Ohio Loc. App. R. 3

As amended through July 25, 2024
Rule 3 - Appeal as of Right-How Taken & Counsel & Consolidation
A. A Notice of Appeal shall include the following:
1. Contain the words "NOTICE OF APPEAL" in bold capital letters in the caption of the notice of appeal;
2. Specify the party or parties taking the appeal;
3. Designate the judgment or order appealed from and attach a copy if possible, designate the date of the judgment of order, the name of the trial court or agency issuing the judgment or order being appealed, and the trial court or agency case number designation;
4. Name the appellate court, including the county designation, to which the appeal is taken;
5. Contain an original signature by the party initiating the appeal, or by counsel for the party;
6. Include proof of service.

Failure to follow this rule may result in dismissal of the appeal.

A notice of appeal e-filed pursuant to Loc.R. 13.1 or any other related local rule shall be filed according to the rules set forth by the trial court for e-filing an appeal.

B. Where to File the Notice of Appeal:
1. A notice of appeal shall be filed with the clerk of the trial court exclusively.
2. A notice of cross-appeal shall be filed with the clerk of the trial court and the clerk of the appellate court.
3. An amended notice of appeal shall be filed with both the clerk of the trial court and the clerk of the appellate court.
4. A notice of appeal, cross-appeal, or amended appeal delivered to the office of the Seventh District Court of Appeals in Youngstown, Ohio, or to the clerk of the Court of Appeals in a county within our district, rather than to the Clerk of Court for the respective county trial court shall not be deemed as filed.
C. Designation of Counsel
1. If the appellant is represented by counsel, the notice of appeal and each subsequent filing shall contain counsel's name, attorney-registration number, street address, e-mail address, and telephone number.
2. If the counsel designated in the notice of appeal is a member of a law firm, legal aid society, public defender's office, or a government agency, the notice of appeal and each subsequent filing shall also contain the name of the attorney within the firm, organization or agency who is primarily responsible for the case.
3. If the counsel designated in the notice of appeal is not admitted to practice in the courts of the State of Ohio, counsel shall apply to this Court for permission to appear pro hac vice in a manner consistent with rules prescribed by the Supreme Court of Ohio.
4. Withdrawal of Designated Counsel.
a. In indigent cases where counsel has been appointed, this Court may permit the counsel designated in the notice of appeal to withdraw from the appeal upon motion demonstrating good cause for withdrawal and with proof of service to the appellant as well as to all parties.
b. In all other cases, the counsel designated in the notice of appeal may request to withdraw, and new counsel may be substituted, upon motion bearing proof of service upon all parties and containing the following:
i. the name, street address, e-mail address, and telephone number of the party represented by designated counsel;
ii. a statement that designated counsel intends to withdraw; and
iii. the name, attorney-registration number, street address, e-mail address, and telephone number of the counsel to be substituted for designated counsel.
5. Self-Represented Parties: If a party is not represented by counsel, the notice of appeal and each subsequent filing shall contain the party's printed name, street address, e-mail address (if available), telephone number and original signature with the name printed underneath.
6. Counsel for other parties: The notice of appeal and each subsequent filing must also contain the name, attorney-registration number, street address, email address, and telephone number of counsel of record for all other parties served with the notice of appeal.
7. Notice of Appearance:
a. All counsel, whether for the appellant or appellee, who intend to actively participate in the appeal must file a notice of appearance within 40 days of the filing of the notice of appeal.
b. The notice of appearance must contain the name, attorney-registration number, street address, e-mail address, and telephone number of counsel.
c. If counsel fails to file a notice of appearance, counsel will not be permitted to appear and participate in oral argument before the Court.
D. Criminal Appeals
1. In all criminal and juvenile delinquency appeals, a copy of the notice of appeal must be served upon the prosecuting attorney, law director, city solicitor, or other opposing counsel according to who is handling the prosecution of the case.
E. Consolidated Appeals
1. Either on motion by any party or sua sponte, this Court may consolidate cases involving related transactions or the same or similar principles of law, even though the parties are not identical. When consolidation is sought or has been ordered, the parties may file a motion for leave to submit a common brief, request a briefing schedule, or ask for other relief in order to facilitate the common resolution of the cases or issues, e.g., consolidating oral argument, modifying the page limit of a brief.

Ohio. Loc. App. R. 3

Amended eff. 9/30/2022.