I received, by mail?
No. The Supreme Court Rules of Practice do not provide additional time
to respond to documents served by mail.

! The federal 3-day mail rule does


not apply in the Supreme Court
of Ohio.

48
A Guide to Filing in The Supreme Court of Ohio

Where do I mail my filings?


Documents submitted by mail for filing with the Supreme Court of Ohio
should be addressed directly to:
Office of the Clerk
Supreme Court of Ohio
65 South Front Street, 8th Floor
Columbus, Ohio 43215-3431

Are extensions of filing deadlines ever allowed? [Rule 3.03(B)]


The Supreme Court Rules of Practice allow for an extension of time for
filing a merit brief.
You can get an extension of up to 20 days for filing a merit brief by
agreement with the other side by filing a written stipulation to the
extension that complies with the Supreme Court Rules of Practice. If
you cannot agree to a 20-day extension with the other side, you can file a
request for an extension of up to 10 days.
A stipulation to or request for an extension of time must be filed no later
than the deadline for filing the brief that is the subject of the extension. A
party is permitted only one extension of time in a case.

What will happen if the document I want to file is submitted late?


[Rules 3.02(B) and (C)]
The Supreme Court Rules of Practice strictly prohibit late filings. The
Supreme Court of Ohio Office of the Clerk is required to reject any
document received after the filing deadline. Motions to file “instanter”
or “out of rule” also are prohibited. If you submit a document that is not
accepted for filing by the Supreme Court of Ohio Office of the Clerk, you
must notify all parties you served with the document that the document
was not filed.

How should documents be bound? [Rule 3.09(B)(2)(b) and 3.10(D)]


The original of any document being filed should be scan-ready, or single-
sided, not stapled or otherwise bound, and not containing dividers or
tabs.
Copies must be firmly stapled or bound on the left margin, but the
Supreme Court Rules of Practice do not require a specific binding method.
Plastic cover pages are prohibited, but you can use a plastic spiral binding
if staples will not penetrate your document completely. Any document
that is thicker than two inches must be bound in two or more numbered
volumes.

49
A Guide to Filing in The Supreme Court of Ohio

The Supreme Court Rules of Practice place page limitations


on jurisdictional memoranda and merit briefs. Do these page
limitations cover the table of contents and the appendix? [Rules
7.02(B), 16.02(C)(1) and 16.03(C)(1)]
No. Regarding jurisdictional memoranda, the Supreme Court Rules of
Practice specifically exclude the table of contents from the 15-page limit
and provide that a limited appendix be attached to the memorandum.
(The appendix to a jurisdictional memorandum is restricted to the court of
appeals opinion and judgment entry, which are required attachments, and
other relevant judgment entries and opinions issued in the case.)
Similarly, the Rules of Practice exclude the table of contents, the table of
authorities, and the appendix from the 50-page limit imposed on a merit
brief.

Can I exceed the page limits?


No. Memoranda and briefs that exceed the page limits cannot be accepted
for filing.

How many copies of a motion are required?


[Rule 3.10]
For all motions, except a request for extension of time, an original and 5
copies are required (if e-Filing, no copies are required).
The original must be in scan-ready form, or single-sided, unstapled, and
unbound. It cannot contain any dividers or tabs.
Only the original of a request for extension of time is required.

How many copies of other documents are required?


[Rule 3.10]
•   Notice of appeal — original, plus 1
•   Jurisdictional memorandum — original, plus 4
•   Merit brief — original, plus 9
•   Supplement to brief — original only, no copies
•   List of additional authorities — original, plus 9
The original of any document filed in the Supreme Court of Ohio must
must be in scan-ready form.
NOTE: If e-Filing, no copies are required.

50
A Guide to Filing in The Supreme Court of Ohio

Are there any forms available to help self-represented parties prepare


their documents for filing?
The Supreme Court of Ohio Office of the Clerk has sample documents to
assist people with cases before the Supreme Court, including:
•   Notice of appeal from a court of appeals decision (or, notice of appeal
“of” a court of appeals decision)
•   Memorandum in support of jurisdiction
•   Merit brief.
These sample documents, as well as a form for preparing an affidavit of
indigence, are included with published versions of the Supreme Court
Rules of Practice available from the Supreme Court of Ohio Office of the
Clerk and online at:
www.supremecourt.ohio.gov/clerk.

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

51
A Guide to Filing in The Supreme Court of Ohio

•   Not including a certificate of service on a document submitted for


filing, forgetting to sign the certificate of service, or forgetting to
include the date on the certificate of service
•   Forgetting to sign a document
•   Submitting an affidavit without a sufficient notary’s jurat
(see pp. 14 and 15)
•   Submitting a document with footnotes that are not in 12-point type
•   Submitting a document that has double-sided and/or condensed text
attachments
•   Not including all the necessary party information on the document’s
cover page.

If I have additional questions about filings or Supreme Court


proceedings, who should I contact?
Contact a deputy clerk in the Supreme Court of Ohio Office of the Clerk
at:
614.387.9530

C. Merit Briefs in Appeals


What will happen if my appeal is accepted by the court?
[Rules 16.02 and 16.03]
If your appeal is accepted, the Supreme Court of Ohio Office of the Clerk
will order the record of the case from the court of appeals. When the
record is filed in the Supreme Court, the Supreme Court of Ohio Office of
the Clerk will notify counsel or unrepresented parties in the case and refer
them to the rules on filing merit briefs.

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.

How will I know when the court takes action in my case or in a


case I’m involved in?
When the court issues an entry — or written decision — in a case,
the entry is filed with the Supreme Court Office of the Clerk.
After the entry is filed, the Supreme Court Office of the Clerk will
mail a copy of directly to you, if you are representing yourself in
your case.
You also can check for court entries on the online docket and sign up
for case-activity notices at:
www.supremecourt.ohio.gov/clerk.

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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.

CITATION (ALSO, “CITE”)


A reference to a legal authority, such as a case, constitutional provision, or statute, that
supports an argument. This term often is shortened to “cite.”

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 SUPPORT OF JURISDICTION


A written statement explaining why the Supreme Court should accept an appeal. 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.

MOTION FOR LEAVE


A motion requesting permission to pursue a course of action that is not specifically
addressed by the Supreme Court Rules of Practice.

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A Guide to Filing in The Supreme Court of Ohio

MOTION FOR RECONSIDERATION


A request for the Supreme Court to change its judgment. A motion for reconsideration
can be filed only after the Supreme Court enters a judgment disposing of a case and
must be filed within 10 days of the entry of that judgment.

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.

OHIO REVISED CODE


The laws enacted by the Ohio General Assembly. The Ohio Revised Code is organized
by subject matter and divided into general provisions, titles, chapters, and sections.

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.

RULES OF PRACTICE OF THE SUPREME COURT OF OHIO


The rules governing practice and procedure in cases before the Supreme Court of Ohio.

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.

STATEMENT OF THE CASE


A written summary of the proceedings leading up to the matter being appealed.
A statement of the case is included at the beginning of a brief or jurisdictional
memorandum.

STATEMENT OF THE FACTS


A written summary of the facts leading up to the matter being appealed. A statement of
the facts follows, or is combined with, a statement of the case.

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

SUPPLEMENT TO THE BRIEF


A document that contains only those portions of the record a party feels are necessary
for the Supreme Court to determine the issues presented. A supplement is filed at the
time a merit brief is filed and only is filed in a civil appeal. If the appellant concludes
that a supplement is not necessary, then the appellant can file a notice of intention not to
file a supplement. The supplement or the notice must be filed with the appellant’s merit
brief.

SUPREME COURT OF OHIO OFFICE OF THE CLERK


The office where appeals to the Supreme Court of Ohio are filed. The Supreme Court of
Ohio Office of the Clerk manages all cases filed with the Supreme Court and responds
to questions related to the Supreme Court dockets, journals, and the lower court records
in appeals.

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

OHIO BAR ASSOCIATIONS AND LEGAL CLINICS

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.

AKRON BAR ASSOCIATION LAWYER REFERRAL SERVICE

Contact Information Notes


57 South Broadway Street Serves Summit, Portage, and
Akron, Ohio 44308-1722 Wayne counties.
330.253.5038 (phone)
330.434.4759 (fax)

www.akronbar.org

BUTLER COUNTY BAR ASSOCIATION


LAWYER REFERRAL SERVICE
Contact Information Notes
6 South 2nd Street Serves Butler County.
Suite 720
Hamilton, Ohio 45011
513.896.6671 (phone)
513.868.7022 (fax)

www.butlercountybar.org

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A Guide to Filing in The Supreme Court of Ohio

CAPITAL UNIVERSITY LAW SCHOOL LEGAL CLINIC

Contact Information Notes


303 East Broad Street Serves Franklin County.
Columbus, Ohio 43215-3209 Civil cases only.
614.236.6245 (phone)

http://law.capital.edu/Legal_Clinic/

CINCINNATI BAR ASSOCIATION LAWYER REFERRAL SERVICE

Contact Information Notes


225 East 6th Street • In Ohio - Serves Hamilton,
2nd Floor Butler, Warren, and Clermont
Cincinnati, Ohio 45202-3209 counties.
513.381.8359 (phone) • In Kentucky - Serves Campbell,
513.381.2920 (fax) Boone, and Kenton counties.
• In Indiana - Serves Dearborne
County.
www.cincybar.org

CLERMONT COUNTY BAR ASSOCIATION


LAWYER REFERRAL SERVICE
Contact Information Notes
Law Library Serves Clermont, Brown, and
270 East Main Street Hamilton counties.
Batavia, Ohio 45103
513.732.2050 (phone)
513.732.0974 (fax)

CLEVELAND METROPOLITAN BAR ASSOCIATION LRIS

Contact Information Notes


1301 East 9th Street Serves northeast Ohio.
2nd Level
Cleveland, OH 44114
216.696.3525 (phone)
216.696.2129 (fax)

www.clemetrobar.org

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A Guide to Filing in The Supreme Court of Ohio

COLUMBUS BAR ASSOCIATION LAWYER REFERRAL SERVICE

Contact Information Notes


175 South 3rd Street Serves central Ohio.
Suite 1100
Columbus, Ohio 43215
614.221.0754 (phone)
614.221.4850 (fax)

www.peoplesbar.org

CUYAHOGA COUNTY PUBLIC DEFENDER OFFICE

Contact Information Notes


Appellate Division Serves Cuyahoga County.
310 Lakeside Avenue
Suite 200
Cleveland, Ohio 44113-1021
216.443.7583 or
216.443.7580 (phone)

http://publicdefender.cuyahogacounty.us

DAYTON BAR ASSOCIATION LRIS

Contact Information Notes


109 North Main Street Serves Dayton and surrounding
Suite 600 areas.
Dayton, Ohio 45402
937.222.6102 (phone)
937.222.1308 (fax)

http://www.daybar.org/public/lrs/

FRANKLIN COUNTY PUBLIC DEFENDER

Contact Information Notes


373 South High Street Serves Franklin County.
12th Floor
Columbus, Ohio 43215
614.462.3194 (phone)

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A Guide to Filing in The Supreme Court of Ohio

HAMILTON COUNTY PUBLIC DEFENDER OFFICE

Contact Information Notes


230 East 9th Street Serves Hamilton County.
2nd Floor
Cincinnati, Ohio 45202
513.946.3700 (phone)

http://www.hamiltoncountypd.org/

LORAIN COUNTY BAR ASSOCIATION


LAWYER REFERRAL SERVICE
Contact Information Notes
401 Broad Street Serves Lorain County.
Suite 205
Elyria, Ohio 44035
440.323.8416 (phone)
440.323.1922 (fax)

MAHONING COUNTY BAR ASSOCIATION LRIS

Contact Information Notes


114 East Front Street Serves Mahoning, Columbiana,
Suite 100 and Trumbull counties.
Youngstown, Ohio 44503
330.746.2737 (phone)
330.746.7101 (fax)

www.mahoningbar.org

MEDINA COUNTY BAR ASSOCIATION LRIS

Contact Information Notes


93 Public Square Serves Medina, Summit, and
Medina, Ohio 44256 Cuyahoga counties.
330.725.9794 (phone)
330.723.9608 (fax)

http://www.medinabar.org/literature/

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A Guide to Filing in The Supreme Court of Ohio

MILTON A. KRAMER LAW CLINIC


CASE WESTERN UNIVERSITY SCHOOL OF LAW
Contact Information Notes
11075 East Boulevard Serves Cuyahoga County.
Cleveland, Ohio 44106 Civil cases only.
216.368.2766 (phone)

http://law.case.edu/clinic

MONTGOMERY COUNTY PUBLIC DEFENDER OFFICE

Contact Information Notes


Glen Dewar Serves Montgomery County.
117 South Main Street
Suite 400
P.O. Box 972
Dayton, Ohio 45422
937.225.4652 (phone)

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/

OFFICE OF THE OHIO PUBLIC DEFENDER

Contact Information Notes


250 East Broad Street Statewide service area.
Suite 1400
Columbus, Ohio 43215
614.466.5394 or
800.686.1573 (phone)

http://opd.ohio.gov

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A Guide to Filing in The Supreme Court of Ohio

PRO SENIORS HOTLINE REFERRAL ATTORNEY PROGRAM

Contact Information Notes


7126 Reading Road Statewide service area.
Suite 1150 Serves Ohioans ages 60+.
Cincinnati, Ohio 45237
513.345.4160 (phone)
513.621.5613 (fax)

www.proseniors.org/legal_services.html

RICHLAND COUNTY BAR ASSOCIATION LRIS

Contact Information Notes


50 Park Avenue East Serves Richland County.
Mansfield, Ohio 44902
419.524.9944 (phone)
419.524.9979 (fax)

STARK COUNTY BAR ASSOCIATION LRIS

Contact Information Notes


116 Cleveland Avenue North Serves Stark County area.
Suite 400
Canton, Ohio 44702
330.453.0686 (phone)
330.453.0180 (fax)

http://starkctybar.com/referrals.htm

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A Guide to Filing in The Supreme Court of Ohio

TOLEDO BAR ASSOCIATION LRIS

Contact Information Notes


311 North Superior Street Serves northwest Ohio (Lucas
Toledo, Ohio 43604 County and surrounding areas).
419.242.2000 (phone)
419.242.3614 (fax)

www.toledobar.org

TRUMBULL COUNTY BAR ASSOCIATION LRIS

Contact Information Notes


P.O. Box 4222 Serves northeast Ohio and
Warren, Ohio 44482 southwest Pennsylvania
330.675.2415 (phone) counties.
330.675.2412 (fax)

www.tcba.net

UNIVERSITY OF AKRON SCHOOL OF LAW LEGAL CLINIC

Contact Information Notes


C. Blake McDowell Law Center Serves northeast Ohio.
150 University Avenue
Akron, Ohio 44325
330.972.7331 or
330.972.7751 (phone)

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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

___________________________ : Case No.


___________________________
Appellant, :
Relator, :
Petitioner, v. :

___________________________ :
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.

□ Check if additional pages are attached.


____________
Signature of person submitting the information
__________________________________________
Date
THIS IS PAGE __________ OF ____ PAGES
A Guide to Filing in The Supreme Court of Ohio

APPENDIX C
AFFIDAVIT OF INDIGENCE FORM

77
AFFIDAVIT OF INDIGENCE

IN THE SUPREME COURT OF OHIO

Affidavit of Indigence

I, ________________________________________, do hereby state that I am without the necessary funds

to pay the costs of this action for the following reason(s):

[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

security deposit, if applicable, be waived.

____________________________________
Affiant

Sworn to, or affirmed, and subscribed in my presence this _________ day of _______________________,
20____.

____________________________________
Notary Public

My Commission Expires: _______________.

[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

81
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.

NAME AS IT APPEARS ON CREDIT CARD________________________________________

ADDRESS_____________________________________ ZIP CODE_______________

CITY__________________________________STATE________

EMAIL ADDRESS_____________________________________________________________

CASE CAPTION_______________________________________________________________

_____________________________________________________________________________
(Please use the caption and prior case number as provided on the entry that you are appealing)

CREDIT CARD NUMBER_________________________________________________

EXPIRATION DATE______________ CORPORATE CARD ____YES _____NO

CARD TYPE MasterCard _______ Visa _______ American Express_______ Discover

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______________

PLEASE NOTE THAT IT IS THE CLERK’S OFFICE POLICY TO DESTROY THIS


FORM IMMEDIATELY UPON THE FILING OF THE CASE
published by
The Supreme Court of Ohio
Office of the Clerk
updated january 2021
The Supreme Court of Ohio

Office of the Clerk


65 South Front Street
Columbus, Ohio 43215-3431
614.387.9530
www.supremecourt.ohio.gov

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