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APPELLATE

Clerk of The 8th District Court of Appeals
1 Lakeside Ave.
Room 145

phone

Supervisor: Al T. Chesnik 216-443-7937

The Appellate Division of the Clerk of Courts Office receives all filings and manages all paperwork relating to cases which have been appealed to the Eighth District Court of Appeals. This includes the files, Dockets and Journals for all pending cases for the 8th District Court of Appeals.

Local Appeals Court Rules are available on the Eighth District Court of Appeals web site.

An Appeal is a process brought forth by a party asking the Appellate Court to review a final order rendered by the Trial Court.

The Appellate Division accepts appeals from lower courts and various state agencies. Appeals may be filed from the Common Pleas Court and Municipal Court. Appeals from State Agencies would include the Board of Tax Appeals, Environmental Protection Agency, Board of Hazardous Waste Facility and the Ohio Court of Claims.

ORIGINAL ACTIONS
An Original Action is commenced by the filing party who is requesting the Court to issue a Writ. A Writ is an order of the Court, issued by the Clerk, commanding the Sheriff to execute an order contained within the Writ against the person referenced.

Examples of these actions are as follows:

Petition for a Writ of Mandamus - A Writ stating that the Court is ordering a person against whom it is issued to do something within a specified time. - A Writ stating that the Court is ordering a person against whom it is issued to do something within a specified time.

Habeas Corpus - A Writ commanding a person who detains another to be brought before the Court so that the Court may inquire into the legality of the restraint, imprisonment or deprivation of liberty regarding that person. - A Writ commanding a person who detains another to be brought before the Court so that the Court may inquire into the legality of the restraint, imprisonment or deprivation of liberty regarding that person.

Procedendo - Issuance of a Writ to an inferior Court directing that Court to proceed with a case, so that a Judgment may be rendered - Issuance of a Writ to an inferior Court directing that Court to proceed with a case, so that a Judgment may be rendered

NOTICE OF APPEAL
A Notice of Appeal is required to be filed within thirty (30) days of the Judgment Entry issued by a Trial Court.

A Notice of Appeal that is rendered from the Common Pleas Court is filed directly with the Appellate Division. However, if a Judgment is from the Municipal Court or any of the various State Agencies, the Notice of Appeal is filed first with the Trial Court.

AFTER AN APPEAL IS FILED
Upon the filing of a Notice of Appeal, the Clerk will receive the transcript of the record along with any other necessary documents. The matter will be set for hearing in the Court of Appeals and the Clerk will notify all involved of the briefing schedule and the hearing date.

AFTER A JUDGMENT IS RENDERED
After the Court of Appeals issues a ruling, the Judgment is filed in the Clerk's office. Any further Appeal would then be filed with the Supreme Court of Ohio within 45 days.

A motion to ask the Court of Appeals to reconsider its Decision may be filed within 10 days after the Judgement Entry is filed.

COST OF AN ORIGINAL ACTION OR APPEAL
A current fee schedule is available in the Clerk's office. A cost bill will be mailed to the party in which the costs are assessed.

NOTICE
This document is not intended as legal advice but is an attempt to answer commonly asked questions. We strongly advise everyone to seek legal counsel to represent them. If you need an attorney referral, the Bar Association (phone) may be of assistance to you.

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